HomeMy WebLinkAboutCarlsbad City Employees' Association; 2023-01-01;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.
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.
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
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
-
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.
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 specificallydesignated in connection with the performance of a specific function or obligation setforth herein.
B.CCEA authorized representatives shall be its President, its Board of Directors, or aCCEA member in good standing who has been designated as an authorized CCEArepresentative 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 theCCEA designated staff representatives. CCEA will notify Human Resources of theorganization, 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 orrepresentatives 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 instigatesor 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 overa 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 toinform its members of their obligations under this agreement and to direct them to returnto work.
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 ofCCEA 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 representthemselves 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 formalnotice 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 orientationpacket for newly hired employees in positions represented by CCEA. The city andCCEA 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 thecity harmless for any disputes between CCEA and employees represented by CCEAarising 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 bulletinboards shall be at the discretion of CCEA. The city may remove CCEA material only in
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 ofnames, departments, and classifications of employees in classifications represented byCCEA. 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 allauthorized representatives of the CCEA. An authorized representative shall not enter anywork 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 inpreparing and processing grievances; and preparing and presenting material fordisciplinary appeals hearings.
CCEA may designate one employee representative to assist an employee in preparing andpresenting materials for the above-listed procedures. The employee representative sodesignated shall be allowed reasonable release time from regularly scheduled duties forthe 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 orgrievance hearings or City Council meetings during the off-duty time shall do so on theirown time; providing, however, that employees who are ordered or subpoenaed to attendsuch hearings shall be compensated in accordance with the overtime provisions of this
Memorandum of Understanding.
Designated employee representatives shall be allowed reasonable release time fromregularly scheduled duties to attend meetings relative to other matters of employer-employee relations.
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 citystaff 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 ofcompensation. The employee organization shall, whenever practicable, submit the namesof all such employee representatives to the city at least two working days in advance ofsuch meeting. Provided further:
(1)That no employee representative shall leave his or her duty or work station orassignment without specific approval of the Department Head or other authorizedcity 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 otheremployees of the city (e.g., may not represent employees in discipline or grievanceprocedures),
•may not provide information related to or participate in labor negotiations on behalf ofCCEA,
•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 department2)City Manager’s Office: all CCEA-represented positions in this department3)City Attorney’s Office: all CCEA-represented positions in this department
4)Finance Department: Administrative Secretary, Accountant and Accounting Technicianassigned to payroll responsibilities, Secretary
6
5) Information Technology Department: Business Systems Specialist, Business IntelligenceAnalyst 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 thisdepartment that may periodically access applications/databases that contain confidentialemployee 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.
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.
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 inexcess 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 thetotal 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 anyworkday or workweek on which premium rates have once been allowed shall not be usedagain 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 theemployee’s FLSA work week and same pay period without loss of pay. If the request isapproved by management, pay for hours worked during this temporary shift adjustmentshall 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
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 theemployee’s prior shift or is working prior to the employee’s regularly scheduled shift orif the assignment has been scheduled in advance and the employee is provided with atleast 24 hours notice of said assignment.
Coming Back To WorkIf the employee has to come to work to resolve the problem, (i.e., the work is notcompleted remotely via phone/computer) the employee called back to duty shall becredited 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. Mileagereimbursement 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
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. Whenan employee has accumulated the maximum number of hours of compensatory time offthe 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 thedepartment.
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 ofthe calendar year. At any time an employee may elect to “cash out” any portion of theemployee’s accrued compensatory time balance at the employee’s base rate of pay byrequesting 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 dutytime are considered as authorized.
6. Clothes Changing
Employees are not authorized to wear their uniforms or any part thereof that isdistinguishable as such unless on duty. Each employee is provided with a locker foremployee’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/orfrom 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 andis not compensable in any manner whatsoever.
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 toCFR Section 785.33, et seq.
When feasible, the Department will adjust the employee’s work schedule to minimize theimpact 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 becompensated in any manner whatsoever for such travel time in the city vehicle. Refer toAdministrative 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 andmonitored.
