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HomeMy WebLinkAbout1984-05-15; City Council; Resolution 76071 2 3 4 5 6 7 t? 9 1c 11 12 12 14 15 1E 17 1€ 15 2c 21 22 22 24 2E 2( 25 2€ RESOLUTION NO. 7607 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION WHEREAS, representatives of management and the Carlsbad Police Officers' Association have been conducting negotiations pursuant to the Meyers-Milias-Brown Act, regarding wages and other terms and conditions of employment for the period May 15, 1984 through March 23, 1986; and 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 public interest to accept such an agreement in the form of a Memorandum of Understanding, marked Exhibit A and incorporated by reference herein; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of 1. 2. //I /I/ /I/ I// //I I// //I 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 is hereby accepted. 1 2 3 4 5 6 7 e 9 ZC 11 12 12 14 1: 1E 17 9E 15 2c 21 2; 2; 24 2: 2( 2'; 2E PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 15th day of May, 1984, by the following vote, to wit: AYES : Council mrs Casler, Lewis, Chick and Presmtt NOES: None ABSENT: Council Medr Kulchh I- SLER, Mayor ATTEST: (SEAL) 0 EXHIBIT A, RESOLUTION NO. 7607 FINAL MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into as of the date of formal approval hereof by the City Council of the City of Carlsbad, by and between designated management repre- sentatives 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). PREAMBLE 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 agreement of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. ARTICLE 1. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CPOA. It is agreed that the City will act in a timely manner to make the changes in City ordin- ances, resolutions, rules, policies and procedures and those of the Police Department necessary to implement this Memorandum. ARTICLE 2. RENEGOTIATION 2.1 The parties agree that negotiations for a successor memo- randum of understanding shall begin by the exchange of written proposals by December 15, 1985. Pleeting and conferring sessions shall begin by January 10, 1986 and shall continue until agreement is reached or until February 20, 1986, whichever occurs first. If a mediator is to be used to assist the parties, then the mediator will be utilized by February 20, 1986. The parties agree that meeting and conferring shall conclude by March 15, 1986. If no agreement is reached by said date, then the City Council may act to resolve the impasse in accordance with the Employer-Employee Relations Ordinance (No. 1181) and corresponding Resolution (No. 3666). -1- 2.2 Unless the CPOA serves upon City full entire written pro- posals to amend, add to, delete or otherwise change any of the provisions of this Memorandum prior to December 15, 1985, this Memorandum shall constitute CPOA's full proposal for a successor agreement. 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 prior to January 10, 1986, this Memorandum shall constitute City's full proposal for a successor agreement. Notwith- standing the above, if federal or state governments take action that has direct effect upon areas which fall within meet and confer, the City and the Association may submit proposals concerning these areas at later dates. 2.3 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. ARTICLE 3. RETENTION OF BENEFITS Existing benefits contained in this Memorandum of Understanding shall not be changed during the term of this agreement without the mutual consent of the parties hereto. Existing benefits not set forth in this Memorandum which fall within the scope of representation shall not be changed by the City without advance notice and an opportunity to meet and confer regarding such change. The parties recognize and accept the concept of past practices as to matters within the scope of representation and agree to meet and confer regarding a change in any such prac- tices. ARTICLE 4. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum of Understanding: 4.1 City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (619) 438-5561) except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2 CPOA's principal authorized agent shall be its President or duly authorized representative (Address: Box 1392, Carlsbad, California 92008; Telephone: (619) 438-5515) and law firm of Thistle & Krinsky (Address: 110 West 'ICmm Street, 19th Floor, San Diego, California 92101; Telephone: (619) 231-4403). -2- ARTICLE 5. RECOGNITION The City recognizes CPOA as the majority representative of the bargaining unit that includes the classifications of Police Officer, Senior Police Officer, Sergeant, Recruit, Communicator and Records and Communication Supervisor. ARTICLE 6. SAVINGS CLAUSE 6.1 If any articles of this Memorandum of Understanding should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Memoran- dum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. 