HomeMy WebLinkAbout1993-02-02; City Council; Resolution 93-29&. ll 0
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RESOLUTION NO. 93-29
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN
REPRESENTATIVES OF MANAGEMENT AND THE
CARLSBAD CITY EMPLOYEES’ ASSOCIATION.
WHEREAS, representatives of management and the Carlsbad
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pursuant to the Meyers-Millias-Brown Act, regarding wages and
City Employees’ Association, have met and conferred in good faith
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lo I/ other terms and conditions of employment from June 1992 through
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December 1992; and
WHEREAS, said representatives have reached agreement whicl
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approval; and
WHEREAS, the City Council has determined it to be in the
X’ I/ public interest to accept such an agreement in the form of a t: 1 Memorandum of Understanding, marked Exhibit A and incorporated b
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the fund balance in the Health Insurance Fund.
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NOW, THEREFORE, BE IT RESOLVED by the City Council for the
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WHEREAS, the costs of the health insurance increases during
the term of this Memorandum of Understanding will be covered by
City of Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
2. That the Memorandum of Understanding between the
Carlsbad City Employees' Association and representatives of
management is hereby accepted.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 2nd day of FEBRUARY ,
1993; by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil
NOES: None
ABSENT: None
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ATTEST:
:";Lf%L& """-
ETH A NKRANZ, City Clerk 21 KAREN R%TZ, Assistant City Clerk
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(SEAL)
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MEMORANDUM OF UNDERSTANDING
between the
City of Carlsbad
and the
Carlsbad City Employees’ Association
Effective January 1, 1993, through December 31, 1994
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MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Foreword .......................................... Page 1
Preamble .......................................... Page 1
Article 1 Recognition ............................ Page 1
Article 2 Implementation .......................... Page 1
Article 3 Term .................................. Page 2
Article 4 Renegotiation .......................... Page 2
Article 5 Effective Dates ......................... Page 2
Article 6 Authorized Agents ...................... Page 2
Article 7 No Strike and No Lockout ................. Page 2
Article 8 City Rights ............................. Page 3
Article 9 Employee Rights ........................ Page 3
Article 10 Association Rights ......... i ............ Page 3
Article 11 Confidential Employees .................. Page 5
Article 12 Payroll Deductions ...................... Page 6
Article 13 Distribution of Paychecks ................ Page 6
Article 14 Compensation Adjustments .............. Page 6
Article 15 Overtime ............................... Page 6
Article 16 Working Out of Class .................... Page 9
Article 17 Injured on Duty ......................... Page 10
Article 18 Bilingual Pay ........................... Page 11
Article 19 Uniforms and Equipment ................. Page 11
Article 20 Tool Allowance ......................... Page 12
Article 21 Longevity Pay .......................... Page 1 3
Article 23 Holidays ............................... Page 15
Article 24 Sick Leave ............................. Page 17
Article 25 Bereavement Leave ...................... Page 1 8
Article 26 Leave of Absence ....................... Page 1 9
Article 27 Military Leave .......................... Page 21
Article 28 Jury Duty .............................. Page 21
Article 29 Rest Periods ........................... Page 2 1
Article 30 Latestarts ............................. Page 21
Article 31 Flexible Classifications ................. Page 21
Article 32 Flexible Start Hours ..................... Page 22
Article 33 Flexible Work Schedules ................. Page 22
Article 22 Vacation .............................. Page 13
Article 34 Flexible Job Sharing ..................... Page 23
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Memorandum of Understanding
Table of Contents
Page 2
Article 35
Article 36
Article 37
Article 38
Article 39
Article 40
Article 41
Article 42
Article 43
Article 44
Article 45
Article 46
Article 47
Article 48
Article 49
Article 50
Article 51
Article 52
Article 53
Article 54
Article 55
Article 56
Health Insurance ........................ Page 23
State Disability Insurance ............... Page 24
Long Term Disability .................... Page 24
Retirement ............................. Page 24
Deferred Compensation .................. Page 24
Health Insurance for Retirees ............ Page 24
Grievance Procedure ..................... Page 25
Disciplinary Procedures ................. Page 29
Alcohol and Drug Policy .................. Page 35
Air Pollution Control District ............ Page 39
Access to Information ................... Page 39
Communications ........................ Page 40
Legal Representation .................... Page 4 0
Layoff ................................. Page 40
Carlsbad Municipal Water District ........ Page 43
Full Understanding. Modification & Waiver . Page 44
Provisions of Law ....................... Page 44
Retention of Benefits .................... Page 44
Non-discrimination Clause ............... Page 44
Employer-Employee Organization Relation
Resolution ............................. Page 45
Americans With Disabilities Act .......... Page 45
Family Leave Act ....................... Page 45
Attachment A Salary Schedule . General Employees
Attachment B Benefits Retained by CMWD Employees
Attachment C CMWD Salary Schedule and Job Classification
Attachment D Employer-Employee Relations Resolution
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
between the
City of Carlsbad
and the
Carlsbad City Employees' Association
Foreword
The Memorandum of Understanding is made and entered into between designated management
representatives of the City of Carlsbad (hereinafter referred to as the "City"), and the
designated representatives of the Carlsbad City Employees' Association (hereinafter referred to
as "CCEA").
Preamble
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
"Memorandum") to promote and provide for harmonious relations, cooperation, and
understanding between the City Management representatives and the general employees covered
under this Memorandum, as shown on Attachment A and Attachment C; to provide an orderly and
equitable means of resolving any misunderstandings or differences which may arise under this
Memorandum; and to set forth the agreement of the parties reached as a result of good faith
negotiations regarding wages, hours, and other terms and conditions of employment of the
employees covered under this Memorandum.
Article 1 RecoanitioQ
A The City of Carlsbad recognizes CCEA as the exclusive majority representative for all
classifications in this unit, as set forth in Attachment A, pursuant to the petition for
formal recognition submitted on February 11, 1976, and approved April 20, 1976, in
accordance with the Carlsbad Municipal Code. Attachment C lists additional
classifications added to this unit.
B. General unit classifications Secretary to the City Manager and Secretary to the City
Attorney shall hereinafter be management classifications governed by the provisions of
the management compensation plan.
Article 2 Imglementation
This Memorandum constitutes a recommendation to be submitted to the City Council subsequent
to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall
not be binding upon the parties either in whole or in part unless and until:
The City Council acts, by majority vote, formally to approve and adopt said
Memorandum.
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The term of this Memorandum of Understanding shall be from January 1, 1993, through
December 31, 1994.
de 4 Reneaotiatlon
In the event either party desires to meet and confer in good faith on the terms of a successor
approximately one hundred twenty (120) days prior to expiration of the Memorandum of
Understanding. Not more than thirty (30) days following such notice the parties shall meet.
such meeting, the parties will decide on a date for the mutual exchange of the issues each wish
to address during the meet and confer process. Such exchange shall occur not more than thirt
(30) days after such meeting.
Article 5 Effective Dates
As of January 1, 1993, the terms of this Memorandum of Understanding will supersede the
provisions of Resolution 92-1 16 adopted by the City Council of the City of Carlsbad on Janue
14, 1992.
Article 6 Authorized Aaents
For the purpose of administering the terms and provisions of this Memorandum:
A City's principal authorized agent shall be the City Manager or a duly authorized
Memorandum of Understanding, that party shall serve upon the other a notice of such intent
representative (Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone (619) 434-2859), except where a particular City representative is
specifically designated in connection with the performance of a specific function or
obligation set forth herein.
B. CCEA authorized representative shall be its President or duly authorized staff
representative (Address: P.O. Box 2056, Carlsbad, California 92008; Telephone (E
729-81 28).
Article 7 No Strike and No Lockout
A No Stru. During the life of this agreement, neither the employees nor any agents or
representatives will instigate, promote, sponsor, engage in, or condone any strike
(including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any
other intentional disruption of the operations of the City, regardless of the reason for
doing.
B. Penalty. Any employee engaging in activity prohibited by Article 7, A., or who instig;
or'gives leadership to such activity, shall be subject to disciplinary action.
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C No. During the term of this agreement, the City will not instigate a lockout over
a dispute with the employees so long as there is no breach of Section 7, A.
D. e-. Each employee who holds the position of officer of
the Employee Association occupies a position of special trust and responsibility in
maintaining and bringing about compliance with the provision of this article, the
employees agree to inform its members of their obligations under this agreement and to
direct them to return to work.
Article 8 Citv Ria htg
The rights of the City include, but are not limited to the exclusive right to determine mission of
its constituent departments, commissions, boards; set standards of service; determine
procedures and standards of selection for employment and promotions; direct its employees;
take disciplinary action; relieve its employees from duty because of lack of work or other
legitimate reason; maintain the efficiency of government2. 3perations; determine the methods,
means, and personnel by which government operations ari o be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology of
performing its work.
Article 9 ErnDlQyee Rlw
A Employees of the City shall have the right to form, join and participate in the activities
of CCEA for the purpose of representation on all matters of Employer-Employee
Relations, including but not limited to, wages, hours, and other terms and conditions of
employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to
represent themselves individually in their employment relations with the City.
B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated
against by the City, CCEA or other employee organization(s) because of the exercise of
his/her rights under this Article.
C An individual employee reserves the right to individual representation, upon formal
notice to CCEA and the City, on any matter of Employer-Employee Relations.
D. CCEA shall be provided notice of the results of such individual Employee-City meetings.
Article 10 Association Rim
A The City recognizes the right of CCEA to govern its internal affairs.
B. The City agrees to include a one page CCEA "Information Sheet" in the orientation packet
for newly hired employees in positions represented by CCEA. The City and CCEA agree
that the purpose of the "Information Sheet" is to familiarize new employees with the
operations and benefits of CCEA. All costs associated with preparing the 'Information
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Sheet" shall be borne by CCEA. CCEA agrees to indemnify and hold the City harmless fc
any disputes between CCEA and employees represented by CCEA arising out of
information contained in the 'Information Sheet." Prior to distribution the
'Information Sheet" must be approved by the Human Resources Director.
The City will furnish bulletin boards for use of CCEA (Bulletin Boards for the exclusivl
use by CCEA shall be provided at City Hall, Las Palmas and the main Library). Materi;
placed on said bulletin boards shall be at the discretion of CCEA. City may remove CCEP
material only in the event the material is obviously offensive to good taste, defamatory
and shall be removed only on prior notification to CCEA.
Bulletin boards shall be located at: 1) City Hall Employees' Lounge, 2) Library
Employees' Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Las Palmas
Employees' Lounge, 6) Safety Center Employees' Lounge, 7) Mechanical Maintenance,
8) Stagecoach Community Park, 9) Calavera Community Park, 10) Redevelopment, 1
Senior Center.
By mutual agreement additional locations may be added.
CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the bullel
boards furnished by the City for the exclusive use by CCEA.
Twice annually, within thirty (30) days of written request from CCEA, the City agree!
to provide CCEA with a listing of names, departments, and classifications of employees
classifications represented by CCEA. Names, departments, and classifications providec
will reflect the most current data on file with the Human Resources Department as of 1
date the list is prepared.
CCEA shall provide and maintain with the City a current list of the names and all
authorized representatives of the CCEA. An authorized representative shall not enter i
work location without the consent of the Department Head or hidher designee or the C
Manager or hidher designee. The Department Head or hidher designee shall have the
right to make arrangements for a contact location removed from the work area of the
employee. Management shall not unreasonably deny access.
CCEA may, with the approval of the Human Resources Department, be granted the use (
City facilities for after hour meetings.
CCEA shall be allowed to designate employee representatives to assist employees in
preparing and processing grievances; and preparing and presenting material for
disciplinary appeals hearings.
CCEA may designate one employee representative to assist an employee in preparing a1
presenting materials for the above-listed procedures. The employee representative 8
designated shall be allowed reasonable release time from regularly scheduled duties ft
the purpose of investigating and preparing materials for such procedures. Employee
representatives who investigate, prepare or present materials during off-duty time
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shall do so on their own time. Employee representatives and employees who attend
discipline or grievance hearings or City Council meetings during the off-duty time shall
do so on their own time: providing, however, that employees who are ordered or
subpoenaed to attend such hearings shall be compensated in accordance with the overtime
provisions of this Memorandum of Understanding.
Designated employee representatives shall be allowed reasonable release time from
regularly scheduled duties to attend meetings relative to other matters of employer-
employee relations.
Designated employee representatives requesting time off under this article shall direct
such request to hidher immediate supervisor in writing within a reasonable time
period to the date requested, in order to assure that the department meets its staff needs
and to assure sufficient coverage of departmental assignments.
H. CCEA may select members of the organization to attend scheduled meetings with the City
staff on subjects within the scope of representation during regular work hours without
loss of compensation. Where circumstances warrant, the City may approve the
attendance at such meetings of additional employee representatives with or without loss
of compensation. The employee organization shall, whenever practicable, submit the
names of all such employee representatives to the City at least two working days in
advance of such meeting. Provided further:
( 1 ) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Department Head or other authorized
City management official.
( 2 ) That any such meeting is subject to scheduling by City management in a manner
consistent with operating needs and work schedules.
Nothing provided herein, however, shall limit or restrict City management from
scheduling such meetings before or after regular duty or work hours under appropriate
circumstances.
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Confidential employees are restricted from representing any employee organization, which
represents other employees of the City, on matters within the scope of representation. This
article does not otherwise limit the right of confidential employees to be members of and to hold
office in CCEA.
The following positions are designated as confidential:
1 ) Unit employees assigned to the Human Resources Department.
2 ) Unit employees assigned to the City Manager’s office.
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3 ) Unit employees assigned to the City Attorney’s Office.
4 ) Unit employees assigned to payroll function in the Finance Department and the Finance
Department Secretary.
5 ) Data Processing Programmer, assigned to Information Systems Department.
Article 12 Pavroll Deductions
The City shall withhold deductions in amounts designated by CCEA members providing changes
not occur more frequently than once each fiscal year.
.. cle 13 Dtstr-.of Pavchecb
For CCEA represented employees the City shall continue to distribute employee pay checks in
sealed and windowed envelops.
Article 14 Compensation Adjustments
The parties agree that they will meet and confer on the subject of a salary adjustment beginni
December 1993. Upon mutual agreement, the parties may reopen discussions at either an
earlier or a later date. The effective date of the adjustment will be a subject of meeting and
conferring. -
1. QY.miae
Any employee required to perform in excess of 40 hours in a 7 day cycle andor in
excess of an employee’s normal work day shall receive compensation at the rate of tin
and one-half hidher regular rate of pay. The regular rate of pay shall include the
following components in addition to base salary:
1 ) Bilingual Pay
2 ) Longevity Pay
In determining an employee’s eligibility for overtime, paid leaves shall be included i
the total hours worked. Excluded from the total hours worked are duty free lunches,
travel time to and from work, and time spent conducting bona fide volunteer activitie!
There shall be no pyramiding of overtime. Hours worked by an employee in any worl
or workweek on which premium rates have once been allowed shall not be used again
any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
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Call back duty occurs when an employee is ordered to return to duty on a non-regularly
scheduled work shift. Call back does not occur when an employee is held over from
hidher prior shift or is working prior to his/her regularly scheduled shift. An
employee called back to duly shall be credited with a minimum of two (2) hours work
commencing at the time of the page, excePt an employee shall not be entitled to said
minimum if the assignment has been scheduled in advance and the employee is provided
with at least seven (7) calendar days notice of said assignment.
3. Tim
In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect,
subject to department approval, to receive compensatory time off on a time and one-half
basis. No employee shall accrue more than 80 hours of such compensatory time. Should
any employee exceed 80 hours of accrued compensatory time, he/she shall be paid at
time and one-half hidher regular rate.
An employee may use such compensatory time within a reasonable period after makirig
the request if the use of compensatory time does not unduly disrupt the operations of the
department.
On December 1 of each year, an employee may elect to "cash out" any portion of hidher
accrued compensatory time at his/her regular rate of pay. Notice shall be provided to
the Human Resources Department no later than November 15 of the employee's election
to 'cash out" a portion of hidher accrued compensatory time. This 'cash out" shall be
paid during the first pay period in December.
4. Ove- ..
All overtime requests must have the prior authorization of a supervisor prior to the
commencement of such overtime work. Where prior written authorization is not
feasible, explicit verbal authorization must be obtained. Calls for service beyond the
end of duty time are considered as authorized.
An employee's failure to obtain prior approval may result in the denial of the overtime
request.
5.
Employees are not authorized to wear their uniforms or any part thereof that is
distinguishable as such unless on duty. Each employee is provided with a locker for
his/her own personal convenience. An employee may or may not utilize the locker for
storage and changing purposes at hidher own discretion.
Nothing herein prevents an employee from wearing hidher uniform to and/or from
hidher residence to work.
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Nothing herein prevents an employee from wearing hidher uniform while conducting
personal business during lunch time.
Time spent in changing clothes before or after a shift, is not considered hours worked
and is not compensable in any manner whatsoever.
6.
Training time outside normally scheduled work hours shall be compensated pursuant t
Code of Federal Regulations (CFR), Section 785.27, a. m.
Travel time outside normally scheduled work hours shall be compensated pursuant to
CFR Section 785.33, d. Seq.
When feasible, the Department will adjust the employee’s work schedule to minimize
impact of travel and training time.
7. ciw v-
Employees who are provided with a City vehicle to travel to and from work shall not b
compensated in any manner whatsoever for such travel time in the City vehicle.
This provision also applies in those situations where the radio must be left on and
monitored.
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When an employee is physically called to court, while off duty, he/she shall be creditc
on an hour for hour basis for the time actually spent in court. An employee shall be
credited with a minimum of two (2) hours for the court appearance. Travel time sh:
not be considered hours worked and shall not be compensated in any manner whatsoev
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CCEA represented employees required to standby, to handle overtime work which may
arise, shall be compensated at the rate of $20.00 per day.
Standby status is defined as time in which an employee can be reached at hidher
residence or by beepers and be able to respond in the appropriate time as designated t
the department.
Standby time is not considered hours worked under the Fair Labor Standards Act and
not be compensated except as set forth above. This payment is being made pursuant tc
the M.O.U., not pursuant to FLSA. Time compensated in this manner shall not constiti
hours worked for purpose of FLSA.
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10.
