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Home My WebLink About1996-09-17; City Council; Resolution 96-309.. 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 9 6 - 3 0 9 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 City Employees' Association have met and conferred in good faith from June 1996 to August 1996 pursuant to the Meyers-Millias-Brown Act regarding wages and other terms and conditions of employment; and WHEREAS, said representatives have reached agreement which they desire to submit to the City Council for consideration and approval; and WHEREAS, the City Council has determined it to be in the public interest to accept such an agreement in the form of a Memorandum of Understanding, marked Exhibit 2 and incorporated by reference herein; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That an estimated $55,000 in funds will be transferred from the CCEA employees' respective contingency fund and fund balances to cover the expense of a 1.3% salary adjustment effective January 1, 1997. That the Classification and Salary Range Schedule for General Employees as set out in Attachment A of the MOU be adopted. //// ///I //I/ ///I 1 2 3 4 5 6 7 €3 9 10 11 12 13 0 0 3. Association and representatives of management is hereby accepted. That the Memorandum of Understanding between the Carlsbad City Employees' PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of SEPTEMBER , 1996; by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Nygaard, Kulchin, Finnila, Hall ATTEST: 16 I.7 18 19 20 21 22 23 24 25 26 27 28 (SEAL) 0 0 - Exhibit 2 MEMORANDUM OF UNDERSTANDING between the City of Carlsbad and the Carlsbad City Employees’ Association Effective January 1,1996, through December 31,1998 0 0 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Foreword ............................................................................................................ 1 Preamble ........................................................................................................Page 1 Article 1 Recognition ............................................................................ Page 1 Article 3 Term ....................................................................................... Page 2 Article 5 Effective Dates ....................................................................... Page 2 Article 2 Implementation ...................................................................... Page 1 Article 4 Renegotiation ......................................................................... Page 2 Article 6 Authorized Agents ................................................................. Page 2 Article 7 No Strike and No Lockout ..................................................... Page 2 Article 8 City Rights ............................................................................. Page 3 Article 11 Confidential Employees ......................................................... Page 6 Article 13 Distribution of Paychecks ...................................................... Page 6 Article 14 Compensation Adjustments ................................................... Page 6 Article 15 Overtime ................................................................................ Page 7 Article 16 Working Out of Class ............................................................ Page 10 Article 17 Injured on Duty ...................................................................... Page 11 Article 19 Uniforms and Equipment ....................................................... Page 12 Article 20 Tool Reimbursement .............................................................. Page 13 Article 21 Longevity Pay ........................................................................ Page 14 Article 23 Holidays ................................................................................. Page 17 Article 24 Sick Leave .............................................................................. Page 18 Article 25 Bereavement Leave ................................................................ Page 20 Article 26 Leave of Absence ................................................................... Page 20 Article 9 Employee Rights .................................................................... Page 3 Article 10 Association Rights ................................................................. Page 4 Article 12 Payroll Deductions ................................................................. Page 6 Article 18 Bilingual Pay .......................................................................... Page 12 Article 22 Vacation ................................................................................Page 15 .. Article 27 Military Leave ........................................................................ Page 22 Article 28 Jury Duty ................................................................................ Page 22 Article 29 Rest Periods ...........................................................................Page 23 Article 30 Late Starts ..............................................................................Page 23 Article 3 1 Flexible Classifications .......................................................... Page 23 Article 32 Flexible Start Hours ............................................................... Page 24 Article 33 Flexible Work Schedules ....................................................... Page 24 Article 34 Flexible Job Sharing .............................................................. Page 24 Article 3 5 Health Insurance .................................................................... Page 25 Article 37 Long Term Disability ............................................................. Page 26 Article 38 Retirement .............................................................................. Page 26 Article 39 Deferred Compensation .......... ...............................................Page 26 Article 36 State Disability Insurance ......................................................Page 25 0 0 - Memorandum of Understanding Table of Contents Page 2 Article 40 Health Insurance for Retirees ................................................. Page 26 Article 41 Grievance Procedure .............................................................. Page 27 Article 42 Disciplinary Procedures ......................................................... Page 32 Article 43 Alcohol and Drug Policy ....................................................... Page 38 Article 44 Air Pollution Control District ................................................ Page 42 Article 46 Communications .................................................................... Page 42 Article 47 Legal Representation ............................................................. Page 42 Article 49 Carlsbad Municipal Water District ........................................ Page 46 Article 50 Full Understanding, Modification & Waiver ......................... Page 46 Article 52 Retention of Benefits ............................................................. Page 47 Article 53 Non-discrimination Clause .................................................... Page 47 Resolution .............................................................................. Page 47 Article 55 Americans With Disabilities Act ........................................... Page 48 Article 56 Family Leave Act ................................................................... Page 48 Article 45 Access to Information ............................................................ Page 42 .. Article 48 Layoff ..................................................................................... Page 43 Article 51 Provisions of Law .................................................................. Page 47 Article 54 Employer-Employee Organization Relations Attachment A Attachment B Attachment C Attachment D Employer-Employee Relations Resolution Salary Schedule - General Employees Benefits Retained by CMWD Employees CMWD Salary Schedule and Job Classification 0 e 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 Recopnition 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 1 1 , 1976, and approved April 20,1976, in accordance with the Carlsbad Municipal Code. Attachment C lists additional classifications added to this unit. 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. B. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequei to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum she not be binding upon the parties either in whole or in part unless and until: 1 * 0 - The City Council acts, by majority vote, formally to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum of Understanding shall be fiom January 1,1996, through December 3 1, 1998. Article 4 ReneEotiation In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum of Understanding, that party shall serve upon the other a notice of such intent 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. At such meeting, the parties will decide on a date for the mutual exchange of the issues each wishes to address during the meet and confer process. Such exchange shall occur not more than thirty (30) days after such meeting. Article 5 Effective Dates As of January 1, 1996, the terms of this Memorandum of Understanding will supersede the provisions of Resolution No. 95-1 57 adopted by the City Council of the City of Carlsbad on June 20, 1995. After re-opening on an extension of the contract covering calendar year 1996, CCEA and the City have agreed that as of September 17,1996, the terms of this Memorandum o Understanding will supersede the provisions of Resolution No. 96-84 adopted by the City Council of the City of Carlsbad on March 12,1996. Article 6 Authorized APents For the purpose of administering the terms and provisions of this Memorandum: A. City’s principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (61 9) 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. CCEA authorized representative shall be its President or authorized representative (Oh Foerster & Hayes, Attention Doug Olins, 2214 Second Avenue, San Diego, California B. 92101, (619) 238-1601). Article 7 No Strike and No Lockout A. No Strike. During the life of this agreement, neither the Association nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike 2 0 0 (including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any other intentional disruption of the operations of the City, regardless of the reason for so doing. Penalty. Any employee engaging in activity prohibited by Article 7, A., or who instigate: or gives leadership to such activity, shall be subject to disciplinary action. No Lockout. 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. Association Official Responsibility. 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 Association agrees to inform its members of their obligations under this agreement and to direct them to return to work. B. C. D. Article 8 City RiPhts 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 fiom duty because of lack of work or other legitimate reason; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 9 Employee Riphts 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. 