6.2 In the event of invalidation of any article or section, the City and the Association agree to meet within thirty (30) days for the purpose of renegotiating said article or section. ARTICLE 7. NONDISCRIMINATION 7.1 As a result of this Nemorandum of Understanding, 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 political or religious opinions or affiliations, or because of racial or national origin, or because of age or sex or physical handicap. 7.2 Neither City nor Association shall interfere with, intimi- date, restrain, coerce, or discriminate against employees covered by this Memorandum of Understanding because of the exercise of rights to engage or not engage in Association activity or because of the exercise of any right provided to the employees by this Memorandum of Understanding. ARTICLE 8. COMPENSATION ADJUSTMENTS 8.1 The parties agree to recommend the City Council amend the existing City salary plan adopted by Resolution No. 5549 to 1, provide for salary increases in the amounts and effective on the dates shown below: 8.1.1 Seven percent (7%) salary increase effective at the beginning of the first pay period after July 1, 1984. 8.1.2 Three percent (3%) salary increase effective at the beginning of the first pay period after January 1, 1985. -3- 8.2 For the purpose of determining the salary increase effective September 1, 1985, the parties agree to conduct a survey of salaries in the cities of Chula Vista, Coronado, Escondido, El Cajon, La Mesa, San Diego, National City and Oceanside and the County of San Diego (Sheriff's Office), subject to the following conditions: 8.2.1 The survey will be conducted during the month of September, 1985. 8.2.2 The survey will be conducted jointly. 8.2.3 The survey will determine the top merit step salary in the above jurisdictions for the class- ifications of police officer, sergeant and communicator (dispatcher). 8.2.4 If any of the above agencies has not concluded its negotiation process by September 1, 1985 and has not set salary rates for the ensuing fiscal year, then that agency shall be excluded from the survey. 8.2.5 The City of Carlsbad shall not be included in the survey or in any of the averaging discussed below. 8.3 Once the above survey has been conducted, salary adjustments will be made based on the following provisions: 8.3.1 The agency with the highest salary in each of the three survey classifications and the agency with the lowest shall be eliminated. 8.3.2 The salary schedules of the classifications of Police Officer, Sergeant and Communicator I1 shall be adjusted such that the top salary steps for each shall be equivalent to the average of the top merit steps of the corresponding classification in the survey conducted pursuant to the provisions above. Following such adjustment of the top step other steps shall be adjusted so as to maintain the pre-existing separation between steps. 8.3.3 The classification of recruit and senior police officer shall receive salary adjustments so as to maintain their prior separation in ranks between their classifications and that of police officer. 8.3.4 The classifications of Communicator I and the Records and Communicator Supervisor shall receive a salary adjustment so as to maintain the existing separation in ranks between this classification and that of Communicator 11. -4- 8.3.5 In no event will any employee suffer a decrease in salary on account of application of the survey formula set forth herein. 8.3.6 In the event that the salary adjustments for any classification are less than one percent (1%) of salary when the survey formula is applied here- under, the City shall not be under any obligation to adjust salary for that classification. ARTICLE 9. MANAGEMENT'S RIGHTS The rights of the City including but are not limited to the exclusive right to determine mission of its constituent depart- ments, commissions, and boards; set standards of service; determine procedures and standards of selection for employment and promotion; direct its employees, take disciplinary action; to relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of government opera- tions; determine the methods, means, and personnel by which government operators are to be conducted; determine the contents of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and technology of performing its work. In exercising these rights, the City shall comply with all applicable provisions of this Memorandum of Understanding. Nothing herein shall require the City to meet and confer over its exercise of rights hereunder. ARTICLE 10. GRIEVANCE PROCEDURE 10.1 Purpose. The purposes and objectives of the Grievance Procedure of the City of Carlsbad are: 10.1.1 10.1.2 10.1.3 10.1.4 To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. To encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary. To provide that appeals shall be conducted as informally as possible. -5- 10.1.5 To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. 10.1.6 This grievance procedure is applicable to all employee classifications represented by the CPOA in the Police Department of the City of Carlsbad. 