HomeMy WebLinkAbout1986-04-22; City Council; Resolution 8519.. *.
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RESOLUTION NO. 8519
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-Millias-
Brown Act, regarding wages and other terms and conditions of employment for
the period March 24, 1986 through June 30, 1988; 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
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Memorandum of Understanding between the Carlsbad Police
Officers' Association and representatives is hereby accepted.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 22nd day of April, 1986, bythe following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES : None
ABSENT: None
ATTEST :
ALETHA L22QXdd- L. RAUTENKRANZ, City Clerk
(SEAL)
.- a.
MEMORANDUM OF UNDERSTANDING
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This Memorandum of Understanding is made and entered into as of the date of
formal approval hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad
(hereinafter referred to as the "City") and the designated representatives of the Carlsbad Police Officers' Association (hereinafter referred to as "CPOA").
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as
"Memorandum") to pranote and provide for harmonious relations, cooperation and
understanding between the City management representatives ad 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 Memorardum; and to set forth the agrement of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employement of the employees covered under this
Memorandum, hich agreement the parties intend jointly to submit and recanmend for City Council approval and implementation.
ARTICLE 1. IMPLEMENTATION
This Memorandum consitutes a mutual recanmendation to be jointly submitted to
the City Council following ratification of the Memorandum by the membership of
CPOA.
changes in City ordinances, resolutions, rules, policies and procedures ad
those of the Police Department necessary to implement this Memorandum.
It is agreed that the City will act in a timely manner to make the
ARTICLE 2. RENEGOTIATION
2.1 The parties agree that negotiations for a successor memorandum of
understanding shall begin by the exchange of written proposals by March 1,
1988. Meeting and conferring sessions shall begin by April IO, 1988 and
shall continue until agreement is reached or until May 20, 1988, whichever
occurs first. If a mediator will be used to assist the parties, then the
mediator will be utilized by May 20, 1988. The parties qree that meeting
and conferring shall conclude by =lune 15, 1988. If no qreement 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 correspording Resolution (No. 3666).
2.2 Unless the CPOA serves upon City full entire written proposals to mend,
add to, delete or otherwise change any of the provisions of this Memorandum prior to March 1, 1988, 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 April IO, 1988, this Memorandum shall constitute City's full proposal for a successor
agreement. Notwithstanding the abwe, if federal or state goverrments
take action that has direct effect upon areas which fall within meet and confer, the City ad the Association may submit proposals concerning these areas at later dates.
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2.3 If neither party requests a reopening for the purpose of renegotiation,
all conditions of this Memorandum renain in full force and effect for one
year frS->the date it would have teninated.
ARTICLE 3. RETENTION OF BENEFITS
Existing benefits contained in this Memorandum of Understading 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.
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 practices.
The
ARTICLE 4. ATHORIZED AGENTS
For the purpose of administering the tenns and provisions of this Memorandum of
Understanding:
4.1 City's principal authorized agent shall be the City Manqer or a duly authorized representative (Address:
92008; Telephone: (619) 438-5561) except here a particular
representative is specifically designated in connection with the
performance of a specific fmction or obligation set forth herein.
1200 Elm Avenue, Carlsbad , California
4.2 CPOA's principal authorized agent shall be its President or duly authorized representative (Address: 92008; Telephone: (619) 438-5515). P.O. Box 1392, Carlsbad, California
ARTICLE 5. RECOGNITION
The City recognizes CPOA as the majority representation of the bargaining unit
that includes the classifications of Police Officer, Senior Police Officer ,
Sergeant, Recruit, Cmmunicator and Records ard Communications Supervisor.
ARTICLE 6. SAVINGS CLAUSE
6.1 If any articles of this Memorandum of understanding should be found irwalid, unlawful or unenforcezble by reason of any existing or subsequent enacted legislation or by judicl authority, all other articles and sections of this Memorandum of Understanding shall remain in full force
ad 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 o this Memorandum 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.
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7.2 Neither City nor Association shall interfere with, intiaidate, restrain, coerce, ;os discAninate against anployees cwered by this :+lanorandurn of
Understanding because of the exercise of rtghts to ergage or not eqage in
Association activity or because of the exercise of any right provided to
the employees by this Mmorardum of Understardirg .