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 hisher rights under this Article. An individual employee reserves the right to individual representation, upon formal notice to CCEA and the City, on any matter of Employer-Employee Relations. CCEA shall be provided notice of the results of such individual Employee-City meetings. B. C. D. 3 0 0 Article 10 Association Rights A. B. The City recognizes the right of CCEA to govern its internal affairs. 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 Sheet” shall be borne by CCEA. CCEA agrees to indemnify and hold the City harmless for 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 exclusive use by CCEA shall be provided at City Hall, Las Palmas and the main Library). Material placed on said bulletin boards shall be at the discretion of CCEA. City may remove CCEA 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, 11) Senior Center. By mutual agreement additional locations may be added. CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the bulletin boards furnished by the City for the exclusive use by CCEA. Twice annually, within thirty (30) days of written request from CCEA, the City agrees to provide CCEA with a listing of names, departments, and classifications of employees in classifications represented by CCEA. Names, departments, and classifications provided will reflect the most current data on file with the Human Resources Department as of the date the list is prepared. 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 an] work location without the consent of the Department Head or hisher designee or the CiQ Manager or hisher designee. The Department Head or hisher 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 c City facilities for after hour meetings. C. D. E. F, 4 0 0 G. 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 and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or present materials during off-duty time shall da 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 hisher immediate supervisor in writing within a reasonable time period t( the date requested, in order to assure that the department meets its staff needs and to assure sufficient coverage of departmental assignments. 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) so on their own time, Employee representatives and employees who attend discipline OT H. 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. That any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules. (2) 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. 5 @ e Article 11 Confidential Emglovees 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) 2) 3) 4) Unit employees assigned to the Human Resources Department. Unit employees assigned to the City Manager’s Office. Unit employees assigned to the City Attorney’s Office. Unit employees assigned to payroll function in the Finance Department and the Finance Department Secretary. Data Processing Programmer, assigned to Information Systems Department. 5) Article 12 Payroll Deductions The City shall withhold deductions in amounts designated by CCEA members providing change do not occur more frequently than once each fiscal year. Article 13 Distribution of Paychecks For CCEA represented employees the City shall continue to distribute employee pay checks in sealed and windowed envelopes. . Article 14 ComDensation Adiustments Employees in the bargaining unit shall receive a general salary increase equal to two percent (2%) of salary, effective January 1, 1996. Employees in the bargaining unit shall receive a general salary increase equal to 1.3 % of salary effective the pay period inclusive of January 1, 1997. Employees in the bargaining unit shall receive a general salary increase equal to 1.836 YO of salary, effective the pay period inclusive of January 1, 1998. 6 0 e Article 15 Overtime 1. Overtime Any employee required to perform in excess of 40 hours in a 7 day cycle and/or in exces: of an employee’s normal work day shall receive compensation at the rate of time and one half hisher 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 in 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 activities. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. 2. Call Back Pay 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 hisher prior shift or is working prior to hisher regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two (2) hours work commencing at the time of the page, exceDt 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. Cornpensatow Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect, subject to department approval, to receive Compensatory time off on a time and one-half basis. No employee shall accrue more than 80 hours of such compensatory time. Shoulc any employee exceed 80 hours of accrued compensatory time, he/she shall be paid at tim and one-half hisher regular rate. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. On December 1 of each year, an employee may elect to “cash out” any portion of hisher accrued compensatory time at hisher regular rate of pay. Notice shall be provided to the Human Resources Department no later than November 15 of the employee’s election to 7 0 0 “cash out” a portion of hisher accrued compensatory time. This “cash out” shall be paid during the first pay period in December. 4. Overtime Authorization All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible. explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. An employee’s failure to obtain prior approval may result in the denial of the overtime request. 5. Clothes Changing 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 hisher own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at hisher own discretion. Nothing herein prevents an employee from wearing hisher uniform to and/or from hisher residence to work. Nothing herein prevents an employee from wearing hisher 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 Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et. Seq. Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et. Seq. When feasible, the Department will adjust the employee’s work schedule to minimize the impact of travel and training time. 7. City Vehicle Use Employees who are provided with a City vehicle to travel to and from work shall not be 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. 8 0 0 8. Court Pav When an employee is physically called to court, while off duty, he/she shall be credited 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 shall not be considered hours worked and shall not be compensated in any manner whatsoever. 9. Standby Pav “Standby assignment” requires an employee to: a. Review and confirm receipt of the standby assignment schedule within the deadlines established by the applicable department; Wear a City-provided pager and carry a City-provided cellular phone during standby assignment; Respond to a page by telephone promptly without delay. If an employee has arranged for another employee to respond, the employee must notify the supervisor, the department, and dispatch of the name of the substitute employee who will respond. Thereafter, callback shall be handled in accordance with each department’s standby/callback policy; Each department’s standby/callback policy shall be developed and submitted to Association representatives for meeting and conferring which shall be completed within sixty (60) days of the final approval of this agreement. In addition, the City shall provide training for the supervisors and managers responsible for administering departmental standby/callback policies and shall also provide orientation for all employees subject to the standby/callback policies; Abide by the City’s Alcohol and Drug Policy as specified in Article 43 of this agreement during standby assignment; Wear appropriate clothing, safety equipment, and any other form of City identification as defined by the department when making a callback response fron standby assignment; Accept $20.00 per day (or $14.29 for former CMWD employees) for each day on standby assignment. Acknowledge and agree that time on standby assignment is not considered to be compensable work time for purposes of the Fair Labor Standards Act (FLSA); provided, however, (1) individuals have not waived any rights they may have outside of this contract under the FLSA; and (2) neither the fact of these negotiations nor the changes negotiated in this agreement shall be used by either b. c. d. e. f. g. h. 9 0 0 party or by any individual to the prejudice of the other party in any grievance or complaint outstanding as of fhe time of this agreement. 10. Shift Trades 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 hisker compensable hours increased as a result of the trade; nor shall the employee receiving the trade have hisher 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. Early Relief 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 hisker compensable hours increased as a result c the early relief; nor shall the employee relieved early have hisker 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. Article 16 Workinv Out of Classification 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 (1 5) consecutive working days or more than forty-five (45) cumulative working day within a fiscal year, the employee shall receive the salary rate of the higher class in which he/shc is performing the required duties. In such cases, the employee shall be paid at an appropriate 10 0 0 step of the salary schedule of the higher classification which will assue an increase of not less than 5% greater than the salary of hisher current position, but in no case shall such salary exceed the top salary step of the higher classification. The higher salary rate payable shall commence on the sixteenth (1 6th) working day following the temporary reassignment of the performance of duties of the higher classification. The requirement for the 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 is 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 more than one hundred and eighty (1 80) calendar days in a higher classification unless approved by the City Manager. A person appointed in an acting capacity shall be eligible to receive merit increases in hisher 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 temporary performance of any of the duties of the higher classification beyond a period of fifteen (1 5) working days, prior to the employee’s assuming or continuing the duties and compensation of a higher classification, which consent shall clearly state that it is understood that a reduction in salary shall be effected to hisher original salary rate upon the expiration of the need for the performance of the duties of the higher classification. Article 17 Iniured on Duty ’ Occupational Sick Leave is leave with pay that is granted to employees who have sustained a work related injury or illness and are temporarily disabled from work. Any general employee that sustains a work related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period of up to forty-five (45) calendar days 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 not as a new injury. In this situation, the employee will not be entitled to any occupational sick leave benefit which exceeds the original maximum of forty-five (45) calendar days. The City reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures and standards (including predesignated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers’ compensation matters. 