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Home My WebLink About2023-03-07; City Council; ; Memoranda of Understanding with the Carlsbad City Employees’ Association and the Carlsbad Firefighters’ Association Inc. and amendments to the Management Compensation andCA Review CKM Meeting Date: March 7, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Debbie Porter, Senior Human Resources Analyst debbie.porter@carlsbadca.gov, 760-602-2441 Judy von Kalinowski, Human Resources Director judy.vonkalinowski@carlsbadca.gov, 760-473-4670 Subject: Memoranda of Understanding with the Carlsbad City Employees’ Association and the Carlsbad Firefighters’ Association Inc. and amendments to the Management Compensation and Benefits Plan and the Emergency Medical Technician Employment, Compensation and Benefits Plan District: All Recommended Action Adopt a resolution approving memoranda of understanding and associated documents with the Carlsbad City Employees’ Association and the Carlsbad Firefighters’ Association Inc. and amendments to the Management Compensation and Benefits Plan and the Emergency Medical Technician Employment, Compensation and Benefits Plan. Executive Summary Representatives of the city, the Carlsbad City Employees’ Association and the Carlsbad Firefighters’ Association Inc. have reached agreements regarding wages, hours and other terms and conditions of employment for the employees represented by the association. The term of each memorandum of understanding is from Jan. 1, 2023 to Dec. 31, 2025. The agreed-upon revisions are detailed below. For consistency among employee groups, some of the revisions in the agreements covering represented employees are also recommended for unrepresented management employees and unrepresented emergency medical technicians. The agreements require City Council approval under California Government Code Section 3505.1. A proposed resolution approving the revisions is provided as Exhibit 1. March 7, 2023 Item #3 Page 1 of 397 Explanation & Analysis Staff recommend the following revisions: Carlsbad City Employees’ Association Compensation • First full pay period in January 2023 - Adjust pay ranges for certain classifications to maintain market competitiveness, then convert salary ranges to six salary steps with 4% between steps o Employees who are on pay steps 1 through 5 will get a 4% step increase on their anniversary date, the date they started working in their current position o All employees who are on step 6 and ineligible for a step increase shall receive a one-time non-pensionable cash stipend of $3,400 (These changes would be made retroactively, following the City Council’s approval.) • Jan. 1, 2024 - create a new salary step seven that is 4% higher than step six and eliminate salary step 1 • Jan. 1, 2025 - 3% salary increase for all represented employees Other types of pay and benefits • Increase the maximum tool reimbursement value from $550 to $1,000 per fiscal year • Increase the maximum vacation accrual from 320 to 400 hours • Add utility workers and water systems operators to the list of those employees eligible for confined space pay (5% additional pay for those employees in certain classifications) • Continue to set the city’s health insurance contribution to dollar amounts that equal 80% of the average health premium for those enrolling in the group health plan and $400 per month for those who waive medical coverage • Make additional language changes to the memorandum of understanding and related documents, as shown in exhibits 2 and 6 Carlsbad Firefighters’ Association Inc. Compensation (for all represented employees) • Jan. 1, 2023 - 4% salary increase • Jan. 1, 2024 - 4% salary increase • Jan. 1, 2025 - 4% salary increase Other types of pay and benefits • Increase bilingual pay from $40 to $50 per pay period • Increase vacation accrual maximum from 320 to 400 hours for employees on an 80- hour per pay period schedule and from 448 to 560 for employees on a 112-hour per pay period schedule. (Previous full-time paid experience in a professional public safety agency in an equivalent job classification counts toward the vacation accrual rate.) • Continue to set the city’s health insurance contribution to dollar amounts that equal 80% of the average health premium for those enrolling in the group health plan and $400 per month for those who waive medical coverage March 7, 2023 Item #3 Page 2 of 397 ---------- • Convert paramedic license pay from $110.77 per pay period to 2.5% of the top step paramedic firefighter biweekly base salary (equal to $106.73 in 2023) • Grant employees returning from incident deployments spanning 240 hours or greater deployment recovery leave of up to 24 hours before they start their next work shift (instead of the employees using their own accrued leave) • Increase the city contribution to the Post-Retirement Healthcare Trust from $150 to $200 per month per employee and decrease the employee contribution from $250 to $200 per month • Increase education incentive level I from 4% to 4.5% of the top step paramedic firefighter biweekly base salary and level II from 6.4% to 6.9% of the top step paramedic firefighter biweekly base salary • Make additional language changes to the memorandum of understanding, as shown in Exhibit 3 Unrepresented management and emergency medical technicians • Increase vacation accrual maximum from 320 to 400 hours for employees on an 80- hour per pay period schedule and from 448 to 560 for employees on a 112-hour per pay period schedule • Grant fire management and emergency medical technicians returning from incident deployments spanning 240 hours or greater deployment recovery leave of up to 24 hours before they start their next work shift (instead of the employees using their own accrued leave) • Make additional language changes to the Management Compensation and Benefits Plan and the Emergency Medical Technician Employment, Compensation and Benefits Plan, as shown in exhibits 4 and 5 These revisions have been incorporated in: • The Carlsbad City Employees’ Association memorandum of understanding (Attachment A to Exhibit 1) • The Carlsbad Firefighters’ Association Inc. memorandum of understanding (Attachment B) • The Management Compensation and Benefits Plan (Attachment C) • The Emergency Medical Technician Employment, Compensation and Benefits Plan (Attachment D) • The Personnel Rules and Regulations (Attachment E) Exhibits 2 through 6 show the proposed revisions. The compensation adjustments have been incorporated into: • The Carlsbad City Employees’ Association Salary Schedule (Attachment F) • The Carlsbad Firefighters’ Association Inc. Salary Schedule (Attachment G) Fiscal Analysis No additional appropriations in fiscal year 2022-23 are being requested at this time to fund the proposed adjustments because the costs should be covered by planned wage increases and current year vacancy savings. However, should costs exceed current year estimates at fiscal yearend within the General Fund, staff will rely on non-departmental budget savings that resulted from the mid-year budget review to fund the increase. March 7, 2023 Item #3 Page 3 of 397 For all funds outside of the General Fund, staff anticipate there being sufficient budget savings to fund the cost increases in fiscal year 2022-23. However, should actual costs exceed current year estimates, staff will return to the City Council to request the necessary appropriations. Future fiscal year impacts will be incorporated into future operating budgets. Carlsbad City Employees’ Association • The annual cost of the compensation increases are estimated to be $1,271,000 in 2023, $1,175,000 in 2024 and $2,020,000 in 2025. These costs include salary and related benefits. • The annual cost of the increases to health benefit credits over the next three years are estimated to be $115,000, $121,000 and $127,000. • The annual cost of the increase to the tool reimbursement maximum is estimated to be $2,000. • The annual cost of the adding utility workers and water systems operators to the list of those employees eligible for confined space pay is estimated to be $63,000 in 2023, $2,000 in 2024 and $4,000 in 2025. These costs include salary and related benefits. Carlsbad Firefighters’ Association Inc. • The annual cost of the compensation increases are estimated to be $636,000 in 2023, $662,000 in 2024 and $688,000 in 2025. These costs include salary and related benefits. • The annual cost of the increase to bilingual pay is estimated to be $4,000. • The annual cost of the increases to health benefit credits over the next three years are estimated to be $26,000, $27,000 and $28,000. • The annual cost of converting paramedic license pay from $110.77 per pay period to 2.5% of the top step paramedic firefighter biweekly base salary is estimated to decrease by $12,000 in 2023 and then increase by $6,000 in 2024 and by $6,000 in 2025. These costs include salary and related benefits. • The annual cost of the increase to the city contribution to the Post-Retirement Healthcare Trust in 2024 is estimated to be $54,000 • The annual cost of the increase to the education incentive is estimated to be $82,000 in 2023, $29,000 in 2024 and $30,000 in 2025. This cost includes pay and related benefits. Unrepresented management and emergency medical technicians • There is no fiscal impact related to the changes for these employee groups. Next Steps With the City Council’s approval, staff will implement the new provisions of the Carlsbad City Employees’ Association and Carlsbad Firefighters’ Association Inc. memoranda of understanding and related documents, and the documents related to unrepresented management and emergency medical technicians. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. March 7, 2023 Item #3 Page 4 of 397 Exhibits 1. City Council resolution 2. Revisions to the Carlsbad City Employees’ Association Memorandum of Understanding 3. Revisions to the Carlsbad Firefighters’ Association Inc., Memorandum of Understanding 4. Revisions to the Management Compensation and Benefits Plan 5. Revisions to the Emergency Medical Technician Employment, Compensation and Benefits Plan 6. Revisions to the Personnel Rules and Regulations March 7, 2023 Item #3 Page 5 of 397 RESOLUTION NO. 2023-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD CITY EMPLOYEES' ASSOCIATION AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION INC., AND APPROVING AMENDMENTS TO THE MANAGEMENT COMPENSATION AND BENEFITS PLAN, THE EMERGENCY MEDICAL TECHNICIAN EMPLOYMENT, COMPENSATION AND BENEFITS PLAN, THE PERSONNEL RULES AND REGULATIONS, THE CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION INC. HOURLY SALARY SCHEDULE WHEREAS, representatives of the City of Carlsbad and the Carlsbad City Employees' Association and the Carlsbad Firefighters' Association Inc., have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act (Cal. Gov. Code, §§ 3500-3511) regarding wages and other terms and conditions of employment; and WHEREAS, representatives of the City of Carlsbad and the Carlsbad City Employees' Association and the Carlsbad Firefighters' Association Inc., signed total tentative agreements for successor Memoranda of Understanding (MOUs) on Jan. 13, 2023 and Jan. 12, 2023, respectively; and WHEREAS, the Carlsbad City Employees' Association voted in favor of ratifying the total tentative agreement for a successor MOU on Jan. 27, 2023 and the Carlsbad Firefighters' Association Inc. voted in favor of ratifying the total tentative agreement for a successor MOU on Feb. 6, 2023; and WHEREAS, representatives of the City of Carlsbad and the Carlsbad City Employees' Association and the Carlsbad Firefighters' Association Inc., desire to submit the total tentative agreements for successor MOUs to the City Council for consideration and approval; and WHEREAS, for consistency among employee groups, some of the revisions contained in the successor MOUs for represented employees are also recommended for unrepresented management employees and unrepresented Emergency Medical Technicians and submitted to the City Council for consideration and approval; and WHEREAS, the City Council of the City of Carlsbad, California has determined the need to accept the agreements and amendments in the form of MOUs, revisions to the Management Compensation and Benefits Plan, the Emergency Medical Technician Employment, Compensation and Benefits Plan and the Personnel Rules and Regulations, and the revised salary schedules contained in Attachments A thru G of this resolution, and incorporated by reference; and Exhibit 1 March 7, 2023 Item #3 Page 6 of 397 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.The MOU with the Carlsbad City Employees' Association (Attachment A} is approved and the City Manager is authorized to execute it on behalf of the city. 3.The MOU with the Carlsbad Firefighters' Association Inc. (Attachment B} is approved and the City Manager is authorized to execute it on behalf of the city. 4.The revised Management Compensation and Benefits Plan (Attachment C} is approved and the City Manager is authorized to execute it on behalf of the city. 5.The revised Emergency Medical Technician Employment, Compensation and Benefits Plan (Attachment D} is approved and the City Manager is authorized to execute it on behalf of the city. 6.The revised Personnel Rules and Regulations (Attachment E} is approved and the City Manager is authorized to execute it on behalf of the city. 7.The Carlsbad City Employees' Association Salary Schedule (Attachment F} is approved. 8.The Carlsbad Firefighters' Association Inc. Hourly Salary Schedule (Attachment G} is approved. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of March, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor � L SHERRY FREISINGER, City Clerkv-(SEAL} March 7, 2023 Item #3 Page 7 of 397 Attachment A CCEA MEMORANDUM OF UNDERSTANDING 1/1/2023 to 12/31/2025 Summary of Significant Changes 1.Term: January 1, 2023 – December 31, 2025 2.Article 12 Compensation Adjustments: a.Effective the first pay period in 2023, CCEA salary ranges shall be converted to six salary steps and all CCEA employees shall be placed onto the nearest salary step equal to or greater than their current base pay rate. Section 4 of the City of Carlsbad Personnel Rules and Regulations describes eligibility for advancements within a pay range (i.e., step increases). b.Effective the first full pay period following City Council ratification of this MOU, all CCEA employees who are on step 6 shall receive a one-time non- pensionable cash stipend equal to $3,400. c.Effective January 1, 2024, the city shall create a new salary step 7 that is four percent higher than step 6 and step 1 will be eliminated. d.Effective January 1, 2025, the city shall implement an across-the-board base salary increase for each represented classification of three percent. 3.Article 17 Bilingual Pay In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU. 4.Article 19 Tool Reimbursement: Tool reimbursement for eligible employees will increase from $550 to $1,000 per fiscal year 5.Article 20 Vacation: Effective the first day of the first full pay period following City Council ratification of this MOU, the vacation accrual maximum shall increase from 320 to 400 hours. 6.Article 34 Health Insurance/Flexible Benefits Program Effective the pay periods that include January 1, 2024, January 1, 2025 and December 31, 2025, the city benefits credits will increase. March 7, 2023 Item #3 Page 8 of 397 ii 7. Article 53 Pay Ranges: Effective the first pay period in 2023, pay ranges for certain classifications will be adjusted to maintain market competitiveness. 8. Article 57 Confined Space Pay Effective the first pay period in calendar year 2023 employees classified as Utility Workers and Water Systems Operators will also receive this pay. March 7, 2023 Item #3 Page 9 of 397 iii CCEA MEMORANDUM OF UNDERSTANDING 1/1/2023 to 12/31/2025 TABLE OF CONTENTS Foreword ..............................................................................................................Page 1 Preamble ..............................................................................................................Page 1 Article 1 Recognition ............................................................................Page 1 Article 2 Implementation ......................................................................Page 1 Article 3 Term .......................................................................................Page 1 Article 4 Renegotiation .........................................................................Page 2 Article 5 Authorized Agents .................................................................Page 2 Article 6 No Strike and No Lockout .....................................................Page 2 Article 7 City Rights .............................................................................Page 3 Article 8 Employee Rights ....................................................................Page 3 Article 9 Association Rights .................................................................Page 3 Article 10 Confidential Employees .........................................................Page 5 Article 11 CCEA Dues ............................................................................Page 6 Article 12 Compensation Adjustments ...................................................Page 7 Article 13 Distribution of Paychecks ......................................................Page 8 Article 14 Overtime ................................................................................Page 8 Article 15 Working Out of Classification & Temporary Upgrade Pay ..Page 12 Article 16 Injured on Duty ......................................................................Page 13 Article 17 Bilingual Pay ..........................................................................Page 14 Article 18 Uniforms and Equipment .......................................................Page 14 Article 19 Tool Reimbursement ..............................................................Page 16 Article 20 Vacation ................................................................................Page 17 Article 21 Holidays .................................................................................Page 19 Article 22 Sick Leave ..............................................................................Page 21 Article 23 Bereavement Leave ................................................................Page 23 Article 24 Family and Medical Leave Acts ...........................................Page 23 Article 25 Leave of Absence ...................................................................Page 23 Article 26 Military Leave ........................................................................Page 26 Article 27 Jury Duty ................................................................................Page 26 Article 28 Rest Periods ...........................................................................Page 26 Article 29 Late Starts ..............................................................................Page 26 Article 30 Flexible Classifications ..........................................................Page 27 Article 31 Flexible Start Hours ...............................................................Page 27 Article 32 Alternative Work Schedules and Shift Changes ....................Page 28 Article 33 Flexible Job Sharing ..............................................................Page 28 Article 34 Health Insurance/Flexible Benefits Program .........................Page 28 Article 35 Short Term Disability Insurance ............................................Page 30 Article 36 Long Term Disability Insurance ............................................Page 31 Article 37 Retirement ..............................................................................Page 31 Article 38 Deferred Compensation .........................................................Page 32 March 7, 2023 Item #3 Page 10 of 397 iv CCEA Memorandum of Understanding Table of Contents Page 2 Article 39 Dispute Resolution Procedure................................................Page 32 Article 40 Alcohol and Drug Policy .......................................................Page 38 Article 41 Access to Information ............................................................Page 42 Article 42 Communications ....................................................................Page 42 Article 43 Legal Representation .............................................................Page 43 Article 44 Layoff .....................................................................................Page 43 Article 45 Full Understanding, Modification & Waiver .........................Page 45 Article 46 Provisions of Law ..................................................................Page 46 Article 47 Retention of Benefits .............................................................Page 46 Article 48 Non-discrimination Clause ....................................................Page 46 Article 49 Americans With Disabilities Act ...........................................Page 46 Article 50 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits ..........................................Page 46 Article 51 Special Housing Facilities......................................................Page 47 Article 52 Contracting Out Work............................................................Page 49 Article 53 Pay Ranges .............................................................................Page 51 Article 54 Survey Market ........................................................................Page 52 Article 55 Reopener ................................................................................Page 53 Article 56 Paid Family Leave .................................................................Page 53 Article 57 Confined Space Pay ...............................................................Page 53 Attachment A Compensation and Benefits Summary – CCEA Represented Employees Working a Reduced FTE Schedule Attachment B Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibilities and Agreement to Terms of Assignment Attachment C Separation Agreement and General Release March 7, 2023 Item #3 Page 11 of 397 - 1 MEMORANDUM OF UNDERSTANDING between the City of Carlsbad and the Carlsbad City Employees’ Association Foreword The Memorandum of Understanding is made and entered into between designated management representatives of the City of Carlsbad (hereinafter referred to as the “city”), and the designated representatives of the Carlsbad City Employees’ Association (hereinafter referred to as “CCEA” or “Association”). Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as “Memorandum”) to promote and provide for harmonious relations, cooperation, and understanding between the city Management representatives and the general employees covered under this Memorandum, as shown on the Carlsbad City Employees’ Association Salary Schedule; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. Article 1 Recognition The City of Carlsbad recognizes CCEA as the exclusive majority representative for all classifications in this unit, as set forth in the Carlsbad City Employees’ Association Salary Schedule, pursuant to the petition for formal recognition submitted on February 11, 1976, and approved April 20, 1976, in accordance with the Carlsbad Municipal Code. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council acts, by majority vote, formally to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum of Understanding shall be from January 1, 2023, through December 31, 2025. March 7, 2023 Item #3 Page 12 of 397 2 Article 4 Renegotiation In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum of Understanding, that party shall serve upon the other a notice of such intent prior to expiration of the Memorandum of Understanding. If a party provides intent pursuant to this section, the parties agree to initially meet not less than 45 calendar days and no more than six months prior to the expiration of the Memorandum of Understanding, if possible. Article 5 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum: A. City’s principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (442)-339-2820), except where a particular city representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CCEA authorized representatives shall be its President, its Board of Directors, or a CCEA member in good standing who has been designated as an authorized CCEA representative in writing by CCEA’s President or a member of the Board of Directors. (Address: 1635 Faraday Avenue, Carlsbad, CA 92008). C. Copies of all correspondence to CCEA authorized representatives shall also be sent to the CCEA designated staff representatives. CCEA will notify Human Resources of the organization, contact name, and address whenever a change is made. Article 6 No Strike and No Lockout A. No Strike. During the life of this agreement, neither the Association nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any other intentional disruption of the operations of the city, regardless of the reason for so doing. B. Penalty. Any employee engaging in activity prohibited by Article 6, A., or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this agreement, the city will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 6, A. D. Association Official Responsibility. Each employee who holds the position of officer of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provision of this article, the Association agrees to inform its members of their obligations under this agreement and to direct them to return to work. March 7, 2023 Item #3 Page 13 of 397 3 Article 7 City Rights The rights of the city include, but are not limited to the exclusive right to determine mission of its constituent departments, commissions, committees, and boards; set standards of service; determine procedures and standards of selection for employment and promotions; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reason; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 8 Employee Rights A. Employees of the city shall have the right to form, join and participate in the activities of CCEA for the purpose of representation on all matters of Employer-Employee Relations, including but not limited to, wages, hours, and other terms and conditions of employment. Employees of the city also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the city. B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the city, CCEA or other employee organization(s) because of the exercise of the employee’s rights under this Article. C. An individual employee reserves the right to individual representation, upon formal notice to CCEA and the city, on any matter of Employer-Employee Relations. D. CCEA shall be provided notice of the results of such individual employee-city meetings. Article 9 Association Rights A. The city recognizes the right of CCEA to govern its internal affairs. B. The city agrees to include a one-page CCEA “Information Sheet” in the orientation packet for newly hired employees in positions represented by CCEA. The city and CCEA agree that the purpose of the “Information Sheet” is to familiarize new employees with the operations and benefits of CCEA. All costs associated with preparing the “Information Sheet” shall be borne by CCEA. CCEA agrees to indemnify and hold the city harmless for any disputes between CCEA and employees represented by CCEA arising out of information contained in the “Information Sheet.” Prior to distribution the “Information Sheet” must be approved by the Human Resources Director. Should the city have less than 10 CCEA information sheets on hand, it shall notify CCEA so that CCEA can ensure that the city has adequate information sheets on hand for new hires. C. The city will furnish bulletin boards for use by CCEA. Material placed on said bulletin boards shall be at the discretion of CCEA. The city may remove CCEA material only in March 7, 2023 Item #3 Page 14 of 397 4 the event the material is obviously offensive to good taste, defamatory, and shall be removed only on prior notification to CCEA. Bulletin boards shall be located at: 1) City Hall Employees’ Lounge, 2) Library Employees’ Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Faraday Employees’ Lounge, 6) Safety Center Employees’ Lounge, 7) Fleet Maintenance, 8) Stagecoach Community Park, 9) Calavera Community Park, 10) the City Clerk’s Office, and 11) the Senior Center. By mutual agreement additional locations may be added. CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the bulletin boards furnished by the city for the exclusive use by CCEA. D. Upon written request from CCEA, the city agrees to provide CCEA with a listing of names, departments, and classifications of employees in classifications represented by CCEA. Names, departments, and classifications provided will reflect the most current data on file with the Human Resources Department as of the date the list is prepared. E. CCEA shall provide and maintain with the city a current list of the names and all authorized representatives of the CCEA. An authorized representative shall not enter any work location without the consent of the Department Head or designee or the City Manager or designee. The Department Head or designee shall have the right to make arrangements for a contact location removed from the work area of the employee. Management shall not unreasonably deny access. F. CCEA may, with the approval of the Human Resources Department, be granted the use of city facilities for after hour meetings. G. CCEA shall be allowed to designate employee representatives to assist employees in preparing and processing grievances; and preparing and presenting material for disciplinary appeals hearings. CCEA may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend discipline or grievance hearings or City Council meetings during the off-duty time shall do so on their own time; providing, however, that employees who are ordered or subpoenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum of Understanding. Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer-employee relations. March 7, 2023 Item #3 Page 15 of 397 5 Designated employee representatives requesting time off under this article shall direct such request to the employee representatives’ immediate supervisors in writing within a reasonable time period to the date requested, in order to assure that the department meets its staff needs and to assure sufficient coverage of departmental assignments. H. CCEA may select members of the organization to attend scheduled meetings with the city staff on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the city may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the city at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Department Head or other authorized city management official. (2) That any such meeting is subject to scheduling by city management in a manner consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict city management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. Article 10 Confidential Employees Employees are designated as confidential employees due to the work they perform related to employer-employee relations and the access they have to information related to employer- employee relations. Confidential employees: • may not act as representatives of employee organizations which represent other employees of the city (e.g., may not represent employees in discipline or grievance procedures), • may not provide information related to or participate in labor negotiations on behalf of CCEA, • and may not disclose information obtained in their job duties to bargaining unit members or any employee organization unless required by their job. This article does not otherwise limit the right of confidential employees to be members of and to hold office in CCEA. The following positions are designated as confidential: 1) Human Resources Department: all CCEA-represented positions in this department 2) City Manager’s Office: all CCEA-represented positions in this department 3) City Attorney’s Office: all CCEA-represented positions in this department 4) Finance Department: Administrative Secretary, Accountant and Accounting Technician assigned to payroll responsibilities, Secretary March 7, 2023 Item #3 Page 16 of 397 6 5) Information Technology Department: Business Systems Specialist, Business Intelligence Analyst and any other positions in this department that, due to the work responsibilities, require regular access to and are responsible for supporting applications/databases that contain confidential employee information, including, but not limited to, HCMS, timekeeping, payroll and performance management applications. Positions in this department that may periodically access applications/databases that contain confidential employee information but, for which prior approval from management is required to gain such access, are not considered confidential positions. The city may create new confidential positions. In such cases, the city will notify the Association of the proposed new confidential position and provide the Association with the job specifications of the new position prior to its implementation. Article 11 CCEA Dues The CCEA will provide the city with information regarding the amount of dues deductions and the list of CCEA member employees who have affirmatively consented to or authorized dues deductions. The city shall deduct CCEA membership dues and any other mutually agreed upon payroll deductions, to the extent permitted by law, from the bi-weekly pay of each member employee and remit the deducted dues to the CCEA as soon as possible after the deduction. The city agrees to direct each member employee to CCEA with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law. CCEA is responsible for providing the city with timely information regarding changes to member employees’ dues and any other lawful union-related payroll deduction. 1.0 CCEA’s Certification The city shall make payroll deductions in reliance on the Union’s certification certifying that CCEA has and will maintain an authorization, signed by each member employee who affirmatively consents to pay CCEA membership dues. The CCEA is responsible for providing the city with timely information regarding changes to member employee’s dues and any other lawful union-related payroll deduction. The city shall continue to withhold such deductions and shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by CCEA. The city shall not request CCEA to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization. 2.0 Covered Employees All employees covered by the Memorandum of Understanding between the city and the Association are considered covered employees under this Article. March 7, 2023 Item #3 Page 17 of 397 7 3.0 Priority of Deductions All other legal and required deductions (e.g., payroll taxes, income taxes, health care premiums) have priority over dues deductions. No dues deduction will be made from an employee’s paycheck unless the employee’s earnings are sufficient to cover the dues after all other legal and required deductions are made. 4.0 Indemnification The Association agrees to defend, indemnify and hold the city (including its Water District and their officers, employees, agents, and elected or appointed officials) harmless from and against any and all claims, demands, losses, damages, disputes, fines, penalties, suits, actions, causes of action, judgments, obligations, liabilities, costs and expenses (including, but not limited to, reasonable attorney’s fees and court costs), or other actions arising out of or relating to Article 11, including but not limited to, any claims made by any member employees for the membership dues deductions the city made in reliance on the CCEA’s certification, and any claims made by any member employees for any deduction cancellation or modification the city made in reliance on the information provided by the CCEA. In the event any such action or proceeding is brought against the city by reason of any such claim, the CCEA, covenants to defend such action or proceeding by counsel reasonably satisfactory to the city. Further, the CCEA agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the CCEA’s actions or inactions under Article 11. Article 12 Compensation Adjustments Effective the first pay period in calendar year 2023, the CCEA salary ranges shall be converted to six salary steps as shown in the Carlsbad City Employees’ Association Salary Schedule. All CCEA employees shall be placed onto the nearest salary step equal to or greater than their current base pay rate. If eligible, an employee will receive a step increase on their anniversary date starting with the first pay period in calendar year 2023. Subsequent step increases will be governed by Section 4 of the City of Carlsbad Personnel Rules and Regulations re: advancements within a pay range. Effective the first full pay period following City Council ratification of this MOU, all CCEA employees who are on step 6 shall receive a one-time non-pensionable cash stipend equal to $3,400. Effective January 1, 2024, the city shall create a new salary step 7 that is four percent higher than step 6 and step 1 will be eliminated (see the Carlsbad City Employees’ Association Salary Schedule). Effective January 1, 2025, the city shall implement an across-the-board base salary increase for each represented classification of three percent. The city will continue its practice of periodically reviewing classification specifications and salaries. March 7, 2023 Item #3 Page 18 of 397 8 Article 13 Distribution of Paychecks CCEA employees are not required to receive payroll funds through electronic deposit. Employees who provide written authorization for such electronic deposit, shall receive a Statement of Earnings (pay stub) through an electronic pay system. The electronic pay system will permit employees to view/print current and previous bi-weekly pay stubs. The Employer will provide training for all employees, as necessary in the use of the electronic pay system. For those employees who do not provide written authorization for an electronic deposit of their payroll, their payroll funds will be deposited in the U.S. mail with postage fully prepaid on the Friday following the electronic pay date or as soon as administratively possible if there is not an Accounts Payable check run that Friday. Payroll will be mailed to the last known address on file with the Human Resources Department. It shall be the responsibility of the employee to update their address of record with the Human Resources Department as required. The city shall make every reasonable effort to resolve payroll errors during the next pay period, and to provide additional sums (when warranted) with the following payroll. The city agrees to meet with the CCEA at mutually acceptable times and places to review payroll related problems affecting more than one bargaining unit member. Article 14 Overtime 1. Overtime Any employee required to perform in excess of 40 hours in a seven-day cycle and/or in excess of an employee’s scheduled work day shall receive compensation at the rate of time and one-half the employee’s regular rate of pay, except as outlined in Section 2 below. The regular rate of pay shall be calculated in conformance with the FLSA. In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. 2. Request for Temporary Shift Adjustment (Flex Time) An employee may request that the employee’s normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee’s FLSA work week and same pay period without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate. The FLSA work week for employees on a 9/80 schedule begins four hours after the regularly scheduled starting time for their Friday March 7, 2023 Item #3 Page 19 of 397 9 shift and ends 168 hours later (at four hours after the regularly scheduled starting time for their Friday shift). For all others the work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m. 3. Call Back Pay Call back duty occurs when an employee is requested and accepts the request to return to duty on a non-regularly scheduled work shift. Call back does not occur and regular overtime rules and pay apply (e.g., no minimum) when an employee is held over from the employee’s prior shift or is working prior to the employee’s regularly scheduled shift or if the assignment has been scheduled in advance and the employee is provided with at least 24 hours notice of said assignment. Coming Back To Work If the employee has to come to work to resolve the problem, (i.e., the work is not completed remotely via phone/computer) the employee called back to duty shall be credited with a minimum of two hours work commencing at the time the employee begins their commute to work. The employee shall be paid for travel time to and from the call back assignment up to a maximum total travel time (to and from) of three hours. Travel time is included as part of the call back minimum compensation. Mileage reimbursement for expenses to the work site will not be compensated. Some example scenarios are shown below. Example 1 Time spent commuting to work is two hours Time spent at work is one hour Time spent commuting back home is two hours Total paid time for this scenario would be four hours (maximum three hours for commute/travel time plus one hour at work). Example 2 Time spent commuting to work is 15 minutes Time spent at work is 30 minutes Time spent commuting back home is 15 minutes Total paid time for this scenario would be two hours (the minimum call back pay). Example 3 Time spent commuting to work is one hour Time spent at work is one hour Time spent commuting back home is one hour Total paid time for this scenario would be three hours. Performing the Work Remotely If the work is performed remotely via phone/computer the employee shall be credited for a minimum of 30 minutes work commencing at the time the employee begins the callback work. If an employee receives multiple calls/messages and completes the work March 7, 2023 Item #3 Page 20 of 397 10 related to all of those calls/messages remotely and via phone/computer within the same 30 minute period, the employee shall be credited for a minimum of 30 minutes work. 4. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect, subject to department approval, to receive compensatory time off. The employee will be paid out the overtime premium at the regular rate of pay when compensation time is earned. No employee shall accrue more than 80 hours of such compensatory time. When an employee has accumulated the maximum number of hours of compensatory time off the employee shall receive all overtime compensation in cash. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. Effective January 1, 2020, all accrued and unused compensatory time during the calendar year will be cashed out on the last pay date of the calendar year. No compensatory time may be accrued beginning on the last pay period of the calendar year through the end of the calendar year. At any time an employee may elect to “cash out” any portion of the employee’s accrued compensatory time balance at the employee’s base rate of pay by requesting this “cash out” on the employee’s time card. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance. 5. Overtime Authorization All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. 6. Clothes Changing Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for employee’s own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at the employee’s own discretion. Nothing herein prevents an employee from wearing the employee’s uniform to and/or from the employee’s residence and work. Nothing herein prevents an employee from wearing the employee’s uniform while conducting personal business during lunch time. Time spent in changing clothes before or after a shift, is not considered hours worked and is not compensable in any manner whatsoever. March 7, 2023 Item #3 Page 21 of 397 11 7. Training Time Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq. Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq. When feasible, the Department will adjust the employee’s work schedule to minimize the impact of travel and training time. Travel time to and from local work-related training either before, during or after regularly scheduled work hours shall be compensated for all CCEA employees regardless of whether the employee is a driver or passenger. For the purposes of this section, “local” refers to work related training taking place in San Diego, Imperial, Orange, Riverside, San Bernardino and Los Angeles Counties. 8. City Vehicle Use Employees who are provided with a city vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the city vehicle. Refer to Administrative Order No. 3 for more information regarding use of city vehicles. This provision also applies in those situations where the radio must be left on and monitored. 9. Court Pay When an employee is physically called to court for city-related business, while off duty, the employee shall be credited on an hour for hour basis for the time actually spent in court. An employee shall be credited with a minimum of two hours for the court appearance. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. 10. Standby Pay “Standby assignment” requires an employee to: a. Review and confirm receipt of the standby assignment schedule within the deadlines established by the applicable department; b. Carry a cellular phone during standby assignment; c. Respond to a call/message promptly without delay. If an employee has arranged for another employee to respond, the employee must notify the supervisor, the department, and dispatch of the name of the substitute employee who will respond. Callback shall be handled in accordance with each department’s standby/callback policy; March 7, 2023 Item #3 Page 22 of 397 12 d. Each department’s standby/callback policy shall be developed and submitted to Association representatives for meeting and conferring. In addition, the city shall provide training for the supervisors and managers responsible for administering departmental standby/callback policies and shall also provide orientation for all employees subject to the standby/callback policies; e. Abide by the city’s Alcohol and Drug Policy as specified in Article 40 of this agreement during standby assignment; and abide by the rules and regulations set forth by the Department of Transportation (DOT); f. Wear appropriate clothing, safety equipment, and any other form of city identification as defined by the department when making a callback response from standby assignment; g. Accept $35.00 per day for each day on standby assignment. h. Acknowledge and agree that time on standby assignment is not considered to be compensable work time for purposes of the Fair Labor Standards Act (FLSA); provided, however, (1) individuals have not waived any rights they may have outside of this contract under the FLSA; and (2) neither the fact of these negotiations nor the changes negotiated in this agreement shall be used by either party or by any individual to the prejudice of the other party in any grievance or complaint outstanding as of the time of this agreement. i. The Information Technology Department will implement standby duty upon ratification of this MOU and in accordance with the Information Technology Department Standby Policy dated February 23, 2018. Article 15 Working Out of Classification and Temporary Upgrade Pay Whenever the needs of the city require an employee to temporarily perform the duties of a job classification that has a higher pay range than the pay range associated with their current job classification for a period of more than 21 calendar days, the employee shall be designated as being in an out-of-class assignment and shall receive additional temporary upgrade pay while in the out-of-class assignment. In such cases, the employee shall be paid at an appropriate level which will assure an increase of not less than five percent greater than the employee’s current base salary. Subsequent to designation in an out-of-class assignment, in the event that the situation changes and the city does not need the employee to serve in an out-of-class assignment for at least 21 consecutive calendar days, the employee shall receive the temporary upgrade pay for that period of time the out-of-class assignment lasts. In the event that at the beginning of an out-of-class assignment, it is not perceived that the assignment will last at least 21 consecutive calendar days, and the assignment nonetheless extends beyond 21 consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the March 7, 2023 Item #3 Page 23 of 397 13 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 the employee shall receive not less than two and one half percent temporary upgrade pay. The temporary upgrade pay shall commence on the first calendar day of the temporary out-of- class assignment. The recommendation that an employee be placed in an out-of-class assignment shall be put in writing by the affected Department Head and submitted to the Human Resources Director for approval. If an employee is serving in an out-of-class assignment for a vacant position, the employee shall not serve more than 960 total hours, including leave and overtime hours, in a fiscal year. All other employees in out-of-class assignments shall not serve for more than 180 calendar days unless approved by the City Manager or designee. Temporary upgrade pay shall be reported to the Public Employees’ Retirement System in accordance with applicable regulations. If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the city) for more than 21 calendar days, the temporary upgrade pay associated with their out of class assignment shall cease on the 22nd day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the out of class assignment, the temporary upgrade pay will resume as of the day the employee returns to work. A person appointed in an out-of-class assignment shall be eligible to receive merit increases in the employee’s regular position during the out-of-class assignment. The Human Resources Director shall obtain the employee’s consent for the temporary performance of any of the duties of the higher classification beyond a period of 21 calendar days, prior to the employee’s assuming or continuing the duties and additional compensation, which consent shall clearly state that it is understood that a reduction in salary shall be effected to the employee’s original salary rate upon the expiration of the need for the performance of the duties of the higher classification. The Association may present to the Human Resources Director specific facts which support that an employee is performing the duties of a higher classification. The Human Resources Department will conduct a study and provide the Association with the findings of the classification study. Should the study determine the duties to be of a higher, lower or comparable existing classification, a proposed solution to the situation will be offered. The proposed solution may include, among other alternatives, that the work be managed in an alternative manner or that the position be reclassified to reflect the work being performed. The reclassification of a position will be approved in accordance with the personnel rules. Article 16 Injured on Duty Occupational Sick Leave is leave with pay that is granted to employees who have sustained a work related injury or illness and are temporarily disabled from work. Any general employee that sustains a work-related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period of up to 45 calendar days for any single incident. The March 7, 2023 Item #3 Page 24 of 397 14 periods of temporary disability need not be continuous. Any aggravation of a pre-existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the employee will not be entitled to any occupational sick leave benefit which exceeds the original maximum of 45 calendar days. The city reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures and standards (including pre-designated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers’ compensation matters and/or FMLA/CFRA matters. An employee who is still temporarily disabled after the 45 calendar days have been exhausted will be paid at the rate established by the California Labor Code for such disabilities. However, the city shall supplement the State rate, up to the employee’s full salary level, by utilizing any vacation, sick, or compensatory leave that the employee has accrued. Once the employee’s accrued leave has been exhausted, the employee will be compensated at the State rate for the balance of the temporary disability period. Wages alone will be the basis of computation for occupational sick leave. Article 17 Bilingual Pay The city will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $50.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the city. In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as determined by the city in the foreign language or American Sign Language (ASL). In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU. This Article shall not be subject to the grievance procedure. Article 18 Uniforms and Equipment A. The city shall continue to provide and maintain uniforms in the maintenance departments. B. Employees shall be responsible for proper care and maintenance of uniforms. C. Except for reasonable travel time to and from work, uniforms shall not be worn outside the context of performing maintenance functions while on duty or as otherwise acting as an agent of the city. D. The city shall determine the CCEA classifications which require employees to wear safety footwear. The city shall establish, subject to consultation with the affected employees, a voucher system for the employees to acquire safety footwear and insoles. March 7, 2023 Item #3 Page 25 of 397 15 Acquisitions of safety footwear or insoles made outside the voucher system must be pre-approved by the acquiring employee’s department. Reimbursement for the acquisition of safety footwear and insoles shall be limited to a maximum of $450 per fiscal year. All reimbursement requests must be approved by the acquiring employee’s department. E. The city will reimburse any employee who is required to wear safety glasses and/or goggles up to $175 in a calendar year for the cost of prescription lenses for such glasses and/or goggles, subject to the following conditions: 1. The employee must present an appropriate receipt; 2. Reimbursement is for lenses only and not for eye examination, treatment or visits to an optometrist or optician; 3. The city will provide reimbursement only for glasses and/or goggles if the prescription has changed or if glasses and/or goggles have been damaged; and 4. Glasses and/or goggles for which the city has provided reimbursement shall only be used while performing work for the city. F. Value of Uniforms reported to CalPERS The city shall report the biweekly amount of $1.92 as special compensation related to the monetary value of the required uniforms for employees in the following positions: 1. Building Maintenance Worker I/II 2. Cross Connection Control Technician 3. Custodian /Custodian II 4. Environmental Specialist I/II 5. Equipment Service Worker 6. Equipment Technician I/II 7. Lead Equipment Technician 8. Maintenance Aide in the Parks Division 9. Maintenance Worker in Parks and Streets Departments 10. Meter Services Worker I/II/III 11. Park Maintenance Specialist 12. Park Maintenance Worker II/III 13. Sanitation Systems Operator I/II/III 14. Scada Technician 15. Senior Building Maintenance Worker 16. Senior Cross Connection Control Technician 17. Senior Environmental Specialist 18. Storm Drain Maintenance Worker 19. Street Maintenance Worker I/II/III 20. Tree Trimmer I/II 21. Tree Trimmer Leadworker March 7, 2023 Item #3 Page 26 of 397 16 22. Utility Worker I/II/III 23. Warehouse Technician 24. Water Conservation Specialist 25. Water Systems Operator I/II/III Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members. Article 19 Tool Reimbursement This article applies only to eligible employees in the following job classifications who furnish their own tools as a condition of employment: Lead Equipment Technician, Equipment Technicians and Equipment Service Workers. Employees in the job classifications mentioned are required to provide their own tools on the job as a condition of employment. The employees are further eligible to receive a cash tool reimbursement provided that the conditions for receiving the reimbursement are met. Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of the city facility or some other catastrophe or accident not due to the employee’s negligence or fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all the tools in the employee’s possession at work, including those tools over and above the “essential tool list,” must be on file with the Superintendent. The city has the right to request that a specialized tool(s) not be kept in the employee’s inventory. The city will reimburse the employees in the above classifications up to $1,000 in a fiscal year for the cost of tools, subject to the following conditions: 1) The employee must present an appropriate original receipt; 2) Such reimbursement will be paid only once during the fiscal year, by September 30, and cannot be accumulated from year to year. Those expenses not documented by an original receipt, up to the $1,000 maximum, will be incorporated into the employee’s regular payroll check and treated as taxable income. It is the responsibility of the Management to direct the administration of the tool reimbursement and: A. Provide a list of “essential tools” which define the full inventory of tools required for employees to be eligible for tool reimbursement. B. Recommend revisions to the “essential tools” and to meet the requirements of current skilled trades technology. C. Informally agree with members of the shop when considering adding tools to the “essential tool list.” March 7, 2023 Item #3 Page 27 of 397 17 Employees receiving a tool reimbursement shall allow inspection of personal tool box by supervisor to verify outfitting of tools. The eligible employee during each work shift must have all the tools listed as “essential tools.” Failure to keep said tools on site will result in the tool reimbursement being withheld from the individual until such time as the employee comes into possession of all “essential tools.” The appropriate supervisor during the month of August will: A. Review the personal tool inventory as meeting the requirements of “essential tools.” B. Provide a recommendation to the Superintendent of an alternate tool as a substitute for the tool listed on the “essential tools” list on an item-by-item basis. In September of each year, the Superintendent shall prepare the necessary payable documents to provide for payment of the tool reimbursement to eligible employees. Article 20 Vacation Every probationary and regular full-time employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15-minute increments. A. Basis of Accrual Accrual of vacation begins with the first working day following appointment and thereafter accrues on a daily basis. The following shall be the annual vacation leave schedule: • Beginning with the first working day through the completion of five full calendar years of continuous service – 13 minutes/day. • Beginning the sixth year of employment through the completion of 10 full calendar years of continuous service – 20 minutes/day. • Beginning the 11th year of employment through the completion of 11 full calendar years of continuous service – 21 minutes/day. • Beginning the 12th year of employment through the completion of 12 full calendar years of continuous service – 22 minutes/day. • Beginning the 13th year of employment through the completion of 13 full calendar years of continuous service – 24 minutes/day. • Beginning the 14th year of employment through the completion of 15 full calendar years of continuous service – 25 minutes/day. March 7, 2023 Item #3 Page 28 of 397 18 • Beginning the 16th year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter. B. Vacation Accrual Maximum All employees shall be entitled to earn and accrue up to and including 320 hours of vacation, and no employee will be allowed to earn and accrue vacation hours in excess of the 320 hour maximum. Effective the first day of the first full pay period following City Council approval of this MOU, the vacation accrual maximum shall be increased to 400 hours. Department Heads shall encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, the employee must submit a request in writing to the Department Head and the City Manager. The Department Head and the City Manager may grant such request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. C. Vacation Conversion 1. Employees are eligible to submit an irrevocable request to elect to cash out up to 80 hours of accrued vacation hours for the following calendar year. 2. All employees wishing to convert accrued vacation to cash in the year following the election will complete a form between November 10 and December 10 of each year. Elections will not carry over from one calendar year to the next calendar year. 3. Only vacation hours accrued during the calendar year following the election may be cashed out. Employees accruing less than the election amount may cash out no more than their total vacation accrual in the following calendar year. 4. The employee’s accrued vacation to convert to cash will be credited first to the cash out account with the employee’s earned vacation leave until the employee’s full election amount is reached. The vacation hours designated to the cash out account will not be credited toward the employee’s maximum vacation accrual. During this period of time, no earned vacation leave will be credited to the employee’s vacation time off balance. 5. Payment of vacation hours elected for cash out will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case payment of the elected vacation hours will be cashed out in July. 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. March 7, 2023 Item #3 Page 29 of 397 19 6. The vacation payment amount will be based on the employee’s rate of pay at the time of the payout. The vacation payment amount is taxable income, subject to all applicable withholding amounts and payroll deductions. 7. An employee who does not elect to cash out vacation by December 10 waives their right to do so and will not be allowed to cash out any vacation accruing in the following year. D. Effects of Holiday on Vacation Leave In the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday. E. Effect of Leave of Absence on Accrual of Vacation Leave Refer to Article 25.3 for the effect of a leave of absence on vacation accrual. F. Compensation for City Work During Vacation Prohibited No person shall be permitted to work for compensation for the city in any capacity, except compensation for mandated court appearances, during the time of the employee’s paid vacation leave from city service. This clause shall not limit the city’s right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status. G. Scheduling Vacations An employee may take annual vacation leave at any time during the year, contingent upon determination by the employee’s Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall normally provide one week notice in advance of the day(s) the employee is requesting vacation time off. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. H. Vacation Payout An employee separating from the city service who has a balance of unused accrued vacation leave shall be entitled to be paid for the remainder of their unused accrued vacation leave as of their last day on payroll. When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided in the Probate Code of the State. Article 21 Holidays A. Authorized Holidays The city shall observe 11 scheduled paid holidays. The scheduled paid holidays that will be official city holidays shall be as follows: March 7, 2023 Item #3 Page 30 of 397 20 New Year’s Day 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 Only those who are on employed status on their last scheduled workday before a holiday shall be entitled to the paid holiday except where otherwise required by law. All CCEA employees will receive two floating holidays per fiscal year, each year on July 1st. The floating holiday may be used at the discretion of the employee with prior approval of the Department Head. The floating holiday must be taken as a full day off. There is no partial day use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift on that day. Unused floating holidays will not carry over to the next fiscal year and will not paid out upon separation of employment. B. Procedure if Holiday Falls on Saturday or Sunday When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. The city shall annually develop and publish a holiday schedule which will identify the specific days on which the above holidays will be observed as official city holidays. C. When a Holiday Falls on a Regularly Scheduled Work Shift When a holiday falls on an employee’s regularly scheduled work shift, the employee is entitled to be absent that day and receive holiday pay at straight time equal to the number of hours in the employee’s regular work shift. If the employee’s supervisor requests that the employee work on that holiday, the employee may, with the supervisor’s approval, choose one of the following two options. Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift. This does not result in any overtime pay or additional pay. In this case, the city published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on the holiday plus the holiday pay at straight time equal to the number of hours in the employee’s regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. March 7, 2023 Item #3 Page 31 of 397 21 D. When a Holiday Falls on an Employee’s Regular Day Off When a holiday occurs on a day which is the employee’s regular day off, the employee is entitled to be absent on their next regularly scheduled work shift immediately following the holiday (i.e., their next regularly scheduled work shift becomes their designated holiday). If the employee’s supervisor requests that the employee work on their designated holiday (i.e., the next regularly scheduled work shift immediately following the city’s published holiday), the employee may, with the supervisor’s approval, choose one of the following two options. Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift. This does not result in any overtime pay or additional pay. In this case, the city published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on their designated holiday plus the holiday pay at straight time equal to the number of hours in the employee’s regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. E. Employees on Leave Refer to Article 20 and Article 22 for information regarding the impact of holidays on vacation and sick leave. Article 22 Sick Leave Sick leave can be used in 15-minute increments. A. Accrual and Usage Every probationary and regular full-time employee shall accrue 16 minutes sick leave with pay for each calendar day of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Such accruals shall be cumulative. An employee shall not receive payment for unused sick leave accumulated to the employee’s credit upon termination, whether voluntary or involuntary. 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 employee or an employee’s family member (e.g., to recuperate from or receive March 7, 2023 Item #3 Page 32 of 397 22 treatment for personal injuries or illnesses, to care for an injured or ill family member or to attend medical, dental or optometry appointments). 2. If the employee 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), domestic violence services, or medical or mental health treatment. Employees shall be required to account for all hours they are requesting as sick leave via the city’s timekeeping/scheduling system. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws. If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated. Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when the Department Head determines that the employee has abused such privileges. B. Effect of Leave of Absence Refer to Article 25.3 for the effect of a leave of absence on sick leave accrual. C. Blood Donations Employees making a donation of blood without charge will be given reasonable time off for that purpose. No charge will be made against accrued leave when such absence is approved in advance by the supervisor. D. Effect of Holidays on Sick Leave In the event one or more authorized municipal holidays fall within a sick leave, such holiday shall not be charged as sick leave, but shall be credited as a holiday. March 7, 2023 Item #3 Page 33 of 397 23 E. Sick Leave Conversion Any permanent employee who has accrued and maintains a minimum of 100 hours of sick leave shall be permitted to convert up to 12 days of accumulated uncompensated sick leave to vacation at a ratio of three sick leave days per one day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. 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 25 days of accrued sick leave to one month of extended service. Article 23 Bereavement Leave A. An employee shall be granted, upon written request, up to three work shifts of paid bereavement leave if required to be absent from duty due to the death of a member of the employee’s immediate family. Effective Jan. 1, 2023, an additional two days may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. Additional time off may be authorized by the Department Head and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. The “immediate family” shall be defined in the personnel rules and regulations. B. The employee may be required to submit proof of relative’s death before final approval of bereavement leave is granted. Article 24 Family and Medical Leave Acts The parties acknowledge the applicability of the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and the city intends to apply and implement this Memorandum of Understanding so as to comply with these laws. The parties agree to consult if compliance with these laws requires modifying the provisions of this Memorandum of Understanding. Article 25 Leave of Absence To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the CFRA or FMLA. 1. Leave of Absence Without Pay A. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of the employee’s Department Head for less than two calendar weeks. If March 7, 2023 Item #3 Page 34 of 397 24 the duration of the leave of absence will be longer, the approval of the City Manager or designee is required. An employee shall utilize all the employee’s vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons: 1. Illness or disability. 2. To take a course of study which will increase the employee’s usefulness on return to the employee’s 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 the employee’s Department Head, and, if 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. 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 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, the employee shall contact the employee’s Department Head at least 14 calendar days prior to the day the employee 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. March 7, 2023 Item #3 Page 35 of 397 25 E. Leave Without Pay - Insurance Payments and Privileges An employee on leave without pay may continue the employee’s city insurance benefits by reimbursing the city for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was received. Upon the employee’s return to paid status, any sums due to the city shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the city and the employee (e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees (e.g., holiday pay), unless required by law. 2. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued leave and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except sick 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. 3. Extended Leave of Absence Upon completion of 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) an employee will not be eligible for accrual of sick leave and vacation. 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. March 7, 2023 Item #3 Page 36 of 397 26 During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence. Exception for a Probationary Newly Hired Employee When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends beyond 14 consecutive calendar days the probationary period shall be extended for each calendar day the employee was on a leave of absence. Other than this exception, all other provisions in this Extended Leave of Absence section apply to a probationary newly hired employee. Article 26 Military Leave Military leave shall be authorized in accordance with the provisions of State and Federal law. The employee must furnish satisfactory proof to the employee’s Department Head, as far in advance as possible, that the employee must report to military duty. Article 27 Jury Duty When called to jury duty, an employee, having provided at least seven calendar days written notice, shall be entitled to the employee’s regular compensation. If an employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court. Employees shall be entitled to keep mileage reimbursement and/or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the workday. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the workday remains in light of travel time to the job site after release. Article 28 Rest Periods All CCEA represented employees shall receive, at the direction of the respective department, two 15-minute rest periods, one each approximately at the mid-point of each one-half shift. Employees working in the field shall take, at the direction of the department, rest periods at or nearby the work site or return to their department for rest. Rest time is not cumulative beyond the half-scheduled workday within which the break period occurs. Article 29 Late Starts An employee who is tardy to work shall be formally counseled by the employee’s supervisor. Tardiness may cause the employee’s pay to be docked. Such docking shall be done by rounding to the nearest quarter hour. An employee may not substitute accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break period or lunch period. March 7, 2023 Item #3 Page 37 of 397 27 Article 30 Flexible Classifications An employee hired into one of the listed entry level positions shall be reclassified to the journey level position following 12 months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the city. Any city-established requirements must be identified in the classification description. The employee shall be placed at the nearest step of the journey level salary range which represents a minimum five percent salary increase. Entry Level Position Journey Level Position Account Clerk I Account Clerk II Technician I Building Technician II Engineering Technician I Engineering Technician II Library Assistant I Library Assistant II Maintenance Worker I Park Maintenance Worker II Maintenance Worker I Street Maintenance Worker II Meter Services Worker I Meter Services Worker II Office Specialist I Office Specialist II Planning Technician I Planning Technician II Police Records Specialist I Police Records Specialist II Tree Trimmer I Tree Trimmer II An employee hired into one of the entry level positions listed below shall be reclassified to the journey level position following 24 months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the city. Any city-established requirements must be identified in the classification description. The employee shall be placed at the nearest step of the journey level salary range which represents a minimum five percent salary increase. Entry Level Position Journey Level Position Building Inspector I Building Inspector II Code Enforcement Officer I Code Enforcement Officer II Equipment Technician I Equipment Technician II Parks Inspector I Parks Inspector II Recreation Supervisor I Recreation Supervisor II Sanitation Systems Operator I Sanitation Systems Operator II Utility Worker I Utility Worker II Waste Water Utility Worker I Waste Water Utility Worker II Water Systems Operator I Water Systems Operator II Article 31 Flexible Start Hours CCEA represented employees, with advance Department Head approval, may alter their starting time per shift between the hours of 6:00 a.m. and 9:00 a.m. The Department Head may revoke the flexible start time at any time and return the employee to regular working hours for that particular department. An employee shall receive 14 calendar days’ notice, unless extenuating circumstances preclude such a notice, prior to revocation of flexible start hours. This article is not subject to the grievance procedure. March 7, 2023 Item #3 Page 38 of 397 28 Article 32 Alternative Work Schedules and Shift Changes Employees hired on or after December 23, 1991 shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. The hours of work of the office or facility shall be established by the appointing authority and may be changed to meet operational or other requirements upon at least 45 calendar days’ notice to the affected employees unless there is a mutually agreed upon shorter notice period. The city shall notify the Association and any affected employees of any proposed schedule change at least 45 calendar days prior to its implementation to allow the parties to meet and discuss on the impact of said schedule change, if requested by the Association. If the Association desires to meet and discuss impacts, the Association shall give written notice to the city’s Human Resources Department within seven calendar days of receipt of the notice of the proposed schedule change. The Association agrees that these discussions are not meet and confer, nor subject to all the requirements of meet and confer (for example, the city need not negotiate to impasse and need not exhaust impasse procedures prior to implementing a schedule change). The impacted employee shall have the opportunity to propose an alternate work schedule. The city shall have complete discretion in determining whether or not to allow an alternate work schedule and the city’s decision and the impact of its decision shall be excluded from the grievance procedure. 9/80 Alternative Work Schedule: The parties acknowledge that they met and conferred in good faith over the terms and conditions for implementation of a 9/80 work schedule. The result of that meeting and conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by which the parties will control implementation of the 9/80 schedule. This article shall not be subject to the grievance procedure. Article 33 Flexible Job Sharing Two or more employees may, with the express written approval of the City Manager, the Human Resources Director, and the affected Department Head, participate in a flexible job sharing program. The specifics of such a program shall be determined by the employees and the city on a case by case basis. Prior to implementation of any such program(s), a written agreement setting forth the specifics of the program shall be signed by the affected employees and the city. This article shall not be subject to the grievance procedure. Article 34 Health Insurance/Flexible Benefits Program Employees represented by CCEA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, accidental death and dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below. March 7, 2023 Item #3 Page 39 of 397 29 A. Medical Insurance A1. Employees represented by CCEA will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of all employees covered by this agreement and eligible dependents and those retirees designated in Section C of this Article, the minimum amount per month required under California Government Code Section 22892 for medical insurance through the CalPERS. If electing to enroll for medical benefits, an employee must select one medical plan from the variety of medical plans offered through CalPERS. The city will contribute monthly amounts (called Benefits Credits) on behalf of each active CCEA employee and eligible dependents toward the payment of 1) medical premiums under the CalPERS Health Program, 2) contribution of some or all of the premium for dental coverage or vision coverage and 3) contributions in the name of the employee to the city’s flexible spending account(s). A2. Effective the pay period that includes January 1, 2023, January 1, 2024, and January 1, 2025 the city monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. Effective the pay period that includes December 31, 2025, the city monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1, 2026. A3. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. If the amount contributed by the city (Benefits Credits) exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase dental, vision, or accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA), instead of receiving taxable cash. A4. All active CCEA-represented employees who work three quarter-time or less will receive prorated Benefits Credits. B. Dental Insurance Represented employees will be eligible to enroll in or waive enrollment in a city-sponsored dental plan at any coverage level. C. Vision Insurance Represented employees will be eligible to enroll in or waive enrollment in a city-sponsored vision insurance plan at any coverage level. March 7, 2023 Item #3 Page 40 of 397 30 D. Retirees Each retired employee who was a member of this bargaining unit is eligible to be covered by the PEMHCA and is eligible to participate in the CalPERS Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that 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. 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 the retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. E. Waiver Provision CCEA represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the city’s medical insurance program, provided they can show proof of alternative minimum essential coverage as defined by the Affordable Care Act. Effective the pay period that includes December 31, 2022, for those employees who are covered under another employer sponsored group insurance program, the Benefits Credits associated with waiving medical coverage will be set equal to $400 per month. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income and included in the calculation of the regular rate of pay under the FLSA. . Article 35 Short Term Disability Insurance Effective January 1, 2020, the city will provide 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 employee’s pre-disability base salary, up to a maximum base salary of $200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. Employees shall combine accrued paid time off with short-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the short-term disability payments. March 7, 2023 Item #3 Page 41 of 397 31 Article 36 Long Term Disability Insurance (LTD) The city will provide city-paid long-term disability insurance. This insurance shall provide for a 90 calendar day waiting period prior to payment eligibility. The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. Employees shall combine accrued paid time off with LTD payments for the purpose of achieving the equivalent of their base salary. Effective January 1, 2020, long-term disability benefits shall be provided at 66 2/3% of the employee’s pre-disability base salary, up to a maximum base salary of $150,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. Article 37 Retirement A. The city has contracted with CalPERS for the following retirement benefits: Miscellaneous “Classic” Members (those that do not qualify as “New Members” as defined below) • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 – The retirement formula shall be 3% @ 60; single highest year final compensation. • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 – The retirement formula shall be 2% @ 60; three-year average final compensation. “New Members” Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 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 six months or more) will be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits. • Retirement formula shall be 2% @ 62; three-year average final compensation. B. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of Section 414(h)(2) of the Internal Revenue Code. 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%). March 7, 2023 Item #3 Page 42 of 397 32 • Miscellaneous employees who meet the definition of “New Member” under PEPRA shall pay one half of the normal cost rate associated with their benefit plan. C. The city will continue to contract with CalPERS for the third level of 1959 Survivors’ Benefit. D. The city shall continue to contract with CalPERS for the military service credit option. The cost of this option is borne entirely by the employee. Payments by the employee to CalPERS are to be arranged by the employee directly with CalPERS. Once such a payment schedule has been approved by CalPERS, the employee may arrange with the city for such payments to be made by means of payroll deduction Article 38 Deferred Compensation The city shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The city reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the city. It is acknowledged that the city will assist in the administrative set-up of this benefit but that the city has no liability if an employee should default on the repayment of a deferred compensation loan. Article 39 Dispute Resolution Procedure The purpose of this procedure is to provide a single, uniform process for CCEA represented employees to resolve disputes concerning grievances and discipline in an efficient manner and without subsequent discrimination or reprisals. Any time limit provided under this Article may be extended by mutual consent of the parties. 1. Applicability of This Article Grievances and group grievances, as defined in Part 2 of this Article, may be appealed under Parts 2 and 4 of this Article. The following types of discipline may be appealed under Parts 3 and 4 of this Article: suspension of more than one work shift, reduction in pay of more than one work shift, demotion and termination. Any regular CCEA represented employee may appeal a letter of reprimand, suspension of one work shift or less or reduction of pay of one work shift or less to his or her Department Head for a final decision. 2. Grievances A. Individual Grievances A “grievance” is a formal, written allegation by a grievant that the grievant has been adversely affected by an existing violation, misinterpretation or misapplication of the March 7, 2023 Item #3 Page 43 of 397 33 specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The city’s exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the city, such as: (1) Appeals from formal disciplinary proceeding. (2) Appeals from work performance evaluations. B. Group Grievances Within 30 calendar days after authorized representatives of the employee organization knew or by reasonable diligence should have known of a condition giving rise to a grievance, a group of employees may file a group grievance with the Human Resources Department. CCEA, as an “organization,” may also file a group grievance on behalf of employees if CCEA 1) identifies the employees who are adversely impacted by name and by classification, and 2) specifically identifies how these employees are being adversely affected. (1) The group of employees must file one grievance form which all members of the group have read and signed. Members of the group will be limited to those who have read and signed the initial grievance form. (2) Group grievances shall proceed through all normal grievance processes and be subject to all applicable time limitations as set forth herein. (3) The resolution of a group grievance may not be consistent among employees who filed, read and signed the group grievance due to differences in the circumstances or occurrences that brought about the grievance. C. Informal Resolution Within 20 calendar days after an employee knew or reasonably should have known that he or she has suffered a grievable injury, the employee shall attempt to resolve the grievance by an informal conference with his or her immediate supervisor. Within 20 calendar days after an employee organization knew or reasonably should have known that its members have suffered a grievable injury, it shall attempt to resolve the matter by an informal conference with an appropriate immediate supervisor. The Supervisor shall meet with the employee(s) or organization within 10 calendar days of receiving the request for the meeting. The immediate supervisor shall give his or her response to the employee or employee organization within 20 calendar days of the informal conference. March 7, 2023 Item #3 Page 44 of 397 34 D. Department Head Review If a grievance is not informally resolved, within 20 calendar days after receiving the immediate supervisor’s response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the Department Head. The Department Head shall meet with the employee(s) or organization within 10 calendar days of receiving the request for the meeting. The Department Head, or designee, shall give his or her response to the employee or employee organization in writing within 20 calendar days of the meeting. E. City Manager Designee’s Review If a grievance is not resolved by the Department Head, within 20 calendar days after receiving the Department Head’s response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the City Manager’s Designee. The City Manager’s designee shall meet with the employee(s) or organization within 10 calendar days of receiving the request for the meeting. The City Manager’s Designee shall give his or her response to the employee or employee organization in writing within 20 calendar days of the meeting. F. Permissible Relief A grievance may only seek to remedy the specific injury caused by a violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The city’s exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the city, such as: (1) If it would require the modification of a policy established by the City Council or by law; (2) If it is reviewable under some other administrative procedure and/or rules of the city such as: appeals from formal disciplinary proceedings, appeals from work performance evaluations, etc. (3) If it calls exclusively for relief that cannot be granted such as discipline of other employees or confidential information about other employees. G. Service of Notice A notice that a grievance has been resolved or a notice that a grievance raises a matter that may not be addressed utilizing this procedure shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the March 7, 2023 Item #3 Page 45 of 397 35 notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. H. Resolved Disputes A grievance is considered resolved under any of the following circumstances: (1) When the city and employee agree to a resolution; (2) When the employee fails to advance the matter to the next step of the administrative procedure in the time specified herein for doing so; (3) When the city has provided the relief sought by the employee that it is legally capable of providing. A grievance that has been resolved does not progress any further through the dispute resolution process. 3. Discipline A. Grounds For Discipline The city has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee’s prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, disclosure of non-public, internal and/or confidential, information or dishonesty. (3) Being under the influence of alcohol or intoxicating drugs while on duty. (4) Absence without leave. (5) Criminal conviction having some relevance to the job. (6) Intentionally being discourteous to the public. (7) Unauthorized use of or neglect of city property. (8) Abuse of sick leave. (9) Unauthorized outside employment that constitutes a conflict of interest (10) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (11) Falsification of any city report or record. (12) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department manager, or supervisor. (13) Political activities precluded by State or Federal law. (14) Failure to respond to questions or otherwise failure to participate during an investigation conducted by the city or its agents. (15) Other acts that are incompatible with service to the public. March 7, 2023 Item #3 Page 46 of 397 36 B. Pre-Disciplinary Procedure If a supervisor determines that an employee might be a threat to him or herself, other employees or members of the public, the supervisor may immediately take whatever action is necessary to reduce or eliminate the danger, but the employee shall retain the right to notice and an opportunity to respond to discipline under this Article. Except for any oral or written counseling, warning or reprimand, the Department Head or designee shall advise the employee and the Human Resources Director of contemplated disciplinary action in a written Notice of Intended Discipline including a description of the misconduct, the grounds for discipline, and the employee’s right to respond within seven calendar days after the date of the Notice of Intended Discipline and prior to the discipline being imposed. If the employee elects to respond, he or she may have a representative and meet informally with the City Manager’s designee, without the right to bring witnesses or present a formal case. Within seven calendar days of the employee’s response or failure to respond in a timely manner, the City Manager’s designee shall advise the employee in writing whether the proposed discipline, modified discipline or no discipline is being imposed. Any discipline will be announced in a written Notice of Discipline including a description of the misconduct, the grounds for discipline and the right to appeal the discipline using the administrative procedure under Part 4 of this Article. C. Service of Notice A Notice of Intended Discipline or a Notice of Discipline shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. 4. Administrative Procedure An employee may have both a legal representative of his or her choosing and a CCEA representative of his or her choosing at any step of this administrative procedure. This representative may at the employee’s option be provided by an employee organization. If the representative is a city employee, the employee seeking the representative shall notify the representative’s immediate supervisor and the city’s Human Resources Department in writing and the supervisor shall make the necessary arrangements for the representative to be present at any hearing. A. Step One - Filing an Appeal If a grievance is not formally resolved or an employee seeks to appeal a suspension of more than one work shift, reduction in pay of more than one work shift, demotion or termination, within 10 calendar days of receiving the City Manager designee’s response to the grievance or the Notice of Discipline, the employee or employee organization may file with the Human Resources Director an application for an advisory hearing. March 7, 2023 Item #3 Page 47 of 397 37 B. Step Two - Administrative Hearing (1) Hearing Procedure If the matter is subject to an advisory hearing, the city shall arrange if practicable for the matter to be heard by a hearing officer within 120 calendar days of the date of the filing of the appeal with the Human Resources Director. The hearing shall be scheduled for a time that is mutually convenient to the parties and the hearing officer. The advisory hearing shall be closed unless the employee or the employee organization request that it be open to the public. In the case of an appeal of a grievance, the parties shall equally bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. In the case of an appeal of disciplinary action, the city shall bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. The advisory hearing shall be limited to arguments, witness testimony and exhibits offered by the parties. The hearing shall proceed according to an Administrative Order regarding Rules of Procedure for Personnel Meetings and Hearings. Such an Administrative Order will replace Personnel Board Resolution 19 to reflect that the Personnel Board is being replaced by a hearing officer in matters of grievance and discipline. (2) Hearing Officer The employee or employee organization and the city may agree that the advisory hearing will be conducted before a hearing officer mutually selected by the parties from a list of hearing officers provided by a neutral third party. The selection of a hearing officer will include a review of the hearing officer’s background and qualifications which will include experience as a labor attorney and/or mediator and/or arbitrator affiliated with American Arbitration Association, State of California Mediation and Conciliation Service or Judicial Arbitration Mediation Services (JAMS). (3) Permissible Relief In the case of a grievance appeal, the hearing officer may only recommend that the relief initially sought by the employee or employee organization be granted or that the position of the city should be upheld. In the case of disciplinary appeals, the hearing officer may recommend either that the discipline imposed by the city be upheld, that a lesser discipline be imposed, or that no discipline be imposed. March 7, 2023 Item #3 Page 48 of 397 38 The advisory findings and recommendation of the hearing officer shall be provided to the employee or employee organization. C. Step Three- Final Determination The advisory findings and recommendation, hearing transcript and exhibits concerning a grievance or a disciplinary appeal shall be transmitted as soon as reasonably possible to the City Manager for a final determination. The City Manager, or designee, may allow, at his or her discretion, limited oral arguments and/or written statements from either side. Within 30 calendar days of receiving all applicable documents or hearing the oral arguments of the parties, whichever is later, the City Manager or designee shall make a final and conclusive written decision. (1) For grievances, the City Manager, or designee, shall either reject the grievance or uphold the grievance and provide a remedy selected by the City Manager, or his/her designee. (2) For disciplinary appeals, the City Manager, or designee, shall make a final and conclusive written decision to uphold, modify or reject the discipline. D. Post-Hearing Procedure The provisions of California Code of Civil Procedure Section 1094.6 shall apply to the final determination of the City Manager. Article 40 Alcohol and Drug Policy I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with applicable State and Federal law. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. “Workplace” means any site where city-assigned work is performed, including city premises, city vehicles or other premises or vehicles, while March 7, 2023 Item #3 Page 49 of 397 39 city-assigned work is being conducted, or within a reasonable time thereafter. 3. “Reasonable suspicion” means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. B. Employee Responsibilities 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on-call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel; c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy. 2. Employees are required to notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), which they have been informed by a medical provider may interfere with safe or effective performance of their duties or operation of city equipment. 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee’s employment with the city, consistent with the legal requirements for disciplinary due process. C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the city reserves the right to search, with or without prior notice to the employee, March 7, 2023 Item #3 Page 50 of 397 40 all work areas and property in which the city maintains full or joint control with the employee, including but not limited to city vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas under full or joint city control since such work areas may be subject to investigation and/or search under this policy. Employer searches shall occur when there is a determination of “reasonable suspicion” as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. Nothing herein shall prevent the city from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. D. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis 1. After receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either illegal drugs or alcohol will be rejected for city employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the city has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be: a. Prevented from engaging in other work; and b. Required to submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. March 7, 2023 Item #3 Page 51 of 397 41 c. An employee may also be required to remain on the premises for a reasonable time until arrangements can be made to transport the employee to his or her home. 2. Some examples of “reasonable suspicion” as defined in Section 1.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. slurred speech. b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; d. an accident involving city property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation; f. attributable possession of alcohol or drugs; g. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs; 3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by city management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. 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 March 7, 2023 Item #3 Page 52 of 397 42 the city wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral contacts are held in confidence by the EAP. C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any city policy. Article 41 Access to Information The city will make available to CCEA such non-confidential information pertaining to employment relations as is contained in the public records of the city, subject to the limitations and conditions set forth in this article and Government Code Section 6250-6260. Such information shall be made available during regular office hours in accordance with the city’s rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to CCEA includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries but shall not be made available in such form as to disclose the source. Nothing in this article shall be construed as requiring the city to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the city. Nothing in this article shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (2) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; (3) Records pertaining to pending litigation to which the city is a party, or to claims or appeals which have not been settled. Article 42 Communications The parties agree to continue meeting at least once each month during the term of the agreement for the purpose of continuing communications on subjects of mutual concern. March 7, 2023 Item #3 Page 53 of 397 43 Article 43 Legal Representation Upon request of an employee and subject to any limitations provided by law, the city will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity other than the city in a court of competent jurisdiction, on account of any act or omission occurring within the course and scope of the employee’s employment with the city. Nothing herein shall be deemed to require the provision of such defense where the discretion to provide or not provide such defense is vested in the city pursuant to the provisions of the California Government Code, or where the act or omission was not within the scope of the employee’s employment, or the employee acted or failed to act because of actual fraud, corruption or actual malice, or where the provision of such defense would create a conflict of interest between the city and the employee. Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said Government Code. Article 44 Layoff Layoff: The city may layoff an employee in the merit service because of material change in duties or organization or shortage of work and funds. The city will use its best efforts to give the employees as much notice as possible with a minimum of 14 calendar days prior to the effective date of a layoff. The appointing authority or designee shall notify the Human Resources Director of the intended action with reasons therefore. A copy of such notice shall be given the employee affected and CCEA. The name of the employee laid off shall be placed on the appropriate reemployment list as provided by these rules. Reduction in Force Procedures: The following procedures will apply to all probationary and permanent employees in the event of a reduction in the city work force. (a) City Service Seniority: city service seniority shall be determined as the period of total continuous service with the city as measured from the date of original appointment. This shall include periods of authorized leaves of absence. (b) Order of Reduction in Force: Whenever there is a reduction in force employees shall be selected for layoffs in the following order: (1) hourly and temporary employees in the affected classification series; (2) provisional and limited term employees in reverse order of their city service seniority in the affected classification series; (3) city probationary employees in reverse order of their city service seniority in the affected classification series; (4) and regular employees in reverse order of their city service seniority in the affected classification. (c) Reduction in Force - Demotion: Whenever there is a reduction in the work force in which one or more employees in a classification has been identified for layoff, the city shall demote the employee in that classification with the highest city service seniority to a vacancy. The employee identified for demotion to the vacant classification must have previously served in that classification and be determined to be currently qualified. An employee may refuse to accept a March 7, 2023 Item #3 Page 54 of 397 44 demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. (d) Notification: Whenever there is a reduction in the work force requiring layoff, the city shall send written notice to the last known address of each employee affected by a layoff with copy to CCEA. The notice shall include the (1) reason for layoff, (2) classes to which the employee may demote within the city, if any, (3) effective date of action, (4) conditions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. (e) Determining Order of Layoff and Demotion for Employees With Identical City Service Seniority: Should two or more employees have identical city service seniority, the order of layoff and demotion will be determined by the Human Resources Director who will use randomizing software to determine seniority. (f) Transfer: All effort will be made by the city to transfer any employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. (g) Order and Method of Demotion Pursuant to a Reduction in Force--Bumping: When required due to a reduction in force, employees shall be demoted in the following manner: (1) Employees who are demoted, who have held permanent status in a lower classification shall have the right to bump employees of lesser city service seniority in that lower classification. (2) Employees who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a city probationary employee in such lower class but may not bump regular city employees already in that lower classification. (h) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force: Employees who are demoted as a result of a reduction in force shall have their names placed on a reinstatement list, in order of their city service seniority. Vacant positions in which an employee has served within a classification series shall first be offered to employees on this list. (i) Reemployment of Employees Laid Off as a Result of a Reduction in Force: Employees who are laid off and who held permanent city status at the time of layoff shall have their names placed on a reemployment list for classifications at the same or lower salary range for which they qualify in the order of their city service seniority. Vacant positions in such classifications will be offered to eligible individuals on the reemployment list who qualify for such vacancies prior to an open or promotional recruitment. (j) Duration of Reinstatement and Reemployment Lists: The eligibility of individuals on the reinstatement and reemployment list shall extend for a period of two years from the date of demotion or layoff. Eligible individuals not responding to written notification of an opening after 14 calendar days shall have their names removed from either the reemployment or reinstatement list. March 7, 2023 Item #3 Page 55 of 397 45 (k) Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon reemployment following a reduction in force, an individual will have the following benefits restored: (1) Prior sick leave accruals. (2) City service seniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force. (3) The salary paid to an employee who is reemployed shall be equivalent to the salary paid at the time of layoff. If the employee chooses to be reemployed in a classification which has a salary range lower than the classification from which the employee was laid off, then salary placement will be equivalent to the salary paid at the time of layoff, or at the top of the salary range of the lower classification as reflected in the current effective salary plan at the time of reemployment, whichever is lower. (l) Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff. The sick leave accruals of such employee will remain on the books and will be reinstated if they are reappointed. (m) Retirement Contribution: The disposition of the retirement contributions of a laid off employee shall be governed by the provisions of the State of California Public Employees’ Retirement Law as contained in the Government Code. (n) Severance: CCEA represented employees involuntarily separated from the city service due to layoff shall receive the equivalent of three months’ base salary, computed at the employee’s actual salary at the time of separation, provided that the employee who was involuntarily separated enters into, executes, and does not rescind or revoke the Separation Agreement and General Release, attached hereto as Attachment C and incorporated herein. The Separation Agreement and General Release is not subject to negotiation, either individually or collectively. Article 45 Full Understanding, Modification, & Waiver It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved and implemented by the city Council. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. March 7, 2023 Item #3 Page 56 of 397 46 Article 46 Provisions of Law It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. Article 47 Retention of Benefits The employees of the City of Carlsbad shall retain all present benefits as set forth in this Memorandum for the term of this agreement, except as amended by this Memorandum, or unless modified after exhausting the meet and confer process. Article 48 Non-discrimination Clause No person shall in any way be favored or discriminated against, by either the city or the Association, to the extent prohibited by law because of actual or perceived political opinion or affiliation, race, color, religion, gender, sexual orientation, marital status, age, national origin, veteran status, medical condition or physical or mental disability. In addition, no person shall be favored or discriminated against because of the person’s association with someone who has or is perceived to have any characteristics of being in one of these classes of people. This affects decisions including, but not limited to, an employee’s compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer and other privileges of employment. The city is committed to providing ongoing training to all employees on the subjects of equal employment, non-discrimination and cultural awareness. Article 49 Americans With Disabilities Act The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this Memorandum of Understanding so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this Memorandum of Understanding. Article 50 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits All CCEA-represented employees shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. Effective January 1, 2020, all CCEA-represented employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a March 7, 2023 Item #3 Page 57 of 397 47 maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. Effective January 1, 2023, all CCEA-represented employees shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000. 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 442-339-2440. Article 51 Special Housing Facilities The city maintains a residence at the Maerkle Reservoir, Dam, Treatment Facility and Site. The employee assigned the duty of Maerkle Facilities Steward is tasked with maintaining a safe, legally compliant facility and ensuring the security of city facilities. A detailed description of the conditions that apply to this assignment are outlined in Attachment B. 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the city. 2. Priority of Assignments In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the city’s Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA’s California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA’s Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. March 7, 2023 Item #3 Page 58 of 397 48 g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH “shift operator” requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. 3. Responsibilities The Steward shall be responsible for performing the following duties: A. Safety a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition B. Emergency Response – Notification – Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations Supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month (except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward’s responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate March 7, 2023 Item #3 Page 59 of 397 49 4. Rent and Utilities The city shall charge a nominal rent for the residence. Said rent shall be established from time to time by the city and communicated to the Steward in writing with 60 calendar days advance notice of any changes. The city shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. 5. Term The city maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the city’s discretion and the city shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least 60 calendar days’ notice to the Steward. There shall be an annual review of the Steward’s performance with the Water Operations Supervisor. The Steward shall, when possible, give the city at least 60 calendar days written notice if the Steward desires to be relieved of this assignment. Article 52 Contracting Out Work 1. The city has the right to contract out any or all of the services currently being performed by CCEA represented classifications or that could be performed by CCEA represented classifications to any one or more public or private entities or individuals. 2. Prior to contracting out the services referenced in item number one above, the city shall first satisfy its obligation to meet and confer with CCEA regarding both the decision and effects of contracting out those services 3. CREATION OF A REQUEST FOR PROPOSAL (“RFP”) a. CCEA may appoint up to two of its members to attend a meeting with city staff responsible for the creation of an RFP for the purpose of providing input to the city regarding the creation of the RFP for contracting out the services referenced in item number one above. This first meeting shall occur prior to the RFP being prepared by city staff. b. After the draft RFP is completed by city staff, a copy of the RFP shall be forwarded to the CCEA appointees by email and a subsequent meeting shall be scheduled, which shall take place within seven calendar days from the date the RFP is received by the CCEA appointees. The purpose of the meeting is for CCEA appointees to meet with the city staff responsible for preparing the RFP in order to discuss the RFP and ask questions as necessary. Additional meetings may be scheduled if mutually agreeable. Following conclusion of the meeting(s), CCEA’s appointees may provide written feedback/suggestions regarding the RFP for the consideration of city staff prior to it being finalized and sent to any potential contractors. CCEA’s feedback/suggestions shall be forwarded to city March 7, 2023 Item #3 Page 60 of 397 50 staff responsible for the creation of the RFP by email within seven calendar days from the date of conclusion of these meetings. c. Prior to distribution of the RFP to potential contractors, the city shall provide the CCEA appointees with the final version of the RFP. d. Neither CCEA nor its appointees shall have veto power over any city decision related to the contents of an RFP or the RFP process. e. Neither CCEA nor its appointees may use the appointees’ involvement in the RFP process to delay the RFP process f. CCEA’s appointees shall sign confidentiality agreements, as agreed to by the city and CCEA, prior to receiving any information related to an RFP 4. MEET AND CONFER PROCESS a. The city may send RFPs created following the procedure outlined in item number three above to potential contractors prior to engaging in the meet and confer process with CCEA. b. After the city receives responses to the RFP, the City Council or designee shall determine whether to pursue contracting out of those services that are the subject of the RFP. c. In the event that the City Council or designee decides to pursue contracting out of any or all of the services that are the subject of the RFP, the city’s negotiating team will make a proposal in writing to CCEA to contract out those services and will provide a copy of the leading proposal to CCEA along with its proposal. d. After reviewing the city’s proposal, CCEA may request in writing to meet and confer over the decision to contract out services and/or the effects of that decision no later than 14 calendar days from the date of CCEA’s receipt of the city’s proposal. The first meeting of the meet and confer process shall be scheduled within 14 calendar days of CCEA’s written request. If CCEA requests to meet and confer over both the decision and effects, decision and effects negotiations shall take place simultaneously. It is understood by the parties that the meet and confer process is not required to be completed in one single meeting. e. The negotiations over the decision and/or effects shall be subject to combined impasse procedures. 5. CITY COUNCIL DECISION a. After the meet and confer process has concluded by either reaching agreement or exhausting impasse procedures, the City Council will make its final decision on whether to contract out those services subject to the RFP. March 7, 2023 Item #3 Page 61 of 397 51 Article 53 Pay Ranges Each City of Carlsbad job classification is assigned to a specific pay range. Effective the first pay period in calendar year 2023 the pay ranges of the following classifications will be assigned to the new pay range shown in the table below. Classification Current Range New Range Accountant 68 69 Accounting Supervisor 55 57 Accounting Technician 45 47 Administrative Secretary 42 43 Deputy City Clerk 67 71 Equipment Technician I 43 44 Equipment Technician II 51 52 Human Resources Technician 49 50 Lead Equipment Technician 61 62 Lead Librarian 65 66 Librarian 57 58 Mail/Clerk Messenger 1 5 Maintenance Worker I 17 20 Meter Services Worker I 11 15 Meter Services Worker II 33 37 Meter Services Worker III 46 50 Office Specialist I 5 9 Office Specialist II 12 16 Park Maintenance Worker II 28 31 Park Maintenance Worker III 46 49 Risk Technician 53 54 Records Technician 31 32 Sanitation Systems Operator II 88 89 Secretary 34 35 Senior Deputy City Clerk 77 81 Senior Human Resources Technician 59 60 Senior Librarian 75 76 Senior Office Specialist 23 27 Street Maintenance Worker III 46 49 Traffic Systems Operations Specialist 80 98 Training Coordinator 49 60 Tree Trimmer I 25 27 Tree Trimmer II 36 38 March 7, 2023 Item #3 Page 62 of 397 52 Tree Trimmer Leadworker 51 53 Waste Water Utility Worker I 41 54 Waste Water Utility Worker II 52 66 Waste Water Utility Worker III 67 77 Water Systems Operator III 99 103 Article 54 Survey Market In keeping with the City Council’s philosophy of surveying the total compensation of local agencies, the agencies listed below will be considered in the survey market for CCEA. 1. City of Chula Vista 2. City of Coronado 3. City of Del Mar 4. City of El Cajon 5. City of Encinitas 6. City of Escondido 7. City of Imperial Beach 8. City of La Mesa 9. City of National City 10. City of Oceanside 11. City of Poway 12. City of San Marcos 13. City of Solana Beach 14. City of San Diego 15. City of Santee 16. City of Vista 17. County of San Diego The seven agencies listed below will also be considered in the survey market for the job classifications of: • Cross Connection Control Technician, • Senior Cross Connection Control Technician, • Sanitation Systems Operator I/II/III, • SCADA Technician, • Utility Worker I/II/III, • Waste Water Utility Worker I/II/III and • Water Systems Operator I/II/III. 1. Encina Wastewater Authority 2. Helix Water District 3. Olivenhain Municipal Water District 4. Otay Water District 5. Padre Dam Municipal Water District 6. Vallecitos Water District 7. Vista Irrigation District March 7, 2023 Item #3 Page 63 of 397 53 Article 55 Reopener At any time during the term of the MOU, after CalPERS announces their actual rate of return for the prior fiscal year, if the CalPERS “discount rate” (i.e., actual rate of return) is less than the expected rate of return, either party may reopen negotiations to discuss pension liability and the sustainability of the cost of CalPERS retirement. Article 56 Paid Family Leave Effective January 1, 2020, per Administrative Order No. 84, all CCEA-represented employees 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. Article 57 Confined Space Pay Employees classified as Sanitation System Operators and Wastewater Utility Workers must routinely and consistently make permit-required entries into confined spaces which Cal-OSHA characterizes as (1) containing or having a potential to contain a hazardous atmosphere; (2) containing a material that has the potential for engulfing an entrant; (3) having an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross section; or (4) containing any other recognized serious safety or health hazard. For performing these activities, employees in these classifications shall receive pay equal to five percent of the employees’ base salary as special compensation that is reportable to CalPERS. Effective the first pay period in calendar year 2023 employees classified as Utility Workers and Water Systems Operators will also receive this pay. March 7, 2023 Item #3 Page 64 of 397 IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized repr enta ·veto execute the Memorandum of Understanding the day, month, and year noted bel w. Bt.AA?~ SCOTT CHADWICK, City Manager Date Approved as to form: ~ /<. H~ 3/1/nz. 3 CfNDTE MCMAHON, City Attorney Date Carlsbad City Employees' Association 2/22/2023 MAYRA TURCHIANO, President, CCEA Date 54 March 7, 2023 Item #3 Page 65 of 397 1 ATTACHMENT A COMPENSATION AND BENEFITS SUMMARY – CCEA REPRESENTED EMPLOYEES WORKING A REDUCED FTE SCHEDULE For CCEA-represented employees working a reduced FTE schedule (ex. 0.75 FTE or job sharing 0.5 FTE) pro-rated benefits are calculated based on 75% and 50% of the full benefits and will be applied respectively. The standard 0.75 FTE work schedule is 30 hours per week. The standard 0.5 job sharing FTE work schedule is 20 hours per week. If one part of a job-share position becomes vacant, the remaining incumbent must convert to full-time until another job-share partner is found. COMPENSATION: Employees on a reduced FTE schedule will be compensated at an hourly rate based on the current salary schedule. Salary will be calculated based on the number of actual hours worked and salary earned. Overtime Employees will be paid overtime after working in excess of 40 hours a week. Extra shifts worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in accordance with the Fair Labor Standards Act (FLSA). The regular work week should not exceed 30 hours per week for 75% time positions or 20 hours per week for 50% time positions. If there are occasional extra hours worked, the time should be reported appropriately to payroll as extra hours. Extra hours should not be a continual or regular practice and may result in jeopardizing the reduced FTE schedule. Bilingual Pay Employees working a reduced FTE schedule who are eligible for Bilingual Pay will receive an amount that is prorated by the appropriate reduced FTE percentage. BENEFITS: Health Insurance Deductions Employees working a reduced FTE schedule are eligible to participate in the same health insurance programs as full-time employees. Employees working a reduced FTE schedule may select one of the city’s medical plans and will be enrolled as an employee with full benefit coverage. Because reduced FTE employees work fewer hours per pay period, they will be eligible for a prorated percentage of the benefits credits for which full time employees are eligible. (Refer to benefit rate sheets.) Leave Accruals • SICK LEAVE: Accrued at appropriate prorated percentage of the full-time accrual rate. • VACATION: Accrued at appropriate prorated percentage of the full-time accrual rate. March 7, 2023 Item #3 Page 66 of 397 2 • HOLIDAY PAY: Six hours per Holiday paid for 0.75 FTE employees. Four hours per Holiday paid for 0.5 FTE employees. City posted Holiday Schedule applies. If a Holiday falls on a day the employee is NOT normally scheduled to work, the employee will agree with the employee’s supervisor when to take a regularly scheduled work shift in that same pay period as a Holiday. • FLOATING HOLIDAY: Six hours per Holiday paid for 0.75 FTE employees. Four hours per Holiday paid for 0.5 FTE employees. An employee whose scheduled shift duration exceeds the hours of Holiday pay could get approval from their supervisor to work extra hours in the pay period in which a Holiday falls to make up for the reduced number of hours paid for the Holiday. An employee may also choose to take hours without pay that period for hours lost due to reduced Holiday pay. It is NOT required to use leave balances to make up for the fewer hours paid on a Holiday. However, on a non-Holiday, if an employee leaves early or takes time off accrued leave balances must be exhausted prior to taking leave without pay. CalPERS Service Credit Future retirement benefit and employee contributions (made by the city) are adjusted for lesser earnings. A full time employee receives one year of service credit for every 10 or more months of full time employment during the fiscal year. A 75% time employee is credited with .90 of a year (.75 x .100 year credit x 12 months) for one year of 75% time employment. A 50% employee is credited with .60 of a year (.5 x .100 year credit x 12 months) for one year of 50% employment. Short Term and Long Term Disability The city pays the premium based on actual earnings. Life Insurance and Supplemental Life Insurance The benefit is based on regular base salary. Employee Computer Purchase Program Employees on a 0.5 FTE schedule are not eligible to establish a computer purchase loan. Employee Education Program Employees on a 0.5 FTE schedule are not eligible for tuition reimbursement. I understand and agree to the reduced FTE terms outlined above and agree to the terms and conditions set forth in this document. I understand that I will be in a Reduced FTE time status 0.75 0.5 from _________________ to _________________. ________________________________ __________________________________________ Employee (Print Name) Employee Signature Date March 7, 2023 Item #3 Page 67 of 397 D D Attachment A ATTACHMENT B MAERKLE RESERVOIR, DAM, TREATMENT FACILITY AND SITE STEWARD REQUIREMENTS, RESPONSIBILITIES AND AGREEMENT TO TERMS OF ASSIGNMENT Per the Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad City Employees’ Association (CCEA), I am accepting the assignment of the Maerkle Facilities Steward and acknowledging the following requirements, responsibilities and terms of the assignment: 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the city. 2. Priority of Assignments In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the city’s Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA’s California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA’s Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH “shift operator” requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. March 7, 2023 Item #3 Page 68 of 397 iv 3. Responsibilities The Steward shall be responsible for performing the following duties: A. Safety a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition B. Emergency Response – Notification – Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month (except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward’s responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 4. Rent and Utilities The city shall charge a nominal rent for the residence. Said rent shall be established from time to time by the city and communicated to the Steward in writing with 60 calendar days advance notice of any changes. The city shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. Upon change of Steward, the outgoing Steward shall have the propane tank filled and the carpets professionally cleaned and provide verification of such to the Water Operations supervisor. The outgoing Steward will have the option of being billed for March 7, 2023 Item #3 Page 69 of 397 v these services by the city. If the outgoing Steward selects this option, the Steward will provide a 30 calendar days’ notice and the city will have the propane tank filled and the carpets professionally cleaned. 5. Term The city maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the city’s discretion and the city shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least 60 calendar days’ notice to the Steward. There shall be an annual review of the Steward’s performance with Water Operations supervisor. The Steward shall, when possible, give the city at least 60 calendar days written notice if the Steward desires to be relieved of this assignment. 6. Sole Place of Residence The crew member assigned as the Steward shall maintain the residence as the Steward’s sole place of residence. 7. Others Living at Residence Only the Steward and a reasonable number of persons who constitute a bona fide single household unit shall be allowed to reside at the house. 8. Vehicles The Maerkle Facilities Steward shall drive a city vehicle. No more than three private vehicles shall be kept at the residence unless pre-approved by the Water Operations supervisor. 9. Firearms The Steward shall not carry any firearms in the performance of the Steward’s duties or in city vehicles and shall not discharge any firearms on city property. Any firearms that are personal property of the Steward shall be allowed to be stored at the residence provided they are securely stored. The Steward will notify the Water Operations Supervisor in advance of bringing any firearms on the premises and shall show proof of secured storage. 10. Parties The Steward shall notify the Water Operations Supervisor, in writing, at least seven calendar days in advance of any party at the residence involving 15 or more people. March 7, 2023 Item #3 Page 70 of 397 vi 11. Pets The Steward shall be allowed to have pets and any outdoor pets shall remain within the fenced portion of the property provided for this purpose. The Steward shall be responsible for any damages caused by pets. The Steward may not keep pets known to be vicious. The rent at the Maerkle residence is currently set at $75.00 per pay period. Automatic payroll deductions will begin for this amount starting with the beginning of the pay period on _____________________________. I have read the preceding Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibility and Agreement to Term of Assignment and understand it. By signing below, I am agreeing to these terms in their entirety. Employee Signature Date March 7, 2023 Item #3 Page 71 of 397 1 ATTACHMENT C SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release of All Claims ("Agreement") is made and entered into by and between the City of Carlsbad (“CITY") and __________________________ ("EMPLOYEE") with reference to the following facts: Due to economic reasons the CITY has decided to reduce its workforce by instituting a reduction in force or layoff in EMPLOYEE’s job classification. In consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. Termination of Employment Relationship The employment relationship which existed between EMPLOYEE and the CITY prior to the effective date of this Agreement shall cease to exist as of ____________, 20__, with EMPLOYEE's last actual day at work being _____________, 20__. 2. Benefits of Agreement A. In consideration of EMPLOYEE entering into this Agreement, the CITY will record EMPLOYEE’s separation from the CITY as a reduction in force when applying for unemployment with the State of California Employment Development Department (EDD). EMPLOYEE agrees to use the date of _______________, 20__ as the effective date of separation. B. While EMPLOYEE’s separation date is ___________________, 20__, any health insurance benefits EMPLOYEE receives will continue until ________________, 20__; dental and vision, if any, will continue until _______________, 20__. C. EMPLOYEE will receive the equivalent of three months’ base salary to be paid in a lump sum direct deposit within two weeks after this document has been received by the CITY and the right to rescind this Agreement, pursuant to Section 7 Right to Revoke Agreement, has expired. D. EMPLOYEE understands and agrees that EMPLOYEE will receive no further wage, severance, vacation or other similar payments from the CITY other than those vested benefits or rights of EMPLOYEE to which EMPLOYEE would otherwise be entitled upon separation. E. EMPLOYEE agrees that EMPLOYEE has not and will not file any complaints, charges or lawsuits against the CITY at any time hereinafter with any governmental agency or any court arising out of EMPLOYEE’S employment with the CITY. EMPLOYEE further agrees not to institute or join any action, lawsuit or proceeding against the CITY arising out of EMPLOYEE’S employment; however, EMPLOYEE shall not be limited from pursuing claims or other enforcement activities for the sole purpose of enforcing EMPLOYEE’s rights under this Agreement. EMPLOYEE fully releases and discharges the CITY, its council members, officers, employees, agents and attorneys, from all actions, causes of action, March 7, 2023 Item #3 Page 72 of 397 2 claims, judgments, obligations, damages, and liabilities of whatsoever kind and character, including, but not limited to, any actions, causes of action, claims, judgments, obligations, damages, or liabilities relating to EMPLOYEE’s employment with the CITY, including, but not limited to, those arising out of any claims for violation of any alleged contract, express or implied; any covenant of good faith and fair dealing, whether express or implied; any tort; any administrative remedy; any federal, state, or local law, statute or regulation based on or related to the Americans with Disabilities Act (42 U.S.C. §§12101-12213); the Federal Family Medical Leave Act (29 U.S.C. 2601-2654); the California Family Rights Act (Gov. Code §§12945.1-12945.2); the Age Discrimination in Employment Act (29 U.S.C. §§621-634); Title VII, Civil Rights Act of 1964 (42 U.S.C. §§2000-2000(e)1-17); and the California Fair Employment and Housing Act (Gov. Code § § 12900-12996). EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 3. Entire Agreement This Agreement constitutes the sole and exclusive understanding of the parties and shall not be subject to modification in the absence of the mutual written consent of EMPLOYEE and the CITY. 4. Severability If any provision of this Agreement as applied to either party or to any circumstances shall be adjudged to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall not affect the remainder hereof, its validity or enforceability, in any jurisdiction. 5. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce this Agreement shall be brought in the Superior Court of California, County of San Diego, North County Judicial District. 6. Advisement-to Consult with Experts The CITY offers no advice or counseling by way of this Agreement and strongly urges EMPLOYEE to seek appropriate advice or counsel from a qualified attorney or professional of EMPLOYEE's choice and EMPLOYEE’s own expense. March 7, 2023 Item #3 Page 73 of 397 3 7. Right to Revoke Agreement A. EMPLOYEE may revoke this Agreement within seven business days of the date of EMPLOYEE's signature. Revocation can be made by delivering a written notice of revocation to the CITY’s current Human Resources Director. For this revocation to be effective, written notice must be received no later than close of business on the seventh business day after EMPLOYEE signs this Agreement. B. If EMPLOYEE exercises EMPLOYEE’S right to revoke consent to this Agreement during the seven-day period after EMPLOYEE signs this Agreement, this Agreement shall not be effective or enforceable and EMPLOYEE will not receive the payment and/or benefits described in Paragraph 2, Section C. 8. Non-Admission of Liability The parties recognize that the making of this Agreement is voluntary and should not in any way be construed as an admission or indication that the EMPLOYEE or the CITY violated any law, or regulation or any right founded in any applicable constitutional or statutory provision, common law, contract or public policy. The Parties expressly deny unlawful and/or wrongful conduct arising out of or in connection with the employment of EMPLOYEE and/or the termination of the employment relationship. 9. Reemployment Rights EMPLOYEE and CITY agree that any rights to reinstatement to any current or future vacancy will be governed by the layoff provision (Article 44) of the Memorandum of Understanding between the CITY and the Carlsbad City Employees’ Association (CCEA) in effect at the time of the separation. 10. Effective Date of Agreement Provided no notice of revocation is received by CITY pursuant to Section 7, this Agreement shall become effective on the eighth business day from the date in which this Agreement is signed and dated by EMPLOYEE. If the Agreement is not dated by Employee, then the effective date of this Agreement shall be the seventh calendar day after receipt of the Agreement by CITY. EMPLOYEE ACKNOWLEDGES THAT EMPLOYEE HAS READ THIS AGREEMENT AND THAT EMPLOYEE UNDERSTANDS IT AND IS VOLUNTARILY ENTERING INTO IT. IF EMPLOYEE IS AT LEAST 40 YEARS OF AGE AT THE TIME THIS AGREEMENT IS SIGNED BY SAID EMPLOYEE, YOU ARE HEREBY NOTIFIED THAT IN ACCORDANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (29 U.S.C. §§621-634), EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, EMPLOYEE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE HUMAN RESOURCES DIRECTOR OF THE CITY OF CARLSBAD NO LATER THAN SEVEN DAYS AFTER EMPLOYEE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. March 7, 2023 Item #3 Page 74 of 397 4 IN WITNESS HEREOF, CITY has executed and entered into this Agreement by causing its name to be subscribed hereunder by duly authorized officers. EMPLOYEE has executed and entered into Agreement by subscribing EMPLOYEE’S name hereto. _______________________ _______ ____________________ _______ City of Carlsbad Date Employee Date City Manager _______________________ _______ Approved as to Form Date by City Attorney March 7, 2023 Item #3 Page 75 of 397 Attachment B CFA MEMORANDUM OF UNDERSTANDING 1/1/2023 to 12/31/2025 Summary of Significant Changes 1. Term: January 1, 2023 – December 31, 2025 2.Article 8 Compensation Adjustments: a. Effective January 1, 2023, the city shall implement an across-the-board base salary increase for each represented classification of four percent. b.Effective January 1, 2024, the city shall implement an across-the-board base salary increase for each represented classification of four percent. c.Effective January 1, 2025, the city shall implement an across-the-board basesalary increase for each represented classification of four percent. 3.Article 11 Annual Vacation Leave: Effective the first day of the first full pay period following City Council approval of this MOU, the vacation accrual maximum shall increase from 320 to 400 hours for employees on an 80-hour per pay period schedule and from 448 to 560 for employees on a 112-hour per pay period schedule. In addition, employees shall be eligible to receive service credit based on their previous full-time paid experience in a professional public safety agency in an equivalent job classification. This credit only applies to the vacation accrual rate. 4.Article 13 Bilingual Pay Effective the first pay period in 2023, bilingual pay will increase from $40 to $50 per pay period. In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU. 5.Article 15 Health Insurance/Flexible Benefits Program Effective the pay periods that include January 1, 2024, January 1, 2025 and December 31, 2025, the city benefits credits will increase. 6.Article 29: Paramedic License Pay Effective the first day of the first full pay period following City Council approval of this MOU, Paramedic License Pay will change from $110.77 per pay period to 2.5% of the top step Paramedic Firefighter biweekly base salary March 7, 2023 Item #3 Page 76 of 397 ii 7. Article 33: Leave of Absence Effective upon the first day of the first full pay period following City Council approval of this MOU, employees returning from incident deployments shall be granted deployment recovery leave of up to 24 hours. 8. Article 38: Post-Retirement Healthcare Trust Effective the first pay period in 2024, the city contribution to the Post-Retirement Healthcare Trust will increase from $150 to $200 per month per employee and the employee contribution will decrease from $250 to $200 per month. 9. Article 41: Education Incentive Effective the first pay period in 2023, education incentive level I will increase from 4.0% to 4.5% of the top step Paramedic Firefighter biweekly base salary and level II will increase from 6.4% to 6.9% of the top step Paramedic Firefighter biweekly base salary. March 7, 2023 Item #3 Page 77 of 397 iii Exhibit 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC. Term: January 1, 2023 - December 31, 2025 TABLE OF CONTENTS Preamble Page 1 Article 1 Recognition Page 1 Article 2 Implementation Page 1 Article 3 Term Page 1 Article 4 Renegotiation Page 1 Article 5 Retention of Benefits Page 2 Article 6 City Rights Page 3 Article 7 No Strike and No Lockout Page 3 Article 8 Compensation Adjustments Page 3 Article 9 Bereavement Leave Page 4 Article 10 Short-Term and Long-Term Disability Insurance Page 4 Article 11 Annual Vacation Leave Page 5 Article 12 Sick Leave Accrual Page 8 Article 13 Bilingual Pay Page 10 Article 14 Linen Provision, Maintenance, and Replacement Page 10 Article 15 Health Insurance/Flexible Benefits Program Page 10 Article 16 Holidays Page 12 Article 17 Retirement Benefits Page 13 Article 18 Provision of 1959 PERS Survivors’ Benefit Page 14 Article 19 Overtime for Employees Working a 112 Hour/Pay Period Schedule Page 14 Article 20 Overtime for Employees Working an 80 Hour/Pay Period Schedule Page 15 Article 21 Americans With Disabilities Act Page 18 Article 22 Family Leave Act Page 18 Article 23 Discipline of Employee Page 18 Article 24 Grievance Procedure Page 23 Article 25 Alcohol and Drug Policy Page 27 Article 26 Authorized Agents Page 31 Article 27 Full Understanding, Modification, Waiver Page 31 Article 28 Provisions of Law Page 32 Article 29 Paramedic License Pay Page 33 Article 30 Reporting Value of Uniforms to CalPERS Page 33 Article 31 Acting Pay Page 33 March 7, 2023 Item #3 Page 78 of 397 iv Article 32 Deferred Compensation Page 33 Article 33 Leave of Absence Page 34 Article 34 Military Leave Page 38 Article 35 Jury Duty Page 38 Article 36 Life/Accidental Death & Dismemberment (AD&D) Insurance and Voluntary Benefits Page 39 Article 37 Probationary Period Page 39 Article 38 Post-Retirement Healthcare Trust Page 39 Article 39 Outsourcing Page 40 Article 40 Survey Market Page 40 Article 41 Education Incentive Page 40 Article 42 Wellness Page 42 Article 43 Paid Family Leave Page 42 Article 44 Association Time Bank Page 42 Appendix A Requirements to Apply for a Promotion and Serve Page 44 in an “Acting” Capacity, Effective January 1, 2023 Appendix B Compensation and Benefits Summary – Employees Page 45 Working a Reduced FTE Schedule March 7, 2023 Item #3 Page 79 of 397 1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into as of the date of formal approval hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the “city”) and the designated representatives of the Carlsbad Firefighters’ Association, Inc. (hereinafter referred to as CFA or “CFA, Inc.”). PREAMBLE It is the purpose of this Memorandum of Understanding (hereinafter referred to as “Memorandum”) to promote and provide for harmonious relations, cooperation, and understanding between the city management representatives and the local safety fire employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. In cases where there is a conflict between this Memorandum and the Carlsbad Fire Department Directives, this Memorandum shall prevail. ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CFA, Inc. as the majority representative for all classifications in this Unit, as set forth in the Petition for Recognition, submitted November 3, 1991, in accordance with the provisions of Section 2.48.090 (1) of the Carlsbad Municipal Code. ARTICLE 2. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CFA, Inc. It is agreed that this Memorandum shall not be binding upon the parties, either in whole or in part, unless and until the City Council acts by majority vote to formally approve and adopt this Memorandum. It is further agreed that, if the City Council approves and adopts this Memorandum, city management will act in a timely manner to make the changes or recommend the City Council make the changes, in city ordinances, resolutions, rules, policies, and procedures necessary to implement this Memorandum. ARTICLE 3. TERM The term of this Memorandum shall be from January 1, 2023, through December 31, 2025. ARTICLE 4. RENEGOTIATION In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum, that party shall serve upon the other a notice of such intent. During the term of this March 7, 2023 Item #3 Page 80 of 397 2 Memorandum, the parties agree to meet and confer upon request of the other party to discuss additional changes to this Memorandum in accordance with the Meyers-Milias-Brown Act (MMBA). In addition, the parties may meet and confer on the items listed below. • Health insurance benefits in order to reduce or eliminate penalties under the ACA. Any changes shall be by mutual agreement only. • Employee cost sharing toward the city’s required contribution to CalPERS for CFA members if the CalPERS actual rate of return is less than CalPERS’ expected rate of return (the expected rate of return or “discount rate” in effect during that same prior fiscal year). Any changes shall be by mutual agreement only. 4.1 If there is a Ninth Circuit ruling between any parties under the Fair Labor Standards Act (FLSA) that determines the city’s current calculation of the regular rate of pay and overtime premium (e.g., the divisor and multiplier used) is below the FLSA minimum, then the parties will reopen negotiations to determine a remedy and any applicable changes to the MOU re: the calculation of the regular rate of pay and overtime premium. In addition, if there is a published Ninth Circuit decision that provides a revision or clarification to the FLSA that requires add-on pays not currently included in the city’s calculation of the regular rate of pay, the parties will reopen negotiations re: inclusion of those add-on pays in the FLSA calculation. The foregoing notwithstanding, if there is a published Ninth Circuit decision that add-on pays currently included in the city’s calculation of the FLSA regular rate are not to be included in the city’s calculation of the FLSA regular rate, this Agreement shall not reopen for negotiations. ARTICLE 5. RETENTION OF BENEFITS The employees represented by CFA, Inc., shall retain all present benefits for the term of this agreement, as amended by this Memorandum, subject to the following provisions: • Matters That Fall Within the Scope of Representation: The city agrees to give advance notice and opportunity to meet and confer on the subject of current wage levels and benefits, and other matters which fall within the scope of representation, such as, but not limited to, material modifications to personnel rules and Fire Department directives, before taking any action impacting employees within the bargaining unit. • Management Rights: The city’s decisions regarding staffing levels, station closures, layoffs, reorganization, contracting out bargaining unit work to third parties, and furloughs which the city may elect to utilize to address fiscal difficulties it faces now or in the future, are management rights. Nevertheless, the city agrees to give advance notice and the opportunity to discuss these subjects before taking any action impacting employees within the bargaining unit. March 7, 2023 Item #3 Page 81 of 397 3 ARTICLE 6. CITY RIGHTS The rights of the city include, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; contract out, after meeting and conferring over decision and effects, bargaining unit work to third parties; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 7. NO STRIKE AND NO LOCKOUT A. No Strike. During the term of this Memorandum and in accordance with Labor Code Section 1962, neither the employees nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any other intentional disruption of the operations of the city, regardless of the reason for so doing. B. Penalty. If a strike occurs in violation of Article 7.A. or Labor Code Section 1962, the city may utilize any legal remedies available to it to halt the strike. In addition, any employee engaging in activity prohibited by Article 7.A. or Labor Code Section 1962, or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this Memorandum, the city will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 7.A. D. Association Official Responsibility. Each employee who is an officer of CFA, Inc. occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. The employees agree to inform members of their obligations under this Memorandum and Labor Code Section 1962 and to direct them to return to work. E. Non-discrimination Clause. Neither city nor CFA, Inc. shall interfere with, intimidate, restrain, coerce, or discriminate against employees covered by this Memorandum because of exercise of rights to engage or not engage in CFA, Inc. activity or because of the exercise of any right provided to the employees by this Memorandum. ARTICLE 8. COMPENSATION ADJUSTMENTS Effective January 1, 2023, all CFA represented employees will receive a 4.0% base salary increase. Effective January 1, 2024, all CFA represented employees will receive a 4.0% base salary increase. Effective January 1, 2025, all CFA represented employees will receive a 4.0% base salary increase. March 7, 2023 Item #3 Page 82 of 397 4 Any step increases granted shall be effective on the employee’s anniversary date or date of promotion. ARTICLE 9. BEREAVEMENT LEAVE In the event of the death of an employee’s immediate family member, the employee may take up to three shifts of paid time off for bereavement. An additional two shifts may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. 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 leave or, when no accrued leave is available, treated as leave without pay. The “immediate family” shall be defined as: a spouse, domestic partner, child, grandchild, member of immediate household, sibling, parent, or grandparent whether biological, foster, step, adopted, or in-law. It also includes any person who has served in place of a parent to the employee, or any person for whom the employee has served in place of a parent. The term “child” means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. The term “parent” means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. The employee may be required to submit proof of the family member’s death before being granted bereavement leave. ARTICLE 10. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE Short-Term Disability Effective January 1, 2020, the city will provide represented employees 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 employee’s pre-disability base salary, up to a maximum base salary of $200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. Long-Term Disability The city will contract with a mutually agreed upon insurance company to provide long term disability insurance for all represented employees and the city will pay the premium. For information about this benefit, contact the Human Resources Department at 442-339-2440. Use of Accrued Paid Time Off While Receiving Disability Benefits The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. The employee shall combine allowable types of accrued paid time off with short-term and long-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the disability payments. Refer to the long-term disability plan document for information on which types of accrued paid time off may be combined with long-term disability payments. March 7, 2023 Item #3 Page 83 of 397 5 ARTICLE 11. ANNUAL VACATION LEAVE A. Basis of Accrual The annual vacation leave accrual schedule for all employees working a 112 hour/pay period schedule will be: Less than 3 full calendar years of continuous service -21 minutes/day 3 through 4.99 full calendar years of continuous service -26 minutes/day 5 through 9.99 full calendar years of continuous service -32 minutes/day 10 through 10.99 full calendar years of continuous service -34 minutes/day 11 through 11.99 full calendar years of continuous service -36 minutes/day 12 through 12.99 full calendar years of continuous service -38 minutes/day 13 through 14.99 full calendar years of continuous service -40 minutes/day 15 or more full calendar years of continuous service -42 minutes/day The annual vacation leave accrual schedule for all employees working an 80 hour/pay period schedule: Less than 3 full calendar years of continuous service -13 minutes/day 3 through 4.99 full calendar years of continuous service -16 minutes/day 5 through 9.99 full calendar years of continuous service -20 minutes/day 10 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/day 13 through 14.99 full calendar years of continuous service -25 minutes/day 15 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. Effective upon the first day of the first full pay period following City Council approval of this MOU, at the discretion of the Fire Chief or designee, in addition to service time with the City of Carlsbad, current employees and new hires shall be eligible to receive service credit towards the vacation accrual rate based on their previous full-time paid experience in a professional public safety agency in an equivalent job classification. This credit only applies to the vacation accrual rate. It does not apply to seniority or any other employee-related process, pay, benefit or accrual that is based on city service credit. When an employee changes from a 112 hour/pay period schedule to an 80 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is divided by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same. When an employee changes from an 80 hour/pay period schedule to a 112 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is multiplied by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same. March 7, 2023 Item #3 Page 84 of 397 6 B. Vacation Accrual Maximum Effective upon the first day of the first full pay period following City Council approval of this MOU, all employees working a 112 hour/pay period schedule shall be entitled to earn and accrue up to and including 560 hours of vacation (increased from a maximum of 448 hours). No employee working a 112 hour/pay period schedule will be allowed to earn and accrue vacation hours in excess of the vacation accrual maximum. Each year, in the last paycheck in December, all accrued vacation hours over 496 hours will be deposited into the employee’s individual post-retirement healthcare trust account. Effective the first day of the first full pay period following City Council approval of this MOU, all employees working an 80 hour/pay period schedule shall be entitled to earn and accrue up to and including 400 hours of vacation (increased from a maximum of 320 hours). No employee working an 80 hour/pay period schedule will be allowed to earn and accrue vacation hours in excess of the vacation accrual maximum. Each year, in the last paycheck in December, all accrued vacation hours over 336 hours will be deposited into the employee’s individual post-retirement healthcare trust account. There shall be no cash option available to the employee for the conversion of unused accrued vacation hours. Department Heads will encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, the employee 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. Employees working an112-hour per pay period schedule are eligible to submit an irrevocable request to elect to convert up to 112 hours of accrued vacation hours for the following calendar year to be deposited into the employee’s individual post-retirement healthcare trust account. Employees working an 80-hour pay period schedule are also eligible to submit an irrevocable request to elect to convert up to 80 hours of accrued vacation hours for the following calendar year to be deposited into the employee’s individual post-retirement healthcare trust account. There shall be no cash option available to the employee for the conversion of unused accrued vacation hours. 2. All employees wishing to convert accrued vacation to fund their post-retirement healthcare trust 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. March 7, 2023 Item #3 Page 85 of 397 7 3. Only vacation hours accrued during the calendar year following the election may be converted. Employees accruing less than the election amount may convert no more than their total vacation accrual in the following calendar year. 4. The employee’s accrued vacation to convert to the healthcare trust will be credited first to the trust account with the employee’s earned vacation leave until the employee’s full election amount is reached. The vacation hours designated to the trust account will not be credited toward the employee’s maximum vacation accrual. During this period of time, no earned vacation leave will be credited to the employee’s vacation time off balance. 5. Conversion of vacation hours elected for the trust will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case conversion of the elected vacation hours will occur in July. All vacation hours will be converted 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 conversion amount will be reduced to the total number of vacation hours the employee actually accrues in the calendar year and the conversion will be made no later than the last pay date in the calendar year. The vacation conversion amount will be based on the employee’s rate of pay at the time of the conversion. 6. An employee who does not elect to designate vacation hours to convert by December 10 waives their right to do so and will not be allowed to elect to convert vacation accruing in the following year. Mandatory conversion of vacation accrued over the designated accrual amount under Article 11B shall still occur. D. Effects of Holiday on Vacation Leave For all employees, except for those on an administrative assignment, who work an 80 hour/pay period schedule, in the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday. E. Effect of Leave of Absence on Accrual of Vacation Leave See Article 33 for the effect of an extended leave of absence on vacation accrual. F. Compensation for City Work During Vacation Prohibited No employee shall be permitted to work for compensation for the city in any capacity, except compensation for mandated court appearances, during the time of the employee’s paid vacation leave from city service. This clause shall not limit the city’s right to recall an employee from vacation in the event of an emergency and place the employee on regular pay status. March 7, 2023 Item #3 Page 86 of 397 8 G. Scheduling Vacations An employee may take annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. All vacation requests must be placed in Telestaff per the Department Directive. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. H. Terminal Vacation Pay Upon separation of employment, 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 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. ARTICLE 12. SICK LEAVE ACCRUAL All employees working a 112 hour/pay period schedule shall be entitled to accrue sick leave at a rate of 25 minutes per day. All other employees shall be entitled to accrue sick leave at a rate of 16 minutes per day. Sick leave is accrued on a daily basis. Sick leave can be used in 15 minute increments. An employee who is changed from a 112 hour/pay period schedule to an 80 hour/pay period schedule as a result of an administrative assignment or an occupational injury assignment (either full or light/modified duty) will continue to accrue at a rate of 25 minutes per day during this assignment. A. Use of Sick Leave Sick leave will be administered consistent with state and federal law and shall be allowed for the following purposes: March 7, 2023 Item #3 Page 87 of 397 9 1. Diagnosis, care or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member (e.g., to recuperate from or receive treatment for personal injuries or illnesses, to care for an injured or ill family member or to attend medical, dental or optometry appointments). 2. If the employee 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), domestic violence services, or medical or mental health treatment. Employees shall be required to account for all hours they are requesting as sick leave via the city’s timekeeping/scheduling system. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws. If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated. Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965. Employees shall be required to account for all hours they are requesting as sick leave via Telestaff. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when the Fire Chief or designee determines that the employee has abused such privileges. B. Effect of Leave of Absence See Article 33 for the effect of an extended leave of absence on sick leave accrual. C. Sick Leave Conversion For an employee on an 80 hour/pay period schedule: Any represented employee who has accrued and maintains a minimum of 160 hours of sick leave shall be permitted to convert up to 120 hours of accumulated uncompensated sick leave to either accrued vacation hours or to the employee’s post-retirement healthcare trust account at a ratio of 24 hours of sick leave to eight 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 March 7, 2023 Item #3 Page 88 of 397 10 if such conversion would put them over the vacation accrual maximum. No cash option will exist for sick leave conversion. For an employee on a 112 hour/pay period schedule: Any represented employee who has accrued and maintains a minimum of 240 hours of sick leave shall be permitted to convert up to 288 hours of accumulated uncompensated sick leave to 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. ARTICLE 13. BILINGUAL PAY Effective the first pay period in 2023, the city will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $50.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the city. In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as determined and paid for by the city in the foreign language or American Sign Language (ASL). Bilingual proficiency testing will occur during the employee’s regular work shift. In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU. This article shall not be subject to the grievance procedure. ARTICLE 14. LINEN PROVISION, MAINTENANCE, AND REPLACEMENT The city agrees to provide one set of bed linen and two towels per person for all personnel working a 112 hour/pay period work schedule. To assist in maintenance, all fire stations will be equipped with washing machines and dryers; shift personnel will be responsible for maintaining their own linens and towels. The city agrees to replace linens and towels on an “as needed” basis, with a maximum replacement of once per calendar year. ARTICLE 15. HEALTH INSURANCE/FLEXIBLE BENEFITS PROGRAM Employees represented by the CFA, Inc. will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and March 7, 2023 Item #3 Page 89 of 397 11 dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below. A. Benefits Credits and Medical Insurance During the term of this Agreement, represented employees will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of all employees covered by this agreement and eligible dependents and those retirees designated in this Article, the minimum amount per month required under California Government Code Section 22892 for medical insurance through the CalPERS. If electing to enroll for medical benefits, an employee must select one medical plan from the variety of medical plans offered through CalPERS. The city shall contribute monthly amounts (called Benefits Credits) on behalf of each active employee and eligible dependents toward the payment of medical premiums under the CalPERS health program for all FLSA eligible hours paid in the pay period. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference. Waiver Provision: CFA-represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the city’s medical insurance program, provided they can show proof of alternative minimum essential coverage as defined by the Affordable Care Act. For those employees who are covered under another employer sponsored group insurance program, the benefits credits associated with waiving medical coverage will be equal to $400 per month. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income and included in the calculation of the regular rate of pay and overtime premium under the FLSA. The Benefits Credits for calendar year 2023 are as shown in the table below. Medical Coverage Level Prior Monthly Benefits Credits 2023 Monthly Benefits Credits Monthly Increase Employee $659.00 $674.00 $15.00 Employee + 1 $1,316.00 $1,345.00 $29.00 Family $1,737.00 $1,764.00 $27.00 Waive Medical $329.50 $400 $70.50 March 7, 2023 Item #3 Page 90 of 397 12 Effective the pay periods that include January 1, 2024, January 1, 2025 and December 31, 2025 the city monthly benefit credits associated with each medical coverage level will be set to dollar amounts that equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. B. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance Employees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level. C. Retirees Each retired employee who was a member of this bargaining unit is covered by the PEMHCA and is eligible to participate in the CalPERS Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that 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. Employees who retire from the city, either service or disability, shall be eligible to elect, upon retirement, to participate in the city’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose continued coverage upon retirement, or who chooses coverage and later drops it, is not eligible to return to the city’s dental and vision insurance programs. The city will invoice the retiree for the retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. ARTICLE 16. HOLIDAYS The city shall observe the following scheduled paid holidays, consistent with the annual holiday schedule published by the Human Resources Department: New Year’s Day Thanksgiving Martin Luther King Jr.’s Birthday Thanksgiving Friday President’s Birthday Christmas Day Memorial Day Independence Day Labor Day Indigenous Peoples’ Day Veterans Day March 7, 2023 Item #3 Page 91 of 397 13 Effective January 27, 2020, the following provisions will be in effect: 1) Suppression personnel assigned as a Lifeguard Supervisor or on an administrative assignment are ineligible for the holiday pay listed above. These personnel will receive straight time pay when they are regularly scheduled to work on the holidays listed above. 2) Fire Prevention personnel, personnel on a non-occupational injury light/modified duty assignment and Suppression personnel in the new hire academy will be eligible to have the day off with pay on the holidays listed above. 3) Suppression personnel working a 112 hour/pay period schedule, personnel on an occupational injury light/modified duty assignment and Paramedic Lifeguard Lieutenants shall be credited with an additional 12 hours of holiday pay (using a base salary rate that excludes additional pays) on the day the holiday occurs based on all FLSA eligible hours paid in the pay period during the calendar year that the holiday occurs. Employees scheduled to work on a holiday who desire the day off will utilize their own leave balances. See Article 33 for the effect of an extended leave of absence on holiday pay. Only employees who are on paid status on their scheduled work day immediately before a holiday shall be entitled to the paid holiday. ARTICLE 17. RETIREMENT BENEFITS 17.1 The city has contracted with CalPERS for the following retirement benefits: • Safety Tier 1 - (employees entering safety membership for the first time prior to October 4, 2010) – The retirement formula shall be 3% @ 50; single highest year final compensation. • Safety Tier 2 - (employees entering safety membership for the first time on or after October 4, 2010) – The retirement formula shall be 2% @ 50; three year average final compensation. • Safety Tier 3 – (employees entering safety membership for the first time on or after January 1, 2013) - The retirement formula shall be 2.7% @ 57; three year average final compensation. Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act 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 six months or more) will constitute a third tier and be subject to all the applicable PEPRA provisions. March 7, 2023 Item #3 Page 92 of 397 14 17.2. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of Section 414(h)(2) of the Internal Revenue Code. Employees shall make the following employee retirement contributions through payroll deductions: • Tier 1 and Tier 2 safety employees shall pay all of the employee retirement contribution (9%). • Tier 3 safety employees shall pay the required PEPRA member contribution rate as established by CalPERS. 17.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the city will report the value of the EPMC as additional (special) compensation to CalPERS for all local fire employees designated as “classic CalPERS members.” ARTICLE 18. PROVISION OF 1959 PERS SURVIVORS’ BENEFIT The city agrees to provide the Fourth Level of the 1959 Survivors’ Benefit. ARTICLE 19. OVERTIME FOR EMPLOYEES WORKING A 112 HOUR/PAY PERIOD SCHEDULE A. In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for emergency call-back), and time spent conducting bona fide volunteer activities. Time worked shall be computed by rounding to the nearest quarter of an hour. B. Sworn personnel who are assigned to fire suppression shall work a 112 hour/pay period on a Kelly schedule or other shift schedule as approved at the discretion of the Fire Chief or designee. Suppression employees temporarily assigned to light/modified duty will be assigned a traditional 5/40 work schedule or alternative work schedule as approved at the discretion of the Fire Chief or designee. In this situation, the employee's hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate. C. The City of Carlsbad will use a 24-day work cycle for fire suppression employees under the 7(k) exemptions contained in the Fair Labor Standards Act. The "work period" shall be 24 days in length. The "work schedule" is to be based on a 56 hour average workweek. Each fire suppression employee on a 112 hour/pay period schedule (or on a light/modified duty IOD-related work schedule) will earn six hours of premium pay in each biweekly pay period. March 7, 2023 Item #3 Page 93 of 397 15 In addition, any employee required to perform in excess of an employee’s normal scheduled shift shall receive overtime compensation. For FLSA overtime, the calculation of the regular rate of pay and overtime premium shall be calculated in conformance with the FLSA as required by this Agreement. ARTICLE 20. OVERTIME AND COMP TIME FOR EMPLOYEES WORKING AN 80 HOUR/PAY PERIOD SCHEDULE A. SCOPE 1. This article shall apply to employees working in the classifications listed below or who work an 80 hour/pay period on a 5/40 schedule or alternative schedule as approved by the Fire Chief or designee: o Paramedic Lifeguard Lieutenants o Fire Prevention Personnel o Suppression personnel in the new hire academy o Any classification working on an administrative assignment as approved by the Fire Chief or designee (e.g., Training Captain) 2. However, this article does not apply to any suppression employee who is assigned to administrative assignment due to temporary light duty status. 3. In determining an employee’s eligibility for overtime, under this agreement, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for emergency call-back), and time spent conducting bona fide volunteer activities. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. B. COMPENSATION FOR ADMINISTRATIVE ASSIGNMENTS The employee' s hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate. Beginning with the first full pay period following Council ratification of this MOU, while appointed or assigned to an administrative position, the employee shall receive an additional 15% above their base hourly pay rate. C. HOURS OF WORK 1. Overtime The official 7-day FLSA work week for employees on a 9/80 Friday to Friday shift begins four hours after the regularly scheduled starting time for their Friday March 7, 2023 Item #3 Page 94 of 397 16 shift and ends 168 hours later (at four hours after the regularly scheduled starting time for their Friday shift). For all other employees, except suppression employees on an administrative assignment as Lifeguard Supervisors, who work an 80 hour/pay period schedule the 7-day FLSA work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m. For suppression employees on an administrative assignment as Lifeguard Supervisors, the city will use a 14-day work cycle for employees under the 7(k) exemptions contained in the FLSA. The “work period” shall be 14 days in length. The “work schedule” will be variable based on seasonal needs with a base of 40 hour average workweek. Peak season staffing will be set at a 3/12 and 4/12 schedule with a 42 hour average workweek. The FLSA work period is from 12:00 am Sunday and concludes on the 14th day on the Saturday at 11:59 pm. (Based on the FLSA 7(k) guidelines, hours worked in excess of 106 in the 14-day work period will be paid out as FLSA overtime.) Any employee who is not 7k exempt that is required to perform in excess of 40 hours in their seven-day work week or any employee who works in excess of an employee’s normal scheduled day shall receive overtime compensation. For FLSA overtime, the calculation of the regular rate of pay and overtime premium shall be calculated in conformance with the FLSA as required by this Agreement. Employees regularly assigned to a 112 hour/pay period schedule who are assigned to an 80 hour/pay period schedule administrative assignment, will not be available to work shift overtime on days they are assigned to an administrative assignment unless authorized by the Duty Battalion Chief. Employees are authorized to work suppression overtime during hours they are not assigned to administration. Employees working an 80 hour/pay period schedule who work a suppression overtime shift will have their pay rate converted to the 112 hour/pay period rate while on the suppression overtime shift. This rate shall not include the 15% administrative assignment pay. Suppression members that are on an administrative assignment will not remain subject to force hires for suppression assignments. 2. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee working an 80 hour/pay period schedule may elect, subject to department approval, to receive compensatory time off. No employee shall accrue more than 80 hours of such compensatory time. When an employee has accumulated the maximum March 7, 2023 Item #3 Page 95 of 397 17 number of hours of compensatory time off, the employee shall receive all overtime compensation in cash. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. All accrued and unused compensatory time during the calendar year will be cashed out on the last pay date of the calendar year. No compensatory time may be accrued beginning on the last pay period of the calendar year through the end of the calendar year. At the time an employee switches from an 80 hour/pay period schedule to a 112 hour/pay period schedule, all accrued and unused compensatory time will be cashed out. An employee may elect to “cash out” any portion of the employee’s accrued compensatory time at the employee’s base rate of pay in any pay period. The employee shall indicate the number of hours to be cashed out on the employee’s timesheet. 3. Request for Temporary Shift Adjustment (Flex Time) An employee may request that the employee’s normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee’s FLSA work week without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate even if the employee’s hours worked exceed the employee’s normal scheduled shift on that day. 4. Employees hired by divisions or bureaus currently operating on an alternative work schedule shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. This article shall not be subject to the grievance procedure. D. RETURN TO SUPPRESSION DUTIES Upon completion of the administrative assignment, the employee will return to the employee’s previous rank held at the time of accepting the appointment unless the employee has been promoted to another position/rank. The duration of an appointment or assignment to administrative duties will normally be for a minimum of two years but may be extended one year at the discretion of the Fire Chief or designee. March 7, 2023 Item #3 Page 96 of 397 18 ARTICLE 21. AMERICANS WITH DISABILITIES ACT The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this MOU so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this MOU. ARTICLE 22. FAMILY LEAVE ACT The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and implement this MOU so as to comply with the Act. The parties agree to consult if compliance with the Act may require modifying the provisions of this MOU. ARTICLE 23. DISCIPLINE OF AN EMPLOYEE 23.1 Authority - Full authority for discipline is retained by the city. The city may discipline a regular employee for just cause. In appropriate cases the city will use progressive disciplinary practices. 23.2 Representation - An employee attending any investigatory or fact-finding meeting which may result directly in discipline, reduction in pay, suspension, demotion or discharge shall be allowed representation. 23.3 Grounds for Discipline - The city has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee’s prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment including untruthfulness, misrepresentation or omission of information. (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, public disclosure of privileged information or dishonesty. (3) Failure to maintain certification and licenses required by law or the Fire Department. (4) Being under the influence of alcohol or intoxicating drugs while on duty. (5) Unauthorized absence without leave. (6) Criminal conviction having some relevance to the job. (7) Intentionally being discourteous to the public. (8) Unauthorized use of or neglect of city property. (9) Abuse of sick leave. (10) Unauthorized outside employment that constitutes a conflict of interest. (11) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (12) Falsification of any city report or record. March 7, 2023 Item #3 Page 97 of 397 19 (13) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, Fire Chief or designee, or supervisor. (14) Political activities precluded by State or Federal law. (15) Other acts that are incompatible with service to the public. (16) Failure to respond to questions or otherwise fail to participate during an investigation conducted by the city or its agents. 23.4 Firefighter Bill of Rights Procedures - The following appeals procedures apply to all represented employees and are adopted pursuant to Government Code Section 3254.5 of the California Firefighter Procedural Bill of Rights Act (FBOR) and shall apply to any administrative appeal of a punitive action. Prior to taking punitive action involving discipline, suspension without pay, reduction in pay, demotion or discharge, the employee shall be given notice of the action to be taken, the effective date for such action, the evidence or materials upon which the action is based, and notified of his/her right to be represented by an attorney or other representative at further proceedings. 23.5 Pre-Discipline Process - The employee will be given an opportunity to respond to the Fire Chief or designee either orally or in writing, provided the employee requests the opportunity within seven calendar days of the notice of the intended action. For notices of discipline with recommended punitive action not involving discharge, demotion, reduction in pay or suspension the designee will typically be the Assistant Fire Chief. If the employee or the employee’s designated representative requests the right to respond to the proposed punitive action, imposition of proposed punitive action shall be deferred until after the response is received by the Fire Chief or designee. It is the Fire Chief’s or designee’s responsibility to coordinate the scheduling of the conference within 14 consecutive days of the employee’s request. The Fire Chief or designee shall be responsible for receiving the employee’s and/or the employee’s representative’s response to the proposed discipline. The conference shall be conducted informally and shall be limited to the presentation of information by and through the employee and/or the employee’s representative in response to the charges and allegations set forth in the notice of proposed discipline. In the event the employee is unable to respond to the charges within the time permitted and demonstrates the reasonableness of a need for a continuance, the presiding officer may grant a continuance of up to an additional five calendar days. The time limits described herein are essential and may only be modified or enlarged by mutual consent of both the employee and the Fire Chief or designee. The above process will occur prior to the imposition of the discipline. March 7, 2023 Item #3 Page 98 of 397 20 23.6 Notice of Discipline - After conclusion of the pre-disciplinary conference and within 30 days of the department’s final decision, but not less than 48 hours prior to imposing discipline, the Fire Chief shall notify the employee in writing of the nature and extent of the discipline, if any, and the time of commencement thereof. The notice shall also contain a statement of charges which shall set forth the acts or omissions with which the employee is charged in order that the employee will be able to prepare a defense. Also, the notice shall specify the city rules, regulations, policies and procedures which the employee is alleged to have violated. The notice of discipline shall also advise the employee of the right to request an appeal hearing by filing a Notice of Appeal as provided under section 23.7 below. The Notice of Appeal must be filed within 15 days after service upon the employee of the Notice of Discipline. Failure to request an appeal hearing within the 15-day period, will constitute waiver of the employee’s right of appeal. The Notice of Discipline shall be served personally on the employee with a proof of service noticed and retained by the department. 23.7 Right to Appeal - An employee has the right to appeal punitive action according to the appeal procedure as set out below. Written notice of discipline shall inform and remind the disciplined employee of this right. A probationary employee (entry level or promotional) rejected during the probationary period shall not be entitled to appeal such rejection via the appeals process. 23.8 Appeal of Punitive Action Not Involving Discharge, Demotion, Reduction in Pay or Suspension The city shall follow the Firefighter Procedural Bill of Rights except where hereinafter noted. The CFA waives the formal appeal of punitive action not involving discharge, demotion, reduction in pay or suspension (e.g. written reprimands) and agrees to the following procedures in which the Fire Chief, or designee, shall issue a binding decision for such discipline. A. Notice of Appeal - Within seven calendar days of receipt of the notice of discipline, a regular employee shall notify the Fire Chief in writing of the employee’s intent to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. B. Presiding Officer - In an informal hearing, the Fire Chief or designee shall be the presiding officer. If the Fire Chief or designee cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the City Manager or designee shall serve as the Presiding Officer. In such cases, the determination of the City Manager shall be final and binding. C. Burden of Proof- The city shall bear the burden of proof at the informal hearing. Based upon a preponderance of the evidence, the Department shall show that the action taken against the employee was reasonable according to the FBOR. March 7, 2023 Item #3 Page 99 of 397 21 D. Conduct of Hearing 1. The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. 2. The parties may present opening statements. 3. The parties may present evidence through documents and testimony. Any witnesses shall testify under oath. 4. Unless the punitive action involves a loss of compensation, the parties shall not be entitled to confront and cross-examine witnesses. 5. Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the Presiding Officer. E. Recording of the Hearing- All hearings may be recorded. If the punitive action involves the loss of compensation, then the hearing shall be electronically recorded with both parties receiving a copy of the record. F. Representation- The employee may be represented by an association representative or attorney of the employee’s choice at all stages of the proceedings. All costs associated with such representation shall be borne by the firefighter. G. Decision- The written decision shall be served in person to the firefighter when practical. The firefighter shall acknowledge receipt in writing and shall be informed that the time within which judicial review must be sought is governed by Code of Civil Procedure §1094.6. In the event the decision cannot be delivered in person, the decision will be delivered to the employee and the employee’s attorney or representative by first class mail, postage prepaid, accompanied by an affidavit or certificate of mailing, and shall advise the firefighter that the time within which judicial review of the decision may be sought. 23.9 Appeal Procedure for any Punitive Action Involving Discharge, Demotion, Reduction of Pay or Suspension A formal appeal procedure shall be available for a disciplinary action involving discharge, demotion, reduction in pay or suspension. The administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. The city will bear all administrative costs associated with a formal appeal of discipline and the subsequent hearing: including the presiding officer, court reporter and transcription costs, if any. The employee or employee organization will be responsible for the cost of the employee’s own representation or attorney fees and preparation documents. March 7, 2023 Item #3 Page 100 of 397 22 A. Notice of Discipline as Accusation- The final notice of discipline which may be issued at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. 1. If, after investigation and any pre-disciplinary response or procedure, the fire department or city decides to impose discipline, the department or the city shall notify the firefighter in writing of its decision to impose discipline within 30 days of its decision, but not less than 48 hours prior to imposing the discipline. 2. The notice shall be prepared and served within the timeframes specified in Government Code Section 3254(d) and in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline. B. Burden of Proof - The burdens of proof and production of evidence shall be borne by the city. The standard of proof shall be by a preponderance of the evidence. C. Evidence - Rules of evidence shall comply with Chapter 5, Section 11513 of the Government Code. D. The appeal proceedings shall be reported by a stenographic reporter. However, upon the consent of all the parties, the proceedings may be reported electronically. E. The formal appeal shall be presided over by an administrative law judge on staff of the State Office of Administrative Hearings, hereafter referred to as the “ALJ”. The ALJ shall preside at the appeal hearing, rule on the admission and exclusion of evidence and determine and rule on all matters of law both procedural and substantive. In conducting the appeal hearing the ALJ shall follow the provisions set forth above. F. Within 30 days after the case is submitted to him or her, the ALJ shall prepare a proposed written decision to be submitted to the City Manager. Within 100 days of receipt by the City Manager of the ALJ’s proposed decision, the City Manager may take any of the following actions: (a) Adopt the proposed decision in its entirety. (b) Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision. (c) Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the City Manager under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision. March 7, 2023 Item #3 Page 101 of 397 23 (d) Reject the proposed decision and refer the case to the same ALJ if reasonably available, otherwise to another ALJ, to take additional evidence. If the case is referred to the ALJ pursuant to this subparagraph, the ALJ shall prepare a revised proposed decision based on the additional evidence and the transcript and other papers that are part of the record of the prior appeal hearing. A copy of the revised proposed decision shall be furnished decision shall be served to each party and each party’s attorney. (e) Reject the proposed decision, and decide the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence. By stipulation of the parties the City Manager may decide the case upon the record without including the transcript. (f) The City Manager’s decision will be reduced to writing and shall be final and binding on the parties. The City Manager’s written decision shall be served on the parties in accordance with Code of Civil Procedure section 1094.6 Government Code 11518 and the decision shall be subject to judicial review pursuant to Code of Civil Procedure section 1094.5/Government Code. ARTICLE 24. GRIEVANCE PROCEDURE 24.1 A grievance is an allegation made by an employee that the employee has been damaged or denied a benefit by the city due to misapplication or a mistaken interpretation of a specific provision of this Agreement, the city’s Personnel Rules or, effective no later than January 1, 2009, any existing Fire Department Directive which falls within the subject matter contained in the scope of bargaining set forth in the Meyers, Milias Brown Act. 24.2 Reviewable and Non-Reviewable Grievances 24.2.1 To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other matters contained in this Agreement over which the Fire Chief or designee has control. (c) Arise out of a specific situation, act, or acts which result in damage to the employee. (d) Arise out of a misinterpretation or misapplication of this Agreement. 24.2.2 A grievance is not reviewable under this procedure: March 7, 2023 Item #3 Page 102 of 397 24 (a) If it is a matter which would require a modification of a policy established by City Council or by law; (b) Is reviewable under some other administrative procedure and/or rules of the City of Carlsbad (See, e.g., Article 24 Discipline), such as: (1) Applications for changes in title, job classification, or salary. (2) Appeals from formal disciplinary proceeding. (3) Appeals from work performance evaluations. 24.3 Special Grievance Procedure Provisions: The following special provisions apply to the grievance procedure. 24.3.1 Procedure for Presentation: In presenting a grievance, an employee shall follow the sequence and the procedure outlined in Section 25.4 of this procedure. 24.3.2 Prompt Presentation: The employee shall discuss the grievance with an immediate supervisor promptly after (i.e., when grievant knew or should have known) the act or omission of management caused the grievance. 24.3.3 Prescribed Form: The written grievance shall be submitted on a form prescribed by the Human Resources Director for this purpose. 24.3.4 Statement of Grievance: The grievance shall contain a statement of: (a) The specific facts or actions, including dates, which constitute the basis for the grievance. (b) The article that was misapplied or misinterpreted. (c) The damage suffered by the employee. (d) The relief sought. 24.3.5 Employee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any one time, unless the person so desires. 24.3.6 Interested Parties: Interested parties may provide information during the hearing of the grievance at any step of the grievance procedure. March 7, 2023 Item #3 Page 103 of 397 25 24.3.7 Handled During Working Hours: Whenever possible, grievances will be handled during regularly scheduled working hours. 24.3.8 Extension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. 24.3.9 Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances may be handled as a single grievance. 24.3.10 Settlement: Any grievance shall be considered settled at the completion of any step if the grievant is satisfied or if the grievant does not appeal the matter to a higher authority within the prescribed time. 24.3.11 Reprisal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Human Resources Department. 24.4 Grievance Procedure Steps: The following procedure shall be followed by an employee submitting a grievance for consideration and action. 24.4.1 Discussion With Supervisor: The employee shall discuss the grievance with the employee’s immediate supervisor informally. Within seven calendar days, the supervisor shall give a decision to the employee verbally. 24.4.2 Step 1: If the employee and the supervisor cannot reach an agreement to resolve the grievance, the employee may within seven calendar days present the grievance in writing to the supervisor. The supervisor shall memorialize the prior verbal decision on the grievance and present the grievance to the next-level supervisor within seven calendar days. The next-level supervisor shall hear the grievance and shall give a written decision to the employee within seven calendar days after receiving the grievance. This portion of this step shall be repeated as necessary until the next-level supervisor is the Assistant Fire Chief. 24.4.3 Step 2: If the employee and the next-level supervisor cannot reach an agreement to resolve the grievance, the employee may within seven March 7, 2023 Item #3 Page 104 of 397 26 calendar days present the grievance in writing to the Fire Chief. The Fire Chief shall hear the grievance and shall give the written decision to the employee within seven calendar days after receiving the grievance. 24.4.4 Step 3: If the employee and Fire Chief cannot reach an agreement as to the solution of the grievance, the employee may file a written request with the Human Resources Director, within seven calendar days, to have the grievance heard by a Hearing Officer selected via the process described in Section 25.4.7. The grievance shall also be presented to the Assistant City Manager who may conduct a meeting with the grievant and/or CFA representative to identify and clarify disputed issues and attempt to resolve the grievance prior to presentation of the grievance to the Hearing Officer. 24.4.5 Step 4: If the matter is not otherwise resolved, the Hearing Officer shall, within 30 calendar days after receipt of the grievance, hear the grievance and render an advisory opinion to the City Manager. The City Manager shall, within 14 calendar days after receipt of the advisory opinion, notify the employee of the final action. 24.4.6 Any of the above steps may be waived by mutual agreement of the parties. 24.4.7 The employee or employee organization and the city agree that the advisory hearing will be conducted before a hearing officer selected by the parties from a list provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a strikeout procedure using a list of seven names provided by the California State Mediation and Conciliation Service. The appellant will have the prerogative of striking the first name. All administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription cost, if any, will be shared equally between the city and the Carlsbad Firefighters’ Association. In the case that the Carlsbad Firefighters’ Association does not support the grievance continuing to the advisory hearing by a hearing officer, all administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription cost, if any, will be shared equally between the city and the employee. The employee or employee organization will be responsible for the cost of the employee’s own representation or attorney fees and preparation of documents. March 7, 2023 Item #3 Page 105 of 397 27 ARTICLE 25. ALCOHOL AND DRUG POLICY I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. “Workplace” means any site where city-assigned work is performed, including city premises, city vehicles or other premises or vehicles, while city-assigned work is being conducted, or within a reasonable time thereafter. 3. “Reasonable suspicion” means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. B. Employee Responsibilities 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on-call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel; c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than March 7, 2023 Item #3 Page 106 of 397 28 five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy. 2. Employees must notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), which may interfere with safe or effective performance of their duties or operation of city equipment. 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee’s employment with the city, consistent with the legal requirements for disciplinary due process. 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. Employees are cautioned against storing personal belongings in work areas under full or joint city control since such work areas may be subject to investigation and/or search under this policy. Employees shall have no expectation of privacy in these areas, locations or properties. Employer searches shall occur when there is a determination of “reasonable suspicion” as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. If the FBOR (Government code section 3259) is applicable to a particular search, then the city will comply with the Act notwithstanding anything to the contrary in this article. For example, the city may conduct searches without notice to the employee or without the employee being present, if a valid search warrant has been obtained. The employee may also consent to a search. March 7, 2023 Item #3 Page 107 of 397 29 Nothing herein shall prevent the city from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. D. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed or allowed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. E. Federal Motor Carrier Safety Improvement Act of 1999 and DOT regulations The parties acknowledge that the Federal Motor Carrier Safety Improvement Act of 1999 (see Attachment B) and the California Vehicle Code apply to unit members. The parties shall comply with the regulations developed by the Department of Transportation to enforce the Act. 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 "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either drugs or alcohol will be rejected for city employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the city has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be: a. Prevented from engaging in other work; and b. Required to submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. March 7, 2023 Item #3 Page 108 of 397 30 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 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; 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 the employee’s job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. March 7, 2023 Item #3 Page 109 of 397 31 7. Employee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed necessary by the city. III. EMPLOYEE ASSISTANCE PROGRAM A. The city has a well-established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the city wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral contacts are held in confidence by the EAP. C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any city policy. ARTICLE 26. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum of Understanding: A. City’s principal authorized agent shall be the City Manager or a duly authorized representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (442) 339-2820, except where a particular city representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 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. B. CFA, Inc., principal authorized agent shall be its President or duly authorized representative. Address: P.O. Box 945, Carlsbad, California 92018-0945; Telephone: (760) 729-3730; Email: iafflocal3730@aol.com. ARTICLE 27. FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is the intent of the parties that this Memorandum set forth the full and entire understanding of matters agreed to upon conclusion of meet and confer sessions which resulted in this Memorandum. Any other matters not contained herein, which were addressed during the course of the meet and confer process, resulting from this Memorandum, are superseded and terminated in their entirety. Any understanding or March 7, 2023 Item #3 Page 110 of 397 32 agreement, not contained herein, whether formal or informal, which occurred during the course of meet and confer sessions, resulting in this Memorandum, are terminated or superseded in their entirety. B. It is the intent of the parties that this Memorandum be administered in its entirety in good faith during its full term. It is recognized that if during such term it may be necessary for the city to propose changes in matters within the scope of representation not contained in this agreement, the city shall notify CFA, Inc., indicating the proposed change prior to its implementation. If CFA, Inc., wishes to consult or negotiate with the city regarding the matter, CFA, Inc., shall notify the city within five working days from the receipt of such notice. Upon receipt of such notice, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problem arising as a result of the change instituted by the city. Where the city makes such changes because of the requirements of the law, the city shall not be required to negotiate the matter of compliance with any such law. Nothing herein shall limit the authority of the city to make such changes required during emergencies. However, the city shall notify CFA, Inc. of such changes as soon as practicable. Such emergency changes shall not extend beyond the period of emergency. “Emergency” shall be defined as an unforeseen circumstance requiring immediate implementation of the change. C. Failure by CFA, Inc. to request consultation or negotiations pursuant to Paragraph B shall be deemed as approval of any action taken by the city. D. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. E. The waiver of any breach, term, or condition of this Memorandum by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 28. PROVISIONS OF LAW It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws and federal and state regulations. If any part or provision of the Memorandum is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum shall not be affected thereby. March 7, 2023 Item #3 Page 111 of 397 33 ARTICLE 29. PARAMEDIC LICENSE PAY Fire Captains and Fire Engineers who retain their paramedic license and San Diego County accreditation will receive paramedic license pay. Effective upon the first day of the first pay period following City Council approval of this MOU, the biweekly pay shall change from $110.77 to the equivalent of 2.5% of the top step Paramedic Firefighter biweekly base salary per pay period. ARTICLE 30. REPORTING VALUE OF UNIFORMS TO CALPERS Effective May 31, 2010, all CFA-represented employees who are required to wear city-provided uniforms will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation related to the monetary value of the required uniforms, excluding boots. Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members. ARTICLE 31. ACTING PAY Whenever the needs of the city require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed for a period of four hours or more, the employee shall receive five percent additional pay while in the acting capacity. Only employees who are on an Eligibility List (maintained by the Human Resources Dept) for the higher classification are eligible to serve in an acting capacity. Appendix A describes the requirements for an employee to be eligible to serve in an acting capacity as of January 1, 2023. An employee may not serve in an acting capacity for more than six months without prior approval from the Fire Chief or designee. ARTICLE 32. DEFERRED COMPENSATION The city shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The city reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented according to the plan document and without cost to the city. Effective the pay period that includes January 1, 2023 and only until the final pay period in calendar year 2025, for Safety Tier 3 employees only, the city shall contribute a dollar amount into a deferred compensation plan on behalf of employees. The biweekly employer contribution will be determined by the following formula: 1. Calculate the difference between the employee contribution rate for Safety Tier 3 employees and the employee contribution rate for Safety Tier 1 & 2 employees. 2. Multiply the result by the employee’s biweekly base salary. March 7, 2023 Item #3 Page 112 of 397 34 ARTICLE 33. LEAVE OF ABSENCE 33.1 Occupational Injuries or Illnesses 33.1.1 Employees in the classifications of Senior Fire Inspector/Investigator, Assistant Fire Marshal, Firefighter, Paramedic Firefighter, Fire Engineer, Fire Captain, Paramedic Lifeguard Lieutenant and Captain Specialist who are temporarily unable to work due to an occupational illness or injury will receive full pay for up to one year as provided in Section 4850 of the Labor Code (“4850 benefits”). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off. All other classifications that sustain a work related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period of up to 45 calendar days for any single incident. The periods of temporary disability need not be continuous. Any aggravation of a pre- existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the employee will not be entitled to any occupational sick leave benefit which exceeds the original maximum of 45 calendar days. The city reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures and standards (including predesignated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers’ compensation matters and/or FMLA/CFRA matters. If the employee continues to be unable to work after the above described benefits have been exhausted and the employee has not been retired, the employee will receive workers’ compensation temporary disability payments as provided in the Labor Code. To the extent these benefits are less than the employee’s full regular pay, the employee shall supplement them by using accrued leave to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence (i.e., the employee would not receive a city paycheck). A sworn employee may not use accrued sick leave after the city approves the employee’s Industrial Disability Retirement (IDR). The employee who is approved for an IDR may choose to cash out up to 50% of their sick leave balance upon separation of employment. The remaining sick leave balance shall be converted to CalPERS service credit. March 7, 2023 Item #3 Page 113 of 397 35 33.2 Non-Occupational Injuries or Illnesses An employee who is temporarily unable to work due to a non-occupational illness or injury will receive those disability benefit payments for which the employee is eligible and applies. To the extent that these benefits are less than the employee’s full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 33.3 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. To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the CFRA or FMLA. 33.4. Leave of Absence Without Pay A. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of the Fire Chief or 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 employee shall utilize all the employee’s vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons: 1. Illness or disability. 2. To take a course of study which will increase the employee’s usefulness on return to the employee’s position in the city service. 3. For personal reasons acceptable to the Fire Chief or designee and City Manager. 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 the Fire Chief or designee, and, March 7, 2023 Item #3 Page 114 of 397 36 if 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. 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 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, the employee shall contact the employee’s Department Head at least 14 calendar days prior to the day the employee plans to return. The Department Head shall promptly notify the Human Resources Department of the employee’s intention. The employee shall return at a rate of pay not less than the rate at the time the leave of absence began. E. Leave Without Pay - Insurance Payments and Privileges An employee on leave without pay may continue city insurance benefits by reimbursing the city for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was received. Upon the employee’s return to paid status, any sums due to the city shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the city and the employee (e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees. 33.5. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued leave and leave without pay to March 7, 2023 Item #3 Page 115 of 397 37 take a leave for a reasonable period of time, not to exceed four months. “Reasonable period of time” means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee shall utilize all accrued leave, except sick 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. Employees disabled by pregnancy may be eligible to return to work on a light duty assignment per the Department Directive regarding a non-occupational illness/injury. 33.6. Extended Leave of Absence Upon completion of either 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) or completion of a leave of absence related to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed below: 1. accrual of sick leave and vacation and 2. holiday pay. On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s salary anniversary date, vacation anniversary date and seniority will be adjusted for each calendar day the leave of absence lasted beyond either 84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer. During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence. Exception for a Probationary Newly Hired Employee When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends beyond 14 consecutive calendar days the probationary period and salary anniversary date shall be extended for each calendar day the employee was on a leave of absence. Other than this exception, all other provisions in this Extended Leave of Absence section apply to a probationary newly hired employee. March 7, 2023 Item #3 Page 116 of 397 38 33.7. Deployment Recovery Leave Effective upon the first day of the first full pay period following City Council approval of this MOU, employees returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to 24 hours to cover the balance of their remaining shift if returning on a regularly scheduled workday. If returning from an incident deployment spanning 240 hours or greater on a regularly scheduled day off, employees shall be granted deployment recovery leave of up to 24 hours to cover the duration of their next regularly scheduled shift so long as that regularly scheduled shift is scheduled to begin within 24 hours of return from the incident. Employees returning from incident deployments spanning 240 hours or greater will not be allowed to work overtime or a trade or be eligible to be force hired unless they have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or a regularly scheduled day off. In the event the department is experiencing a staffing shortage, the Fire Chief or the Fire Chief’s designee may adjust deployment recovery leave as needed until the local staffing shortage is resolved. Issuance or non-issuance of deployment recovery leave is non-grievable. ARTICLE 34. MILITARY LEAVE Military leave shall be authorized in accordance with the applicable provisions of State and Federal law. The employee must furnish satisfactory proof to the Fire Chief or designee, as far in advance as possible, that the employee must report to military duty. ARTICLE 35. JURY DUTY When called to jury duty, an employee, having provided at least five working days written notice from the date of the summons, shall be entitled to the employee’s regular compensation. Employees shall be entitled to city-paid reimbursement for mileage, transit pass or any applicable parking fees while on jury duty. If the employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court. Employees 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. March 7, 2023 Item #3 Page 117 of 397 39 ARTICLE 36. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) INSURANCE AND VOLUNTARY BENEFITS All CFA-represented employees shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. Effective January 1, 2020, all CFA-represented employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. Effective January 1, 2023, all CFA-represented employees shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000. 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 442-339-2440. ARTICLE 37. PROBATIONARY PERIOD 37.1 The initial hire probationary period shall be one year from the date the employee is hired. The probationary period will permit both the supervisor and the employee to become acquainted and to determine the adaptability and the fitness of the employee to the assigned work. The employee will find this period helpful in evaluation of the city, the employee’s duties and work satisfaction. 37.2 All personnel promoted within the Department shall be on probation in the promotional position for a period of one year from the date of promotion. Failure to pass probation shall result in employee being put back to their prior position. 37.3 See Article 33 for the impact of a leave of absence on the probationary period. ARTICLE 38. POST-RETIREMENT HEALTHCARE TRUST The city and CFA, Inc. agree that CFA, Inc. will contract directly with a company of its choosing to provide post-retirement healthcare trust benefits for all represented employees. All CFA represented employees will contribute into the post-retirement healthcare trust established by CFA, Inc. via payroll deductions. CFA, Inc., acknowledges that the city has no administrative responsibilities or liabilities related to this benefit, other than processing of payroll deductions. CFA, Inc. shall hold the city harmless for the city's actions related to this Article and indemnify the city against any liability the city incurs as a result of this Article, including but not limited to, its agreement to allow CFA, Inc., to participate in a post-retirement healthcare trust and/or the city's processing of payroll deductions as set forth in this section. March 7, 2023 Item #3 Page 118 of 397 40 Effective the first pay period of calendar year 2022, the city will contribute $150 per month per employee to the Post-Retirement Healthcare Trust and all CFA represented employees will contribute $250 per month to the Post-Retirement Healthcare Trust. Effective the first pay period of calendar year 2024, the city will contribute $200 per month per employee to the Post-Retirement Healthcare Trust and all CFA represented employees will contribute $200 per month to the Post-Retirement Healthcare Trust. ARTICLE 39. OUTSOURCING The city and CFA agree that the city may contract with public and private entities or individuals to perform any or all plan check activities except the final step in the plan checking process. CFA agrees that the city may contract out these services without meeting and conferring with CFA over the decision to contract these services or the effects of that decision. ARTICLE 40. SURVEY MARKET e In keeping with the City Council’s philosophy of surveying the total compensation of other agencies, the agencies listed below will be considered in the survey market for CFA, Inc. 1. City of Encinitas 2. City of Escondido 3. City of Huntington Beach 4. City of Oceanside 5. City of Poway 6. City of San Marcos 7. City of Solana Beach 8. City of Vista 9. North County Fire District 10. Rancho Santa Fe Fire District ARTICLE 41. EDUCATION INCENTIVE This article shall not be subject to the grievance procedure. 41.1 Level 1: Applicable to all employees represented by CFA, Inc.,. (a) Requirement: Present proof to the Fire Chief or designee of the following: Evidence of the award of each of the following certificates issued by the California State Board of Fire Services: 1. Fire Fighter I, 2. Fire Fighter II, 3. Driver Operator 1A, or An Associate degree March 7, 2023 Item #3 Page 119 of 397 41 4. Driver Operator 1B, and 5. Instructor 1 6. or State Fire Marshal certificate of course completion for Fire Inspector 1A, 1B, 1C and 1D Proof of certification from a California State Fire Marshal course that is deemed equivalent to one of the courses listed above by the Fire Chief or designee shall also meet the requirement. (b) Compensation: Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Fire Chief or designee. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. Effective the first pay period in calendar year 2023, the biweekly compensation shall be equal to 4.5% of the top step Paramedic Firefighter biweekly base salary. 41.2 Level 2: Applicable to all employees represented by CFA, Inc.,. (a) Requirement: Present proof to the Fire Chief or designee of the following: Evidence of the award of the Fire Officer taskbook issued by the California State Board of Fire Services. Or State Fire Marshal certificates of course completion for Fire Inspector 2A, 2B, 2C and 2D. or A Baccalaureate degree (b) Compensation: Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Fire Chief or designee. It is the March 7, 2023 Item #3 Page 120 of 397 42 sole responsibility of the employee to make notification of eligibility for the education incentive pay. Effective the first pay period in calendar year 2023, the biweekly compensation shall be equal to 6.9% of the top step Paramedic Firefighter biweekly base salary. 41.3 An employee that meets the criteria for compensation under more than one level, above, shall receive compensation for only the highest such level for which the employee qualifies. 41.4 Eligibility for education incentive is determined based on the requirements issued by the California State Fire Marshal in place at the time the employee presents evidence of eligibility. ARTICLE 42. WELLNESS The city shall contract with a wellness program provider to provide a wellness program to all CFA employees. Participation in educational components is mandatory. Employees are strongly encouraged to participate in the comprehensive fitness assessment and in the blood chemistry evaluation; however, employees may choose not to participate in either of these two components. All information and results from this general fitness evaluation are confidential in accordance with HIPAA regulations, non-punitive and will be given only to the employee. ARTICLE 43. PAID FAMILY LEAVE Effective January 1, 2020, per Administrative Order No. 84, all CFA-represented employees 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. ARTICLE 44. ASSOCIATION TIME BANK An association time bank will be established to provide leave allowance which can be used by eligible association members to attend conferences, meetings, or other events as approved by the association board. Each year, in December, association members may designate an irrevocable donation of either four or eight hours of the vacation they will accrue the following calendar year, to be converted in February to a dollar value using the employee’s base salary rate that excludes additional pays. An association member will be taxed on the value of the hours at the time of the conversion. The total dollar value of the donated vacation hours will be held by the city and used solely for leave allowance for eligible association members. With prior approval from the Fire Chief or designee and in compliance with the Carlsbad Fire Department Directive #8.2: Vacation, an employee may use the association time bank for leave March 7, 2023 Item #3 Page 121 of 397 43 allowance (a dollar amount in the association leave bank will be converted to hours of leave using the employee’s base salary rate that excludes additional pays). The allowance used for this purpose is not reportable to CalPERS, is not treated as taxable income based on State and Federal law and may not be considered as income available for contributions to a 457 plan. The association time bank will be used on a first come, first serve basis. To the extent the dollar value of the association time bank is less than the amount required for an employee’s leave, the employee may supplement by using accrued vacation and/or compensatory time to reach the amount equal to the employee’s full regular base pay. Annually, the association board may determine a maximum number of hours to be donated in the following calendar year to the association time bank. March 7, 2023 Item #3 Page 122 of 397 44 Appendix A Requirements to Apply for a Promotion and Serve in an “Acting” Capacity Effective January 1, 2023 I. Fire Engineer In order to qualify for participation in the promotional process for the position of Fire Engineer the employee must: 1. Have two years of service in the City of Carlsbad Fire Department. 2. Have completed Driver Operator 1A and Driver Operator 1B (or the equivalent courses as defined by the Fire Chief or designee). To be eligible to serve in a Fire Engineer acting capacity, and employee must be on a current City of Carlsbad Fire Engineer eligibility list (maintained by the Human Resources Department). II. Fire Captain In order to qualify for participation in the promotional process for the position of Fire Captain the employee must: 1. Have three years of service in the City of Carlsbad Fire Department. 2. Have completed all State Fire Marshal courses required to obtain a Company Officer Task Book (or the equivalent courses as defined by the Fire Chief or designee). 3. Have completed the course, Hazardous Materials IC (HAZ-MAT IC) 4. Have completed all courses required to be certified as an Engine Boss Trainee (T), per the Carlsbad Fire Department CICCS Certification Form (or the equivalent courses as defined by Appendix A of the CICCS Qualification Guide. 5. Have passed a Carlsbad Fire Department Engineer Exam To be eligible to serve in a Fire Captain acting capacity, and employee must be on a current City of Carlsbad Fire Captain eligibility list (maintained by the Human Resources Department). March 7, 2023 Item #3 Page 123 of 397 45 Appendix B COMPENSATION AND BENEFITS SUMMARY – EMPLOYEES WORKING A REDUCED FTE SCHEDULE For employees in the Fire Prevention Bureau working a reduced FTE schedule (0.75 FTE), pro-rated pay and benefits are calculated based on 75% of the full time pay and benefits as outlined below. The standard 0.75 FTE work schedule is 30 hours per week. If, occasionally, the employee works more than 30 hours per week, the time worked should be reported appropriately to payroll. Working more than 30 hours per week should not be a continual or regular practice and may result in jeopardizing the reduced FTE schedule. COMPENSATION Employees will be compensated at an hourly rate derived from the current bi-weekly salary schedule (i.e., the amount published on the biweekly salary schedule divided by 80 to calculate the hourly rate). Salary will be calculated based on the number of actual hours worked and salary earned. Overtime Employees will be paid overtime after working in excess of 40 hours a week. Extra hours worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in accordance with the Fair Labor Standards Act (FLSA). ADDITIONAL PAY & CITY CONTRIBUTIONS TO EMPLOYEE ACCOUNTS Employees who are eligible for the following add-on pays will receive an amount that is prorated at 75%. • Bilingual Pay • Education Incentive Note: The city contribution to deferred compensation for Safety Tier 3 employees is calculated using the same percentage of actual base salary earnings that is used for full-time employees. The city contribution to a Post Retirement Healthcare Trust will be equal to the same amount contributed for a full-time employee. OTHER Health Insurance Employees are eligible to participate in the same health insurance program as full-time employees, may select one of the city’s medical plans and will be enrolled with full benefit coverage. Reduced FTE employees will be eligible for benefits credits at a 75% prorated amount. For more information, refer to the city’s benefit rate sheets. Leave Accruals and Holiday Pay • SICK LEAVE AND VACATION: Accruals are prorated at 75%. March 7, 2023 Item #3 Page 124 of 397 46 • HOLIDAY PAY: Employees receive six hours of holiday pay per holiday. If a holiday falls on a day the employee is NOT normally scheduled to work, the employee will agree with the employee’s supervisor when to take off a regularly scheduled work shift in that same pay period as a holiday. An employee whose scheduled shift duration exceeds the six hours of holiday pay may get approval from their supervisor to work extra hours in the pay period in which a holiday falls to make up for the reduced number of hours paid for the holiday. In this case, it is NOT required to use leave balances to make up for the fewer hours paid on a holiday. However, on a non-holiday, if an employee leaves early or takes time off, accrued leave balances must be exhausted prior to taking leave without pay. CalPERS Retirement Per CalPERS law, retirement benefits are calculated based on reportable earnings and actual hours worked. Employee retirement contributions are calculated as a percent of reportable wages earned. Short Term/Long Term Disability and Life/AD&D Insurance These benefits are determined using an employee’s ¾ time regular annual base salary. Employees are enrolled in the city’s short and long-term disability insurance plans (3/4 -time employees are not eligible for enrollment in the CFA LTD plan). Dues A ¾-time employee does not pay CFA dues. March 7, 2023 Item #3 Page 125 of 397 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to · s Memorandum of Understanding the day, month, and year first above written. Date Approved as to form: ~It-.~ CINDIE MCMAHON, City Attorney CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. 2/13/2023 TODD HOLMES, President Date 47 March 7, 2023 Item #3 Page 126 of 397 Attachment C 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 6 1. Vacation ..............................................................Page 6 2. Executive Leave .................................................Page 9 3. Sick Leave ..........................................................Page 9 4. Bereavement Leave ............................................Page 11 5. Leave Without Pay .............................................Page 11 6. Pregnancy Disability Leave ................................Page 12 7. Family and Medical Leave Acts .........................Page 13 8. Military Leave ....................................................Page 13 9. Jury Duty ............................................................Page 13 10. Extended Leave of Absence ...............................Page 13 11. Paid Family Leave ..............................................Page 14 Separation Compensation ................................................Page 14 Holidays ...........................................................................Page 14 Health Benefits.................................................................Page 15 Health Insurance for Retirees...........................................Page 16 Physical Fitness Reimbursement .....................................Page 16 Short-Term and Long-Term Disability Insurance (LTD) Page 17 Deferred Compensation ...................................................Page 17 Drug and Alcohol Policy .................................................Page 17 Uniform Reimbursement and Reporting the Value of Uniforms to CalPERS ..................................................Page 18 Fire Safety Management ..................................................Page 18 Special Assignment and Temporary Upgrade Pay ..........Page 20 Educational Incentive Pay................................................Page 21 March 7, 2023 Item #3 Page 127 of 397 Management Compensation and Benefits Plan 2 Revised 3/7/2023 SECTION 1: INTRODUCTION The Management Compensation and Benefits Plan contains three parts: 1) an introduction, 2) an overview of compensation and 3) a description of benefits for management employees. Definitions 1. Management Employees - Management employees are defined as those employees whose classifications are listed on the Management Salary Structure. Except as to those management employees subject to an applicable law, all management employees are considered “at-will” and have no property rights to their position. At will employment with the city may be terminated at any time by either party, with or without cause, for any reason or no reason whatsoever, and with or without advance notice. At will employees do not have the right to appeal. 2. City Council Appointed Employees - The City Manager and City Attorney are hired by and responsible directly to the City Council. The salaries for these positions shall be set by the City Council. The City Manager and City Attorney will not be subject to the provisions of the Compensation program as outlined in Section 2 of this document. The schedule of management benefits (as outlined in Section 3 of this document) will apply to these positions, except as otherwise provided by the City Council. SECTION 2: COMPENSATION Pay Ranges Each management job classification is assigned to a specific pay range. An employee may be paid anywhere in the pay range associated with their job classification. Any employee may be advanced in the pay range regardless of the length of time served at the employee’s present pay rate. This advancement requires the written recommendation of the employee’s manager and the approval of the employee’s department head and City Manager (or City Attorney, for management employees in the City Attorney’s Office)1. If, as a result of a pay range adjustment, an employee’s base salary falls below the minimum of the pay range, the employee’s salary will be increased to the new range minimum as of the date City Council approves the pay range adjustment. Periodically the Human Resources Department will bring forth salary range movement recommendations to City Council that are based on market and economic conditions, and may include one or more salary ranges. _____________________________ 1 Hereafter, all references to the City Manager include, with regard to management employees in the City Attorney’s Office, the City Attorney. March 7, 2023 Item #3 Page 128 of 397 Management Compensation and Benefits Plan 3 Revised 3/7/2023 Compensation Adjustments Effective January 1, 2023, all management employee salaries will be increased by 3.5%. 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 March 7, 2023 Item #3 Page 129 of 397 Management Compensation and Benefits Plan 4 Revised 3/7/2023 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 $5,000 multiple, unless the amount equals a $5,000 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 $5,000 multiple, unless the amount equals a $5,000 multiple. Effective January 1, 2023, all CCEA-represented employees shall receive city-paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000. 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 442-339-2440. 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). March 7, 2023 Item #3 Page 130 of 397 Management Compensation and Benefits Plan 5 Revised 3/7/2023 A. The city has contracted with CalPERS for the following retirement benefits: Miscellaneous “Classic” Members (those that do not qualify as “New Members” as defined below) a) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 - The retirement formula shall be 3% @ 60; single highest year final compensation. b) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 - The retirement formula shall be 2% @ 60; three year average final compensation. 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 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 six 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. 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 the required PEPRA member contribution rate as established by CalPERS. March 7, 2023 Item #3 Page 131 of 397 Management Compensation and Benefits Plan 6 Revised 3/7/2023 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 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 the employee’s leave account to cover the absence, deductions without pay will be made on full days only. 1. Vacation a. Vacation Accrual Every management employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15 minute increments. All management employees (except Fire Battalion Chiefs, Assistant Police Chief, and Police Chief) shall earn vacation on the following basis: - Beginning with the first working day through the completion of five full calendar years of continuous service - 13 minutes/day. - Beginning the sixth year of employment through the completion of 10 full calendar years of continuous service - 20 minutes/day. - Beginning the 11th year of employment through the completion of 11 full calendar years of continuous service - 21 minutes/day. - Beginning the 12th year of employment through the completion of 12 full calendar years of continuous service - 22 minutes/day. - Beginning the 13th year of employment through the completion of 13 full calendar years of continuous service - 24 minutes/day. - Beginning the 14th year of employment through the completion of 15 full calendar years of continuous service - 25 minutes/day. - Beginning the 16th year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter. March 7, 2023 Item #3 Page 132 of 397 Management Compensation and Benefits Plan 7 Revised 3/7/2023 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 320 hours of vacation. Effective March 20, 2023 the vacation accrual maximum will increase to 400 hours. No employee will be allowed to earn and accrue vacation hours in excess of the maximum.* The City Manager shall be responsible for the granting of vacation to all management personnel, except in the case of the City Attorney’s Office, where the City Attorney shall be responsible for granting vacation. * If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, the employee 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 496 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 336 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. March 7, 2023 Item #3 Page 133 of 397 Management Compensation and Benefits Plan 8 Revised 3/7/2023 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. 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 will be cashed out in July. 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, 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- March 7, 2023 Item #3 Page 134 of 397 Management Compensation and Benefits Plan 9 Revised 3/7/2023 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 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 64 hours per fiscal year for executive leave. The 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 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. All management employees, except for Fire Battalion Chiefs, accrue 16 minutes of sick leave 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 100 hours of sick leave shall be permitted to convert up to 12 days of sick leave and uncompensated sick leave to vacation at a ratio of three sick leave days per one 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. March 7, 2023 Item #3 Page 135 of 397 Management Compensation and Benefits Plan 10 Revised 3/7/2023 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 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. 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 employee or an employee’s family member (e.g., to recuperate from or receive treatment for personal injuries or illnesses, to care for an injured or ill family member or to attend medical, dental or optometry appointments). 2. If the employee 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), domestic violence services, or medical or mental health treatment. Employees shall be required to account for all hours they are requesting as sick leave via the city’s timekeeping/scheduling system. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws. March 7, 2023 Item #3 Page 136 of 397 Management Compensation and Benefits Plan 11 Revised 3/7/2023 If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated. Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965. 4. Bereavement Leave An employee may use up to an equivalent of three work days of paid bereavement leave if required to be absent from duty due to the death of a member of the employee’s immediate family. Effective Jan. 1, 2023, an additional two days may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. 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 To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the CFRA or FMLA. a. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of the employee’s 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 designee is required. An employee shall utilize all accrued 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, 2. to take a course of study which will increase the employee’s usefulness on return to the employee’s position in the city service, or 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 March 7, 2023 Item #3 Page 137 of 397 Management Compensation and Benefits Plan 12 Revised 3/7/2023 probable date of return, and the agreement to reimburse the city for any benefit premiums paid by the city during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by the employee’s Department Head, and, if 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. 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 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, the employee shall contact the employee’s Department Head at least 14 calendar days prior to the day the employee 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 the employee’s city insurance benefits by reimbursing the city for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was received. Upon the employee’s return to paid status, any sums due to the city shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the city and the employee (e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees (e.g., holiday pay), unless required by law. 6. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed March 7, 2023 Item #3 Page 138 of 397 Management Compensation and Benefits Plan 13 Revised 3/7/2023 to utilize a combination of accrued leave and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except sick 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 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. 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 the employee’s Department Head, as far in advance as possible, that the employee must report to military duty. 9. Jury Duty When called to jury duty, an employee shall be entitled to the employee’s 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. If an employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court. Employees shall be entitled to keep mileage reimbursement and/ or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees. 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. March 7, 2023 Item #3 Page 139 of 397 Management Compensation and Benefits Plan 14 Revised 3/7/2023 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. During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence. 11. Paid Family Leave Effective January 1, 2020, per Administrative Order No. 84, all management employees 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. 