ARTICLE 8. COMPENSATION ADJUSTMENTS I- ---
8.1 The parties agree to recammend the City Council amerd the existing City
salary plan adopted by Resolution No. 5549 to prwide for salary increases in the amounts and effective on the dates siwwn below:
5.1.1 Three percent (3%) salary increase effective March 24, 1986.
8.2 For the purposs of detemining the salary increase effective Septernbcr 1, 1996, the parties agree to conduct a survey of salaries in the cities of
Chula Vista, Coronado, Escordido, El Cajon, La Mesa, San Diego, National City and 0ceanside.and the County of San Diqo (Sheriff’s Office), subject to “Lie Following conditions:
8.2.1 The survey will be corducted during the month of Septenber, 1386.
8.2.2 The survey will be corducted jointly.
. 8.2.3 The wrvey will detenine the top merit stq salary in the above
jurisdictions for the classiflcations of police officer.
8.2.4 If any of the &we agencies has oat concluded its negotiation
process by September 1, 1986 and has not set salary rates for the
ensuing fiscal. year, then that agency shall be excluded frm the
survey.
of the averaging discussed ~~XQW.
8.2.5 The City of Carlsbad shall not be included in the survey or in any
8.3 Once the above survey has Seen conducted, salary adjustments will !?T nade
based on the following provisions:
8.3.1 The agency with the highest salary in the survey classification
and the agency with the lowest shall be elhinated.
The salary schedule of the classifications of Police gfficer shall
be adjusted such that the top salary step shall be equivalent to
the average of the top merit steps or the corresponding
classification in the survey conducted pursuant to the prwisions
above. Following each adjusLU.it3rit of the top step other steps
shall be adjusted so as to maintain the pre-existtq separation
between steps.
8.3.2
8.3.3 The classifications of recruit, sei\loc police officer, sergeant
aid Cmmunicator II shall receive salary adgusLnents so as bo
maintain their prior separation in ranks between thelr
classifications and that of police officer.
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8.3.4 The classifications of Cmmunicator I and the Records and Communicator Supervisor shall recsive a salary adjustment so as u
maintain the existirg separation in ranks between this
classification and that of Cmmmicator 11.
In no event will any rt.nployee suffer a decrease in salary on account of application of the survey formula set forth herein.
Iri the event that the salary adjustments for any classification are less tSnn one percent (1%) of salary when the survey formula
is applied herander, the City shall not be under any obugation to adjust salary for that classti'ication.
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8.3.5
8.3.6
8.4 The above described survey and adjustment process shall be utilized on September 1, 1987 to determine salary increases hich will be effective as
of July 1, 1987.
8.5 To correct an inequity that the parties acknowledge arose under a prior agreement, the parties agree to a s,mcial, onetime equity adjustment
which will increase the sped between "E" step of t~k senior officer
classification and "9" step of the sergeant classification to five percent
(5%)
ARTICLE 9. MANAGEMENT'S RIGHTS
The rights of the Clty including but are not limit4 to the exclusive right to
determine mission of its constituent departments, cmmissions, and boards; set
standards of service; determine procedures ad standards of selection for
employnent and prunotion; direct its mpl.oyecs, take discip'linary action; to
relieve employees fran duty because of iac>k of work or other legitimate reasons;
aaintain the ef Ficiency of gover~iierit oprations; determine the methods, means,
and personnel by which governnent operations are to be conducted; determine the
contents of job classiflcations; take all necessary actions to carry out its mission in emergencies; and exercise canplete control ad discretion over its organization and technology of performing its work. In aericising these
rights, the City shall c.mply with all applicable provisions of this blemorandum of Understanding. its exercise of rights hermnder.
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Nothing herein shall require the City to meet and confer over
ARTICLE 10. GRIEVANCE PROCEDURE - -- - m.Y
10,l Pur ose. The purposes and objectives of the Grievance Procedure of the
Carlsbad are:
10.1 .I To pranote impraved employer-enployee relations by establishing
grievance procedures on matters hc diich appeal. or hearing is not provided by other regulatians.
To assure fair and equitable treatment of all enployees and pranote harmonious rdatlons anong mployees, supervisors and ma nag eme nt . 10.1.2
10,1.3 To encourage the settlement of disagreanents infomally at the
employee-supervimc level and provide an orderly procedure to
handle grievances throughout the several supervi.mcy levels where
n zces sar y .