11 e 0 An employee that is still temporarily disabled after the forty-five (45) calendar days have been exhausted will be paid at the rate established by the California Labor Code for such disabilities. However, the City shall supplement the State rate, up to the employee’s full salary level, by utilizing any vacation, sick, or compensatory leave that the employee has accrued. Once the employee’s accrued leave has been exhausted, the employee will be compensated at the State rat( 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 forty-five (45) calendar days. However, once the maximum occupational sick leave benefit has been exhausted [forty-five (45) calendar days] the employee will no longer accrue sick or vacation leave for the duration of hisher absence. Article 18 Bilingual 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 persondpositions 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 proficiency tes in the Spanish language as determined appropriate by the City. This Article shall not be subject to the grievance procedure. Article 19 Uniforms and Equbment A. The City shall continue to provide and maintain uniforms in the maintenance departments. Employees shall be responsible for proper care and maintenance of uniforms. Except for reasonable travel time to and from work, uniforms shall not be worn outside the context of performing maintenance functions while on duty or as otherwise acting as an agent of the City. The City shall continue to purchase safety boots or safety shoes for classifications as determined by the City. The City shall establish, subject to consultation with the affected employees, a voucher system to purchase safety footwear from City-approved vendors. Individual acquisitions made outside the voucher system must be pre-approved for reimbursement after review by the employee’s supervisors. Acquisition of safety footwear shall be limited to a maximum of two (2) times per year not to exceed a cost of $125 per acquisition. In special circumstances as determined and B. C. D. 12 e 0 pre-approved by the employee’s supervisor, safety footwear acquisition requiring an expenditure over $125 may be made one (1) time per year, not to exceed a cost of $175. 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. 2. E. The employee must present an appropriate receipt; Reimbursement is for lenses only and not for eye examination, treatment or visits to an optometrist or optician; The City will provide reimbursement only for glasses and/or goggles if the prescription has changed or if glasses andor goggles have been damaged; and Glasses andor goggles for which the City has provided reimbursement shall only be used while performing work for the City. 3. 4. Article 20 Tool Reimbursement This article applies only to eligible employees in the following job classifications who furnish their own tools as a condition of employment: Equipment Mechanics and Equipment Service Workers. Employees in the job classifications mentioned are required to provide their own tools on the job as a condition of employment. The employees are further eligible to receive a cash tool reimbursement provided that the conditions for receiving the reimbursement are met. Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of the City facility or some other catastrophe or accident not due to the employee’s negligence or fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of 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 request that a specialized tool(s) not be kept in the employee’s inventory. The City will reimburse the employees in the above classifications up to four hundred dollars ($400) in a fiscal year for the cost of tools, subject to the following conditions: 1) 2) The employee must present an appropriate original receipt; Such reimbursement will be paid only once during the fiscal year, by September 30, and cannot be accumulated from year to year. In addition, the employee will be reimbursed via the necessary payable documents for tool expenses up to four hundred dollars ($400) per year. Those expenses not documented by an 13 0 e original receipt, up to the four hundred dollar ($400) maximum, will be incorporated into the employee’s regular payroll check and treated as taxable income. It is the responsibility of the Equipment Maintenance Superintendent to direct the administration of the tool reimbursement and: A. Provide a list of “essential tools” which define the full inventory of tools required for employees to be eligible for tool reimbursement. Recommend revisions to the “essential tools’’ and to meet the requirements of current skilled trades technology. Informally agree with members of the shop when considering adding tools to the “essential tool list.” B. C. Employees receiving a tool reimbursement shall allow inspection of personal tool box by supervisor to verify outfitting of tools. The eligible employee during each work shift must have all the tools listed as “essential tools.” Failure to keep said tools on site will result in the tool reimbursement being withheld from the individual until such time as the employee comes into possession of all “essential tools.” The appropriate supervisor during the month of August will: A. B. Review the personal tool inventory as meeting the requirements of “essential tools.” Provide a recommendation to the Superintendent of an alternate tool as a substitute for the tool listed on the “essential tools” list on an item-by-item basis. In September of each year, the Superintendent shall prepare the necessary payable documents to provide for payment of the tool reimbursement to eligible employees. Article 21 Lowevitv Pay 1. Salary Step L 1 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 L 1. In any case where an employee is promoted and moves fiom 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. Salary Step L2 shall apply to any range in the Salary Plan to provide for a two and one- half percent (2- 1/2) increase of basic salary for those miscellaneous employees who, on 2. 