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 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 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. March 7, 2023 Item #3 Page 140 of 397 Management Compensation and Benefits Plan 15 Revised 3/7/2023 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 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. 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 eligible dependents and those retirees mentioned in the section of this document titled, “Health Insurance for Retirees,” 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 employee must select one medical plan from the variety of medical plans offered through CalPERS. The city will contribute monthly amounts (called “Benefits Credits”) on behalf of each active management employee and eligible dependents toward the payment of medical premiums under the CalPERS Health Program. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference. 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. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and March 7, 2023 Item #3 Page 141 of 397 Management Compensation and Benefits Plan 16 Revised 3/7/2023 dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income. All management employees who work three quarter-time or less will receive prorated Benefits Credits. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance Employees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level. 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 proof of alternative minimum essential coverage as defined by the Affordable Care Act. For those employees who are covered under another employer sponsored group insurance program, thebenefits credits associated with waiving medical coverage will be $400 per month. 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 the retiree’s 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 $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. March 7, 2023 Item #3 Page 142 of 397 Management Compensation and Benefits Plan 17 Revised 3/7/2023 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, will provide city-paid short-term disability insurance for all management employees 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 employee’s pre-disability base salary, up to a maximum base salary of $200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. Long-Term Disability The city will provide city-paid long-term disability insurance for all management employees. Effective January 1, 2020, the waiting period prior to payment eligibility shall be 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. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. 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 with short-term and long-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the disability payments. 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. March 7, 2023 Item #3 Page 143 of 397 Management Compensation and Benefits Plan 18 Revised 3/7/2023 Uniform Reimbursement & Reporting the Value of Uniforms to CalPERS Reimbursement to the Police Chief and Assistant Police Chief for the cost of purchasing and maintenance of required uniforms shall be $34.62 per pay period. Effective May 31, 2010, all fire management employees who are required to wear city-provided uniforms will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation related to the monetary value of the required uniforms, excluding boots. Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members. Fire Safety Management 1. Post-Retirement Healthcare Trust Employees promoted into a fire safety management classification from a position represented by 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). March 7, 2023 Item #3 Page 144 of 397 Management Compensation and Benefits Plan 19 Revised 3/7/2023 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% above their base hourly pay rate. A Fire Battalion Chief who is assigned to an 80 hour/pay period schedule administrative assignment will not be available to work shift overtime on days they are assigned to an administrative assignment unless authorized by the Fire Chief or 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. 7. Deployment Recovery Leave Effective March 20, 2023, Fire Safety Management employees returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to 24 hours to cover the balance of their remaining shift if returning on a regularly scheduled workday. If returning from an incident deployment spanning 240 hours or greater on a regularly scheduled day off, Fire Safety Management employees shall be granted deployment recovery leave of up to March 7, 2023 Item #3 Page 145 of 397 Management Compensation and Benefits Plan 20 Revised 3/7/2023 24 hours to cover the duration of their next regularly scheduled shift so long as that regularly scheduled shift is scheduled to begin within 24 hours of return from the incident. Fire Safety Management employees returning from incident deployments spanning 240 hours or greater will not be allowed to work overtime or a trade or be eligible to be force hired unless they have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or a regularly scheduled day off. In the event the Fire Department is experiencing a staffing shortage, the City Manager or designee may adjust deployment recovery leave as needed until the local staffing shortage is resolved. 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 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 greater than the employee’s 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 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 21 consecutive calendar days, and the assignment nonetheless extends beyond 21 consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the Human Resources Director as recommended by the affected Department Head. Exceptions to the minimum qualifications criteria may be recommended by the affected Department Head on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification the employee 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 180 calendar days in a special assignment unless approved by the City Manager or 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 21 calendar days, the temporary upgrade pay associated with their special assignment shall cease on the 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. An employee in a special assignment shall be eligible to receive pay increases in the employee’s 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 March 7, 2023 Item #3 Page 146 of 397 Management Compensation and Benefits Plan 21 Revised 3/7/2023 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 $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. March 7, 2023 Item #3 Page 147 of 397 Attachment D 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 Health Insurance/Flexible Benefits Program Page 9 Section 13 Holidays Page 11 Section 14 Retirement Benefits Page 12 Section 15 Americans With Disabilities Act and Other Fair Employment Laws Page 13 Section 16 Family Leave Acts Page 13 Section 17 Alcohol and Drug Policy Page 13 Section 18 Paramedic License Pay Page 17 Section 19 Reporting Value of Uniforms to CalPERS Page 17 Section 20 Deferred Compensation Page 18 Section 21 Leave of Absence Page 18 Section 22 Military Leave Page 21 Section 23 Jury Duty Page 21 Section 24 Life/Accidental Death & Dismemberment Insurance and Voluntary Benefits Page 22 Section 25 Wellness Page 22 Section 26 Paid Family Leave Page 22 Section 27 Defense and Indemnification Page 23 March 7, 2023 Item #3 Page 148 of 397 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 duties set 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-employment screening to determine whether the EMT is an appropriate candidate for employment as an EMT for the city; (2) Provide the EMT with any uniforms, tools and equipment as the city deems appropriate; March 7, 2023 Item #3 Page 149 of 397 Attachment D 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 Chief or 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 competitive process 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 same vacation 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. March 7, 2023 Item #3 Page 150 of 397 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 with requirements of the Fair Labor Standards Act (FLSA) and any other federal or state employment laws 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 fire suppression/operations schedule on 24-hour shifts. An EMT shall receive overtime compensation for 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 be modified and/or updated from time to time at the sole discretion of the Fire Chief or designee in accordance with federal, state, and/or local laws governing employment. D. In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for emergency call-back), and time spent conducting bona fide volunteer activities. 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 discretion of the city. Such changes include, without limitation: (1) number of days/hours to be worked on a daily basis and in a payroll period; (2) normal days off; and (3) starting/ending times of assigned shifts. March 7, 2023 Item #3 Page 151 of 397 Attachment D 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. An additional two shifts may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. 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 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 $200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. The EMT shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. EMTs shall combine accrued paid time off with short-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the short-term disability payments. March 7, 2023 Item #3 Page 152 of 397 6 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. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. 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 Accrual The annual vacation leave accrual schedule will be: Less than 3 full calendar years of continuous service -13 minutes/day 3 through 4.99 full calendar years of continuous service -16 minutes/day 5 through 9.99 full calendar years of continuous service -20 minutes/day 10 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/day 13 through 14.99 full calendar years of continuous service -25 minutes/day 15 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 Maximum An EMT will not be allowed to earn and accrue vacation hours in excess of the 320 hour maximum. Effective March 20, 2023, the vacation accrual maximum shall be increased to 400 hours. 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. March 7, 2023 Item #3 Page 153 of 397 Attachment D 7 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 election by 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. 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 will be cashed out in July. 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 March 7, 2023 Item #3 Page 154 of 397 8 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 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. March 7, 2023 Item #3 Page 155 of 397 Attachment D 9 Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws. 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. Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965. 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. 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). In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay on or before March 20, 2023 will not be required to pass the test until March 20, 2026. SECTION 12. HEALTH INSURANCE/FLEXIBLE BENEFITS PROGRAM EMTs will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and dismemberment insurance March 7, 2023 Item #3 Page 156 of 397 10 (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 alternative minimum essential coverage as defined by the Affordable Care Act. Effective the pay period that includes December 31, 2022, for those EMTs who are covered under another employer sponsored group insurance program, the Benefits Credits associated with waiving medical coverage will be set equal to $400 per month. 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. March 7, 2023 Item #3 Page 157 of 397 Attachment D 11 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. 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. March 7, 2023 Item #3 Page 158 of 397 12 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. 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 March 7, 2023 Item #3 Page 159 of 397 Attachment D 13 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 (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. March 7, 2023 Item #3 Page 160 of 397 14 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), 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. March 7, 2023 Item #3 Page 161 of 397 Attachment D 15 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. 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. March 7, 2023 Item #3 Page 162 of 397 16 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; 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. March 7, 2023 Item #3 Page 163 of 397 Attachment D 17 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. 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. March 7, 2023 Item #3 Page 164 of 397 18 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 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. March 7, 2023 Item #3 Page 165 of 397 Attachment D 19 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 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 March 7, 2023 Item #3 Page 166 of 397 20 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 utilize a combination of accrued leave 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. An EMT shall utilize all accrued leave, except sick leave, prior to taking leave without pay. 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 March 7, 2023 Item #3 Page 167 of 397 Attachment D 21 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. G. Deployment Recovery Leave Effective March 20, 2023, EMTs returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to 24 hours to cover the balance of their remaining shift if returning on a regularly scheduled workday. If returning from an incident deployment spanning 240 hours or greater on a regularly scheduled day off, EMTs shall be granted deployment recovery leave of up to 24 hours to cover the duration of their next regularly scheduled shift so long as that regularly scheduled shift is scheduled to begin within 24 hours of return from the incident. EMTs returning from incident deployments spanning 240 hours or greater will not be allowed to work overtime or a trade or be eligible to be force hired unless they have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or a regularly scheduled day off. In the event the department is experiencing a staffing shortage, the Fire Chief or the Fire Chief’s designee may adjust deployment recovery leave as needed until the local staffing shortage is resolved. 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 March 7, 2023 Item #3 Page 168 of 397 22 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 while on jury duty. If the EMT also receives any compensation from the court for serving on a jury, the EMT will reimburse the city for the amount they received from the court. 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. Effective January 1, 2023, EMTs shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000. 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 442-339-2440. 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. March 7, 2023 Item #3 Page 169 of 397 Attachment D 23 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. March 7, 2023 Item #3 Page 170 of 397 3/7/23 Page 1 of 24 Attachment E PERSONNEL RULES AND REGULATIONS TABLE OF CONTENTS PURPOSE……………………………………………………………… Page 2 1. PURPOSE AND DEFINITIONS…………………………………. Page 2 2. GENERAL PROVISIONS………………………………………… Page 4 3.CLASSIFICATION……………………………………………….. Page 5 4. PAY BENEFITS…………………………………………………… Page 6 5. APPLICATIONS AND APPLICANTS…………………………… Page 8 6.EXAMINATIONS…………………………………………………. Page 8 7. EMPLOYMENT LISTS…………………………………………… Page 9 8. METHOD OF FILLING VACANCIES…………………………… Page 10 9. PROBATIONARY PERIOD…………………………………… Page 11 10. ATTENDANCE AND LEAVES…………………………………. Page 12 11. CHANGES IN EMPLOYMENT STATUS………………………. Page 18 12. GRIEVANCE PROCEDURES ................................................... Page 21 13. TRAINING AND EDUCATION BENEFITS ................................ Page 23 14. REPORTS AND RECORDS ..................................................... Page 24 15. RULES OF APPEAL TO HEARING OFFICER .......................... Page 24 March 7, 2023 Item #3 Page 171 of 397 3/7/23 Page 2 of 24 Attachment E PERSONNEL RULES AND REGULATIONS Purpose: The objectives of these rules are to facilitate the delivery of top quality service to the public and to provide for a fair and equitable merit system of personnel management. They implement the Personnel Ordinance by setting forth in detail those procedures that ensure comparable treatment for those who compete for employment and promotion. In addition, in the absence of an applicable provision in a Memorandum of Understanding (MOU) between the City and an exclusively recognized employee organization, these rules define the obligations, rights, privileges, benefits, and prohibitions placed upon all employees in the classified service. These rules are supplemented by City Council policies, City Manager Administrative Orders, and Department Directives. The City Manager, as the City’s personnel officer, is responsible for administering and interpreting these rules and supplemental policies, orders, and directives in a manner consistent with applicable local, state, and federal law. I. PURPOSE AND DEFINITIONS 1.1 Definitions: The following terms when in these rules mean the following: 1.1.1 “Advancement” means a salary increase of one or more steps within the limits of the pay range established for a classification. 1.1.2 “Allocation” means the assignment of a position to a classification and pay range based on the duties, responsibilities, and discretion of the position. 1.1.3 “Appointing Authority” means the City Manager and other employees of the City who have designated power under the Carlsbad Municipal Code to appoint, discipline, and discharge employees. 1.1.4 “City Manager” means the City Manager or duly authorized representatives. To aid in administration, duly authorized representatives, such as the Human Resources Director, have been identified where appropriate throughout these rules. The identification of a duly authorized representative in these rules does not preclude the City Manager from authorizing different or additional representatives when the City Manager determines it is necessary to do so in order to accomplish the purposes of these rules. 1.1.5 “Classification” means all positions sufficiently similar in duties, authorities and responsibilities to permit grouping under a common title and the application of common standards of selection, transfer, promotion, and pay. March 7, 2023 Item #3 Page 172 of 397 3/7/23 Page 3 of 24 Attachment E 1.1.6 “Classified Service” means all positions and employees except those excluded by Chapter 2.44, section 2.44.030, of the Carlsbad Municipal Code. 1.1.7 “Demotion” means the movement of an employee from one classification to another classification having a lower maximum rate of pay. 1.1.8 “Department” means an office, department or institution of the City. 1.1.9 “Department Head” means the chief executive officer of a department. 1.1.10 “Eligible” means a person whose name is on an employment list. 1.1.11 “Employment List” means a list of names of persons who have taken an examination for a classification and have qualified for employment in that classification. 1.1.12 “Examination” means an examination for a particular classification. 1.1.13 ”Hourly Employee” means an employee who does not hold a budgeted/authorized position and who works less than 1,000 hours in any one fiscal year. Hourly employees are not included in the classified service. 1.1.14 “Limited Term Employee” means a regular employee who has been retained in the classified service who has successfully completed probation and has been retained for a defined period of time. 1.1.15 “Limited Term Position” means a position authorized by the City Council and anticipated to last for a defined period of time. 1.1.16 “Merit Service” means all positions and employees except those excluded by Chapter 2.44, section 2.44.030, of the Carlsbad Municipal Code. 1.1.17 “Personnel Ordinance” means Chapter 2.44 of the Carlsbad Municipal Code. 1.1.18 “Probationary Period” means a working test period during which an employee is required to demonstrate fitness for the duties to which the employee is appointed by actual performance of the duties of the position in a manner acceptable to the appointing authority. 1.1.19 “Promotion” means the movement of an employee from one classification to another classification having a higher maximum rate of pay. 1.1.20 “Provisional Appointment” means the appointment of a person holding a regular position that possesses the minimum qualifications established for a particular classification and who has been temporarily appointed to a position in that classification in the absence of available eligibles. March 7, 2023 Item #3 Page 173 of 397 3/7/23 Page 4 of 24 Attachment E 1.1.21 “Reallocation” means movement of an existing classification and/or position from one pay range to another. Budgeted reallocations or reallocations with no fiscal impact may be authorized by the City Manager. All other reallocations must be authorized by the City Council. 1.1.22 “Reclassification” means a change in the allocation of a position by placing it in a higher existing classification, a lower existing classification, or a comparable existing classification based on substantial changes in the kind, difficulty, and/or scope of duties performed in the position. Budgeted reclassifications or reclassifications with no fiscal impact may be authorized by the City Manager. All other reclassifications must be authorized by the City Council. 1.1.23 “Reduced-Time Regular Employee” means a regular employee who works less than full-time. 1.1.24 “Reduction in Pay” means a salary decrease within the limits of the pay range established for a classification. 1.1.25 “Regular Employee” means an employee in the classified service who has successfully completed probation and has been retained as provided for in these rules. 1.1.26 “Regular Position” means a position authorized by the City Council and anticipated to last for an indefinite period of time. 1.1.27 “Reinstatement”: means the reemployment without examination of a former regular or probationary employee. 1.1.28 “Rejection” means the separation of an employee from the service during the employee’s probationary period. 1.1.29 “Suspension” means the temporary separation from the service of an employee without pay, for disciplinary purposes. 1.1.30 “Temporary Position” means a full-time or part-time position of limited duration that has been authorized by the City Council. Temporary positions are not included in the classified service. 1.1.31 “Transfer” means a change of an employee from one position to another position in the same classification or another classification having essentially the same maximum salary limits, involving the performance of similar duties and requiring substantially the same basic qualifications. 2. GENERAL PROVISIONS 2.1 Fair Employment. The City is committed to maintaining a respectful workplace and to providing equal employment opportunity to all applicants and employees regardless of race, sex, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, veteran’s status, age, or sexual orientation. For additional information, refer to Administrative Order No. 45. March 7, 2023 Item #3 Page 174 of 397 3/7/23 Page 5 of 24 Attachment E 2.2 Political Activity. The political activities of City employees must conform to the pertinent provisions of state law. 2.3 Meet and Confer. The City Manager will negotiate those matters which are subject to the “meet and confer” process as specified in Government Code sections 3500 et seq. (also known as the Meyers-Milias-Brown Act or the MMBA). For additional information, refer to Chapter 2.48 of the Carlsbad Municipal Code and the City’s Employer-Employee Relations Rules and Regulations. 2.4 Violation of Rules. Violation of the provisions of these rules will be grounds for suspension, reduction in pay, demotion, rejection, and dismissal, or other disciplinary action. 2.5 Amendment and Revision of Rules. Recommendations for amendments and revisions of these rules may be made by the City Manager. The City Council will consider the proposed amendments and revisions at a duly noticed public meeting. Prior to the City Council’s consideration of the proposed amendments and revisions, the City Manager will provide affected employee organizations with written notice of the proposed amendments and revisions and an opportunity to meet and confer (or, where applicable, meet and consult) as to those matters that are within the scope of representation as defined by the Meyers-Milias-Brown Act. Amendments and revisions will become effective upon their adoption by the City Council. 3. CLASSIFICATION 3.1 Preparation of Classification Plan. All regular positions in the classified service will be grouped into classifications and designated salary ranges by resolution of the City Council. Each classification will include those positions sufficiently similar in duties and responsibilities to require similar standards of education, experience, knowledge, skills, and abilities. The Human Resources Director will be responsible for preparing and maintaining classification specifications for all positions. The specifications will include, without limitation, a list of typical duties, and a statement of the minimum qualifications required for appointment. All classification specifications will describe duties which employees occupying positions in the classification may be required to perform and will also include a statement that employees are not precluded from being assigned other duties that are not listed on the classification specification. Classification specifications are illustrative rather than exhaustive. The listing of particular tasks does not preclude the assignment of other tasks of related kind or character, or requiring lesser skills. 3.2 Adoption of Classification Plan. Before the classification plan or any part of it will become effective, it must first be approved in whole or in part by resolution of the City Council at a public meeting. Prior to submission of the classification plan to the City Council for consideration, the City Manager will provide affected employee organizations with written notice of the plan components and an opportunity to meet and confer (or, where applicable, meet and consult) as to those matters that are within the scope of representation as defined by the MMBA. Upon adoption by the City Council, by resolution, the March 7, 2023 Item #3 Page 175 of 397 3/7/23 Page 6 of 24 Attachment E provisions of the classification plan will be observed in the handling of applicable personnel actions and activities. 3.3 Administration and Maintenance of Classification Plan. The City Manager will be responsible for administration and maintenance of the classification plan. Periodically, the City Manager will review the classification plan to ensure that it accurately reflects the duties and responsibilities of the positions covered by it. The City Manager is authorized to make any amendments or revisions to the classification plan that are budgeted or will not result in a fiscal impact. All other amendments or revisions must be submitted to the City Council for approval in the same manner described in section 3.2 above. 3.4 New Classifications. When a new classification is created, no person may be appointed to fill a position in that classification until the classification plan has been amended to include it. After the classification has been included in the classification plan, positions in the classification will be filled in accordance with these rules. 3.5 Reclassification. Positions, the duties of which have changed materially so as to necessitate a reclassification, will be allocated to a more appropriate classification, whether new or existing. An employee in a position that is reclassified may be directly appointed to the reclassified position if the City Manager determines that the employee is currently satisfactorily performing a substantial amount of the duties and responsibilities of the reclassified position and meets the minimum qualifications for the position. Reclassification may not be used for the purpose of avoiding limitations surrounding demotions and promotions. 4. PAY AND BENEFITS 4.1 Preparation of Pay Plan. The Human Resources Director will prepare a pay plan covering all classifications in the classified service, showing the minimum and maximum rates of pay. In determining the pay ranges, the Human Resources Director will consider the prevailing rates of pay for comparable work in other public agencies and in private employment as well as the existing differences in the duties and responsibilities as set forth in the classification plan. No position may be assigned a rate of pay higher than the maximum or lower than the minimum rate of pay provided for that position’s classification. 4.2 Adoption of Plan. The Human Resources Director will submit the proposed pay plan to the City Council for approval and adoption. After the pay plan has been approved and adopted, the Human Resources Director will periodically conduct further studies to determine if the pay ranges in the pay plan remain appropriate. If the studies indicate that an amendment to the pay plan is necessary, the Human Resources Director will submit the amended pay plan to the City Council for approval and adoption. The Council will adopt or amend and adopt the proposed plan. 4.3 Application of Rates. 4.3.1 Employees occupying a position in the classified service will be paid at a rate within the pay range established in the pay plan for that position’s classification. Newly hired employees March 7, 2023 Item #3 Page 176 of 397 3/7/23 Page 7 of 24 Attachment E will be started at the minimum rate of pay for their position’s classification unless the City Manager, or designee, determines that qualified applicants are not available at the minimum rate of pay or that an applicant has special qualifications that justify a higher rate of pay. 4.3.2 A transfer will not affect an employee’s rate of pay. 4.3.3 Employees reemployed after layoff will receive a rate of pay within the pay range established for the classification of the position in which they are reemployed. 4.4 Advancement Within a Pay Range. Employees will be considered for pay adjustments within the pay ranges for their respective positions in accordance with the following schedule: (a) Step 2 – at the satisfactory completion of the probationary period in Step 1. (b) Step 3 – at the satisfactory completion of one year of service in Step 2. (c) Step 4 – at the satisfactory completion of one year of service in Step 3. (d) Step 5 – at the satisfactory completion of one year of service in Step 4. (e) Step 6 (if applicable) – at the satisfactory completion of one year of service in Step 5. (f) Any additional steps will follow the above process. Advancements to a higher step will be approved by the Human Resources Director and the employee’s manager. Approved step increases will be effective on employee’s anniversary date. Any non-probationary employee may be advanced to the next higher step in the pay range regardless of the length of time served at the employee’s present step. This advancement requires the written recommendation of the employee’s manager, the approval of the employee’s department head, the Human Resources Director and the City Manager. 4.5 Promotion or Advancement in Rate of Pay. When an employee is promoted, the employee will be advanced to the lowest step in the higher range which will provide at least one step increase in pay, except that the employee cannot be advanced beyond the highest step in the higher pay range. 4.6 Out of Classification Compensation. Fire safety employees are authorized out of classification compensation of a minimum of five percent (5%) above a member’s existing salary for each occasion the member is employed out of classification; such compensation to commence following the first four hours of employment out of classification. Assignment of employees to out of classification service will be at the sole discretion of the Fire Chief. Other classified employees out of classification compensation, if applicable, will be governed by the employee’s MOU. 4.7 Deferred Compensation. The City will provide for a Deferred Compensation Plan in which the employees will have the option to participate. The City reserves the right to accept or reject any particular plan administrator or plan feature and to impose specific conditions upon participation in the plan. Benefits under such plans will be determined through the meet and confer March 7, 2023 Item #3 Page 177 of 397 3/7/23 Page 8 of 24 Attachment E process and memorialized in the applicable Memoranda of Understanding. 4.8 Compensation Procedure All employees will submit a time sheet listing the total number of normal and approved overtime hours worked at the end of each pay period to their supervisor. The time sheet will indicate any absences and type or designation of absence. Absences, suspensions, etc., for which no payment has been authorized will be deducted from the normal biweekly salary on the basis of 26 pay periods per year. Similarly, salary for working periods of less than normal, as in the case of new employees, terminated employees, leaves of absence without pay, etc., will be computed on the basis of the biweekly or hourly rate less the number of working days of absence. 5. APPLICATIONS AND APPLICANTS 5.1 Announcements. All examinations for classifications in the classified service will be publicized by posting announcements on official bulletin boards and by any other methods the Human Resources Director deems advisable. The announcements will specify the title and pay of the classification for which the examination is announced; the nature of the work to be performed; the qualifications for the performance of the work of the classification; the manner of applying; and other pertinent information. 5.2 Application Forms. Applications must be made on forms provided by the Human Resources Department. The forms will require the applicants to provide information regarding their training and experience as well as other pertinent information. 5.3 Disqualification. The Human Resources Director will reject any application that contains false or misleading statements, that indicates the applicant does not possess the qualifications required for the position, or that indicates the applicant is not authorized to work in the United States. Applications may also be rejected for other reasons permitted by local, state, and/or federal law. 6. EXAMINATIONS 6.1 General Nature and Types of Examinations. The following three types of examinations may be used by the City to establish employment lists: 6.1.1 Open-Competitive Examination, which is an examination for a particular classification that is open to all persons meeting the prerequisites for the classification. 6.1.2 Continuous Examination, which is an open-competitive examination that is open continuously, allowing new individuals to be added to an applicable employment list on an ongoing basis. 6.1.3 Promotion Examination, which is an examination for a particular classification that is open only to current regular or probationary employees who meet the prerequisites for the classification. Examinations of ability to perform job related duties may include oral, written, performance, physical/mental fitness, and training/experience evaluations. In addition, evaluations of past work performance, work samples, March 7, 2023 Item #3 Page 178 of 397 3/7/23 Page 9 of 24 Attachment E personal interviews, and background investigations may be used in the examination process. Examinations will be based on merit and designed to provide equal opportunity to all applicants by being based on an analysis of the essential job-related requirements for the classification and covering only factors relating to these requirements. 6.2 Conduct of Examination. Based on the needs of the service, the Human Resources Director will determine when and what type of examination will be conducted, whether open-competitive, continuous, or promotional. The Human Resources Director is also responsible for administering the examination process, including determining the method and manner of conducting examinations. 6.3 Scoring Examinations and Rating Applicants. A candidate’s eligibility will be determined based on all elements of the examination process. Upon completion of the examination process, candidates will be rated as either “highly qualified,” “qualified,” “satisfactory,” or “unsatisfactory.” Candidates rated as “unsatisfactory” will not be placed on the employment list for the classification for which the examination was conducted. 6.4 Notification of Examination Results and Review of Papers. Applicants taking an examination, if successful, will be given written confirmation of their eligibility. Applicants will have the opportunity to inspect their own examination papers within five (5) business days after the notices of examination results are mailed. Any error in computation, if called to the attention of the Human Resources Director within this period and confirmed, will be corrected. The correction will not, however, invalidate any appointments previously made. 7. EMPLOYMENT LISTS 7.1 Employment Lists. As soon as possible after the completion of an examination, the Human Resources Director will prepare and keep available an employment list consisting of the names of applicants who qualified in the examination. The final examination result will be determined by the total of the scores received by each applicant during the examination process, based upon the relative value assigned to each part of the examination before the examination is given. There are two types of employment lists: 7.1.1 An open-competitive list, which is a list of names of persons who have taken an open-competitive or continuous examination for a classification and are eligible for employment in that classification because they received a rating of “highly qualified,” “qualified,” or “satisfactory” during the examination process. 7.1.2 A promotional employment list, which is a list of names of employees who have taken a promotional examination for a classification and are eligible for promotion or transfer to that classification because they received a rating of “highly qualified,” “qualified,” or “satisfactory” during the examination process. March 7, 2023 Item #3 Page 179 of 397 3/7/23 Page 10 of 24 Attachment E 7.2 Duration of Lists. 7.2.1 Promotional employment lists will remain in effect for one year, unless sooner exhausted. The Human Resources Director may extend the duration of the list for up to one (1) additional year . 7.2.2 Open-employment lists, except those for which the City conducts continuous examinations, will remain in effect for up to one (1) year, unless sooner exhausted. 7.2.3 In the case of open employment lists for classifications for which the City conducts continuous examinations, new names will be merged with existing names according to rating band and eligible candidates will remain on the list for not more than one (1) year. 7.3 Reemployment Lists. The names of probationary and regular employees who have been laid off will be placed on appropriate reemployment lists in the order of their seniority. The names will remain on the lists for one (1) year, unless they are reemployed before then. When a reemployment list is to be used to fill vacancies, the Human Resources Director will certify from the top of the list the number of names equal to the number of vacancies to be filled, and the appointing authority will appoint these persons to fill the vacancies. 7.4 Removal of Names From List. The name of any person appearing on an employment, reemployment, or promotional list will be removed by the Human Resources Director if the person requests removal, if the person fails to respond to a notice mailed to the person’s last known address, or for any other reason permitted by these rules or by local, state, or federal law. In the latter instance, the person will be notified of the removal by a notice mailed to the person’s last known address. The names of persons on promotional employment lists who resign from the classified service will automatically be dropped from these lists. 8. METHOD OF FILLING VACANCIES 8.1 Types of Appointment. All vacancies in the classified service will be filled by reemployment, transfer, demotion, or from eligibles certified by the Human Resources Director from an appropriate employment or promotional list. In the absence of persons eligible for appointment in these ways, provisional appointments may be permitted in accordance with the Personnel Ordinance and these rules. 8.2 Notice to Human Resources Director. Whenever a vacancy in the classified service is to be filled, the appointing authority will notify the Human Resources Director. The Human Resources Director will advise the appointing authority as to the availability of employees for reemployment, requested transfers, or demotion, and of eligibles on employment or promotional lists for the classification. 8.3 Certification of Eligibles. The appointing authority will indicate their desire to fill the vacancy by reemployment, transfer, or demotion, or from a promotional or employment list. If appointment is to be made from an employment or promotional list, the names of all persons eligible for appointment will be certified. March 7, 2023 Item #3 Page 180 of 397 3/7/23 Page 11 of 24 Attachment E 8.4 Order of Certification. Whenever certification is to be made, the employment lists, if each exists, will be used in the following order: reemployment list, promotional list, open-competitive list. Whenever there are fewer than three names on a promotional list or an open-competitive list, the appointing authority may make an appointment from among these eligibles or may request that the Human Resources Director hold a new examination and establish a new employment list. 8.5 Appointment. After interview and investigation, the appointing authority will make appointments from among those certified and will immediately notify the Human Resources Director of the person or persons appointed. The Human Resources Director will then notify the person appointed. If the person accepts the appointment and appears for duty within the time specified by the appointing authority, the person will be considered appointed; otherwise, the person will be considered to have declined the appointment. 8.6 Provisional Appointments. In the absence of appropriate employment lists, a provisional appointment of a person meeting the minimum training and experience qualifications for the position may be made by the appointing authority. An employment list will be established within six months for any regular position filled by provisional appointment. The City Manager may extend the period for any provisional appointment up to thirty days at a time, not to exceed an additional three months. No credit will be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists, for service rendered under a provisional appointment. 8.7 Emergency Appointments. To meet the immediate requirements of an emergency condition or natural disaster, such as extraordinary fire, flood, or earthquake, which threatens public life or property, the City Manager or a designee may employ such persons as may be needed for the duration of the emergency without regard to the Personnel Ordinance or rules affecting appointments. As soon as possible, the appointments must be reported to the Human Resources Director. Emergency appointments end when the emergency ends. Consequently, persons who are given emergency appointments are not in the classified service. 9. PROBATIONARY PERIOD 9.1 Regular Appointment Following Probationary Period. All original appointments in the classified service will be subject to a probationary period of not less than one year of actual service. All promotional appointments will be subject to a probationary period of not less than six months of actual service, excepting police and fire safety employees. Promotional probation for police and fire safety employees will be one year. For police officers, the probationary period commences on the date they are sworn in as officers. For all other employees, the probationary period commences on the first day of assignment to their position. An unpaid leave of absence during the probationary period lengthens the probationary period by the number of calendar days of the leave of absence. 9.2 Objective of Probationary Period. The probationary period will be regarded as a part of the examination process and will be utilized for closely observing the employee's work performance, for securing the most effective March 7, 2023 Item #3 Page 181 of 397 3/7/23 Page 12 of 24 Attachment E adjustment of a new employee to the position, and for rejecting any probationary employee whose performance does not meet the required standards of work. 9.3 Retention of Probationary Employee. If the performance of the probationary employee has been satisfactory, the appointing authority will file a written authorization with the Human Resources Director to retain the employee and change the employee’s status from probationary to regular. If an authorization is not filed, the employee’s performance will be deemed satisfactory and the employee’s status will change from probationary to regular on the employee’s anniversary date. 9.4 Rejection of Probationary Employee. Any time during the probationary period, an employee may be rejected by the appointing authority without cause and without the right of appeal. Notification of rejection in writing will be given to the probationary employee and a copy filed with the Human Resources Director. 9.5 Rejection Following Promotion. Any employee rejected during the probationary period following a promotional appointment will be reinstated to the position from which the employee was promoted unless charges are filed and the employee is discharged for cause in the manner provided in the Personnel Ordinance and these rules for positions in the classified service. 10. ATTENDANCE AND LEAVES 10.1. Annual Vacation Leave. The purpose of vacation is to enable each eligible employee to take time off from work and return to work mentally refreshed. Vacation accrual rates for eligible employees will be determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. 10. 2. Determination of Vacation Benefits. Employees who work less than full time, but more than one thousand (1,000) hours a year, will be credited vacation on a prorated basis. For the purposes of computing vacation accrual, employment is considered to have commenced on the first day of assignment to a position. The times during a calendar year at which an employee may take vacation will be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. Regular employees who terminate employment will be paid for all vacation accrued prior to the effective date of termination not to exceed the maximum accrual amount as specified in the employee’s MOU. Termination of employment terminates continuity of service for vacation benefits. 10.3 Compensatory Time Off. Any employee in the classified service may request compensatory time off for overtime worked at a rate of one and one half the overtime hours worked. Accrual and use of compensatory time off in lieu of overtime pay will be determined in accordance with the provisions of the applicable Memoranda of Understanding. 10.4 Sick Leave. Sick Leave will be governed by the provisions below unless otherwise determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. March 7, 2023 Item #3 Page 182 of 397 3/7/23 Page 13 of 24 Attachment E 10.4.1 All probationary and regular employees in the classified service will accrue sick leave on a biweekly basis at the rate of eight (8) hours for each continuous calendar month of service. Reduced-time probationary and regular employees will accrue sick leave on a prorated basis. Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out when an employee’s employment with the City ends. 10.4.2 Employees may use sick leave: (1) to recuperate from or receive treatment for their own injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the employee’s own or a family member’s medical, dental, or optometry appointment. For the purpose of these rules, the term “family member” 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 employee, or any person for whom the employee has served in place of a parent. The term “child” means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. The term “parent” means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. 10.4.3 Any employee who is absent because of a personal injury or illness or the injury or illness of a family member must notify the employee’s supervisor as early as practicable on the first day of the absence, or as soon thereafter as possible. An employee who needs to be absent to attend a medical, dental, or optometry appointment must have the absence approved in advance by the employee’s supervisor. 10.4.4 When the period of absence is for three consecutive workdays or less, the City may accept the employee’s justification as to the reason for absence. If an absence is for more than three consecutive workdays and/or if it is covered by workers’ compensation, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, or the federal Family and Medical Leave Act, the City may require the employee to provide medical certification supporting the need for the absence. 10.4.5 Time off to take a physical examination for induction into or recall to active duty with the Armed Forces will be handled in accordance with applicable state and federal law. 10.4.6 An employee making a blood donation without being paid a fee will be given a reasonable time off for that purpose. No charge will be made against the employee’s sick leave or vacation when the absence is approved in advance by the employee’s supervisor. 10.4.7 Holidays occurring during sick leave will not be counted as sick leave. Sick leave may not be used for vacation, nor compensated for in cash, except as provided in section 10.6 below. Notwithstanding anything in this section to the contrary, local safety employees are not entitled to sick leave for any job related illness, injury or other occurrence which entitles the employee to benefits under section 4850 of the Labor Code (hereinafter ‘4850 benefits’). The City Manager may authorize use March 7, 2023 Item #3 Page 183 of 397 3/7/23 Page 14 of 24 Attachment E of sick leave after 4850 benefits are exhausted for job related illness or injury if he/she determines that: (a) The injury is not permanent and stationary. (b) The use of sick leave will not extend the effective date of the employee’s retirement. (c) The employee is disabled from the performance of his/her duties and there is a reasonable probability he/she may return to work within a reasonable amount of time. 10.5 Occupational Injuries or Illnesses. 10.5.1 A regular employee who is not covered by Section 4850 of the Labor Code and who is temporarily unable to work due to an occupational injury or illness will receive full pay for the number of calendar days as designated in the applicable Memoranda of Understanding. If the employee continues to be temporarily unable to work after the designated number of days, the employee will receive workers’ compensation temporary disability payments as provided in the Labor Code. To the extent that these benefits are less than the employee’s full regular pay, the employee must supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 10.5.2 A regular employee who is covered by Section 4850 of the Labor Code and who is temporarily unable to work due to an occupational injury or illness will receive full pay for up to one year as provided in that section (“4850 benefits”). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off. If the employee continues to be unable to work after the employee’s 4850 benefits have been exhausted and the employee has not retired, the employee will receive workers’ compensation temporary disability benefits as provided in the Labor Code. To the extent these benefits are less than the employee’s full regular pay, the employee must supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 10.5.3 Nothing in this section precludes the City from taking appropriate action in the event of abuse of sick leave. 10.6 Sick Leave Conversion. 10.6.1 During the first pay period of each fiscal year, any regular employee may convert sick leave time to vacation as determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. 10.6.2 Any regular employee applying for retirement with the Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code section 20965. March 7, 2023 Item #3 Page 184 of 397 3/7/23 Page 15 of 24 Attachment E 10.7 Military Leave of Absence. Unless as otherwise provided for in local, state or federal law, military leave of absence will be governed by the provisions set forth below. 10.7.1 An employee who is a member of the reserve corps of the Armed Forces of the United States or of the National Guard or the Naval Militia and who is ordered to military duty for active military training, inactive duty training, encampment, naval cruises, special exercises, or similar activities will be granted a temporary military leave of absence for the period of ordered duty, including the time going to and returning from that duty as provided for by state and federal law. 10.7.2 An employee who has been in the service of City for at least one year prior to the commencement of a leave of absence for inactive duty training will receive full pay for the first fifteen (15) calendar days of the leave. 10.7.3 An employee who has been in the service of City for at least one year prior to the commencement of a leave of absence for other than inactive duty training will receive full pay for the first thirty (30) calendar days of the leave. 10.7.4 Notwithstanding sections 10.7.2 and 10.7.3 above, an employee will not be paid for more than thirty (30) days of military leave in any one (1) fiscal year. 10.7.5 For purposes of this section, in determining whether an employee has been in the service of the City for at least one year, all service by an employee in the Armed Forces of the United States or of the National Guard or the Naval Militia that occurs during employment with the City will be counted as City service. 10.8 Jury Duty. An employee who is called for jury duty will be granted a leave of absence during the period of jury service. The City will continue to pay employees their regular rates of pay during the leaves. 10.9 Leaves of Absence for Injuries or Illnesses. Upon written request, the City Manager may grant a regular employee a leave of absence. If approved, a copy of the request and the approval will be filed with the Human Resources Department. 10.9.1 Occupational Injuries or Illnesses. 10.9.1.1 A regular employee who is covered by Section 4850 of the Labor Code and who is temporarily unable to work due to an occupational injury or illness will receive full pay for up to one year as provided in that section (“4850 benefits”). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off. If the employee continues to be unable to work after the employee’s 4850 benefits have been exhausted and the employee has not retired, the employee will receive workers’ compensation temporary disability benefits as provided in the Labor Code. To the extent these benefits are less than the employee’s full regular pay, the employee must supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave March 7, 2023 Item #3 Page 185 of 397 3/7/23 Page 16 of 24 Attachment E balances reach zero, at which time the employee would commence an unpaid leave of absence. 10.9.1.2 A regular employee who is not covered by Section 4850 of the Labor Code and who is temporarily unable to work due to an occupational injury or illness will receive full pay for the number of calendar days as designated in the applicable Memoranda of Understanding. If the employee continues to be temporarily unable to work after the designated number of days, the employee will receive workers’ compensation temporary disability payments as provided in the Labor Code. To the extent that these benefits are less than the employee’s full regular pay, the employee must supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 10.9.2 Non-Occupational Injuries or Illnesses. 10.9.2.1 A regular employee who is temporarily unable to work due to a non-occupational illness or injury will receive those disability benefit payments for which the employee is eligible and applies. To the extent that these benefits are less than the employee’s full regular pay, the employee must supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 10.9.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same manner as leaves of absence for non- occupational injuries or illnesses, subject to the pregnancy disability provisions of the California Fair Employment and Housing Act. 10.9.3 Bereavement Leave. In the event of the death of an employee’s family member, Bereavement Leave for eligible employees will be determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. An employee who is absent because of the death of a family member must notify the employee’s supervisor as soon as possible on the first day of the absence. For the purpose of this section, the term “family member” 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 employee, or any person for whom the employee has served in place of a parent. The term “child” means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. The term “parent” means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. 10.9.4 Unpaid Leave of Absence. 10.9.4.1 Prior to commencing an unpaid leave of absence, the employee must exhaust all accrued vacation and compensatory time and, if applicable, all accrued sick leave. Once the employee has been on an unpaid leave of absence for two full pay periods, the employee will cease March 7, 2023 Item #3 Page 186 of 397 3/7/23 Page 17 of 24 Attachment E accruing sick leave and vacation. In addition, the employee’s vacation anniversary date and salary anniversary date will be extended for each calendar day the unpaid leave of absence extends beyond the first two full pay periods unless otherwise prohibited by law. Accruals of sick leave and vacation will resume on the first day of the first full pay period after the employee has returned to work. 10.9.4.2 To the extent permitted by law, upon notice to the employee by the City, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the California Family Rights Act or the federal Family and Medical Leave Act. 10.9.4.3 Failure of an employee to promptly return to work at the conclusion of an unpaid leave of absence, or within a reasonable time after notice to return to duty, will be cause for discharge. 10.10 Hours of Operation. The City will determine the hours of operation and appropriate staffing levels necessary to achieve its mission, vision, values, goals and objectives. The hours of operations and staffing levels may vary by facility, major service area, and/or department. 10.11 Other Employment. No City employee is permitted to have outside employment that is inconsistent or incompatible with City employment. An employee who desires to have outside employment must first obtain written approval from the employee’s department head and the City Manager on a form provided by the Human Resources Department. 10.12 Attendance. Employees must be in attendance in their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments will keep daily attendance records, which will be reported to the Finance Department in the form and on the dates prescribed by the Finance Department. 10.13 Holidays. Municipal offices will be closed on days designated as holidays by City Council resolution. When a City Council authorized holiday falls on Sunday, the holiday will be observed on the following Monday. When a City Council authorized holiday falls on Saturday, the holiday will be observed on the preceding Friday. Employees will receive holiday pay in accordance with the provisions of the applicable Memoranda of Understanding. 10.14 Overtime. 10.14.1 Application. Any full-time employee in the classified service renders service beyond the employee’s normal work week (or work period, if applicable) will be paid overtime pay for the additional service at one and one-half times the employee’s regular hourly rate as determined by the FLSA. Reduced time regular employees will be paid overtime for hours worked in excess of forty (40) in a work week. Overtime pay will be included in the paycheck for the pay period in which the overtime service was performed. Accrual and use of compensatory time off in lieu of overtime pay will be determined in accordance with the provisions of the applicable Memoranda of Understanding. 10.14.2 Administration of Overtime. The smallest unit of time credited as overtime will be one-quarter (1/4) hour for any pay period. Overtime March 7, 2023 Item #3 Page 187 of 397 3/7/23 Page 18 of 24 Attachment E worked that is less than one-quarter (1/4) hour during a pay period will be disregarded and may not be accumulated except for calculating whole hours within the pay period. The department head will report all overtime or compensatory time on Finance Department time and pay records. 11. CHANGES IN EMPLOYMENT STATUS 11.1 Changes in Employment Status. Changes in employment status will be governed by the provisions below unless otherwise provided through the meet and confer process and memorialized in the applicable Memoranda of Understanding. 11.2 Transfer. After notice to the City Manager and the Human Resources Director, an employee may be transferred by the appointing authority at any time from one position to another position in the same or comparable classification. If the transfer involves a change from one department to another, both departments must consent to the transfer unless the City Manager orders the transfer for purposes of economy or efficiency. A transfer may not be used to effectuate a promotion, demotion, advancement, discipline, or a reduction in pay, each of which may be accomplished only as provided in the Personnel Ordinance and in these rules or the applicable Memoranda of Understanding. No person will be transferred to a position for which the person does not possess the minimum qualifications. 11.3 Promotion. Insofar as practicable and consistent with the best interest of the service, all vacancies in the classified service will be filled by promotion from within after a promotional examination has been given and a promotional list established. If, in the opinion of the appointing authority, the needs of the City require it, a vacancy may be filled by open-competitive examination instead of a closed promotional examination. 11.4 Demotion. The appointing authority may demote an employee whose ability to perform required duties falls below standard, for disciplinary purposes, or in lieu of layoff. In addition, demotion to a vacant position may be made at an employee’s request, with the consent of the prospective supervisor. No employee will be demoted to a position for which the employee does not possess the minimum qualifications. Written notice of the demotion will be given to the employee before the effective date of demotion, and a copy of the notice will be filed with the Human Resources Director. 11.5 Suspension. The appointing authority may suspend an employee without pay, or reduce the pay of an employee in lieu of a suspension without pay, for discipline or for other just cause. Suspension without pay may not exceed thirty (30) days in any instance. A suspension without pay, or a reduction in pay in lieu of a suspension without pay, must be reported immediately to the Human Resources Director by the appointing authority. 11.6 Reinstatement. With the approval of the appointing authority, an employee who has resigned with a good record may be reinstated within two years to a vacant position in the same or comparable classification. Upon reinstatement, the employee will, for all purposes be considered as an original appointee. March 7, 2023 Item #3 Page 188 of 397 3/7/23 Page 19 of 24 Attachment E 11.7 Discharge. The appointing authority may discharge an employee for disciplinary purposes or for other just cause after notifying and consulting with the Human Resources Department. 11.8 Reductions in Force. 11.8.1 Notice to Affected Employees. The appointing authority may lay off an employee in the classified service because of material change in duties or organization or shortage of work and funds. Except as otherwise required by federal or state law applicable to reductions in force, at least ten (10) business days prior to the effective date of a reduction in force, the appointing authority will notify the Human Resources Director of the intended action and provide a written statement certifying whether or not the services of the employee have been satisfactory. A copy of such notice will be given the employee affected. If certified as having given satisfactory service, the name of the employee laid off will be placed on the appropriate reemployment list as provided by these rules. 11.8.2 Reduction in Force Procedures. The following procedures will apply to all probationary and regular city employees in the event of a reduction in the City work force. 11.8.2.1 Definitions. The following definitions apply to these procedures: 11.8.2.1.1 “City Service Seniority” means the period of total continuous service with the City as measured from the date of original appointment. 11.8.2.1.2 “Classification Seniority” means the period of total continuous service of an employee in the present classification as measured from the date of appointment to that classification. 11.8.3 Reduction in Force – Layoff. Whenever there is a reduction in the force, the City will layoff employees within a classification according to City service seniority. Employees with the least continuous City service within a classification will be laid off first. 11.8.4 Reduction in Force – Demotion. Whenever there is a reduction in force and demotion of employees becomes necessary, the City will determine among those employees scheduled to be laid off, those employees with the greatest length of continuous City service. The employee will be demoted to any classification for which he/she has been determined to be currently qualified and in which a vacancy exists. An employee may refuse to accept a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. 11.8.5 Notification. Except as otherwise required by state or federal law applicable to reductions in force, whenever there is a reduction in force, the City will send written notice to the last known address of each employee affected by a layoff. The notice will include the (1) reason for layoff, (2) classifications to which the employee may demote within the City, if any, (3) effective date of action, (4) conditions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from reemployment lists. March 7, 2023 Item #3 Page 189 of 397 3/7/23 Page 20 of 24 Attachment E 11.8.6 Determining Length of Seniority. In determining continuous City service seniority, all uninterrupted employment from the employee’s original date of hire, including periods of authorized paid leaves of absence or other authorized leave pursuant to state or federal law, and all periods of time served as a limited term employee, but excluding periods of unauthorized leaves of absence in excess of two pay periods, will be counted as continuous City service seniority. 11.8.7 Order of Reduction in Force. In a reduction in force the following order of layoffs will be followed: (1) part-time, temporary and provisional employees in the affected classification series; (2) limited term employees in reverse order of their seniority in the affected classification series; (3) City probationary employees in reverse order of their classification seniority in the affected classification series; (4) should there be need for further reduction, regular employees in the affected classification series will be given the opportunity to accept or refuse demotion as previously described in subsection 11.8.4 in reverse order of their classification seniority; (5) should a reduction in force still be necessary, regular employees will be laid off in reverse order of their classification seniority. 11.8.8 Determining Order of Layoff and Demotion for Employees with Identical Seniority. Should two or more employees have identical seniority, the order of layoff and demotion will be determined by lottery. 11.8.9 Transfer. All effort will be made by the City to transfer any employee who is to be affected by a reduction in force to another vacant position for which the employee may qualify. 11.8.10 Order and Method of Demotion Pursuant to a Reduction in Force – Bumping. When required due to a reduction in force, employees will be demoted in the following manner: 11.8.10.1 Employees who are demoted, who have held regular status in a lower classification will have the right to bump employees of lesser City service seniority in that lower classification. 11.8.10.2 Employees who have not actually held status in a lower classification will be allowed to demote to a vacant position or to a position held by a City probationary employee in a lower classification, if qualified for the lower classification, but may not bump regular City employees already in the lower classification. 11.8.11 Reinstatement of Employees Demoted as a Result of a Reduction in Work Force. Employees who are demoted as a result of a reduction in force will have their names placed on a reinstatement list, in the order of their City service seniority. Vacant positions in which an employee has served within a classification series will first be offered to employees on this list. 11.8.12 Reemployment of Employees Laid Off as a Result of a Reduction in Force. Employees who are laid off and who held regular City status at the time of layoff will have their names placed on a reemployment list for classifications at the same or lower salary range for which they qualify in the order of their classification seniority. Vacant positions in the classifications will be offered to eligibles on the reemployment list who qualify for the vacancies prior to an open or promotional recruitment. March 7, 2023 Item #3 Page 190 of 397 3/7/23 Page 21 of 24 Attachment E 11.8.13 Duration of Reinstatement and Reemployment Lists. The eligibility of individuals on the reinstatement and reemployment lists will extend for a period of two (2) years from the date of demotion or layoff. Eligibles not responding to written notification of an opening after ten (10) business days will have their names removed from the lists. 11.8.14 Restoration of Benefits. Upon Reemployment Following, a Reduction in Force. Upon reemployment following a reduction in force, an individual will have the following benefits restored: (a) Prior sick leave accruals. (b) City service seniority at time of layoff for purposes of determining merit or step increases, vacation accruals and future reduction in force. (c) The rate of pay of an employee who is re-employed will be based on the pay plan in effect at the time of reemployment. If the employee chooses to be reemployed in a classification which has a pay range lower than the classification from which the employee was laid off, then the rate of pay will be at the "E" step in the pay range for the lower classification. 11.8.15 Payoff of Accruals Upon Layoff. Laid off employees are to be paid for all accrued holiday, vacation, compensatory time and overtime when separated as a result of a layoff. The sick leave accruals of the employee will remain on the books and will be reinstated if the employee is reappointed within two years form the date of layoff. 11.8.16 Retirement Contribution. The disposition of the reemployment contributions of a laid off employee will be governed by the provisions of the California Public Employees' Retirement Law (California Government Code sections 20000 et seq.). 11.9 Resignations. An employee wishing to leave the City's service in good standing will submit a written resignation to the appointing authority stating the effective date and reasons for leaving. The resignation should be submitted at least two weeks before leaving the service, unless the time limit is waived by the appointing authority. The resignation will be forwarded to the Human Resources Department. Failure to give notice as set forth by this rule may be cause for denying future employment with the City. 12. GRIEVANCE PROCEDURES 12.1 Purpose. The purposes of the Grievance Procedure of the City of Carlsbad are: (a) To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. (b) To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. (c) To encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure for handling grievances throughout the several supervisory levels where necessary. (d) To provide that grievance meetings will be conducted as informally as possible. March 7, 2023 Item #3 Page 191 of 397 3/7/23 Page 22 of 24 Attachment E (e) To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. (f) This grievance procedure is applicable to classified employees in each department of the City of Carlsbad, unless superseded by a Memorandum of Understanding. 12.2 Reviewable and Nonreviewable Grievances. 12.2.1 To be reviewable under this procedure, a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other matters over which the head of the department has control. (c) Arise out of a specific situation, act or acts considered to be unfair which result in inequity or damage to the employee. (d) Arise out of an interpretation and application of the Personnel Rules and Regulations or an applicable Memoranda of Understanding. 12.2.2 A grievance is not reviewable under this procedure if: (a) It is a matter which would require the modification of a policy established by the City Council or by law. (b) It is reviewable under some other administrative procedure and/or rules of the City of Carlsbad, such as: (i) Applications for changes in title, job classifications or salary. (ii) Appeals from formal disciplinary proceedings. (iii) Appeals from work performance evaluations. (iv) Items identified in these rules or in an applicable Memoranda of Understanding as nongrievable. 12.3 Special Grievance Procedure Provisions. The following special provisions apply to the grievance procedure. 12.3.1 Procedure for Presentation. In presenting a grievance, an employee must follow the sequence and the procedure outlined in subsection 12.4 below. 12.3.2 Prompt Presentation. The employee will discuss the grievance with an immediate supervisor promptly after (i.e., when the employee knew or should have known) the act or omission of management causing the grievance. 12.3.3 Prescribed Form. The written grievance will be submitted on a form prescribed by the Human Resources Director for this purpose. statement of: 12.3.4 Statement of Grievance. The grievance will contain a (a) The specific situation, act or acts considered to be unfair and the reasons why. (b) The inequity or damage suffered by the employee. (c) The relief sought. March 7, 2023 Item #3 Page 192 of 397 3/7/23 Page 23 of 24 Attachment E 12.3.5 Employee Representative. The employee may choose a representative at any step in the procedure. The person hearing the grievance need not allow more than one employee representative for any step in the grievance process, unless the person hearing the grievance so desires. 12.3.6 Interested Parties. There will be no limit placed upon the number of interested parties who may provide information during the hearing of a grievance at any step of the grievance procedure. 12.3.7 Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. 12.3.8 Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of the extension of time must be signed by both parties involved at the step to be extended. 12.3.9 Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances will be handled as a single grievance. 12.3.10 Settlement. Any grievance will be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed time. 12.3.11 Reprisal. The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Human Resources Department. 12.4 Grievance Procedure Steps. The procedural steps for submitting a grievance for consideration and action are set forth in the applicable Memoranda of Understanding. 13. TRAINING AND EDUCATION BENEFITS 13.1 Training and Education. 13.1.1 Responsibility for Training. The city encourages training programs for employees. Responsibility for developing training programs for employees will be assumed jointly by the Human Resources Director and department heads. These training programs may include lecture courses, demonstrations, assignments of reading matter, or other available methods for improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties. 13.1.2 Credit for Training. Participation in and successful completion of special training courses may be considered in making advancement and promotions. Evidence of this activity must be filed by the employee with the Human Resources Director. 13.2 Employee Education and Tuition Reimbursement.. Employee education and tuition reimbursement will be determined in accordance with Administrative Order 60. March 7, 2023 Item #3 Page 193 of 397 3/7/23 Page 24 of 24 Attachment E 14. REPORTS AND RECORDS 14.1 Roster Cards. The Human Resources Director will maintain a record for each employee in the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent. 14.2 Change of Status Report. Every appointment, transfer, promotion, demotion, change in status of employees must be reported in writing to the Human Resources Director. 15. RULES OF APPEAL TO HEARING OFFICER 15.1 Right of Appeal. Any employee in the classified service will have the right to appeal to a hearing officer those disciplinary actions and grievance decisions as provided in the applicable Memorandum of Understanding. 15.2 Method of Appeal and Procedures for Personnel Hearings. The method of appeal and the procedures for personnel hearings will be consistent with Administrative Order No. 70 and the applicable Memorandum of Understanding. March 7, 2023 Item #3 Page 194 of 397 Attachment F SALARY SCHEDULE - CARLSBAD CITY EMPLOYEES' ASSOCIATION December 26, 2022 CLASSIFICATION RANGE ACCOUNT CLERK I 17 ACCOUNT CLERK II 28 ACCOUNTANT 69 ACCOUNTING SUPERVISOR 57 ACCOUNTING TECHNICIAN 47 ADMINISTRATIVE SECRETARY 43 APPLICATIONS ANALYST 94 APPLICATIONS ASSOCIATE ANALYST 75 AQUATICS MAINTENANCE SUPERVISOR 65 AQUATICS SPECIALIST 52 ASSET MANAGEMENT PROGRAM SPECIALIST 84 ASSISTANT ENGINEER 82 ASSISTANT PLANNER 64 ASSISTANT TO THE TREASURER 74 ASSOCIATE CONTRACT ADMINISTRATOR 52 ASSOCIATE ENGINEER 98 ASSOCIATE PLANNER 78 BUILDING INSPECTOR I 56 BUILDING INSPECTOR II 71 BUILDING MAINTENANCE WORKER I 29 BUILDING MAINTENANCE WORKER II 41 BUILDING TECHNICIAN II 50 BUSINESS INTELLIGENCE ANALYST 94 BUSINESS SYSTEMS ASSOCIATE 70 BUSINESS SYSTEMS SPECIALIST 84 BUYER/CONTRACT ADMINISTRATOR 63 CLIENT SYSTEMS ADMINISTRATOR 88 CLIENT SYSTEMS ASSOC. ADMINISTRATOR 52 CIRCULATION SUPERVISOR 42 CODE ENFORCEMENT OFFICER I 43 CODE ENFORCEMENT OFFICER II 58 COMMUNITY OUTREACH SUPERVISOR 63 CONSTRUCTION INSPECTOR I 57 CONSTRUCTION INSPECTOR II 70 CRIME PREVENTION SPECIALIST 44 CROSS CONNECTION CONTROL TECHNICIAN 80 CUSTODIAN 6 CUSTODIAN II 16 DEPUTY CITY CLERK 71 ELECTRICIAN 62 ENGINEERING TECHNICIAN I 45 ENGINEERING TECHNICIAN II 60 ENVIRONMENTAL SPECIALIST I 53 ENVIRONMENTAL SPECIALIST II 70 EQUIPMENT SERVICE WORKER 21 EQUIPMENT TECHNICIAN I 44 EQUIPMENT TECHNICIAN II 52 FACILITY ATTENDANT 29 FIRE PERMIT TECHNICIAN I 35 FIRE PERMIT TECHNICIAN II 52 GIS ADMINISTRATOR 114 GIS ANALYST 84 GIS ASSOCIATE ANALYST 70 GIS ASSOCIATE SYSTEMS ADMINISTRATOR 94 GIS TECHNICIAN 60 GRAPHIC ARTIST 49 CLASSIFICATION RANGE HOUSING ASSISTANT 22 HOUSING SPECIALIST I 58 HOUSING SPECIALIST II 73 HUMAN RESOURCES TECHNICIAN 50 JUNIOR ENGINEER 68 JUNIOR PLANNER 50 JUVENILE JUSTICE PROGRAM COORD. 