10.2 Definitions. For the purpose of this grievance procedure the following definitions shall apply: 10.2.1 City Manager: The City Manager. 10.2.2 Assistant City Manager: An Assistant City Manager . 10.2.3 Department: An office, department or institution of the City. 10.2.4 Department Head or Head of a Department: The chief executive officer of a department. 10.2.5 Personnel Officer: The Personnel Officer or his authorized representative. 10.2.6 Employee or City Employee: Any officer or .. employee of the City, except an elected official. 10.2.7 Employee Representative: An individual who appears on behalf of the employee. 10.2.8 Grievance: A complaint of an employee or a group of employees arising out of an application or interpretation of existing rules, regulations, or policies which come under the control of a Department Head. 10.2.9 Immediate Supervisor: The individual who assigns, reviews, or directs the work of an employee. 10.2.10 Interested Party: An individual having pertinent and/or immediate knowledge of the circumstance out of which the grievance arose. 10.2.11 Supervisor: The individual to whom an immediate supervisor reports. 10.3 Reviewable and Non-Reviewable Grievances 10.3.1 To be reviewable under this procedure a grievance must: -6- (a) Concern matters or incidents that have occurred . (b) Result from an act or omission by management regarding working conditions or other aspects of employer-employee relations over which the head of the department has control. (c) Arise out of a specific situation, act or acts considered as being unfair which result in inequity or damage to the employee. (d) Arise out of an interpretation and applica- tion of Personnel System Rules and Regu- lations. 10.3.2 A grievance is not reviewable under this proce- dure : (a) If it is a matter which would require a modification of a policy established by the City Council or by law; (b) Is reviewable under some other administrative procedure and/or rules of the City of Carlsbad (See, e.g., Article 25 hereunder), such as: (1) Applications for changes in title, job classifications or salary. (2) Appeals from formal disciplinary proceeding. (3) Appeals from work performance evalua- t ions. 10.4 Special Grievance Procedure Provisions: The following special provisions apply to the grievance procedure. 10.4.1 Procedure for Presentation: In presenting his grievance the employee shall follow the sequence and the procedure outlined in Section 5 of this procedure. 10.4.2 Prompt Presentation: The employee shall discuss the grievance with an immediate supervisor promptly after (when grievant knew or should have known) the act or omission of management caused the grievance. -7- ,.- 10.4.3 Prescribed Form: The written grievance shall be submitted on a form prescribed by the Personnel Officer for this purpose. 10.4.4 Statement of Grievance: The grievance shall contain a statement of: (a) The specific situation, act or acts consider- ed to be unfair. (b) The inequity or damage suffered by the employee. (c) The relief sought. 10.4.5 Employee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any one time, unless he so desires. 10.4.6 Interested Parties: There shall be no limit placed upon the number of interested parties which may provide information during the hearing of a grievance at any step of the grievance procedure. 10.4.7 Handled During Working Hours: Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. 10.4.8 Extension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. 10.4.9 Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall be handled as a single grievance. 10.4.10 Settlement: Any grievance shall be considered settled at the completion of any step if the grievant is satisfied or if the grievant does not present the matter to a higher authority within the prescribed time. 10.4.11 Reprisal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal by the supervisor, superintendent, or -a- .. . department head, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Personnel Department. 10.5 Grievance Procedure Steps: The following procedure shall be followed by an employee submitting a grievance for consideration and action. 10.5.1 10.5.2 10.5.3 10.5.4 10.5.5 Discussion With Supervisor: The employee shall discuss his grievance with his immediate super- visor informally. Within seven (7) calendar days, the supervisor shall give a decision to the employee verbally. Step 1: If the employee and supervisor cannot reach an aareement as to a solution of the a grievance, the employee may within seven (7) calendar days present the grievance in writing to his supervisor who shall endorse his comments thereon and present it to his supervisor within seven (7) calendar days. The supervisor shall hear the grievance and shall give a written decision to the employee within seven (7) calendar days after receiving the grievance. Step 2: If the employee and supervisor cannot reach an agreement as to a solution of the grievance, the employee may within seven (7) calendar days present the grievance in writing to the department head. The department head shall hear the grievance