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HomeMy WebLinkAbout1978-10-03; City Council; Resolution 55481 2 2 4 K " E 7 E 9 1c 11 1% 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5548 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETV7EEN REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD POLICE OFFICERS ' ASSOCIATION F7HEREAS, representatives of management and the Carlsbad Police Officers' Association have been conducting negotiations pursuant to the Meyers-Milias-Brown Act, regarding wages and Dther terms and conditions of employment for Fiscal Year 1978-1979: md WHEREAS, said representatives have reached agreement which they desire to submit to the City Council for approval; and WHEREAS, the City Council has determined it to be in the ?ublic interest to accept such an agreement in the form of a Yemorandum of Understanding, marked Exhibit A and incorporated 3y reference herein; NOW, THEREFORE, BE IT RESOLVED by the City Council for the 'ity of 1. 2. 3. Carlsbad, California, as follows: That the above recitations are true and correct. That the Memorandum of Understanding between the Carlsbad Police Officers' Association and representatives of management is hereby accepted. That the City Council intends to implement said memorandum by incorporating its terms into the salary plan for Fiscal Year 1978-1979 and the Personnel Rules and Regulations of the City of Carlsbad and by other appropriate actions necessary in accord with its terms. 3 2 'j 4 F a. r 1 f s 1c 11 12 12 14 15 1E 17 18 19 20 21 22 23 24 25 26 27 28 0 -2- 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd day of October , 1978, by the following vote to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES : None ABSENT: None 4TTEST : (SEAL) Exhibit "A" to Res. 5548 0 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this 21st day of September 1978 by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the "City") and the designated representatives of the Carlsbad Police Officers' Association (hereinafter referred to as CPOA or "employees") . It is the purpose of this Memorandum of Understanding (here- inafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation and understanding between the City management representatives and the local safety police employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agree- ment of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CPOA as the majority representative for all classifications in this Unit, as set forth in Attachment A of the Petition for Formal Recognition, submitted on May 24, 1976, in accordance with the provisions of Section 2.48.090 (1) of the Carlsbad Municipal Code. ARTICLE 2. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CPOA. City will act in a timely manner to make the changes in City ordinances, resolutions, rules, policies and procedures necessary to implement this Memorandum. It is agreed that the ARTICLE 3. TERM The term of this Memorandum shall commence on the date when the terms and conditions for its effectiveness, as set forth in implementation, are fully met; but in no event shall said Memorandum become effective prior to 12:Ol a.m. on September 22, 1978. This Memorandum shall expire and otherwise be fully terminated at 12:OO Midnight on June 30, 1979. ARTICLE 4. =NEGOTIATION -2- Section E. In the event either party desires to meet and confer in good faith on the provisions of a successor Memorandum, such party shall serve upon the other party, during the period from December 1, 1978, to February 1, 1979, its request to commence meeting and conferring in good faith. Upon receipt of such written notice, meet and confer shall begin no later than March 1, 1979. Section 2. Unless the City serves upon CPOA, full entire written proposals to amend, add to, delete or otherwise change any of the provisions of this Memorandum, this Memorandum shall constitute City's full proposal for a successor agreement, except in the matter of salaries or other economic provision, Upon receipt of such notice and proposals, meet and confer shall begin no later than March 1, 1978, Notwithstanding the above, if federal or state governments take action that has direct effect upon areas which fall within meet and confer, the City may submit proposals concerning these areas at later dates. Section 3. If neither party requests a reopening for the purpose of renegotiation, all conditions of this Memorandum remain in full force and effect for one year from the date it would have terminated unless either party gives thirty (30) days notice to terminate subsequent to June 30, 1979. ARTICLE 5. RETENTION OF BENEFITS The employees of the City of Carlsbad shall retain a11 present benefits for the term of this agreement, except as amended by this Memorandum. ARTICLE 6. COMPE3JSATION ADJUSTMENTS The parties agree to recommend the City Council amend the existing City Salary Plan, as amended, adopted by City Council Resolution No. 5169, to provide salary increases in the amounts of Three Percent (3%) effective September I, 1978 and Four Percent (4%) effective January I, 1979. The above described amendments are to be computed, based upon the above described and agreed to amounts, in increments applicable to each range and step in the salary plan. -3- ARTICLE 7. HEALTI-I AND MEDICAL INSURANCE The City agrees to amend its present method of providing for payment of Health and Medical Insurance coverage for employees. Such amendment to include that City pay a sum up to Forty Dollars ($40.00) per month toward health and medical insurance coverage of each employee with the provision that the amount remaining above and beyond the cost of individual employee premium be applied to defraying the cost of dependent health and medical care insurance premium. Such payment modification shall take effect for the payroll period immediately following the date upon which the City Council considers this Memorandum, ARTICLE 8. UNIFORM ALLOWANCE City agrees to amend the present uniform allowance to permit payment of Two Hundred Dollars ($200.00) per year for sworn personnel and One Hundred Twenty-five Dollars ($125-00) per year for nonsworn personnel. ARTICLE 9. JOINT STUDIES Parties agree to jointly study: (1) The subject of an additional classification in the police series; such classification to represent an intermediate grade between the present classifications of police sergeant and police officer. (2) The subject of a four day work week. Parties agree that the pursuit of joint studies does not imply, promise nor assume the acceptance of study results, conclusions or recommendations by either party, Parties further agree that the composition of joint study groups and their schedules must be mutually accepted before commencing such studies: but that in no case shall final study reports be presented to the City Manager and CPOA representatives later than February 1, 1979. ARTICLE 10. FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is intended that this Memorandum of Understanding 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, -4- B. It is the intent of the parties that this Memorandum of Understanding be administered in its entirety in good faith during its full term. It is recognized that during such term it may be necessary for the City to make changes in rules or procedures affecting the employees in the unit. Where the City finds it necessary to make such change it shall notify CPOA indicating the proposed change prior to its implementation. If CPOA wishes to consult or negotiate with the City regarding the matter, CPOA shall notify the City within five (5) working days from the receipt of such notice, Upon receipt of such notice, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problem arising as a result of the change instituted by the City. Where the City makes such changes because of the requirements of the law, the City shall not be required to negotiate the matter of compliance with any such law. Nothing herein shall limit the authority of the City to make such changes required during emergencies. However, the City shall notify CPOA of such changes as soon as practicable, Such emergency assignments shallmt extend beyond the period of the emergency. "Emergency" shall be defined as an unforeseen circumstance requiring immediate implementation of the change. C. D. E. F. Failure by CPOA to request consultation or negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the City. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any other matters within the scope of negotiations, during the term of this Memorandum of Understanding. 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 Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 0 -5- ARTICLE 11. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum of Understanding: A. City's prhcipal authorized agent shall be the City Manager, or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714) 729-1181), except where a particular City repre- sentative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CPOA's principal authorized agent shall be its President or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714) 729-1181). ARTICLE 12. PROVISIONS OF LAW It is understood and agreed that this Memorandum of Under- standing is subject to all current and future applicable federal and state laws, federal and state regulations. provision of this Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regula- tions, 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. If any part or IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Under- standing the day, month and year first above written. City Attorney -4 - CPOA