58 LEAD EQUIPMENT TECHNICIAN 62 LEAD LIBRARIAN 66 LEGAL ASSISTANT 56 LEGAL TECHNICIAN 80 LEGAL SECRETARY 49 LIBRARIAN 58 LIBRARY ASSISTANT I 26 LIBRARY ASSISTANT II 37 LIBRARY CLERK I 3 LIBRARY CLERK II 6 MEDIA&GRAPHICS SUPERVISOR 58 MAINTENANCE AIDE 13 MAINTENANCE WORKER I 20 MAIL CLERK/MESSENGER 5 METER SERVICES WORKER I 15 METER SERVICES WORKER II 37 METER SERVICES WORKER III 50 NETWORK ASSOCIATE 71 NETWORK ENGINEER 88 OFFICE SPECIALIST I 9 OFFICE SPECIALIST II 16 OPERATIONS/MAINTENANCE STOREKEEPER 47 PARKS INSPECTOR I 57 PARKS INSPECTOR II 70 PARK MAINTENANCE SPECIALIST 41 PARK MAINTENANCE WORKER II 31 PARK MAINTENANCE WORKER III 49 PARK PLANNER 91 PLANNING TECHNICIAN I 37 PLANNING TECHNICIAN II 50 POLICE RECORDS SPECIALIST I 17 POLICE RECORDS SPECIALIST II 22 PRODUCTION TECHNICIAN 43 RECORDS SUPERVISOR 71 RECORDS TECHNICIAN 32 RECREATION ASSISTANT 12 RECREATION SPECIALIST 32 RECREATION SUPERVISOR I 54 RECREATION SUPERVISOR II 64 RISK TECHNICIAN 54 SANITATION SYSTEMS OPERATOR I 79 SANITATION SYSTEMS OPERATOR II 89 SANITATION SYSTEMS OPERATOR III 103 SCADA & IMPLEMENTATION TECHNICIAN 98 SECRETARY 35 SENIOR APPLICATIONS ANALYST 109 SENIOR BUILDING INSPECTOR 86 SENIOR BUILDING MAINTENANCE WORKER 53 SENIOR BUSINESS SYSTEMS SPECIALIST 99 March 7, 2023 Item #3 Page 195 of 397 CLASSIFICATION RANGE SENIOR CIRCULATION SUPERVISOR 55 SENIOR CODE ENFORCEMENT OFFICER 78 SENIOR CONSTRUCTION INSPECTOR 85 SENIOR CONTRACT ADMINISTRATOR 80 SENIOR CROSS CONN. CONTROL TECH. 90 SENIOR DATABASE ADMINISTRATOR 114 SENIOR DEPUTY CITY CLERK 81 SENIOR HUMAN RESOURCES TECHNICIAN 60 SENIOR ELECTRICIAN 72 SENIOR ENVIRONMENTAL SPECIALIST 85 SENIOR LIBRARIAN 76 SENIOR NETWORK ENGINEER 114 SENIOR OFFICE SPECIALIST 27 SENIOR PLANNER 95 SENIOR SCADA & IMPLEMENTATION TECH.103 SENIOR STORM DRAIN MAINT. WORKER 72 SENIOR WEB ENGINEER 114 STOREKEEPER 22 STORM DRAIN MAINTENANCE WORKER 58 STREET MAINTENANCE WORKER II 33 STREET MAINTENANCE WORKER III 49 SYSTEMS ADMINISTRATOR 88 TECHNICIAN I 35 TRAFFIC SYSTEMS OPS SPECIALIST 98 TRAINING COORDINATOR 60 TREE TRIMMER I 27 TREE TRIMMER II 38 TREE TRIMMER LEADWORKER 53 UTILITY LOCATOR 66 UTILITY MAINTENANCE WORKER III 68 UTILITY WORKER I 54 UTILITY WORKER II 66 UTILITY WORKER III 77 VALVE MAINTENANCE WORKER 68 WASTE WATER UTILITY WORKER I 54 WASTE WATER UTILITY WORKER II 66 WASTE WATER UTILITY WORKER III 77 WAREHOUSE TECHNICIAN 43 WATER CONSERVATION SPECIALIST 41 WATER SYSTEMS OPERATOR I 79 WATER SYSTEMS OPERATOR II 89 WATER SYSTEMS OPERATOR III 103 ZONING ENFORCEMENT OFFICER 78 March 7, 2023 Item #3 Page 196 of 397 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE RANGE Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 1 17.74$ 18.45$ 19.19$ 19.96$ 20.76$ 21.59$ 2 17.92$ 18.64$ 19.39$ 20.17$ 20.98$ 21.82$ 3 18.12$ 18.84$ 19.59$ 20.37$ 21.18$ 22.03$ 4 18.29$ 19.02$ 19.78$ 20.57$ 21.39$ 22.25$ 5 18.47$ 19.21$ 19.98$ 20.78$ 21.61$ 22.47$ 6 18.64$ 19.39$ 20.17$ 20.98$ 21.82$ 22.69$ 7 18.85$ 19.60$ 20.38$ 21.20$ 22.05$ 22.93$ 8 19.02$ 19.78$ 20.57$ 21.39$ 22.25$ 23.14$ 9 19.23$ 20.00$ 20.80$ 21.63$ 22.49$ 23.39$ 10 19.41$ 20.19$ 21.00$ 21.84$ 22.71$ 23.62$ 11 19.60$ 20.38$ 21.19$ 22.04$ 22.92$ 23.84$ 12 19.80$ 20.59$ 21.41$ 22.27$ 23.16$ 24.09$ 13 20.00$ 20.80$ 21.63$ 22.49$ 23.39$ 24.33$ 14 20.20$ 21.01$ 21.85$ 22.72$ 23.63$ 24.58$ 15 20.39$ 21.21$ 22.06$ 22.94$ 23.86$ 24.81$ 16 20.62$ 21.44$ 22.30$ 23.19$ 24.12$ 25.08$ 17 20.81$ 21.64$ 22.51$ 23.41$ 24.35$ 25.32$ 18 21.02$ 21.86$ 22.73$ 23.64$ 24.59$ 25.57$ 19 21.23$ 22.08$ 22.96$ 23.88$ 24.84$ 25.83$ 20 21.45$ 22.31$ 23.20$ 24.13$ 25.09$ 26.09$ 21 21.66$ 22.53$ 23.43$ 24.37$ 25.34$ 26.35$ 22 21.88$ 22.76$ 23.67$ 24.62$ 25.60$ 26.62$ 23 22.09$ 22.97$ 23.89$ 24.85$ 25.84$ 26.87$ 24 22.32$ 23.21$ 24.14$ 25.11$ 26.11$ 27.15$ 25 22.54$ 23.44$ 24.38$ 25.36$ 26.37$ 27.42$ 26 22.77$ 23.68$ 24.63$ 25.61$ 26.63$ 27.69$ 27 22.98$ 23.90$ 24.86$ 25.85$ 26.88$ 27.96$ 28 23.22$ 24.15$ 25.12$ 26.12$ 27.16$ 28.25$ 29 23.45$ 24.39$ 25.37$ 26.38$ 27.43$ 28.53$ 30 23.68$ 24.63$ 25.62$ 26.64$ 27.71$ 28.82$ 31 23.92$ 24.88$ 25.87$ 26.90$ 27.98$ 29.10$ 32 24.16$ 25.13$ 26.14$ 27.19$ 28.28$ 29.41$ 33 24.40$ 25.38$ 26.39$ 27.45$ 28.55$ 29.69$ 34 24.64$ 25.63$ 26.66$ 27.73$ 28.84$ 29.99$ 35 24.89$ 25.89$ 26.93$ 28.01$ 29.13$ 30.29$ 36 25.13$ 26.14$ 27.19$ 28.28$ 29.41$ 30.59$ 37 25.38$ 26.40$ 27.46$ 28.56$ 29.70$ 30.89$ 38 25.64$ 26.67$ 27.74$ 28.85$ 30.00$ 31.20$ 39 25.90$ 26.94$ 28.02$ 29.14$ 30.31$ 31.52$ 40 26.17$ 27.22$ 28.31$ 29.44$ 30.62$ 31.84$ 41 26.42$ 27.48$ 28.58$ 29.72$ 30.91$ 32.15$ 42 26.70$ 27.77$ 28.88$ 30.03$ 31.23$ 32.48$ 43 26.94$ 28.02$ 29.14$ 30.31$ 31.52$ 32.78$ 44 27.23$ 28.32$ 29.45$ 30.63$ 31.85$ 33.12$ Effective 12/26/2022 March 7, 2023 Item #3 Page 197 of 397 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE RANGE Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Effective 12/26/2022 45 27.49$ 28.59$ 29.73$ 30.92$ 32.16$ 33.45$ 46 27.77$ 28.88$ 30.04$ 31.24$ 32.49$ 33.79$ 47 28.06$ 29.18$ 30.35$ 31.56$ 32.82$ 34.13$ 48 28.33$ 29.46$ 30.64$ 31.87$ 33.14$ 34.47$ 49 28.61$ 29.75$ 30.94$ 32.18$ 33.47$ 34.81$ 50 28.90$ 30.06$ 31.26$ 32.51$ 33.81$ 35.16$ 51 29.19$ 30.36$ 31.57$ 32.83$ 34.14$ 35.51$ 52 29.47$ 30.65$ 31.88$ 33.15$ 34.48$ 35.86$ 53 29.79$ 30.98$ 32.22$ 33.51$ 34.85$ 36.24$ 54 30.09$ 31.29$ 32.54$ 33.84$ 35.19$ 36.60$ 55 30.38$ 31.59$ 32.85$ 34.16$ 35.53$ 36.95$ 56 30.66$ 31.89$ 33.17$ 34.50$ 35.88$ 37.32$ 57 30.99$ 32.23$ 33.52$ 34.86$ 36.25$ 37.70$ 58 31.30$ 32.55$ 33.85$ 35.20$ 36.61$ 38.07$ 59 31.61$ 32.87$ 34.18$ 35.55$ 36.97$ 38.45$ 60 31.91$ 33.19$ 34.52$ 35.90$ 37.34$ 38.83$ 61 32.24$ 33.53$ 34.87$ 36.26$ 37.71$ 39.22$ 62 32.57$ 33.87$ 35.22$ 36.63$ 38.10$ 39.62$ 63 32.89$ 34.21$ 35.58$ 37.00$ 38.48$ 40.02$ 64 33.23$ 34.56$ 35.94$ 37.38$ 38.87$ 40.42$ 65 33.56$ 34.90$ 36.30$ 37.75$ 39.26$ 40.83$ 66 33.88$ 35.23$ 36.64$ 38.11$ 39.63$ 41.22$ 67 34.22$ 35.59$ 37.01$ 38.49$ 40.03$ 41.63$ 68 34.56$ 35.94$ 37.38$ 38.88$ 40.43$ 42.05$ 69 34.93$ 36.33$ 37.78$ 39.29$ 40.86$ 42.49$ 70 35.26$ 36.67$ 38.14$ 39.67$ 41.26$ 42.91$ 71 35.61$ 37.03$ 38.51$ 40.05$ 41.65$ 43.32$ 72 35.95$ 37.39$ 38.89$ 40.45$ 42.07$ 43.75$ 73 36.35$ 37.80$ 39.31$ 40.88$ 42.51$ 44.21$ 74 36.68$ 38.15$ 39.68$ 41.27$ 42.92$ 44.64$ 75 37.06$ 38.54$ 40.08$ 41.68$ 43.35$ 45.08$ 76 37.44$ 38.94$ 40.50$ 42.12$ 43.80$ 45.55$ 77 37.81$ 39.32$ 40.89$ 42.53$ 44.23$ 46.00$ 78 38.17$ 39.70$ 41.29$ 42.94$ 44.66$ 46.45$ 79 38.57$ 40.11$ 41.71$ 43.38$ 45.12$ 46.92$ 80 38.95$ 40.51$ 42.13$ 43.82$ 45.57$ 47.39$ 81 39.34$ 40.91$ 42.55$ 44.25$ 46.02$ 47.86$ 82 39.74$ 41.33$ 42.98$ 44.70$ 46.49$ 48.35$ 83 40.12$ 41.72$ 43.39$ 45.13$ 46.94$ 48.82$ 84 40.54$ 42.16$ 43.85$ 45.60$ 47.42$ 49.32$ 85 40.93$ 42.57$ 44.27$ 46.04$ 47.88$ 49.80$ 86 41.36$ 43.01$ 44.73$ 46.52$ 48.38$ 50.31$ 87 41.76$ 43.43$ 45.17$ 46.98$ 48.86$ 50.81$ 88 42.18$ 43.87$ 45.62$ 47.44$ 49.34$ 51.31$ March 7, 2023 Item #3 Page 198 of 397 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE RANGE Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Effective 12/26/2022 89 42.61$ 44.31$ 46.08$ 47.92$ 49.84$ 51.83$ 90 43.03$ 44.75$ 46.54$ 48.40$ 50.34$ 52.35$ 91 43.46$ 45.20$ 47.01$ 48.89$ 50.85$ 52.88$ 92 43.89$ 45.65$ 47.48$ 49.38$ 51.35$ 53.40$ 93 44.34$ 46.11$ 47.95$ 49.87$ 51.86$ 53.93$ 94 44.78$ 46.57$ 48.43$ 50.37$ 52.38$ 54.48$ 95 45.22$ 47.03$ 48.91$ 50.87$ 52.90$ 55.02$ 96 45.67$ 47.50$ 49.40$ 51.38$ 53.43$ 55.57$ 97 46.12$ 47.96$ 49.88$ 51.88$ 53.96$ 56.12$ 98 46.59$ 48.45$ 50.39$ 52.41$ 54.51$ 56.69$ 99 47.06$ 48.94$ 50.90$ 52.94$ 55.06$ 57.26$ 100 47.52$ 49.42$ 51.40$ 53.46$ 55.60$ 57.82$ 101 47.99$ 49.91$ 51.91$ 53.99$ 56.15$ 58.40$ 102 48.48$ 50.42$ 52.44$ 54.54$ 56.72$ 58.99$ 103 48.97$ 50.93$ 52.97$ 55.09$ 57.29$ 59.58$ 104 49.45$ 51.43$ 53.49$ 55.63$ 57.86$ 60.17$ 105 49.94$ 51.94$ 54.02$ 56.18$ 58.43$ 60.77$ 106 50.46$ 52.48$ 54.58$ 56.76$ 59.03$ 61.39$ 107 50.97$ 53.01$ 55.13$ 57.33$ 59.62$ 62.00$ 108 51.45$ 53.51$ 55.65$ 57.88$ 60.20$ 62.61$ 109 51.98$ 54.06$ 56.22$ 58.47$ 60.81$ 63.24$ 110 52.51$ 54.61$ 56.79$ 59.06$ 61.42$ 63.88$ 111 53.02$ 55.14$ 57.35$ 59.64$ 62.03$ 64.51$ 112 53.55$ 55.69$ 57.92$ 60.24$ 62.65$ 65.16$ 113 54.10$ 56.26$ 58.51$ 60.85$ 63.28$ 65.81$ 114 54.64$ 56.83$ 59.10$ 61.46$ 63.92$ 66.48$ March 7, 2023 Item #3 Page 199 of 397 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE RANGE Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 1 18.45$ 19.19$ 19.96$ 20.76$ 21.59$ 22.45$ 2 18.64$ 19.39$ 20.17$ 20.98$ 21.82$ 22.69$ 3 18.84$ 19.59$ 20.37$ 21.18$ 22.03$ 22.91$ 4 19.02$ 19.78$ 20.57$ 21.39$ 22.25$ 23.14$ 5 19.21$ 19.98$ 20.78$ 21.61$ 22.47$ 23.37$ 6 19.39$ 20.17$ 20.98$ 21.82$ 22.69$ 23.60$ 7 19.60$ 20.38$ 21.20$ 22.05$ 22.93$ 23.85$ 8 19.78$ 20.57$ 21.39$ 22.25$ 23.14$ 24.07$ 9 20.00$ 20.80$ 21.63$ 22.49$ 23.39$ 24.33$ 10 20.19$ 21.00$ 21.84$ 22.71$ 23.62$ 24.56$ 11 20.38$ 21.19$ 22.04$ 22.92$ 23.84$ 24.79$ 12 20.59$ 21.41$ 22.27$ 23.16$ 24.09$ 25.05$ 13 20.80$ 21.63$ 22.49$ 23.39$ 24.33$ 25.30$ 14 21.01$ 21.85$ 22.72$ 23.63$ 24.58$ 25.56$ 15 21.21$ 22.06$ 22.94$ 23.86$ 24.81$ 25.80$ 16 21.44$ 22.30$ 23.19$ 24.12$ 25.08$ 26.08$ 17 21.64$ 22.51$ 23.41$ 24.35$ 25.32$ 26.33$ 18 21.86$ 22.73$ 23.64$ 24.59$ 25.57$ 26.59$ 19 22.08$ 22.96$ 23.88$ 24.84$ 25.83$ 26.86$ 20 22.31$ 23.20$ 24.13$ 25.09$ 26.09$ 27.13$ 21 22.53$ 23.43$ 24.37$ 25.34$ 26.35$ 27.40$ 22 22.76$ 23.67$ 24.62$ 25.60$ 26.62$ 27.68$ 23 22.97$ 23.89$ 24.85$ 25.84$ 26.87$ 27.94$ 24 23.21$ 24.14$ 25.11$ 26.11$ 27.15$ 28.24$ 25 23.44$ 24.38$ 25.36$ 26.37$ 27.42$ 28.52$ 26 23.68$ 24.63$ 25.61$ 26.63$ 27.69$ 28.80$ 27 23.90$ 24.86$ 25.85$ 26.88$ 27.96$ 29.08$ 28 24.15$ 25.12$ 26.12$ 27.16$ 28.25$ 29.38$ 29 24.39$ 25.37$ 26.38$ 27.43$ 28.53$ 29.67$ 30 24.63$ 25.62$ 26.64$ 27.71$ 28.82$ 29.97$ 31 24.88$ 25.87$ 26.90$ 27.98$ 29.10$ 30.26$ 32 25.13$ 26.14$ 27.19$ 28.28$ 29.41$ 30.59$ 33 25.38$ 26.39$ 27.45$ 28.55$ 29.69$ 30.88$ 34 25.63$ 26.66$ 27.73$ 28.84$ 29.99$ 31.19$ 35 25.89$ 26.93$ 28.01$ 29.13$ 30.29$ 31.50$ 36 26.14$ 27.19$ 28.28$ 29.41$ 30.59$ 31.81$ 37 26.40$ 27.46$ 28.56$ 29.70$ 30.89$ 32.13$ 38 26.67$ 27.74$ 28.85$ 30.00$ 31.20$ 32.45$ 39 26.94$ 28.02$ 29.14$ 30.31$ 31.52$ 32.78$ 40 27.22$ 28.31$ 29.44$ 30.62$ 31.84$ 33.11$ 41 27.48$ 28.58$ 29.72$ 30.91$ 32.15$ 33.44$ 42 27.77$ 28.88$ 30.03$ 31.23$ 32.48$ 33.78$ 43 28.02$ 29.14$ 30.31$ 31.52$ 32.78$ 34.09$ 44 28.32$ 29.45$ 30.63$ 31.85$ 33.12$ 34.44$ Effective 1/1/2024 March 7, 2023 Item #3 Page 200 of 397 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE RANGE Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Effective 1/1/2024 45 28.59$ 29.73$ 30.92$ 32.16$ 33.45$ 34.79$ 46 28.88$ 30.04$ 31.24$ 32.49$ 33.79$ 35.14$ 47 29.18$ 30.35$ 31.56$ 32.82$ 34.13$ 35.50$ 48 29.46$ 30.64$ 31.87$ 33.14$ 34.47$ 35.85$ 49 29.75$ 30.94$ 32.18$ 33.47$ 34.81$ 36.20$ 50 30.06$ 31.26$ 32.51$ 33.81$ 35.16$ 36.57$ 51 30.36$ 31.57$ 32.83$ 34.14$ 35.51$ 36.93$ 52 30.65$ 31.88$ 33.15$ 34.48$ 35.86$ 37.29$ 53 30.98$ 32.22$ 33.51$ 34.85$ 36.24$ 37.69$ 54 31.29$ 32.54$ 33.84$ 35.19$ 36.60$ 38.06$ 55 31.59$ 32.85$ 34.16$ 35.53$ 36.95$ 38.43$ 56 31.89$ 33.17$ 34.50$ 35.88$ 37.32$ 38.81$ 57 32.23$ 33.52$ 34.86$ 36.25$ 37.70$ 39.21$ 58 32.55$ 33.85$ 35.20$ 36.61$ 38.07$ 39.59$ 59 32.87$ 34.18$ 35.55$ 36.97$ 38.45$ 39.99$ 60 33.19$ 34.52$ 35.90$ 37.34$ 38.83$ 40.38$ 61 33.53$ 34.87$ 36.26$ 37.71$ 39.22$ 40.79$ 62 33.87$ 35.22$ 36.63$ 38.10$ 39.62$ 41.20$ 63 34.21$ 35.58$ 37.00$ 38.48$ 40.02$ 41.62$ 64 34.56$ 35.94$ 37.38$ 38.87$ 40.42$ 42.04$ 65 34.90$ 36.30$ 37.75$ 39.26$ 40.83$ 42.46$ 66 35.23$ 36.64$ 38.11$ 39.63$ 41.22$ 42.87$ 67 35.59$ 37.01$ 38.49$ 40.03$ 41.63$ 43.30$ 68 35.94$ 37.38$ 38.88$ 40.43$ 42.05$ 43.73$ 69 36.33$ 37.78$ 39.29$ 40.86$ 42.49$ 44.19$ 70 36.67$ 38.14$ 39.67$ 41.26$ 42.91$ 44.63$ 71 37.03$ 38.51$ 40.05$ 41.65$ 43.32$ 45.05$ 72 37.39$ 38.89$ 40.45$ 42.07$ 43.75$ 45.50$ 73 37.80$ 39.31$ 40.88$ 42.51$ 44.21$ 45.98$ 74 38.15$ 39.68$ 41.27$ 42.92$ 44.64$ 46.43$ 75 38.54$ 40.08$ 41.68$ 43.35$ 45.08$ 46.88$ 76 38.94$ 40.50$ 42.12$ 43.80$ 45.55$ 47.37$ 77 39.32$ 40.89$ 42.53$ 44.23$ 46.00$ 47.84$ 78 39.70$ 41.29$ 42.94$ 44.66$ 46.45$ 48.31$ 79 40.11$ 41.71$ 43.38$ 45.12$ 46.92$ 48.80$ 80 40.51$ 42.13$ 43.82$ 45.57$ 47.39$ 49.29$ 81 40.91$ 42.55$ 44.25$ 46.02$ 47.86$ 49.77$ 82 41.33$ 42.98$ 44.70$ 46.49$ 48.35$ 50.28$ 83 41.72$ 43.39$ 45.13$ 46.94$ 48.82$ 50.77$ 84 42.16$ 43.85$ 45.60$ 47.42$ 49.32$ 51.29$ 85 42.57$ 44.27$ 46.04$ 47.88$ 49.80$ 51.79$ 86 43.01$ 44.73$ 46.52$ 48.38$ 50.31$ 52.32$ 87 43.43$ 45.17$ 46.98$ 48.86$ 50.81$ 52.84$ 88 43.87$ 45.62$ 47.44$ 49.34$ 51.31$ 53.36$ March 7, 2023 Item #3 Page 201 of 397 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE RANGE Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Effective 1/1/2024 89 44.31$ 46.08$ 47.92$ 49.84$ 51.83$ 53.90$ 90 44.75$ 46.54$ 48.40$ 50.34$ 52.35$ 54.44$ 91 45.20$ 47.01$ 48.89$ 50.85$ 52.88$ 55.00$ 92 45.65$ 47.48$ 49.38$ 51.35$ 53.40$ 55.54$ 93 46.11$ 47.95$ 49.87$ 51.86$ 53.93$ 56.09$ 94 46.57$ 48.43$ 50.37$ 52.38$ 54.48$ 56.66$ 95 47.03$ 48.91$ 50.87$ 52.90$ 55.02$ 57.22$ 96 47.50$ 49.40$ 51.38$ 53.43$ 55.57$ 57.79$ 97 47.96$ 49.88$ 51.88$ 53.96$ 56.12$ 58.36$ 98 48.45$ 50.39$ 52.41$ 54.51$ 56.69$ 58.96$ 99 48.94$ 50.90$ 52.94$ 55.06$ 57.26$ 59.55$ 100 49.42$ 51.40$ 53.46$ 55.60$ 57.82$ 60.13$ 101 49.91$ 51.91$ 53.99$ 56.15$ 58.40$ 60.74$ 102 50.42$ 52.44$ 54.54$ 56.72$ 58.99$ 61.35$ 103 50.93$ 52.97$ 55.09$ 57.29$ 59.58$ 61.96$ 104 51.43$ 53.49$ 55.63$ 57.86$ 60.17$ 62.58$ 105 51.94$ 54.02$ 56.18$ 58.43$ 60.77$ 63.20$ 106 52.48$ 54.58$ 56.76$ 59.03$ 61.39$ 63.85$ 107 53.01$ 55.13$ 57.33$ 59.62$ 62.00$ 64.48$ 108 53.51$ 55.65$ 57.88$ 60.20$ 62.61$ 65.11$ 109 54.06$ 56.22$ 58.47$ 60.81$ 63.24$ 65.77$ 110 54.61$ 56.79$ 59.06$ 61.42$ 63.88$ 66.44$ 111 55.14$ 57.35$ 59.64$ 62.03$ 64.51$ 67.09$ 112 55.69$ 57.92$ 60.24$ 62.65$ 65.16$ 67.77$ 113 56.26$ 58.51$ 60.85$ 63.28$ 65.81$ 68.44$ 114 56.83$ 59.10$ 61.46$ 63.92$ 66.48$ 69.14$ March 7, 2023 Item #3 Page 202 of 397 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE RANGE Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 1 19.00$ 19.77$ 20.56$ 21.38$ 22.24$ 23.12$ 2 19.20$ 19.97$ 20.78$ 21.61$ 22.47$ 23.37$ 3 19.41$ 20.18$ 20.98$ 21.82$ 22.69$ 23.60$ 4 19.59$ 20.37$ 21.19$ 22.03$ 22.92$ 23.83$ 5 19.79$ 20.58$ 21.40$ 22.26$ 23.14$ 24.07$ 6 19.97$ 20.78$ 21.61$ 22.47$ 23.37$ 24.31$ 7 20.19$ 20.99$ 21.84$ 22.71$ 23.62$ 24.57$ 8 20.37$ 21.19$ 22.03$ 22.92$ 23.83$ 24.79$ 9 20.60$ 21.42$ 22.28$ 23.16$ 24.09$ 25.06$ 10 20.80$ 21.63$ 22.50$ 23.39$ 24.33$ 25.30$ 11 20.99$ 21.83$ 22.70$ 23.61$ 24.56$ 25.53$ 12 21.21$ 22.05$ 22.94$ 23.85$ 24.81$ 25.80$ 13 21.42$ 22.28$ 23.16$ 24.09$ 25.06$ 26.06$ 14 21.64$ 22.51$ 23.40$ 24.34$ 25.32$ 26.33$ 15 21.85$ 22.72$ 23.63$ 24.58$ 25.55$ 26.57$ 16 22.08$ 22.97$ 23.89$ 24.84$ 25.83$ 26.86$ 17 22.29$ 23.19$ 24.11$ 25.08$ 26.08$ 27.12$ 18 22.52$ 23.41$ 24.35$ 25.33$ 26.34$ 27.39$ 19 22.74$ 23.65$ 24.60$ 25.59$ 26.60$ 27.67$ 20 22.98$ 23.90$ 24.85$ 25.84$ 26.87$ 27.94$ 21 23.21$ 24.13$ 25.10$ 26.10$ 27.14$ 28.22$ 22 23.44$ 24.38$ 25.36$ 26.37$ 27.42$ 28.51$ 23 23.66$ 24.61$ 25.60$ 26.62$ 27.68$ 28.78$ 24 23.91$ 24.86$ 25.86$ 26.89$ 27.96$ 29.09$ 25 24.14$ 25.11$ 26.12$ 27.16$ 28.24$ 29.38$ 26 24.39$ 25.37$ 26.38$ 27.43$ 28.52$ 29.66$ 27 24.62$ 25.61$ 26.63$ 27.69$ 28.80$ 29.95$ 28 24.87$ 25.87$ 26.90$ 27.97$ 29.10$ 30.26$ 29 25.12$ 26.13$ 27.17$ 28.25$ 29.39$ 30.56$ 30 25.37$ 26.39$ 27.44$ 28.54$ 29.68$ 30.87$ 31 25.63$ 26.65$ 27.71$ 28.82$ 29.97$ 31.17$ 32 25.88$ 26.92$ 28.01$ 29.13$ 30.29$ 31.51$ 33 26.14$ 27.18$ 28.27$ 29.41$ 30.58$ 31.81$ 34 26.40$ 27.46$ 28.56$ 29.71$ 30.89$ 32.13$ 35 26.67$ 27.74$ 28.85$ 30.00$ 31.20$ 32.45$ 36 26.92$ 28.01$ 29.13$ 30.29$ 31.51$ 32.76$ 37 27.19$ 28.28$ 29.42$ 30.59$ 31.82$ 33.09$ 38 27.47$ 28.57$ 29.72$ 30.90$ 32.14$ 33.42$ 39 27.75$ 28.86$ 30.01$ 31.22$ 32.47$ 33.76$ 40 28.04$ 29.16$ 30.32$ 31.54$ 32.80$ 34.10$ 41 28.30$ 29.44$ 30.61$ 31.84$ 33.11$ 34.44$ 42 28.60$ 29.75$ 30.93$ 32.17$ 33.45$ 34.79$ 43 28.86$ 30.01$ 31.22$ 32.47$ 33.76$ 35.11$ 44 29.17$ 30.33$ 31.55$ 32.81$ 34.11$ 35.47$ Effective 1/1/2025 March 7, 2023 Item #3 Page 203 of 397 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE RANGE Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Effective 1/1/2025 45 29.45$ 30.62$ 31.85$ 33.12$ 34.45$ 35.83$ 46 29.75$ 30.94$ 32.18$ 33.46$ 34.80$ 36.19$ 47 30.06$ 31.26$ 32.51$ 33.80$ 35.15$ 36.57$ 48 30.34$ 31.56$ 32.83$ 34.13$ 35.50$ 36.93$ 49 30.64$ 31.87$ 33.15$ 34.47$ 35.85$ 37.29$ 50 30.96$ 32.20$ 33.49$ 34.82$ 36.21$ 37.67$ 51 31.27$ 32.52$ 33.81$ 35.16$ 36.58$ 38.04$ 52 31.57$ 32.84$ 34.14$ 35.51$ 36.94$ 38.41$ 53 31.91$ 33.19$ 34.52$ 35.90$ 37.33$ 38.82$ 54 32.23$ 33.52$ 34.86$ 36.25$ 37.70$ 39.20$ 55 32.54$ 33.84$ 35.18$ 36.60$ 38.06$ 39.58$ 56 32.85$ 34.17$ 35.54$ 36.96$ 38.44$ 39.97$ 57 33.20$ 34.53$ 35.91$ 37.34$ 38.83$ 40.39$ 58 33.53$ 34.87$ 36.26$ 37.71$ 39.21$ 40.78$ 59 33.86$ 35.21$ 36.62$ 38.08$ 39.60$ 41.19$ 60 34.19$ 35.56$ 36.98$ 38.46$ 39.99$ 41.59$ 61 34.54$ 35.92$ 37.35$ 38.84$ 40.40$ 42.01$ 62 34.89$ 36.28$ 37.73$ 39.24$ 40.81$ 42.44$ 63 35.24$ 36.65$ 38.11$ 39.63$ 41.22$ 42.87$ 64 35.60$ 37.02$ 38.50$ 40.04$ 41.63$ 43.30$ 65 35.95$ 37.39$ 38.88$ 40.44$ 42.05$ 43.73$ 66 36.29$ 37.74$ 39.25$ 40.82$ 42.46$ 44.16$ 67 36.66$ 38.12$ 39.64$ 41.23$ 42.88$ 44.60$ 68 37.02$ 38.50$ 40.05$ 41.64$ 43.31$ 45.04$ 69 37.42$ 38.91$ 40.47$ 42.09$ 43.76$ 45.52$ 70 37.77$ 39.28$ 40.86$ 42.50$ 44.20$ 45.97$ 71 38.14$ 39.67$ 41.25$ 42.90$ 44.62$ 46.40$ 72 38.51$ 40.06$ 41.66$ 43.33$ 45.06$ 46.87$ 73 38.93$ 40.49$ 42.11$ 43.79$ 45.54$ 47.36$ 74 39.29$ 40.87$ 42.51$ 44.21$ 45.98$ 47.82$ 75 39.70$ 41.28$ 42.93$ 44.65$ 46.43$ 48.29$ 76 40.11$ 41.72$ 43.38$ 45.11$ 46.92$ 48.79$ 77 40.50$ 42.12$ 43.81$ 45.56$ 47.38$ 49.28$ 78 40.89$ 42.53$ 44.23$ 46.00$ 47.84$ 49.76$ 79 41.31$ 42.96$ 44.68$ 46.47$ 48.33$ 50.26$ 80 41.73$ 43.39$ 45.13$ 46.94$ 48.81$ 50.77$ 81 42.14$ 43.83$ 45.58$ 47.40$ 49.30$ 51.26$ 82 42.57$ 44.27$ 46.04$ 47.88$ 49.80$ 51.79$ 83 42.97$ 44.69$ 46.48$ 48.35$ 50.28$ 52.29$ 84 43.42$ 45.17$ 46.97$ 48.84$ 50.80$ 52.83$ 85 43.85$ 45.60$ 47.42$ 49.32$ 51.29$ 53.34$ 86 44.30$ 46.07$ 47.92$ 49.83$ 51.82$ 53.89$ 87 44.73$ 46.53$ 48.39$ 50.33$ 52.33$ 54.43$ 88 45.19$ 46.99$ 48.86$ 50.82$ 52.85$ 54.96$ March 7, 2023 Item #3 Page 204 of 397 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE RANGE Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Effective 1/1/2025 89 45.64$ 47.46$ 49.36$ 51.34$ 53.38$ 55.52$ 90 46.09$ 47.94$ 49.85$ 51.85$ 53.92$ 56.07$ 91 46.56$ 48.42$ 50.36$ 52.38$ 54.47$ 56.65$ 92 47.02$ 48.90$ 50.86$ 52.89$ 55.00$ 57.21$ 93 47.49$ 49.39$ 51.37$ 53.42$ 55.55$ 57.77$ 94 47.97$ 49.88$ 51.88$ 53.95$ 56.11$ 58.36$ 95 48.44$ 50.38$ 52.40$ 54.49$ 56.67$ 58.94$ 96 48.93$ 50.88$ 52.92$ 55.03$ 57.24$ 59.52$ 97 49.40$ 51.38$ 53.44$ 55.58$ 57.80$ 60.11$ 98 49.90$ 51.90$ 53.98$ 56.15$ 58.39$ 60.73$ 99 50.41$ 52.43$ 54.53$ 56.71$ 58.98$ 61.34$ 100 50.90$ 52.94$ 55.06$ 57.27$ 59.55$ 61.93$ 101 51.41$ 53.47$ 55.61$ 57.83$ 60.15$ 62.56$ 102 51.93$ 54.01$ 56.18$ 58.42$ 60.76$ 63.19$ 103 52.46$ 54.56$ 56.74$ 59.01$ 61.37$ 63.82$ 104 52.97$ 55.09$ 57.30$ 59.60$ 61.98$ 64.46$ 105 53.50$ 55.64$ 57.87$ 60.18$ 62.59$ 65.10$ 106 54.05$ 56.22$ 58.46$ 60.80$ 63.23$ 65.77$ 107 54.60$ 56.78$ 59.05$ 61.41$ 63.86$ 66.41$ 108 55.12$ 57.32$ 59.62$ 62.01$ 64.49$ 67.06$ 109 55.68$ 57.91$ 60.22$ 62.63$ 65.14$ 67.74$ 110 56.25$ 58.49$ 60.83$ 63.26$ 65.80$ 68.43$ 111 56.79$ 59.07$ 61.43$ 63.89$ 66.45$ 69.10$ 112 57.36$ 59.66$ 62.05$ 64.53$ 67.11$ 69.80$ 113 57.95$ 60.27$ 62.68$ 65.18$ 67.78$ 70.49$ 114 58.53$ 60.87$ 63.30$ 65.84$ 68.47$ 71.21$ March 7, 2023 Item #3 Page 205 of 397 Attachment G CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. HOURLY SALARY SCHEDULE Effective January 1, 2023 RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE 35 26.0058$ 27.3062$ 28.6717$ 30.1049$ 31.6105$ 35 36 36.8241$ 38.6655$ 40.5989$ 42.6288$ 44.7602$ 36 37 40.4991$ 42.5240$ 44.6501$ 46.8829$ 49.2270$ 37 41 30.1527$ 31.6604$ 33.2435$ 34.9057$ 36.6508$ 41 42 31.2044$ 32.7646$ 34.4028$ 36.1228$ 37.9292$ 42 43 43.0583$ 45.2110$ 47.4718$ 49.8449$ 52.3375$ 43 44 48.5457$ 50.9732$ 53.5222$ 56.1982$ 59.0078$ 44 45 36.5466$ 38.3739$ 40.2927$ 42.3072$ 44.4226$ 45 45A 51.1652$ 53.7235$ 56.4098$ 59.2301$ 62.1916$ 45A 49 56.2825$ 59.0960$ 62.0513$ 65.1529$ 68.4109$ 49 CLASSIFICATION RANGE FIREFIGHTER 35 FIRE INSPECTOR 36 SENIOR FIRE INSPECTOR/INVESTIGATOR 37 PARAMEDIC FIREFIGHTER 41 FIRE ENGINEER 42 DEPUTY FIRE MARSHAL 43 PARAMEDIC LIFEGUARD LIEUTENANT 44 FIRE CAPTAIN 45 ASSISTANT FIRE MARSHAL 45A CAPTAIN SPECIALIST 49 * Ranges 35, 41, 42, 45 are based on a 112 hour schedule. All others are based on an 80 - 84 hour schedule. March 7, 2023 Item #3 Page 206 of 397 CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. HOURLY SALARY SCHEDULE Effective January 1, 2024 RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE 35 27.0460$ 28.3984$ 29.8186$ 31.3091$ 32.8749$ 35 36 38.2971$ 40.2121$ 42.2229$ 44.3340$ 46.5506$ 36 37 42.1191$ 44.2250$ 46.4361$ 48.7582$ 51.1961$ 37 41 31.3588$ 32.9268$ 34.5732$ 36.3019$ 38.1168$ 41 42 32.4526$ 34.0752$ 35.7789$ 37.5677$ 39.4464$ 42 43 44.7806$ 47.0194$ 49.3707$ 51.8387$ 54.4310$ 43 44 50.4875$ 53.0121$ 55.6631$ 58.4461$ 61.3681$ 44 45 38.0085$ 39.9089$ 41.9044$ 43.9995$ 46.1995$ 45 45A 53.2119$ 55.8725$ 58.6662$ 61.5993$ 64.6793$ 45A 49 58.5338$ 61.4598$ 64.5334$ 67.7590$ 71.1473$ 49 CLASSIFICATION RANGE FIREFIGHTER 35 FIRE INSPECTOR 36 SENIOR FIRE INSPECTOR/INVESTIGATOR 37 PARAMEDIC FIREFIGHTER 41 FIRE ENGINEER 42 DEPUTY FIRE MARSHAL 43 PARAMEDIC LIFEGUARD LIEUTENANT 44 FIRE CAPTAIN 45 ASSISTANT FIRE MARSHAL 45A CAPTAIN SPECIALIST 49 March 7, 2023 Item #3 Page 207 of 397 CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. HOURLY SALARY SCHEDULE Effective January 1, 2025 RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE 35 28.1278$ 29.5343$ 31.0113$ 32.5615$ 34.1899$ 35 36 39.8290$ 41.8206$ 43.9118$ 46.1074$ 48.4126$ 36 37 43.8039$ 45.9940$ 48.2935$ 50.7085$ 53.2439$ 37 41 32.6132$ 34.2439$ 35.9561$ 37.7540$ 39.6415$ 41 42 33.7507$ 35.4382$ 37.2101$ 39.0704$ 41.0243$ 42 43 46.5718$ 48.9002$ 51.3455$ 53.9122$ 56.6082$ 43 44 52.5070$ 55.1326$ 57.8896$ 60.7839$ 63.8228$ 44 45 39.5288$ 41.5053$ 43.5806$ 45.7595$ 48.0475$ 45 45A 55.3403$ 58.1074$ 61.0128$ 64.0633$ 67.2665$ 45A 49 60.8752$ 63.9182$ 67.1147$ 70.4694$ 73.9932$ 49 CLASSIFICATION RANGE FIREFIGHTER 35 FIRE INSPECTOR 36 SENIOR FIRE INSPECTOR/INVESTIGATOR 37 PARAMEDIC FIREFIGHTER 41 FIRE ENGINEER 42 DEPUTY FIRE MARSHAL 43 PARAMEDIC LIFEGUARD LIEUTENANT 44 FIRE CAPTAIN 45 ASSISTANT FIRE MARSHAL 45A CAPTAIN SPECIALIST 49 March 7, 2023 Item #3 Page 208 of 397 Exhibit 2 CCEA MEMORANDUM OF UNDERSTANDING 1/1/2023 to 12/31/2025 Summary of Significant Changes 1. Term: January 1, 2023 – December 31, 2025 2. Article 12 Compensation Adjustments: a. Effective the first pay period in 2023, CCEA salary ranges shall be converted to six salary steps and all CCEA employees shall be placed onto the nearest salary step equal to or greater than their current base pay rate. Section 4 of the City of Carlsbad Personnel Rules and Regulations describes eligibility for advancements within a pay range (i.e., step increases). b. Effective the first full pay period following City Council ratification of this MOU, all CCEA employees who are on step 6 shall receive a one-time non- pensionable cash stipend equal to $3,400. c. Effective January 1, 2024, the city shall create a new salary step 7 that is four percent higher than step 6 and step 1 will be eliminated. d. Effective January 1, 2025, the city shall implement an across-the-board base salary increase for each represented classification of three percent. 3. Article 17 Bilingual Pay In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU. 4. Article 19 Tool Reimbursement: Tool reimbursement for eligible employees will increase from $550 to $1,000 per fiscal year 5. Article 20 Vacation: Effective the first day of the first full pay period following City Council ratification of this MOU, the vacation accrual maximum shall increase from 320 to 400 hours. 6. Article 34 Health Insurance/Flexible Benefits Program Effective the pay periods that include January 1, 2024, January 1, 2025 and December 31, 2025, the city benefits credits will increase. March 7, 2023 Item #3 Page 209 of 397 ii 7. Article 53 Pay Ranges: Effective the first pay period in 2023, pay ranges for certain classifications will be adjusted to maintain market competitiveness. 8. Article 57 Confined Space Pay Effective the first pay period in calendar year 2023 employees classified as Utility Workers and Water Systems Operators will also receive this pay. March 7, 2023 Item #3 Page 210 of 397 iii CCEA MEMORANDUM OF UNDERSTANDING 1/1/2023 to 12/31/2025 TABLE OF CONTENTS Foreword ..............................................................................................................Page 1 Preamble ..............................................................................................................Page 1 Article 1 Recognition ............................................................................Page 1 Article 2 Implementation ......................................................................Page 1 Article 3 Term .......................................................................................Page 1 Article 4 Renegotiation .........................................................................Page 2 Article 5 Authorized Agents .................................................................Page 2 Article 6 No Strike and No Lockout .....................................................Page 2 Article 7 City Rights .............................................................................Page 3 Article 8 Employee Rights ....................................................................Page 3 Article 9 Association Rights .................................................................Page 3 Article 10 Confidential Employees .........................................................Page 5 Article 11 CCEA Dues ............................................................................Page 6 Article 12 Compensation Adjustments ...................................................Page 7 Article 13 Distribution of Paychecks ......................................................Page 7 Article 14 Overtime ................................................................................Page 8 Article 15 Working Out of Classification & Temporary Upgrade Pay ..Page 12 Article 16 Injured on Duty ......................................................................Page 13 Article 17 Bilingual Pay ..........................................................................Page 14 Article 18 Uniforms and Equipment .......................................................Page 14 Article 19 Tool Reimbursement ..............................................................Page 15 Article 20 Vacation ................................................................................Page 17 Article 21 Holidays .................................................................................Page 19 Article 22 Sick Leave ..............................................................................Page 21 Article 23 Bereavement Leave ................................................................Page 22 Article 24 Family and Medical Leave Acts ...........................................Page 23 Article 25 Leave of Absence ...................................................................Page 23 Article 26 Military Leave ........................................................................Page 25 Article 27 Jury Duty ................................................................................Page 25 Article 28 Rest Periods ...........................................................................Page 26 Article 29 Late Starts ..............................................................................Page 26 Article 30 Flexible Classifications ..........................................................Page 26 Article 31 Flexible Start Hours ...............................................................Page 27 Article 32 Alternative Work Schedules and Shift Changes ....................Page 27 Article 33 Flexible Job Sharing ..............................................................Page 28 Article 34 Health Insurance/Flexible Benefits Program .........................Page 28 Article 35 Short Term Disability Insurance ............................................Page 30 Article 36 Long Term Disability Insurance ............................................Page 31 Article 37 Retirement ..............................................................................Page 31 Article 38 Deferred Compensation .........................................................Page 32 March 7, 2023 Item #3 Page 211 of 397 iv CCEA Memorandum of Understanding Table of Contents Page 2 Article 39 Dispute Resolution Procedure................................................Page 33 Article 40 Alcohol and Drug Policy .......................................................Page 39 Article 41 Access to Information ............................................................Page 42 Article 42 Communications ....................................................................Page 43 Article 43 Legal Representation .............................................................Page 43 Article 44 Layoff .....................................................................................Page 44 Article 45 Full Understanding, Modification & Waiver .........................Page 46 Article 46 Provisions of Law ..................................................................Page 46 Article 47 Retention of Benefits .............................................................Page 46 Article 48 Non-discrimination Clause ....................................................Page 47 Article 49 Americans With Disabilities Act ...........................................Page 47 Article 50 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits ..........................................Page 47 Article 51 Special Housing Facilities......................................................Page 47 Article 52 Contracting Out Work............................................................Page 50 Article 53 Pay Ranges .............................................................................Page 51 Article 54 Survey Market ........................................................................Page 53 Article 55 Reopener ................................................................................Page 54 Article 56 Paid Family Leave .................................................................Page 54 Article 57 Confined Space Pay ...............................................................Page 54 Attachment A Salary Schedule - General Employees Attachment BA Compensation and Benefits Summary – CCEA Represented Employees Working a Reduced FTE Schedule Attachment CB Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibilities and Agreement to Terms of Assignment Attachment DC Separation Agreement and General Release March 7, 2023 Item #3 Page 212 of 397 1 MEMORANDUM OF UNDERSTANDING between the City of Carlsbad and the Carlsbad City Employees’ Association Foreword The Memorandum of Understanding is made and entered into between designated management representatives of the City of Carlsbad (hereinafter referred to as the “Citycity”), and the designated representatives of the Carlsbad City Employees’ Association (hereinafter referred to as “CCEA” or “Association”). Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as “Memorandum”) to promote and provide for harmonious relations, cooperation, and understanding between the City city Management representatives and the general employees covered under this Memorandum, as shown on Attachment Aon the Carlsbad City Employees’ Association Salary Schedule; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. Article 1 Recognition The City of Carlsbad recognizes CCEA as the exclusive majority representative for all classifications in this unit, as set forth in the Carlsbad City Employees’ Association Salary ScheduleAttachment A, pursuant to the petition for formal recognition submitted on February 11, 1976, and approved April 20, 1976, in accordance with the Carlsbad Municipal Code. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council acts, by majority vote, formally to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum of Understanding shall be from January 1, 20212023, through December 31, 20222025. March 7, 2023 Item #3 Page 213 of 397 2 Article 4 Renegotiation In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum of Understanding, that party shall serve upon the other a notice of such intent prior to expiration of the Memorandum of Understanding. If a party provides intent pursuant to this section, the parties agree to initially meet not less than forty-five (45) calendar days and no more than six months prior to the expiration of the Memorandum of Understanding, if possible. Article 5 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum: A. City’s principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (442)-339-2820(760) 602-2440), except where a particular City city representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CCEA authorized representatives shall be its President, its Board of Directors, or a CCEA member in good standing who has been designated as an authorized CCEA representative in writing by CCEA’s President or a member of the Board of Directors. (Address: 1635 Faraday Avenue, Carlsbad, CA 92008). C. Copies of all correspondence to CCEA authorized representatives shall also be sent to the CCEA designated staff representatives. CCEA will notify Human Resources of the organization, contact name, and address whenever a change is made. Article 6 No Strike and No Lockout A. No Strike. During the life of this agreement, neither the Association nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any other intentional disruption of the operations of the Citycity, regardless of the reason for so doing. B. Penalty. Any employee engaging in activity prohibited by Article 6, A., or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this agreement, the City city will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 6, A. D. Association Official Responsibility. Each employee who holds the position of officer of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provision of this article, the Association agrees to inform its members of their obligations under this agreement and to direct them to return to work. March 7, 2023 Item #3 Page 214 of 397 3 Article 7 City Rights The rights of the City city include, but are not limited to the exclusive right to determine mission of its constituent departments, commissions, committees, and boards; set standards of service; determine procedures and standards of selection for employment and promotions; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reason; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 8 Employee Rights A. Employees of the City city shall have the right to form, join and participate in the activities of CCEA for the purpose of representation on all matters of Employer-Employee Relations, including but not limited to, wages, hours, and other terms and conditions of employment. Employees of the City city also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the Citycity. B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the Citycity, CCEA or other employee organization(s) because of the exercise of his/herthe employee’s rights under this Article. C. An individual employee reserves the right to individual representation, upon formal notice to CCEA and the Citycity, on any matter of Employer-Employee Relations. D. CCEA shall be provided notice of the results of such individual Employeeemployee-City city meetings. Article 9 Association Rights A. The City city recognizes the right of CCEA to govern its internal affairs. B. The City city agrees to include a one-page CCEA “Information Sheet” in the orientation packet for newly hired employees in positions represented by CCEA. The City city and CCEA agree that the purpose of the “Information Sheet” is to familiarize new employees with the operations and benefits of CCEA. All costs associated with preparing the “Information Sheet” shall be borne by CCEA. CCEA agrees to indemnify and hold the City city harmless for any disputes between CCEA and employees represented by CCEA arising out of information contained in the “Information Sheet.” Prior to distribution the “Information Sheet” must be approved by the Human Resources Director. Should the City city have less than ten (10) CCEA information sheets on hand, it shall notify CCEA so that CCEA can ensure that the City city has adequate information sheets on hand for new hires. March 7, 2023 Item #3 Page 215 of 397 4 C. The City city will furnish bulletin boards for use by CCEA. Material placed on said bulletin boards shall be at the discretion of CCEA. The City city may remove CCEA material only in the event the material is obviously offensive to good taste, defamatory, and shall be removed only on prior notification to CCEA. Bulletin boards shall be located at: 1) City Hall Employees’ Lounge, 2) Library Employees’ Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Faraday Employees’ Lounge, 6) Safety Center Employees’ Lounge, 7) Fleet Maintenance, 8) Stagecoach Community Park, 9) Calavera Community Park, 10) the City Clerk’s Office, and 11) the Senior Center. By mutual agreement additional locations may be added. CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the bulletin boards furnished by the City city for the exclusive use by CCEA. D. Upon written request from CCEA, the City city agrees to provide CCEA with a listing of names, departments, and classifications of employees in classifications represented by CCEA. Names, departments, and classifications provided will reflect the most current data on file with the Human Resources Department as of the date the list is prepared. E. CCEA shall provide and maintain with the City city a current list of the names and all authorized representatives of the CCEA. An authorized representative shall not enter any work location without the consent of the Department Head or his/her designee or the City Manager or his/her designee. The Department Head or his/her designee shall have the right to make arrangements for a contact location removed from the work area of the employee. Management shall not unreasonably deny access. F. CCEA may, with the approval of the Human Resources Department, be granted the use of City city facilities for after hour meetings. G. CCEA shall be allowed to designate employee representatives to assist employees in preparing and processing grievances; and preparing and presenting material for disciplinary appeals hearings. CCEA may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend discipline or grievance hearings or City Council meetings during the off-duty time shall do so on their own time; providing, however, that employees who are ordered or subpoenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum of Understanding. March 7, 2023 Item #3 Page 216 of 397 5 Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations. Designated employee representatives requesting time off under this article shall direct such request to his/herthe employee representatives’ immediate supervisors in writing within a reasonable time period to the date requested, in order to assure that the department meets its staff needs and to assure sufficient coverage of departmental assignments. H. CCEA may select members of the organization to attend scheduled meetings with the City city staff on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the City city may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the City city at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Department Head or other authorized City city management official. (2) That any such meeting is subject to scheduling by City city management in a manner consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City city management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. Article 10 Confidential Employees Employees are designated as confidential employees due to the work they perform related to employer-employee relations and the access they have to information related to employer- employee relations. Confidential employees: • may not act as representatives of employee organizations which represent other employees of the city (e.g., may not represent employees in discipline or grievance procedures), • may not provide information related to or participate in labor negotiations on behalf of CCEA, • and may not disclose information obtained in their job duties to bargaining unit members or any employee organization unless required by their job. This article does not otherwise limit the right of confidential employees to be members of and to hold office in CCEA. The following positions are designated as confidential: March 7, 2023 Item #3 Page 217 of 397 6 1) Human Resources Department: all CCEA-represented positions in this department 2) City Manager’s Office: all CCEA-represented positions in this department 3) City Attorney’s Office: all CCEA-represented positions in this department 4) Finance Department: Administrative Secretary, Accountant and Accounting Technician assigned to payroll responsibilities, Business Systems Specialist, Secretary 5) Information Technology Department: Business Systems Specialist, Business Intelligence Analyst and any other positions in this department that, due to the work responsibilities, require regular access to and are responsible for supporting applications/databases that contain confidential employee information, including, but not limited to, HCMS, timekeeping, payroll and performance management applications. Positions in this department that may periodically access applications/databases that contain confidential employee information but, for which prior approval from management is required to gain such access, are not considered confidential positions. The City city may create new confidential positions. In such cases, the City city will notify the Association of the proposed new confidential position and provide the Association with the job specifications of the new position prior to its implementation. Article 11 CCEA Dues The CCEA will provide the City city with information regarding the amount of dues deductions and the list of CCEA member employees who have affirmatively consented to or authorized dues deductions. The City city shall deduct CCEA membership dues and any other mutually agreed upon payroll deductions, to the extent permitted by law, from the bi-weekly pay of each member employee and remit the deducted dues to the CCEA as soon as possible after the deduction. The City city agrees to direct each member employee to CCEA with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law. CCEA is responsible for providing the City city with timely information regarding changes to member employees’ dues and any other lawful union-related payroll deduction. 1.0 CCEA’s Certification The City city shall make payroll deductions in reliance on the Union’s certification certifying that CCEA has and will maintain an authorization, signed by each member employee who affirmatively consents to pay CCEA membership dues. The CCEA is responsible for providing the City city with timely information regarding changes to member employee’s dues and any other lawful union-related payroll deduction. The City city shall continue to withhold such deductions and shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by CCEA. The City city shall not request CCEA to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization. 2.0 Covered Employees March 7, 2023 Item #3 Page 218 of 397 7 All employees covered by the Memorandum of Understanding between the City city and the Association are considered covered employees under this Article. 3.0 Priority of Deductions All other legal and required deductions (e.g., payroll taxes, income taxes, health care premiums) have priority over dues deductions. No dues deduction will be made from an employee’s paycheck unless the employee’s earnings are sufficient to cover the dues after all other legal and required deductions are made. 4.0 Indemnification The Association agrees to defend, indemnify and hold the City city (including its Water District and their officers, employees, agents, and elected or appointed officials) harmless from and against any and all claims, demands, losses, damages, disputes, fines, penalties, suits, actions, causes of action, judgments, obligations, liabilities, costs and expenses (including, but not limited to, reasonable attorney’s fees and court costs), or other actions arising out of or relating to Article 11, including but not limited to, any claims made by any member employees for the membership dues deductions the City city made in reliance on the CCEA’s certification, and any claims made by any member employees for any deduction cancellation or modification the City city made in reliance on the information provided by the CCEA. In the event any such action or proceeding is brought against the City city by reason of any such claim, the CCEA, covenants to defend such action or proceeding by counsel reasonably satisfactory to the Citycity. Further, the CCEA agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the CCEA’s actions or inactions under Article 11. Article 12 Compensation Adjustments Effective January 1, 2021, all CCEA employees shall receive a two percent (2%) base salary increase. An employee’s base pay rate may not exceed the maximum of the pay range for their classification. Effective January 1, 2022, all CCEA employees shall receive a two and a half percent (2.5%) base salary increase. An employee’s base pay rate may not exceed the maximum of the pay range for their classification. Effective the first pay period in calendar year 2023, the CCEA salary ranges shall be converted to six salary steps as shown in the Carlsbad City Employees’ Association Salary ScheduleAttachment A. All CCEA employees shall be placed onto the nearest salary step equal to or greater than their current base pay rate. If eligible, an employee will receive a step increase on their anniversary date starting with the first pay period in calendar year 2023. Subsequent step increases will be governed by Section 4 of the City of Carlsbad Personnel Rules and Regulations re: advancements within a pay range. March 7, 2023 Item #3 Page 219 of 397 8 Effective the first full pay period following City Council ratification of this MOU, all CCEA employees who are on step 6 shall receive a one-time non-pensionable cash stipend equal to $3,400. Effective January 1, 2024, the city shall create a new salary step 7 that is four percent higher than step 6 and step 1 will be eliminated (see the Carlsbad City Employees’ Association Salary ScheduleAttachment B). Effective January 1, 2025, the city shall implement an across-the-board base salary increase for each represented classification of three percent. The City city will continue its practice of periodically reviewing classification specifications and salaries. Article 13 Distribution of Paychecks CCEA employees are not required to receive payroll funds through electronic deposit. Employees who provide written authorization for such electronic deposit, shall receive a Statement of Earnings (pay stub) through an electronic pay system. The electronic pay system will permit employees to view/print current and previous bi-weekly pay stubs. The Employer will provide training for all employees, as necessary in the use of the electronic pay system. For those employees who do not provide written authorization for an electronic deposit of their payroll, their payroll funds will be deposited in the U.S. mail with postage fully prepaid on the Friday following the electronic pay date or as soon as administratively possible if there is not an Accounts Payable check run that Friday. Payroll will be mailed to the last known address on file with the Human Resources Department. It shall be the responsibility of the employee to update their address of record with the Human Resources Department as required. The City city shall make every reasonable effort to resolve payroll errors during the next pay period, and to provide additional sums (when warranted) with the following payroll. The City city agrees to meet with the CCEA at mutually acceptable times and places to review payroll related problems affecting more than one bargaining unit member. Article 14 Overtime 1. Overtime Any employee required to perform in excess of forty (40) hours in a seven (7) day cycle and/or in excess of an employee’s scheduled work day shall receive compensation at the rate of time and one-half his/herthe employee’s regular rate of pay, except as outlined in Section 2 below. The regular rate of pay shall be calculated in conformance with the FLSA. In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. March 7, 2023 Item #3 Page 220 of 397 9 There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. 2. Request for Temporary Shift Adjustment (Flex Time) An employee may request that the employee’s normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee’s FLSA work week and same pay period without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate. The FLSA work week for employees on a 9/80 schedule begins four (4) hours after the regularly scheduled starting time for their Friday shift and ends one hundred sixty eight (168) hours later (at four (4) hours after the regularly scheduled starting time for their Friday shift). For all others the work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m. 3. Call Back Pay Call back duty occurs when an employee is requested and accepts the request to return to duty on a non-regularly scheduled work shift. Call back does not occur and regular overtime rules and pay apply (e.g., no minimum) when an employee is held over from his/herthe employee’s prior shift or is working prior to his/herthe employee’s regularly scheduled shift or if the assignment has been scheduled in advance and the employee is provided with at least twenty four (24) hours notice of said assignment. Coming Back To Work If the employee has to come to work to resolve the problem, (i.e., the work is not completed remotely via phone/computer) the employee called back to duty shall be credited with a minimum of two (2) hours work commencing at the time the employee begins their commute to work. The employee shall be paid for travel time to and from the call back assignment up to a maximum total travel time (to and from) of three (3) hours. Travel time is included as part of the call back minimum compensation. Mileage reimbursement for expenses to the work site will not be compensated. Some example scenarios are shown below. Example 1 Time spent commuting to work is 2 two hours Time spent at work is 1 one hour Time spent commuting back home is 2 two hours Total paid time for this scenario would be 4 four hours (maximum 3 three hours for commute/travel time plus 1 one hour at work). Example 2 Time spent commuting to work is 15 minutes Time spent at work is 30 minutes March 7, 2023 Item #3 Page 221 of 397 10 Time spent commuting back home is 15 minutes Total paid time for this scenario would be 2 two hours (the minimum call back pay). Example 3 Time spent commuting to work is 1 one hour Time spent at work is 1 one hour Time spent commuting back home is 1 one hour Total paid time for this scenario would be 3 three hours. Performing the Work Remotely If the work is performed remotely via phone/computer the employee shall be credited for a minimum of thirty (30) minutes work commencing at the time the employee begins the callback work. If an employee receives multiple calls/messages and completes the work related to all of those calls/messages remotely and via phone/computer within the same thirty (30) minute period, the employee shall be credited for a minimum of thirty (30) minutes work. 4. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect, subject to department approval, to receive compensatory time off. The employee will be paid out the overtime premium at the regular rate of pay when compensation time is earned. No employee shall accrue more than eighty (80) hours of such compensatory time. When an employee has accumulated the maximum number of hours of compensatory time off he/she the employee shall receive all overtime compensation in cash. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. Effective January 1, 2020, all accrued and unused compensatory time during the calendar year will be cashed out on the last pay date of the calendar year. No compensatory time may be accrued beginning on the last pay period of the calendar year through the end of the calendar year. At any time an employee may elect to “cash out” any portion of his/herthe employee’s accrued compensatory time balance at his/herthe employee’s regular base rate of pay by requesting this “cash out” on his/herthe employee’s time card. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance. 5. Overtime Authorization All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. March 7, 2023 Item #3 Page 222 of 397 11 6. Clothes Changing Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/heremployee’s own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/herthe employee’s own discretion. Nothing herein prevents an employee from wearing his/her the employee’s uniform to and/or from his/her the employee’s residence and work. Nothing herein prevents an employee from wearing his/her the employee’s uniform while conducting personal business during lunch time. Time spent in changing clothes before or after a shift, is not considered hours worked and is not compensable in any manner whatsoever. 7. Training Time Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq. Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq. When feasible, the Department will adjust the employee’s work schedule to minimize the impact of travel and training time. Travel time to and from local work-related training either before, during or after regularly scheduled work hours shall be compensated for all CCEA employees regardless of whether the employee is a driver or passenger. For the purposes of this section, “local” refers to work related training taking place in San Diego, Imperial, Orange, Riverside, San Bernardino and Los Angeles Counties. 8. City Vehicle Use Employees who are provided with a City city vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City city vehicle. Refer to Administrative Order No. 3 for more information regarding use of City city vehicles. This provision also applies in those situations where the radio must be left on and monitored. 9. Court Pay When an employee is physically called to court for Citycity-related business, while off duty, he/she the employee shall be credited on an hour for hour basis for the time actually spent in court. An employee shall be credited with a minimum of two (2) hours for the March 7, 2023 Item #3 Page 223 of 397 12 court appearance. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. 10. Standby Pay “Standby assignment” requires an employee to: a. Review and confirm receipt of the standby assignment schedule within the deadlines established by the applicable department; b. Carry a cellular phone during standby assignment; c. Respond to a call/message promptly without delay. If an employee has arranged for another employee to respond, the employee must notify the supervisor, the department, and dispatch of the name of the substitute employee who will respond. Callback shall be handled in accordance with each department’s standby/callback policy; d. Each department’s standby/callback policy shall be developed and submitted to Association representatives for meeting and conferring. In addition, the City city shall provide training for the supervisors and managers responsible for administering departmental standby/callback policies and shall also provide orientation for all employees subject to the standby/callback policies; e. Abide by the City’s city’s Alcohol and Drug Policy as specified in Article 40 of this agreement during standby assignment; and abide by the rules and regulations set forth by the Department of Transportation (DOT); f. Wear appropriate clothing, safety equipment, and any other form of City city identification as defined by the department when making a callback response from standby assignment; g. Accept $35.00 per day for each day on standby assignment. h. Acknowledge and agree that time on standby assignment is not considered to be compensable work time for purposes of the Fair Labor Standards Act (FLSA); provided, however, (1) individuals have not waived any rights they may have outside of this contract under the FLSA; and (2) neither the fact of these negotiations nor the changes negotiated in this agreement shall be used by either party or by any individual to the prejudice of the other party in any grievance or complaint outstanding as of the time of this agreement. i. The Information Technology Department will implement standby duty upon ratification of this MOU and in accordance with the Information Technology Department Standby Policy dated February 23, 2018. Article 15 Working Out of Classification and Temporary Upgrade Pay March 7, 2023 Item #3 Page 224 of 397 13 Whenever the needs of the City city require an employee to temporarily perform the duties of a job classification that has a higher pay range than the pay range associated with their current job classification for a period of more than twenty-one (21) calendar days, the employee shall be designated as being in an out-of-class assignment and shall receive additional temporary upgrade pay while in the out-of-class assignment. In such cases, the employee shall be paid at an appropriate level which will assure an increase of not less than five percent (5%) greater than his/her the employee’s current base salary. Subsequent to designation in an out-of-class assignment, in the event that the situation changes and the City city does not need the employee to serve in an out-of-class assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive the temporary upgrade pay for that period of time the out-of-class assignment lasts. In the event that at the beginning of an out-of-class assignment, it is not perceived that the assignment will last at least twenty-one (21) consecutive calendar days, and the assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the Human Resources Director as recommended by the affected Department Head. Exceptions to the minimum qualifications criteria may be recommended by the affected Department Head on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification he/she the employee shall receive not less than two and one half percent 2.5% temporary upgrade pay. The temporary upgrade pay shall commence on the first (1st) calendar day of the temporary out-of-class assignment. The recommendation that an employee be placed in an out-of-class assignment shall be put in writing by the affected Department Head and submitted to the Human Resources Director for approval. If an employee is serving in an out-of-class assignment for a vacant position, the employee shall not serve more than nine hundred sixty (960) total hours, including leave and overtime hours, in a fiscal year. All other employees in out-of-class assignments shall not serve for more than one hundred and eighty (180) calendar days unless approved by the City Manager or his/her designee. Temporary upgrade pay shall be reported to the Public Employees’ Retirement System in accordance with applicable regulations. If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the city) for more than twenty-one (21) calendar days, the temporary upgrade pay associated with their out of class assignment shall cease on the twenty-second (22nd) day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the out of class assignment, the temporary upgrade pay will resume as of the day the employee returns to work. A person appointed in an out-of-class assignment shall be eligible to receive merit increases in his/her the employee’s regular position during the out-of-class assignment. The Human Resources Director shall obtain the employee’s consent for the temporary performance of any of the duties of the higher classification beyond a period of twenty-one (21) calendar days, prior to the employee’s assuming or continuing the duties and additional compensation, which consent shall clearly state that it is understood that a reduction in salary shall be effected to his/her the March 7, 2023 Item #3 Page 225 of 397 14 employee’s original salary rate upon the expiration of the need for the performance of the duties of the higher classification. The Association may present to the Human Resources Director specific facts which support that an employee is performing the duties of a higher classification. The Human Resources Department will conduct a study and provide the Association with the findings of the classification study. Should the study determine the duties to be of a higher, lower or comparable existing classification, a proposed solution to the situation will be offered. The proposed solution may include, among other alternatives, that the work be managed in an alternative manner or that the position be reclassified to reflect the work being performed. The reclassification of a position will be approved in accordance with the personnel rules. Article 16 Injured on Duty Occupational Sick Leave is leave with pay that is granted to employees who have sustained a work related injury or illness and are temporarily disabled from work. Any general employee that sustains a work related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period of up to forty-five (45) calendar days for any single incident. The periods of temporary disability need not be continuous. Any aggravation of a pre-existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the employee will not be entitled to any occupational sick leave benefit which exceeds the original maximum of forty-five (45) calendar days. The Ccity reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures and standards (including pre-designated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers’ compensation matters and/or FMLA/CFRA matters. An employee who is still temporarily disabled after the forty-five (45) calendar days have been exhausted will be paid at the rate established by the California Labor Code for such disabilities. However, the City city shall supplement the State rate, up to the employee’s full salary level, by utilizing any vacation, sick, or compensatory leave that the employee has accrued. Once the employee’s accrued leave has been exhausted, the employee will be compensated at the State rate for the balance of the temporary disability period. Wages alone will be the basis of computation for occupational sick leave. Article 17 Bilingual Pay Effective the first day of the pay period that includes January 1, 2021, theThe City city will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $50.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the Citycity. In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as determined by the City city in the foreign language or American Sign Language (ASL). In March 7, 2023 Item #3 Page 226 of 397 15 order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU. This Article shall not be subject to the grievance procedure. Article 18 Uniforms and Equipment A. The City city shall continue to provide and maintain uniforms in the maintenance departments. B. Employees shall be responsible for proper care and maintenance of uniforms. C. Except for reasonable travel time to and from work, uniforms shall not be worn outside the context of performing maintenance functions while on duty or as otherwise acting as an agent of the Citycity. D. The City city shall determine the CCEA classifications which require employees to wear safety footwear. The City city shall establish, subject to consultation with the affected employees, a voucher system for the employees to acquire safety footwear and insoles. Acquisitions of safety footwear or insoles made outside the voucher system must be pre- approved by the acquiring employee’s department. Reimbursement for the acquisition of safety footwear and insoles shall be limited to a maximum of four hundred and fifty dollars ($450) per fiscal year. All reimbursement requests must be approved by the acquiring employee’s department. E. The City city will reimburse any employee who is required to wear safety glasses and/or goggles up to one hundred seventy-five dollars ($175) in a calendar year for the cost of prescription lenses for such glasses and/or goggles, subject to the following conditions: 1. The employee must present an appropriate receipt; 2. Reimbursement is for lenses only and not for eye examination, treatment or visits to an optometrist or optician; 3. The City city will provide reimbursement only for glasses and/or goggles if the prescription has changed or if glasses and/or goggles have been damaged; and 4. Glasses and/or goggles for which the City city has provided reimbursement shall only be used while performing work for the Citycity. F. Value of Uniforms reported to CalPERS The City city shall report the biweekly amount of $1.92 as special compensation related to the monetary value of the required uniforms for employees in the following positions: March 7, 2023 Item #3 Page 227 of 397 16 1. Building Maintenance Worker I/II 2. Cross Connection Control Technician 3. Custodian /Custodian II 4. Environmental Specialist I/II 5. Equipment Service Worker 6. Equipment Technician I/II 7. Lead Equipment Technician 8. Maintenance Aide in the Parks Division 9. Maintenance Worker in Parks and Streets Departments 10. Meter Services Worker I/II/III 11. Park Maintenance Specialist 12. Park Maintenance Worker II/III 13. Sanitation Systems Operator I/II/III 14. Scada Technician 15. Senior Building Maintenance Worker 16. Senior Cross Connection Control Technician 17. Senior Environmental Specialist 18. Storm Drain Maintenance Worker 19. Street Maintenance Worker I/II/III 20. Tree Trimmer I/II 21. Tree Trimmer Leadworker 22. Utility Worker I/II/III 23. Warehouse Technician 24. Water Conservation Specialist 25. Water Systems Operator I/II/III Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members. Article 19 Tool Reimbursement This article applies only to eligible employees in the following job classifications who furnish their own tools as a condition of employment: Lead Equipment Technician, Equipment Technicians and Equipment Service Workers. Employees in the job classifications mentioned are required to provide their own tools on the job as a condition of employment. The employees are further eligible to receive a cash tool reimbursement provided that the conditions for receiving the reimbursement are met. Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of the City city facility or some other catastrophe or accident not due to the employee’s negligence or fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all the tools in the employee’s possession at work, including those tools over and above the “essential tool list,” must be on file with the Superintendent. The City city has the right to request that a specialized tool(s) not be kept in the employee’s inventory. March 7, 2023 Item #3 Page 228 of 397 17 The City city will reimburse the employees in the above classifications up to five hundred fifty ($550) dollars $1,000 in a fiscal year for the cost of tools, subject to the following conditions: 1) The employee must present an appropriate original receipt; 2) Such reimbursement will be paid only once during the fiscal year, by September 30, and cannot be accumulated from year to year. Those expenses not documented by an original receipt, up to the five hundred fifty ($550) dollar $1,000 maximum, will be incorporated into the employee’s regular payroll check and treated as taxable income. It is the responsibility of the Management to direct the administration of the tool reimbursement and: A. Provide a list of “essential tools” which define the full inventory of tools required for employees to be eligible for tool reimbursement. B. Recommend revisions to the “essential tools” and to meet the requirements of current skilled trades technology. C. Informally agree with members of the shop when considering adding tools to the “essential tool list.” Employees receiving a tool reimbursement shall allow inspection of personal tool box by supervisor to verify outfitting of tools. The eligible employee during each work shift must have all the tools listed as “essential tools.” Failure to keep said tools on site will result in the tool reimbursement being withheld from the individual until such time as the employee comes into possession of all “essential tools.” The appropriate supervisor during the month of August will: A. Review the personal tool inventory as meeting the requirements of “essential tools.” B. Provide a recommendation to the Superintendent of an alternate tool as a substitute for the tool listed on the “essential tools” list on an item-by-item basis. In September of each year, the Superintendent shall prepare the necessary payable documents to provide for payment of the tool reimbursement to eligible employees. Article 20 Vacation Every probationary and regular full-time employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15-minute increments. A. Basis of Accrual March 7, 2023 Item #3 Page 229 of 397 18 Accrual of vacation begins with the first working day following appointment and thereafter accrues on a daily basis. The following shall be the annual vacation leave schedule: • Beginning with the first (1st) working day through the completion of five (5) full calendar years of continuous service – 13 minutes/day. • Beginning the sixth (6th) year of employment through the completion of ten (10) full calendar years of continuous service – 20 minutes/day. • Beginning the eleventh (11th) year of employment through the completion of eleven (11) full calendar years of continuous service – 21 minutes/day. • Beginning the twelfth (12th) year of employment through the completion of twelve (12) full calendar years of continuous service – 22 minutes/day. • Beginning the thirteenth (13th) year of employment through the completion of thirteen (13) full calendar years of continuous service – 24 minutes/day. • Beginning the fourteenth (14th) year of employment through the completion of fifteen (15) full calendar years of continuous service – 25 minutes/day. • Beginning the sixteenth (16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter. B. Vacation Accrual Maximum All employees shall be entitled to earn and accrue up to and including three hundred and twenty (320) hours of vacation, and no employee will be allowed to earn and accrue vacation hours in excess of the three hundred and twenty (320) hour maximum. Effective the first day of the first full pay period following City Council approval of this MOU, the vacation accrual maximum shall be increased to 400 hours. Department Heads shall encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/she the employee must submit a request in writing to the Department Head and the City Manager. The Department Head and the City Manager may grant such request if it is in the best interest of the Ccity. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. C. Vacation Conversion 1. Employees are eligible to submit an irrevocable request to elect to cash out up to 80 hours of accrued vacation hours for the following calendar year. 2. All employees wishing to convert accrued vacation to cash in the year following the election will complete a form between November 10 and December 10 of March 7, 2023 Item #3 Page 230 of 397 19 each year. Elections will not carry over from one calendar year to the next calendar year. 3. Only vacation hours accrued during the calendar year following the election may be cashed out. Employees accruing less than the election amount may cash out no more than their total vacation accrual in the following calendar year. 4. The employee’s accrued vacation to convert to cash will be credited first to the cash out account with the employee’s earned vacation leave until the employee’s full election amount is reached. The vacation hours designated to the cash out account will not be credited toward the employee’s maximum vacation accrual. During this period of time, no earned vacation leave will be credited to the employee’s vacation time off balance. 5. Payment of vacation hours elected for cash out will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case payment of the elected vacation hours may will be cashed out in July at the employee’s request. All vacation hours will be paid in the calendar year in which the vacation hours accrue. If the employee does not accrue all requested vacation hours in the calendar year, the vacation payment amount will be reduced to the total number of vacation hours the employee actually accrues in the calendar year and the payout will be made no later than the last pay date in the calendar year. 6. The vacation payment amount will be based on the employee’s rate of pay at the time of the payout. The vacation payment amount is taxable income, subject to all applicable withholding amounts and payroll deductions. 7. An employee who does not elect to cash out vacation by December 10 waives their right to do so and will not be allowed to cash out any vacation accruing in the following year. D. Effects of Holiday on Vacation Leave In the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday. E. Effect of Leave of Absence on Accrual of Vacation Leave Refer to Article 25.3 for the effect of a leave of absence on vacation accrual. F. Compensation for City Work During Vacation Prohibited No person shall be permitted to work for compensation for the City city in any capacity, except compensation for mandated court appearances, during the time of his/her the employee’s paid vacation leave from City city service. This clause shall not limit the City’s city’s right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status. G. Scheduling Vacations March 7, 2023 Item #3 Page 231 of 397 20 An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her the employee’s Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall normally provide one week notice in advance of the day(s) he/she the employee is requesting vacation time off. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. H. Vacation Payout An employee separating from the City city service who has a balance of unused accrued vacation leave shall be entitled to be paid for the remainder of their unused accrued vacation leave as of their last day on payroll. When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided in the Probate Code of the State. Article 21 Holidays A. Authorized Holidays The City city shall observe eleven (11) scheduled paid holidays. The scheduled paid holidays that will be official City city holidays shall be as follows: New Year’s Day Columbus DayIndigenous 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 Only those who are on employed status on their last scheduled workday before a holiday shall be entitled to the paid holiday except where otherwise required by law. Effective July 1, 2019, allAll CCEA employees will receive two floating holidays per fiscal year, each year on July 1st. The floating holiday may be used at the discretion of the employee with prior approval of the Department Head. The floating holiday must be taken as a full day off. There is no partial day use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift on that day. Unused floating holidays will not carry over to the next fiscal year and will not paid out upon separation of employment. B. Procedure if Holiday Falls on Saturday or Sunday When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. March 7, 2023 Item #3 Page 232 of 397 21 The City city shall annually develop and publish a holiday schedule which will identify the specific days on which the above holidays will be observed as official City city holidays. C. When a Holiday Falls on a Regularly Scheduled Work Shift When a holiday falls on an employee’s regularly scheduled work shift, the employee is entitled to be absent that day and receive holiday pay at straight time equal to the number of hours in his/her the employee’s regular work shift. If the employee’s supervisor requests that the employee work on that holiday, the employee may, with the supervisor’s approval, choose one of the following two options. Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift. This does not result in any overtime pay or additional pay. In this case, the City city published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on the holiday plus the holiday pay at straight time equal to the number of hours in his/her the employee’s regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. D. When a Holiday Falls on an Employee’s Regular Day Off When a holiday occurs on a day which is the employee’s regular day off, the employee is entitled to be absent on their next regularly scheduled work shift immediately following the holiday (i.e., their next regularly scheduled work shift becomes their designated holiday). If the employee’s supervisor requests that the employee work on their designated holiday (i.e., the next regularly scheduled work shift immediately following the City’s city’s published holiday), the employee may, with the supervisor’s approval, choose one of the following two options. Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift. This does not result in any overtime pay or additional pay. In this case, the City city published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on their designated holiday plus the holiday pay at straight time equal to the number of hours in his/her the March 7, 2023 Item #3 Page 233 of 397 22 employee’s regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. E. Employees on Leave Refer to Article 20 and Article 22 for information regarding the impact of holidays on vacation and sick leave. Article 22 Sick Leave Sick leave can be used in 15-minute increments. A. Accrual and Usage Every probationary and regular full-time employee shall accrue sixteen (16) minutes sick leave with pay for each calendar day of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Such accruals shall be cumulative. An employee shall not receive payment for unused sick leave accumulated to his/her the employee’s credit upon termination, whether voluntary or involuntary. 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 employee or an employee’s family member (e.g., to recuperate from or receive treatment for personal injuries or illnesses, to care for an injured or ill family member or to attend medical, dental or optometry appointments). 2. If the employee 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), domestic violence services, or medical or mental health treatment. Employees shall be required to account for all hours they are requesting as sick leave via the city’s timekeeping/scheduling system. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws. If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated. March 7, 2023 Item #3 Page 234 of 397 23 Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965. Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick leave shall be allowed as follows: 1. In the case of actual illness or disability that is not job related. 2. Exposure to contagious disease that would jeopardize the health of others. When sick leave is granted under these circumstances, an explanatory medical certificate from the physician is required. 3. A pre-scheduled doctor, dental, or optometry appointment has been approved by the employee’s direct supervisor. 4. Because illness of a member of the immediate family requires constant care and no other care is available and/or financially feasible except that of the employee. Immediate family is defined in Article 23, Bereavement. 5. All leave provisions will be administered consistent with state and federal laws. B. Proof of Illness In order to receive compensation while absent from duty on sick leave, the employee must notify his/her immediate supervisor prior to the time set for the beginning of his/her regular duties. The Department Head, with Human Resources department approval, may request a certificate issued by a licensed physician or other satisfactory proof of illness when abuse is suspected and/or when sick leave use is in excess of three (3) consecutive workdays. The Human Resources department, at the request of the Department Head may also designate a licensed physician to conduct a physical examination, and such examination shall be conducted at City expense. Employees shall be required to account for all hours they are requesting as sick leave by completing an absence request. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when in the opinion of the Department Head determines that the employee has abused such privileges. CB. Effect of Leave of Absence Refer to Article 25.3 for the effect of a leave of absence on sick leave accrual. DC. Blood Donations Employees making a donation of blood without charge will be given reasonable time off for that purpose. No charge will be made against accrued leave when such absence is approved in advance by the supervisor. ED. Effect of Holidays on Sick Leave March 7, 2023 Item #3 Page 235 of 397 24 In the event one or more authorized municipal holidays fall within a sick leave, such holiday shall not be charged as sick leave, but shall be credited as a holiday. FE. Sick Leave Conversion Any permanent employee who has accrued and maintains a minimum of one hundred (100) hours of sick leave shall be permitted to convert up to twelve (12) days of accumulated uncompensated sick leave to vacation at a ratio of three (3) sick leave days per one (1) day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum of three hundred and twenty (320) hours. Any permanent employee applying for retirement with the Public Employees’ Retirement System may convert accrued and unused sick leave time to extend service time in the system at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service. Article 23 Bereavement Leave A. An employee shall be granted, upon written request, up to three work shifts of paid bereavement leave if required to be absent from duty due to the death of a member of the employee’s immediate family. Effective Jan. 1, 2023, an additional two days may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. Additional time off may be authorized by the Department Head and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. The “immediate family” shall be defined in the personnel rules and regulations. B. The employee may be required to submit proof of relative’s death before final approval of bereavement leave is granted. Article 24 Family and Medical Leave Acts The parties acknowledge the existence applicability of the state and federal fFamily and mMedical lLeave aActs (“the Acts”) (FMLA) and the California Family Rights Act (CFRA) and the city intends to apply and implement this Memorandum of Understanding so as to comply with the Actsthese laws. As to employees who are entitled to family and medical leave under the Acts, the City will apply “Article 25 Leave of Absence,” as modified to comply with greater benefits and protections, if any, that are provided in the Acts. The parties agree to consult if compliance with these laws Acts may hereafter requires modifying the provisions of this Memorandum of Understanding. Article 25 Leave of Absence March 7, 2023 Item #3 Page 236 of 397 ----- --------- 25 To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the CFRA or FMLA. 1. Leave of Absence Without Pay A. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of his/her the employee’s 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 the employee’s vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons: 1. Illness or disability. 2. To take a course of study which will increase the employee’s usefulness on return to his/her the employee’s position in the City 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 city for any benefit premiums paid by the City city during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by his/her the employee’s 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 March 7, 2023 Item #3 Page 237 of 397 26 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 the employee shall contact his/her the employee’s Department Head at least fourteen (14) calendar days prior to the day he/she the employee plans to return. The Department Head shall promptly notify the Human Resources Department of the employee’s intention. The employee shall return at a rate of pay not less than the rate at the time the leave of absence began. E. Leave Without Pay - Insurance Payments and Privileges An employee on leave without pay may continue his/her the employee’s City city insurance benefits by reimbursing the City city for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the City 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 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 city and the employee (e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees (e.g., holiday pay), unless required by law. 2. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued sick leave , vacation, compensatory time and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except compensatory time offsick 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 city reasonable notice of the date the leave shall commence and the estimated duration of the leave. 3. Extended Leave of Absence March 7, 2023 Item #3 Page 238 of 397 27 Upon completion of 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) an employee will not be eligible for the benefits listed below: • accrual of sick leave and vacation. and • cell phone allowance. On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s vacation anniversary date and seniority (calculation of continuous service with the Citycity) will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive calendar days. During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence. Exception for a Probationary Newly Hired Employee When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends beyond 14 consecutive calendar days the probationary period shall be extended for each calendar day the employee was on a leave of absence. Other than this exception, all other provisions in this Extended Leave of Absence section apply to a probationary newly hired employee. Article 26 Military Leave Military leave shall be authorized in accordance with the provisions of State and Federal law. The employee must furnish satisfactory proof to his/her the employee’s Department Head, as far in advance as possible, that he/she the employee must report to military duty. Article 27 Jury Duty When called to jury duty, an employee, having provided at least seven (7) calendar days written notice, shall be entitled to his/her the employee’s regular compensation. If an employee also receives any compensation from the court for serving on a jury, the employee will reimburse the City city for the amount they received from the court. Employees shall be entitled to keep mileage reimbursement and/ or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees. A Department Head may, at his/her sole discretion, contact the court and request an exemption and/or postponement of jury service on behalf of an employee. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the workday. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the workday remains in light of travel time to the job site after release. March 7, 2023 Item #3 Page 239 of 397 28 Article 28 Rest Periods All CCEA represented employees shall receive, at the direction of the respective department, two (2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half shift. Employees working in the field shall take, at the direction of the department, rest periods at or nearby the work site or return to their department for rest. Rest time is not cumulative beyond the half-scheduled workday within which the break period occurs. Article 29 Late Starts An employee who is tardy to work shall be formally counseled by his/her the employee’s supervisor. Tardiness may cause the employee’s pay to be docked. Such docking shall be done by rounding to the nearest quarter hour. An employee may not substitute accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break period or lunch period. Article 30 Flexible Classifications An employee hired into one of the listed entry level positions shall be reclassified to the journey level position following twelve (12) months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the Citycity. Any Citycity-established requirements must be identified in the classification description. The employee shall be placed at the nearest step of the journey level salary range which represents a minimum five percent salary increase. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the journey level position, the employee’s salary will bet set equal to the pay range minimum. Entry Level Position Journey Level Position Account Clerk I Account Clerk II Technician I Building Technician II Engineering Technician I Engineering Technician II Library Assistant I Library Assistant II Maintenance Worker I Park Maintenance Worker II Maintenance Worker I Street Maintenance Worker II Meter Services Worker I Meter Services Worker II Office Specialist I Office Specialist II Planning Technician I Planning Technician II Police Records Specialist I Police Records Specialist II Tree Trimmer I Tree Trimmer II An employee hired into one of the entry level positions listed below shall be reclassified to the journey level position following twenty-four (24) months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the Citycity. Any Citycity-established requirements must be identified in the classification description. The employee shall be placed at the nearest step of the journey level salary range which represents a minimum five percent salary increase. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase March 7, 2023 Item #3 Page 240 of 397 29 would result in a salary that is below the pay range minimum of the journey level position, the employee’s salary will bet set equal to the pay range minimum. Entry Level Position Journey Level Position Building Inspector I Building Inspector II Code Compliance Enforcement Specialist Officer I Code Compliance Enforcement Specialist Officer II Equipment Technician I Equipment Technician II Parks Inspector I Parks Inspector II Recreation Supervisor I Recreation Supervisor II Sanitation Systems Operator I Sanitation Systems Operator II Utility Worker I Utility Worker II Waste Water Utility Worker I Waste Water Utility Worker II Water Systems Operator I Water Systems Operator II Article 31 Flexible Start Hours CCEA represented employees, with advance Department Head approval, may alter their starting time per shift between the hours of 6:00 a.m. and 9:00 a.m. The Department Head may revoke the flexible start time at any time and return the employee to regular working hours for that particular department. An employee shall receive fourteen (14) calendar days’ notice, unless extenuating circumstances preclude such a notice, prior to revocation of flexible start hours. This article is not subject to the grievance procedure. Article 32 Alternative Work Schedules and Shift Changes Employees hired on or after December 23, 1991 shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. The hours of work of the office or facility shall be established by the appointing authority and may be changed to meet operational or other requirements upon at least forty-five (45) calendar days notice to the affected employees unless there is a mutually agreed upon shorter notice period. The City city shall notify the Association and any affected employees of any proposed schedule change at least forty-five (45) calendar days prior to its implementation to allow the parties to meet and discuss on the impact of said schedule change, if requested by the Association. If the Association desires to meet and discuss impacts, the Association shall give written notice to the City’s city’s Human Resources Department within seven (7) calendar days of receipt of the notice of the proposed schedule change. The Association agrees that these discussions are not meet and confer, nor subject to all the requirements of meet and confer (for example, the City city need not negotiate to impasse and need not exhaust impasse procedures prior to implementing a schedule change). The impacted employee shall have the opportunity to propose an alternate work schedule. The City city shall have complete discretion in determining whether or not to allow an alternate work March 7, 2023 Item #3 Page 241 of 397 30 schedule and the City’s city’s decision and the impact of its decision shall be excluded from the grievance procedure. 9/80 Alternative Work Schedule: The parties acknowledge that they met and conferred in good faith over the terms and conditions for implementation of a 9/80 work schedule. The result of that meeting and conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by which the parties will control implementation of the 9/80 schedule. This article shall not be subject to the grievance procedure. Article 33 Flexible Job Sharing Two or more employees may, with the express written approval of the City Manager, the Human Resources Director, and the affected Department Head, participate in a flexible job sharing program. The specifics of such a program shall be determined by the employees and the City city on a case by case basis. Prior to implementation of any such program(s), a written agreement setting forth the specifics of the program shall be signed by the affected employees and the Citycity. This article shall not be subject to the grievance procedure. Article 34 Health Insurance/Flexible Benefits Program Employees represented by CCEA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, accidental death and dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below. A. Medical Insurance A1. Employees represented by CCEA will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The City city will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in Section C of this Article, the minimum amount per month required under California 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 an employee must select one medical plan from the variety of medical plans offered through CalPERS. The City city will contribute monthly amounts (called Benefits Credits) on behalf of each active CCEA employee and eligible dependents toward the payment of 1) medical premiums under the CalPERS Health Program, 2) contribution of some or all of the premium for dental coverage or vision coverage and 3) contributions in the name of the employee to the City’s city’s flexible spending account(s). A2. Effective the pay period that includes January 1, 2021 2023, and January 1, 20222024, and January 1, 2025 the City city monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole March 7, 2023 Item #3 Page 242 of 397 31 dollar based on the premiums that will take effect on January 1 of the respective calendar year. Effective the pay period that includes December 31, 20222025, the City city monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1, 20232026. A3. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. If the amount contributed by the City city (Benefits Credits) exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase dental, vision, or accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA), instead of receiving taxable cash. A4. All active CCEA-represented employees who work three quarter-time or less will receive prorated Benefits Credits. B. Dental Insurance Represented employees will be eligible to enroll in or waive enrollment in a Citycity-sponsored dental plan at any coverage level. C. Vision Insurance Represented employees will be eligible to enroll in or waive enrollment in a Citycity-sponsored vision insurance plan at any coverage level. D. Retirees Each retired employee who was a member of this bargaining unit is eligible to be covered by the Public Employees’ Medical and Hospital Care ActPEMHCA and is eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. Represented employees who retire from the Citycity, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individualthey are 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 city will contribute the minimum amount per month required under California 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 Citycity, either service or disability, shall be eligible to elect, upon retirement, to participate in the City’s 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 city’s dental and vision insurance program. March 7, 2023 Item #3 Page 243 of 397 32 The City city will invoice the retiree for his/her the retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. E. Waiver Provision CCEA represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the City’s city’s medical insurance program, provided they can show that proof of alternative minimum essential coverage as defined by the Affordable Care Actthey are covered under another group insurance program. The dollar amount paid by the City for employees who elect the waiver provision will change in the first pay period of calendar year 2021, 2022 and inEffective the pay period that includes December 31, 2022, for those employees who are covered under another employer sponsored group insurance program, the Benefits Credits associated with waiving medical coverage will be set equal to $400 per month. The Benefits Credits associated with waiving medical coverage will be set equal to 50% of the Benefits Credits associated with Employee medical coverage. If this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income and included in the calculation of the regular rate of pay under the FLSA. . Article 35 Short Term Disability Insurance A. Employees represented by CCEA will be enrolled in the State Disability Insurance (SDI) Program through December 31, 2019. (The City agrees to pay the premium.) On January 1, 2004, the State Disability Insurance Program will provide for paid leave benefits for employees who qualify for family medical leaves of absence. The employee may elect to use accumulated vacation, sick leave or compensatory time off during the seven-day elimination period. Employees represented by CCEA shall be entitled to combine accumulated sick leave, vacation leave or comp time with State Disability payments for the purpose of achieving the equivalent of their pre-disability salary to the extent allowed by law during any period of nonindustrial disability. Under no circumstances shall the combination of accumulated leave and State Disability Insurance payments exceed the employee’s pre-disability salary. Effective January 1, 2020, the city will discontinue enrollment in the State Disability Insurance program. Effective January 1, 2020, the city agrees towill continue to provide city-paid short-term disability insurance via an insurance provider. The city agrees to pay the premium. The insurance shall provide for a seven (7) calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% March 7, 2023 Item #3 Page 244 of 397 33 of the employee’s pre-disability base salary, up to a maximum base salary of $150200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. Employees may elect toshall combine accrued paid time off, except for accrued sick leave, with short-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the short-term disability payments. B. Transition/Continuation of Benefits for Employees on a Short-Term Disability or Paid Family Leave of Absence as of December 31, 2019 An employee who is on a short-term disability leave of absence (including an intermittent leave) as of December 31, 2019, will be converted to coverage with the city’s new short-term disability insurance provider as of January 1, 2020 without having to repeat the elimination period. An employee who is on a paid family leave of absence as of December 31, 2019 will have their paid family leave benefits converted to those benefits described in Administrative Order No. 84 as of January 1, 2020. In this situation (conversion of a paid family leave that started prior to January 1, 2020 and will continue on or after January 1, 2020), the number of hours of paid family leave for which an employee was paid from SDI in the prior calendar year will count towards the 160 hours per year of paid family leave the employee may receive under the city’s new paid family leave program. Article 36 Long Term Disability Insurance (LTD) During the term of this memorandum,The city agrees to continue to will provide city-paid long- term disability insurance. This insurance shall provide for a ninety (90) calendar day waiting period prior to payment eligibility. The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. Employees shall combine accrued paid time off, except for accrued sick leave, with LTD payments for the purpose of achieving the equivalent of their base salary. Effective January 1, 2020, long-term disability benefits shall be provided at 66 2/3% of the employee’s pre-disability base salary, up to a maximum base salary of $150,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. Transition/Continuation of Benefits for Employees on a Long-Term Disability Leave of Absence as of December 31, 2019 An employee who is on a long-term disability leave of absence (including an intermittent leave) as of December 31, 2019, will be converted to coverage with the city’s new long- term disability insurance provider as of January 1, 2020 without having to repeat the elimination period. Article 37 Retirement March 7, 2023 Item #3 Page 245 of 397 34 A. The City city has contracted with CalPERS for the following retirement benefits: Miscellaneous “Classic” Members (those that do not qualify as “New Members” as defined below) • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 – The retirement formula shall be 3% @ 60; single highest year final compensation. • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 – The retirement formula shall be 2% @ 60; three year average final compensation. “New Members” Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/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 6six months or more) will be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits. • Retirement formula shall be 2% @ 62; three year average final compensation. B. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of sSection 414(h)(2) of the Internal Revenue Code (IRC). Employees shall make the following employee retirement contributions through payroll deductions: • Miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%). • Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%). • Miscellaneous employees who meet the definition of “New Member” under PEPRA shall pay one half of the normal cost rate associated with their benefit plan. C. The City city will continue to contract with CalPERS for the third level of 1959 Survivors’ Benefit. D. The City city shall continue to contract with CalPERS for the military service credit option. The cost of this option is borne entirely by the employee. Payments by the employee to CalPERS are to be arranged by the employee directly with CalPERS. Once such a payment schedule has been approved by CalPERS, the employee may arrange with the City city for such payments to be made by means of payroll deduction Article 38 Deferred Compensation March 7, 2023 Item #3 Page 246 of 397 35 The City city shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City city reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the Citycity. It is acknowledged that the City city will assist in the administrative set-up of this benefit but that the City city has no liability if an employee should default on the repayment of a deferred compensation loan. Article 39 Dispute Resolution Procedure The purpose of this procedure is to provide a single, uniform process for CCEA represented employees to resolve disputes concerning grievances and discipline in an efficient manner and without subsequent discrimination or reprisals. Any time limit provided under this Article may be extended by mutual consent of the parties. 1. Applicability of This Article Grievances and group grievances, as defined in Part 2 of this Article, may be appealed under Parts 2 and 4 of this Article. The following types of discipline may be appealed under Parts 3 and 4 of this Article: suspension of more than one work shift, reduction in pay of more than one work shift, demotion and termination. Any regular CCEA represented employee may appeal a letter of reprimand, suspension of one work shift or less or reduction of pay of one work shift or less to his or her Department Head for a final decision. 2. Grievances A. Individual Grievances A “grievance” is a formal, written allegation by a grievant that he/she the grievant has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The City’s city’s exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the Citycity, such as: (1) Appeals from formal disciplinary proceeding. (2) Appeals from work performance evaluations. B. Group Grievances March 7, 2023 Item #3 Page 247 of 397 36 Within thirty (30) calendar days after authorized representatives of the employee organization knew or by reasonable diligence should have known of a condition giving rise to a grievance, a group of employees may file a group grievance with the Human Resources Department. CCEA, as an “organization,” may also file a group grievance on behalf of employees if CCEA 1) identifies the employees who are adversely impacted by name and by classification, and 2) specifically identifies how these employees are being adversely affected. (1) The group of employees must file one (1) grievance form which all members of the group have read and signed. Members of the group will be limited to those who have read and signed the initial grievance form. (2) Group grievances shall proceed through all normal grievance processes and be subject to all applicable time limitations as set forth herein. (3) The resolution of a group grievance may not be consistent among employees who filed, read and signed the group grievance due to differences in the circumstances or occurrences that brought about the grievance. C. Informal Resolution Within twenty (20) calendar days after an employee knew or reasonably should have known that he or she has suffered a grievable injury, the employee shall attempt to resolve the grievance by an informal conference with his or her immediate supervisor. Within twenty (20) calendar days after an employee organization knew or reasonably should have known that its members have suffered a grievable injury, it shall attempt to resolve the matter by an informal conference with an appropriate immediate supervisor. The Supervisor shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The immediate supervisor shall give his or her response to the employee or employee organization within twenty (20) calendar days of the informal conference. D. Department Head Review If a grievance is not informally resolved, within twenty (20) calendar days after receiving the immediate supervisor’s response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the Department Head. The Department Head shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The Department Head, or his/her designee, shall give his or her response to the employee or employee organization in writing within twenty (20) calendar days of the meeting. E. City Manager Designee’s Review If a grievance is not resolved by the Department Head, within twenty (20) calendar days after receiving the Department Head’s response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the City Manager’s Designee. The City Manager’s designee shall meet with the employee(s) or organization March 7, 2023 Item #3 Page 248 of 397 37 within ten (10) calendar days of receiving the request for the meeting. The City Manager’s Designee shall give his or her response to the employee or employee organization in writing within twenty (20) calendar days of the meeting. F. Permissible Relief A grievance may only seek to remedy the specific injury caused by a violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The City’s city’s exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the Citycity, such as: (1) If it would require the modification of a policy established by the City Council or by law; (2) If it is reviewable under some other administrative procedure and/or rules of the City city such as: appeals from formal disciplinary proceedings, appeals from work performance evaluations, etc. (3) If it calls exclusively for relief that cannot be granted such as discipline of other employees or confidential information about other employees. G. Service of Notice A notice that a grievance has been resolved or a notice that a grievance raises a matter that may not be addressed utilizing this procedure shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. H. Resolved Disputes A grievance is considered resolved under any of the following circumstances: (1) When the City city and employee agree to a resolution; (2) When the employee fails to advance the matter to the next step of the administrative procedure in the time specified herein for doing so; (3) When the City city has provided the relief sought by the employee that it is legally capable of providing. A grievance that has been resolved does not progress any further through the dispute resolution process. March 7, 2023 Item #3 Page 249 of 397 38 3. Discipline A. Grounds For Discipline The City city has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee’s prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, disclosure of non-public, internal and/or confidential, information or dishonesty. (3) Being under the influence of alcohol or intoxicating drugs while on duty. (4) Absence without leave. (5) Criminal conviction having some relevance to the job. (6) Intentionally being discourteous to the public. (7) Unauthorized use of or neglect of City city property. (8) Abuse of sick leave. (9) Unauthorized outside employment that constitutes a conflict of interest (10) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (11) Falsification of any City city report or record. (12) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department manager, or supervisor. (13) Political activities precluded by State or Federal law. (14) Failure to respond to questions or otherwise failure to participate during an investigation conducted by the City city or its agents. (15) Other acts that are incompatible with service to the public. B. Pre-Disciplinary Procedure If a supervisor determines that an employee might be a threat to him or herself, other employees or members of the public, the supervisor may immediately take whatever action is necessary to reduce or eliminate the danger, but the employee shall retain the right to notice and an opportunity to respond to discipline under this Article. Except for any oral or written counseling, warning or reprimand, the Department Head or his/her designee shall advise the employee and the Human Resources Director of contemplated disciplinary action in a written Notice of Intended Discipline including a description of the misconduct, the grounds for discipline, and the employee’s right to respond within seven (7) calendar days after the date of the Notice of Intended Discipline and prior to the discipline being imposed. If the employee elects to respond, he or she may have a representative and meet informally with the City Manager’s designee, without the right to bring witnesses or present a formal case. Within seven (7) calendar days of the employee’s response or failure to respond in a timely manner, the City March 7, 2023 Item #3 Page 250 of 397 39 Manager’s designee shall advise the employee in writing whether the proposed discipline, modified discipline or no discipline is being imposed. Any discipline will be announced in a written Notice of Discipline including a description of the misconduct, the grounds for discipline and the right to appeal the discipline using the administrative procedure under Part 4 of this Article. C. Service of Notice A Notice of Intended Discipline or a Notice of Discipline shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. 4. Administrative Procedure An employee may have both a legal representative of his or her choosing and a CCEA representative of his or her choosing at any step of this administrative procedure. This representative may at the employee’s option be provided by an employee organization. If the representative is a Ccity employee, the employee seeking the representative shall notify the representative’s immediate supervisor and the City’s city’s Human Resources Department in writing and the supervisor shall make the necessary arrangements for the representative to be present at any hearing. A. Step One - Filing an Appeal If a grievance is not formally resolved or an employee seeks to appeal a suspension of more than one work shift, reduction in pay of more than one work shift, demotion or termination, within ten (10) calendar days of receiving the City Manager designee’s response to the grievance or the Notice of Discipline, the employee or employee organization may file with the Human Resources Director an application for an advisory hearing. B. Step Two - Administrative Hearing (1) Hearing Procedure If the matter is subject to an advisory hearing, the City city shall arrange if practicable for the matter to be heard by a hearing officer within one hundred twenty (120) calendar days of the date of the filing of the appeal with the Human Resources Director. The hearing shall be scheduled for a time that is mutually convenient to the parties and the hearing officer. The advisory hearing shall be closed unless the employee or the employee organization request that it be open to the public. In the case of an appeal of a grievance, the parties shall equally bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. In the case of an appeal of disciplinary March 7, 2023 Item #3 Page 251 of 397 40 action, the City city shall bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. The advisory hearing shall be limited to arguments, witness testimony and exhibits offered by the parties. The hearing shall proceed according to an Administrative Order regarding Rules of Procedure for Personnel Meetings and Hearings. Such an Administrative Order will replace Personnel Board Resolution 19 to reflect that the Personnel Board is being replaced by a hearing officer in matters of grievance and discipline. (2) Hearing Officer The employee or employee organization and the City city may agree that the advisory hearing will be conducted before a hearing officer mutually selected by the parties from a list of hearing officers provided by a neutral third party. The selection of a hearing officer will include a review of his/her the hearing officer’s background and qualifications which will include experience as a labor attorney and/or mediator and/or arbitrator affiliated with American Arbitration Association, State of California Mediation and Conciliation Service or Judicial Arbitration Mediation Services (JAMS). (3) Permissible Relief In the case of a grievance appeal, the hearing officer may only recommend that the relief initially sought by the employee or employee organization be granted or that the position of the City city should be upheld. In the case of disciplinary appeals, the hearing officer may recommend either that the discipline imposed by the City city be upheld, that a lesser discipline be imposed, or that no discipline be imposed. The advisory findings and recommendation of the hearing officer shall be provided to the employee or employee organization. C. Step Three- Final Determination The advisory findings and recommendation, hearing transcript and exhibits concerning a grievance or a disciplinary appeal shall be transmitted as soon as reasonably possible to the City Manager for a final determination. The City Manager, or his/her designee, may allow, at his or her discretion, limited oral arguments and/or written statements from either side. Within thirty (30) calendar days of receiving all applicable documents or hearing the oral arguments of the parties, whichever is later, the City Manager or his/her designee shall make a final and conclusive written decision. (1) For grievances, the City Manager, or his/her designee, shall either reject the grievance or uphold the grievance and provide a remedy selected by the City Manager, or his/her designee. March 7, 2023 Item #3 Page 252 of 397 41 (2) For disciplinary appeals, the City Manager, or his/her designee, shall make a final and conclusive written decision to uphold, modify or reject the discipline. D. Post-Hearing Procedure The provisions of California Code of Civil Procedure Section 1094.6 shall apply to the final determination of the City Manager. Article 40 Alcohol and Drug Policy I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with applicable State and Federal law. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. “Workplace” means any site where Citycity-assigned work is performed, including City city premises, City city vehicles or other premises or vehicles, while Citycity-assigned work is being conducted, or within a reasonable time thereafter. 3. “Reasonable suspicion” means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. B. Employee Responsibilities 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on-call; March 7, 2023 Item #3 Page 253 of 397 42 b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by City city management, acting pursuant to this policy, or by law enforcement personnel; c. notify the City city of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy. 2. Employees are required to notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), which they have been informed by a medical provider may interfere with safe or effective performance of their duties or operation of City 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 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 Citycity, consistent with the legal requirements for disciplinary due process. C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the City city reserves the right to search, with or without prior notice to the employee, all work areas and property in which the City city maintains full or joint control with the employee, including but not limited to City city vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas under full or joint City city control since such work areas may be subject to investigation and/or search under this policy. Employer searches shall occur when there is a determination of “reasonable suspicion” as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. Nothing herein shall prevent the City city from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. March 7, 2023 Item #3 Page 254 of 397 43 D. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis 1. After receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the City's city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either illegal drugs or alcohol will be rejected for City city employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the City 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 city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. c. An employee may also be required to remain on the premises for a reasonable time until arrangements can be made to transport the employee to his or her home. 2. Some examples of “reasonable suspicion” as defined in Section 1.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. slurred speech. b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; March 7, 2023 Item #3 Page 255 of 397 44 d. an accident involving City 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 city management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. III. EMPLOYEE ASSISTANCE PROGRAM A. The City 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 city wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral contacts are held in confidence by the EAP. C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any City city policy. Article 41 Access to Information The City city will make available to CCEA such non-confidential information pertaining to employment relations as is contained in the public records of the Citycity, subject to the March 7, 2023 Item #3 Page 256 of 397 45 limitations and conditions set forth in this article and Government Code Section 6250-6260. Such information shall be made available during regular office hours in accordance with the City’s city’s rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to CCEA includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this article shall be construed as requiring the City city to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the Citycity. Nothing in this article shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (2) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; (3) Records pertaining to pending litigation to which the City city is a party, or to claims or appeals which have not been settled. Article 42 Communications The parties agree to continue meeting at least once each month during the term of the agreement for the purpose of continuing communications on subjects of mutual concern. Article 43 Legal Representation Upon request of an employee and subject to any limitations provided by law, the City city will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity other than the City city in a court of competent jurisdiction, on account of any act or omission occurring within the course and scope of his/her the employee’s employment as an employee ofwith the Citycity. Nothing herein shall be deemed to require the provision of such defense where the discretion to provide or not provide such defense is vested in the City city pursuant to the provisions of the California Government Code, or where the act or omission was not within the scope of the employee’s employment, or the employee acted or failed to act because of actual fraud, corruption or actual malice, or where the provision of such defense would create a conflict of interest between the City city and the employee. Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said Government Code. March 7, 2023 Item #3 Page 257 of 397 46 Article 44 Layoff Layoff: The City city may layoff an employee in the merit service because of material change in duties or organization or shortage of work and funds. The City city will use its best efforts to give the employees as much notice as possible with a minimum of fourteen (14) calendar days prior to the effective date of a layoff. The appointing authority or designee shall notify the Human Resources Director of the intended action with reasons therefore. A copy of such notice shall be given the employee affected and CCEA. The name of the employee laid off shall be placed on the appropriate reemployment list as provided by these rules. Reduction in Force Procedures: The following procedures will apply to all probationary and permanent employees in the event of a reduction in the City city work force. (a) City Service Seniority: City city Service service Seniority seniority shall be determined as the period of total continuous service with the City city as measured from the date of original appointment. This shall include periods of authorized leaves of absence. (b) Order of Reduction in Force: Whenever there is a reduction in force employees shall be selected for layoffs in the following order: (1) hourly and temporary employees in the affected classification series; (2) provisional and limited term employees in reverse order of their City city Service service Seniority seniority in the affected classification series; (3) City city probationary employees in reverse order of their City city Service service Seniority seniority in the affected classification series; (4) and regular employees in reverse order of their City city Service service Seniority seniority in the affected classification. (c) Reduction in Force - Demotion: Whenever there is a reduction in the work force in which one or more employees in a classification has been identified for layoff, the City city shall demote the employee in that classification with the highest City city Service service Seniority seniority to a vacancy. The employee identified for demotion to the vacant classification must have previously served in that classification and be determined to be currently qualified. An employee may refuse to accept a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. (d) Notification: Whenever there is a reduction in the work force requiring layoff, the City city shall send written notice to the last known address of each employee affected by a layoff with copy to CCEA. The notice shall include the (1) reason for layoff, (2) classes to which the employee may demote within the Citycity, if any, (3) effective date of action, (4) conditions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. (e) Determining Order of Layoff and Demotion for Employees With Identical City Service Seniority: Should two or more employees have identical City city Sservice Sseniority, the order of layoff and demotion will be determined by the Human Resources Director who will use randomizing software to determine seniority. March 7, 2023 Item #3 Page 258 of 397 47 (f) Transfer: All effort will be made by the City city to transfer any employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. (g) Order and Method of Demotion Pursuant to a Reduction in Force--Bumping: When required due to a reduction in force, employees shall be demoted in the following manner: (1) Employees who are demoted, who have held permanent status in a lower classification shall have the right to bump employees of lesser Ccity Sservice Sseniority in that lower classification. (2) Employees who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a Ccity probationary employee in such lower class, but may not bump regular Ccity employees already in that lower classification. (h) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force: Employees who are demoted as a result of a reduction in force shall have their names placed on a reinstatement list, in order of their Ccity Sservice Sseniority. Vacant positions in which an employee has served within a classification series shall first be offered to employees on this list. (i) Reemployment of Employees Laid Off as a Result of a Reduction in Force: Employees who are laid off and who held permanent City city status at the time of layoff shall have their names placed on a reemployment list for classifications at the same or lower salary range for which they qualify in the order of their Ccity Sservice Sseniority. Vacant positions in such classifications will be offered to eligible individuals on the reemployment list who qualify for such vacancies prior to an open or promotional recruitment. (j) Duration of Reinstatement and Reemployment Lists: The eligibility of individuals on the reinstatement and reemployment list shall extend for a period of two years from the date of demotion or layoff. Eligible individuals not responding to written notification of an opening after fourteen (14) calendar days shall have their names removed from either the reemployment or reinstatement list. (k) Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon reemployment following a reduction in force, an individual will have the following benefits restored: (1) Prior sick leave accruals. (2) City Sservice Sseniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force. (3) The salary paid to an employee who is reemployed shall be equivalent to the salary paid at the time of layoff. If the employee chooses to be reemployed in a classification which has a salary range lower than the classification from which he/she the employee was laid off, then salary placement will be equivalent to the salary paid at the time of March 7, 2023 Item #3 Page 259 of 397 ---- - 48 layoff, or at the top of the salary range of the lower classification as reflected in the current effective salary plan at the time of reemployment, whichever is lower. (l) Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff. The sick leave accruals of such employee will remain on the books and will be reinstated if they are reappointed. (m) Retirement Contribution: The disposition of the retirement contributions of a laid off employee shall be governed by the provisions of the State of California Public Employees’ Retirement Law as contained in the Government Code. (n) Severance: CCEA represented employees involuntarily separated from the Ccity service due to layoff shall receive the equivalent of three (3) months’ base salary, computed at the employee’s actual salary at the time of separation, provided that the employee who was involuntarily separated enters into, executes, and does not rescind or revoke the Separation Agreement and General Release, attached hereto as Attachment D C and incorporated herein. The Separation Agreement and General Release is not subject to negotiation, either individually or collectively. Article 45 Full Understanding, Modification, & Waiver It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved and implemented by the Ccity Council. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Article 46 Provisions of Law It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. Article 47 Retention of Benefits March 7, 2023 Item #3 Page 260 of 397 49 The employees of the City of Carlsbad shall retain all present benefits as set forth in this Memorandum for the term of this agreement, except as amended by this Memorandum, or unless modified after exhausting the meet and confer process. Article 48 Non-discrimination Clause No person shall in any way be favored or discriminated against, by either the Ccity or the Association, to the extent prohibited by law because of actual or perceived political opinion or affiliation, race, color, religion, gender, sexual orientation, marital status, age, national origin, veteran status, medical condition or physical or mental disability. In addition, no person shall be favored or discriminated against because of his/her the person’s association with someone who has or is perceived to have any characteristics of being in one of these classes of people. This affects decisions including, but not limited to, an employee’s compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer and other privileges of employment. The Ccity is committed to providing ongoing training to all employees on the subjects of equal employment, non-discrimination and cultural awareness. Article 49 Americans With Disabilities Act The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this Memorandum of Understanding so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this Memorandum of Understanding. Article 50 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits All CCEA-represented employees shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. Effective January 1, 2020, all CCEA-represented employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. Effective January 1, 2023, all CCEA-represented employees shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000. The Ccity 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 760-602-2440442-339-2440. Article 51 Special Housing Facilities March 7, 2023 Item #3 Page 261 of 397 50 The Ccity maintains a residence at the Maerkle Reservoir, Dam, Treatment Facility and Site. The employee assigned the duty of Maerkle Facilities Steward is tasked with maintaining a safe, legally compliant facility and ensuring the security of Ccity facilities. A detailed description of the conditions that apply to this assignment are outlined in Attachment CB. 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the Ccity. 2. Priority of Assignments In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the Ccity’s Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA’s California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA’s Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH “shift operator” requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. 3. Responsibilities The Steward shall be responsible for performing the following duties: A. Safety March 7, 2023 Item #3 Page 262 of 397 51 a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition B. Emergency Response – Notification – Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations Supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month (except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward’s responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 4. Rent and Utilities The Ccity shall charge a nominal rent for the residence. Said rent shall be established from time to time by the City city and communicated to the Steward in writing with sixty (60) calendar days advance notice of any changes. The City city shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. 5. Term The City city maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the City’s city’s discretion and the City city shall not be required to show cause. Moreover, the Steward shall have no due process March 7, 2023 Item #3 Page 263 of 397 52 rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least sixty (60) calendar days’ notice to the Steward. There shall be an annual review of the Steward’s performance with the Water Operations Supervisor. The Steward shall, when possible, give the City city at least sixty (60) calendar days written notice if he/she the Steward desires to be relieved of this assignment. Article 52 Contracting Out Work 1. The City city has the right to contract out any or all of the services currently being performed by CCEA represented classifications or that could be performed by CCEA represented classifications to any one or more public or private entities or individuals. 2. Prior to contracting out the services referenced in item number 1 one above, the City city shall first satisfy its obligation to meet and confer with CCEA regarding both the decision and effects of contracting out those services 3. CREATION OF A REQUEST FOR PROPOSAL (“RFP”) a. CCEA may appoint up to two (2) of its members to attend a meeting with City city staff responsible for the creation of an RFP for the purpose of providing input to the City city regarding the creation of the RFP for contracting out the services referenced in item number 1one above. This first meeting shall occur prior to the RFP being prepared by City city staff. b. After the draft RFP is completed by City city staff, a copy of the RFP shall be forwarded to the CCEA appointees by email and a subsequent meeting shall be scheduled, which shall take place within seven (7) calendar days from the date the RFP is received by the CCEA appointees. The purpose of the meeting is for CCEA appointees to meet with the City city staff responsible for preparing the RFP in order to discuss the RFP and ask questions as necessary. Additional meetings may be scheduled if mutually agreeable. Following conclusion of the meeting(s), CCEA’s appointees may provide written feedback/suggestions regarding the RFP for the consideration of City city staff prior to it being finalized and sent to any potential contractors. CCEA’s feedback/suggestions shall be forwarded to City city staff responsible for the creation of the RFP by email within seven (7) calendar days from the date of conclusion of these meetings. c. Prior to distribution of the RFP to potential contractors, the City city shall provide the CCEA appointees with the final version of the RFP. d. Neither CCEA nor its appointees shall have veto power over any City city decision related to the contents of an RFP or the RFP process. e. Neither CCEA nor its appointees may use the appointees’ involvement in the RFP process to delay the RFP process March 7, 2023 Item #3 Page 264 of 397 53 f. CCEA’s appointees shall sign confidentiality agreements, as agreed to by the City city and CCEA, prior to receiving any information related to an RFP 4. MEET AND CONFER PROCESS a. The City city may send RFPs created following the procedure outlined in item number 3 three above to potential contractors prior to engaging in the meet and confer process with CCEA. b. After the City city receives responses to the RFP, the City Council or designee shall determine whether to pursue contracting out of those services that are the subject of the RFP. c. In the event that the City Council or designee decides to pursue contracting out of any or all of the services that are the subject of the RFP, the City’s city’s negotiating team will make a proposal in writing to CCEA to contract out those services and will provide a copy of the leading proposal to CCEA along with its proposal. d. After reviewing the City’s city’s proposal, CCEA may request in writing to meet and confer over the decision to contract out services and/or the effects of that decision no later than fourteen (14) calendar days from the date of CCEA’s receipt of the City’s city’s proposal. The first meeting of the meet and confer process shall be scheduled within fourteen (14) calendar days of CCEA’s written request. If CCEA requests to meet and confer over both the decision and effects, decision and effects negotiations shall take place simultaneously. It is understood by the parties that the meet and confer process is not required to be completed in one single meeting. e. The negotiations over the decision and/or effects shall be subject to combined impasse procedures. 5. CITY COUNCIL DECISION a. After the meet and confer process has concluded by either reaching agreement or exhausting impasse procedures, the City Council will make its final decision on whether to contract out those services subject to the RFP. Article 53 Pay Ranges Each City of Carlsbad job classification is assigned to a specific pay range. An employee may be paid anywhere in the pay range associated with their job classification. Any non-probationary employee may be advanced in the pay range regardless of the length of time served at the employee’s present pay rate. This advancement requires the written recommendation of the employee’s manager and the approval of the employee’s department head and City Manager. March 7, 2023 Item #3 Page 265 of 397 54 If, as a result of a pay range adjustment, an employee’s base salary falls below the minimum of the pay range, the employee’s salary will be increased to the new range minimum as of the date City Council approves the pay range adjustment. Periodically the Human Resources Department will bring forth salary range movement recommendations to City Council that are based on market and economic conditions, and may include one or more salary ranges. CCEA and the City agree that the City will negotiate salary range movements. Effective the first pay period in calendar year 2023 January 1, 2021, the pay ranges of the following classifications will be assigned to the new pay range shown in the table below. Classification Current Range New Range Accountant 68 69 Accounting Supervisor 55 57 Accounting Technician 45 47 Administrative Secretary 42 43 Deputy City Clerk 67 71 Equipment Technician I 43 44 Equipment Technician II 51 52 Human Resources Technician 49 50 Lead Equipment Technician 61 62 Lead Librarian 65 66 Librarian 57 58 Mail/Clerk Messenger 1 5 Maintenance Worker I 17 20 Meter Services Worker I 11 15 Meter Services Worker II 33 37 Meter Services Worker III 46 50 Office Specialist I 5 9 Office Specialist II 12 16 Park Maintenance Worker II 28 31 Park Maintenance Worker III 46 49 Risk Technician 53 54 Records Technician 31 32 Sanitation Systems Operator II 88 89 Secretary 34 35 Senior Deputy City Clerk 77 81 Senior Human Resources Technician 59 60 Senior Librarian 75 76 March 7, 2023 Item #3 Page 266 of 397 55 Senior Office Specialist 23 27 Street Maintenance Worker III 46 49 Traffic Systems Operations Specialist 80 98 Training Coordinator 49 60 Tree Trimmer I 25 27 Tree Trimmer II 36 38 Tree Trimmer Leadworker 51 53 Waste Water Utility Worker I 41 54 Waste Water Utility Worker II 52 66 Waste Water Utility Worker III 67 77 Water Systems Operator III 99 103 Classification Current Range New Range Aquatics Maintenance Supervisor 63 65 Aquatics Specialist 50 52 Building Inspector I 55 56 Building Inspector II 70 71 Circulation Supervisor 37 42 Community Outreach Supervisor 58 63 Cross Connection Control Technician 67 80 Deputy City Clerk 58 67 Housing Specialist I 48 58 Housing Specialist II 63 73 Human Resources Technician 42 49 Lead Librarian 63 65 Librarian 55 57 Park Planner 85 91 Records Technician 23 31 Recreation Assistant 10 12 Recreation Specialist 30 32 Records Supervisor 65 71 Sanitation System Operator I 56 79 Sanitation System Operator II 65 88 Sanitation System Operator III 80 103 SCADA Technician 92 103 Senior Building Inspector 85 86 Senior Circulation Supervisor 50 55 Senior Cross Connection Control Technician 77 90 Senior Deputy City Clerk 68 77 Senior Human Resources Technician 52 59 March 7, 2023 Item #3 Page 267 of 397 56 Senior Librarian 73 75 Senior Storm Drain Maintenance Worker 58 72 Storm Drain Maintenance Worker 44 58 Utility Maint. Worker III 54 68 Utility Worker I 40 54 Utility Worker II 52 66 Utility Worker III 63 77 Valve Maintenance Worker 54 68 Water Systems Operator I 67 79 Classification Current Range New Range Water Systems Operator II 77 89 Water Systems Operator III 87 99 Effective January 1, 2021, all CCEA pay ranges will be increased by 2%. Effective January 1, 2022, all CCEA pay ranges will be increased by a percentage equal to the West Urban CPI-U percentage increase (the index using all items from October to October), with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). Article 54 Survey Market In keeping with the City Council’s philosophy of surveying the total compensation of local agencies, the agencies listed below will be considered in the survey market for CCEA. 1. City of Chula Vista 2. City of Coronado 3. City of Del Mar 4. City of El Cajon 5. City of Encinitas 6. City of Escondido 7. City of Imperial Beach 8. City of La Mesa 9. City of National City 10. City of Oceanside 11. City of Poway 12. City of San Marcos 13. City of Solana Beach 14. City of San Diego 15. City of Santee 16. City of Vista 17. County of San Diego The seven (7) agencies listed below will also be considered in the survey market for the job classifications of: • Cross Connection Control Technician, March 7, 2023 Item #3 Page 268 of 397 57 • Senior Cross Connection Control Technician, • Sanitation Systems Operator I/II/III, • SCADA Technician, • Utility Worker I/II/III, • Waste Water Utility Worker I/II/III and • Water Systems Operator I/II/III. 1. Encina Wastewater Authority 2. Helix Water District 3. Olivenhain Municipal Water District 4. Otay Water District 5. Padre Dam Municipal Water District 6. Vallecitos Water District 7. Vista Irrigation District Article 55 Reopener At any time during the term of the MOU, after CalPERS announces their actual rate of return for the prior fiscal year, if the CalPERS “discount rate” (i.e., actual rate of return) is less than the expected rate of return, either party may reopen negotiations to discuss pension liability and the sustainability of the cost of CalPERS retirement. Article 56 Paid Family Leave Effective January 1, 2020, per Administrative Order No. 84, all CCEA-represented employees 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. Article 57 Confined Space Pay Employees classified as Sanitation System Operators and Wastewater Utility Workers must routinely and consistently make permit-required entries into confined spaces which Cal-OSHA characterizes as (1) containing or having a potential to contain a hazardous atmosphere; (2) containing a material that has the potential for engulfing an entrant; (3) having an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross section; or (4) containing any other recognized serious safety or health hazard. For performing these activities, employees in these classifications shall receive pay equal to five percent (5%) of the employees’ base salary as special compensation that is reportable to CalPERS. Effective the first pay period in calendar year 2023 employees classified as Utility Workers and Water Systems Operators will also receive this pay. March 7, 2023 Item #3 Page 269 of 397 58 IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute the Memorandum of Understanding the day, month, and year noted below. City of Carlsbad SCOTT CHADWICK, City Manager Date Approved as to form: CELIA BREWERCINDIE MCMAHON, City Attorney Date Carlsbad City Employees’ Association HALLIE THOMPSONMAYRA TURCHIANO, President, CCEA Date March 7, 2023 Item #3 Page 270 of 397 1 ATTACHMENT BA COMPENSATION AND BENEFITS SUMMARY – CCEA REPRESENTED EMPLOYEES WORKING A REDUCED FTE SCHEDULE For CCEA-represented employees working a reduced FTE schedule (ex. 0.75 FTE or job sharing 0.5 FTE) pro-rated benefits are calculated based on 75% and 50% of the full benefits and will be applied respectively. The standard 0.75 FTE work schedule is 30 hours per week. The standard 0.5 job sharing FTE work schedule is 20 hours per week. If one part of a job-share position becomes vacant, the remaining incumbent must convert to full-time until another job-share partner is found. COMPENSATION: Employees on a reduced FTE schedule will be compensated at an hourly rate based on the current salary schedule. Salary will be calculated based on the number of actual hours worked and salary earned. Overtime Employees will be paid overtime after working in excess of 40 hours a week. Extra shifts worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in accordance with the Fair Labor Standards Act (FLSA). The regular work week should not exceed 30 hours per week for 75% time positions or 20 hours per week for 50% time positions. If there are occasional extra hours worked, the time should be reported appropriately to payroll as extra hours. Extra hours should not be a continual or regular practice and may result in jeopardizing the reduced FTE schedule. Bilingual Pay Employees working a reduced FTE schedule who are eligible for Bilingual Pay will receive an amount that is prorated by the appropriate reduced FTE percentage. BENEFITS: Health Insurance Deductions Employees working a reduced FTE schedule are eligible to participate in the same health insurance programs as full-time employees. Employees working a reduced FTE schedule may select one of the City’s city’s medical plans and will be enrolled as an employee with full benefit coverage. Because reduced FTE employees work fewer hours per pay period, they will be eligible for a prorated percentage of the benefits credits for which full time employees are eligible. (Refer to benefit rate sheets.) Leave Accruals • SICK LEAVE: Accrued at appropriate prorated percentage of the full-time accrual rate. March 7, 2023 Item #3 Page 271 of 397 2 • VACATION: Accrued at appropriate prorated percentage of the full-time accrual rate. • HOLIDAY PAY: 6.0Six hours per Holiday paid for 0.75 FTE employees. 4.0Four hours per Holiday paid for 0.5 FTE employees. City posted Holiday Schedule applies. If a Holiday falls on a day the employee is NOT normally scheduled to work, the employee will agree with his/her the employee’s supervisor when to take a regularly scheduled work shift in that same pay period as a Holiday. • FLOATING HOLIDAY: 6.0Six hours per Holiday paid for 0.75 FTE employees. 4.0Four hours per Holiday paid for 0.5 FTE employees. An employee whose scheduled shift duration exceeds the hours of Holiday pay could get approval from their supervisor to work extra hours in the pay period in which a Holiday falls to make up for the reduced number of hours paid for the Holiday. An employee may also choose to take hours without pay that period for hours lost due to reduced Holiday pay. It is NOT required to use leave balances to make up for the fewer hours paid on a Holiday. However, on a non-Holiday, if an employee leaves early or takes time off accrued leave balances must be exhausted prior to taking leave without pay. CalPERS Service Credit Future retirement benefit and employee contributions (made by the Citycity) are adjusted for lesser earnings. A full time employee receives one year of service credit for every ten 10 or more months of full time employment during the fiscal year. A 75% time employee is credited with .90 of a year (.75 x .100 year credit x 12 months) for one year of 75% time employment. A 50% employee is credited with .60 of a year (.5 x .100 year credit x 12 months) for one year of 50% employment. Long Term Disability The City city pays the premium based on actual earnings. State Short Term Disability Insurance The City city pays the premium based on actual earnings. Any future potential benefit may be reduced, as SDI looks at quarterly wages reported for a 12 month period beginning roughly 18 months before the date of disability. Life Insurance and Supplemental Life Insurance The benefit is based on regular base salary. Employee Computer Purchase Program Employees on a 0.5 FTE schedule are not eligible to establish a computer purchase loan. Employee Education Program Employees on a 0.5 FTE schedule are not eligible for tuition reimbursement. March 7, 2023 Item #3 Page 272 of 397 3 I understand and agree to the reduced FTE terms outlined above and agree to the terms and conditions set forth in this document. I understand that I will be in a Reduced FTE time status 0.75 0.5 from _________________ to _________________. _______________________________________________ Employee (Print Name) Employee Signature Date March 7, 2023 Item #3 Page 273 of 397 D D 1 ATTACHMENT CB MAERKLE RESERVOIR, DAM, TREATMENT FACILITY AND SITE STEWARD REQUIREMENTS, RESPONSIBILITIES AND AGREEMENT TO TERMS OF ASSIGNMENT Per the Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad City Employees’ Association (CCEA), I am accepting the assignment of the Maerkle Facilities Steward and acknowledging the following requirements, responsibilities and terms of the assignment: 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the Citycity. 2. Priority of Assignments In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the City’s city’s Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA’s California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA’s Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH “shift operator” requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. March 7, 2023 Item #3 Page 274 of 397 2 3. Responsibilities The Steward shall be responsible for performing the following duties: A. Safety a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition B. Emergency Response – Notification – Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month (except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward’s responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 4. Rent and Utilities The City city shall charge a nominal rent for the residence. Said rent shall be established from time to time by the City city and communicated to the Steward in writing with sixty (60) calendar days advance notice of any changes. The City city shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. Upon change of Steward, the outgoing Steward shall have the propane tank filled and the carpets professionally cleaned, and provide verification of March 7, 2023 Item #3 Page 275 of 397 3 such to the Water Operations supervisor. The outgoing Steward will have the option of being billed for these services by the Citycity. If the outgoing Steward selects this option, the Steward will provide a thirty (30) calendar days’ notice and the City city will have the propane tank filled and the carpets professionally cleaned. 5. Term The City city maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the cCity’s discretion and the City city shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least sixty (60) calendar days’ notice to the Steward. There shall be an annual review of the Steward’s performance with Water Operations supervisor. The Steward shall, when possible, give the City city at least sixty (60) calendar days written notice if he/she the Steward desires to be relieved of this assignment. 6. Sole Place of Residence The crew member assigned as the Steward shall maintain the residence as his/her the Steward’s sole place of residence. 7. Others Living at Residence Only the Steward and a reasonable number of persons who constitute a bona fide single household unit shall be allowed to reside at the house. 8. Vehicles The Maerkle Facilities Steward shall drive a City city vehicle. No more than three private vehicles shall be kept at the residence unless pre-approved by the Water Operations supervisor. 9. Firearms The Steward shall not carry any firearms in the performance of his/her the Steward’s duties or in City city vehicles and shall not discharge any firearms on City city property. Any firearms that are personal property of the Steward shall be allowed to be stored at the residence provided they are securely stored. The Steward will notify the Water Operations Supervisor in advance of bringing any firearms on the premises and shall show proof of secured storage. 10. Parties The Steward shall notify his/her the Water Operations Supervisor, in writing, at least seven (7) calendar days in advance of any party at the residence involving fifteen (15) or more people. March 7, 2023 Item #3 Page 276 of 397 4 11. Pets The Steward shall be allowed to have pets and any outdoor pets shall remain within the fenced portion of the property provided for this purpose. The Steward shall be responsible for any damages caused by pets. The Steward may not keep pets known to be vicious. The rent at the Maerkle residence is currently set at $75.00 per pay period. Automatic payroll deductions will begin for this amount starting with the beginning of the pay period on _____________________________. I have read the preceding Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibility and Agreement to Term of Assignment and understand it. By signing below, I am agreeing to these terms in their entirety. Employee Signature Date March 7, 2023 Item #3 Page 277 of 397 5 ATTACHMENT DC SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release of All Claims ("Agreement") is made and entered into by and between the City of Carlsbad (“CITY") and __________________________ ("EMPLOYEE") with reference to the following facts: Due to economic reasons the CITY has decided to reduce its workforce by instituting a reduction in force or layoff in EMPLOYEE’s job classification. In consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. Termination of Employment Relationship The employment relationship which existed between EMPLOYEE and the CITY prior to the effective date of this Agreement shall cease to exist as of ____________, 20__, with EMPLOYEE's last actual day at work being _____________, 20__. 2. Benefits of Agreement A. In consideration of EMPLOYEE entering into this Agreement, the CITY will record EMPLOYEE’s separation from the CITY as a reduction in force when applying for unemployment with the State of California Employment Development Department (EDD). EMPLOYEE agrees to use the date of _______________, 20__ as the effective date of separation. B. While EMPLOYEE’s separation date is ___________________, 20__, any health insurance benefits EMPLOYEE receives will continue until ________________, 20__; dental and vision, if any, will continue until _______________, 20__. C. EMPLOYEE will receive the equivalent of three (3) months’ base salary to be paid in a lump sum direct deposit within two weeks after this document has been received by the CITY and the right to rescind this Agreement, pursuant to Section 7 Right to Revoke Agreement, has expired. D. EMPLOYEE understands and agrees that EMPLOYEE will receive no further wage, severance, vacation or other similar payments from the CITY other than those vested benefits or rights of EMPLOYEE to which EMPLOYEE would otherwise be entitled upon separation. E. EMPLOYEE agrees that he/sheEMPLOYEE has not and will not file any complaints, charges or lawsuits against the CITY at any time hereinafter with any governmental agency or any court arising out of his/herEMPLOYEE’S employment with the CITY. EMPLOYEE further agrees not to institute or join any action, lawsuit or proceeding against the CITY arising out of his/herEMPLOYEE’S employment; however, he/sheEMPLOYEE shall not be limited from pursuing claims or other enforcement activities for the sole purpose of enforcing EMPLOYEE’s rights under this Agreement. EMPLOYEE fully releases and discharges the CITY, its council members, March 7, 2023 Item #3 Page 278 of 397 6 officers, employees, agents and attorneys, from all actions, causes of action, claims, judgments, obligations, damages, and liabilities of whatsoever kind and character, including, but not limited to, any actions, causes of action, claims, judgments, obligations, damages, or liabilities relating to EMPLOYEE’s employment with the CITY, including, but not limited to, those arising out of any claims for violation of any alleged contract, express or implied; any covenant of good faith and fair dealing, whether express or implied; any tort; any administrative remedy; any federal, state, or local law, statute or regulation based on or related to the Americans with Disabilities Act (42 U.S.C. §§12101-12213); the Federal Family Medical Leave Act (29 U.S.C. 2601-2654); the California Family Rights Act (Gov. Code §§12945.1-12945.2); the Age Discrimination in Employment Act (29 U.S.C. §§621-634); Title VII, Civil Rights Act of 1964 (42 U.S.C. §§2000-2000(e)1-17); and the California Fair Employment and Housing Act (Gov. Code § § 12900-12996). EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 3. Entire Agreement This Agreement constitutes the sole and exclusive understanding of the parties and shall not be subject to modification in the absence of the mutual written consent of EMPLOYEE and the CITY. 4. Severability If any provision of this Agreement as applied to either party or to any circumstances shall be adjudged to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall not affect the remainder hereof, its validity or enforceability, in any jurisdiction. 5. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce this Agreement shall be brought in the Superior Court of California, County of San Diego, North County Judicial District. 6. Advisement-to Consult with Experts The CITY offers no advice or counseling by way of this Agreement and strongly urges EMPLOYEE to seek appropriate advice or counsel from a qualified attorney or professional of EMPLOYEE's choice and EMPLOYEE’s own expense. March 7, 2023 Item #3 Page 279 of 397 7 7. Right to Revoke Agreement A. EMPLOYEE may revoke this Agreement within seven (7) business days of the date of EMPLOYEE's signature. Revocation can be made by delivering a written notice of revocation to the CITY’s current Human Resources Director. For this revocation to be effective, written notice must be received no later than close of business on the seventh (7th) business day after EMPLOYEE signs this Agreement. B. If EMPLOYEE exercises his/her EMPLOYEE’S right to revoke consent to this Agreement during the seven (7) day period after he/she EMPLOYEE signs this Agreement, this Agreement shall not be effective or enforceable and EMPLOYEE will not receive the payment and/or benefits described in Paragraph 2, Section C. 8. Non-Admission of Liability The parties recognize that the making of this Agreement is voluntary and should not in any way be construed as an admission or indication that the EMPLOYEE or the CITY violated any law, or regulation or any right founded in any applicable constitutional or statutory provision, common law, contract or public policy. The Parties expressly deny unlawful and/or wrongful conduct arising out of or in connection with the employment of EMPLOYEE and/or the termination of the employment relationship. 9. Reemployment Rights EMPLOYEE and CITY agree that any rights to reinstatement to any current or future vacancy will be governed by the layoff provision (Article 44) of the Memorandum of Understanding between the CITY and the Carlsbad City Employees’ Association (CCEA) in effect at the time of the separation. 