and shall give the written decision to the employee within seven (7) calendar days after receiving the grievance. Step 3: If the employee and department head cannot reach an agreement as to a solution of the grievance, the employee may within seven (7) calendar days present his grievance in writing to the Personnel Board. A copy of said grievance shall also be presented to the Assistant City Manager who may conduct a meeting with the grievant and/or CPOA representatives to identify and clarify disputed issues and attempt to resolve the grievance prior to presentation of the grievance to the Personnel Board. Step 4: If the matter is not otherwise resolved, the Personnel Board shall, within thirty (30) calendar days after receipt of the appeal, hear the ameal and render an advisory opinion to the LL -9- City Manager. The City Manager shall, within fourteen (14) calendar days advise the employee of final action. ARTICLE 11. STAND-BY TIME PAY Due to staff limitations, it may be necessary for Chief of Police to schedule employees to be on stand-by, to handle overtime work which may arise during other than normal working hours. Stand-By is defined as time in which an employee is required, by the Chief of Police or designee, to remain at his/her residence or be at a place where said employee can be reached by phone and be within thirty minutes response capability so that he/she may immediately respond to any calls received. An employee will be compensated for stand-by time at the rate of Ten Dollars ($10.00) per 24 hours or fraction thereof. Employees on stand-by, called to perform work, will be compensated for all actual hours worked in accordance with overtime and call-back rules. ARTICLE 12. TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence upon formal approval of this document by the City Council of the City of Carlsbad and shall continue until March 23, 1986. The parties hereto agree with the concept of having the terms of future Memoranda of Understanding correspond to City pay periods. ARTICLE 13, BASIC WORK WEEK/WORK DAY 13.1 The official work week shall being on each Sunday at 11:Ol p.m. and shall end on Sunday of the following week at 11:OO p.m. Except as may be otherwise provided, an employee who occupies a full-time permanent position shall work forty (40) hours in each week including meals and rest breaks, 13.2 Employees working a five day 40 hour week (designated 5/81 shall work eight hours per day for five days in any work week and shall receive two consecutive days off within that work week . 13.3 In accordance with existing practice all full-time shift employees shall be given two (2) fifteen-minute rest periods and a one-half hour lunch break per shift without loss of pay. 13.4 The City and the Association shall set up a committee to investigate the possibilities of implementing a 4-10 plan for the Carlsbad Police Department and said committee shall prepare its report by January 1, 1986. -10- . '. ARTICLE 14. COURT PAY 14.1 Off-duty personnel who appear in court pursuant to an official request from a legally constituted body regarding matters arising out of, or associated with, their employ- ment shall be compensated at the overtime pay rate, with the following minimum hour guarantees: Four (4) hours - Appearances in San Diego area courts appearances in North County courts by personnel while regularly scheduled to work graveyard shift. Three (3) hours - Appearances in North County courts. 14.2 When personnel are required to appear in San Diego area courts, are held over during the normal lunch break for further appearance after lunch, they shall be entitled to credit for the lunch break as time worked. 14.3 When available, Carlsbad Police Department vehicles shall be used for employee transportation. If not available, employees shall be reimbursed for mileage and expenses as set out in Council Policy Statement of the City of Carlsbad titled "Travel Policy" with an effective date of 2/2/83, including any subsequent changes to this policy. ARTICLE 15. SICK LEAVE 15.1 Sick leave with pay shall be granted to all probationary and permanent employees within the merit system at the rate of one work day for each calendar month of service. Any such leave accrued but unused in any year shall be cumula- tive for succeeding years. 15.2 Sick leave shall not be considered as a privilege which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disabi- lity. Any abuse of sick leave is cause for disciplinary action by the appointing power. Employees eligible for sick leave shall be granted such leave when they are incapacitated for performance of their duties by sickness, injury, or for medical, dental, or optical examination or treatment, or when a member of the immediate family of the employee is afflicted with an illness and requires the care and attendance of the employee, or when, through exposure to contagious disease, the presence of the employee at his post of duty would jeopardize the health of others. 