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10.2
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10.1.4 To provide that appeals shall be conducted as informally as
possible. -_
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 canplaints.
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.
DefinitiQns.
definitions shall apply:
For the purpose of this grievance procedure the following
10.2.1
10.2.2
10.2.3
10.2.4
10.2.5
10.2.6
10.2.7
10.2.8
10.2.9
City Manager: The City Manqer.
As-sistqnt City Manager:
Department:
Department Head or Head of. a Department: The chief executive
officer of a department.
An Assistant City Manqjer.
An office, department or institution of the City.
Persontel Officer:
representative.
The Personnel Officer or his authorized
Employee or City Emgloyee:
except an 'elected official . Any officer or employee of the City,
Emplyee Repres-entative: the employee. An individual Hho appears on behalf of
L Grievance:
arising out of an application or interpretation of existing rules, regulations, or policies d-iich cane under the control of a
Department Head.
Immediate Supervisor: The individual Hho assigns, reviews, or
directs the work of an employee.
A complaint of an employee or a group of employees
10.2.10 1nteresf;ed Party,:
10.2.11 Supervi.sor:
An individual having pertinent and/or immediate
knowledge of the circumstances out of which the grievance arose.
The individual to +om an immediate supervisor reports.
Reviewable and Non-Reviewable Grievances
10.3.1 To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred.
(b) Result from an act or omission by manqement regarding working conditions or other aspects of employer-employee relations over nhich the head of the department has control.
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(b) Result frm an act or omission by management regarding
working corditions or other aspects of employer-,employee relations over hich the head of the department has control. - -_ ,
(c) Arise out of a specific situation, act or acts considered as
being unfair vhich result in inequity or damage to the
employee.
Arise out of an interpretation and application of Personnel System Rules and Regulations, (d)
10.3.2 A grievance is not reviewable under this procedure:
If it is a matter &ich would require a modification of a
policy established by City Council or by law;
Is reviewable under some other administrative procedure
and/or rules hereunder), such as: of the City of Carlsbad (See, e.g., Article 25
Applications for changes in title, job classification or
s al ary.
Appeals fran formal disciplinary proceeding.
Appeals fran work performance evaulations.
10.4 Special Grievance Procedure Provjsions: The following special provisions
apply to the grievance procedure.
10.4.1
10.4.2
10.4.3
10.4.4
10.4.5
Procedure for Presentation: In presenting his grievance the
employee shall follow the sequence ad the procedure outlined in Section 5 of this procedure.
Prompt Presentation: with an immediate supervisor prunptly after (when grievant knew or
sbuld have known) the act or omission of manqement caused the
grievance.
The employee shall discuss the grievance
Prescribed Form: form prescribed by the Personnel Officer for this purpose,
The written grievance shall be submitted on a
Statement of Grievance:
of:
The grievance shall contain a statement
(a)
(b)
The specific situation, act or acts considered to be unfair.
The inequity or damage suffered by the employee.
(c) The relief sought.
Employee Representative:
remesentative at any step in the procedure. No person hearinq a The employee may choose someone as a
grievance need recognize more than'one representative for any one time, unless he so desires.
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10.4.6
10.4.7
10.4.8
10.4.9
10.4.10
10.4.11
Interested Parties: There shall be no
number of interested parties vhich may -- -the hearing of a grikance at any step
pr ocedur e.
limit placed upon the
provide information during
of the grievance
Handled During Working yours:
be handled during the regularly scheduled working hours of the
parties involved.
Extension of Time:
taken or a decision made as specified in this procedure may be
extended by mutual written consent of the parties invovled. A
statement of the duration of such extension of the must be signed
by both parties involved at: the step to be extended.
Consplidation of G-rievances: 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.
Whenever possible, grievances will
The time limits within nhich action must be
Settlement: Any grievance shall be considered settled at the
canpletion of any step if the qrievant is satisfied or if the
grievant does not present the matter to a higher authority within the prescribed time.
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 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 emploGubmitting a grievance for consideration and action.
10.5.1
10.5.2
10.5.3
Discussion With Supervisor:
arievance with his immediate suoervisor informallv. Within seven
The employee shall discuss his
17) calendar days, the supervisor shall give a decision to the employee verbally.