The practice of shift trading shall be voluntary on behalf of each employee involved in
the trade and must be approved in advance by the department. The trade must be due to
the employee's desire or need to attend to a personal matter and not due to the
department's operations. The employee providing the trade shall not have higher
compensable hours increased as a result of the trade; nor shall the employee receiving
the trade have higher compensable hours decreased as a result of the trade. Any
premium pay or other extra compensation will be waived for both individuals during the
period they work for the other. Any hours worked beyond the normal work day will be
credited to the individual actually doing the work.
"Paybacks" of shift trades are the obligation of the two employees involved in the trade.
Any dispute as to paybacks is to be resolved by the involved employees, and under no
circumstances will the department be obligated for any further compensation
whatsoever to any of the involved employees. The department is not responsible in any
manner for hours owed to employees by other employees that leave the employment of
the City or are assigned other duties.
If one individual fails to appear for the other without prior notification, the person who
was "traded in" will be listed as absent without leave and may be subject to disciplinary
action.
11.
The practice of early shift relief shall be voluntary on behalf of each employee involved
in the relief and must be approved in advance by the department. The employee
providing the early relief shall not have hidher cornpensable hours increased as a
result of the early relief; nor shall the employee relieved early have hidher
compensable hours decreased as a result of the early relief. 'Paybacks" of early relief
hours are the sole obligation of the two employees involved in the early relief. Any
dispute is to be resolved by the involved employees, and under no circumstances will the
department be obligated for any further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner for hours owed to
employees by other employees that leave the employment of the City or are assigned
other duties.
tide 16 Worm Out of Clas-
Whenever the needs of the City require an employee to temporarily perform the duties of a
higher classification than that in which the employee is currently employed for a period of more
than fifteen (15) consecutive working days or more than forty-five (45) cumulative working
days within a fiscal year, the employee shall receive the salary rate of the higher class in which
he/she is performing the required duties. In such cases, the employee shall be paid at an
appropriate step of the salary schedule of the higher classification which will assure an
increase of not less than 5% greater than the salary of hidher current position, but in no case
shall such salary exceed the top salary step of the higher classification. The higher salary rate
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payable shall commence on the sixteenth (16th) working day following the temporary
reassignment of the performance of duties of the higher classification. The requirement for tt
performance of duties of the higher classification shall be placed in writing by the Human
Resources Director following recommendation by the affected Department Head. No employee
shall be required to perform any of the duties of a higher classification unless that employee i
deemed to possess the minimum qualifications of the higher classification by the Human
Resources Director as recommended by the affected Department Head.
The employee assigned to perform the duties of a higher classification shall not serve for mor1
than one hundred and eighty (180) calendar days in a higher classification unless approved b
the City Manager.
A person appointed in an acting capacity shall be eligible to receive merit increases in his/h(
regular position during the acting appointment, but shall not be entitled to merit increases in
the position which he/she holds in an acting capacity.
The Human Resources Director shall obtain the employee’s written consent for the temporaq
performance of any of the duties of the higher classification beyond a period of fifteen (15)
working days, prior to the employee’s assuming or continuing the duties and compensation of
higher classification, which consent shall clearly state that it is understood that a reduction i
salary shall be effected to hidher original salary rate upon the expiration of the need for the
performance of the duties of the higher classification.
Article 17 Lnjyred on Dutv
Occupational Sick Leave is leave with pay that is granted to employees who have sustained a
work related injury or illness and are temporarily disabled from work.
Any general employee that sustains a work related injury or illness and becomes temporaril)
disabled from work as a result, may receive their full salary, in lieu of the State mandated
temporary disability benefit, for a period of up to 520 hours for any single incident. The
periods of temporary disability need not be continuous.
Any aggravation of a pre-existing occupational injury or illness will be treated as such and n
as a new injury. In this situation, the employee will not be entitled to any occupational sick
leave benefit which exceeds the original maximum of 520 hours.
The granting of occupational sick leave is subject to the employee providing written verificai
of his/her disability status from the treating physician. If the treating physician is not a Cil
designated physician or facility or the employee’s previously designated physician, the payml
of occupational sick leave may be withheld until such time as the employee’s disability status
able to be verified by a City designated physician or facility.
An employee that is still temporarily disabled after the 520 hour maximum benefit has been
exhausted will be paid at the rate established by the California Labor Code for such disabilitis
However, the City shall supplement the State rate, up to the employee’s full salary level, by
utilizing any vacation, sick, or- compensatory leave that the employee has accrued. Once the
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employee's accrued leave has been exhausted, the employee will be compensated at the State rate
for the balance of the temporary disability period.
Wages alone will be the basis of computation for occupational sick leave.
Any general employee who is temporarily disabled from work because of a work related injury
or illness will continue to accrue sick leave and vacation leave for the period of incapacitation
that does not exceed 520 hours. However, once the maximum occupational sick leave benefit has
been exhausted (520 hours), the employee will no longer accrue sick or vacation leave for the
duration of hidher absence.
Article 18 Bilinaual Pay
The City will provide additional compensation to an employee, designated by the Human
Resources Department, in the amount of $40.00 per pay period for the performance of
bilingual skills. The determination of the number of persons/positions to be designated as
bilingual is the sole discretion of the City.
In order to qualify for and receive bilingual pay, employees must pass a bilingual profciency
test in the Spanish language as determined appropriate by the City.
This Article shall not be subject to the grievance procedure.
Article 19 Uniforms and E-
A The City shall continue to provide and maintain uniforms in the maintenance
departments.
8. Employees shall be responsible for proper care and maintenance of uniforms.
C The City shall continue to reimburse previously designated classifcations for the
purchase of safety boots or safety shoes. Such reimbursement shall be limited to a
maximum of two (2) times per fiscal year.
D. The City will reimburse any employee who is required to wear safety glasses and/or
goggles up to one hundred seventy-five dollars ($175) in a calendar year for the cost of
prescription lenses for such glasses and/or goggles, subject to the following conditions:
1 . The employee must present an appropriate receipt;
2. Reimbursement is for lenses only and not for eye examination, treatment or
visits to an optometrist or optician;
3. The City will provide reimbursement only for glasses andlor goggles if the
prescription has changed or if glasses and/or goggles have been damaged; and
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4. Glasses and/or goggles for which the City has provided reimbursement shall on1
be used while performing work for the City.
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This article applies only to eligible employees in the following job classifications who furnish
their own tools as a condition of employment: Equipment Mechanics, Equipment Service
Workers, and Equiament Mechanic Supervisors.
Employees in the job classifications mentioned are required to provide their own tools on the
job as a condition of employment. The employees are further eligible to receive a cash tool
reimbursement provided that 'the conditions for receiving the reimbursement are met.
Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery
the City facility or some other catastrophe or accident not due to the employee's negligence or
fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of a1
the tools in the employee's possession at work, including those tools over and above the
'essential tool list," must be on file with the Superintendent. The City has the right to reque
that a specialized tool(s) not be kept in the employee's inventory.
The tool allowance will be made in the form of a cash payment of $400 per year, paid only onc
during the fiscal year, by September 30, and cannot be accumulated from one year to another.
It is the responsibility of the Equipment Maintenance Superintendent to direct the
administration of the tool allowance and:
A Provide a list of "essential tools" which define the full inventory of tools required fol
employees to be eligible for tool allowance.
8. Recommend revisions to the "essential tools" and to meet the requirements of currenl
skilled trades technology.
C Informally agree with members of the shop when considering adding tools to the
"essential tool list."
Employees receiving a tool allowance shall allow inspection of personal tool box by supervisc
to verify outfitting of tools. The eligible employee during each work shift must have all the
tools listed as "essential tools." Failure to keep said tools on site will result in the tool
allowance being withheld from the individual until such time as the employee comes into
possession of all 'essential tools."
The appropriate supervisor during the month of August will:
A Review the personal tool inventory as meeting the requirements of 'essential tools."
B. Provide a recommendation to the Superintendent of an alternate tool as a substitute fc
the tool listed on the 'essential tools" list on an item-by-item basis.
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In September of each year, the Superintendent shall prepare requests for warrant to provide
for payment of the tool allowance to eligible employees.
Article 21 1 ouevitv Pay
1. Salary Step L1 shall apply to any range in the Salary Plan to provide for a five percent
(5%) increase of base salary for miscellaneous employees who have attained five (5)
continuous years of service in the City of Carlsbad at the 'E" Step of the same salary
range in the Salary Plan. Employees who have accrued all or part of five (5) years of
continuous service at the "E" Step of the same salary range prior to July 1, 1976, may
credit this service toward the service requirement for movement to Salary Step L1. In
any case where an employee is promoted and moves from the employee's existing class to
another class, allocated to a higher range of compensation, the employee shall be
advanced to the lowest step in such higher range which will provide a five percent (5%)
salary increase.
2. Salary Step L2 shall apply to any range in the Salary Plan to provide for a two and one-
half percent (2-112) increase of basic salary for those miscellaneous employees who,
on or after July 1, 1976, have attained ten (1 0) continuous years of service in the City
of Carlsbad at the 'E" Step of the same salary range in the Salary Plan. Eligibility for
Salary Step L2 is contingent upon the employee being recommended for such salary step
by the employee's Department Head and such recommendation being approved by the City
Manager.
3. Failure of the Department Head to recommend and of the City Manager to approve shall
not constitute grounds for submission of a grievance or an appeal to the Personnel Board.
Employees who have accrued all or part of ten (10) years of continuous service at the
"E" Step of the same salary range, prior to July 1, 1976, may credit this service
toward the service requirement for movement to Salary Step L2. In any case where an
employee is promoted and moves from the employee's existing class to another class
allocated to a higher range of compensation, the employee shall be advanced to the lowest
step in such higher range which will provide a five percent (5%) salary increase.
Article 22 Vacation
A
Accrual of vacation begins with the first working day following appointment and
thereafter accrues on a biweekly basis to begin at the first (1st) full pay period after
eligibility. The foliowing shall be the annual vacation leave schedule.
e Beginning with the first (1st) working day through the completion of five (5)
full calendar years of continuous service - 80 hours/year (3.08 hours
biweekly).
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0 Beginning the sixth (6th) year of employment through the completion of ten
(10) full calendar years of continuous service - 120 hourslyear (4.62 hour:
biweekly).
Beginning the eleventh (1 lth) year of employment through the completion of
eleven (1 1) full calendar years of continuous service - 128 hours/year (4.9
hours biweekly).
Beginning the twelfth (12th) year of employment through the completion of
twelve (12) full calendar years of continuous service - 136 hours/year (5.2
hours biweekly).
Beginning the thirteenth (13th) year of employment through the completion oi
thirteen (13) full calendar years of continuous service - 144 hours/year (5.
hours biweekly).
0 Beginning the fourteenth (14th) year of employment through the completion o
fifteen (15) full calendar years of continuous service - 152 hours/year (5.8
hours biweekly).
Beginning the sixteenth (16th) year of continuous employment, vacation time
shall be accrued, and remain at a rate of 160 hours for every full calendar yes
of continuous employment thereafter (6.15 hours biweekly).
B. n Accru
All employees shall be entitled to accrue vacation up to a maximum of 240 hours.
Department Heads shall encourage the taking of accrued vacation leave. If for some
specific reason an employee wishes to accrue vacation leave in excess of the limits
established herein, he/she must submit a request in writing to his/her department
listing these reasons. The Department Head and City Manager shall review and may gri
such request if it is in the best interest of the City. The excess of the limit shall be
determined by the Department Head and the City Manager. It is not the intent of this
section to penalize an employee who is not able to utilize hidher accumulated vacation
because of scheduling problems within the individual department.
C on Vv
D.
In the event one or more authorized municipal holidays fall within a vacation leave, su
holiday shall not be charged as vacation leave, but shall be credited as a holiday.
onAM;LLLaof-
An employee’s accumulation of vacation leave will cease after the completion of two (2
full scheduled pay periods in which the employee has not received compensation due to
leave of absence without pay. Accrual will be reinstituted beginning the first day of th
first full pay period after the employee has returned to work.
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E. n for -n Prohlbw ..
No person shall be permitted to work for compensation for the City in any capacity, except compensation for mandated court appearances, during the time of hidher paid
vacation leave from City service. This clause shall not limit the City's right to recall an
employee from vacation in the event of an emergency and place himher on regular pay
status.
F.
An employee may take hidher annual vacation leave at any time during the year,
contingent upon determination by hidher Department Head that such absence will not
materially affect the department. Each employee must 'consider the needs of the service
when requesting annual vacation leave. An employee shall normally provide one week
notice in advance of the day(s) he/she is requesting vacation time off. When a family
emergency arises which necessitates the use of vacation time, an employee shall provide
as much advance notice as possible considering the particular circumstances.
G I Va@~n Pav
An employee with regular status separating from the City service who has accrued
vacation leave shall be entitled to terminal pay in lieu of such vacation. No leave credit
will be earned on terminal leave payments. When separation is caused by death of an
employee, payment shall be made to the estate of such employee or, in applicable cases,
as provided in the Probate Code of the State.
Article 23 Holidayg
A d HolLdayS
The City shall observe: eleven (1 1) scheduled paid holidays plus two (2) floating
holidays for employees assigned to eight-hour-per-day-five-days-per-week
workweeks and employees participating in the trial 9/80 alternative work schedule; anc
nine (9) scheduled holidays plus two (2) floating holidays for employees assigned to ten
hours-per-day-four-days-per-week workweeks. The floating holiday may be used at
the discretion of the employee with prior approval of the Department Head. Martin
Luther King's Birthday (MLK) will be commemorated by City employees as a floating
holiday. IVwhen local government employers are required to commemorate MLK on a
designated date, this floating holiday will convert to a scheduled holiday.
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The scheduled paid holidays that will be official City holidays for the term of this
agreement shall be as follows:
New Year‘s Day Veteran’s Day
Lincoln’s Birthday Thanksgiving Day
Washington’s Birthday Thanksgiving Friday
Memorial Day Christmas Day
Independence Day Martin Luther King’s Birthday (Floating Holiday
Labor Day One (1 ) Floating Holiday
Columbus Day
B. Procedure if HOW Falls on Saturdav or Sunday
For those employees whose normal work week is Monday through Friday, when a holid,
falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holidz
falls on a Sunday, the following Monday shall be observed as a holiday.
The City shall annually develop and publish a holiday schedule which will identify the
specific days on which the above holidays will be observed as official City holidays and
which days will not be observed for employees on ten-hours-per-day-four-day-per
week workweeks.
C ed to Work on Hm
1 . Any employee who shall be required to work on any holiday which he/she is
entitled to take off under the provisions hereof shall receive compensation
therefore at the rate of time and one-half for actual hours worked plus eight
nine (9), or ten (10) hours of holiday pay as applicable. All employees who a
entitled to be absent on any holiday, and who in fact are absent, shall receive 1
compensation therefore at the straight time rate.
2. Those employees whose work schedules and assignment of duties require him/l
to work on an authorized holiday shall receive eight (8), nine (9), or ten (1(
hours of holiday pay as applicable for such work week at the same rate of pay :
which he/she is employed, in addition to hidher normal pay for the time work
3. If a holiday occurs on a day which is the employee’s regular day off he/she shz
be entitled to holiday pay in the amount of eight (8). nine (9), or ten (10) hours as applicable at straight time.
D.
Employees on Worker’s Compensation Leave pursuant to Article 17 shall not be entitli
to additional pay and/or additional time off for holidays which occur during the time a
employee is on industrial leave.
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E e on m Pav
An employee whose work schedule and assignment of duties require him/her to work on
an authorized holiday and who calls in sick on that work shift shall be paid eight (8),
nine (9), or ten (10) hours as applicable of holiday pay and shall also be charged for
the appropriate use of sick leave.
Article 24 Sick Leave
A Accrual
Every probationary and regular full time employee shall accrue eight (8) hours sick
leave, with pay for each calendar month of actual continuous service dating from the
commencement of said service, with such time to be accrued on a biweekly basis. Such
accruals shall be cumulative. An employee shall not receive payment for unused sick
leave accumulated to hidher credit upon termination, whether voluntary or
involuntary.
Sick leave shall not be considered a right which an employee may use at hidher
discretion. Sick leave shall be allowed as follows:
1 . In the case of actual illness or disability that is not job related.
2. Exposure to contagious disease that would jeopardize the health of others. When
sick leave is granted under these circumstances, an explanatory medical
certificate from the physician is required.
3. A pre-scheduled doctor, dental, or optometry appointment has been approved by
the employee’s direct supervisor.
4. Because illness of a member of the immediate family requires constant care and
no other care is available and/or financially feasible except that of the employee.
Immediate family is defined in Article 25, Bereavement.
B. l?u&umW
In order to receive compensation while absent from duty on sick leave, the employee
must notify hisher immediate supervisor prior to the time set for the beginning of
hidher regular duties. The Department Head may request a certificate issued by a
licensed physician or other satisfactory proof of illness when abuse is suspected and/or
when sick leave use is in excess of three (3) work days. The Department Head may also
designate a licensed physician to conduct a physical examination, and such examination
shall be conducted at City expense. Employees shall be required to account for all hours
they are requesting as sick leave by filling out a leave of absence request form.
Violation of SI& leave privileges may result in disciplinary action and/or loss of pay
when in the opinion of the Department Head the employee has abused such privileges.
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c. - An employee’s accumulation of sick leave will cease after the completion of two (2) ft
scheduled pay periods in which the employee has not received compensation due to a lei
of absence without pay. Accrual will be reinstituted beginning the first day of the firs
full pay period after the employee has returned to work.
D. d DQnatiQLlS
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 absen
is approved in advance by the supervisor.
E. ct of How
Holidays occurring during sick leave shall not be counted as sick leave.
F. ve Convew
Any permanent employee who has accrued and maintains a minimum of one hundred
(1 00) hours of sick leave shall be permitted to convert up to twelve (12) days of
accumulated uncompensated sick leave to vacation at a ratio of three (3) sick leave da)
per one (1) day of vacation. The sick leave conversion option will be provided during
the first week of each fiscal year.
Any permanent employee applying for retirement with the Public Employees’
Retirement System may convert accrued and unused sick leave time to extend service
time in the system at the ratio of 25 days of accrued sick leave to one month of extende
service.
nt Leu
A An employee may use up to three work shifts of paid leave if required to be absent fro1
duty due to the death of a member of the employee’s immediate family. Additional time
off may be authorized by the Department Head and charged to accrued vacation or treat1
as leave without pay.