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 incourt. An employee shall be credited with a minimum of two hours for the courtappearance. 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 thedeadlines 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 arrangedfor another employee to respond, the employee must notify the supervisor, thedepartment, and dispatch of the name of the substitute employee who willrespond. Callback shall be handled in accordance with each department’s
standby/callback policy;
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 foradministering departmental standby/callback policies and shall also provideorientation 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 setforth 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 haveoutside of this contract under the FLSA; and (2) neither the fact of thesenegotiations 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 uponratification 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
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
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 outsidethe 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 wearsafety footwear. The city shall establish, subject to consultation with the affectedemployees, a voucher system for the employees to acquire safety footwear and insoles.
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 glassesand/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 visitsto 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 onlybe 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 themonetary value of the required uniforms for employees in the following positions:
1. Building Maintenance Worker I/II
2. Cross Connection Control Technician3. Custodian /Custodian II4.Environmental Specialist I/II5.Equipment Service Worker
6. Equipment Technician I/II
7. Lead Equipment Technician8. Maintenance Aide in the Parks Division9.Maintenance Worker in Parks and Streets Departments10.Meter Services Worker I/II/III
11.Park Maintenance Specialist
12.Park Maintenance Worker II/III13.Sanitation Systems Operator I/II/III14.Scada Technician15. Senior Building Maintenance Worker
16. Senior Cross Connection Control Technician
17. Senior Environmental Specialist18. Storm Drain Maintenance Worker19.Street Maintenance Worker I/II/III20.Tree Trimmer I/II
21.Tree Trimmer Leadworker
16
22.Utility Worker I/II/III23.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, andcannot 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 foremployees 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.”
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 forthe 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 andthereafter 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 calendaryears 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 fullcalendar years of continuous service – 21 minutes/day.
• Beginning the 12th year of employment through the completion of 12 fullcalendar 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 fullcalendar years of continuous service – 25 minutes/day.
18
• Beginning the 16th year of continuous employment, vacation time shall beaccrued, 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 CityCouncil approval of this MOU, the vacation accrual maximum shall be increased to 400hours. Department Heads shall encourage the taking of accrued vacation leave. If thereare 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 ifit is in the best interest of the city. Requests will be handled on a case-by-case basis andwill be considered only in extreme circumstances.
C.Vacation Conversion
1. Employees are eligible to submit an irrevocable request to elect to cash out up to80 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 ofeach year. Elections will not carry over from one calendar year to the nextcalendar 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 nomore 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 outaccount will not be credited toward the employee’s maximum vacation accrual.During this period of time, no earned vacation leave will be credited to theemployee’s vacation time off balance.
5. Payment of vacation hours elected for cash out will be in the last paycheck inDecember unless the employee has accrued all the elected vacation hours by June30, in which case payment of the elected vacation hours will be cashed out inJuly. 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 ofvacation hours the employee actually accrues in the calendar year and the payoutwill be made no later than the last pay date in the calendar year.
19
6. The vacation payment amount will be based on the employee’s rate of pay at thetime 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 waivestheir right to do so and will not be allowed to cash out any vacation accruing inthe following year.
D.Effects of Holiday on Vacation LeaveIn the event one or more authorized municipal holidays fall within a vacation leave, suchholiday 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’spaid vacation leave from city service. This clause shall not limit the city’s right to recallan employee from vacation in the event of an emergency and place him/her on regularpay status.
G.Scheduling Vacations
An employee may take annual vacation leave at any time during the year, contingentupon 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 weeknotice in advance of the day(s) the employee is requesting vacation time off. When afamily emergency arises which necessitates the use of vacation time, an employee shallprovide 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 accruedvacation 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 willbe official city holidays shall be as follows:
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 numberof 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.
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 followingthe holiday (i.e., their next regularly scheduled work shift becomes their designatedholiday).
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 publishedholiday), the employee may, with the supervisor’s approval, choose one of the followingtwo 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 forunused sick leave accumulated to the employee’s credit upon termination, whethervoluntary or involuntary.
Sick leave will be administered consistent with state and federal law and shall be allowedfor 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
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 thepurposes described in California Labor Code Sections 230(c) and 230.1(a), includingobtaining relief (e.g., a restraining order), domestic violence services, or medical ormental 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.