If the employee ad 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 his supervisor Mho shall endorse his cmments thereon and present it to his supervisor within seven (7) caledar 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: 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
If the employee and supervisor cannot reach an agreement
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shall give the written decision to the employee within seven (7)
-cplendar days after receiving the grievance. -_
10.5.4 Step 3: If the employee and department head cannot reach an
agreement as to a solution of the grievance, the employee within
seven (7) calendar days may present his grievance in writing to
the Personnel Board.
presented to the Assistant City Manqler Hho may corduct 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.
Baord shall, within thirty (30) calendar days after receipt of the
appeal., hear the appeal and render an advisory opinion to the City
Manager. days advise the employee of the final action.
A copy of said grievance shall also be
10.5.5 ,Step 5: If the matter is not otherwise resolved, the Personnel
The City Manager shall, within fourteen (14) calendar
ARTICLE 11. STANQ-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.
employee is required, by the Chief of Police or designee, to remain at hisfher
residence or be at a place &ere 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 cunpensated for stand-by time at the rate of Ten Dollars ($10.00) per 24 hours or fraction thereof. 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
Stand-By is defined as time in which an
Employees on
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 3une 30, 1988. The parties hereto agree with the concept of having the terms of future Memoranda of Understanding corresponding to City pay periods.
ARTICLE 13.
13.1
13.2
13.3
BASIC WORK WEEK/WORK DAY
The official work week shall begin on each Sunday at 11:Ol p.m. ad shall end on Sunday of the following week at 11:OO p.m. Except as may be
otherwise provided, an employee Hho occupies a full-time permanent
position shall work forty (40) hours in each week including meals and rest breaks
Employees working a five day 40 hours 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.
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.
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ARTICLE. 14. COURT PAY
14.1 Off-duty-personnel Ht\o appear in court pursuant to an official request
from a legally consituted body regarding matters arising out or, or associated with, their employment 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 Hhile ragularly scheduled to work graveyard shift.
Three (3) hours - Appearances in North County courts.
over during the normal lunch break for further appearance after lunch,
they shall be entitled to credit for the lunch break as time worked.
14.2 When personnel are required to appear in San Oiego area courts, are held
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 Carlshad titled "Travel Policy" with an effective date of 2/2/83,
including any subsequent changes to this policy.
ARTICLE. 11, 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.
shall be cumulative for succeeding years,
Any such leave accrued but unused in any year
15.2 Sick leave shall not be considered as a privilege Mhich an employee may
use at his discretion, but shall be allowed only in case of necessity and
actual sickness or disability. Any abuse of sick leave is cause for
disciplinary action by the appointing power, Employees eligible for sick
leave shall be grakted such leave hen they are incapacitated for
performance of their duties by sickness, injury, or for medical, dental, or optical examination or treatment, or &en a member of the immediate
family of the employee is afflicted with an illness and requires the care
and attendance of the employee, or &en, through exposure to contagious
disease, the presence of the employee at his post of duty would jeopardize
the health of others.
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 period is specified by the regulations, the period shall be determined by the
attending physician. Wen sick leave is granted under these
circumstances, an explanatory medical certificate frun the physician is
required.
15.4 An employee Hho 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. or optical examinations must be approved in advance by the supervisor.
15.3
Requests for sick leave or medical, dental,
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Any grant of sick leave in excess of three (3) consecutive work days must be supFrted by a medical certificate. Wen the period of absence is for three (33- 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 fran 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 vrho is absent fran 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. family shall include husband, wife, child, stepchild, brother,
stepbrother, sister, stepsister, parent, stepparent, or any person serving as a parent, or Hho has served as a parent, grandmother, gradfather, or
any other person living in the same household as the employee or the
employee's spouse's immediate family.
employee's or employee's spuse'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 &o 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 canplete the examination. Members of the military
reserve d-10 are recalled to active duty are placed on pay status with the branch of the Aned 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. against annual or sick leave hen such absence is approved in advance by
the supervisor.
working hours shall be authorized.
leave, employment shall be considered to have canmenced on the first day of the first full calendar month of employment.
Holidays occurring during sick leave shall not be counted as sick leave. Sick leave shall not be taken as vacation time, nor canpensated for in
cash at any time, except as defined in this article.
15.8 Notwithstanding anything in this section to the contrary, local safety
Immediate
In the case of death of an
No charge will be made
Sick leave entitlement to medical and dental calls during
For the purposes of canputing sick
employees are not entitled to sick leave for any job related illness,
injury or other occurrence Hhich entitles the employee to benefits under
fj4850 of the Labor Code (hererinafter "4850 benefits"). The City Manqer
may authorize the 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 effective date of the
employee's retirement.