The “immediate family* shall be defined as: Spouse, chiM, parent, sibling,
grandparents; the aforementioned either natural, step or in-law, or any perso
over which the employee acts as legal guardian, or a verifiable current membg
of the immediate household.
B. The employee may be required to submit proof of relative’s death before final approvz
of leave with pay is granted.
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ence
1.
A
Any employee may be granted a leave of absence without pay pursuant to the
recommendation of his/her Department Head and the approval of the City
Manager.
A leave without pay may be granted for any of the following reasons:
1 . Illness or disability.
2. To take a course of study which will increase the employee’s usefulness on
return to his/her position in the City service.
3. For personal reasons acceptable to the City Manager and Department Head.
B. Proem
Requests for leave of absence without pay shall be made upon forms prescribed
by the City Manager and shall state specifically the reason for the request, the
date when the leave is desired to begin, the probable date of return, and the
agreement to reimburse the City for any benefit premiums paid by the City
during the leave of absence. The request shall normally be initiated by the
employee, but may be initiated by hidher Department Head, and, upon written
recommendation of the Department Head that it be granted, modified or denied,
shall be promptly transmitted to the City Manager. A copy of any approved
request for leave of absence without pay shall be delivered promptly to the
Directors of Finance and Human Resources.
C
A leave of absence without pay may be made for a period not to exceed six months,
unless otherwise approved by the City Manager. The procedure for granting
extensions shall be the same as that in granting the original leave provided that
the request for extension is made no later than fourteen (14) calendar days prior
to the expiration of the original leave.
D. -
When an employee intends to return from an authorized leave of absence without
pay either before or upon the expiration of such leave, he/she shall contact
hidher Department Head at least fourteen (14) calendar days prior to the day
he/she plans to return. The Department Head shall promptly notify the City
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MNI~QM 6f the employeels intention. The employee shall return at a rate at pay
not less than the rate at the time the leave of absence began.
E
An employee shall utilize all hidher compensatory time off, vacation, and/or
sick leave (if applicable) prior to taking an authorized leave of absence withoul
Pay-
A prorata reduction of normal annual vacation and sick leave accruals shall be
applicable to an approved absence without pay. Any absence without pay
constitutes a break of continuous service with the City. The granting of any leal
without pay exceeding two full scheduled pay periods shall cause the employee’s
salary anniversary date and calculation of full-time continuous service to be
extended by the number of calendar days for which such leave has been granted
less the first two full pay periods of such leave.
An employee’s accumulation of sick leave and vacation leave will cease after the
completion of two (2) full scheduled pay periods in which the employee has not
received compensation due to a leave of absence without pay. Accrual will be
reinstituted beginning the first day of the first full pay period after the .employl
has returned to work.
F. .. Pav - insurance Pav-
An employee on leave without pay may continue hidher City insurance benefit:
by reimbursing the City for the costs of insurance on a monthly basis during th
period of the leave. Failure to reimburse the City for such benefits during the
term of a leave of absence will result in the employee’s coverage terminating o
the first day following the month in which the last payment was received.
An employee on leave of absence without pay shall not have all of the privileges
granted to regular employees.
2. Prearlancv ~~satuh.ty Leu . ..
An employee disabled by pregnancy shall be allowed to utilize a combination of accrued
sick leave, vacation, compensatory time and leave without pay to take a leave for a
reasonable period of time, not to exceed four months. An employee shall utilize all
accrued leave pbr to taking leave without pay. Reasonable period of time
means that period during which the employee is disabled on account of pregnancy,
childbirth, or related conditions.
An employee who plans to take a leave pursuant to this article shall give the City
reasonable notice of the date the leave shall commence and the estimated duration of thc
leave.
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Article 27 Militarv I eavg
Military leave shall be authorized in accordance with the provisions of State and Federal law.
The employee must furnish satisfactory proof to hidher Department Head, as far in advance as
possible, that he/she must report to military duty.
Article 28 Juy Duty.
When called to jury duty, an employee, having provided at least five working days written
notice, shall be entitled to hidher regular compensation. Employees released early from jury
duty shall report to their supervisor for assignment for the duration of the shift. Employees
shall be entitled to keep mileage reimbursement paid while on jury duty.
A Department Head may, at hidher sole discretion, contact the court and request an exemption
and/or postponement of jury service on behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment for
the duration of the work day. At the discretion of the supervisor, an employee may be released
from reporting back to work if an unreasonable amount of the work day remains in light of
travel time to the job site after release.
Article 29 Rest Periods
All CCEA represented employees shall receive, at the direction of the respective department, two
(2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half
shift. Employees working in the field shall take, at the direction of the department, rest periods
at or nearby the work site or return to their department for rest. Rest time is not cumulative
beyond the half scheduled work day within which the break period occurs.
Article 30 Late Starts
An employee who is tardy to work shall be formally counselled by his/her supervisor. If
tardiness continues, the employee may be docked pay at the discretion of the supervisor. Such
docking shall be done in fifteen (15) minute increments. An employee may not substitute
accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the
employee utilize a shortened break period or lunch period.
Article 31 Fkxible Classifications
An employee hired into one of the listed entry level positions shall be reclassified to the journey
level position foilowing twelve (12) months of successful service in the entry level position.
The employee shall be placed at the nearest step of the journey level salary range which
represents a minimum five percent (5%) salary increase.
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Journev Level Pow ..
Account Clerk I
Building Technician I
Engineering Technician I
Library Assistant I
Maintenance Worker I
Maintenance Worker I
Maintenance Worker I
Meter ReadeVRepairer I
Planning Technician I
Police Records Clerk I
Tree Trimmer I
Account Clerk II
Building Technician II
Engineering Technician II
Library Assistant II
Park Maintenance Worker \I
Street Maintenance Worker II
Utility Maintenance Worker II
Meter Reader/Repairer II
Planning Technician II
Police Records Clerk II
Tree Trimmer II
An employee hired into one of the listed entry level positions shall be reclassified to the journ
level position following twenty-four (24) months of successful service in the entry level
position. The employee shall be placed at the nearest step of the journey level salary range
which represents a minimum five percent (5%) salary increase.
Level Pow .. I Po- ..
Building Inspector I Building Inspector II
Code Enforcement Officer I Code Enforcement Officer II
Construction Inspector I Construction Inspector II
Equipment Mechanic I Equipment Mechanic II
Fire Prevention Officer I Fire Prevention Officer II
Librarian I Librarian II
Maintenance Electrician I Maintenance Electrician II
cle 32 Flmuble Start Ho us
CCEA employees, with Department Head approval, may alter their starting time per shift
between the hours of 6:OO a.m. and 9:00 a.m. The Department Head may revoke the flexible
start time at any time and return the employee to regular working hours for that particular
department. An employee shall receive fourteen (14) days notice, unless extenuating
circumstances preclude such a notice, prior to revocation of flexible start hours. This articlc
is not subject to the grievance procedure.
Article 33 FhxUib Work Schedules
Employees hired on or after December 23, 1991, by departments/divisions currently
operating on an alternative work schedule shall be subject to having their daily work schedulc
changed at the sole discretion of the department. Such changes include, but are not limited to
number of daydhours to be worked on a daily basis and in a payroll period; b) normal days c
and c) starting/ending times of assigned shifts. This article shall not be subject to the
grievance procedure.
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9/80 Amlla3jve work s-:
The parties acknowledge that they met and conferred in good faith over the terms and
conditions for implementation of a 9/80 work schedule. The result of that meeting and
conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by which
the parties will control implementation of the 9/80 schedule. Consistent with
Administrative Order No. 57, it is agreed that the 9/80 schedule will be implemented on
a trial basis for a minimum period of nine (9) months and that an evaluation will be
conducted to determine whether the 9/80 will be adopted. This article shall not be
subject to the grievance procedure.
Article 34 Flexible Job Sharing
Two or more employees may, with the express written approval of the City Manager, the Human
Resources Director, and the affected Department Head, participate in a flexible job sharing
program. The specifics of such a program shall be determined by the employees and the City on
a case by case basis. Prior to implementation of any such program(s), a written
agreement setting forth the specifics of the program shall be signed by the affected employees
and the City.
This article shall not be subject to the grievance procedure.
Article 35 Health Insurance
The City agrees to apply funds from its medical insurance reserves so that employees with
coverage under either Northwestern or Kaiser will not pay more than the following
contributions during calendar year 1993 and calendar year 1994:
Cateaonr
Monthlv
NwesternKaiser
.. ee Cow
Employee Only 11.62 7.06
Employee + 1 Dep. 41.20 14.1 1
Employee w/2 Dep. 66.01 19.97
This guarantee shall expire on December 31, 1994.
During calendar year 1993, the City and employee representatives will meet to review uses of
the medical resews. Such meetings will also cover the review of recommendations of Towers
Perrin, the City’s benefit consultant, regarding possible benefit restructuring, including
evaluation of a cafeteria plan. The City’s benefit consultant Towers Perrin may participate in
such meetings.
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Article 36 State Disabilllv Insurance
A Employees represented by CCEA will be enrolled in the State Disability Insurance
Program. (The City agrees to pay the premium.)
B. Employees represented by CCEA shall be entitled to combine accumulated sick leave wil
State Disability payments for the purpose of achieving the equivalent of their pre-
disability salary to the extent allowed by law during any period of nonindustrial
disability. Under no circumstances shall the combination of sick leave and State
Disability Insurance payments exceed the employee’s pre-disability salary.
37 l&ng Term DZmility
During the term of this memorandum, City agrees to continue to provide long term disability
insurance. Said insurance shall provide for a ninety (90) day waiting period prior to paymel
eligibility. In all other respects, said insurance shall continue unchanged.
Article 38 Retirement
A For CCEA represented employees the City shall continue to pay the 100% of employee
seven percent (7%) contributions to PERS. Further, the City will continue to pay fo
single highest year provision and survivors benefit plan.
B. Effective no later than January 1, 1992, the City shall contract with PERS for the
military service credit option. The cost of this option is borne entirely by the employ€
Payments by the employee to PERS are to be arranged by the employee directly with
PERS. Once such a payment schedule has been approved by PERS, the employee may
arrange with the City for such payments to be made by means of payroll deduction.
Article 39 DeferEd Compensation
The City shall provide for a Deferred Compensation Plan which may be utilized by any employ
on an optional basis. The City reserves the right to accept or reject any particular plan and tc
impose specific conditions upon the use of any plan. Such plan shall be implemented without
cost to the City.
Article 40 Health InsULaace for Retirees
Employees who retire from the City, either service or disability, shall be eligible to continue
participate in the City’s health insurance program. The cost of such health insurance for the
employee, and eligible dependents, shall be borne solely by the employee. The City shall not
charge the COBRA administrative cost to the retirees.
In order to qualify for this benefit, the retiree must have a minimum of five (5) years of Cit
service and be a minimum of fifty (50) years of age.
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The retiree must make arrangements with the City to prepay hidher monthly premiums and
must keep such payments current to ensure continued coverage.
A retiree who does not choose continued coverage upon retirement, or drops coverage, is not
eligible to return to the City's health insurance program.
Article 41 Grievance Procedure
A 'grievance" is a formal, written allegation by a grievant that he/she has been adversely
affected by an existing violation, misinterpretation or misapplication of the specific provisions
of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations.
A grievance is not reviewable under this procedure if it is a matter which would require the
modification of a policy established by the City Council or by law, or is reviewable under some
other administrative procedure and/or rules of the City, such as:
( 1 ) Appeals from formal disciplinary proceeding.
( 2 ) Appeals from work performance evaluations.
Procedure
1. lnformal: Every effort shall be made to resolve a grievance through
discussion between the employee and hidher immediate supervisor. It is the spirit and
intent of this procedure that all grievances are settled quickly and fairly without
subsequent discrimination and/or reprisals against employees who may seek to adjust a
grievance. Every effort should be made to find an acceptable solution at the lowest level
of supervision. Within twenty (20) calendar days after a grievant knew, or by
reasonable diligence should have known, of the condition upon which a grievance may be
based, the grievant shall attempt to resolve it by an informal conference with the
grievant's immediate supervisor. The immediate supervisor shall give his/her
response to the employee within five (5) calendar days of the informal conference.
2. Formal: If the problem cannot be resolved between the employee and the
supervisor, the employee may, within twenty (20) calendar days from the date of
receiving the answer from hidher supervisor, request in writing and be granted an
interview with the division manager, if one exists, in order to discuss the grievance.
If the division manager and employee cannot reach a solution to the grievance, the
employee may, within twenty (20) calendar days from the date of receiving the answer
from the division manager, request, in writing, and be granted an interview with the
Department Head.
The Department Head shall render hidher decision in writing within twenty (20)
calendar days of receiving the appeal. If the Department Head and employee are unable to
arrive at a satisfactory solution, the employee may, within twenty (20) calendar days
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from the date of the decision by the Department Head, submit a written appeal and be
granted an interview with the Assistant City Manager.
The Assistant City Manager shall render hidher decision in writing within twenty (21
calendar days of receiving the appeal. If the Assistant City Manager and the employee a
unable to arrive at a satisfactory solution, the employee may, within twenty (20)
calendar days from the date of the decision by the Assistant City Manager, request a
hearing before the Personnel Board.
The employee's request for hearing before the Personnel Board must be addressed to th,
Human Resources Director and received in the Human Resources Department so that
same is date stamped by the Human Resources Department within the 20-day period.
If, within the 20-day appeal, period, the employee involved does not file said appeal,
unless good cause for the failure is shown, the action of the department shall be
considered conclusive and shall take effect as prescribed. If within the 20-day appeal
period, the employee involved files such notice of appeal by giving written notice of
appeal to the Human Resources Department, an appeal hearing shall be established as
follows:
A Where practicable, the date for a hearing shall not be less than 20 calendar dal
nor more than 60 calendar days, from the date of the filing of the appeal with tt
Human Resources Director. The parties may stipulate to a longer or shorter
period of time in which to hear the appeal. All interested parties shall be notifi
in writing of the date, time, and place of hearing.
B. All hearings shall be private provided, however, that the Personnel Board sha
at the request of the employee, open the hearing to the public.
C Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued i
the request of either party, not less than seven calendar days, prior to the
commencement of such hearing. After the commencement of such hearing,
subpoenas shall be issued only at the discretion of the Personnel Board.
D. The hearing need not be conducted in accordance with technical rules relating t(
evidence and witnesses. Any relevant evidence shall be admitted if the Personn
Board so determines, regardless of common law or statutory rules which migh
limit the admissibility of such evidence in court actions. Hearsay evidence is
admissible, but may not be the sole support for any finding. Irrelevant and
unduly repetitious evidence shall be excluded. Privileged information (e.g.,
communications between an attorney and client) shall be subject to the same
limitations as in court actions. The Personnel Board shall rule on the admissic
or exclusion of evidence.
E Each party shall have these rights: To be represented by legal counsel or othe
person of hidher choice: to call and examine witnesses: to introduce evidence:
cross-examine opposing witnesses on any matter relevant to the issues even
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though that matter was not covered in the direct examination; to impeach any
witness regardless of which party first called hidher to testify; and to rebut
the evidence against him/her. If the employee does not testify in hidher own
behalf, he/she may be called and examined as if under cross-examination. Oral
evidence shall be taken only on oath or affirmation. A court reporter will be
engaged to record the hearing, unless the parties (City, Personnel Board,
employee/empioyee representative) mutually agree that same is not necessary.
F. The hearing shall proceed in the following order, unless the Personnel Board, for
special reason, otherwise directs:
1 . The Grievant shall be permitted to make an opening statement;
2. The City shall then be permitted to make an opening statement;
3. The Grievant shall produce the evidence on hidher part; the Grievant
bears the burden of proof and burden of producing evidence;
4. The City may then open its defense and offer its evidence in support
thereof; the City bears the burden of proof and the burden of producing
evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence
only, unless the Personnel Board for good reason, permits them to offer
evidence upon their original case;
6. Closing argument shall be permitted and written briefs may be permitted
at the discretion of the Personnel Board.
G The Personne2 '3oard shall determine relevancy, weight, and credibility of
testimony and evidence. The Personnel Board shall base its findings on the
preponderance of evidence. During the examination of a witness, all other
witnesses, except the parties, shall be excluded from the hearing unless the
Personnel Board, in its discretion, for good cause, otherwise directs. No still
photographs, moving pictures, or television pictures shall be taken in the
hearing chamber during a hearing. The Personnel Board, prior to or during a
hearing, may grant a continuance for any reason it believes to be important to
reaching a fair and proper decision. The Personnel Board shall render its
judgement as soon after the condusion of the hearing as possibk and in no event
later than 30 days after conducting the hearing. The decision shall set forth
which allegations, if any, are sustained and the reasons therefore. The opinion
shall set forth findings of fact and conclusions. The opinion shall be advisory
only.
H. The Personnel Board's opinion and recommendation shall be filed with the City
Manager, with a copy sent to the Grievant, and the Human Resources Director and
shall set forth its findings and recommendations.
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I. Within 30 days of the receipt of the Personnel Board’s findings and
recommendation, and transcript (which is optional only in certain cases),
whichever date is later, the City Manager shall adopt, amend, modify or reject
the recommended findings, conclusions, andor opinions of the Personnel Board
Prior to making a decision which modifies or rejects the recommendation of the
Personnel Board, the City Manager shall order and read the transcript of the
hearing. Prior to making a decision which supports the Personnel Board, the
City Manager may order and read the transcript, at his/her option. The City
option, allow limited oral arguments and/or may request and review written
statements from either side. The decision of the City Manager shall be final and
conclusive. Copies of the City Manager’s decision, including the Personnel
Board’s recommendation(s) shall be filed where appropriate.
Manager shall not conduct a de novo hearing. The City Manager may, at higher
J. Each party shall bear equally the cost of facilities, fees and expBnses, including
the court reporter and transcripts. Each party shall bear its own witness and
attorney fees. If either party unilaterally cancels or postpones a scheduled
hearing, thereby resulting in a fee charged by the court reporter, then the par
responsible for the cancellation or postponement shall be solely responsible fc
payment of that fee. Ttiis process shall not apply to mutual settlements by the
parties which result in a court reporter fee.