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 sickleave to vacation at a ratio of three sick leave days per one day of vacation. The sickleave 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’ RetirementSystem may convert accrued and unused sick leave time to extend service time in thesystem 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 paidbereavement 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 asleave without pay. Additional time off may be authorized by the Department Head andcharged to accrued vacation or sick leave or, when no accrued leave is available, treatedas 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 approvalof 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 theapproval of the employee’s Department Head for less than two calendar weeks. If
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 DepartmentHead.
B.Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall statespecifically 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’sDepartment Head, and, if applicable, shall be promptly transmitted to the CityManager or designee for approval. A copy of any approved request for leave ofabsence 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 leaveprovided that the request for extension is made no later than 14 calendar daysprior to the expiration of the original leave.
D.Return From Leave
When an employee intends to return from an authorized leave of absence withoutpay either before or upon the expiration of such leave, the employee shall contactthe 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 ata rate of pay not less than the rate at the time the leave of absence began.
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 amonthly basis during the period of the leave. Failure to reimburse the city forsuch benefits during the term of a leave of absence will result in the employee’scoverage 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 repaidthrough payroll deductions. This applies to sums due for insurance as well asother 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 tocontinue 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 beallowed to utilize a combination of accrued leave and leave without pay to take a leavefor a reasonable period of time, not to exceed four months. An employee shall utilize allaccrued 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 cityreasonable 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 andvacation.
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 consecutivecalendar days.
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 beyondthe 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.
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.
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.
29
A.Medical InsuranceA1. 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 InsuranceRepresented 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.
30
D.RetireesEach 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 beeligible 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 timeof 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 enrollmentin 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 eligibledependents shall be borne solely by the retiree. An individual who does not choosecoverage upon retirement, or who chooses coverage and later drops it is not eligible toreturn to the city’s dental and vision insurance program.
The city will invoice the retiree for the retiree’s monthly premiums for dental and/orvision insurance and the retiree must keep such payments current to ensure continuedcoverage.
E.Waiver Provision
CCEA represented employees who do not wish to participate in the CalPERS HealthProgram will have the choice of waiving the city’s medical insurance program, providedthey can show proof of alternative minimum essential coverage as defined by theAffordable Care Act.
Effective the pay period that includes December 31, 2022, for those employees who arecovered under another employer sponsored group insurance program, the BenefitsCredits 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 underthe 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.
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 thefirst 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 thefirst 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 implementingprovisions of Section 414(h)(2) of the Internal Revenue Code.
Employees shall make the following employee retirement contributions through payrolldeductions:
•Miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all ofthe employee retirement contribution (8%).
•Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all ofthe employee retirement contribution (7%).
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 toCalPERS are to be arranged by the employee directly with CalPERS. Once such apayment 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 appealedunder Parts 2 and 4 of this Article. The following types of discipline may be appealedunder Parts 3 and 4 of this Article: suspension of more than one work shift, reduction inpay 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 orless or reduction of pay of one work shift or less to his or her Department Head for a finaldecision.
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
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 ofthe group have read and signed. Members of the group will be limited tothose 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 employeeswho 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.
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 citysuch 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 otheremployees 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
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 theadministrative procedure in the time specified herein for doing so;(3)When the city has provided the relief sought by the employee that it islegally 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 drugswhile 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 theCity 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 aninvestigation conducted by the city or its agents.(15)Other acts that are incompatible with service to the public.
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. Thisrepresentative may at the employee’s option be provided by an employee organization. Ifthe representative is a city employee, the employee seeking the representative shall notifythe 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.
37
B.Step Two - Administrative Hearing
(1)Hearing Procedure
If the matter is subject to an advisory hearing, the city shall arrange if practicablefor the matter to be heard by a hearing officer within 120 calendar days of the dateof 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 employeeorganization 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 witnessfees, attorney fees and exhibit costs. In the case of an appeal of disciplinaryaction, 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 andexhibits offered by the parties. The hearing shall proceed according to anAdministrative 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 inmatters of grievance and discipline.
(2)Hearing Officer
The employee or employee organization and the city may agree that the advisoryhearing will be conducted before a hearing officer mutually selected by the partiesfrom a list of hearing officers provided by a neutral third party. The selection of ahearing 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 ofCalifornia Mediation and Conciliation Service or Judicial Arbitration MediationServices (JAMS).
(3)Permissible Relief
In the case of a grievance appeal, the hearing officer may only recommend thatthe relief initially sought by the employee or employee organization be granted orthat the position of the city should be upheld.