14 0 0 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. 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 (1 0) 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. 3. Article 22 Vacation A. Basis of Accrual 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 following shall be the annual vacation leave schedule. b Beginning with the first (1st) working day through the completion of five (5) full Beginning the sixth (6th) year of employment through the completion of ten (10) Beginning the eleventh (1 1 th) year of employment through the completion of calendar years of continuous service - 80 hourdyear (3.08 hours biweekly). b full calendar years of continuous service - 120 hourdyear (4.62 hours biweekly). b eleven (1 1) full calendar years of continuous service - 128 hourslyear (4.92 hours biweekly). b Beginning the twelfth (12th) year of employment through the completion of twelve (12) full calendar years of continuous service - 136 hours/year (5.23 hours biweekly). 4 Beginning the thirteenth (1 3th) year of employment through the completion of thirteen (1 3) full calendar years of continuous service - 144 hours/year (5.54 hour: biweekly). b Beginning the fourteenth (1 4th) year of employment through the completion of fifteen (1 5) full calendar years of continuous service - 152 hourdyear (5.84 hours biweekly). 15 * 0 0 Beginning the sixteenth (1 6th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 160 hours for every full calendar year of continuous employment thereafter (6.15 hours biweekly). B. Vacation Accrual All employees shall be entitled to accrue vacation up to a maximum of 240 hours. 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 hisher department listing these reasons. The Department Head and City Manager shall review and may grant 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 hisiher accumulated vacation because of scheduling problems within the individual department. Effects of Holiday on Vacation Leave In the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday, Effect of Leave of Absence on Accrual of Vacation Leave 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 a leave of absence without pay. Accrual will be reinstituted beginning the first day of the first full pay period after the employee has returned to work. ComDensation for City Work During Vacation Prohibited No person shall be permitted to work for compensation for the City in any capacity, except compensation for mandated court appearances, during the time of hisher 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. Department Heads shall encourage the talung of accrued vacation leave. If for some C. D. E. F. Scheduling Vacations An employee may take hisher annual vacation leave at any time during the year, contingent upon determination by hisher 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. 16 e e G. Terminal Vacation Pay 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 Holidavs A. Authorized Holidays 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; and 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. If/when local government employers are required to commemorate MLK on a designatec date, this floating holiday will convert to a scheduled holiday. 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 Labor Day Columbus Day Martin Luther King’s Birthday (Floating Holiday) One (1) Floating Holiday B. Procedure if Holiday Falls on Saturday or Sunday For those employees whose normal work week is Monday through Friday, when a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. The City shall annually develop and publish a holiday schedule which will identifl 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. I 17 e 0 C. Emuloyees Required to Work on Holidays 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 (8), nine (9)’ or ten (10) hours of holiday pay as applicable. All employees who are entitled to be absent on any holiday, and who in fact are absent, shall receive full compensation therefore at the straight time rate. Those employees whose work schedules and assignment of duties require himhe1 to work on an authorized holiday shall receive eight (8), nine (9), or ten (1 0) hours of holiday pay as applicable for such work week at the same rate of pay at which he/she is employed, in addition to hisher normal pay for the time worked. If a holiday occurs on a day which is the employee’s regular day off he/she shall be entitled to holiday pay in the amount of eight (8), nine (9), or ten (10) hours as applicable at straight time. 2. 3. D. Emuloyees on Industrial Leave Employees on Worker’s Compensation Leave pursuant to Article 17 shall not be entitled to additional pay and/or additional time off for holidays which occur during the time an employee is on industrial leave. Effect of Sick Leave on Holiday Pay An employee whose work schedule and assignment of duties require himher 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. E. 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 fiom 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 hisher credit upon termination, whether voluntary or involuntary. Sick leave shall not be considered a right which an employee may use at hisher discretion. Sick leave shall be allowed as follows: 1. In the case of actual illness or disability that is not job related. 