10. Effective Date of Agreement Provided no notice of revocation is received by CITY pursuant to Section 7, this Agreement shall become effective on the eighth (8th) business day from the date in which this Agreement is signed and dated by EMPLOYEE. If the Agreement is not dated by Employee, then the effective date of this Agreement shall be the seventh (7th) calendar day after receipt of the Agreement by CITY. EMPLOYEE ACKNOWLEDGES THAT HE/SHE EMPLOYEE HAS READ THIS AGREEMENT AND THAT HE/SHE EMPLOYEE UNDERSTANDS IT AND IS VOLUNTARILY ENTERING INTO IT. IF EMPLOYEE IS AT LEAST 40 YEARS OF AGE AT THE TIME THIS AGREEMENT IS SIGNED BY SAID EMPLOYEE, YOU ARE HEREBY NOTIFIED THAT IN ACCORDANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (29 U.S.C. §§621-634), EMPLOYEE HAS BEEN GIVEN AT LEAST FORTY-FIVE (45) DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHEEMPLOYEE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE HUMAN RESOURCES DIRECTOR OF THE CITY OF CARLSBAD NO March 7, 2023 Item #3 Page 280 of 397 8 LATER THAN SEVEN (7) DAYS AFTER HE/SHE EMPLOYEE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN (7) DAY PERIOD HAS EXPIRED. IN WITNESS HEREOF, CITY has executed and entered into this Agreement by causing its name to be subscribed hereunder by duly authorized officers. EMPLOYEE has executed and entered into Agreement by subscribing his/her EMPLOYEE’S name hereto. _______________________ _______ ____________________ _______ City of Carlsbad Date Employee Date City Manager _______________________ _______ Approved as to Form Date by City Attorney March 7, 2023 Item #3 Page 281 of 397 Exhibit 3 CFA MEMORANDUM OF UNDERSTANDING 1/1/2023 to 12/31/2025 Summary of Significant Changes 1. Term: January 1, 2023 – December 31, 2025 2. Article 8 Compensation Adjustments: a. Effective January 1, 2023, the city shall implement an across-the-board base salary increase for each represented classification of four percent. b. Effective January 1, 2024, the city shall implement an across-the-board base salary increase for each represented classification of four percent. c. Effective January 1, 2025, the city shall implement an across-the-board base salary increase for each represented classification of four percent. 3. Article 11 Annual Vacation Leave: Effective the first day of the first full pay period following City Council approval of this MOU, the vacation accrual maximum shall increase from 320 to 400 hours for employees on an 80-hour per pay period schedule and from 448 to 560 for employees on a 112-hour per pay period schedule. In addition, employees shall be eligible to receive service credit based on their previous full-time paid experience in a professional public safety agency in an equivalent job classification. This credit only applies to the vacation accrual rate. 4. Article 13 Bilingual Pay Effective the first pay period in 2023, bilingual pay will increase from $40 to $50 per pay period. In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU. 5. Article 15 Health Insurance/Flexible Benefits Program Effective the pay periods that include January 1, 2024, January 1, 2025 and December 31, 2025, the city benefits credits will increase. 6. Article 29: Paramedic License Pay Effective the first day of the first full pay period following City Council approval of this MOU, Paramedic License Pay will change from $110.77 per pay period to 2.5% of the top step Paramedic Firefighter biweekly base salary March 7, 2023 Item #3 Page 282 of 397 ii 7. Article 33: Leave of Absence Effective upon the first day of the first full pay period following City Council approval of this MOU, employees returning from incident deployments shall be granted deployment recovery leave of up to 24 hours. 8. Article 38: Post-Retirement Healthcare Trust Effective the first pay period in 2024, the city contribution to the Post-Retirement Healthcare Trust will increase from $150 to $200 per month per employee and the employee contribution will decrease from $250 to $200 per month. 9. Article 41: Education Incentive Effective the first pay period in 2023, education incentive level I will increase from 4.0% to 4.5% of the top step Paramedic Firefighter biweekly base salary and level II will increase from 6.4% to 6.9% of the top step Paramedic Firefighter biweekly base salary. March 7, 2023 Item #3 Page 283 of 397 iii Exhibit 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC. Term: January 1, 2020 2023 - December 31, 20222025 TABLE OF CONTENTS Preamble Page 1 Article 1 Recognition Page 1 Article 2 Implementation Page 1 Article 3 Term Page 1 Article 4 Renegotiation Page 1 Article 5 Retention of Benefits Page 2 Article 6 City Rights Page 2 Article 7 No Strike and No Lockout Page 3 Article 8 Compensation Adjustments Page 3 Article 9 Bereavement Leave Page 3 Article 10 Short-Term and Long Term Disability Insurance Page 4 Article 11 Annual Vacation Leave Page 5 Article 12 Sick Leave Accrual Page 8 Article 13 Bilingual Pay Page 9 Article 14 Linen Provision, Maintenance, and Replacement Page 10 Article 15 Health Insurance/Flexible Benefits Program Page 10 Article 16 Holidays Page 12 Article 17 Retirement Benefits Page 13 Article 18 Provision of 1959 PERS Survivors’ Benefit Page 14 Article 19 Overtime for Employees Working a 112 Hour/Pay Period Schedule Page 14 Article 20 Overtime for Employees Working an 80 Hour/Pay Period Schedule Page 14 Article 21 Americans With Disabilities Act Page 17 Article 22 Family Leave Act Page 17 Article 23 Discipline of Employee Page 18 Article 24 Grievance Procedure Page 23 Article 25 Alcohol and Drug Policy Page 26 Article 26 Authorized Agents Page 31 Article 27 Full Understanding, Modification, Waiver Page 31 Article 28 Provisions of Law Page 32 Article 29 Paramedic License Pay Page 32 Article 30 Reporting Value of Uniforms to CalPERS Page 32 Article 31 Acting Pay Page 32 March 7, 2023 Item #3 Page 284 of 397 iv Article 32 Deferred Compensation Page 33 Article 33 Leave of Absence Page 33 Article 34 Military Leave Page 37 Article 35 Jury Duty Page 37 Article 36 Life/Accidental Death & Dismemberment (AD&D) Insurance and Voluntary Benefits Page 38 Article 37 Probationary Period Page 38 Article 38 Post-Retirement Healthcare Trust Page 38 Article 39 Outsourcing Page 39 Article 40 Survey Market Page 39 Article 41 Education Incentive Page 39 Article 42 Wellness Page 41 Article 43 Paid Family Leave Page 42 Article 44 Association Time Bank Page 42 Appendix A Requirements to be “Certified”, Serve in an “Acting” Capacity and Apply for a Promotion, thru December 31, 2020 Page 43 Appendix BA Requirements to Apply for a Promotion and Serve in an “Acting” Capacity, Effective January 1, 20212023 Page 45 Appendix CB Compensation and Benefits Summary – Employees Working a Reduced FTE Schedule Page 46 March 7, 2023 Item #3 Page 285 of 397 1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into as of the date of formal approval hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the “city”) and the designated representatives of the Carlsbad Firefighters’ Association, Inc. (hereinafter referred to as CFA or “CFA, Inc.”). PREAMBLE It is the purpose of this Memorandum of Understanding (hereinafter referred to as “Memorandum”) to promote and provide for harmonious relations, cooperation, and understanding between the city management representatives and the local safety fire employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. In cases where there is a conflict between this Memorandum and the Carlsbad Fire Department Directives, this Memorandum shall prevail. ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CFA, Inc. as the majority representative for all classifications in this Unit, as set forth in the Petition for Recognition, submitted November 3, 1991, in accordance with the provisions of Section 2.48.090 (1) of the Carlsbad Municipal Code. ARTICLE 2. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CFA, Inc. It is agreed that this Memorandum shall not be binding upon the parties, either in whole or in part, unless and until the City Council acts by majority vote to formally approve and adopt this Memorandum. It is further agreed that, if the City Council approves and adopts this Memorandum, city management will act in a timely manner to make the changes or recommend the City Council make the changes, in city ordinances, resolutions, rules, policies, and procedures necessary to implement this Memorandum. ARTICLE 3. TERM The term of this Memorandum shall be from January 1, 20202023, through December 31, 20222025. ARTICLE 4. RENEGOTIATION March 7, 2023 Item #3 Page 286 of 397 2 In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum, that party shall serve upon the other a notice of such intent. During the term of this Memorandum, the parties agree to meet and confer upon request of the other party to discuss additional changes to this Memorandum in accordance with the Meyers-Milias-Brown Act (MMBA). In addition, the parties may meet and confer on the items listed below. • Health insurance benefits in order to reduce or eliminate penalties under the ACA. Any changes shall be by mutual agreement only. • Employee cost sharing toward the City’s city’s required contribution to CalPERS for CFA members if the CalPERS actual rate of return is less than CalPERS’ expected rate of return (the expected rate of return or “discount rate” in effect during that same prior fiscal year). Any changes shall be by mutual agreement only. • Eligibility for 4850 benefits for classifications in the Fire Prevention Bureau. Any changes shall be by mutual agreement only. • Establishment of an Association Leave Bank. Any changes shall be by mutual agreement only. • Options for employees to increase contributions to the Post-Retirement Healthcare Trust and options for establishment of individual accounts. Any changes shall be by mutual agreement only. 4.1 If there is a Ninth Circuit ruling between any parties under the Fair Labor Standards Act (FLSA) that determines the city’s current calculation of the regular rate of pay and overtime premium (e.g., the divisor and multiplier used) is below the FLSA minimum, then the parties will reopen negotiations to determine a remedy and any applicable changes to the MOU re: the calculation of the regular rate of pay and overtime premium. In addition, if there is a published Ninth Circuit decision that provides a revision or clarification to the FLSA that requires add-on pays not currently included in the city’s calculation of the regular rate of pay, the parties will reopen negotiations re: inclusion of those add-on pays in the FLSA calculation. The foregoing notwithstanding, if there is a published Ninth Circuit decision that add-on pays currently included in the city’s calculation of the FLSA regular rate are not to be included in the city’s calculation of the FLSA regular rate, this Agreement shall not reopen for negotiations. In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum, that party shall serve upon the other a notice of such intent. During the term of this Memorandum, the parties agree to meet and confer upon request of the other party to discuss additional changes to this Memorandum in accordance with the Meyers-Milias-Brown Act (MMBA). In addition, the parties may meet and confer on the items listed below. • Health insurance benefits in order to reduce or eliminate penalties under the ACA. Any changes shall be by mutual agreement only. • Employee cost sharing toward the City’s required contribution to CalPERS for CFA members if the CalPERS actual rate of return is less than CalPERS’ expected rate of return (the expected rate of return or “discount rate” in effect during that same prior fiscal year). Any changes shall be by mutual agreement only. • Eligibility for 4850 benefits for classifications in the Fire Prevention Bureau. Any changes shall be by mutual agreement only. • Establishment of an Association Leave Bank. Any changes shall be by mutual agreement only. March 7, 2023 Item #3 Page 287 of 397 3 • Options for employees to increase contributions to the Post-Retirement Healthcare Trust and options for establishment of individual accounts. Any changes shall be by mutual agreement only. ARTICLE 5. RETENTION OF BENEFITS The employees represented by CFA, Inc., shall retain all present benefits for the term of this agreement, as amended by this Memorandum, subject to the following provisions: • Matters That Fall Within the Scope of Representation: The city agrees to give advance notice and opportunity to meet and confer on the subject of current wage levels and benefits, and other matters which fall within the scope of representation, such as, but not limited to, material modifications to personnel rules and Fire Department directives, before taking any action impacting employees within the bargaining unit. • Management Rights: The city’s decisions regarding staffing levels, station closures, layoffs, reorganization, contracting out bargaining unit work to third parties, and furloughs which the city may elect to utilize to address fiscal difficulties it faces now or in the future, are management rights. Nevertheless, the city agrees to give advance notice and the opportunity to discuss these subjects before taking any action impacting employees within the bargaining unit. ARTICLE 6. CITY RIGHTS The rights of the city include, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; contract out, after meeting and conferring over decision and effects, bargaining unit work to third parties; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 7. NO STRIKE AND NO LOCKOUT A. No Strike. During the term of this Memorandum and in accordance with Labor Code Section 1962, neither the employees nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any other intentional disruption of the operations of the city, regardless of the reason for so doing. March 7, 2023 Item #3 Page 288 of 397 4 B. Penalty. If a strike occurs in violation of Article 7.A. or Labor Code Section 1962, the city may utilize any legal remedies available to it to halt the strike. In addition, any employee engaging in activity prohibited by Article 7.A. or Labor Code Section 1962, or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this Memorandum, the city will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 7.A. D. Association Official Responsibility. Each employee who is an officer of CFA, Inc. occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. The employees agree to inform members of their obligations under this Memorandum and Labor Code Section 1962 and to direct them to return to work. E. Non-discrimination Clause. Neither city nor CFA, Inc. shall interfere with, intimidate, restrain, coerce, or discriminate against employees covered by this Memorandum because of exercise of rights to engage or not engage in CFA, Inc. activity or because of the exercise of any right provided to the employees by this Memorandum. ARTICLE 8. COMPENSATION ADJUSTMENTS Effective January 1, 2020, all CFA represented employees will receive a 4.5% base salary increase. Effective January 1, 2021, all CFA represented employees will receive a 4.5% base salary increase. Effective January 1, 2022, all CFA represented employees will receive a 4.0% base salary increase. Effective January 1, 2023, all CFA represented employees will receive a 4.0% base salary increase. Effective January 1, 2024, all CFA represented employees will receive a 4.0% base salary increase. Effective January 1, 2025, all CFA represented employees will receive a 4.0% base salary increase. Any step increases granted shall be effective on the employee’s anniversary date or date of promotion. ARTICLE 9. BEREAVEMENT LEAVE In the event of the death of an employee’s immediate family member, the employee may take up to three (3) shifts of paid time off for bereavement. An additional two shifts may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. Bereavement leave must be taken within one year of the event. Additional time off may be authorized by the Fire Chief or his/her designee and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. The “immediate family” shall be defined as: a spouse, domestic partner, child, grandchild, member of immediate household, sibling, parent, or grandparent whether biological, foster, step, adopted, or in-law. It also includes any person who has served in place of a parent to the employee, or any person for whom the employee has served in place of a parent. The term “child” means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a March 7, 2023 Item #3 Page 289 of 397 5 child of a person standing in loco parentis. The term “parent” means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. The employee may be required to submit proof of the family member’s death before being granted bereavement leave. ARTICLE 10. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE Short-Term Disability Effective January 1, 2020, the city agrees towill provide represented employees with city-paid short-term disability insurance via an insurance provider and to pay the premium. The insurance shall provide for a seven (7) calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $150200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. Long-Term Disability The city will contract with a mutually agreed upon insurance company to provide long term disability insurance for all represented employees and the city will pay the premium. For information about this benefit, contact the Human Resources Department at 760-602442-339-2440. Use of Accrued Paid Time Off While Receiving Disability Benefits The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. The employee shall combine allowable types of accrued paid time off with short-term and long-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the disability payments. Accrued sick leave may not be combined with short-term disability payments. Refer to the long-term disability plan document for information on which types of accrued paid time off may be combined with long-term disability payments. Transition/Continuation of Benefits for Employees on a Short-Term Disability Leave of Absence as of December 31, 2019 An employee who is on a short-term disability leave of absence as of December 31, 2019 (including an intermittent leave), will be converted to short-term coverage with the city’s new disability insurance provider as of January 1, 2020 without having to repeat the waiting period. ARTICLE 11. ANNUAL VACATION LEAVE A. Basis of Accrual The annual vacation leave accrual schedule for all employees working a 112 hour/pay period schedule will be: Less than 3 full calendar years of continuous service -21 minutes/day 3 through 4.99 full calendar years of continuous service -26 minutes/day 5 through 9.99 full calendar years of continuous service -32 minutes/day March 7, 2023 Item #3 Page 290 of 397 6 10 through 10.99 full calendar years of continuous service -34 minutes/day 11 through 11.99 full calendar years of continuous service -36 minutes/day 12 through 12.99 full calendar years of continuous service -38 minutes/day 13 through 14.99 full calendar years of continuous service -40 minutes/day 15 or more full calendar years of continuous service -42 minutes/day The annual vacation leave accrual schedule for all employees working an 80 hour/pay period schedule: Less than 3 full calendar years of continuous service -13 minutes/day 3 through 4.99 full calendar years of continuous service -16 minutes/day 5 through 9.99 full calendar years of continuous service -20 minutes/day 10 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/day 13 through 14.99 full calendar years of continuous service -25 minutes/day 15 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. A CFA-represented employee who is reinstated, as defined in the City of Carlsbad Personnel Rules and Regulations, upon reinstatement, shall resume the same vacation accrual rate that the employee had at the time of their separation. Effective upon the first day of the first full pay period following City Council approval of this MOU, at the discretion of the Fire Chief or designee, in addition to service time with the City of Carlsbad, current employees and new hires shall be eligible to receive service credit towards the vacation accrual rate based on their previous full-time paid experience in a professional public safety agency in an equivalent job classification. This credit only applies to the vacation accrual rate. It does not apply to seniority or any other employee-related process, pay, benefit or accrual that is based on city service credit. When an employee changes from a 112 hour/pay period schedule to an 80 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is divided by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same. When an employee changes from an 80 hour/pay period schedule to a 112 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is multiplied by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same. March 7, 2023 Item #3 Page 291 of 397 7 B. Vacation Accrual Maximum Effective upon the first day of the first full pay period following City Council approval of this MOU, All all employees working a 112 hour/pay period schedule shall be entitled to earn and accrue up to and including four hundred and forty-eight (448560) hours of vacation (increased from a maximum of 448 hours). No employee working a 112 hour/pay period schedule will be allowed to earn and accrue vacation hours in excess of the four hundred and forty-eight (448) hour vacation accrual maximum. Each year, in the last paycheck in December, all accrued vacation hours over 384 496 hours will be deposited into the employee’s individual post-retirement healthcare trust account. Effective the first day of the first full pay period following City Council approval of this MOU, all All employees working an 80 hour/pay period schedule shall be entitled to earn and accrue up to and including three hundred and twenty (320400) hours of vacation (increased from a maximum of 320 hours). No employee working an 80 hour/pay period schedule will be allowed to earn and accrue vacation hours in excess of the three hundred and twenty (320) hour vacation accrual maximum. Each year, in the last paycheck in December, all accrued vacation hours over 256 336 hours will be deposited into the employee’s individual post-retirement healthcare trust account. There shall be no cash option available to the employee for the conversion of unused accrued vacation hours. Department Heads will encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/shethe employee must submit a request in writing to the Fire Chief or his/her designee and the City Manager. The Fire Chief or his/her designee and the City Manager may grant such a request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. C. Vacation Conversion 1. Employees working an112-hour per pay period schedule are eligible to submit an irrevocable request to elect to convert up to 112 hours of accrued vacation hours for the following calendar year to be deposited into the employee’s individual post-retirement healthcare trust account. Employees working an 80-hour pay period schedule are also eligible to submit an irrevocable request to elect to convert up to 80 hours of accrued vacation hours for the following calendar year to be deposited into the employee’s individual post-retirement healthcare trust account. There shall be no cash option available to the employee for the conversion of unused accrued vacation hours. 2. All employees wishing to convert accrued vacation to fund their post-retirement healthcare trust 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. March 7, 2023 Item #3 Page 292 of 397 ---- ---- 8 3. Only vacation hours accrued during the calendar year following the election may be converted. Employees accruing less than the election amount may convert no more than their total vacation accrual in the following calendar year. 4. The employee’s accrued vacation to convert to the healthcare trust will be credited first to the trust account with the employee’s earned vacation leave until the employee’s full election amount is reached. The vacation hours designated to the trust account will not be credited toward the employee’s maximum vacation accrual. During this period of time, no earned vacation leave will be credited to the employee’s vacation time off balance. 5. Conversion of vacation hours elected for the trust will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case conversion of the elected vacation hours may will occur in July at the employee’s request. All vacation hours will be converted 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 conversion amount will be reduced to the total number of vacation hours the employee actually accrues in the calendar year and the conversion will be made no later than the last pay date in the calendar year. The vacation conversion amount will be based on the employee’s rate of pay at the time of the conversion. 6. An employee who does not elect to designate vacation hours to convert by December 10 waives their right to do so and will not be allowed to elect to convert vacation accruing in the following year. Mandatory conversion of vacation accrued over the designated accrual amount under Article 11B shall still occur. D. Effects of Holiday on Vacation Leave For all employees, except for those on an Aadministrative assignment, who work an 80 hour/pay period schedule, in the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday. E. Effect of Leave of Absence on Accrual of Vacation Leave See Article 33 for the effect of an extended leave of absence on vacation accrual. F. Compensation for City Work During Vacation Prohibited No person employee shall be permitted to work for compensation for the city in any capacity, except compensation for mandated court appearances, during the time of his/herthe employee’s paid vacation leave from city service. This clause shall not limit the March 7, 2023 Item #3 Page 293 of 397 9 city’s right to recall an employee from vacation in the event of an emergency and place him/herthe employee on regular pay status. G. Scheduling Vacations An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. All vacation requests must be placed in Telestaff per the Department Directive. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. H. Terminal Vacation Pay 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 Citycity-sponsored 457 Plan at the base rate of pay in effect at the time of separation from the Citycity. 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 maximum allowed per the law and those contributions are returned to the Citycity, the City 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 Citycity-sponsored 457 Plan no later than 14 calendar days prior to the employee’s last pay date. ARTICLE 11. ANNUAL VACATION LEAVE C. Basis of Accrual The annual vacation leave accrual schedule for all employees working a 112 hour/pay period schedule will be: Less than 3 full calendar years of continuous service -21 minutes/day 3 through 4.99 full calendar years of continuous service -26 minutes/day 5 through 9.99 full calendar years of continuous service -32 minutes/day 10 through 10.99 full calendar years of continuous service -34 minutes/day 11 through 11.99 full calendar years of continuous service -36 minutes/day 12 through 12.99 full calendar years of continuous service -38 minutes/day 13 through 14.99 full calendar years of continuous service -40 minutes/day March 7, 2023 Item #3 Page 294 of 397 10 15 or more full calendar years of continuous service -42 minutes/day The annual vacation leave accrual schedule for all employees working an 80 hour/pay period schedule: Less than 3 full calendar years of continuous service -13 minutes/day 3 through 4.99 full calendar years of continuous service -16 minutes/day 5 through 9.99 full calendar years of continuous service -20 minutes/day 10 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/day 13 through 14.99 full calendar years of continuous service -25 minutes/day 15 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. A CFA-represented employee who is reinstated, as defined in the City of Carlsbad Personnel Rules and Regulations, upon reinstatement, shall resume the same vacation accrual rate that the employee had at the time of their separation. When an employee changes from a 112 hour/pay period schedule to an 80 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is divided by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same. When an employee changes from an 80 hour/pay period schedule to a 112 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is multiplied by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same. D. Vacation Accrual Maximum All employees working a 112 hour/pay period schedule shall be entitled to earn and accrue up to and including four hundred and forty-eight (448) hours of vacation. No employee working a 112 hour/pay period schedule will be allowed to earn and accrue vacation hours in excess of the four hundred and forty-eight (448) hour maximum. All employees working an 80 hour/pay period schedule shall be entitled to earn and accrue up to and including three hundred and twenty (320) hours of vacation. No employee working an 80 hour/pay period schedule will be allowed to earn and accrue vacation hours in excess of the three hundred and twenty (320) hour maximum. Department Heads will encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the Fire Chief or his/her designee and the City Manager. The Fire Chief or his/her designee and the City March 7, 2023 Item #3 Page 295 of 397 11 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. D. Vacation Conversion 7. No later than December 10, 2019, employees working an 112-hour per pay period schedule will be provided an option to convert accrued and unused vacation to cash in amount of one hundred twelve (112) hours. No later than December 10, 2019, employees working an 80-hour per pay period schedule will be provided an option to convert accrued and unused vacation to cash in amount of eighty (80) hours. All accrued and unused vacation earned up through the last full period in December 2019, that is not requested to be cashed out by December 10, 2019 is no longer eligible to be converted to cash, except upon separation of employment with the city. 8. Employees working an112-hour per pay period schedule are also eligible to submit an irrevocable request to elect to cash out up to 112 hours of accrued vacation hours for the following calendar year. Employees working an 80-hour pay period schedule are also eligible to submit an irrevocable request to elect to cash out up to 80 hours of accrued vacation hours for the following calendar year. 9. 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. 10. 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. 11. The employee’s accrued vacation to convert to cash will be credited first to the cash out account with the employee’s earned vacation leave until the employee’s full election amount is reached. The vacation hours designated to the cash out account will not be credited toward the employee’s maximum vacation accrual. During this period of time, no earned vacation leave will be credited to the employee’s vacation time off balance. 12. Payment of vacation hours elected for cash out will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case payment of the elected vacation hours may be cashed out in July at the employee’s request. All vacation hours will be paid in the calendar year in which the vacation hours accrue. If the employee does not accrue all requested vacation hours in the calendar year, the vacation payment amount will be reduced to the total number of vacation hours the employee actually accrues in the March 7, 2023 Item #3 Page 296 of 397 12 calendar year and the payout will be made no later than the last pay date in the calendar year. 13. 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. 14. An employee who does not elect to cash out vacation by December 10 waives their right to do so and will not be allowed to cash out any vacation accruing in the following year. D. Effects of Holiday on Vacation Leave For all employees, except for those on an Administrative assignment, who work an 80 hour/pay period schedule, in the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday. E. Effect of Leave of Absence on Accrual of Vacation Leave See Article 33 for the effect of an extended leave of absence on vacation accrual. F. Compensation for City Work During Vacation Prohibited No person shall be permitted to work for compensation for the city in any capacity, except compensation for mandated court appearances, during the time of his/her paid vacation leave from city service. This clause shall not limit the city’s right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status. G. Scheduling Vacations An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. All vacation requests must be placed in Telestaff per the Department Directive. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. H. Terminal Vacation Pay The dollar value of an employee’s accrued vacation balance as of the employee’s last day on payroll shall be paid to the employee upon separation of employment at the employee’s base rate of pay at separation. When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided in the Probate Code of the State. March 7, 2023 Item #3 Page 297 of 397 13 ARTICLE 12. SICK LEAVE ACCRUAL All employees working a 112 hour/pay period schedule shall be entitled to accrue sick leave at a rate of 25 minutes per day. All other employees shall be entitled to accrue sick leave at a rate of 16 minutes per day. Sick leave is accrued on a daily basis. Sick leave can be used in 15 minute increments. An employee who is changed from a 112 hour/pay period schedule to an 80 hour/pay period schedule as a result of an administrative assignment or an occupational injury assignment (either full or light/modified duty) will continue to accrue at a rate of 25 minutes per day during this assignment. A. Use of Sick Leave Sick leave 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 employee or an employee’s family member (e.g., to recuperate from or receive treatment for personal injuries or illnesses, to care for an injured or ill family member or to attend medical, dental or optometry appointments). 2. If the employee 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), domestic violence services, or medical or mental health treatment. Employees shall be required to account for all hours they are requesting as sick leave via the city’s timekeeping/scheduling system. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws. If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated. Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965. Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick leave shall be allowed as follows: March 7, 2023 Item #3 Page 298 of 397 14 1. In the case of actual illness or disability. 2. Exposure to contagious disease that would jeopardize the health of others. When sick leave is granted under these circumstances, an explanatory medical certificate from the physician is required. 3. A pre-scheduled doctor, dental, or optometry appointment has been entered into Telestaff and approved by management. 4. Because illness of a member of the immediate family requires constant care and no other care is available and/or financially feasible except that of the employee. Immediate family is defined in the Personnel Rules. 5. All leave provisions will be administered consistent with state and federal laws. B. Proof of Illness The Fire Chief or his/her designee may request a certificate issued by a licensed physician or other satisfactory proof of illness when abuse is suspected and/or when sick leave use is in excess of three (3) consecutive scheduled work days (including days the employee is scheduled to work due to a shift trade). The Fire Chief or his/her designee may also designate a licensed physician to conduct a physical examination, and such examination shall be conducted at city expense. Employees shall be required to account for all hours they are requesting as sick leave via Telestaff. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when, in the opinion of the Fire Chief or his/her designee, determines that the employee has abused such privileges. CB. Effect of Leave of Absence See Article 33 for the effect of an extended leave of absence on sick leave accrual. C. Sick Leave Conversion For an employee on an 80 hour/pay period schedule: Any represented employee who has accrued and maintains a minimum of 160 hours of sick leave shall be permitted to convert up to 120 hours of accumulated uncompensated sick leave to 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 eight 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. For an employee on a 112 hour/pay period schedule: March 7, 2023 Item #3 Page 299 of 397 15 Any represented employee who has accrued and maintains a minimum of 240 hours of sick leave shall be permitted to convert up to 288 hours of accumulated uncompensated sick leave to 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. All employees working a 112 hour/pay period schedule shall be entitled to accrue sick leave at a rate of 25 minutes per day. All other employees shall be entitled to accrue sick leave at a rate of 16 minutes per day. Sick leave is accrued on a daily basis. Sick leave can be used in 15 minute increments. An employee who is changed from a 112 hour/pay period schedule to an 80 hour/pay period schedule as a result of an administrative assignment or an occupational injury assignment (either full or light/modified duty) will continue to accrue at a rate of 25 minutes per day during this assignment. B. Use of Sick Leave Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick leave shall be allowed as follows: 1. In the case of actual illness or disability. 2. Exposure to contagious disease that would jeopardize the health of others. When sick leave is granted under these circumstances, an explanatory medical certificate from the physician is required. 3. A pre-scheduled doctor, dental, or optometry appointment has been entered into Telestaff and approved by management. 4. Because illness of a member of the immediate family requires constant care and no other care is available and/or financially feasible except that of the employee. Immediate family is defined in the Personnel Rules. 5. All leave provisions will be administered consistent with state and federal laws. B. Proof of Illness The Fire Chief or his/her designee may request a certificate issued by a licensed physician or other satisfactory proof of illness when abuse is suspected and/or when sick leave use is in excess of three (3) consecutive scheduled work days (including days the employee is scheduled to work due to a shift trade). The Fire Chief or his/her designee may also March 7, 2023 Item #3 Page 300 of 397 16 designate a licensed physician to conduct a physical examination, and such examination shall be conducted at city expense. Employees shall be required to account for all hours they are requesting as sick leave via Telestaff. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when, in the opinion of the Fire Chief or his/her designee, the employee has abused such privileges. C. Effect of Leave of Absence See Article 33 for the effect of an extended leave of absence on sick leave accrual. E. Sick Leave Conversion For an employee on an 80 hour/pay period schedule: Any represented employee who has accrued and maintains a minimum of 160 hours of sick leave shall be permitted to convert up to 120 hours of accumulated uncompensated sick leave to vacation at a ratio of 24 hours of sick leave to 8 hours of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. For an employee on a 112 hour/pay period schedule: Any represented employee who has accrued and maintains a minimum of 240 hours of sick leave shall be permitted to convert up to 288 hours of accumulated uncompensated sick leave to vacation at a ratio of 72 hours of sick leave to 24 hours of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. ARTICLE 13. BILINGUAL PAY Effective the first pay period in 2023, the city will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $50.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the city. In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as determined and paid for by the city in the foreign language or American Sign Language (ASL). Bilingual proficiency testing will occur during the employee’s regular work shift. In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU. March 7, 2023 Item #3 Page 301 of 397 17 The city will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $40.00 per pay period for the performance of bilingual skills. In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test in the Spanish language as determined appropriate by the city. The city reserves the right to include other languages as eligible for bilingual pay at some future date. This article shall not be subject to the grievance procedure. ARTICLE 14. LINEN PROVISION, MAINTENANCE, AND REPLACEMENT The city agrees to provide one set of bed linen and two towels per person for all personnel working a 112 hour/pay period work schedule. To assist in maintenance, all fire stations will be equipped with washing machines and dryers; shift personnel will be responsible for maintaining their own linens and towels. The city agrees to replace linens and towels on an “as needed” basis, with a maximum replacement of once per calendar year. ARTICLE 15. HEALTH INSURANCE/FLEXIBLE BENEFITS PROGRAM Employees represented by the CFA, Inc. will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below. A. Benefits Credits and Medical Insurance During the term of this Agreement, represented employees will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in this Article, the minimum amount per month required under California 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 an employee must select one medical plan from the variety of medical plans offered through CalPERS. The city shall contribute monthly amounts (called Benefits Credits) on behalf of each active employee and eligible dependents toward the payment of medical premiums under the CalPERS health program for all FLSA eligible hours paid in the pay period. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference. March 7, 2023 Item #3 Page 302 of 397 18 Waiver Provision: CFA-represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the city’s medical insurance program, provided they can show proof of alternative minimum essential coverage as defined by the Affordable Care Actthat they are covered under another group insurance program. For those employees who are covered under another employer sponsored group insurance program, Tthe benefits credits associated with waiving medical coverage will be set equal to 50% of the benefit credits associated with Employee Only medical coverage level. If this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical planequal to $400 per month. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income and included in the calculation of the regular rate of pay and overtime premium under the FLSA. The Benefits Credits for calendar year 2020 2023 shall increase are as shown in the table below. Medical Coverage Level Prior Monthly Benefits Credits 2020 2023 Monthly Benefits Credits Monthly Increase Employee $577659.00 $609674.00 $3215.00 Employee + 1 $1,1581,316.00 $1,2161,345.00 $5829.00 Family $1,5281,737.00 $1,6071,764.00 $7927.00 Waive Medical $416.68329.50 $477.64400 $60.9670.50 To provide CFA represented employees with the value of the increase in 2020 Benefits Credits retroactive to the first full pay period in 2020, with the payroll for the first full pay period after ratification of this Memorandum by the City Council, the city shall make a one-time taxable (non-PERSable) cash payment equal to the increase in benefits credits for CFA members employed by the city on that date. The increase in Benefits Credits shall be given to each employee based on the employee’s medical coverage level in the pay period in which the cash amount is paid and pro-rated based on the employee’s benefit-eligibility date (i.e., the date they became eligible for city benefits). Effective the pay periods that include January 1, 2021 and January 1, 2022 2024, January 1, 2025 and December 31, 2022 2025 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 March 7, 2023 Item #3 Page 303 of 397 19 coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. B. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance Employees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level. C. Retirees Each retired employee who was a member of this bargaining unit is covered by the Public Employees’ Medical and Hospital Care ActPEMHCA and is eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individualthey are 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 California Government Code Section 22892 of the PEMHCA toward the cost of each retiree’s enrollment in the CalPERS Health Program. Employees who retire from the city, either service or disability, shall be eligible to elect, upon retirement, to participate in the city’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose continued coverage upon retirement, or who chooses coverage and later drops it, is not eligible to return to the city’s dental and vision insurance programs. The city will invoice the retiree for his/herthe retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. Employees represented by the CFA, Inc. will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below. D. Benefits Credits and Medical Insurance During the term of this Agreement, represented employees will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program. The city will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees’ Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered through CalPERS. March 7, 2023 Item #3 Page 304 of 397 20 The city shall contribute monthly amounts (called Benefits Credits) on behalf of each active employee and eligible dependents toward the payment of medical premiums under the CalPERS health program. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference. Waiver Provision: CFA-represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the city’s medical insurance program, provided they can show that they are covered under another group insurance program. The benefits credits associated with waiving medical coverage will be set equal to 50% of the benefit credits associated with Employee Only medical coverage level. If this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income. The Benefits Credits for calendar year 2020 shall increase as shown in the table below. Medical Coverage Level Prior Monthly Benefits Credits 2020 Monthly Benefits Credits Monthly Increase Employee $577.00 $609.00 $32.00 Employee + 1 $1,158.00 $1,216.00 $58.00 Family $1,528.00 $1,607.00 $79.00 Waive Medical $416.68 $477.64 $60.96 To provide CFA represented employees with the value of the increase in 2020 Benefits Credits retroactive to the first full pay period in 2020, with the payroll for the first full pay period after ratification of this Memorandum by the City Council, the city shall make a one-time taxable (non-PERSable) cash payment equal to the increase in benefits credits for CFA members employed by the city on that date. The increase in Benefits Credits shall be given to each employee based on the employee’s medical coverage level in the pay period in which the cash amount is paid and pro-rated based on the employee’s benefit-eligibility date (i.e., the date they became eligible for city benefits). Effective the pay periods that include January 1, 2021 and January 1, 2022 and December 31, 2022 the city monthly benefit credits associated with each medical coverage level will March 7, 2023 Item #3 Page 305 of 397 21 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. E. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance Employees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level. F. Retirees Each retired employee who was a member of this bargaining unit is covered by the Public Employees’ Medical and Hospital Care Act and is eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The city will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree’s enrollment in the CalPERS Health Program. Employees who retire from the city, either service or disability, shall be eligible to elect, upon retirement, to participate in the city’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose continued coverage upon retirement, or who chooses coverage and later drops it, is not eligible to return to the city’s dental and vision insurance programs. The city will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. ARTICLE 16. HOLIDAYS The city shall observe the following scheduled paid holidays, consistent with the annual holiday schedule published by the Human Resources Department: New Year’s Day Martin Luther King Jr.’s Birthday President’s Birthday Memorial Day Independence Day Labor Day Columbus Indigenous Peoples’ Day Veterans Day Thanksgiving March 7, 2023 Item #3 Page 306 of 397 22 Thanksgiving Friday Christmas Day Effective January 27, 2020, the following provisions will be in effect: 1) Suppression personnel assigned as a Lifeguard Supervisor or on an administrative assignment are ineligible for the holiday pay listed above. These personnel will receive straight time pay when they are regularly scheduled to work on the holidays listed above. 2) Fire Prevention personnel, personnel on a non-occupational injury light/modified duty assignment and Suppression personnel in the new hire academy will be eligible to have the day off with pay on the holidays listed above. 3) Suppression personnel working a 112 hour/pay period schedule, personnel on an occupational injury light/modified duty assignment and Paramedic Lifeguard Lieutenants shall be credited with an additional twelve (12) hours of holiday pay (using a base salary rate that excludes additional pays) on the day the holiday occurs based on all FLSA eligible hours paid in the pay period during the calendar year that the holiday occurs. Employees scheduled to work on a holiday who desire the day off will utilize their own leave balances. See Article 33 for the effect of an extended leave of absence on holiday pay. Only employees who are on paid status on their scheduled work day immediately before a holiday shall be entitled to the paid holiday. The city shall observe the following scheduled paid holidays, consistent with the annual holiday schedule published by the Human Resources Department: New Year’s Day Martin Luther King Jr.’s Birthday President’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Thanksgiving Friday Christmas Day The following provisions will be in effect beginning with the first full pay period following Council ratification of this MOU. March 7, 2023 Item #3 Page 307 of 397 23 4) Suppression personnel assigned as a Lifeguard Supervisor or on an administrative assignment are ineligible for the holiday pay listed above. These personnel will receive straight time pay when they are regularly scheduled to work on the holidays listed above. 5) Fire Prevention personnel, personnel on a non-occupational injury light/modified duty assignment and Suppression personnel in the new hire academy will be eligible to have the day off with pay on the holidays listed above. 6) Suppression personnel working a 112 hour/pay period schedule, personnel on an occupational injury light/modified duty assignment and Paramedic Lifeguard Lieutenants shall be compensated for an additional twelve (12) hours of holiday pay (using a base salary rate that excludes additional pays) on the day the holiday occurs. See Article 33 for the effect of an extended leave of absence on holiday pay. Only employees who are on paid status on their scheduled work day immediately before a holiday shall be entitled to the paid holiday. ARTICLE 17. RETIREMENT BENEFITS 17.1 The city has contracted with CalPERS for the following retirement benefits: • Safety Tier 1 - (employees entering safety membership for the first time prior to October 4, 2010) – The retirement formula shall be 3% @ 50; single highest year final compensation. • Safety Tier 2 - (employees entering safety membership for the first time on or after October 4, 2010) – The retirement formula shall be 2% @ 50; three year average final compensation. • Safety Tier 3 – (employees entering safety membership for the first time on or after January 1, 2013) - The retirement formula shall be 2.7% @ 57; three year average final compensation. Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/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 six months or more) will constitute a third tier and be subject to all the applicable PEPRA provisions. 17.2. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of section Section 414(h)(2) of the Internal Revenue Code (IRC). Employees shall make the following employee retirement contributions through payroll deductions: March 7, 2023 Item #3 Page 308 of 397 24 • Tier 1 and Tier 2 safety employees shall pay all of the employee retirement contribution (9%). • Tier 3 safety employees shall pay the required PEPRA member contribution rate as established by CalPERS. 17.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the city will report the value of the EPMC as additional (special) compensation to CalPERS for all local fire employees designated as “classic CalPERS members.” ARTICLE 18. PROVISION OF 1959 PERS SURVIVORS’ BENEFIT The city agrees to provide the Fourth Level of the 1959 Survivors’ Benefit. ARTICLE 19. OVERTIME FOR EMPLOYEES WORKING A 112 HOUR/PAY PERIOD SCHEDULE A. In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for emergency call-back), and time spent conducting bona fide volunteer activities. Time worked shall be computed by rounding to the nearest quarter of an hour. B. Sworn personnel who are assigned to fire suppression shall work a 112 hour/pay period on a Kelly schedule or other shift schedule as approved at the discretion of the Fire Chief or his/her designee. Suppression employees temporarily assigned to light/modified duty will be assigned a traditional 5/40 work schedule or alternative work schedule as approved at the discretion of the Fire Chief or his/her designee. In this situation, the employee's hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate. C. The City of Carlsbad will use a 24-day work cycle for fire suppression employees under the 7(k) exemptions contained in the Fair Labor Standards Act. The "work period" shall be twenty-four (24) days in length. The "work schedule" is to be based on a fifty-six (56) hour average workweek. Each fire suppression employee on a 112 hour/pay period schedule (or on a light/modified duty IOD-related work schedule) will earn six (6) hours of premium pay in each biweekly pay period. In addition, any employee required to perform in excess of an employee’s normal scheduled shift shall receive overtime compensation. For FLSA overtime, the calculation of the regular rate of pay and overtime premium shall be calculated in conformance with the FLSA as required by this Agreement. D. In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel March 7, 2023 Item #3 Page 309 of 397 25 time to and from work (except for emergency call-back), and time spent conducting bona fide volunteer activities. Time worked shall be computed by rounding to the nearest quarter of an hour. E. Sworn personnel who are assigned to fire suppression shall work a 112 hour/pay period on a Kelly schedule or other shift schedule as approved at the discretion of the Fire Chief or his/her designee. Suppression employees temporarily assigned to light/modified duty will be assigned a traditional 5/40 work schedule or alternative work schedule as approved at the discretion of the Fire Chief or his/her designee. In this situation, the employee's hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate. F. The City of Carlsbad will use a 24-day work cycle for fire suppression employees under the 7(k) exemptions contained in the Fair Labor Standards Act. The "work period" shall be twenty-four (24) days in length. The "work schedule" is to be based on a fifty-six (56) hour average workweek. Each fire suppression employee on a 112 hour/pay period schedule (or on a light/modified duty IOD-related work schedule) will earn six (6) hours of premium pay in each biweekly pay period. In addition, any employee required to perform in excess of an employee’s normal scheduled shift shall receive overtime compensation. For FLSA overtime, the regular rate of pay shall be calculated in conformance with the FLSA. ARTICLE 20. OVERTIME AND COMP TIME FOR EMPLOYEES WORKING AN 80 HOUR/PAY PERIOD SCHEDULE A. SCOPE 1. This article shall apply to employees working in the classifications listed below or who work an 80 hour/pay period on a 5/40 schedule or alternative schedule as approved by the Fire Chief or his/her designee: o Paramedic Lifeguard Lieutenants o Fire Prevention Personnel o Suppression personnel in the new hire academy o Any classification working on an administrative assignment as approved by the Fire Chief or his/her designee (e.g., Training Captain) 2. However, this article does not apply to any suppression employee who is assigned to administrative assignment due to temporary light duty status. 3. In determining an employee’s eligibility for overtime, under this agreement, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are March 7, 2023 Item #3 Page 310 of 397 26 duty free lunches, travel time to and from work (except for emergency call-back), and time spent conducting bona fide volunteer activities. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. B. COMPENSATION FOR ADMINISTRATIVE ASSIGNMENTS The employee' s hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate. Beginning with the first full pay period following Council ratification of this MOU, while appointed or assigned to an administrative position, the employee shall receive an additional 15 percent (15%) above their base hourly pay rate. C. HOURS OF WORK 1. Overtime The official 7-day FLSA work week for employees on a 9/80 Friday to Friday shift begins four (4) hours after the regularly scheduled starting time for their Friday shift and ends one hundred sixty-eight (168) hours later (at four (4) hours after the regularly scheduled starting time for their Friday shift). For all other employees, except suppression employees on an administrative assignment as Lifeguard Supervisors, who work an 80 hour/pay period schedule the 7-day FLSA work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m. For suppression employees on an administrative assignment as Lifeguard Supervisors, the city will use a 14-day work cycle for employees under the 7(k) exemptions contained in the FLSA. The “work period” shall be fourteen (14) days in length. The “work schedule” will be variable based on seasonal needs with a base of forty (40) hour average workweek. Peak season staffing will be set at a 3/12 and 4/12 schedule with a forty-two (42) hour average workweek. The FLSA work period is from 12:00 am Sunday and concludes on the 14th day on the Saturday at 11:59 pm. (Based on the FLSA 7(k) guidelines, hours worked in excess of 106 in the 14-day work period will be paid out as FLSA overtime.) Any employee who is not 7k exempt that is required to perform in excess of forty (40) hours in their seven-day work week or any employee who works in excess of an employee’s normal scheduled day shall receive overtime compensation. March 7, 2023 Item #3 Page 311 of 397 27 For FLSA overtime, the calculation of the regular rate of pay and overtime premium shall be calculated in conformance with the FLSA as required by this Agreement. Employees regularly assigned to a 112 hour/pay period schedule who are assigned to an 80 hour/pay period schedule administrative assignment, will not be available to work shift overtime on days they are assigned to an administrative assignment unless authorized by the Duty Battalion Chief. Employees are authorized to work suppression overtime during hours they are not assigned to administration. Employees working an 80 hour/pay period schedule who work a suppression overtime shift will have their pay rate converted to the 112 hour/pay period rate while on the suppression overtime shift. This rate shall not include the 15% administrative assignment pay. Suppression members that are on an administrative assignment will not remain subject to force hires for suppression assignments. 2. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee working an 80 hour/pay period schedule may elect, subject to department approval, to receive compensatory time off. No employee shall accrue more than 80 hours of such compensatory time. When an employee has accumulated the maximum number of hours of compensatory time off, he/shethe employee shall receive all overtime compensation in cash. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. Any accrued and unused compensatory time through December 31, 2019 will be cashed out on the last pay date in June 2020. Effective January 1, 2020, all All accrued and unused compensatory time during the calendar year will be cashed out on the last pay date of the calendar year. No compensatory time may be accrued beginning on the last pay period of the calendar year through the end of the calendar year. At the time an employee switches from an 80 hour/pay period schedule to a 112 hour/pay period schedule, all accrued and unused compensatory time will be cashed out. An employee may elect to “cash out” any portion of his/herthe employee’s accrued compensatory time at his/herthe employee’s regular base rate of pay in any pay period. The employee shall indicate the number of hours to be cashed out on his/herthe employee’s timesheet. March 7, 2023 Item #3 Page 312 of 397 -------_ I 28 3. Request for Temporary Shift Adjustment (Flex Time) An employee may request that the employee’s normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee’s FLSA work week without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate even if the employee’s hours worked exceed his/herthe employee’s normal scheduled shift on that day. 4. Employees hired by divisions or bureaus currently operating on an alternative work schedule shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. This article shall not be subject to the grievance procedure. D. RETURN TO SUPPRESSION DUTIES Upon completion of the administrative assignment, the employee will return to his /herthe employee’s previous rank held at the time of accepting the appointment unless the employee has been promoted to another position/rank. The duration of an appointment or assignment to administrative duties will normally be for a minimum of two years but may be extended one year at the discretion of the Fire Chief or his/her designee. A. SCOPE 1. This article shall apply to employees working in the classifications listed below or who work an 80 hour/pay period on a 5/40 schedule or alternative schedule as approved by the Fire Chief or his/her designee: o Paramedic Lifeguard Lieutenants o Fire Prevention Personnel o Suppression personnel in the new hire academy o Any classification working on an administrative assignment as approved by the Fire Chief or his/her designee (e.g., Training Captain) 2. However, this article does not apply to any suppression employee who is assigned to administrative assignment due to temporary light duty status. 3. In determining an employee’s eligibility for overtime, under this agreement, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for emergency call-back), and time spent conducting bona fide volunteer activities. March 7, 2023 Item #3 Page 313 of 397 29 There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. B. COMPENSATION FOR ADMINISTRATIVE ASSIGNMENTS The employee' s hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate. Beginning with the first full pay period following Council ratification of this MOU, while appointed or assigned to an administrative position, the employee shall receive an additional 15 percent (15%) above their base hourly pay rate. C. HOURS OF WORK 1. Overtime The official 7-day FLSA work week for employees on a 9/80 Friday to Friday shift begins four (4) hours after the regularly scheduled starting time for their Friday shift and ends one hundred sixty-eight (168) hours later (at four (4) hours after the regularly scheduled starting time for their Friday shift). For all other employees, except suppression employees on an administrative assignment as Lifeguard Supervisors, who work an 80 hour/pay period schedule the 7-day FLSA work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m. For suppression employees on an administrative assignment as Lifeguard Supervisors, the city will use a 14-day work cycle for employees under the 7(k) exemptions contained in the FLSA. The “work period” shall be fourteen (14) days in length. The “work schedule” will be variable based on seasonal needs with a base of forty (40) hour average workweek. Peak season staffing will be set at a 3/12 and 4/12 schedule with a forty-two (42) hour average workweek. The FLSA work period is from 12:00 am Sunday and concludes on the 14th day on the Saturday at 11:59 pm. (Based on the FLSA 7(k) guidelines, hours worked in excess of 106 in the 14-day work period will be paid out as FLSA overtime.) Any employee who is not 7k exempt that is required to perform in excess of forty (40) hours in their 7 day work week or any employee who works in excess of an employee’s normal scheduled day shall receive overtime compensation. The regular rate of pay shall be calculated in conformance with the FLSA. March 7, 2023 Item #3 Page 314 of 397 30 Employees regularly assigned to a 112 hour/pay period schedule who are assigned to an 80 hour/pay period schedule administrative assignment, will not be available to work shift overtime on days they are assigned to an administrative assignment unless authorized by the Duty Battalion Chief. Employees are authorized to work suppression overtime during hours they are not assigned to administration. Employees working an 80 hour/pay period schedule who work a suppression overtime shift will have their pay rate converted to the 112 hour/pay period rate while on the suppression overtime shift. This rate shall not include the 15% administrative assignment pay. Suppression members that are on an administrative assignment will not remain subject to force hires for suppression assignments. 2. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee working an 80 hour/pay period schedule may elect, subject to department approval, to receive compensatory time off. No employee shall accrue more than 80 hours of such compensatory time. When an employee has accumulated the maximum number of hours of compensatory time off, he/she shall receive all overtime compensation in cash. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. Any accrued and unused compensatory time through December 31, 2019 will be cashed out on the last pay date in June 2020. Effective January 1, 2020, all accrued and unused compensatory time during the calendar year will be cashed out on the last pay date of the calendar year. No compensatory time may be accrued beginning on the last pay period of the calendar year through the end of the calendar year. At the time an employee switches from an 80 hour/pay period schedule to a 112 hour/pay period schedule, all accrued and unused compensatory time will be cashed out. An employee may elect to “cash out” any portion of his/her accrued compensatory time at his/her regular rate of pay in any pay period. The employee shall indicate the number of hours to be cashed out on his/her timesheet. 3. Request for Temporary Shift Adjustment (Flex Time) March 7, 2023 Item #3 Page 315 of 397 31 An employee may request that the employee’s normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee’s FLSA work week without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate even if the employee’s hours worked exceed his/her normal scheduled shift on that day. 4. Employees hired by divisions or bureaus currently operating on an alternative work schedule shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. This article shall not be subject to the grievance procedure. D. RETURN TO SUPPRESSION DUTIES Upon completion of the administrative assignment, the employee will return to his /her previous rank held at the time of accepting the appointment unless the employee has been promoted to another position/rank. The duration of an appointment or assignment to administrative duties will normally be for a minimum of two years but may be extended one year at the discretion of the Fire Chief or his/her designee. ARTICLE 21. AMERICANS WITH DISABILITIES ACT The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this MOU so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this MOU. ARTICLE 22. FAMILY LEAVE ACT The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and implement this MOU so as to comply with the Act. The parties agree to consult if compliance with the Act may require modifying the provisions of this MOU. ARTICLE 23. DISCIPLINE OF AN EMPLOYEE 23.1 Authority - Full authority for discipline is retained by the city. The city may discipline a regular employee for just cause. In appropriate cases the city will use progressive disciplinary practices. 23.2 Representation - An employee attending any investigatory or fact-finding meeting which may result directly in discipline, reduction in pay, suspension, demotion or discharge shall be allowed representation. 23.3 Grounds for Discipline - The city has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee’s prior performance March 7, 2023 Item #3 Page 316 of 397 32 and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment including untruthfulness, misrepresentation or omission of information. (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, public disclosure of privileged information or dishonesty. (3) Failure to maintain certification and licenses required by law or the Fire Department. (4) Being under the influence of alcohol or intoxicating drugs while on duty. (5) Unauthorized absence without leave. (6) Criminal conviction having some relevance to the job. (7) Intentionally being discourteous to the public. (8) Unauthorized use of or neglect of city property. (9) Abuse of sick leave. (10) Unauthorized outside employment that constitutes a conflict of interest. (11) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (12) Falsification of any city report or record. (13) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, Fire Chief or his/her designee, or supervisor. (14) Political activities precluded by State or Federal law. (15) Other acts that are incompatible with service to the public. (16) Failure to respond to questions or otherwise fail to participate during an investigation conducted by the city or its agents. 23.4 Firefighter Bill of Rights Procedures - The following appeals procedures apply to all represented employees and are adopted pursuant to Government Code Section 3254.5 of the California Firefighter Procedural Bill of Rights Act (FBOR) and shall apply to any administrative appeal of a punitive action. Prior to taking punitive action involving discipline, suspension without pay, reduction in pay, demotion or discharge, the employee shall be given notice of the action to be taken, the effective date for such action, the evidence or materials upon which the action is based, and notified of his/her right to be represented by an attorney or other representative at further proceedings. 23.5 Pre-Discipline Process - The employee will be given an opportunity to respond to the Fire Chief or designee either orally or in writing, provided the employee requests the opportunity within seven (7) calendar days of the notice of the intended action. For notices of discipline with recommended punitive action not involving discharge, demotion, reduction in pay or suspension the designee will typically be the Assistant Fire Chief. March 7, 2023 Item #3 Page 317 of 397 33 If the employee or his/herthe employee’s designated representative requests the right to respond to the proposed punitive action, imposition of proposed punitive action shall be deferred until after the response is received by the Fire Chief or designee. It is the Fire Chief’s or his/her designee’s responsibility to coordinate the scheduling of the conference within fourteen (14) consecutive days of the employee’s request. The Fire Chief or designee shall be responsible for receiving the employee’s and/or his/herthe employee’s representative’s response to the proposed discipline. The conference shall be conducted informally and shall be limited to the presentation of information by and through the employee and/or his/herthe employee’s representative in response to the charges and allegations set forth in the notice of proposed discipline. In the event the employee is unable to respond to the charges within the time permitted and demonstrates the reasonableness of a need for a continuance, the presiding officer may grant a continuance of up to an additional five (5) calendar days. The time limits described herein are essential and may only be modified or enlarged by mutual consent of both the employee and the Fire Chief or his/her designee. The above process will occur prior to the imposition of the discipline. 23.6 Notice of Discipline - After conclusion of the pre-disciplinary conference and within 30 days of the department’s final decision, but not less than forty-eight (48) hours prior to imposing discipline, the Fire Chief shall notify the employee in writing of the nature and extent of the discipline, if any, and the time of commencement thereof. The notice shall also contain a statement of charges which shall set forth the acts or omissions with which the employee is charged in order that the employee will be able to prepare his/hera defense. Also, the notice shall specify the city rules, regulations, policies and procedures which the employee is alleged to have violated. The notice of discipline shall also advise the employee of his/herthe right to request an appeal hearing by filing a Notice of Appeal as provided under section 23.7 below. The Notice of Appeal must be filed within 15 days after service upon the employee of the Notice of Discipline. Failure to request an appeal hearing within the 15 -day period, will constitute waiver of the employee’s right of appeal. The Notice of Discipline shall be served personally on the employee with a proof of service noticed and retained by the department. 23.7 Right to Appeal - An employee has the right to appeal punitive action according to the appeal procedure as set out below. Written notice of discipline shall inform and remind the disciplined employee of this right. A probationary employee (entry level or promotional) rejected during the probationary period shall not be entitled to appeal such rejection via the appeals process. 23.8 Appeal of Punitive Action Not Involving Discharge, Demotion, Reduction in Pay or Suspension March 7, 2023 Item #3 Page 318 of 397 34 The City city shall follow the Firefighter Procedural Bill of Rights except where hereinafter noted. The CFA waives the formal appeal of punitive action not involving discharge, demotion, reduction in pay or suspension (e.g. written reprimands) and agrees to the following procedures in which the Fire Chief, or his/her designee, shall issue a binding decision for such discipline. A. Notice of Appeal - Within seven (7) calendar days of receipt of the notice of discipline, a regular employee shall notify the Fire Chief in writing of the employee’s intent to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. B. Presiding Officer - In an informal hearing, the Fire Chief or his/her designee shall be the presiding officer. If the Fire Chief or designee cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the City Manager or his/her designee shall serve as the Presiding Officer. In such cases, the determination of the City Manager shall be final and binding. C. Burden of Proof- The city shall bear the burden of proof at the informal hearing. Based upon a preponderance of the evidence, the Department shall show that the action taken against the employee was reasonable according to the FBOR. D. Conduct of Hearing 1. The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. 2. The parties may present opening statements. 3. The parties may present evidence through documents and testimony. Any witnesses shall testify under oath. 4. Unless the punitive action involves a loss of compensation, the parties shall not be entitled to confront and cross-examine witnesses. 5. Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the Presiding Officer. E. Recording of the Hearing- All hearings may be recorded. If the punitive action involves the loss of compensation, then the hearing shall be electronically recorded with both parties receiving a copy of the record. F. Representation- The firefighter employee may be represented by an association representative or attorney of his or herthe employee’s choice at all stages of the March 7, 2023 Item #3 Page 319 of 397 35 proceedings. All costs associated with such representation shall be borne by the firefighter. G. Decision- The written decision shall be served in person to the firefighter when practical. The firefighter shall acknowledge receipt in writing and shall be informed that the time within which judicial review must be sought is governed by Code of Civil Procedure §1094.6. In the event the decision cannot be delivered in person, the decision will be delivered to the employee and his/herthe employee’s attorney or representative by first class mail, postage prepaid, accompanied by an affidavit or certificate of mailing, and shall advise the firefighter that the time within which judicial review of the decision may be sought. 23.9 Appeal Procedure for any Punitive Action Involving Discharge, Demotion, Reduction of Pay or Suspension A formal appeal procedure shall be available for a disciplinary action involving discharge, demotion, reduction in pay or suspension of more than five days. The administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. The city will bear all administrative costs associated with a formal appeal of discipline and the subsequent hearing: including the presiding officer, court reporter and transcription costs, if any. The employee or employee organization will be responsible for the cost of his or herthe employee’s own representation or attorney fees and preparation documents. A. Notice of Discipline as Accusation- The final notice of discipline which may be issued at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. 1. If, after investigation and any pre-disciplinary response or procedure, the fire department or city decides to impose discipline, the department or the city shall notify the firefighter in writing of its decision to impose discipline within thirty (30) days of its decision, but not less than 48 hours prior to imposing the discipline. 2. The notice shall be prepared and served within the timeframes specified in Government Code Section 3254(d) and in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline. B. Burden of Proof - The burdens of proof and production of evidence shall be borne by the city. The standard of proof shall be by a preponderance of the evidence. March 7, 2023 Item #3 Page 320 of 397 36 C. Evidence - Rules of evidence shall comply with Chapter 5, Section 11513 of the Government Code. D. The appeal proceedings shall be reported by a stenographic reporter. However, upon the consent of all the parties, the proceedings may be reported electronically. E. The formal appeal shall be presided over by an administrative law judge on staff of the State Office of Administrative Hearings, hereafter referred to as the “ALJ”. The ALJ shall preside at the appeal hearing, rule on the admission and exclusion of evidence and determine and rule on all matters of law both procedural and substantive. In conducting the appeal hearing the ALJ shall follow the provisions set forth above. F. Within thirty (30) days after the case is submitted to him or her, the ALJ shall prepare a proposed written decision to be submitted to the City Manager. Within 100 days of receipt by the City Manager of the ALJ’s proposed decision, the City Manager may take any of the following actions: (a) Adopt the proposed decision in its entirety. (b) Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision. (c) Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the City Manager under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision. (d) Reject the proposed decision and refer the case to the same ALJ if reasonably available, otherwise to another ALJ, to take additional evidence. If the case is referred to the ALJ pursuant to this subparagraph, he or shethe ALJ shall prepare a revised proposed decision based on the additional evidence and the transcript and other papers that are part of the record of the prior appeal hearing. A copy of the revised proposed decision shall be furnished decision shall be served to each party and his or hereach party’s attorney. (e) Reject the proposed decision, and decide the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence. By stipulation of the parties the City Manager may decide the case upon the record without including the transcript. (f) The City Manager’s decision will be reduced to writing and shall be final and binding on the parties. The City Manager’s written decision shall be served on the parties in accordance with Code of Civil Procedure section 1094.6 Government Code 11518 and the decision shall be subject to judicial review pursuant to Code of Civil Procedure section 1094.5/Government Code. March 7, 2023 Item #3 Page 321 of 397 37 ARTICLE 24. GRIEVANCE PROCEDURE 24.1 A grievance is an allegation made by an employee that the employee has been damaged or denied a benefit by the city due to misapplication or a mistaken interpretation of a specific provision of this Agreement, the city’s Personnel Rules or, effective no later than January 1, 2009, any existing Fire Department Directive which falls within the subject matter contained in the scope of bargaining set forth in the Meyers, Milias Brown Act. 24.2 Reviewable and Non-Reviewable Grievances 24.2.1 To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other matters contained in this Agreement over which the Fire Chief or his/her designee has control. (c) Arise out of a specific situation, act, or acts which result in damage to the employee. (d) Arise out of a misinterpretation or misapplication of this Agreement. 