In the case of disciplinary appeals, the hearing officer may recommend either thatthe discipline imposed by the city be upheld, that a lesser discipline be imposed,or that no discipline be imposed.
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 thegrievance or uphold the grievance and provide a remedy selected by theCity 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 thediscipline.
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 environmentfree 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 & MentalHealth Services Administration (SAMHSA). All procedures and protocols for collection,chain of custody and testing will be conducted consistent with standards required underSAMHSA 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
39
city-assigned work is being conducted, or within a reasonable time thereafter.
3. “Reasonable suspicion” means a standard for evidence or other indicationof impairment of normal physical or mental skills by alcohol or drugswhere such impairment could negatively affect work performance or couldpose 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 ofalcohol 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 employeefrom the disciplinary consequences of the conduct upon which acriminal conviction is based); and
d. abide by all terms of this policy.
2.Employees are required to notify their supervisors when taking anymedication 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 ofcity 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 arerelevant to city employment may result in disciplinary action up to andincluding termination if there is relevant nexus between such off-dutyinvolvement 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,
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 fordisciplinary 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 candidatemust submit to a drug and alcohol analysis. At the city's discretion, thisanalysis may be in the form of "breathalizer," urine, or blood analysis.
2. Persons whose results are positive for either illegal drugs or alcohol willbe rejected for city employment.
B.Employee Drug and Alcohol Analysis
1.If a manager or supervisor of the city has reasonable suspicion that anemployee is under the influence of drugs or alcohol while in the workplaceor 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'sdiscretion, this analysis may be in the form of "breathalizer," urine,or blood analysis.
41
c.An employee may also be required to remain on the premises for areasonable 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 morethan 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 causalexplanation other than possible employee responsibility;
e.physical or verbal behaviors that are disruptive, non-responsive,unusual for that employee or otherwise inappropriate to theworkplace situation;
f.attributable possession of alcohol or drugs;
g. information obtained from a reliable person with personalknowledge that would lead a reasonably prudent supervisor tobelieve 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 alcoholanalysis when requested to do so by city management or by lawenforcement officers shall constitute insubordination and shall be groundsfor discipline, up to and including termination.
4. A drug and alcohol analysis may test for the presence of any drug whichcould impair an employee's ability to effectively and safely perform thefunctions 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 testsample.
III.EMPLOYEE ASSISTANCE PROGRAM
A.The city has a well established voluntary Employee Assistance Program (EAP) toassist employees who seek help for substance abuse problems. The EAP is
available for assessment, referral to treatment, and follow-up. Any employee of
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 stronglyencouraged to voluntarily seek assistance through the EAP. All self-referralcontacts 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 anycity 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 anunwarranted 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 businessor any records where the public interest served by not making the record available clearlyoutweighs 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.
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 shallinclude periods of authorized leaves of absence.
(b)Order of Reduction in Force: Whenever there is a reduction in force employees shall beselected 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 reverseorder of their city service seniority in the affected classification series; (4) and regular employeesin 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 oneor more employees in a classification has been identified for layoff, the city shall demote theemployee in that classification with the highest city service seniority to a vacancy. The employeeidentified for demotion to the vacant classification must have previously served in thatclassification and be determined to be currently qualified. An employee may refuse to accept a
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 toCCEA. The notice shall include the (1) reason for layoff, (2) classes to which the employee maydemote within the city, if any, (3) effective date of action, (4) conditions governing retention onand 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 ServiceSeniority: Should two or more employees have identical city service seniority, the order of layoffand demotion will be determined by the Human Resources Director who will use randomizingsoftware 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 requireddue 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 allowedto demote to a vacant position or to a position held by a city probationary employee in suchlower 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 reinstatementlist, in order of their city service seniority. Vacant positions in which an employee has servedwithin 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 qualifyin the order of their city service seniority. Vacant positions in such classifications will be offeredto eligible individuals on the reemployment list who qualify for such vacancies prior to an open orpromotional 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 ofdemotion or layoff. Eligible individuals not responding to written notification of an opening after14 calendar days shall have their names removed from either the reemployment or reinstatementlist.