15.3 The term "contagious disease" means disease or illness subject to quarantine or required isolation or restriction of movement of the patient for a particular period in accordance with regulations prescribed by the local health authorities having jurisdiction. If no definite time -11- period is specified by the regulations, the period shall be determined by the attending physician. When sick leave is granted under these circumstances, an explanatory medical certificate from the physician is required. 15.4 An employee who is absent on account of sickness must notify his supervisor as early as practicable on the first day of such absence, or as soon thereafter as possible. Requests for sick leave or medical, dental, or optical examinations must be approved in advance by the supervisor. Any grant of sick leave in excess of three consecutive work days must be supported by a medical certificate. When the period of absence is for three (3) consecutive work days or less, the Personnel Office shall accept the employee's certification as to the reason for absence. Nothing herein shall preclude the City from taking appropriate action in the event of abuse of sick leave. 15.5 Written applications for sick leave must be filed with the supervisor within the pay period in which the employee returns to duty. 15.6 Any eligible employee who is absent from work by reason of attendance upon members of the employee's or spouse's immediate family whose illness requires the care of such employee, or a death in the immediate family of the employee, or employee's spouse's family shall be allowed. Immediate family shall include husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, stepparent, or any person serving as a parent, or who has served as a parent, grandmother, grandfather, or any other person living in the same household as the employee or the employee's spouse's immediate family. In the case of a death of an employee's or employee's spouse's immediate family, an employee shall be allowed up to a maximum of five (5) work days off, except the City may, under extreme circumstances, grant additional time off. 15.7 An employee who is required to take a physical examination in connection with induction or enlistment in the Armed Forces is not charged leave for the time necessary to complete the examination. Members of the military reserve who are recalled to active duty are placed on pay status with the branch of the Armed Forces for the time required to take the physical examination and, therefore, must be charged leave or leave without pay for that purpose. Employees making a donation of blood without charge will be given reasonable time off for that purpose. No charge will be made against annual or sick leave when such absence is approved in advance by the supervisor. Sick leave entitle- ment to medical and dental calls during working hours shall be authorized. For the purposes of computing sick leave, employment shall be considered to have commenced on the first day of the first full calendar month of employment. -12- Holidays occurring during sick leave shall not be counted as sick leave. Sick leave shall not be taken as vacation time, nor compensated for in cash at any time, except as defined in this article. 15.8 Notwithstanding anything in this section to the contrary, local safety employees are not entitled to sick leave for any job related illness, injury or other occurrence which entitles the employee to benefits under S4850 of the Labor Code (hereinaf Ger -!I4850 benefits") . The City Manager may authorize use of sick leave after 4850 benefits are exhausted for job-related illness or injury if he/she determines that: 15.8.1 The injury is not permanent and stationary. 15.8.2 The use of sick leave will not extend the effec- tive date of the employee's retirement. 15.8.3 The employee is physically unable to work and there is a reasonable probability he/she may return to work. 15.9 Allowance for Occupational Sick Leave. Leave with pay for injuries sustained in the line of duty shall be granted as f 01 lows : 15.9.1 A non-sworn employee absent because of injury received in line of duty is charged either sick or annual leave if the period of incapacitation exceeds ninety (90) calendar days and receives no credit for either annual or sick leave for the period of incapacitation that exceeds ninety (90) calendar days. The City will supply the differ- ence between the allowance granted by the insur- ance and the amount the employee would ordinarily receive for the period of incapacitation not to exceed ninety (90) calendar days. Thereafter during such absence he/she may elect to apply prorated accrued sick or annual leave to such absence and to receive compensation therefor in the amount equal to the difference between the compensation to which he is entitled under the Workers' Compensation Act and his regular pay, not to exceed the amount of his earned sick or annual leave. In figuring the benefits paid by insur- ance, wage benefits alone shall be considered and medical and hospital benefits shall be excluded. 