K. The provisions of Section 1094.6 of the Code of Civil Procedure shall be
applicable to proceedings under this section.
3. for Grievance PC-: If the time limits for employees’ appeals
any step shouM elapse, the grievance shall be considered withdrawn. Time limits may
extended by mutual consent. If the City fails to respond within the prescribed time
limits, the grievance will be deemed to have been denied and the employee may go to thc
next step. If the City Manager fails to respond within the prescribed time limit, the
grievance will be deemed to have been denied and the employee will be deemed to have
exhausted hidher administrative remedy.
The employee may request the assistance of another person of his/her own choosing in
preparing and presenting hidher appeal at any levels of review. In the event the
employee desires the presence of a representative who is an employee of the City, he/<
shall make such request through the supervisor and the supervisor shall make the
necessary arrangements for the employee representative to be present.
The employee and/or hidher representative may use a reasonable amount of work tin
as determined by the appropriate supervisor or Department Head in presenting the
appeal. However, no employee shall absent himselWherself without first being excust
by hidher supervisor.
No employee shall be required to be represented by an employee organization in
processing a grievance.
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Employees shall be assured freedom from reprisal for using the grievance procedures by
both the City and the employee organization.
The settlement terms of a grievance which is processed by an employee individually or
by an informally recognized employee organization shall not conflict with the express
provisions of a Memorandum of Understanding between the City and the formally
recognized employee organization for such unit, if any.
A group grievance may be filed when one (1) set of circumstances or occurrences affects
more than one (1) employee in the same manner or to the same extent. The group may
file one (1) document which all members of the group have read and signed. Members of
the group shall be limited to those who have signed the grievance. The resolution of a
group grievance may not be consistent among all employees in the group grievance due to
differences in the circumstances or occurrences that brought about the grievance.
A group grievance affecting all members of an employee organization may be brought by
the employee organization itself. In such case the procedure shall be commenced directly
at the City Manager level within fifteen (15) working days after authorized
representatives of the employee organization knew or by reasonable diligence should
have known of the condition giving rise to the grievance and shall be subject to all
applicable time limitations and the provisions set forth above.
The employee and the City may mutually agree to utilize a hearing officer in lieu of the
Personnel Board, as provided herein, to render an advisory decision to the City Manager.
cle 42 RLs41Jhmv Procedures
The tenure of every City employee shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grounds for appropriate
disciplinary action, which shall be commensurate with the seriousness of the offense and with
consideration of the employee’s prior performance record. Grounds for discipline may include
but are not limited to the following:
A, Fraud in securing employment.
B. Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, or
dishonesty.
C Being under the influence of alcohol or intoxicating drugs, without a prescription, while
on duty.
D. Absence without leave.
E Criminal conviction having some relevance to the job.
F. Intentionally being discourteous to the public.
G Unauthorized use of or neglect of City property.
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H. Abuse of sick leave.
I. Unauthorized outside employment.
J. Acceptance of a gift or gratuity that constitutes a willful conflict of interest.
K. Falsification of any City report or record.
L. Willful violation of any of the provisions of the City Code, ordinances, resolutions or a
rules, regulations or policies which may be prescribed by the City Council, City
Manager, department manager, or supervisor.
M. Political activities precluded by State or Federal law.
N. Other acts which are incompatible with service to the public.
. .. Des of DIS-
The following procedures shall be followed when, in the judgement of the Department Head, an
employee has committed an act or omission that justified the disciplinary action indicated.
Except for written warningdreprimands, the Department Head or hidher designee shall advi
employees of contemplated disciplinary actions in writing and allow the employee an
opportunity to respond to such charges prior to taking action. When life, or employee safety,
endangered, or the self-control of an employee is questionable, a supervisor shall take
immediate action to reduce or eliminate the danger or to establish control. In case of an
emergency, an employee shall have all of the rights set forth herein, except the right to recei
prior written notice of proposed disciplinary action. The Human Resources Director must be
contacted immediately.
The following outline describes the progressive discipline process, beginning with informal
counseling (which occurs when a potential problem is first identified) and progressing throu,
alternative actions that increase in severity, if the problem persists. The choice of alternath
disciplinary actions will vary in accordance with the severity of the performance problem, a1
will not necessarily follow the sequence as outlined herein.
1. Oral Warnina/ReDrimand: When a performance or behavioral problem is first
identified, the problem should be discussed with the employee, along with the steps th,
need to be taken in effort to resolve the problem.
If counseling fails to produce the desired changes, oral warningdreprimands will be
given by the supervisor. The oral warning verbally notifies the employee that
performance must be improved.
If the employee fails to improve, more serious disciplinary action will be taken.
2. n Warnlna/ReDrlmand: If the warningheprimand is in writing, the Departmc
Head shall give the employee a copy and forward a copy to the Human Resources Direc
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for review and retention in the employee’s personal history file. A written
warningheprimand shall contain a description of the events which necessitated the
action, specific expectations of change by the employee, and notice of further action in
the event a change by the employee does not occur. An employee shall have the right to
attach a written rebuttal.
3. -: A Department Head may suspend an employee with or without pay from
hidher position. A pre-disciplinary suspension shall be with pay. The appointing
authority shall advise the Human Resources Director in writing of such intended action
and shall give a copy of such statement to the employee. The written statement shall
contain a description of the events which necessitated the suspension, a statement of the
charges, notification that the employee may review and be provided with the materials
leading to the suspension, the right of the employee to meet with the appointing authority
and/or to respond in writing within a reasonable time frame to the charges, and notice of
further action in the event a change by the employee does not occur. Unless extended by
approval of the City Manager on written recommendation of the Department Head, the
maximum period of suspension shall be thirty (30) calendar days. These procedures
are pre-disciplinary in nature.
4. .. or R-n In Pay: A Department Head shall advise the Human Resources
Director in writing of hidher intention to demote or reduce the salary of an employee
prior to taking such action. In demoting an employee or reducing hidher salary, the
Department Head shall make a written notice and shall give a copy of said notice for
demotion or reduction in pay to the employee and forward a copy to the Human Resources
Director for review and retention in the employee’s personal history file. The written
statement shall contain a description of the events which necessitated the demotion, a
statement of the charges, notification that the employee may review and be provided with
the materials leading to the demotion or reduction in pay, the right of the employee to
meet with the appointing authority and/or respond in writing within a reasonable time
frame to the charges, and notice of further action in the event a change by the employee
does not occur. These procedures are pre-disciplinary in nature.
.. 5. u: A Department Head shall advise the Human Resources Director in writing of
hidher intention to dismiss an employee prior to taking such action. In dismissing an
employee, the Department Head shall make a written notice and shall give a copy of said
notice of dismissal to the employee and forward a copy to the Human Resources Director
for review and retention in the employee’s personal history file. The written statement
shall contain a description of the events which necessitated the dismissal, a statement of
the charges, notifcation that the employee may review and be provided with the
materials leading to the dismissal, and the right of the employee to meet with the
appointing authority ancVor respond in writing within a reasonable time frame to the
charges. These procedures are pre-disciplinary in nature.
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Notices
Written notices will be given to the employee in person whenever possible and the employee
signature obtained to indicate receipt. In the absence’of personal service, the notice may be se1
by registered mail.
ee’s m
An employee’s opportunity to respond to the appointing authority is not intended to be an
adversary hearing. An employee has the right to have a representative of hislher own choosint
at the meeting. The employee need not be accorded the opportunity to cross-examine a
department’s witnesses, nor to present a formal case in opposition to the proposed discipline.
However, the limited nature of this response does not obviate the appointing authority’s
responsibility to initiate further investigation if the employee’s version of the facts raises
doubts as to the accuracy of the Department Head’s information leading to the discipline
proposal. An employee may elect not to respond, thereby waiving any further pre-disciplinal
respon,se.
The appointing authority, or hidher designee, will evaluate the proposed discipline in light 01
the employee’s response, if any. Within five (5) working days of the employee’s response, 01
deadline for response, a decision will be transmitted in writing to the employee. Service of thc
decision will be in person or by registered mail.
7
Any permanent employee in the classified service shall have the right to appeal any
termination, suspension of more than one (1) work shift, reduction in salary, or non-
probationary demotion. The appeal process shall not be applicable to those positions which mz
be deemed exempt or to probationary employees. The appeal process shall not be applicable to
verbal and written reprimands, suspensions of one (1) work shift or less, probationary
demotions, performance evaluations and denial of merit increases.
An employee desiring to appeal the appointing authority’s decision shall have ten (10) calend
days after receipt of the response to request a hearing. The employee’s request for a hearing
must be addressed to the Human Resources Director and received in the Human Resources
Department so that same is date stamped by the Human Resources Department within the 10-
day period.
If, within the 1O-day appeal period, the employee involved does not file said appeal, unless got
cause for the failure is shown, the action of the appointing authority shall be considered
conclusive and shall take effect as prescribed. If within the 10-day appeal period, the employ
involved files such notice of appeal by giving written notice of appeal to the Human
Resources Department, an appeal hearing before the Personnel Board shall be established as
follows:
A Where practicable, the date for a hearing shall not be less than 20 calendar days, nor
more than 60 calendar days, from the date of the filing of the appeal with the Human
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Resources Director. The parties may stipulate to a longer or shorter period of time in
which to hear the appeal. All interested parties shall be notified in writing of the
date, time, and place of hearing.
B. All hearings shall be private provided, however, that the Personnel Board shall, at the
request of the employee, open the hearing to the public.
C Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the
request of either party, not less than seven calendar days, prior to the commencement of
such hearing. After the commencement of such hearing, subpoenas shall be issued only
at the discretion of the Personnel Board.
0. The hearing need not be conducted in accordance with technical rules relating to evidence
and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on
which reasonable persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules which might make
improper admission of such evidence over objection in civil actions. Hearsay evidence
may be used for the purpose of supplementing or explaining any direct evidence but shall
not be sufficient in itself to support a finding unless it would be admissible over
objection in civil actions. The rules of privilege shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions, and irrelevant and
unduly repetitious evidence shall be excluded. The Personnel Board shall not be bound
by technical rules of evidence. The Personnel Board shall rule on the admission or
exclusion of evidence.
E Each party shall have these rights: To be represented by legal counsel or other person of
hidher choice; to call and examine witnesses; to introduce evidence; to cross-examine
opposing witnesses on any matter relevant to the issues even though that matter was not
covered in the direct examination; to impeach any witness regardless of which party
first called him/her to testify; and to rebut the evidence against him/her. If the
employee does not testify in hidher own behalf, he/she may be called and examined as if
under cross-examination. Oral evidence shall be taken only on oath or affirmation. A
court reporter will be engaged to record the hearing, unless the parties (City, Personnel
Board, employee/employee representative) mutually agree that same is not necessary.
F. The hearing shall proceed in the following order, unless the Personnel Board, for special
reason, otherwise directs:
1 . The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall produce the evidence on hidher
part; the City bears the burden of proof and burden of producing evidence;
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4. The party appealing from such disciplinary action may then open hidher defens
and offer hidher evidence in support thereof; the employee bears the burden oi
proof and the burden of producing evidence for any affirmative defenses assertel
5. The parties may then, in order, respectively offer rebutting evidence only,
unless the Personnel Board for good reason, permits them to offer evidence up01
their original case;
6. Closing argument shall be permitted and written briefs may be permitted at the
discretion of the Personnel Board.
G The Personnel Board shall determine relevancy, weight, and credibility of testimony a1
evidence. Personnel Board shalt base its findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing unless the Personnel Board, in its discretion, for good cause
otherwise directs. No still photographs, moving pictures, or television pictures shall
taken in the hearing chamber during a hearing. The Personnel Board, prior to or duril
a hearing, may grant a continuance for any reason it believes to be important to reachi
a fair and proper decision. The Personnel Board shall render its judgement as soon af
the conclusion of the hearing as possible and in no event later than 30 days after
conducting the hearing. The decision shall set forth which charges, if any, are sustaine
and the reasons therefore. The opinion shall set forth findings of fact and conclusions.
The opinion shall be advisory only.
H. The Personnel Board may recommend sustaining or rejecting any or all of the charges
filed against the employee. The Personnel Board may recommend sustaining, rejectins
or modifying the disciplinary action invoked against the employee. The Personnel Boa
may not recommend discipline more stringent than issued by the appointing authority#
The Personnel Board’s opinion and recommendation shall be filed with the City Manag’
with a copy sent to the charged employee, and the Human Resources Director and shall
set forth its findings and recommendations. If it is a dismissal hearing and a dismissa
not the Personnel Board’s recommendation, the opinion shall set forth the date the
employee is recommended to be reinstated and/or other recommended action. The
reinstatement date, if appropriate, may be any time on or after the date of disciplinar
action.
I. Within 30 days of the receipt of the Personnel Board’s findings and recommendation, i
transcript (which is optional only in certain cases), whichever date is later, the City
Manager shall adopt, amend, modify or reject the recommended findings, conclusions,
and/or opinions of the Personnel Board. Prior to making a decision which modifies 01
rejects the recommendation of the Personnel Board, the City Manager shall order and
read the transcript of the hearing. Prior to making a decision which supports the
Personnel Board, the City Manager may order and read the transcript, at hidher optil
The City Manager shall not conduct a de novo hearing. The City Manager may, at hid
option, allow limited oral arguments and/or may request and review written statemei
from either side. The decision of the City Manager shall be final and conclusive. &pic
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of the City Manager's decision, including the Personnel Board's recommendation(s)
shall be filed where appropriate, including the employee's personnel file, unless no
discipline is upheM by the City Manager.
J. Each party shall bear equally the cost of facilities, fees and expenses, including the court
reporter and transcripts. Each party shall bear its own witness and attorney fees. If
either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in
a fee charged by the court reporter, then the party responsible for the cancellation or
postponement shall be solely responsible for payment of that fee. This process shall not
apply to mutual settlements by the parties which result in a court reporter fee.
K. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the
City Manager, the time of such suspension, demotion or dismissal shall be effective from
the first day after such delivery of said decision or shall relate back to and be effective
as of the date the employee was disciplined from duty pending hearing before and decision
by the City Manager, whichever is applicable. If discipline imposed resulted in loss of
pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall
be restored to the employee based on the number of standard work hours lost computed at
his/her then base hourly rate.
L. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to
proceedings under this section.
M. The employee and the City may mutually agree to utilize a hearing officer in lieu of the
Personnel Board, as provided herein, to render an advisory decision to the City Manager.
Article 43 Alcohol and mua Policy
I. poucy
It is the policy of the City of Carlsbad to provide, for its employees, a work environment
free from the effects of drugs and alcohol consistent with the directives of the Drug Free
Workplace Act. This policy is intended to accomplish that objective.
A As Used in This Pol&:
1. "Drug" means any substance which produces a physical, mental,
emotional or behavioral change in the user, including but not limited to,
prescription medications, heroin, cocaine, morphine and its derivatives,
P.C.P., methadone, barbiturates, amphetamines, methamphetamines,
alcohol, marijuana, and other cannabinoids.
2. 'Workplace" means any site where City-assigned work is performed,
including City premises, City vehicles or other premises or vehicles,
while City-assigned work is being conducted, or within a reasonable time
thereafter.
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3. ‘Reasonable suspicion” means a standard for evidence or other indicatio
of impairment of normal physical or mental skills by alcohol or drugs
where such impairment could negatively affect work performance or
could pose a threat to public or employee safety.
ee Rem B. . ...
1 . As a condition of employment, employees shall:
a not engage in the unlawful manufacture, distribution,
dispensation, possession or use of alcohol or drugs nor be under
the influence of alcohol or drugs in the workplace or while on-
call;
b. submit to an alcohol and drug analysis and remain on the premisl
when requested to do so by City management, acting pursuant to
this policy, or by law enforcement personnel;
C. notify the City of any conviction under a criminal drug statute
(including any pleas of nolo contendere), if such conviction was
based on a violation which occurred in the workplace, no later
than five days after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d abide by all terms of this policy.
2. Employees are encouraged to notify their supervisors when taking any
medication or drugs, prescription or non-prescription (over-the-
counter medications), which may interfere with safe or effective
performance of their duties or operation of City equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or ar
conviction under a criminal drug statute whose scope and employment
relevant to City employment may result in disciplinary action up to an
including termination if there is relevant nexus between such off-dutl
involvement and the employee’s employment with the City, consistent
with the legal requirements for disciplinary due process.
cv
For the purpose of enforcing this policy and maintaining a drug-free workpla
the City reserves the right to search, with or without prior notice to the
employee, all work areas and property in which the City maintains full or jo
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control with the employee, including but not limited to City vehicles, desks,
lockers, file cabinets, and bookshelves. These areas remain part of the
workplace context even if the employee has placed personal items in them.
Employees are cautioned against storing personal belongings in work areas under
full or joint City control since such work areas may be subject to investigation
and/or search under this policy.
Employer searches shall normally occur when there is a determination of
"reasonable suspicion" as defined herein. Such searches shall normally be
conducted by persons having supervisory and/or other legal authority to conduct
such searches. Searches will not normally occur without concurrence of more
than one supervisor. Nothing herein shall prevent the City from taking
appropriate action if there is an inadvertent discovery of evidence of drug or
alcohol use.
D. .. of Vlolatlon of Polw
1 . Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by
this policy may also be directed to satisfactorily participate in an
approved alcohol or substance abuse assistance or rehabilitation program.
II. d
A AlCcrhpLBnalysis
1 . Prior to receiving an offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis. At the City's
discretion, this analysis may be in the form of "breathalizer," urine, or
blood analysis.
2. Persons whose results are positive for either drugs or alcohol will be
rejected for City employment.
B.
1 . If a manager or supervisor of the City has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the
workplace or subject to duty, the employee shall be:
a Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the City's
discretion, this analysis may be in the form of "breathalizer,"
urine, or blood analysis.
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Ill
C. An employee may also be required to remain on the premises for i
reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of "reasonable suspicion" as defined in Section 1 .A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a slurred speech.
b. alcohol odor on breath;
C. unsteady walking or movement not related to prior injury or
disability;
d an accident involving City property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsh
unusual for that employee or otherwise inappropriate to the
workplace situation;
f. attributable possession of alcohol or drugs;
9. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to
believe that an employee is under the influence of alcohol or dru!