The employee is physically unable to work and there is a
reasonhle probability he/she may return to work. 15.8.3
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15.9 -.IcI Allowance for Occupational Sick Leave.
sustained,in the line of duty shall be granted as follows:
Leave with pay for injuries
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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 (YO) 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 difference between the allowance granted by the
insurance and the amount the employee would ordinarily receive for
the period of incapacitation not to exceed ninety (YO) calendar
days. Thereafter during such absence he/she may elect to apply
prorated accrued sick or anrwal leave to such absence and to
receive canpensation therefor in the amount equal to the
difference between the canpensation to Hhich 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 insurance, wage benefits alone shall be considred
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.
contemplated by Section 4850, if the member has not been retired,
the City Manqer shall detennine the member's eligibility for
using sick leave, vacation or other leave, as prwided 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.
Upon expiration of the one year
15.10 Sick Leave Conversion. Any permanent employee Hho has accrued and
maintains a minimum of one hundred sixty (160) hours of sick leave shall
be permitted to convert up to fifteen (15) days of accumulated uncanpensated sick leave to vacation at a ratio of three (3) sick days per one (1) day of vacation,
provided during the first week of each fiscal year. The sick leave conversion option will be
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,
ARTJCLE 16. ASSOCIATION RIGHTS
16.1 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' Procedural Bill of Rights Act, Sections
3300, et seq., of the Goverment Code, attached hereto as Exhibit A.
16.2
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16.3 Upon the receipt of a written request and authorization fran an employee for deduction of Association dues and other lawfully permitted deductions, the City’-shall withhold such dues and deductions fran the salary of the employee and rmit 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 deductions 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.
The Association shall provide and maintain with the City a current list of the names and all authorized representatives 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 Maniger or his designee. make arraqements for a contact location removed fran the work area of the
employe e.
16.4
The Chief of Police or his designee shall have the right to
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 matieral for any matter for Hhich
representation is granted pursuant to the provisions of California
Goverment 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 representative so designated shall be allowed reasonable release time fran regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Gnployee
representatives 60 investigate, prepare, or present materials during off- duty time shall do so on their own time.
employees who attend Personnel Board or City Council hearings during the
off-duty time shall do so on their om time; providing, however, that
employees &o are ordered or subpoenaed to attend such hearings shall be
canpensated in accordance with the overtime provisions of this Memorandum of Understanding.
Employee representatives and
16.7 Designated employee representatives shall be allowd reasonable release
time fran 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 supervisr 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.
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16.9 The City will continue to furnish the bulletin board space in the Police
Department for the exclusive use of the Association. Material placed on
said bunetin boards shall be at the discretion of the Association ad
shall be removed by manqement 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 renove outdated materials.
16.10 Use of City Facilities
16.10.1 The Association may, with the prior approval of the City Manqer, 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.
16.10.2 The Association may, with the prior approval of the Chief of Police, be granted the use of police facilities for off-duty
meetings of the Police Department employees, provided space is
available. Police. In the event the Chief of Police denies use of Police Department facilities, an appeal may be made to the City Manqer.
All such requests will be in writing to the Chief of
16.10.3 The use of City equipment other than items normally used in the
coduct of business meetings, such as desks, chairs, ashtrays, and
blackboards, is stictly prohibited, the presence of such equipment
is approved City facilities notwithstanding.
ARTICLE 17. OVERTIME PAY
17.1 An employee working a five 8 hour day (40 hour week) and required to work
overtime shall be canpensated at an overtime pay rate of time and one-half
for all hours worked in excess of forty (40) in any work week.
employees shall have the option of taking canp time in lieu of overtime
pay up to the existing maximum of eighty (80) hours of canp time on the
books, after Hhich the employees shall be required to accept pay for
overtime .
Said
17.2 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 canp time, at the
employee's option, subject to the canp time limitation described in
Section 17.1.
ARTICLE 18. CALL BACK PAY
If an employee is required to return to hidher place of employment after he/she has canpleted a noma1 work day, he/she shall receive overtime pay for a minimum
of two (2) hours at time and one-half (three [33 hours pay) or the actual number
of hours worked, hichever is greater.
taking canp time in lieu of call-back pay.