15.9.2 A local safety member shall be entitled to the benefits of Section 4850 of the Labor Code. Upon expiration of the one year contemplated by Section 4850, if the member has not been retired, the City Manager shall determine the member's eligibility -13- for using sick leave, vacation or other leave, as provided by Section 15.8 hereof. Except as expressly approved under this article, a local safety member shall not be entitled to such leave in lieu of or in addition to the leave of absence with pay authorized by Section 4850, nor for any job related injury or other occurrence which entitles the employee to benefits under Section 4850. The City will supply the difference between the allowance granted by the insurance and the amount the employee would ordinarily receive for the period of incapacitation not to exceed one full calendar year under Section 4850. 15.10 Sick Leave Conversion. Any permanent employee who has accrued and maintains a minimum of one hundred sixty (160) hours of sick leave shall be permitted to convert up to fifteen (15) day of accumulated uncompensated sick leave to vacation at a ratio of three (3) sick days per one (1) day of vacation, The sick leave conversion option will be provided during the first week of each fiscal year. 15.11 Any permanent employee applying for retirement with the Public Employers' Retirement System may convert accrued and unused sick leave time to extend service time in the system at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service. ARTICLE 16. ASSOCIATION RIGHTS 16.1 16.2 16.3 The City recognizes the right of the Association to govern its internal affairs , The parties to this Memorandum of Understanding fully support the concept of the Public Safety Officers' Pro- cedural Bill of Rights Act, Sections 3300, et seq., of the Government Code, attached hereto as Exhibit A. Upon the receipt of a written request and authorization from an employee for deduction of Association dues and other lawfully permitted deductions, the City shall withhold such dues and deductions from the salary of the employee and remit the withholdings to the Association. The City shall continue to withhold such deductions unless the employee files a statement with the City withdrawing authorization for the continued withholding of the deduc- tions during the month of March of any year covered by the term of this Memorandum of Understanding. The effective date of withholding, time of remitting withholdings to the Association, and all procedural matters shall be determined in accordance with the Rules and Regulations of the City. -14- ... 16.4 The Association shall provide and maintain with the City a current list of the names and all authorized representa- tives of the Association. An authorized representative shall not enter any work location without the consent of the Chief of Police or his designee or the City Manager or his designee. The Chief of Police or his designee shall have the right to make arrangements for a contact location removed from the work area of the employee. 16.5 The Association shall be allowed to designate employee representatives to assist employees in: 16.5.1 Preparing and processing grievances; 16.5.2 Preparing and presenting material for Disciplinary Appeals hearings; 16.5.3 Preparing and presenting material for any matter for which representation is granted pursuant to the provisions of California Government Code Sections 3300, et seq., known as the Public Safety Officers' Procedural Bill of Rights Act. 16.6 The Association may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee represen- tative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare, or present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend Personnel Board or City Council hearings during their off-duty time shall do so on their own time; pro- viding, however, that employees who are ordered or sub- poenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum of Understanding. J 16.7 Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations. 16.8 Designated employee representatives requesting time off under this Article shall direct such request to his/her immediate supervisor in writing within a reasonable time prior to the date requested, in order to assure that the department meets its staff needs and to assure sufficient coverage of departmental assignments. 16.9 The City will continue to furnish the bulletin board space in the "trailer" of the Police Department for the exclusive use of the Association. Material placed on said bulletin -15- boards shall be at the discretion of the Association and shall be removed by management only in the event the material is obviously offensive to good taste, defamatory, and shall be removed only on prior notification to an Association representative. The Association shall be responsible for maintaining bulletin boards exclusively used by the Association in an orderly condition and shall promptly remove outdated materials. 