45
(k)Restoration of Benefits Upon Reemployment Following a Reduction in Force: Uponreemployment 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, thensalary placement will be equivalent to the salary paid at the time of layoff, or at the top ofthe salary range of the lower classification as reflected in the current effective salary planat 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 leaveaccruals 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 offemployee 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 tolayoff shall receive the equivalent of three months’ base salary, computed at the employee’s actualsalary at the time of separation, provided that the employee who was involuntarily separated entersinto, 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.
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
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 permanentemployee of the city.
2. Priority of Assignments
In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignmentshall 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 aminimum of one year of service in the city’s Water Operations Division. In addition, theemployee 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 SafetyManagement (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 Section112(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 MaterialsDivision, 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.
48
g. Must possess a current CDPH issued Distribution Operator Grade D-3 and TreatmentOperator 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 – Documentationa.Respond to emergency situations to include the chlorination facilities perPSM/RMP requirements
b. Provide timely and proper notificationc.Provide timely and proper documentationd. Assist duty operator with onsite problems
C.Operations and Maintenance
a.Make occasional chlorine adjustments, flow changes and system changes asneededb.Perform general maintenance on the residence, yard and fencingc. Perform general maintenance on the property, perimeter fencing and weeds
D.Inspectionsa.Perform routine visual inspections of the entire site at least weeklyb. Perform visual inspections of the entire site after any disaster event includingminor earthquakesc.Document and report any issues or concerns to the Water Operations Supervisor
E.Securitya.Be onsite on a regular basis during nonworking hours for a minimum of fourweeknights per week and a minimum of three weekends per month (except forextended 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 eventsc. Immediately report any security breaches or issues to the proper authority,including police, where appropriate
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 calendardays advance notice of any changes. The city shall furnish the water supply andelectricity for the residence and the Steward shall be responsible for the balance of theutilities.
5.Term
The city maintains the right to change the assignment of the Maerkle Facility Stewardresponsibility 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 ofthis provision to create an at-will tenancy that can be revoked at any time upon at least 60calendar days’ notice to the Steward. There shall be an annual review of the Steward’sperformance 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 cityshall first satisfy its obligation to meet and confer with CCEA regarding both thedecision 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 staffresponsible for the creation of an RFP for the purpose of providing input to thecity regarding the creation of the RFP for contracting out the services referencedin 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 beforwarded to the CCEA appointees by email and a subsequent meeting shall bescheduled, which shall take place within seven calendar days from the date theRFP 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 meetingsmay be scheduled if mutually agreeable. Following conclusion of the meeting(s),CCEA’s appointees may provide written feedback/suggestions regarding the RFPfor 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
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 decisionrelated 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 cityand 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 designeeshall determine whether to pursue contracting out of those services that are thesubject 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’snegotiating team will make a proposal in writing to CCEA to contract outthose services and will provide a copy of the leading proposal to CCEA alongwith 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 thatdecision no later than 14 calendar days from the date of CCEA’s receipt of thecity’s proposal. The first meeting of the meet and confer process shall bescheduled 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 theparties that the meet and confer process is not required to be completed in onesingle 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 agreementor exhausting impasse procedures, the City Council will make its finaldecision on whether to contract out those services subject to the RFP.
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
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 Mar4.City of El Cajon5.City of Encinitas6. City of Escondido
7.City of Imperial Beach
8.City of La Mesa9.City of National City10. City of Oceanside11. City of Poway
12. City of San Marcos
13.City of Solana Beach14. City of San Diego15. City of Santee16.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 Authority2.Helix Water District3.Olivenhain Municipal Water District
4.Otay Water District
5.Padre Dam Municipal Water District6.Vallecitos Water District7.Vista Irrigation District
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.
I THE WITNE WHEREOF, the parlies hereto have cau ed their duly aulhorized
repr enta ·veto execute the Memorandum of Under tanding the da , month, and year noted
bel w.
BYRn:,
Date
Approved a to form:
ttorney
Carlsbad City Emplo ee 'Association
2/22/2023
0, President, Date
54
3/1/nz.3
Dale
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.
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 employeewill agree with the employee’s supervisor when to take a regularly scheduled work shiftin that same pay period as a Holiday.
•FLOATING HOLIDAY: Six hours per Holiday paid for 0.75 FTE employees. Fourhours 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
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 permanentemployee of the city.