Said employee shall have the option of
..
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ARTICLE 19. - SENIORITY
19.1 The seni2rity of an employee shall be based upon the number of calendar
months of continuous service in the Carlsbad Police Department.
employee ho 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.
permanent status shall, after reinstatement, regain the seniority credit
he/she possessed at the time of layoff if said employment is within
twenty - f our ( 2 4) months .
An
Any employee laid off after acquiring
19.2 Leaves of absence in excess of thirty (30) continuous days shall not be
credi ted to continuous service.
ARTICLE 20. LEGAL REPRESENTATION
20.1
20*2
20.3
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 canpetent 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 provision of the California Goverrment Code, or
where the act or mission was not within the scope of the employee's
employment, or the employee acted or fafled to act because of actual fraud, corruption, or actual malice, or here the provision of such
defense would create a conflict of interest between the City and the
employe e.
Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said Goverment Code.
ARTICLE.21. PEACEFUL PEFORMANCE OF CITY SERVICES_
21.1 During the term of the agreement, the CPOA, its representatives, or
members shall not engage in, cause, instigate, encourage, or condone a
strike or work stoppage of any kind against the City of Carlsbad,
21.2 During the term of this Agreement, the City will not instigate a lockout
over a dispute with the employee.
21.3 As used in this section, "strike or work stoppaget1 means the concerted
failure to report for duty, the willful absence from one's position, the
stoppage of work, or the abstainence in hole or in part from the full,
faithful performance of the duties of employment for the purpose of
inducing, influencing, or coercing a change in the conditions of compensation, or the rights, privileges or obligations of eaployment
ARTICLE 22. DISCIPLINE OF AN. EMPLOYEE
22.1 The City may only discipline permanent anployees for just cause. case of disciplinary action involving suspension, demotion, or discharge, In the
.' 0 - 15 -
22.2
22.3
22.4
22.5
22.6
22.7
22.8
the employee shall be given notice of the action to or mate@-als upon Hhich the action is based, and an
to the City Manager or designee either orally or in
(7) calendar days of the notice of the action. The
occur prior to the imposition of the discipline.
be taken, the evidence opportunity to respond writing within seven
above process will
All employees have the right to appeal their discipline according to the
appeal procedure as set out hereafter. inform and remind the disciplined employee of this right.
Written notice of discipline shall
Once discipline has been imposed, the Chief of Police or his designee
shall specify the period of the, fran 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 fran 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 hen there has been later discipline imposed for similar performance or misconduct or there has been cumulative activity
conduct reflecting a pattern of similar perfomrance or misconduct.
Nothing herein shall be construed to require %ause" or "just cause" for
the rejection of a probationary employee prior to the expiration of the
probationary period. A 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 administrative appeal under Section 3304(b) of the Goverment Code. Such administrative appeal shall consist of the procedure described in Section 22.1 hereof.
Right of Appeal. seven (77 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 personneol ordinance or this Article.
Method of ApReal. Appeals shall be in writing, subscribed by the &appellant, ad Filed with the Personnel Officer, Hho shall, within ten (IO) 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.
Any employee in the cmpetitive service shall, within
- Notice.
date for the hearing on the appeal not less than ten (IO) calendar days
nor more than thirty (30) calerdar days frant he date of filing.
Personnel Officer shall notify all interested parties of the date, time
ard place of the hearing at such places as the Personnel Board shall
prescribe .
Upon the filing of an appeal, the personnel officer shall set a
The
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.
conclusion, appellant may then present evidence. Rebuttal. matter not
The City shall state its case first and, at the
...
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repetitive may be allowed in the discretion of the Personnel Board.
Cross-examination of witnesses shall be permitted. The corduct and
decorum--of the hearing shall be under the control of the Personnel Board
by its chairman, with due regard to the rights and privileges of the
parties appearing before it. Hearings need not be conducted 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 l3oard shall, within ten (IO)
calendar days after the conclusion of the hearing, certify its findings
and decision in writing to the City Council and to the appellant-.
City Council shall review the findings and recanmendations of the
Personnel Board and may then affirm, rwoke or modify the action taken as, in its judgment, seems warranted, and the 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 fonner status if
proof is made that the action was for discriminatory reasons.