16.10 Use of City Facilities 16.10.1 16.10.2 16.10.3 The Association may, with the prior approval of the City Manager, be granted the use of the City facilities for off-duty meetings of the Police Department employees provided space is available. All such requests will be in writing to the City manager. The Association may, with the prior approval of the Chief of Police, be granted the use of policya facilities for off-duty meetings of the Police Department employees, provided space is available All such requests will be in writing to the Chief of Police. In the event the Chief of Police denies use of Police Department facilities, an appeal may be made to the City Manager. The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards, is strictly prohibited, the presence of such equipment is approved City facilities notwith- standing. ARTICLE 17. OVERTIME PAY 17.1 17.2 An employee working a five 8 hour day (40 hour week) and required to work overtime shall be compensated at an overtime pay rate of time and one-half for all hours worked in excess of forty (40) in any work week. Said employees shall have the option of taking comp time in lieu of overtime pay up to the existing maximum of eighty (80) hours of comp time on the books, after which the employees shall be required to accept pay for overtime. If an employee is required to work on the employee's regularly scheduled day off, and working this day would cause the employee to exceed the forty hour work week, he/she shall receive overtime pay or comp time, at the employee's option, subject to the comp time limitation described in Section 1. -1 6- ARTICLE 18. CALL BACK PAY If an employee is required to return to his/her place of employ- ment after he/she has completed a normal work day, he/she shall receive overtime pay for a minimum of two (2) hours at time and one-half (three E31 hours pay) or the actual number of hours worked, whichever is greater. Said employee shall have the option of taking comp time in lieu of call-back pay. ARTICLE 19. SENIORITY 19.1 The seniority of an employee shall be based upon the number of calendar months of continuous service in the Carlsbad Police Department. An employee who is dismissed for cause shall lose all seniority credited to him/her prior thereto, and subsequent reemployment of the employee shall not restore the seniority so lost. Any employee laid off after acquiring permanent status shall, after reinstatement, regain the seniority credit he/she possessed at the time of layoff if said employment is within twenty-four (24) months. 19.2 Leaves of absence in excess of thirty (30) continuous days shall not be credited to continuous service. ARTICLE 20. 20.1 20.2 20.3 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 his employment as an employee of 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 pro- vision 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. -17- ARTICLE 21. PEACEFUL PERFORMANCE OF CITY SERVICES 21.1 21.2 21.3 During the term of the agreement, the CPOA, its represen- tatives, or members shall not engage in, cause, instigate, encourage, or condone a strike or work stoppage of any kind against the City of Carlsbad. During the term of this Agreement, the City will not instigate a lockout over a dispute with the employee. As used in this section "strike or work stoppage" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstain- ence in whole or in part from the full, faithful per- formance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the condi- tions of compensation, or the rights, privileges or obligations of employment. ARTICLE 22. DISCIPLINE OF AN EMPLOYEE 22.1 The City may only discipline permanent employees for just cause. In the case of disciplinary action involving suspension, demotion, or discharge, the employee shall be given notice of the action to be taken, the evidence or materials upon which the action is based, and an oppor- tunity to respond to the City Manager or designee either orally or in writing within seven (7) calendar days of the notice of the action. The above process will occur prior to the imposition of the discipline. 22.2 All employees have the right to appeal their discipline according to the appeal procedure as set out hereafter. Written notice of discipline shall inform and remind the disciplined employee of this right. 22.3 Once discipline has been imposed, the Chief of Police or his designee shall specify the period of time, from one to four years, that said discipline will remain in the affected employee's personnel records. At the end of said designated period of time, the disciplinary action shall be removed from the employee's personnel file. Nothing herein / shall prevent the evidence of such disciplinary action from being maintained in any file other than the employee's personnel file. Nothing herein shall prevent the use in later proceedings of evidence of such prior disciplinary action when there has been later discipline imposed for similar performance or misconduct or there has been cumulative activity conduct reflecting a pattern of similar performance or misconduct. 