2. Priority of Assignments
In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignmentshall be offered to qualified current CCEA employees in the Water Operations Divisionof 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, theemployee must not be on a Performance Improvement Plan (PIP), and must be fullycompetent in facility operations, recordkeeping, emergency response procedures and bein compliance with the following regulations governed by these respective agencies:
a. Cal-OSHA’s California Code of Regulations, Title 8, section 5189, ProcessSafety Management (PSM) of Highly Hazardous Materials.b. Federal EPA’s Code of Federal Regulations, Title 40, Part 68, AccidentalRelease 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 ofDams.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.
iv
3.Responsibilities
The Steward shall be responsible for performing the following duties:
A.Safetya.Maintain on site compliance with PSM/RMP program and Hazardous MaterialsBusiness Plan
b. Immediately report any observed non-compliance issues with the PSM/RMP
Program or Hazardous Materials Business Planc.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 requirementsb. Provide timely and proper notificationc.Provide timely and proper documentationd. Assist duty operator with onsite problems
C.Operations and Maintenancea.Make occasional chlorine adjustments, flow changes and system changes asneededb.Perform general maintenance on the residence, yard and fencing
c. Perform general maintenance on the property, perimeter fencing and weeds
D.Inspectionsa.Perform routine visual inspections of the entire site at least weeklyb. 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.Securitya.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 departmentwill be responsible for ensuring coverage for Steward’s responsibilities)b. Monitor access of residents through property during significant flood eventsc. 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 andelectricity for the residence and the Steward shall be responsible for the balance of theutilities. Upon change of Steward, the outgoing Steward shall have the propane tankfilled 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
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 changefrom the assignment as a change shall not be considered disciplinary. It is the intent ofthis provision to create an at-will tenancy that can be revoked at any time upon at least 60calendar 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 ofthis assignment.
6.Sole Place of Residence
The crew member assigned as the Steward shall maintain the residence as the Steward’ssole place of residence.
7.Others Living at Residence
Only the Steward and a reasonable number of persons who constitute a bona fide singlehousehold unit shall be allowed to reside at the house.
8.Vehicles
The Maerkle Facilities Steward shall drive a city vehicle. No more than three privatevehicles shall be kept at the residence unless pre-approved by the Water Operationssupervisor.
9.Firearms
The Steward shall not carry any firearms in the performance of the Steward’s duties or incity vehicles and shall not discharge any firearms on city property. Any firearms that arepersonal 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 securedstorage.
10.Parties
The Steward shall notify the Water Operations Supervisor, in writing, at least sevencalendar days in advance of any party at the residence involving 15 or more people.
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 beresponsible for any damages caused by pets. The Steward may not keep pets known to bevicious.
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
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__, withEMPLOYEE'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 whenapplying for unemployment with the State of California EmploymentDevelopment 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 healthinsurance 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 receivedby the CITY and the right to rescind this Agreement, pursuant to Section 7 Rightto 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 thanthose vested benefits or rights of EMPLOYEE to which EMPLOYEE wouldotherwise 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 anygovernmental agency or any court arising out of EMPLOYEE’S employment withthe CITY. EMPLOYEE further agrees not to institute or join any action, lawsuitor 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 rightsunder this Agreement.
EMPLOYEE fully releases and discharges the CITY, its council members,
officers, employees, agents and attorneys, from all actions, causes of action,
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 shallnot 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 shallbe 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 Stateof California. Any action to enforce this Agreement shall be brought in the SuperiorCourt 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 urgesEMPLOYEE to seek appropriate advice or counsel from a qualified attorney orprofessional of EMPLOYEE's choice and EMPLOYEE’s own expense.
3
7. Right to Revoke AgreementA.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 thisrevocation to be effective, written notice must be received no later than close ofbusiness 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 notreceive 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 inany way be construed as an admission or indication that the EMPLOYEE or the CITYviolated any law, or regulation or any right founded in any applicable constitutional orstatutory 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 RightsEMPLOYEE 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 AgreementProvided no notice of revocation is received by CITY pursuant to Section 7, thisAgreement 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 byEmployee, then the effective date of this Agreement shall be the seventhcalendar 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 SAIDEMPLOYEE, 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 BYDELIVERING 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 DAYPERIOD HAS EXPIRED.
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