The
ARTICLE-23. PROBATIONARY PERIOD
23.1 For sworn personnel, the entry level probationary period shall be one year
fran the date the employee is sworn as an officer. personnel, the entry level probationary period shall be one year fran the
date of hire. The probationary period will permit both the supervisr and
the employee to becane acquainted and to determine and the adaptability and the fitness of the employee of the assigned work. The employee will
find this period helpful in evaluation of the City, his duties, his work a rd ot her sa tis fac t io n .
All personnel promoted within the department shall be on probation in the
pranotional position for a period of one year frm the date of pranotion.
For non-sworn
23.2
ARTICLE 24. RETIREMENT BENEFITS
24.1 The City agrees to continue to pay the employer's contribution rate
required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum of
Understarding during the ten of this Memorandum of Understarding.
24.2 The City will continue to pay on behalf of all sworn represented safety employees the nine percent (9%) the employee's retirement contribution to
PERS.
24.3 The City will continue to pay on behalf of all represented miscellaneous
employees the seven percent (7%) employee's retir'ement contribution to
PER S.
ARTICLE 25. HEALTH INSURAt\lCE
25.1 During the term of this Memorandum, employees will pay for any increase in
medical insurance premiums up to the following maximum monthly amounts:
(a) $10 per employee for employee only coverage.
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(b)
(c)
$15 per employee for employee plus one (1) dependent.
$20 per employee for employee plus two (2) dependents. -_
ARTICLE 26.
The parties agree to review prwisions of this Memorandum to assure cmpliance
with the Fair Labor Standards Act. In the event that the Fair Labor Standards Act as applied to any provision in this Memorandum requires the City to incur any greater liability or expenditure than existing prior to the application of
the FLSA, then the parties agree to meet and confer over said additional obligation.
FAIR. LABOR STANDARD ACT (FLSA)
ARTICLE 27. WIFORM REIMBURSE.ENT
27.1 For fiscal year 1986-87, reimbursement to represented employees for the
cost of purchasing and maintenance required, uniforms shall be $375 per
year. The method and date of the payment shall continue unchanged.
27.2 For fiscal year 1987-88, said reimbursement shall be increased to !%25 per year.
27.3 It is expressly understood aml agreed that payments hereunder constitute reimbursement for expenses actually incurred by represented employees wearing and maintaining the uniforms they are requested to wear and/or
maintain.
ARTICLE 28. EDUCATION INCENTIVE
28.1 Educational Incentive Compensation: As of 3uly 1, 1977, the below Gcribed Educational. Incentive Program shall be effective.
28.1.1 Step I: Applicable to all employees represented by the Carlsbad
Police Officers' Association.
(a) Re uirements: Present proof to the Training Officer, -ice Department of successful canpletion of the
presecribed course of study for and award of a Certificate of Competency in Police Science by a State of California Community College and canpletion of two consecutive years of
service as a member of the Police Department of the City of Carlsbad. The two years of service must have been completed immediately prior to the time the application for Educational.
Incentive Compensation is submitted. who have canpleted requirements they believe to be equivalent to those required for the award of a Certificate of
Competency in Police Science but d~o have not been awarded
such certificate and 4-10 would otherwise be eligible for Step
1 recognition of equivalency to the Chief of Police.
receipt of such a request, the Chief of Police will request
the City Manqer to coiwene a canmittee consisting of a
representative of the City Manager, CPOA and the Chief of
Police to review and evaluate the petition. If approved, the
applicant will be authorized Step 1, Educational. Incentive
Represented employees
Education Incentive Compensation, may petition for
Upon
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(b)
Compensation, in the same manner as other eligible employees.
If petition is not approved the applicant will be provided a writ ten statement indicating Hh at additional r equirment s must be met for eligibility for Step 1, Educational. Incentive Com pe nsa t io n .
Compensation: Satisfactory fulfillment of the above
requirement shall be canpensated at the rate of twenty-five
dollars ($25) paid bi-weekly for twenty-six bi-weekly pay
periods per fiscal year.
28.1.2 Step 2: Applicable to all Peace Officers represented.
(a) Requirements: Present evidence to the Training Officer ,
Carlsbad Police Department of the award of an Intenediate Certificate issued by the State of California Commission on Peace Offices Standard and Training and Eligibility for Step
1. .