3. Refusal to remain on the premises or to submit to a drug and alcohol
analysis when requested to do so by City management or by law
enforcement officers shall constitute insubordination and shall be grour
for discipline, up to and including termination.
4. A drug and alcohol analysis may test for the presence of any drug which
could impair an employee's ability to effectively and safely perform thc
functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in
disciplinary action, up to and including termination.
A The City has a well established voluntary Employee Assistance Program (EAP)
assist employees who seek help for substance abuse problems. The EAP is
available for assessment, referral to treatment, and follow-up. Any employee
the City wishing confdential assistance for a possible alcohol or drug problem
can call the EAP office and arrange for an appointment with a counselor. The E
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program is provided by Compro and can be reached by calling
758-6800.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-referral
contacts are held in confidence by the EAP.
C Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation of
any City policy.
Article 44 Air Pollution Control District
During the term of this Memorandum, the parties will meet and confer on requirements imposed
by the Air Pollution Control District. Nothing herein shall preclude implementation of such
requirements upon completion of the meet and confer process.
Article 45 Access to Information
The City will make available to CCEA such nonconfidential information pertaining to employment
relations as is contained in the public records of the City, subject to the limitations and
conditions set forth in this article and Government Code Section 6250-6260.
Such information shall be made available during regular office hours in accordance with the
City’s rules and procedures for making public records available and after payment of reasonable
costs, where applicable.
Information which shall be made available to CCEA includes regularly published data covering
subjects under discussion. Data collected on a promise to keep its source confidential may be
made available in statistical summaries, but shall not be made available in such form as to
disclose the source.
Nothing in this article shall be construed as requiring the City to do ,research for an inquirer or
to do programming or assemble data in a manner other than usually done by the City.
Nothing in this article shall be construed to require disclosure of records that are:
,
( 1 ) Personnel, medical and similar files, the disclosure of which would constitute an
unwarranted invasion of personal privacy or be contrary to merit system principles;
( 2 ) Working papers or memoranda which are not retained in the ordinary course of business
or any records where the public interest sewed by not making the record available
clearly outweighs the public interest sewed by disclosure of the record;
( 3 ) Records pertaining to pending litigation to which the City is a party, or to claims or
appeals which have not been settled.
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de 46 Comicam
The parties agree to continue meeting at least once each month during the term of the agreemel
for the purpose of continuing communications on subjects of mutual concern.
cle 47 Legal Represen-
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/her employment as an employee of t'
City.
Nothing herein shall be deemed to require the provision of such defense where the discretion
provide or not provide such defense is vested in the City pursuant to the provisions of the
California Government Code, or where the act or omission was not within the scope of the
employee's employment, or the employee acted or failed to act because of actual fraud,
corruption or actual malice, or where the provision of such defense would create a conflict of
interest between the City and the employee.
Nothing herein shall be construed to grant to any employee any right or privilege in addition
those provided in the said Government Code.
u
Lavoff: The City may layoff an employee in the merit service because of material change in
duties or organization or shortage of work and funds. Ten working days prior to the effective
date of a layoff, the Department Head shall notify the Human Resources Director of the intend
action with reasons therefore, and a statement certifying whether or not the services of the
employee have been satisfactory. A copy of such notice shall be given the employee affected.
certified as having given satisfactory service, the name of the employee laid off shall be placc
on the appropriate reemployment list as provided by these rules.
n In Force Procedures: The following procedures will apply to all probationary and
permanent employees in the event of a reduction in the City work force.
Deflnltlons: The following definitions apply to these procedures:
( 1 ) City Service Seniority shall be determined as the period of total continuous
(a) . ..
service with the City as measured from the date of original appointment.
( 2 ) Classification Seniority shall be determined as the period of total continuous
service of an employee in the present classification as measured from the datc
appointment to that classification.
(b) " motion: Whenever there is a reduction in work force the Cil
shall first demote to a vacancy, if any, in a classification, which the employee with t
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greatest length of continuous City service has previously served and is determined to be
currently qualified. An employe may refuse to accept a demotion and accept layoff
without jeopardizing reemployment rights otherwise provided for in this procedure.
(c) n Force Lavoff " : Whenever there is a reduction in the work force, the City
shall secondly layoff employees within a classification according to continuous service
seniority. Employees with the least continuous City service shall be laid off first.
(d) Notificatlon: Whenever there is a reduction in the work force requiring layoff the City shall send written notice to the last known address of each employee affected by a layoff.
The notice shall include the (1) reason for layoff, (2) classes to which the employee
may demote within the City, if any, (3) effective date of action, (4) conditions
governing retention on and reinstatement from reemployment lists, and (5) rules
regarding waiver of reinstatement and voluntary withdrawal from the reemployment
list.
(e) : In determining continuous City service seniority, all uninterrupted employment from the original date of hire, including periods of
authorized leaves of absence and including all periods of time service seniority, all
uninterrupted employment from the original date of hire, including periods of
authorized leaves of absence and including all periods of time served as a limited term or
CETA employee, shall be counted as continuous City service seniority.
(f) .. of mn n Fm: In a reduction in force the following order of layoffs shall
be followed: (1) part-time, temporary and provisional employees in the affected
classification series; (2) limited term employees in reverse order of their seniority in
the affected class series; (3) City probationary empioyees in reverse order of their
classification seniority in the affected class series; (4) should there be need for further
reduction, regular employees in the affected classification series shall be given the
opportunity to accept or refuse demotion as previously described in Section B in reverse
order of their classification seniority; (5) should a reduction in force still be
necessary, regular employees shall be laid off in reverse order of their classification
seniority.
(9) .. r- Demotion for =ees W- Senloru:
Should two or more employees have identical seniority, the order of layoff and demotion
will be determined by alphabetical order of the employees' surnames.
( h ) Transfer: All effort will be made by the City to transfer any employee who is to be
affected by a reduction in force to another vacant position for which such employee may
qualify.
(i) od of Dn In Force " BumDlna ' : When ..
required due to a reduction in force, employees shall be demoted in the following manner:
41
0 0
( 1 ) Employees who are demoted, who have held permanent status in a lower
classification shall have the right to bump employees of lesser seniority in that lower classification..
( 2 ) Employees who have not actually held status in a lower classification shall be
allowed to demote to a vacant position or to a position held by a City probationar
employee in such lower class, but may not bump regular City employees alread]
in that lower classification.
(i) t of -ees -f a Rwn In Wow: ..
Employees who are demoted as a result of a reduction in force shall have their names
placed on a reinstatement list, in order of their seniority. Vacant positions in which ar
employee has served within a classification series shall first be offered to employees o
this list.
(k) .. ent w Off m of a - In Force: Employees wh
are laid off and who held permanent City status at the time of layoff shall have their
names placed on a reemployment list for classifications at the same or lower salary
range for which they qualify in the order of their classification seniority. Vacant
positions in such classifications will be offered to eligibles on the reemployment list
who qualify for such vacancies prior to an open or promotional recruitment.
(1) n of R- and Re-: The eligibility of individuals on th reinstatement and reemployment list shall extend for a period of two years from the di
of demotion or layoff. Eligibles not responding to written notification of an opening afl
ten working days shall have their names removed from either the reemployment or
reinstatement list.
( m ) Restoration of Ben" a R-n 'n Forca .. : Upon
reemployment following a reduction in force, an individual will have the following
benefits restored:
( 1 ) Prior sick leave accruals.
( 2 ) Seniority at time of layoff for purposes of determining merit increases, vacati
accruals and future reduction in force.
( 3 ) The salary paid to an employee who is reemployed shall be equivalent to the
salary plan at the time of reemployment. If the employee chooses to be
reemployed in a classification which has a salary range lower than the
classification from which he was laid off, then salary placement will be in the
range at the "E" step as reflected in the current effective salary plan at the ti
of reemployment.
( n ) moff of -: Laid off employees are to be paid for all accrued holic
vacation, compensation time and overtime when separated as a result of a layoff. The
42
0 0
sick leave accruals of such employee will remain on the books and will be reinstated if
they are reappointed.
(0) t Contribution: The disposition of the retirement contributions of a laid off employee shall be governed by the provisions of the State of California Public
Employees' Retirement Law as contained in the Government Code.
Water Dis-
1 . Effective February 17, 1992, employees of the Carlsbad Municipal Water District
("CMWD") shall become employees of the City of Carlsbad ("City"). Each CMWD
employee shall retain hidher CMWD classification, salary range, salary step, salary
anniversary date, and seniority date upon becoming a City employee. Each employee's
job title, salary range, and salary step shall be subject to future modification upon
completion of a City classification and compensation study. In no instance shall an
employee's salary be reduced as a result of the City classification and compensation
study.
2. Effective February 17, 1992, each CMWD employee shall be subject to the City's
personnel system as established by the municipal code, the personnel rules and
regulations, administrative orders, the applicable memorandum of understanding, and
other applicable ordinances, resolutions, and rules and regulations dealing with
personnel and employer-employee relations.
3. Effective February 17, 1992, each CMWD employee shall be subject to the work rules
and operations rules of the City.
4. Notwithstanding paragraph 2 above, each CMWD employee shall retain the benefits
granted to CMWD employees as outlined in Attachment B (attached).
5. Unless specifically set forth in paragraph 4 above, all other fringe benefits shall be the
same as those for City employees in the appropriate bargaining units as of February 17,
1992.
6. Employees hired on or after February 17, 1992, into the water operation shall not be
eligible for those benefits set forth in paragraph 4 above.
7. Employees who terminate service with the City (by reason other than lay off) shall not
be eligible for the benefits set forth in paragraph 4 above upon reinstatement to the
City.
8. Employees covered by this provision are listed in Attachment C.
9. No current City employees will be laid off as a result of assimilation of CMWD
employees.
1 0. Former CMWD employees will be in the bargaining unit represented by CCEA.
43
0 0
le 50 Full Undwlmdma. Modlfleation. & Waw ..
It is intended that this agreement sets forth the full and entire understanding of the parties
regarding the matters set forth herein, and any other prior or existing understanding or
agreements by the parties, whether formal or informal, regarding any such matters are heret
superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that CCEA hereto voluntaril
and unqualifiedly waives its right, and agrees that the City shall not be required to negotiate
with respect to any subject or matter covered herein during the term of this agreement.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the
.terms or provisions contained herein shall not be binding upon the parties hereto unless made
and executed in writing by all parties hereto and, if required, approved and implemented by th
City Council.
The waiver of any breach, term or condition of this agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
Article 51 Provisions of Lax
It is understood and agreed that this Memorandum of Understanding is subject to all current ar
future applicable federal and state laws, federal and state regulations. If any part or provisio
of the Memorandum of Understanding is in conflict or inconsistent with such above applicable
laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribun
or competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of this Memorandum of Understanding shall
be affected thereby.
Article 52 ReteLLtion of Benefits
The employees of the City of Carlsbad shall retain all present benefits for the term of this
agreement, except as amended by this Memorandum.
Article 53 m-discrimation Clause
No person shall in any way be favored or discriminated against, by either the City or the
Association, to the extent prohibited by law because of political opinion or affiliation, race,
color, religion, sex, marital status, age, national origin, veteran status, medical condition 01
physical or mental disability. This affects decisions including, but not limited to, an employ€
compensation, benefits, terms and conditions of employment, opportunities for promotion,
training and development, transfer and other privileges of employment.
The City is committed to providing ongoing training to all employees on the subjects of equal
employment, non-discrimination and cultural awareness.
44
e
cle 54 wver-Emplovee Or-Relat*ons Resolution ..
The Employer-Employee Organization Relations Resolution, attached and incorporated as
Attachment D, shall be adopted at a future date by the City.
le 55 Americans With Dlsabllltles Act .. . .. .
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this MOU so as to comply with the ADA. The parties agree to
consult if compliance with the ADA may require modifying the provisions of this MOU.
Article 56 mlilY Leave Act
The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and
implement this MOU so as to comply with the Act. The parties agree to consult if compliance
with the Act may require modifying the provisions of this MOU.
IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized
representative to execute the Memorandum of Understanding the day, month, and year noted
below.
City of Carlsbad Carlsbad City Employees' Association
Dated: Dated: -2
' "_ Steven && - Jantz, " Pr , CCEA _"""""_
Amd as to form:
I_-& """ 4 Q-L Ronald R. Ball, City Attorney
"-
3.3.53
45
1 a 0
ATTACHMENT A Resolution No. Ci3.2
SALARY SCHEDULE - GENERAL EMPLOYEES
CLASSIFICATION RANGE CLASSIFICATION BBK
ACCOUNT CLERK I
ACCOUNT CLERK I1
ACCOUNTANT
ACCOUNTING SUPERVISOR
ASSISTANT ENGINEER
ASSISTANT PLANNER
ASSOCIATE ENGINEER
ASSOCIATE PLANNER
BUILDING INSPECTOR I
BUILDING INSPECTOR I1
BUILDING MAINTENANCE WORKER I
BUILDING MAINTENANCE WORKER I1
BUILDING TECHNICIAN I1
BUYER
CIRCULATION SUPERVISOR
CLERK TYPIST I
CLERK TYPIST I1
CODE ENFORCEMENT OFFICER I
CODE ENFORCEMENT OFFICER I1
COMPENSATION TECHNICIAN
CONSTRUCTION INSPECTOR I
CONSTRUCTION INSPECTOR I1
CRIME PREVENTION TECHNICIAN
CUSTODIAN
CUSTODIAN I1
ENGINEERING TECHNICIAN I
ENGINEERING TECHNICIAN I1
EQUIPMENT MECHANIC I
EQUIPMENT MECHANIC I1
EQUIPMENT MECHANIC LEADWORKER
EQUIPMENT SERVICE WORKER
EVIDENCE AND PROPERTY TECHNICIAN
GRAPHIC ARTIST
GRAPHICS TECHNICIAN
HOUSING SPECIALIST I
LIBRARIAN I
LIBRARIAN I1
LIBRARY ASSISTANT I
LIBRARY ASSISTANT I1
LIBRARY CLERK I
LIBRARY CLERK I1
LIBRARY SERVICES SUPERVISOR
MAINTENANCE ELECTRICIAN I
MAINTENANCE ELECTRICIAN I1
MAINTENANCE WORKER I
MESSENGER
METER READERIREPAIRER I
METER READER/REPAIRER I1
7
15
58
44
74
64
9i
78
55
70
21
39
50
42
35
1
4
43
55
53
55
72
31
1
12
35
5c
34
4c
52
18
11
24
24
46
38
53
24
35
1
4
68
34
38
12
1
18
27
MICROCOMPUTER SPECIALIST
MINUTES CLERK
PARK MAINTENANCE SPECIALIST
PARK MAINTENANCE WORKER I1
PARK MAINTENANCE WORKER I11
PARK DEVELOPMENT COORDINATOR
PERMIT CLERK
PLANNING TECHNICIAN I
PLANNING TECHNICIAN 11
POLICE RECORDS CLERK I
POLICE RECORDS CLERK I1
PROGRA"ER/ANALYST
PROGRA"ER/OPERATOR
RECEPTIONIST/CASHIER
RECREATION SPECIALIST
RECREATZON SUPERVISOR I
RECREATION SUPERVISOR I1
SECRETARY I
SECRETARY I1
SENIOR BUILDING INSPECTOR
SENIOR BUILDING MAINTENANCE WORKER
SENIOR CIRCULATION SUPERVISOR
SENIOR CONSTRUCTION INSPECTOR
SENIOR LIBRARIAN
SENIOR PLANNER
SENIOR RECEPTIONIST CASHIER
SITE MANAGER
STENO CLERK I
STENO CLERK I1
STOREKEEPER
STREET MAINTENANCE WORKER I1
STREET MAINTENANCE WORKER I11
TECHNICIAN I
TXEE TRIMMER I
TREE TRIMMER I1
TREE TRIMMER LEADWORKER
UTILITY MAINTENANCE WORKER I1
UTILITY MAINTENANCE WORKER I11
3TILITY SYSTEMS OPERATOR I1
UTILITY SYSTEMS OPERATOR I11
WORD PROCES' 2 OPERATOR I
WORD PROCESS_.;S OPERATOR I1
1-20-93
AlTACHMENT A THE CITY OF CARLSBAD m
GENERAL EMPLOYEESALARY SCHEDULE
BIWEEKLY SALARIES
(Effective Februarv 2. 1993) B!Y!C!E= alZ!2= SEeR SEE=
1 $706.38 $741.70 $778.79 $817.73 $858.62 1
2 $713.44 $749.1 1 $786.57 $825.90 $867.20 2
3 $720.57 $756.60 $794.43 $834.15 $875.86 3
4 $727.78 $764.17 $802.38 $842.50 $884.63 4
5 $735.06 $771.81 $810.40 $850.92 $893.47 5
6 $742.41 $779.53 $818.51 $859.44 $902.41 6
7 $749.83 $787.32 $826.69 $868.02 $91 1.42 7
8 $757.33 $795.20 $834.96 $876.71 $920.55 8
9 $764.90 $803.15 $843.31 $885.48 $929.75 9
10 $772.55 $81 1.18 $851.74 $894.33 $939.05 10
11 $780.28 $819.29 $860.25 $903.26 $948.42 11
12 $788.08 $827.48 $868.85 $912.29 $957.90 12
13 $795.96 $835.7-6 $877.55 $921.43 $967.50 13
14 $803.92 $844.12 $886.33 $930.65 $977.1 8 14
15 $81 1.96 $852.56 $895.19 $939.95 $986.95 15
16 $820.08 $861.08 $904.13 $949.34 $996.81 16
17 $828.28 $869.69 $913.17 $958.83 $1,006.77 17
18 $836.56 $878.39 $922.31 $968.43 $1,016.85 18
19 $844.93 $887.1 8 $931.54 $978.12 $1,027.03 19
1111111lll~l((1llllllllllll,,,,,,~~,51~IiI~~IIIIIIIII1~,~9,~lfilQ1I~IIIIIII1II~~%I~I(IIP~,~1llllIltll~9,~l~l;~~~~~~l,~~~~~~l~~~~~~~i~~~~~~~~~~~~~~~~~~~~~
21 $861.91 $905.01 $950.26 $997.77 $1,047.66 21
22 $870.53 $914.06 $959.76 $1,007.75 $1,058.14 22
23 $879.24 $923.20 $969.36 $1,017.83 $1,068.72 23
24 $888.03 $932.43 $979.05 $1,028.00 $1,079.40 24
26 $905.88 $951.17 $998.73 $1,048.67 $1,101.10 26
27 $91 4.94 $960.69 $1,008.72 $1,059.1 6 $1,112.1 2 27
28 $924.09 $970.29 $1,018.80 $1,069.74 $1,123.23 28
29 $933.33 $980.00 $1,029.00 $1,080.45 $1,134.47 29
30 $942.66 $989.79 $1,039.28 $1,091.24 $1,145.80 30
31 $952.09 $999.69 $1,049.67 $1,102.1 5 $1,157.26 3 1
32 $961.61 $1,009.69 $1,060.17 $1,113.18 $1,168.84 32
33 $971.23 $1,019.79 $1,070.78 $1 ,124.32 $1,180.54 33
34 $980.94 $1,029.99 $1,081.49 $1,135.56 $1,192.34 34
1111111111'1,1111111111111111(111111 Illltl(lll(lllllllll1111(1111111 111111111111111111111111111111111 11111111111111111111(1111(111111 111111,1,,,,1,,,1111,,,,,,,,,,,, ..........................................