24.2.2 A grievance is not reviewable under this procedure: (a) If it is a matter which would require a modification of a policy established by City Council or by law; (b) Is reviewable under some other administrative procedure and/or rules of the City of Carlsbad (See, e.g., Article 24 Discipline), such as: (1) Applications for changes in title, job classification, or salary. (2) Appeals from formal disciplinary proceeding. (3) Appeals from work performance evaluations. 24.3 Special Grievance Procedure Provisions: The following special provisions apply to the grievance procedure. March 7, 2023 Item #3 Page 322 of 397 38 24.3.1 Procedure for Presentation: In presenting a grievance, an employee shall follow the sequence and the procedure outlined in Section 25.4 of this procedure. 24.3.2 Prompt Presentation: The employee shall discuss the grievance with an immediate supervisor promptly after (i.e., when grievant knew or should have known) the act or omission of management caused the grievance. 24.3.3 Prescribed Form: The written grievance shall be submitted on a form prescribed by the Human Resources Director for this purpose. 24.3.4 Statement of Grievance: The grievance shall contain a statement of: (a) The specific facts or actions, including dates, which constitute the basis for the grievance. (b) The article that was misapplied or misinterpreted. (c) The damage suffered by the employee. (d) The relief sought. 24.3.5 Employee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any one time, unless he/shethe person so desires. 24.3.6 Interested Parties: Interested parties may provide information during the hearing of the grievance at any step of the grievance procedure. 24.3.7 Handled During Working Hours: Whenever possible, grievances will be handled during regularly scheduled working hours. 24.3.8 Extension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. 24.3.9 Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances may be handled as a single grievance. 24.3.10 Settlement: Any grievance shall be considered settled at the completion of any step if the grievant is satisfied or if the grievant does not appeal the matter to a higher authority within the prescribed time. March 7, 2023 Item #3 Page 323 of 397 39 24.3.11 Reprisal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Human Resources Department. 24.4 Grievance Procedure Steps: The following procedure shall be followed by an employee submitting a grievance for consideration and action. 24.4.1 Discussion With Supervisor: The employee shall discuss the grievance with the employee’s immediate supervisor informally. Within seven (7) calendar days, the supervisor shall give a decision to the employee verbally. 24.4.2 Step 1: If the employee and the supervisor cannot reach an agreement to resolve the grievance, the employee may within seven (7) calendar days present the grievance in writing to the supervisor. The supervisor shall memorialize the prior verbal decision on the grievance and present the grievance to the next-level supervisor within seven (7) calendar days. The next-level supervisor shall hear the grievance and shall give a written decision to the employee within seven (7) calendar days after receiving the grievance. This portion of this step shall be repeated as necessary until the next-level supervisor is the Assistant Fire Chief. 24.4.3 Step 2: If the employee and the next-level supervisor cannot reach an agreement to resolve the grievance, the employee may within seven (7) calendar days present the grievance in writing to the Fire Chief. The Fire Chief shall hear the grievance and shall give the written decision to the employee within seven (7) calendar days after receiving the grievance. 24.4.4 Step 3: If the employee and Fire Chief cannot reach an agreement as to the solution of the grievance, the employee may file a written request with the Human Resources Director, within seven (7) calendar days, to have the grievance heard by a Hearing Officer selected via the process described in Section 25.4.7. The grievance shall also be presented to the Assistant City Manager who may conduct a meeting with the grievant and/or CFA representative to identify and clarify disputed issues and attempt to resolve the grievance prior to presentation of the grievance to the Hearing Officer. March 7, 2023 Item #3 Page 324 of 397 40 24.4.5 Step 4: If the matter is not otherwise resolved, the Hearing Officer shall, within thirty (30) calendar days after receipt of the grievance, hear the grievance and render an advisory opinion to the City Manager. The City Manager shall, within fourteen (14) calendar days after receipt of the advisory opinion, notify the employee of the final action. 24.4.6 Any of the above steps may be waived by mutual agreement of the parties. 24.4.7 The employee or employee organization and the city agree that the advisory hearing will be conducted before a hearing officer selected by the parties from a list provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a strikeout procedure using a list of seven names provided by the California State Mediation and Conciliation Service. The appellant will have the prerogative of striking the first name. All administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription cost, if any, will be shared equally between the city and the Carlsbad Firefighters’ Association. In the case that the Carlsbad Firefighters’ Association does not support the grievance continuing to the advisory hearing by a hearing officer, all administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription cost, if any, will be shared equally between the city and the employee. The employee or employee organization will be responsible for the cost of his or herthe employee’s own representation or attorney fees and preparation of documents. ARTICLE 25. ALCOHOL AND DRUG POLICY I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: March 7, 2023 Item #3 Page 325 of 397 41 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. “Workplace” means any site where city-assigned work is performed, including city premises, city vehicles or other premises or vehicles, while city-assigned work is being conducted, or within a reasonable time thereafter. 3. “Reasonable suspicion” means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. B. Employee Responsibilities 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on-call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel; c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy. 2. Employees must notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), 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 March 7, 2023 Item #3 Page 326 of 397 42 and including termination if there is relevant nexus between such off-duty involvement and the employee’s employment with the city, consistent with the legal requirements for disciplinary due process. C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the city reserves the right to search, with notice to the employee or if no prior notice, in the employee’s presence, all work areas and property in which the city maintains full or joint control with the employee, including but not limited to city vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas under full or joint city control since such work areas may be subject to investigation and/or search under this policy. Employees shall have no expectation of privacy in these areas, locations or properties. Employer searches shall occur when there is a determination of “reasonable suspicion” as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. If the FBOR (Government code section 3259) is applicable to a particular search, then the city will comply with the Act notwithstanding anything to the contrary in this article. For example, the city may conduct searches without notice to the employee or without the employee being present, if a valid search warrant has been obtained. The employee may also consent to a search. Nothing herein shall prevent the city from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. D. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed or allowed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. E. Federal Motor Carrier Safety Improvement Act of 1999 and DOT regulations March 7, 2023 Item #3 Page 327 of 397 43 The parties acknowledge that the Federal Motor Carrier Safety Improvement Act of 1999 (see Attachment B) and the California Vehicle Code apply to unit members. The parties shall comply with the regulations developed by the Department of Transportation to enforce the Act. 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 "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either drugs or alcohol will be rejected for city employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the city has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be: a. Prevented from engaging in other work; and b. Required to submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. c. An employee may also be required to remain on the premises for a reasonable time until arrangements can be made to transport the employee to his or her home. 2. Some examples of “reasonable suspicion” as defined in Section I.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. slurred speech. b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; March 7, 2023 Item #3 Page 328 of 397 44 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 herthe employee’s job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. 7. Employee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed necessary by the city. III. EMPLOYEE ASSISTANCE PROGRAM A. The city has a well-established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the city wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral contacts are held in confidence by the EAP. March 7, 2023 Item #3 Page 329 of 397 45 C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any city policy. ARTICLE 26. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum of Understanding: A. A. City’s principal authorized agent shall be the City Manager or a duly authorized representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (760) 434(442) 339-2820, except where a particular city representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 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. B. CFA, Inc., principal authorized agent shall be its President or duly authorized representative. Address: P.O. Box 945, Carlsbad, California 92018-0945; Telephone: (760) 729-3730; Email: iafflocal3730@aol.com. ARTICLE 27. FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is the intent of the parties that this Memorandum set forth the full and entire understanding of matters agreed to upon conclusion of meet and confer sessions which resulted in this Memorandum. Any other matters not contained herein, which were addressed during the course of the meet and confer process, resulting from this Memorandum, are superseded and terminated in their entirety. Any understanding or agreement, not contained herein, whether formal or informal, which occurred during the course of meet and confer sessions, resulting in this Memorandum, are terminated or superseded in their entirety. B. It is the intent of the parties that this Memorandum be administered in its entirety in good faith during its full term. It is recognized that if during such term it may be necessary for the city to propose changes in matters within the scope of representation not contained in this agreement, the city shall notify CFA, Inc., indicating the proposed change prior to its implementation. If CFA, Inc., wishes to consult or negotiate with the city regarding the matter, CFA, Inc., shall notify the city within five (5) working days from the receipt of such notice. Upon receipt of such notice, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problem arising as a result of the change instituted by the city. March 7, 2023 Item #3 Page 330 of 397 46 Where the city makes such changes because of the requirements of the law, the city shall not be required to negotiate the matter of compliance with any such law. Nothing herein shall limit the authority of the city to make such changes required during emergencies. However, the city shall notify CFA, Inc. of such changes as soon as practicable. Such emergency changes shall not extend beyond the period of emergency. “Emergency” shall be defined as an unforeseen circumstance requiring immediate implementation of the change. C. Failure by CFA, Inc. to request consultation or negotiations pursuant to Paragraph B shall be deemed as approval of any action taken by the city. D. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. E. The waiver of any breach, term, or condition of this Memorandum by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 28. PROVISIONS OF LAW It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws and federal and state regulations. If any part or provision of the Memorandum is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum shall not be affected thereby. ARTICLE 29. PARAMEDIC LICENSE PAY Effective January 1, 2020, Fire Captains and Fire Engineers who retain their paramedic license and San Diego County accreditation will receive $110.77 per pay period for paramedic license pay. Effective upon the first day of the first pay period following City Council approval of this MOU, the biweekly pay shall change from $110.77 to the equivalent of 2.5% of the top step Paramedic Firefighter biweekly base salary per pay period. ARTICLE 30. REPORTING VALUE OF UNIFORMS TO CALPERS Effective May 31, 2010, all CFA-represented employees who are required to wear city-provided uniforms will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation related to the monetary value of the required uniforms, excluding boots. Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members. ARTICLE 31. ACTING PAY March 7, 2023 Item #3 Page 331 of 397 47 Whenever the needs of the city require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed for a period of four (4) hours or more, the employee shall receive five percent 5% additional pay while in the acting capacity. Only employees who are on an Eligibility List (maintained by the Human Resources Dept) for the higher classification are eligible to serve in an acting capacity. Appendix A describes the requirements for an employee to be eligible to serve in an acting capacity in 2020. Appendix B A describes the requirements for an employee to be eligible to serve in an acting capacity as of January 1, 20212023. An employee may not serve in an acting capacity for more than six (6) months without prior approval from the Fire Chief or his/her designee. ARTICLE 32. DEFERRED COMPENSATION The city shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The city reserves the right to accept or reject any particular plan (current providers are ICMA and Nationwide) and to impose specific conditions upon the use of any plan. Such plan shall be implemented according to the plan document and without cost to the city. Effective the pay period that includes January 1, 2020 2023 and only until the final pay period in calendar year 20222025, for Safety Tier 3 employees only, the City city shall contribute a dollar amount into a deferred compensation plan on behalf of employees. The biweekly employer contribution will be determined by the following formula: 1. Calculate the difference between the employee contribution rate for Safety Tier 3 employees and the employee contribution rate for Safety Tier 1 & 2 employees. 2. Multiply the result by the employee’s biweekly base salary. ARTICLE 33. LEAVE OF ABSENCE 33.1 Occupational Injuries or Illnesses 33.1.1 Employees in the classifications of Senior Fire Inspector/Investigator, Assistant Fire Marshal, Firefighter, Paramedic Firefighter, Fire Engineer, Fire Captain, Paramedic Lifeguard Lieutenant and Captain Specialist who are temporarily unable to work due to an occupational illness or injury will receive full pay for up to one year as provided in Section 4850 of the Labor Code (“4850 benefits”). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off. All other classifications that sustain a work related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a March 7, 2023 Item #3 Page 332 of 397 -I 48 period of up to forty-five (45) calendar days for any single incident. The periods of temporary disability need not be continuous. Any aggravation of a pre-existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the employee will not be entitled to any occupational sick leave benefit which exceeds the original maximum of forty-five (45) calendar days. The city reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures and standards (including predesignated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers’ compensation matters and/or FMLA/CFRA matters. If the employee continues to be unable to work after the above described benefits have been exhausted and the employee has not been retired, the employee will receive workers’ compensation temporary disability payments as provided in the Labor Code. To the extent these benefits are less than the employee’s full regular pay, the employee shall supplement them by using accrued sick leave , vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence (i.e., the employee would not receive a city paycheck). A sworn employee may not use accrued sick leave after the city approves the employee’s Industrial Disability Retirement (IDR). The employee who is approved for an IDR may choose to cash out up to 50% of their sick leave balance upon separation of employment. The remaining sick leave balance shall be converted to CalPERS service credit. 33.2 Non-Occupational Injuries or Illnesses An employee who is temporarily unable to work due to a non-occupational illness or injury will receive those disability benefit payments for which the employee is eligible and applies. To the extent that these benefits are less than the employee’s full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 33.3 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. To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the California Family Rights ActCFRA or the federal Family and Medical Leave ActFMLA. March 7, 2023 Item #3 Page 333 of 397 49 33.4. Leave of Absence Without Pay A. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of the Fire Chief or his/her designee for less than two calendar weeks. If the duration of the leave of absence will be longer, the approval of the City Manager or his/her designee is required. An employee shall utilize all his/herthe employee’s vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons: 1. Illness or disability. 2. To take a course of study which will increase the employee’s usefulness on return to his/herthe employee’s position in the city service. 3. For personal reasons acceptable to the Fire Chief or his/her designee and City Manager. 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 the Fire Chief or his/her designee, and, if applicable, shall be promptly transmitted to the City Manager or his/her designee for approval. A copy of any approved request for leave of absence without pay with a duration equal to or greater than two calendar weeks shall be delivered promptly to the Directors of Finance and Human Resources. 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 March 7, 2023 Item #3 Page 334 of 397 50 When an employee intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, he/shethe employee shall contact his/herthe employee’s Department Head at least fourteen (14) calendar days prior to the day he/shethe employee plans to return. The Department Head shall promptly notify the Human Resources Department of the employee’s intention. The employee shall return at a rate of pay not less than the rate at the time the leave of absence began. E. Leave Without Pay - Insurance Payments and Privileges An employee on leave without pay may continue his/her city insurance benefits by reimbursing the city for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was received. Upon the employee’s return to paid status, any sums due to the city shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the city and the employee (e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees. 33.5. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued sick leave, vacation, compensatory time and leave without pay to take a leave for a reasonable period of time, not to exceed four months. “Reasonable period of time” means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee shall utilize all accrued leave, except compensatory time offsick 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. March 7, 2023 Item #3 Page 335 of 397 ---- 51 Employees disabled by pregnancy may be eligible to return to work on a light duty assignment per the Department Directive regarding a non-occupational illness/injury. 33.6. Extended Leave of Absence Upon completion of either 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) or completion of a leave of absence related to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed below: 1. accrual of sick leave and vacation, and 2. holiday pay. and 3. cell phone allowance. On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s salary anniversary date, vacation anniversary date and seniority will be adjusted for each calendar day the leave of absence lasted beyond either 84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer. During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence. Exception for a Probationary Newly Hired Employee When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends beyond 14 consecutive calendar days the probationary period and salary anniversary date shall be extended for each calendar day the employee was on a leave of absence. Other than this exception, all other provisions in this Extended Leave of Absence section apply to a probationary newly hired employee. 33.7. Deployment Recovery Leave Effective upon the first day of the first full pay period following City Council approval of this MOU, employees returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to 24 hours to cover the balance of their remaining shift if returning on a regularly scheduled workday. If returning from an incident deployment spanning 240 hours or greater on a regularly scheduled day off, employees shall be granted deployment recovery leave of up to 24 hours to cover the duration of their next regularly scheduled shift so long as that regularly scheduled shift is scheduled to begin within 24 hours of return from the incident. March 7, 2023 Item #3 Page 336 of 397 52 Employees returning from incident deployments spanning 240 hours or greater will not be allowed to work overtime or a trade or be eligible to be force hired unless they have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or a regularly scheduled day off. In the event the department is experiencing a staffing shortage, the Fire Chief or the Fire Chief’s designee may adjust deployment recovery leave as needed until the local staffing shortage is resolved. Issuance or non-issuance of deployment recovery leave is non-grievable. ARTICLE 34. MILITARY LEAVE Military leave shall be authorized in accordance with the applicable provisions of State and Federal law. The employee must furnish satisfactory proof to the Fire Chief or his/her designee, as far in advance as possible, that he/shethe employee must report to military duty. ARTICLE 35. JURY DUTY When called to jury duty, an employee, having provided at least five working days written notice from the date of the summons, shall be entitled to his/herthe employee’s regular compensation. Employees shall be entitled to keep mileagecity-paid reimbursement for mileage, transit pass or any applicable parking fees paid while on jury duty. The Fire Chief or his/her designee may, at his/her sole discretion, contact the court and request an exemption and/or postponement of jury service on behalf of an employee. If the employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the work day. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the work day remains in light of travel time to the job site after release. ARTICLE 36. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) INSURANCE AND VOLUNTARY BENEFITS All CFA-represented employees shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $15,000 multiple, unless the amount equals a $15,000 multiple. Effective January 1, 2020, all CFA-represented employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $15,000 multiple, unless the amount equals a $15,000 multiple. March 7, 2023 Item #3 Page 337 of 397 53 Effective January 1, 2023, all CFA-represented employees shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000. 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 760-602442-339-2440. ARTICLE 37. PROBATIONARY PERIOD 37.1 The initial hire probationary period shall be one year from the date the employee is hired. The probationary period will permit both the supervisor and the employee to become acquainted and to determine the adaptability and the fitness of the employee to the assigned work. The employee will find this period helpful in evaluation of the city, his/herthe employee’s duties, his/her work and other work satisfaction. 37.2 All personnel promoted within the Department shall be on probation in the promotional position for a period of one year from the date of promotion. Failure to pass probation shall result in employee being put back to their prior position. 37.3 See Article 33 for the impact of a leave of absence on the probationary period. ARTICLE 38. POST-RETIREMENT HEALTHCARE TRUST The city and CFA, Inc. agree that CFA, Inc. will contract directly with a company of its choosing to provide post-retirement healthcare trust benefits for all represented employees. All CFA represented employees will contribute into the post-retirement healthcare trust established by CFA, Inc. via payroll deductions. CFA, Inc., acknowledges that the city has no administrative responsibilities or liabilities related to this benefit, other than processing of payroll deductions. CFA, Inc. shall hold the city harmless for the city's actions related to this Article and indemnify the city against any liability the city incurs as a result of this Article, including but not limited to, its agreement to allow CFA, Inc., to participate in a post-retirement healthcare trust and/or the city's processing of payroll deductions as set forth in this section. Effective the first pay period of calendar year 2020, the city will contribute $100 per month per employee to the Post-Retirement Healthcare Trust. All CFA represented employees will contribute $100 per month to the Post-Retirement Healthcare Trust until the pay period following ratification of a side letter agreement to amend this section of the MOU at which time the employee will contribute $150 per month. Effective the first pay period of calendar year 2021, the city will contribute $125 per month per employee to the Post-Retirement Healthcare Trust and all CFA represented employees will contribute $200 per month to the Post-Retirement Healthcare Trust. March 7, 2023 Item #3 Page 338 of 397 -I 54 Effective the first pay period of calendar year 2022, the city will contribute $150 per month per employee to the Post-Retirement Healthcare Trust and all CFA represented employees will contribute $250 per month to the Post-Retirement Healthcare Trust. Effective the first pay period of calendar year 2024, the city will contribute $200 per month per employee to the Post-Retirement Healthcare Trust and all CFA represented employees will contribute $200 per month to the Post-Retirement Healthcare Trust. The city and CFA, Inc. agree that CFA, Inc. will contract directly with a company of its choosing to provide post-retirement healthcare trust benefits for all represented employees. All CFA represented employees will contribute $100 per month into the post-retirement healthcare trust established by CFA, Inc. via payroll deductions. CFA, Inc., acknowledges that the city has no administrative responsibilities or liabilities related to this benefit, other than processing of payroll deductions. CFA, Inc. shall hold the city harmless for the city's actions related to this Article and indemnify the city against any liability the city incurs as a result of this Article, including but not limited to, its agreement to allow CFA, Inc., to participate in a post-retirement healthcare trust and/or the city's processing of payroll deductions as set forth in this section. Effective the first pay period of calendar year 2020, the city will contribute $100 per month per employee to the Post Retirement Healthcare Trust. Effective the first pay period of calendar year 2021, the city will contribute $125 per month per employee to the Post Retirement Healthcare Trust. Effective the first pay period of calendar year 2022, the city will contribute $150 per month per employee to the Post Retirement Healthcare Trust. ARTICLE 39. OUTSOURCING The city and CFA agree that the city may contract with public and private entities or individuals to perform any or all plan check activities except the final step in the plan checking process. CFA agrees that the city may contract out these services without meeting and conferring with CFA over the decision to contract these services or the effects of that decision. ARTICLE 40. SURVEY MARKET e In keeping with the City Council’s philosophy of surveying the total compensation of other agencies, the agencies listed below will be considered in the survey market for CFA, Inc. 1. City of Encinitas 2. City of Escondido 3. City of Huntington Beach 4. City of Oceanside 5. City of Poway 6. City of San Marcos March 7, 2023 Item #3 Page 339 of 397 55 7. City of Solana Beach 8. City of Vista 9. North County Fire District 10. Rancho Santa Fe Fire District ARTICLE 41. EDUCATION INCENTIVE This article shall not be subject to the grievance procedure. 41.1 Level 1: Applicable to all employees represented by CFA, Inc.,. (a) Requirement: Present proof to the Fire Chief or his/her designee of the following: Evidence of the award of each of the following certificates issued by the California State Board of Fire Services: 1. Fire Fighter I, 2. Fire Fighter II, 3. Driver Operator 1A, 4. Driver Operator 1B, and 5. Instructor 1 6. or State Fire Marshal certificate of course completion for Fire Inspector 1A, 1B, 1C and 1D Proof of certification from a California State Fire Marshal course that is deemed equivalent to one of the courses listed above by the Fire Chief or his/her designee shall also meet the requirement. or An Associate degree (b) Compensation: Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Fire Chief or his/her designee. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. March 7, 2023 Item #3 Page 340 of 397 56 Effective the first pay period in calendar year 2020, the biweekly compensation shall be equal to 2.8% of the top step Paramedic Firefighter biweekly base salary on January 1, 2020. Effective the first pay period in calendar year 2021, the biweekly compensation shall be equal to 3.4% of the top step Paramedic Firefighter biweekly base salary on January 1, 2021. Effective the first pay period in calendar year 20222023, the biweekly compensation shall be equal to 4.0% 4.5% of the top step Paramedic Firefighter biweekly base salary on January 1, 2022. 41.2 Level 2: Applicable to all employees represented by CFA, Inc.,. (a) Requirement: Present proof to the Fire Chief or his/her designee of the following: Evidence of the award of the Fire Officer taskbook issued by the California State Board of Fire Services. Or State Fire Marshal certificates of course completion for Fire Inspector 2A, 2B, 2C and 2D. or A Baccalaureate degree (b) Compensation: Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Fire Chief or his/her designee. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. Effective the first pay period in calendar year 2020, the biweekly compensation shall be equal to 4.5% of the top step Paramedic Firefighter biweekly base salary on January 1, 2020. Effective the first pay period in calendar year 2021, the biweekly compensation shall be equal to 5.5% of the top step Paramedic Firefighter biweekly base salary on January 1, 2021. Effective the first pay period in calendar year 20222023, the biweekly compensation shall be equal to 6.4%6.9% of the top step Paramedic Firefighter biweekly base salary on January 1, 2022. March 7, 2023 Item #3 Page 341 of 397 57 41.3 An employee that meets the criteria for compensation under more than one level, above, shall receive compensation for only the highest such level for which he or shethe employee qualifies. 41.4 Eligibility for education incentive is determined based on the requirements issued by the California State Fire Marshal in place at the time the employee presents his/her evidence of eligibility. ARTICLE 42. WELLNESS The Ccity shall contract with a wellness program provider to provide a wellness program to all CFA employees. Participation in educational components is mandatory. Employees are strongly encouraged to participate in the comprehensive fitness assessment and in the blood chemistry evaluation; however, employees may choose not to participate in either of these two components. All information and results from this general fitness evaluation are confidential in accordance with HIPAA regulations, non-punitive and will be given only to the employee. ARTICLE 43. PAID FAMILY LEAVE Effective January 1, 2020, per Administrative Order No. 84, all CFA-represented employees 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. ARTICLE 44. ASSOCIATION TIME BANK An association time bank will be established to provide leave allowance which can be used by eligible association members to attend conferences, meetings, or other events as approved by the association board. Each year, in December, association members may designate an irrevocable donation of either 4 four or eight 8 hours of the vacation they will accrue the following calendar year, to be converted in February to a dollar value using the employee’s base salary rate that excludes additional pays. An association member will be taxed on the value of the hours at the time of the conversion. The total dollar value of the donated vacation hours will be held by the Ccity and used solely for leave allowance for eligible association members. With prior approval from the Fire Chief or his/her designee and in compliance with the Carlsbad Fire Department Directive #8.2: Vacation, an employee may use the association time bank for leave allowance (a dollar amount in the association leave bank will be converted to hours of leave using the employee’s base salary rate that excludes additional pays). The allowance used for this purpose is not reportable to CalPERS, is not treated as taxable income based on State and Federal law and may not be considered as income available for contributions to a 457 plan. The association time bank will be used on a first come, first serve basis. To the extent the dollar value of the association time bank is less than the amount required for an employee’s leave, the March 7, 2023 Item #3 Page 342 of 397 --- 58 employee may supplement by using accrued vacation and/or compensatory time to reach the amount equal to the employee’s full regular base pay. Annually, the association board may determine a maximum number of hours to be donated in the following calendar year to the association time bank. March 7, 2023 Item #3 Page 343 of 397 59 Appendix A Requirements to be “Certified”, Serve in an “Acting” Capacity and Apply for a Promotion Effective July 1, 2017 thru December 31, 2020 REQUIREMENTS TO BE “CERTIFIED” TASKBOOK COMPLETION (Taskbooks are described in the City of Carlsbad Fire Department Directives) REQUIREMENTS TO SERVE IN AN “ACTING” CAPACITY REQUIREMENTS TO APPLY FOR A PROMOTION AND TAKE THE PROMOTIONAL TEST I. FIRE ENGINEER To be a Certified Fire Engineer, an employee must a. have two (2) years of service in the City of Carlsbad Fire Department and b. have completed all State Fire Marshal courses required to obtain a 2016 Driver/Operator certification (or the equivalent certification as defined by the State Fire Marshal). An employee may start working on the City of Carlsbad Fire Engineer Taskbook at any time and may complete it either before or after taking the promotional test. (Note: some of the items in the taskbook require a 2016 Driver/Operator certificate or the equivalent certification as defined by the State Fire Marshal.) 1. To be eligible to serve in a Fire Engineer acting capacity, an employee must be on a current City of Carlsbad Fire Engineer eligibility list (maintained by the Human Resources Department). 2. However, if there are fewer than three (3) employees on the eligibility list, or, at the discretion of the Fire Chief or his/her designee, an employee may be placed in an acting Fire Engineer capacity if a. he/she is a Certified Fire Engineer and b. he/she has completed the City of Carlsbad Fire Engineer Taskbook. In order to qualify for participation in the promotional process for the position of Fire Engineer, an employee must be a Certified Fire Engineer. March 7, 2023 Item #3 Page 344 of 397 60 REQUIREMENTS TO BE “CERTIFIED” TASKBOOK COMPLETION (Taskbooks are described in the City of Carlsbad Fire Department Directives) REQUIREMENTS TO SERVE IN AN “ACTING” CAPACITY REQUIREMENTS TO APPLY FOR A PROMOTION AND TAKE THE PROMOTIONAL TEST II. FIRE CAPTAIN To be a Certified Fire Captain, an employee must a. have three (3) years of service in the City of Carlsbad Fire Department and b. have completed all State Fire Marshal courses required to obtain a 2016 Company Officer certification (or the equivalent certification as defined by the State Fire Marshal) and c. be a Certified Fire Engineer and d. have completed the City of Carlsbad Fire Engineer Taskbook. (Note: this step (d) is not required if an employee was a Carlsbad Fire Engineer prior to 7/1/17.) An employee may start working on the City of Carlsbad Fire Captain Taskbook at any time and may complete it either before or after taking the promotional test. (Note: some of the items in the taskbook may require certificates and/or have prerequisite requirements.) 1. To be eligible to serve in a Fire Captain acting capacity, an employee must be on a current City of Carlsbad Fire Captain eligibility list (maintained by the Human Resources Department). 2. However, if there are fewer than three (3) employees on the eligibility list, or, at the discretion of the Fire Chief or his/her designee, an employee may be placed in an acting Fire Captain capacity if a. he/she is a Certified Fire Captain and b. he/she has completed the City of Carlsbad Fire Captain Taskbook. In order to qualify for participation in the promotional process for the position of Fire Captain, an employee must be a Certified Fire Captain. March 7, 2023 Item #3 Page 345 of 397 61 Appendix BA Requirements to Apply for a Promotion and Serve in an “Acting” Capacity Effective January 1, 20212023 I. Fire Engineer In order to qualify for participation in the promotional process for the position of Fire Engineer the employee must: 1. Have two (2) years of service in the City of Carlsbad Fire Department. 2. Have completed Driver Operator 1A and Driver Operator 1B (or the equivalent courses as defined by the Fire Chief or his/her designee). To be eligible to serve in a Fire Engineer acting capacity, and employee must be on a current City of Carlsbad Fire Engineer eligibility list (maintained by the Human Resources Department). II. Fire Captain In order to qualify for participation in the promotional process for the position of Fire Captain the employee must: 1. Have three (3) years of service in the City of Carlsbad Fire Department. 2. Have completed all State Fire Marshal courses required to obtain a Company Officer Task Book (or the equivalent courses as defined by the Fire Chief or his/her designee). 3. Have completed the course, Hazardous Materials IC (HAZ-MAT IC) 2.4.Have completed all courses required to be certified as an Engine Boss Trainee (T), per the Carlsbad Fire Department CICCS Certification Form (or the equivalent courses as defined by Appendix A of the CICCS Qualification Guide. 3.5.Have passed a Carlsbad Fire Department Engineer Exam To be eligible to serve in a Fire Captain acting capacity, and employee must be on a current City of Carlsbad Fire Captain eligibility list (maintained by the Human Resources Department). March 7, 2023 Item #3 Page 346 of 397 62 Appendix CB COMPENSATION AND BENEFITS SUMMARY – EMPLOYEES WORKING A REDUCED FTE SCHEDULE For employees in the Fire Prevention Bureau working a reduced FTE schedule (0.75 FTE), pro-rated pay and benefits are calculated based on 75% of the full time pay and benefits as outlined below. The standard 0.75 FTE work schedule is 30 hours per week. If, occasionally, the employee works more than 30 hours per week, the time worked should be reported appropriately to payroll. Working more than 30 hours per week should not be a continual or regular practice and may result in jeopardizing the reduced FTE schedule. COMPENSATION Employees will be compensated at an hourly rate derived from the current bi-weekly salary schedule (i.e., the amount published on the biweekly salary schedule divided by 80 to calculate the hourly rate). Salary will be calculated based on the number of actual hours worked and salary earned. Overtime Employees will be paid overtime after working in excess of 40 hours a week. Extra hours worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in accordance with the Fair Labor Standards Act (FLSA). ADDITIONAL PAY & CITY CONTRIBUTIONS TO EMPLOYEE ACCOUNTS Employees who are eligible for the following add-on pays will receive an amount that is prorated at 75%. • Bilingual Pay • Education Incentive Note: The city contribution to deferred compensation for Safety Tier 3 employees is calculated using the same percentage of actual base salary earnings that is used for full-time employees. The city contribution to a Post Retirement Healthcare Trust will be equal to the same amount contributed for a full-time employee. OTHER Health Insurance Employees are eligible to participate in the same health insurance program as full-time employees, may select one of the Ccity’s medical plans and will be enrolled with full benefit coverage. Reduced FTE employees will be eligible for benefits credits at a 75% prorated amount. For more information, refer to the city’s benefit rate sheets. Leave Accruals and Holiday Pay • SICK LEAVE AND VACATION: Accruals are prorated at 75%. March 7, 2023 Item #3 Page 347 of 397 63 • HOLIDAY PAY: Employees receive 6.0six hours of holiday pay per holiday. If a holiday falls on a day the employee is NOT normally scheduled to work, the employee will agree with his/herthe employee’s supervisor when to take off a regularly scheduled work shift in that same pay period as a holiday. An employee whose scheduled shift duration exceeds the 6.0six hours of holiday pay may get approval from their supervisor to work extra hours in the pay period in which a holiday falls to make up for the reduced number of hours paid for the holiday. In this case, it is NOT required to use leave balances to make up for the fewer hours paid on a holiday. However, on a non-holiday, if an employee leaves early or takes time off, accrued leave balances must be exhausted prior to taking leave without pay. CalPERS Retirement Per CalPERS law, retirement benefits are calculated based on reportable earnings and actual hours worked. Employee retirement contributions are calculated as a percent of reportable wages earned. Short Term/Long Term Disability and Life/AD&D Insurance These benefits are determined using an employee’s ¾ time regular annual base salary. Employees are enrolled in the city’s short and long-term disability insurance plans (3/4 -time employees are not eligible for enrollment in the CFA LTD plan). Dues A ¾-time employee does not pay CFA dues. March 7, 2023 Item #3 Page 348 of 397 64 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month, and year first above written. CITY OF CARLSBAD SCOTT CHADWICK, City Manager Date Approved as to form: CELIA BREWERCINDIE MCMAHON, City Attorney Date CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC. JOSHUA CLARKTODD HOLMES, President Date March 7, 2023 Item #3 Page 349 of 397 Exhibit 4 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. FMLAFamily and Medical Leave Acts ..............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 March 7, 2023 Item #3 Page 350 of 397 Management Compensation and Benefits Plan 2 Revised 1/17/20223/7/2023 SECTION 1: INTRODUCTION The Management Compensation and Benefits Plan contains three parts: 1) an introduction, 2) an overview of compensation and 3) a description of benefits for management employees. Definitions 1. Management Employees - Management employees are defined as those employees whose classifications are listed on the Management Salary Structure. Except as to those management employees subject to an applicable law, all management employees are considered “at-will” and have no property rights to their position. At will employment with the City city may be terminated at any time by either party, with or without cause, for any reason or no reason whatsoever, and with or without advance notice. At will employees do not have the right to appeal. 2. City Council Appointed Employees - The City Manager and City Attorney are hired by and responsible directly to the City Council. The salaries for these positions shall be set by the City Council. The City Manager and City Attorney will not be subject to the provisions of the Compensation program as outlined in Section 2 of this document. The schedule of management benefits (as outlined in Section 3 of this document) will apply to these positions, except as otherwise provided by the City Council. SECTION 2: COMPENSATION Pay Ranges Each management job classification is assigned to a specific pay range. An employee may be paid anywhere in the pay range associated with their job classification. Any employee may be advanced in the pay range regardless of the length of time served at the employee’s present pay rate. This advancement requires the written recommendation of the employee’s manager and the approval of the employee’s department head and City Manager (or City Attorney, for management employees in the City Attorney’s Office)1. If, as a result of a pay range adjustment, an employee’s base salary falls below the minimum of the pay range, the employee’s salary will be increased to the new range minimum as of the date City Council approves the pay range adjustment. Periodically the Human Resources Department will bring forth salary range movement recommendations to City Council that are based on market and economic conditions, and may include one or more salary ranges. _____________________________ 1 Hereafter, all references to the City Manager include, with regard to management employees in the City Attorney’s Office, the City Attorney. March 7, 2023 Item #3 Page 351 of 397 Management Compensation and Benefits Plan 3 Revised 1/17/20223/7/2023 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 March 7, 2023 Item #3 Page 352 of 397 Management Compensation and Benefits Plan 4 Revised 1/17/20223/7/2023 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 $15,000 multiple, unless the amount equals a $15,000 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 $15,000 multiple, unless the amount equals a $15,000 multiple. Effective January 1, 2023, all CCEA-represented employees shall receive city-paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000. The Citycity 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 442-339-2440760-602-2440. 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). March 7, 2023 Item #3 Page 353 of 397 Management Compensation and Benefits Plan 5 Revised 1/17/20223/7/2023 A. The City city has contracted with CalPERS for the following retirement benefits: Miscellaneous “Classic” Members (those that do not qualify as “New Members” as defined below) a) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 - The retirement formula shall be 3% @ 60; single highest year final compensation. b) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 - The retirement formula shall be 2% @ 60; three year average final compensation. 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/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 six 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 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 the required PEPRA member contribution rate as established by CalPERS one half of the normal cost rate associated with their benefit plan. March 7, 2023 Item #3 Page 354 of 397 Management Compensation and Benefits Plan 6 Revised 1/17/20223/7/2023 Leave of Absence Management employees are exempt from overtime requirements under the Fair Labor Standards Act. Management employees in the City city are paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29 CFR Section 541.5d, the City city can make deductions from salary or leave accounts for partial day absences for personal reasons or sickness because the City city has a policy and practice of requiring its employees to be accountable to the public that they have earned their salaries. A partial day absence is an absence of less than the employee's regular work day. Pursuant to FLSA regulation 29 CFR Section 541.118 (a)(2) and (a)(3), the City 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/herthe employee’s leave account to cover the absence, deductions without pay will be made on full days only. 1. Vacation a. Vacation Accrual Every management employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15 minute increments. All management employees (except Fire Battalion Chiefs, 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 of eleven (11) full calendar years of continuous service - 21 minutes/day. - Beginning the twelfth (12th) year of employment through the completion of twelve (12) full calendar years of continuous service - 22 minutes/day. - Beginning the thirteenth (13th) year of employment through the completion of thirteen (13) full calendar years of continuous service - 24 minutes/day. - Beginning the fourteenth (14th) year of employment through the completion of fifteen (15) full calendar years of continuous service - 25 minutes/day. - Beginning the sixteenth (16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter. March 7, 2023 Item #3 Page 355 of 397 Management Compensation and Benefits Plan 7 Revised 1/17/20223/7/2023 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. Effective March 20, 2023 the vacation accrual maximum will increase to 400 hours., and no No employee will be allowed to earn and accrue vacation hours in excess of the three hundred and twenty (320) hour maximum.* The City Manager shall be responsible for the granting of vacation to all management personnel, except in the case of the City Attorney’s Office, where the City Attorney shall be responsible for granting vacation. * If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/shethe employee must submit a request in writing to the Department Head and the City Manager or Designeedesignee. The Department Head and the City Manager or Designee designee may grant such a request if it is in the best interest of the Citycity. 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 384 496 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 256 336 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. March 7, 2023 Item #3 Page 356 of 397 Management Compensation and Benefits Plan 8 Revised 1/17/20223/7/2023 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. 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 will 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 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 March 7, 2023 Item #3 Page 357 of 397 Management Compensation and Benefits Plan 9 Revised 1/17/20223/7/2023 shall be converted to the employee’s individual account in the Post-Retirement Healthcare Trust and/or a Citycity-sponsored 457 Plan at the base rate of pay in effect at the time of separation from the Citycity. 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 maximum allowed per the law and those contributions are returned to the Citycity, the City 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 Citycity-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. All management employees, except for Fire Battalion Chiefs, accrue 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. March 7, 2023 Item #3 Page 358 of 397 Management Compensation and Benefits Plan 10 Revised 1/17/20223/7/2023 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 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. 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 employee or an employee’s family member (e.g., to recuperate from or receive treatment for personal injuries or illnesses, to care for an injured or ill family member or to attend medical, dental or optometry appointments). 2. If the employee 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), domestic violence services, or medical or mental health treatment. Employees shall be required to account for all hours they are requesting as sick leave via the city’s timekeeping/scheduling system. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the March 7, 2023 Item #3 Page 359 of 397 Management Compensation and Benefits Plan 11 Revised 1/17/20223/7/2023 federal Family and Medical Leave Act will be administered according to requirements of those laws. If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated. Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965. 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 bereavement leave if required to be absent from duty due to the death of a member of the employee’s immediate family. Effective Jan. 1, 2023, an additional two days may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. 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 To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the CFRA or FMLA. a. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of his/herthe employee’s 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/heraccrued 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. 2. To take a course of study which will increase the employee’s March 7, 2023 Item #3 Page 360 of 397 Management Compensation and Benefits Plan 12 Revised 1/17/20223/7/2023 usefulness on return to his/herthe employee’s position in the City 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 city for any benefit premiums paid by the City city during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by his/herthe employee’s 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/shethe employee shall contact his/herthe employee’s Department Head at least fourteen (14) calendar days prior to the day he/shethe employee 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/herthe employee’s City city insurance benefits by reimbursing the City city for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the City 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 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 city and the employee (e.g., computer loan). March 7, 2023 Item #3 Page 361 of 397 Management Compensation and Benefits Plan 13 Revised 1/17/20223/7/2023 Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees (e.g., holiday pay), unless required by law. 6. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued sick leave and vacation time and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except sick 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 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)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. 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/herthe employee’s Department Head, as far in advance as possible, that he/shethe employee must report to military duty. 9. Jury Duty When called to jury duty, an employee shall be entitled to his/herthe employee’s regular compensation. Employees released early from jury duty shall report to their supervisor for March 7, 2023 Item #3 Page 362 of 397 Management Compensation and Benefits Plan 14 Revised 1/17/20223/7/2023 assignment for the duration of the shift. Employees shall be entitled to keep mileage reimbursement paid while on jury duty. If an employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court. Employees shall be entitled to keep mileage reimbursement and/ or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees. A Department Head may, at his/her sole discretion, contact the court and request an exemption and/or postponement of jury service on behalf of an employee. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the work day. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the work day remains in light of travel time to the job site after release. 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 Citycity) 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. During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence. 11. Paid Family Leave Effective January 1, 2020, per Administrative Order No. 84, all management employees 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. Separation Compensation March 7, 2023 Item #3 Page 363 of 397 Management Compensation and Benefits Plan 15 Revised 1/17/20223/7/2023 All management employees involuntarily separated from the City 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 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 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. March 7, 2023 Item #3 Page 364 of 397 Management Compensation and Benefits Plan 16 Revised 1/17/20223/7/2023 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 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 California 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 an employee must select one medical plan from the variety of medical plans offered through CalPERS. Effective January 1, 2018, theThe City 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. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference. , 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: (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, eEffective January 1 of each calendar year, the City 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. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income. Unused Benefits Credits as outlined above will be paid to the employee in cash March 7, 2023 Item #3 Page 365 of 397 Management Compensation and Benefits Plan 17 Revised 1/17/20223/7/2023 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. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance Employees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level. 1. Dental Insurance Management employees will be eligible to enroll in or waive enrollment in a City-sponsored dental plan at any coverage level. 2. Vision Insurance Management employees will be eligible to enroll in or waive enrollment in a City-sponsored vision insurance plan at any coverage level. Waiver Provision Management employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the City’s city’s medical insurance program, provided they can show proof of alternative minimum essential coverage as defined by the Affordable Care Actthat they are covered under another group insurance program. For those employees who are covered under another employer sponsored group insurance program, the 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 benefits Credits credits associated with waiving medical coverage will be set equal to 50% of the Benefits Credits associated with Employee medical coverage. If this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan.$400 per month. 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 Citycity, 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 city will contribute the minimum March 7, 2023 Item #3 Page 366 of 397 Management Compensation and Benefits Plan 18 Revised 1/17/20223/7/2023 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 Citycity, either service or disability, shall be eligible to elect, upon retirement to participate in the City’s 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 city’s dental and vision insurance program. The City city will invoice the retiree for his/herthe retiree’s 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, will provide city-paid short-term disability insurance is available for all management employees and the insurance premium is paid by the cityvia an insurance provider. The insurance shall provide for a seven (7) calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $150200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. Long-Term Disability The city will provide city-paid Longlong-term disability is availableinsurance 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. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. 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 March 7, 2023 Item #3 Page 367 of 397 Management Compensation and Benefits Plan 19 Revised 1/17/20223/7/2023 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 city shall provide deferred compensation plan(s) which may be utilized by any management employee. The City 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 city will assist in the administration of this benefit but that the City 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 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 city’s intranet site. Uniform Reimbursement & Reporting the Value of Uniforms to CalPERS Reimbursement to the Police Chief and Assistant Police Chief for the cost of purchasing and maintenance of required uniforms shall be $34.62 per pay period. Effective May 31, 2010, all fire management employees who are required to wear Citycity-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 March 7, 2023 Item #3 Page 368 of 397 Management Compensation and Benefits Plan 20 Revised 1/17/20223/7/2023 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 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. 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 March 7, 2023 Item #3 Page 369 of 397 Management Compensation and Benefits Plan 21 Revised 1/17/20223/7/2023 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. 7. Deployment Recovery Leave Effective March 20, 2023, Fire Safety Management employees returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to 24 hours to cover the balance of their remaining shift if returning on a regularly scheduled workday. If returning from an incident deployment spanning 240 hours or greater on a regularly scheduled day off, Fire Safety Management employees shall be granted deployment recovery leave of up to 24 hours to cover the duration of their next regularly scheduled shift so long as that regularly scheduled shift is scheduled to begin within 24 hours of return from the incident. Fire Safety Management employees returning from incident deployments spanning 240 hours or greater will not be allowed to work overtime or a trade or be eligible to be force hired unless they have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or a regularly scheduled day off. In the event the Fire Department is experiencing a staffing shortage, the City Manager or designee may adjust deployment recovery leave as needed until the local staffing shortage is resolved. Special Assignment and Temporary Upgrade Pay Whenever the needs of the City 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/herthe employee’s current salary. Subsequent to designation in a special assignment, in the event that the situation changes and the City city does not need the employee to serve in the assignment for at least twenty-one (21) consecutive calendar days, the March 7, 2023 Item #3 Page 370 of 397 Management Compensation and Benefits Plan 22 Revised 1/17/20223/7/2023 employee shall receive the temporary upgrade pay for that period of time the assignment lasts. In the event that at the beginning of a special assignment, it is not perceived that the assignment will last at least twenty-one (21) consecutive calendar days, and the assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the Human Resources Director as recommended by the affected Department Head. Exceptions to the minimum qualifications criteria may be recommended by the affected Department Head on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification he/shethe employee 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. An employee person in a special assignment shall be eligible to receive pay increases in his/herthe employee’s 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. March 7, 2023 Item #3 Page 371 of 397 Exhibit 5 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 Health Insurance/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 March 7, 2023 Item #3 Page 372 of 397 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 duties set 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-employment screening to determine whether the EMT is an appropriate candidate for employment as an EMT for the city; (2) Provide the EMT with any uniforms, tools and equipment as the city deems appropriate; March 7, 2023 Item #3 Page 373 of 397 Exhibit 5 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 Chief or 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 competitive process 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 same vacation 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. March 7, 2023 Item #3 Page 374 of 397 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 with requirements of the Fair Labor Standards Act (FLSA) and any other federal or state employment laws 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 fire suppression/operations schedule on 24-hour shifts. An EMT shall receive overtime compensation for 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 be modified and/or updated from time to time at the sole discretion of the Fire Chief or designee in accordance with federal, state, and/or local laws governing employment. D. In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for emergency call-back), and time spent conducting bona fide volunteer activities. 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 discretion of the city. Such changes include, without limitation: (1) number of days/hours to be worked on a daily basis and in a payroll period; (2) normal days off; and (3) starting/ending times of assigned shifts. March 7, 2023 Item #3 Page 375 of 397 Exhibit 5 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. An additional two shifts may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. 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 $150200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. The EMT shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. EMTs shall combine accrued paid time off with short-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the short-term disability payments. March 7, 2023 Item #3 Page 376 of 397 6 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. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. 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 Accrual The annual vacation leave accrual schedule will be: Less than 3 full calendar years of continuous service -13 minutes/day 3 through 4.99 full calendar years of continuous service -16 minutes/day 5 through 9.99 full calendar years of continuous service -20 minutes/day 10 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/day 13 through 14.99 full calendar years of continuous service -25 minutes/day 15 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 Maximum An EMT will not be allowed to earn and accrue vacation hours in excess of the 320 hour maximum. Effective March 20, 2023, the vacation accrual maximum shall be increased to 400 hours. 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 March 7, 2023 Item #3 Page 377 of 397 Exhibit 5 7 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 election by 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. 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 will 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. March 7, 2023 Item #3 Page 378 of 397 8 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 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. Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and March 7, 2023 Item #3 Page 379 of 397 Exhibit 5 9 the federal Family and Medical Leave Act will be administered according to requirements of those laws. 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. Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965. 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. 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). In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay on or before March 20, 2023 will not be required to pass the test until March 20, 2026. SECTION 12. HEALTH INSURANCE/FLEXIBLE BENEFITS PROGRAM EMTs will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and dismemberment insurance March 7, 2023 Item #3 Page 380 of 397 10 (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 alternative minimum essential coverage as defined by the Affordable Care Actproof of coverage under another group insurance program. Effective the pay period that includes December 31, 2022, for those EMTs who are covered under another employer sponsored group insurance program, the Benefits Credits associated with waiving medical coverage will be set equal to $400 per month. The benefits credits associated with waiving medical coverage will be set equal to 50% of 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. March 7, 2023 Item #3 Page 381 of 397 Exhibit 5 11 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. 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. March 7, 2023 Item #3 Page 382 of 397 12 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. 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. March 7, 2023 Item #3 Page 383 of 397 Exhibit 5 13 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 (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. March 7, 2023 Item #3 Page 384 of 397 14 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), 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 March 7, 2023 Item #3 Page 385 of 397 Exhibit 5 15 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. 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. March 7, 2023 Item #3 Page 386 of 397 16 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; 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 March 7, 2023 Item #3 Page 387 of 397 Exhibit 5 17 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. 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. March 7, 2023 Item #3 Page 388 of 397 18 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 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. March 7, 2023 Item #3 Page 389 of 397 Exhibit 5 19 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 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 March 7, 2023 Item #3 Page 390 of 397 20 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 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. An EMT shall utilize all accrued leave, except sick leave, prior to taking leave without pay. 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 March 7, 2023 Item #3 Page 391 of 397 Exhibit 5 21 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. G. Deployment Recovery Leave Effective March 20, 2023, EMTs returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to 24 hours to cover the balance of their remaining shift if returning on a regularly scheduled workday. If returning from an incident deployment spanning 240 hours or greater on a regularly scheduled day off, EMTs shall be granted deployment recovery leave of up to 24 hours to cover the duration of their next regularly scheduled shift so long as that regularly scheduled shift is scheduled to begin within 24 hours of return from the incident. EMTs returning from incident deployments spanning 240 hours or greater will not be allowed to work overtime or a trade or be eligible to be force hired unless they have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or a regularly scheduled day off. In the event the department is experiencing a staffing shortage, the Fire Chief or the Fire Chief’s designee may adjust deployment recovery leave as needed until the local staffing shortage is resolved. 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 March 7, 2023 Item #3 Page 392 of 397 22 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 while on jury duty. If the EMT also receives any compensation from the court for serving on a jury, the EMT will reimburse the city for the amount they received from the court. 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. Effective January 1, 2023, EMTs shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000. 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 442-339-2440760-602-2440. 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. March 7, 2023 Item #3 Page 393 of 397 Exhibit 5 23 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. March 7, 2023 Item #3 Page 394 of 397 Page 1 of 3 Exhibit 6 PERSONNEL RULES AND REGULATIONS strikeout of sections 4 & 10 4. PAY AND BENEFITS 4.1 Preparation of Pay Plan. The Human Resources Director will prepare a pay plan covering all classifications in the classified service, showing the minimum and maximum rates of pay. In determining the pay ranges, the Human Resources Director will consider the prevailing rates of pay for comparable work in other public agencies and in private employment as well as the existing differences in the duties and responsibilities as set forth in the classification plan. No position may be assigned a rate of pay higher than the maximum or lower than the minimum rate of pay provided for that position’s classification. 4.2 Adoption of Plan. The Human Resources Director will submit the proposed pay plan to the City Council for approval and adoption. After the pay plan has been approved and adopted, the Human Resources Director will periodically conduct further studies to determine if the pay ranges in the pay plan remain appropriate. If the studies indicate that an amendment to the pay plan is necessary, the Human Resources Director will submit the amended pay plan to the City Council for approval and adoption. The Council will adopt or amend and adopt the proposed plan. 4.3 Application of Rates. 4.3.1 Employees occupying a position in the classified service will be paid at a rate within the pay range established in the pay plan for that position’s classification. Newly hired employees will be started at the minimum rate of pay for their position’s classification unless the City Manager, or designee, determines that qualified applicants are not available at the minimum rate of pay or that an applicant has special qualifications that justify a higher rate of pay. 4.3.2 A transfer will not affect an employee’s rate of pay. 4.3.3 Employees reemployed after layoff will receive a rate of pay within the pay range established for the classification of the position in which they are reemployed. 4.4 After January 1, 2014, all advancements within a pay range for CCEA represented employees will be governed by the Pay for Performance Guidelines as outlined in the CCEA MOU. All non-CCEA represented employees will be advanced in their pay ranges according to the following process: 4.54.4 Advancement Within a Pay Range. Employees will be considered for pay adjustments within the pay ranges for their respective positions in accordance with the following schedule: (a) Step 2 – at the satisfactory completion of the probationary period in Step 1. (b) Step 3 – at the satisfactory completion of one year of service March 7, 2023 Item #3 Page 395 of 397 Page 2 of 3 Exhibit 6 in Step 2. (c) Step 4 – at the satisfactory completion of one year of service in Step 3. (d) Step 5 – at the satisfactory completion of one year of service in Step 4. (e) Step 6 (if applicable) – at the satisfactory completion of one year of service in Step 5. (d)(f) Any additional steps will follow the above process. Advancements to a higher step Step 2 through 5 will be approved by the City Manager following approval by the Human Resources Director and the employee’s manager. Approved step increases will be effective on an employee’s anniversary date. Any non-probationary employee may be advanced to the next higher step in the pay range regardless of the length of time served at the employee’s present step. This advancement requires the written recommendation of the employee’s manager, and the approval of the employee’s department head, the Human Resources Director, and the City Manager. Approved step increases will be effective on employee’s anniversary date. 4.64.5 Promotion or Advancement in Rate of Pay. When an employee is promoted, the employee will be advanced to the lowest step in the higher range which will provide at least one step increase in pay, except that the employee cannot be advanced beyond the highest step in the higher pay range. 4.74.6 Out of Classification Compensation. Fire safety employees are authorized out of classification compensation of a minimum of five percent (5%) above a member’s existing salary for each occasion the member is employed out of classification; such compensation to commence following the first four hours of employment out of classification. Assignment of employees to out of classification service will be at the sole discretion of the Fire Chief. Other classified employees out of classification compensation, if applicable, will be governed by the employee’s MOU. 4.84.7 Deferred Compensation. The City will provide for a Deferred Compensation Plan in which the employees will have the option to participate. The City reserves the right to accept or reject any particular plan administrator or plan feature and to impose specific conditions upon participation in the plan. Benefits under such plans will be determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. 4.94.8 Compensation Procedure All employees will submit a time sheet listing the total number of normal and approved overtime hours worked at the end of each pay period to their supervisor. The time sheet will indicate any absences and type or designation of absence. Absences, suspensions, etc., for which no payment has been authorized will be deducted from the normal biweekly salary on the basis of 26 pay periods per year. Similarly, salary for working periods of less than normal, as in the case of new employees, terminated employees, leaves of absence without pay, etc., will be computed on the basis of March 7, 2023 Item #3 Page 396 of 397 Page 3 of 3 Exhibit 6 the biweekly or hourly rate less the number of working days of absence. 10.ATTENDANCE AND LEAVES10.1. Annual Vacation Leave. The purpose of vacation is to enable eacheligible employee to take time off from work and return to work mentally refreshed. All probationary and regular City employees in the classified service will be entitled to take accrued vacation with pay except employees who have served less than six months in the service of the City. Vacation accrual rates for eligible employees will be determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. March 7, 2023 Item #3 Page 397 of 397