(b) Com ensation: Satisfactory fulfillment of the abwe
-shall be canpensated at the rate of forty-five
dollars ($45) paid bi-wekkly for twenty-six bi-weekl; pay
periods per fiscal year. Such canpensation to be in lieu of
any previous Educatioal Incentive canpensation payments which
h ai been received .
28.1.3 Applicable only to non-sworn peresonnel represented.
(b)
Requirements: Carlsbad Police Department, of having met the State of California Commission and Peace Officers standards and Training requirements for an Intermediate Certificate as
deetemined and agreed to by representatives of the City
Manager and the Carlsbad Police Officers Assciation president. It is understood no certificate can be awarded to
non-sworn personnel.
Present evidence to the Training Officer,
Compensation: Satisfactory fulfillment of the above
requirement shall be cunpensated at the rate of forty-five
dollars ($44) paid bi-weekly for twenty-six bi-weekly pay periods per fiscal year.
any previous Educational Incentive Canpensation payments which had been received . Such canpensation to be in lieu of
28.1.4 Step 3: Applicable to Peace Officers represented.
(a) Requirements: Present evidence to the Training Officer, Carlsbad Police Department, of the award of an Advanced Certificate issued’ by the State of California Commission on Peace Officers Standards and Training ad eligibility for Steps 1 and 2.
(b) Compensation: Satisfactory fulfillment of the &we
requirement shall be compensated at the rate of sixty-five dollars ($65) pald bi-weekly for twenty-six bi-weekly pay
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periods per fiscal year.
any previous Educational Incentive Canpensation payments
which had been received.
Such canpensation to be in lieu of
-, -_
28.1.5 Step 3: Applicable only to non-sworn personnel represented.
(a) Requirements: Present evidence to the Training Officer,
Carlsbad Police Department, of having met the State of
California Canmission and Peace Officers Standards and Training Requirements for an advanced Certificate as
determined and agreed to be representatives of the City
Manager and the Carlsbad Police Officers Association President. It is understood no certificate can be awarded to non-sworn personnel.
(b) Compensatio:: Satisfactory fulfillment of the above
requirement shall be canpensated at the rate of sixty-five
dollars ($65) paid bi-weekly for twenty-six bi-weekly pay
periods per fiscal year.
any previous Educational Incentive Canpensation payments which had been received.
Such canpensation to be in lieu of
28.1.6 Program Review: Parties further agree to recanmend that the above
program be reviewed jointly by the City ard Carlsbad Police
Officers Association semi-annually during 3anuary and 3uly of each
succeeding year to evaluate the effectiveness and currency of the
program.
28.1.7 Procedure: The Training Officer, Carlsbad Police Department, upon
receipt of proof of eligibility for Educational Incentive
Compensation, shall certify eligibility to the Chief of Police.
The Chief of Police upon approving such eligibility, shall forward
his approval to the City Manqer for authority to canmence the
a ppr opr i a te can pensa tio n . Educa tio nal Incentive Can pe nsa t io n
shall commence at the beginning of the next pay period following
receipt of autbrization by the City Manager of the approval by
the Chief of Police.
28.1.8 It is understood that an eligible represented employee shall
receive said incentive pay from the date of certification,
notwithstanding any delay in notification that the employee has
been certified.
ARTICLE 29. FIELD TRAINING OFFICER
For any pay period in vhich a represented employee is assigned and acts as a
field training officer, and actually performs field training officer activities, said employee shall be entitled to receive $25 additional salary for that pay
period.
ARTICLE.30. VEHICLES FOR INVESTIGATORS
Each represented employee &IO is working in the assignment of detective, shall be assigned a designated vehicle ad shall be entitled to use that vehicle each on duty shift; provided, however, such assignment of a designated vehicle is
expressly coditioned on the availability of vehicles and does not extend to any
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detectives assigned in addition to the number assigned as of the date of this
Memorandum. -
ARTICLE 31.
During the term of this Memorandum, City agrees to continue to provide long term
disability insurance.
waiting period prior to payment eligibility.
insurance shall continue unchanged.
-_
LONG TERM DISABILITY INSURANCE
Said insurance shall provide for a thirty (30) day In all other respects, said
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding to be effective as
s ta ted herein .
CITY OF CARLSBAD
(CITY)
CARLSBAD POLICE OFFICERS ASSOCIATION
u City Manager
APPROVED AS TO FORM . -