.................................... 1111111111,11111,,1111111))11111 111111,11111,,1,111111111111(1111 111111~1111111111111(111111)11(1 1,111111,,,111111111111111(11111 11111111111111111111111)01111111,,
.................................... 1,111, I ,,,,,,,, 1,,,11,1,,,1,,,,, 1111,1,1111,11111111111111110111 0, ,,,,,,,,,,,,,,, 11111111,111111 1,111111111111111111111111111111 1111111111111111111.11(11((11111(1111111,,
.................................... 25 $896.91 .,1.111.111111.11111,.,,,,,,,,,, $941.76 11111111~11111111111111111111.111 $988.85 1111,1,111111111111',,,,,. $1,038.29 1111** 1111~11111111111111111.11 $1 ,,..,L.,.,,.,..., 090 ............................. 20 25
.................................... 1111,1111111111,1111llllllllllll 11111111~,1,111101,11111(1 1,1111 1,,,,1,11,,1,,,1,11,,.,,, 1,1111 1,111,11,,11,11,111,11(111 ,1811 11111111111111111111111111111111(1101(~
1,llllllll~t5lll(ll111111(1)1111 $990.75 ~14111 )I# 118111111111111 $1 1111111111111111111111)1((11111( 040.29 $1 111)11\11(111)(1111111111111111( 092.30 $1 1111111114111111 149.92 1#11111$111111#1 $1 111111,111111111111111)1111(111111111111,,,,,1, 204.27 35
36 $1,000.66 $1,050.69 $1,103.22 $1,158.38 $1,216.30 36
37 $1,010.67 $1,061.20 $1,114.26 $1,169.97 $1,228.47 37
38 $1,020.78 $1,071.82 $1,125.41 $1,181.68 $1,240.76 38
39 $1,030.99 $1,082.54 $1,136.67 $1,193.50 $1,253.1 8 39
.............................. 40 $1,041.30 1,111, .......................... $1,093.37 ('111 111111111,11,1111111111)1( $1,148.04 ,1,111 I ,,,,,,,,,, 1,1111,1111111 $1,205.44 1,1111 111,111111,111,11111llllll $1,265.71 1.11. (1111111111((11(1)111111111111111111111(, 40
4 1 $1,051.71 $1,104.30 $1,159.52 $1,217.50 $1,278.38 41
32 $1,062.23 $1,115.34 $1,171.1 1 $1,229.67 $1,291.15 42
43 $1,072.85 $1,126.49 $1,182.81 $1,241.95 $1,304.05 43
44 $1,083.58 $1,137.76 $1,194.65 $1,254.38 $1,317.10 44
46 $1,105.36 $1,160.63 $1,218.66 $1,279.59 $1,343.57 46
,,,,,,,,,,,,,,,,I 45 ,,,,,,,,,,,,, $1,094.42 ,,,.,, ,,,,,,,,,,I ,,,,,,,,,,,,, 8, $1,149.14 ,111 I 11,,1111111111111,11(11111 $1,206.60 1,1111 ,1111 ,,,, * ,,,,, 1111,11111 $1,266.93 1,1111 Illlll,lllltllllllll1(1111 $1,330.28 1*111 )11(11)1111)11111111(1111111111111(11111, 45
0 ATTACHMENT A 0
THE CITY OF CARLSBAD
GENERAL EMPLOYEESALARY SCHEDULE
BIWEEKLY SALARIES
[Effective Februarv 2. 1993)
~~ sIE.m SEPG srEU2 SIEEEWJE
47 $1,116.41 $1,172.23 $1,230.84 $1,292.38 $1,357.00 47
48 $1,127.57 $1,183.95 $1,243.15 $1,305.31 $1,370.58 48
49 $1,138.85 $1,195.79 $1,255.58 $1,318.36 $1,384.28 49
,,,,,,,,,1,111,,,,,,,,,,,,,,,, 50 $1 ................................. 150 24 $1 ................................ 207 75 $1 ............................... 268 14 $1 llllldlllllllolll;l.lllllllllll 331 55 $1 llllll.lllll~.llll:llll.llllllllllllllll~~~~,,, 398 13 50
51 $1,161.74 $1,219.83 $1,280.82 $1,344.86 $1,412.10 51
52 $1,173.36 $1,232.03 $1,293.63 $1,358.31 $1,426.23 52
53 $1,185.09 $1,244.34 $1,306.56 $1,371.89 $1,440.48 53
54 $1,196.94 $1,256.79 $1,319.63 $1,385.61 $1,454.89 54
.............................. 55 $1 ,l,n,,,.,,l,,,,r,.,11111.111)(11 208.91 $1 l.ll,l,,1,11111111,111111111)111 269.36 $1 111,11\11111,0111111111110(11 332.83 $1 ,11111l~11.111,,1,1,11111111111)1 399.47 $1 Illllhllllllllllll~.)1011)1(110111~~,,,, 469.44 55
56 $1,221 .OO $1,282.05 $1,346.15 $1,413.46 $1,484.13 56
57 $1,233.21 $1,294.87 $1,359.61 $1,427.59 $1,498.97 57
58 $1,245.54 $1,307.8.2 $1,373.21 $1,441.87 $1,513.96 58
59 $1,258.00 $1,320.90 $1,386.95 $1,456.30 $1,529.12 59
$1 270.58 $1 334.11 $1 400.82 $1 479.86 $1 544.40 60
61 $1,283.29 $1,347.45 $1,414.82 $1,485.56 $1,559.84 6 1
62 $1,296.1 2 $1,360.93 $1,428.98 $1,500.43 $1,575.45 62
63 $1,309.08 $1,374.53 $1,443.26 $1,515.42 $1,591.19 63
64 $1,322.17 $1,388.28 $1,457.69 $1,530.57 $1,607.10 64
66 $1,348.74 $1,416.18 $1,486.99 $1,561.34 $1,639.41 66
67 $1,362.23 $1,430.34 $1,501.86 $1,576.95 $1,655.80 67
68 $1,375.85 $1,444.64 $1,516.87 $1,592.71 $1,672.35 68
69 $1,389.61 $1,459.09 $1,532.04 $1,608.64 $1,689.07 69
.............................. 70 $1,403.51 ,,,,,, ,,,.,,,,, 8 ,,,,,,,,,,,,,,,, $1,473.69 111.1 I,,, I ,,,,,,,,,,,,,,,, ,1111 $1,547.37 1.1111 ,,,,1,1111111~1,,,,,,,,, 1 $1,624.74 ,1111, 010,1111111101111,.,~', $1,705.98 ,1111 11,1,,11.111111111,111111111011111(~ 70
71 $1,417.55 $1,488.43 $1,562.85 $1,640.99 $1,723.04 71
72 $1,431.73 $1,503.32 $1,578.49 $1,657.41 $1,740.28 72
73 $1,446.05 $1,518.35 $1,594.27 $1,673.98 $1,757.68 73
74 $1,460.51 $1,533.54 $1,610.22 $1,690.73 $1,775.27 74
76 $1,489.87 $1,564.36 $1,642.58 $1,724.71 $1,810.95 76
77 $1,504.77 $1,580.01 $1,659.01 $1,741.96 $1,829.06 77
78 $1,519.82 $1,595.81 $1,675.60 $1,759.38 $1,847.35 78
79 $1,535.02 $1,61 1.77 $1,692.36 $1,776.98 $1,865.83 79
80 $1,550.37 $1,627.89 $1,709.28 $1,794.74 $1 884.48 80
81 $1,565.87 $1,644.16 $1,726.37 $1,812.69 $1,903.32 81
82 $1,581.53 $1,660.61 $1,743.64 $1,830.82 $1,922.36 82
83 $1,597.35 $1,677.22 $1,761.08 $1,849.13 $1,941.59 83
84 $1,613.32 $1,693.99 $1,778.69 $1,867.62 $1,961 .OO 84
85 $1,629.45 $1,710.92 $1,796.47 $1,886.29 $1,980.60 85
86 $1,645.74 $1,728.03 $1,814.43 $1,905.15 $2,000.41 86
87 $1,662.20 $1,745.31 $1,832.58 $1,924.21 $2,020.42 87
88 $1,678.82 $1,762.76 $1,850.90 $1,943.45 $2,040.62 88
89 $1,695.61 $1,780.39 $1,869.41 $1,962.88 $2,061.02 89
91 $1,729.70 $1,816.1 9 $1,907.00 $2,002.35 $2,102.47 91
,,,,,,,,,,~,9 ,,,,**,,,,,,, ,1111, I ,,,,1,,111111111111,,,,,,, 11*111,1 ,,,1,,,,,,,,,,,,,,,,,,, 0, ,111 I111111 1111111111111111111 111111,1,1l11111 1,11111111111111 111111,111111111~~1111(1111111111111 1111111111
.............................. 65 $1,335.39 1,111, .......................... $1,402.16 ,,,,, .......................... $1,472.27 ,11111 ,,,,,,,1,,,11*11,,,,,,,,, $1,545.88 ,11111 ,1111 1111,111 111111111111, $1,623.17 ,1111 ,1,111,,,1111~111,,111)1111111111)(11111l 65
~~~~~~~~~~~,~,~~~~~~~~~~~~ $1 ~~~~~~,~~~~~~~~,~~~~~~~~~~~~~~~~~ 475.12 $1 ~~~~~1~~~~~~~~~~~~~~~~~~~~~~~~~~ 548.88 $1 1wntmaumu 62q.32 wmumutt $1 ~~~111111~1~~~~~~1~nllllll~llrnll~ 707.64 $1 ~l~l1,~l~lll~,ll~ll~lllll~~ll((nllellalll~~la~l~ 793.02 75
.............................. ,1111, .......................... ,1111 ,1111 ,,,,,,,11111111,111,, ,,,,a, ,111111111111111,11,lllll 111111 ))111111111111111111llllll 111~1111111111111.11111(111(11111101(11~~~~.~~
.............................. ,.a,,, ,,,,,,* ,11111, I,* ,,,,,,, I, ,,,*a 111,101 1111111.111,11011 ,#.,a 111,1111.111111111111111( 11*118 11~111111~~~11111.111(01 1w1. 11~~1~...~.11011.11...~~~~~~~~~~~...~~~~
I ,,,,,,,,, x! ,,,,,,,,,1111 $1 ,1110 11,111,111111.11 712.97 ,,,,,,,,,, $1 ,1111 h08, 798.20 ,111, I11111111 11,1111, $1 111111\1111,11,11111llllllllllll 888.1 1 $1 1111111111111111~111lllllllllllll 982.52 $2 1111l111111111111111111111)1111111111111l~~llll 081.65 90
0 0
ATTACHMENT B
BENEFITS RETAINED BY CMWD EMPLOYEES
A. -
The City will provide employees and dependents with a choice of
ACWA-Blue Cross Prudent Buyer (Group No. 65460A), ACWA-
California Care (Group No. 59627A), or Kaiser (Group No. 4787-00)
health insurance. The City will provide either of the two ACWA
policies at no cost to the employee, and will contribute an amount
not to exceed the cost of the ACWA policy toward the Kaiser
program.
During the month of July 1992, the City shall hold an open
enrollment for the City’s health, dental, and vision insurance
programs. If an employee elects to enroll in the City’s health, dental
and/or vision insurance program(s), he/she is not eligible to return
to the current plan(s) as set forth above and below, and thereafter
may only participate in City sponsored plan(s).
6. Health Insurance for Retireeg
The City will pay, after retirement of an employee, premiums for
existing medical coverage provided the employee has met the
following requirements:
1. Voluntarily retired after the age of 50 with no less than five
years of service, and whose age combined with years of
service equals 70 or more; or
2. Retired by having reached the mandatory retirement age
established under the State of California Public Employees’
Retirement System with no less than five years of service.
1
a a
Medical coverage for the Retiree will be coordinated with Medicare
and other benefits provided by federal and state law, and will
thereby be reduced when the Retiree qualifies for those benefits.
Medical coverage for the spouse and dependents of a Retiree will bc
coordinated with Medicare and other benefits provided by federal a
those benefits.
Upon death of the Retiree, health insurance coverage for the spousl
and dependents will be continued, provided the spouse keeps the C
informed of hidher name, address and marital status. In the ever
such spouse remarries, his or her eligibility for such coverage
ceases immediately and shall be terminated. As used herein,
“spouse” shall mean the spouse of the employee at the time of the
employee’s retirement.
If the Retiree divorces, neither hidher new spouse nor his/her
former spouse will be eligible for coverage and it shall cease
.immediately and be terminated. The former spouse would only be
eligible for continued health care coverage at his or her expense i
required under federal law.
state law, and will thereby be reduced when the spouse qualifies f
C. Dental Insurance
The City shall provide employees and dependents with a dental PI;
(Delta Care, Group No. 2692 or Delta Dental, Group NO. 399-0139),
including orthodontia coverage for dependent children only, at no
cost to the employee.
D. Eve Care Plan
The City will provide employees and dependents with an eye care
plan (VSP, Plan C, Group No. 228049 A-R). The plan will provide i
reasonable amount of coverage at no cost to the employee.
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E. Life Insurance
The City will provide the employee a group term life insurance
policy (American Bankers Life Assurance Company of Florida, Plan
No. 0670), which will provide protection of 1 x annual pay, up to a
maximum of $50,000 at no cost to the employee. The City also
provides Term Life Insurance and AD&D of $9,000.
F. Deferred Compensation
The City has established a Deferred Compensation Plan which
employees may voluntarily participate in. The City shall match
employee contributions up to a maximum of 7.5% of an employee’s bi-
weekly earnings.
G. Qvertime
Overtime shall be defined as work performed before or after the
regularly scheduled work day or work week. Work in addition to the
regularly scheduled work day shall be paid at the rate of time and
one-half of an employee’s pay. In addition, all hours worked on
Sundays and holidays shall be paid at double time.
H. Standbv
Two employees shall be on standby at all times. Each such employee
shall remain on standby for a one week period and shall receive $100
per week for the standby period. The employee shall be compensated
in the normal manner for any work performed. Standby shall not be
regarded as call back work.
3 Attachment B
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1- Vacation
1. s Rates
After completion of one year of employment, an employee will
be granted vacation time of 80 hours. An employee then begin
earning vacation at the rate of 3.08 hours per pay period.
After the completion of five continuous years of employment,
an employee will be granted vacation time at the rate of 4.62
hours per pay period. After completion of 10 continuous year?
of employment, an employee will be granted vacation at the
rate of 6.15 hours per pay period. After completion of 20
years of continuous service, an employee will be granted
vacation at the rate of 7.69 hours per pay period.
2. Carrvover of Unused Vacation Hours
Vacation time accumulation as of January 1 each year may be
permitted as follows:
Employees with less than 5 years service - 160 hours
Employees with 5 but less than 10 years service - 240 hours
Employees with 10 but less than 20 years service - 320 hour
Employees with 20 or more years of service - 400 hours
Effective January 1 of each year, vacation time in excess of
the above-mentioned hours will be eliminated.
J. Sick Leave Buyback
1. An employee has the option of selling back to the City 100%
any accumulated sick leave in excess of 250 hours.
4
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2. The City, at its discretion, may purchase any accumulated sick
leave from an employee.
K. Sick Leave at Termination
1. Petiremenl
Upon retirement in accordance with either the voluntary
service of compulsory service retirement provisions of
P.E.R.S., an employee will receive 50% of all accumulated sick
leave up to 250 hours. Any accumulated sick leave in excess of
250 hours shall be reimbursable at 100%.
2. Death
Upon an employee’s death, while still employed, all
compensation due an employee will be paid to hidher
designated beneficiary. Compensation for all accumulated
vacation time, 50% of all sick leave up to 250 hours, and 100%
of sick leave in excess of 250 hours shall also be made.
3. Qischaraa
The Department Head shall notify any such employees of
discharge in writing. All such discharged employees shall be
entitled to any normal compensation due, and shall receive all
accumulated vacation time due. If employed at least one year,
an employee will receive 50% of all accumulated sick leave up
to 250 hours and 100% of any sick leave in excess of 250
hours.
4. m
Layoffs may be required due to lack of work, a decrease in or
loss of funds, or changing position requirements. Should
layoffs be required, they will be implemented by considering
5 Attachment B
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an employee’s proficiency, productivity, length of employrnc
attendance, and reliability. Such employees shall receive t\r
weeks written notice of layoff. When layoff is anticipated
exceed 14 days duration, the following shall apply: An
employee will be paid all accumulated vacation pay due. If
employed at least one year, an employee will receive 50% o
all accumulated sick leave in excess of 250 hours to be
reimbursable at 100%.
5. Pesianation
Employment may be terminated at will by an employee. If a
employee wishes to resign, the City desires a two (2) week
notice in writing. All accumulated vacation pay and sick le
compensation will be paid upon resignation. If employed at
least one year, an employee will receive 50% of all
accumulated sick leave up to 250 hours. Any accumulated I
leave in excess of 250 hours shall be reimbursable at 100%
L. Lona-Term Disabilitv
Long-term disability benefits shall be provided at 6643% of pa
with a minimum monthly benefit of $50 and maximum benefit of
$2,500.