18 e 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. A pre-scheduled doctor, dental, or optometry appointment has been approved by the employee’s direct supervisor. Because illness of a member of the immediate family requires constant care and no other care is available andor financially feasible except that of the employee. Immediate family is defined in Article 25, Bereavement. Effective on the date of adoption of this contract, the use of sick leave for illness of a family member is applicable to all former CMWD employees. All leave provisions will be administered consistent with state and federal laws. 3. 4. B. Proof of Illness 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 hisher 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) consecutive 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 sick leave privileges may result in disciplinary action andor loss of pay when in the opinion of the Department Head the employee has abused such privileges. Effect of Leave of Absence An employee’s accumulation of sick 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 employee has returned to work. C. D. Blood Donations Employees making a donation of blood without charge will be given reasonable time off for that purpose. No charge will be made against annual or sick leave when such absence is approved in advance by the supervisor. E. Effect of Holidays Holidays occurring during sick leave shall not be counted as sick leave. 19 0 @ F. Sick Leave Conversion Any permanent employee who has accrued and maintains a minimum of one hundred (100) 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 days per one (1) day of vacation. The sick leave conversion option will be provided during tht first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if they are already above the allowed vacation accrual maximum of 240 hours, or if such conversion would put them over the vacation accrual maximum. Any permanent employee applying for retirement with the Public Employees’ Retiremenl 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 extended service. Article 25 Bereavement Leave A. An employee may use up to three work shifts of paid leave if required to be absent from 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 treatec as leave without pay. The “immediate family” shall be defined as: Spouse, child, parent, sibling, grandparents; the aforementioned either natural, step or in-law, or any person ove which the employee acts as legal guardian, or a verifiable current member of the immediate household. B. The employee may be required to submit proof of relative’s death before final approval o leave with pay is granted. Article 26 Leave of Absence 1. Leave of Absence Without Pay A. General Policv Any employee may be granted a leave of absence without pay pursuant to the recommendation of hisher 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 hisher position in the City service. 20 - W e 3. For personal reasons acceptable to the City Manager and Department Head. B. Authorization Procedure 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 dat, 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 his/her 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. Length of Leave and Extension A leave of absence without pay may be made for a period not to exceed six months, unless otherwise approved by the City Manager. The procedure for granting extensions shall be the same as that in granting the original leave provided that the request for extension is made no later than fourteen (14) calendar days prior to the expiration of the original leave. C. D. Return From Leave 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 hisher 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 Manager of the employee’s intention. The employee shall return at a rate of pay not less than the rate at the time the leave of absence began. E. Effect of Leave Without Pav An employee shall utilize all hisiher compensatory time off, vacation, and/or sick leave (if applicable) prior to taking an authorized leave of absence without 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 leave 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. 21 0 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 employee has returned to work. Leave Without Pay - Insurance Payments and Privileges An employee on leave without pay may continue hisker City insurance benefits by reimbursing the City for the costs of insurance on a monthly basis during the 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 on 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. F. 2. Pregnancy Disability Leave 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 prior to taking leave without pay. Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee who plans to take a leave pursuant to this article shall give the City reasonable notice of the date the leave shall commence and the estimated duration of the leave. Article 27 Military Leave Military leave shall be authorized in accordance with the provisions of State and Federal law. The employee must furnish satisfactory proof to hisker Department Head, as far in advance as possible, that he/she must report to military duty. Article 28 Jurv Duty When called to jury duty, an employee, having provided at least five working days written notice, shall be entitled to hisker 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 hisher sole discretion, contact the court and request an exemption and/or postponement of jury service on behalf of an employee. 