22.4 Nothing herein shall be construed to require "cause" or "just cause" for the rejection of a probationary employee prior to the expiration of the probationary period. A -18- probationary employee rejected during the probationary period shall not be entitled to appeal such rejection to the Personnel Board, but shall be entitled to an adminis- trative appeal under Section 3304(b) of the Government Code. Such administrative appeal shall consist of the procedure described in Section 22.1 hereof. 22.5 Right of Appeal. Any employee in the competitive service shall, within seven (7) calendar days, have the right to appeal to the Personnel Board any disciplinary action, interpretation or alleged violation of the personnel ordinance, except in instances where the right of appeal is specifically prohibited by the personnel ordinance or this Article. 22.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the personnel officer, who shall, within ten (10) calendar days after receipt of the appeal, inform each member of the action desired by the appellant, with his reasons therefore. The formality of a legal pleading is not required. 22.7 Notice. Upon the filing of an appeal, the personnel officer shall set a date for the hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days from the date of filing. The personnel officer shall notify all interested parties of the date, time and place of the hearing at such places as the Personnel Board shall prescribe. 22.8 Hearings. The appellant shall appear personally unless physically unable to do so, before the Personnel Board at the time and place of the hearings. He may be represented by any person or attorney as he may select and may at the hearing produce on his behalf relevant oral or documentary evidence. The City shall state its case first and, at the conclusion, appellant may then present evidence. Rebuttal matter not repetitive may be allowed in the discretion of the Personnel Board. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Personnel Board by its chair- man, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be con- ducted according to technical rules relating to evidence and witnesses. Hearings shall be closed unless the appellant, in writing, requests an open hearing. 22.9 Findings and Recommendations. The Personnel Board shall, within ten (10) calendar days after the conclusion of the hearing, certify its findings and decision in writing to the City Council and to the appellant. The City Council shall review the findings and recommendations of the Personnel Board and may then affirm, revoke or modify the action taken as, in its judgment, seems warranted, and the -19- ~ .- action taken shall be final. Any member of the Personnel Board may submit a minority or supplemental finding and recommendation. In case of suspension, discharge or demotion the appointing power shall reinstate any employee to his former status if proof is made that the action was for discriminatory reasons. ARTICLE 23. PROBATIONARY PERIOD 23.1 For sworn personnel, the entry level probationary period shall be one year from the date the employee is sworn as an officer. For non-sworn personnel, the entry level proba- tionary period shall be one year from the date of hire. The probationary period will permit both the supervisor and the employee to become acquainted and to determine the adapta- bility and fitness of the employee of the assigned work. The employee will find this period helpful in evaluation of the City, his duties, his work and other satisfaction. 23.2 All personnel promoted within the department shall be on probation in the promotional position for a period of one year from the date of promotion. ARTICLE 24. RETIREMENT BENEFITS. 24.1 The City agrees to continue to pay the employer's contri- bution rate required by the Public Employees' Retirement System to maintain the current level of benefits for employees covered by this Memorandum of Understanding during the term of this Memorandum of Understanding. 24.2 The City will continue to pay,on behalf of all represented employees six percent (6%) of the employee's retirement contribution to PERS. ARTICLE 25. HEALTH INSURANCE 25.1 During the term of this Memorandum, employees will pay for any increases in medical insurance premiums up to the following maximum monthly amounts: 25.1.1 Fiscal year 1984-1985: / (a) $5 per employee for employee only coverage. (b) $7 per employee for employee plus one (1) dependent. (c) $10 per employee for employee plus two (2) dependent. -20- 25.1.2 Fiscal year 1985-1986: (a) An additional $5 per employee for employee only coverage. (b) An additional $7 per employee for employee plus one (1) dependent. (c) An additional $10 per employee for employee plus two (2) dependents. 25.2 Represetatives of CPOA agree to participate actively on the Health Committee for the purpose of analyzing the benefit of all health insurance with a view towards cost contain- ment. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Under- standing to be effective as stated herein. CITY OF CARLSBAD (City) City Manager CARLSBAD POLICE OFFICERS ASSOCIATION (CPOA) R ALAb Pr6sident -21-