M. Lonaevitv Pay
Each classified regular employee will be eligible for longevity
allowance as follows:
After five (5) years of service in the same classification at E st(
an employee will be entitled to an allowance of 5% in addition to
other regular pay, i.e. C.O.L.A., that an employee is entitled to. Ar
employee will then be placed at the L1 step. After an additional
(5) years an employee will be entitled to a 242% increase in
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addition to any other regular pay that an employee is entitled to and
is then classified as an L2.
A $1,500 net award will be given every five (5) years thereafter to
an employee after he/she reaches L2.
N. aecial Merit for Eucation
The City will continue a special merit award system to mutually
benefit employees and the City by stimulating and rewarding
employees for educational accomplishments. This program
recognizes accomplishments in terms of operator certification
according to the following:
Grade Amount one $ ,150
Two $ 300
Three $ 500
Four $1,000
The decision to grant this lump-sum award shall be made by an
employee’s supervisor, with approval by the Department Head. This
is a one-time award granted after obtaining the above certificate(s)
0. Credit U n io Q
The City will permit a payroll deduction bi-weekly for an employee
if he/she wishes to avail himself/herself of the services of the San
Diego County Employees’ Credit Union.
P. Special Housina Facllltleg ...
The City maintains a residence at Squires Dam. The purpose of this
residence is to provide security for CMWD facilities. The following
conditions apply to employee assignment as caretaker:
7 Attachment
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1. -
The employee assigned as caretaker at Squires Dam shall be a
full-time permanent employee.
2. .. rrorltv af Asanmm
In the event of a vacancy at the caretaker residence, priority
of assignment shall be operations crew members first and
construction crew next. Within crew members, longevity wi
the City shall be the second criterion.
3. Sole Place of Residenca
The crew member assigned as caretaker shall maintain the
residence as his/her sole place of residence.
4. Qthers hung at Residence r.
Only City employees and a reasonable number of persons whc
constitute a bona fide single housekeeping unit shall be
allowed to reside at the house.
5. DonsbIlltles , ...
The employee and not the City shall be responsible for the
general maintenance of the house and surrounding property.
The employee shall also be expected to provide security dur
nonworking hours by having themselves, a member of their
household or another City employee on-site four weeknight!
per week and at least three weekends per month. The
employee shall be expected to respond to emergency situat
to include the chlorination facility, the hydroelectric faci
and the mobile chlorination equipment. The employee shall
make a visual inspection of the entire site at least weekly
shall repair any minor fence breaks. The employee shall dl
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a City vehicle. No more than three private vehicles shall be
kept at the residence. No overtime or supplemental
compensation shall be paid for these duties.
6. Rent
The City shall charge an appropriate rent for the residence.
Said rent shall be established from time to time by the City.
The City shall furnish the water supply and electricity for the
residence and the City employee shall be responsible for the
balance of the utilities. Upon change of resident, the City
shall have the propane tank filled and bill the outgoing
resident.
7. Firearms
The employee shall not carry any firearms in the performance
of his/her duties as caretaker nor in City vehicles and shall
not discharge any firearms on City property.
8. Parties
The employee shall notify the Department Head in advance of
any party at the residence involving 15 or more people.
9. Pets
The employee shall be allowed to have only non-house pets and
any pets shall remain within the fenced portion of the property
provided for this purpose. The employee may not keep pets
known to be vicious.
IO. Term
The City maintains the right to change the assignment of the
caretaker responsibility based solely on determination of the
9 Attachment B
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"
City. It is the intent of this provision to create an at-will
tenancy. There shall be an annual review of the caretaker's
performance with the Superintendent and General Manager
Q. Non-Eliaiblllty ..
An employee shall not be eligible for the following benefits provid
by the City:
1. Compensatory time off accrual as set forth in Article 15,
Section 2 of the MOU with CCEA. An employee shall be eligit
to accrue no more than 40 hours of such compensatory time.
2. Sick leave because of illness of a member of the immediate
family, Article 24, Section A (4) of the MOU with CCEA.
3. State disability insurance .as provided by the State of
California, Article 36 of the MOU with CCEA.
10
e e
ATTACHMENT C
CARLSBAD MUNICIPAL WATER DISTRICT
Salary Schedule and Job Classification
Effective Februarv 2. 1 99 3
CLASSlFlCATlON RANGE
Accountant
Accounting Office Assistant
Associate Engineer
Construction & Maintenance Worker I
Construction & Maintenance Worker I1
Engineering Office Assistant 11
Engineering Secretary
Engineering Technician II
Engineering Technician 111
Equipment Operator
Facility Maintenance Leadworker
Senior Construction & Maintenance Worker
Senior Engineering Inspector
Senior Systems Operator
Service Coordinator
Storekeeper
System Operator I
System Operator I1
Water Conservation Specialist
51
31
57
29
32
23
35
39
43
35
35
38
53
40
38
38
31
37
33
Bi-Weeklr
RnNGE
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
0 .ATT.ACHMENT
CARLSBAD MUNICIPAL WA @ DISTRICT
Salaries
Salary Schedule and Job Classification
Effective: February 2, 1993
SlxLA
S701.60
$715.20
$729.60
$744.80
$759.20
$775.20
$791.20
$808.80
$827.20
$841.60
$860.80
$879.20
$898.40
$920.00
$942.40
$962.40
$982.40
$1001.60
$1024.80
$1048.00
$1070.40
$1094.40
$1 118.40
$1 142.40
$1 170.40
$1 194.40
S1221.60
s1252.00
51279.20
S1307.20
SmLR
$729.60
$744.80
$759.20
$775.20
$79 1.20
$808.80
$827.20
$841.60
$860.80
$879.20
$898.40
$920.00
$942.40
$962.40
$982.40
$1001.60
$1024.80
$1048.00
$1070.40
$1094.40
$1 118.40
$1142.40
$1 170.40
$1 194.40
161221.60
51252.00
51279.20
$1307.20
$1338.40
S1367.20
SLux
$759.20
$775.20
$79 1.20
$808.80
$827.20
$841.60
$860.80
$879.20
$898.40
$920.00
$942.40
$962.40
$982.40
$1001.60
$1024.80
$1048.00
$1070.40
$1094.40
$1 118.40
$1 142.40
$1 170.40
S1194.40
51221.60
$1252.00
S1279.20
$1307.20
$1338.40
S1367.20
$1398.60
$1434.40
SWLQ
$791.20
$808.80
$827.;
$841.60
$860.80
$879.20
$898.40
$920.00
$942.40
5962.40
$982.40
$1001.60
$1024.80
$1048.00
$1070.40
$1094.40
$1118.40
$1142.40
S 1 170.40
51194.40
S1221.60
S 1252.00
$1279.20
S1307.20
$1338.40
S1367.20
$1398.60
51434.40
$1456.00
$1484.00
SlXLE
$827.20
$84 1.60
5860.80
S879.20
S898.40
$920.00
$942.40
$962.40
$982.40
S1001.60
51024.80
S1048.00
S 1070.40
51094.40
$1118.40
S1142.40
S1170.40
S 1194.40
51221.60
51252.00
$1279.20
S1307.20
$1338.40
$1367.20
51398.60
S 1434.40
51456.00
31484.00
51516.80
S1544.80
SIEIxl
$868.80
$884.00
$904.00
$923.20
5943.20
$966.40
$989.60
S1010.40
$1031.20
51052.00
S1076.00
$1 100.80
S1124.00
S1148.80
S1174.40
S1199.20
S1228.80
51254.40
51282.40
S1314.40
S 1343.20
51372.80
51405.60
51435.20
51468.80
$1506.40
$1528.80
51558.40
$1592.80
S1622.40
I
RANG E
$5
46
b7
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
0 ATT-ACHMENT CARLSBAD .MUNICIPAL WA m DISTRICT
AlALlsa
m
51338.40
51367.20
51398.60
5 1434.40
51456.00
51484.00
$1516.80
51544.80
51577.60
5 1 608 .OO
5 1640.00
51672.00
51706.40
51740.80
51776.00
51812.00
3 1847.20
5 1888.00
51920.80
51961.60
Salary Schedule and Job Classlflcatloo
Effective: February 2, 1993
SIEui SxLlS m SZLE
51398.60 $1456.00 $1516.80 $1577.60
51434.40 51484.00 $1544.80 51608.00
51456.00 51516.80 51577.60 51640.00
$1484.00 5 1544.80 5 1608 .OO 51672.00
51516.80 51577.60 S 1640.00 51706.40
51544.80 51608.00 51672.00 $1740.80
51577.60 $1640.00 s 1706.40 $1776.00
51608.00 51672.00 5 1740.80 51812.00
51640.00 $1706.40 5 1776.00 51847.20
51672.00 51740.80 51812.00 51888.00
51706.40 51776.00 5 1847.20 51920.80
5 1740.80 51812.00 51888.00 51961.60
31776.00 51847.20 5 1920.80 52000.80
51812.00 51888.00 31961.60 52040.00
31847.20 31920.80 52000.80 52079.20
51888.00 51961.60 52040.00 52120.80
31920.80 52000.80 52079.20 52164.80
51961.60 52040.00 52120.80 52206.40
32000.80 52079.20 52 164.80 52251.20 ,
52040.00 52120.80 52206.40 52296.00
SxEuJ
31656.80
51688.80
51722.40
51755.20
51792.00
51828.00
$1864.80
51902.40
51939.20
51982.40
52016.80
52060.00
52100.80
52142.40
52183.20
52227.20
52272.80
52316.80
52364.00
5241 1.20
0 0 .-
ATTACHMENT D
EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS RESOLUT\ON
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD:
Aflicle 1 rat Provlsrons “
9.
Sec. 1. -
This Resolution implements Chapter 10, Division 4, Title 1 of the
Government Code of the State of California (Sections 3500 et seq.)
captioned “Local Public Employee Organizations,” by providing orderly
procedures for the administration of employer-employee relations
between the City and its employee organizations. However, nothing
contained herein shall be deemed to supersede the provisions of State I
City ordinances, resolutions and rules which establish and regulate the
merit and civil service system, or which provide for other methods of
administering employer-employee relations. This Resolution is intende
instead, to strengthen merit, civil service and other methods of
administering employer-employee relations through the establishment
uniform and orderly methods of communications between employees,
emplsvee organizations and the City.
It is the purpose of this Resolution to provide procedures for
meeting and conferring in good faith with Recognized Employee
Organizations regarding matters that directly affect and primarily inv
the wages, hours and other terms and conditions of employment of
employees in appropriate units and that are not preempted by Federal (
State law. However, nothing herein shall be construed to restrict any
legal or inherent exclusive City rights with respect to matters of genl
legislative or managerial policy, which include among others: The
exclusive right to determine the mission of its constituent departmer
commissions and boards; set standards of service; determine the
procedures and standards of selection for employment; direct its
employees; take disciplinary action; relieve its employees from dub
because of lack of work or for other lawful reasons; maintain the
efficiency of governmental operations; determine the methods, means
personnel by which governmental operations are to be conducted; tak
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necessary actions to carry out its mission in emergencies; and exercise
complete Wnttol and discretion over its organization and the technology
of performing its work.
Sec. 2.
AS used in this Resolution, the following terms shall have the
meanings indicated:
a "Appropriate Unit" means a unit of employee classes or
positions, established pursuant to Article II hereof.
b. "City" means the City of Carlsbad, and, where
appropriate herein, refers to the City Council or any duly authorized City
representative as herein defined.
C. "Confidential Employee" means an employee who, in the
course of his or her duties, has access to confidential information
relating to the City's administration of employer-employee relations.
d. "ConsulUConsultation in Good Faith" means to
communicate orally or in writing for the purpose of presenting and
obtaining views or advising of intended actions; and, as distinguished
from meeting and conferring in good faith regarding matters within the
required scope of such meet and confer process, does not involve an
exchange of proposals and counterproposals with an exclusively
recognized employee organization in an endeavor to reach agreement in tt
form of a Memorandum of Understanding, nor is it subject to Article IV
hereof.
e. "Day" means calendar day unless expressly stated
otherwise.
f. "Employee Relations Officer" means the City Manager c
9- "Impasse" means that the representatives of the City
hidher duly authorized representative.
and a Recognized Employee Organization have reached a point in their
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meeting and conferring in good faith where their differences on matters
to be included in a Memorandum of Understanding, and concerning which
they are required to meet and confer, remain so substantial and prolongec
that further meeting and conferring would be futile.
h. "Management Employee" means an employee having
responsibility for formulating, administering or managing the
implementation of City policies and programs, including but not limited
the following positions:
Administrative aide;
Administrative analyst - water district;
Administrative assistant I;
Administrative assistant 11;-
Assistant city attorney;
Assistant city manager;
Assistant finance director;
Assistant general manager - water district;
Assistant library director;
Building and planning director;
Central services director;
City attorney;
City engineer;
City manager;
Community redevelopment manager;
District engineer - water district;
Executive assistant;
Fire battalion chisf;
Fire chief;
General manager - water district;
Human resources director:
Land use planning manager;
Library director;
Maintenance director;
Parks and recreation director;
Parks superintendent;
Police captain;
Police chief;
3 Attachme
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Police lieutenant;
Principal civil engineer;
Principal planner;
Purchasing officer;
Research and analysis manager;
Recreation superintendent;
Street maintenance superintendent;
Superintendent - water district;
Utilities director;
Utilities maintenance superintendent.
i. “Proof of Employee Support” means (1) an authorization
card recently signed and personally dated by an employee, or (2) a verified
authorization petition or petitions recently signed and personally dated by
an employee, or (3) employee dues deduction authorization, using the
payroll register for the period immediately prior to the date a petition is
filed hereunder, except that dues deduction authorizations for more than
one employee organization for the account of any one employee shall not
be considered as proof of employee support for any employee organization.
The only authorization which shall be. considered as proof of employee
support hereunder shall be the authorization last signed by an employee.
The words “recently signed” shall mean within one hundred eighty (180)
days prior to the filing of a petition.
j- “Exclusively Recognized Employee Organization” means an employee organization which has been formally acknowledged by the
City as the sole employee organization representing the employees in an
appropriate representation unit pursuant to Article II hereof, having the
exclusive right to meet and confer in good faith concerning statutorily
required subjects pertaining to unit employees, and thereby assuming the
corresponding obligation of fairly representing such employees.
k. “Supervisory Employee” means any employee having
authority, in the interest of the City, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other employees,
or responsibly to direct them, or to adjust their grievances, or effective1
to recommend such action if, in connection with the foregoing, the
4
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exercise of such authority is not of a merely routine or clerical nature,
but requires the use of independent judgement.
e II " on ProceedirlgS
Sec. 3. of RecogaLtron Petition bv E-ee Or-
An employee organization that seeks to be formally acknowledged ;
the Exclusively Recognized Employee Organization representing the
employees in an appropriate unit shall file a petition with the Employee
Relations Officer containing the following information and documentatic
.. ..
a. Name and address of the employee organization.
b. Names and titles of its officers.
c. Names of employee organization representatives who are
authorized to speak on behalf of the organization.
d. A statement that the employee organization has, as one of i
primary purposes, the responsibility of representing employees in theil
employment relations with the City.
e. A statement whether the employee organization is a chapte
of, or affiliated directly or indirectly in any manner, with a local,
regional, state, national or international organization, and, if so, the ni
and address of each such other organization.
f . Certified copies of the employee organization's constitutia
and bylaws.
g. A designation of those persons, not exceeding two in numb(
and their addresses, to whom notice sent by regular United States ma'
will be deemed sufficient notice on the employee organization for any
purpose.
5 Attachmd
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h. A statement that the employee organization has no restriction
on membership based on race, color, creed, sex, national origin, age,
physical disability, religious belief, marital status, political opinions or
affiliations.
i. The job classifications or position titles of employees in the
unit claimed to be appropriate and the approximate number of member
employees therein.
j . A statement that the employee organization has in its
possession proof of employee support as herein defined to establish that a
majority of the employees in the unit claimed to be appropriate have
designated the employee organization to represent them in their
employment relations with the City. Such written proof shall be
submitted for confirmation to the Employee Relations Officer or to a
mutually agreed upon disinterested third party.
k. A request that the Employee Relations Officer formally
acknowledge the petitioner as the Exclusively Recognized Employee
Organization representing the employees in the unit claimed to be
appropriate for the purpose of meeting and conferring in good faith.
The Petition, including the proof of employee support and all
accompanying documentation, shall be declared to be true, correct and
complete, under penalty of perjury, by the duly authorized officer(s) of thl
employee organization executing it.
Sec. 4. tv Re~Donse to Recowon ,. Petltlon. ..
Upon receipt of the Petition, the Employee Relations Officer shall
determine whether:
a There has been compliance with the requirements of the
Recognition Petition, and
b. The proposed representation unit is an appropriate unit in
accordance with Sec. 8 of this Article II.
6
J 0 0
If an affirmative determination is made by the Employee Relations
Officer on the foregoing two matters, he/she shall so inform the
petitioning employee organization, shall give written notice of such
request for recognition to the employees in the unit and shall take no
action on said request for thirty (30) days thereafter. If either of the
foregoing matters are not affirmatively determined, the Employee
Relations Officer shall offer to consult thereon with such petitioning
employee , organization and, if such determination thereafter remains
unchanged, shall inform that organization of the reasons therefor in
writing. The petitioning employee organization may appeal such
determination in accordance with Section 11 of this Resolution.
Sec. 5. en Period for Fd~rlg Challma Petitlo& .. ..
Within thirty (30) days of the date written notice was given to
affected employees that a valid recognition petition for an appropriate
unit has been filed, any other employee organization may file a competil
request to be formally acknowledged as the exclusively recognized
employee organization of the employees in the same or in an overlappin!
unit (one which corresponds with respect to some but not all the
classifications or positions set forth in the recognition petition being
challenged), by filing a petition evidencing proof of employee support ir
the unit claimed to be appropriate of at least thirty (30) percent and
othewise in the same form and manner as set forth in Sec. 3 of this
Article II. If such challenging petition seeks establishment of an
overlapping unit, the Employee Relations Officer shall call for a hearin(
such overlapping petitions for the purpose of ascertaining the more
appropriate unit, at which time the petitioning employee organizations
shall be heard. Thereafter, the Employee Relations Officer shall
determine the appropriate unit or units in accordance with the standar
in Sec. 8 of this Article II. The petitioning employee organizations shi
have fifteen (15) days from the date notice of such unit determination
communicated to them by the Employee Relations Officer to amend tht
petitions to conform to such determination or to appeal such
determination pursuant to Sec. 11 of this Article II.
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Sec. 6. Ion Procedura,
The Employee Relations Officer shall arrange for a secret ballot
election to be conducted by a party agreed to by the Employee Relations
Officer and the concerned employee organization(s), in accordance with
its rules and procedures subject to the provisions of this Resolution. All
employee organizations who have duly submitted petitions which have
been determined to be in conformance with this Article II shall be
included on the ballot. The ballot shall also reserve to employees the
choice of representing themselves individually in their employment
relations with the City. Employees entitled to vote in such election shall
b8 those persons employed in regular permanent positions within the
designated appropriate unit who were employed during the pay period
immediately prior to the date which ended at least fifteen (15) days
before the date the election commences, including those who did not work
during such period because of illness, vacation or other authorized leaves
of absence; and who are employed by the City in the same unit on the date
of the election. An employee organization shall be formally acknowledged
as the Exclusively Recognized Employee Organization for the designated
appropriate unit following an election or run-off election if it received a
numerical majority of all valid votes cast in the election. In an election
involving three or more ,choices, where none of the choices receives a
majority of the valid votes cast, a run-off election shall be conducted
between the two choices receiving the largest number of valid votes cast
the rules governing an initial election being applicable to a run-off
election.
There shall be no more than one valid election under this Resolutior
pursuant to any petition in a 12-month period affecting the same unit.
In the went that the parties are unable to agree on a third party to
conduct an doction, the election shall be conducted by the State
Conciliation Service.
Costs of conducting elections shall be borne in equal shares by the
City and by each employee organization appearing on the ballot.
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see. 7. Procedure for Decerttflcatlon of blusivelv Recognim .. .
A Decertification Petition alleging that the .incumbent Exclusively
Recognized Employee Organization no longer represents a majority of th
employees in an established appropriate unit may be filed with the
Employee Relations Officer only during the month of March of any year
following the first full year of recognition or during the thirty (30) day
period commencing one hundred twenty (120) days prior to the termina
date of a Memorandum of Understanding then having been in effect less
than three (3) years, whichever occurs later. A Decertification Petitior
may be filed by two or more employees or their representative, or an
employee organization, and shall contain the following information and
documentation declared by the duly authorized signatory under penalty
perjury to be true, correct and complete.
a The name, address and telephone number of the petitioner ar
designated representative authorized to receive notices or requests fol
further information.
b. The name of the established appropriate unit and of the
incumbent Exclusively Recognized Employee Organization sought to be
decertified as the representat.ive of that unit.
c. An allegation that the incumbent Exclusively Recognized
Employee Organization no longer represents a majority of the employe4
in the appropriate unit, and any other relevant and material facts relal
thereto.
d. Proof of employee support that at least thirty (30) percent
the employees in the established appropriate unit no longer desire to b
represented by the incumbent Exclusively Recognized Employee
Organization. Such proof shall be submitted for confirmation to the
Employee Relations Officer or to a mutually agreed upon disinterested
third party within the time limits specified in the first paragraph of
Section.
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An employee organization may, in satisfaction of the Decertification
Petition requirements hereunder, file a Petition under this section in the
form of a Recognition Petition that evidences proof of employee support
of at least thirty (30) percent that includes the allegation and information
required under paragraph (c.) of this Section 7, and otherwise conforms to
the requirements of Section 3 of this Article.
The Employee Relations Officer shall initially determine whether
the Petition has been filed in compliance with the applicable provisions of
this Article 11. If hidher determination is in the negative, he/she shall
offer to consult thereon with the representative(s) of such petitioning
employees or employee organization and, if such determination thereafter
remains unchanged, shall return such Petition to the employees or
employee organization with a statement of the reasons therefor in
writing. The petitioning employees or employee organization may appeal
such determination in accordance with Sec. 10 of this Article II. If the
determination of the Employee Relations Officer is in the affirmative, or
if hidher negative determination is reversed on appeal, he/she shail give
written notice of such Decertification or Recognition Petition to the
incumbent Exclusively Recognized Employee Organization and to unit
employees.
The Employee Relations Officer shall thereupon arrange for a secre
ballot election to be held on or about fifteen (1 5) days after such notice
determine the wishes of unit employees as to the question of
decertification and, if a Recognition Petition was duly filed hereunder, tl
question of representation. Such election shall be conducted in
conformance with Sec. 6 of this Article II.
During the 'open period" specified in the first paragraph of this SE
7, the Employee Relations Officer may on hidher own motion, when
he/she has mason to believe that a majority of unit employees no longer
wish to be represented by the incumbent Exclusively Recognized Employ:
Organization, give notice to that organization and all unit employees th;
he/she will arrange for an election to determine that issue. In such 8VE
any other employee organization may within fifteen (15) days of such
notice file a Recognition Petition in accordance with this S~C. 7, which
the Employee Relations Officer shall act on in accordance with this seta
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If, pursuant to this Sec. 7, a different employee organization is
formally acknowledged as the Exclusively Recognized Employee
Organization, such organization shall be bound by all the terms and
conditions of any Memorandum of Understanding then in effect for its
remaining term.
Sec. 0. Policy and Standardson of Appropru
Unrts.
The policy objectives in determining the appropriateness of units
shall be the effect of a proposed unit on (1) the efficient operations of tl
City and its compatibility with the primary responsibility of the City an1
its employees to effectively and economically serve the public, and (2)
providing employees with effective representation based on recognized
community of interest considerations. These policy objectives require
that the appropriate unit shall be the broadest feasible grouping of
positions that share an identifiable community of interest. Factors to b
considered shall be:
a. Similarity of the general kinds of work performed, types of
qualifications required, and the general working conditions.
b. History of representation in the City and similar employmen
except however, that no unit shall be deemed to be an appropriate unit
solely on the basis of the extent to which employees in the proposed UI
have organized.
c. Consistency with the organizational patterns of the City.
d. Number of employees and classifications, and the effect on
administration of employer-employee relations created by the
fragmentation of classifications and proliferation of units.
e. Effect on the classification structure and impact on the
stability of the employer-employee relationship of dividing a single 01
related classifications among two or more units.
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Notwithstanding the foregoing provisions of this Section,
managerial, supewisory and confidential responsibilities, as defined in
Sec. 2 of this Resolution, are determining factors in establishing
appropriate units hereunder, and therefore managerial, supervisory and
confidential employees may only be included in a unit consisting solely of
managerial, supervisory or confidential employees respectively.
Managerial, supervisory and confidential employees may not represent any
employee organization which represents other employees.
The Employee Relations Officer shall, after notice to and
consultation with affected employee organizations, allocate new
classifications or positions, delete eliminated classifications or
positions, and retain, reallocate or delete modified classifications or
positions from units in accordance with -the provisions of this Section.
Sec. 9. ProcWe for Modlflcatlon of Estahlrshd Awswiale ..
Unrts.
Requests by employee organizations for modifications of established
appropriate units may be considered by the Employee Relations Officer
only during the period specified in Sec. 7 of this Article II. Such requests
shall be submitted in the form of a Recognition Petition and, in addition to
the requirements set forth in Sec. 3 of this Article, shall contain a
complete statement of all relevant facts and citations in support of the
proposed modified unit in terms of the policies and standards set forth in
Sec. 8 hereof. The Employee Relations Officer shall process such petitiont
as other Recognition Petitions under this Article II.
The Employee Relations Officer may on hidher own motion propose during
the period specified in Sec. 7 of this Article that an established unit be
modified. The Employee Relations Officer shall give written notice of the
proposed modification(s) to any affected employee organization and shall
hold a meeting concerning the proposed modification(s), at which time all
affected employee organizations shall be heard. Thereafter the Employee
Relations Officer shall determine the composition of the appropriate unit
or units in accordance with Sec. 8 of this Article II, and shall give writte
notice of such determination to the affected employee organizations. The
Employee Relations Officer’s determination may be appealed as provided
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in Section 11 of this Article. If a unit is modified pursuant to the motiol
of the Employee Relations Officer hereunder, employee organizations ma;
thereafter file Recognition Petitions seeking to become the Exclusively
Recognized Employee Organization for such new appropriate unit or units
pursuant to Sec. 3 hereof.
Sec. 10. Procedure for AffWn or nisafflllatlon of Fstahlishi .. . .. .
Urn
Requests by employee organizations for affiliation or disaffiliatic
of established appropriate units may be considered by the Employee
Relations Officer only during the period specified in Sec. 7 or this Artic
II. Such requests shall be submitted in the form of a Recognition Petitic
The Employee Relations Officer shall process such petitions as other
Recognition Petitions under this Article II.
Sec. 11. Aboeals.
An employee organization aggrieved by an appropriate unit
determination of the Employee Relations Officer under this Article II IT
within ten (10) days of notice thereof, request the intervention of the
California State Conciliation Service pursuant to Government Code
Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter appe;
such determination to the City Council for final decision within fifteel
(1 5) days of notice of the Employee Relations Officer’s. determination
the termination of proceedings pursuant to Government Code Sections
3507.1 and 3507.3, whichever is later.
An employee organization aggrieved by a determination .of the
Employee Relations Officer that a Recognition Petition (Sec. 3);
Challenging Petition (Sa. 5); Decertification of Recognition Petition
(Sec. 7) or Affiliation or Disaffiliation Petition (Sec. 10) -- or emplo)
aggrieved by a determination of the Employee Relations Officer that a
Decertification Petition (Sec. 7) -- has not been filed in compliance 1
the applicable provisions of this Article may, within fifteen (1 5) days
notice of such determination, appeal the determination to the City Ca
for final decision.
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Appeals to ttie City Council shall be filed in writing with the City
Clerk, and a copy thereof served on the Employee Relations Officer. The
City Council shall commence to consider the matter within thirty (30)
days of the filing of the appeal. The City Council may, in its discretion,
refer the dispute to a third party hearing process. Any decision of the
City Council on the use of such procedure, and/or any decision of the City
Council determining the substance of the dispute shall be final and
binding.
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see. 12. Ion of Current lnformatlon bv Recogntzed
All changes in the information filed with the City by an Exclusively
Recognized Employee Organization under items (a.) through (h.) of its
Recognition Petition under Sec. 3 of this Resolution shall be submitted in
writing to the Employee Relations Officer within fourteen (14) days of
such change.
Sec. 13. s on Rehalf of Ern~l~yee Or-
Upon formal acknowledgement by the City of an Exclusively
Recognized Employee Organization under this Resolution, only such
Recognized Employee Organization may be provided payroll deductions of
membership dues and insurance premiums for plans sponsored by such
organization upon the written authorization of employees in the unit
represented by the Exclusively Recognized Employee Organization on form!
provided therefor by the City.. The providing of such service to the
Exclusively Recognized Employee Organization by the City shall be
contingent upon and in accordance with the provisions of Memoranda of
Understanding and/or applicable administrative procedures.
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See. 14. ee Oraanwon Actlvttles " e of Clty . ..
EasuKaL
Access t0 city work locations and the use of City paid time,
facilities, equipment and other resources by employee organizations and
those representing them shall be authorized only to the extent provided
for in Memoranda of Understanding and/or administrative procedures,
shall be limited to lawful activities consistent with the provisions of
this Resolution that pertain directly to the employer-employee
relationship and not such internal employee organization business as
soliciting membership, campaigning for office, and organization meeting
and elections, and shall not interfere with the efficiency, safety and
security of City operations.
Sec. 15. Instratwe Rules and Procedures,
The City Manager is hereby authorized to establish such rules and
..
procedures as appropriate to implement and administer the provisions o
this Resolution after consultation with affected employee organizations
cle IV " se Procw
Sec. 16. se Proceues,
If the meet and confer process has reached impasse as defined in
this Resolution, either party may initiate the impasse procedures by fil
with the other party a written request for an impasse meeting, togethel
with a statement of its position on all issues. An impasse meeting sha
then be scheduled promptly by the Employee Relations Officer. The
purpose of such meeting shall be:
a To review the position of the parties in a final effort to real
agreement on a Memorandum of Understanding; and
b. If the impasse is not resolved, to discuss arrangements for
utilization of the impasse procedures provided herein.
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Sec. 17. mse Proceares,
Impasse procedures are as follows:
a. If the parties agree to submit the dispute to mediation, and
agree on the selection of a mediator, the dispute shall be submitted to
mediation. All mediation proceedings shall be private. The mediator shall
make no public recommendation, nor take any public position at any time
concerning the issues.
b. If the parties fail to agree to submit the dispute to mediation
or fail to agree on the selection of a mediator, or fail to resolve the
dispute through mediation within fifteen (15) days after the mediator
commenced meeting with the- parties, the parties may agree to submit the
impasse to fact-finding.
c. If the parties agree on fact-finding, they may agree on the
appointment of one or more fact-finders. If they fail to so agree on one 01
more fact-finders, a fact-finding panel of three (3) shall be appointed in
the following manner: One member of the panel shall be appointed by the
Employee Relations Officer, one member shall be appointed by the
Exclusively Recognized Employee Organization, and those two shall name i
third, who shall be the chairperson. If they are unable to agree upon a
third, they shall select by agreement the third member from one or more
lists of seven (7) names of individuals having fact-finding experience in
the municipal sector to be provided by the State Conciliation Service.
The following constitute the jurisdictional and procedural
requirements for fact-finding:
(1) The fact-findets shall consider and be guided by applicable
Federal and State laws.
(2) Subject to the stipulations of the parties, the fact-finders
shall determine and apply the following measures and criteria in arrivin
at their findings and recommendations:
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II (a) First, as relevant to the issues in dispute, the fact-finders
shall compare the total compensation, hours and conditions of employme1
of the employees involved in the fact-finding proceeding with the total
compensation, hours, and conditions of employment of other employees
performing similar sewices in public and private employment in the Saml
and comparable communities. "Total compensation" shall mean all wage
compensation, including but not limited to premium, incentive, minimum
standby, out-of-class and deferred pay; all paid leave time; all
allowances, including but not limited to educational and uniform benefit
and employer payments for all health, welfare and pension benefits.
(b) The fact-finders shall then adjust the results of the above
comparisons based on the following factors:
(i) The compensation necessary to recruit and retain
qualified personnel.
(i i) Maintaining compensation relationships between job
classifications and positions within the City.
(i i i) The pattern of change that has occurred in the total
compensation of the employees in the unit at impasse as compared to th
pattern of change in the average "consumer price index" for goods and
services, and the pattern of change in wages and compensation of other
wage earners.
(c) The fact-finder(s) shall then determine preliminary
recommendations based on the comparisons as adjusted above which,
however, shall be reduced as appropriate based on the financial resourcc
'of the City to implement them. In assessing the City's financial
resources, the fact-finder(s) shall be bound by the following:
(I) Other legislatively determined and projected demands
agency resources, i.e., budgetary priorities as established by the goverr
body; and
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(i i) Al!owance for equitable compensation increases for
other employees and employee groups for the corresponding fiscal
period(s); and
(i i i) Revenue projections not to exceed currently authorized
tax and fee rates for the relevant fiscal year(s); and
(iv) Assurance of sufficient and sound budgetary reserves;
and
(v) Constitutional, statutory limitations on the level and use
of revenues and expenditures.
(3) The fact-finder(s). shall make written findings of fact and
recommendations for the resolutions of the issues in dispute, which shall
be presented in terms of the criteria, adjustments, and limitations
specified above. Any member of a fact-finding panel shall be accorded the
right to file dissenting written findings of fact and recommendations.
The fact-finder or chairperson of the fact-finding panel shall serve such
findings and recommendations on the Employee Relations Officer and the
designated representative of the Exclusively Recognized Employee
Organization. If these parties have not resolved the impasse within ten
(10) days after service of the findings and recommendations upon them,
the fact-finder or the chairperson of the fact-finding panel shall make
them public by submitting them to the City Clerk for consideration by the
City Council in connection with the Council's legislative consideration of
the impasse.
If the parties did not agree on mediation or the selection of a
mediator and did not agree on fact-finding, or having so agreed, the
impasse has not been resolved, the City Council may take such action
regarding tho impasse as it in its discretion deems appropriate as in the
public interm. Any legislative action by the City Council on the impass
shall be final and binding.
Sec. 18. m&lmoassQdureL
The costs for the services of a mediator and fact-finder or
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chairperson of a fact-finding panel utilized by the parties, and other
mutually incurred Costs of mediation and fact-finding, shall be borne
equally by the city and the Exclusively Recognized Employee Organizatiol
The cost for a fact-finding panel member selected by each party, and ot
separately incurred costs, shall be borne by such party.
Article V . " Miscellaneous Provlslons a.
Sec. 19. struction,
This Resolution shall be administered and construed as ,follows:
(a) Nothing in the Resolution shall be construed to deny to any
person, employee, organization, the City, or any authorized officer, bod)
other representative of the City, the rights, powers and authority grant
by Federal or State law.
(b) This Resolution shall be interpreted so as to carry out its
purposes as set forth in Article I.
(c) Nothing in this Resolution shall be construed as making the
provisions of California Labor Code Section 923 applicable to City
employees or employee organizations, or of giving employees or emplo]
organizations the right to participate in, support, cooperate or encoural
directly or indirectly, any strike, sickout or other total or partial
stoppage or slowdown of work. In consideration of and as a condition (
initial and continued employment by the City, employees recognize tha
any such actions by them are in violation of their conditions or
employment except as expressly othemise provided by legally preemp
State or contrary local law. In the event employees engage in such
actions, they shall subject themselves to discipline up to and includin
termination, and may be permanently replaced, to the extent such actic
are not prohibited by preemptive law; and employee organizations ma)
thereby forfeit any rights accorded them under City law or contract..
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Sec. 20. Sevemhlu ..
If any provision of this Resolution, or the application of such
provision to any persons or circumstance, shall be held invalid, the
remainder of this Resolution, or the application of such provisions to
persons or circumstances other than those as to which it is held invalid,
shall not be affected thereby.
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