22 W e Employees released early fiom 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 fiom 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 (1 5) 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 occws. Article 30 Late Starts An employee who is tardy to work shall be formally counseled by hisher supervisor. If tardiness continues, the employee may be docked pay at the discretion of the supervisor. Such docking shall be done in fifteen (1 5) 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 Flexible Classifications An employee hired into one of the listed entry level positions shall be reclassified to the journey level position following twelve (1 2) months of successfkl 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. Entry Level Position Account Clerk I Technician I Building Technician I1 Engineering Technician I Library Assistant I Maintenance Worker I Maintenance Worker I Maintenance Worker I Meter Services Worker I Planning Technician I Police Records Specialist I Tree Trimmer I Journey Level Position Account Clerk I1 Engineering Technician I1 Library Assistant I1 Park Maintenance Worker I1 Street Maintenance Worker I1 Utility Maintenance Worker I1 Meter Services Worker I1 Planning Technician I1 Police Records Specialist I1 Tree Trimmer I1 An employee hired into one of the listed entry level positions shall be reclassified to the journey 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. 23 0 0 Entrv Level Position Building Inspector I Code Enforcement Officer I Construction Inspector I Equipment Mechanic I Librarian I Librarian I1 Journev Level Position Building Inspector I1 Code Enforcement Officer I1 Construction Inspector I1 Equipment Mechanic I1 Article 32 Flexible Start Hours CCEA employees, with Department Head approval, may alter their starting time per shift between the hours of 6:OO a.m. and 9:OO 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 (1 4) days notice, unless extenuating circumstances preclude such a notice, prior to revocation of flexible start hours. This article is not subject to the grievance procedure. Article 33 Flexible Work Schedules Employees hired on or after December 23 , 199 1 , by departments/divisions currently operating on an alternative work schedule shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of dayshours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. This article shall not be subject to the grievance procedure. 9/80 Alternative Work Schedule: The parties acknowledge that they met and conferred in good faith over the terms and conditions for implementation of a 9/80 work schedule. The result of that meeting and conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by which the parties will control implementation of the 9/80 schedule. 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. 24 a 0 Article 35 Health Insurance The City agrees to contribute the following dollar amounts towards employee health insurance from January 1,1996 through December 3 1, 1996. MONTHLY City Contribution Category Nwestern Kaiser Employee Only $237.10 $141.28 Employee + 1 Dep. $523.50 $282.58 Employee w/2 Dep. $679.24 $399.84 The employee contribution for 1996 will remain the same rate as in calendar year 1995. Thereafter, health insurance contributions will be made by the City and by the employees as a percentage of the carrier's total insurance premium. Effective January 1, 1997, the following percentages will be in effect: Employee City Percentage Percentage Category Contribution Contribution Employee Only 5 yo 95% Employee + 1 Dependent 7.5% 92.5% Employee w/2+ Dependents 10% 90% Effective January 1, 1998, the following percentages will be in effect: Employee City Percentage Percentage Category Contribution Contribution Employee Only 7.5% 92.5% Employee + 1 Dependent 10% 90% Employee w/2+ Dependents 12.5% 87.5% The parties agree that the City will provide CCEA with an opportunity to meet and confer regarding any potential changes to the health insurance benefits which impact employees. Article 36 State Disability Insurance A. Employees represented by CCEA will be enrolled in the State Disability Insurance Program. (The City agrees to pay the premium.) 25 0 e B. Employees represented by CCEA shall be entitled to combine accumulated sick leave with 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. Article 37 Long Term Disabilitv 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 payment eligibility. In all other respects, said insurance shall continue unchanged. Article 38 Retirement A. For CCEA represented employees the City shall continue to pay 100% of the employee’s seven percent (7%) contributions to PERS. Further, the City will continue to pay for single highest year provision and survivors benefit plan. Effective within a reasonable period after final approval of this agreement, the City will take steps to mend its contrac with PERS to provide the third level of 1959 Survivors’ Benefits. The City shall continue to contract with PERS for the military service credit option. The cost of this option is borne entirely by the employee. Payments by the employee to PER: 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. The City agrees to amend the City’s contract with the Public Employees’ Retirement System (PERS) to include the 2% at 55 retirement benefit option for all Miscellaneous PERS members. This amendment will take effect in January 1997. B. C. Article 39 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. Article 40 Health Insurance for Retirees Employees who retire from the City, either service or disability, shall be eligible to continue to 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 City service and be a minimum of fifty (50) years of age. 26 w 0 The retiree must make arrangements with the City to prepay hisher 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 Definition A “grievance” is a formal, written allegation by a grievant that he/she has been adversely affectec 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, The City’s exercise of management rights is not reviewable under this procedure unless such exercise also violates other provision(s) of the MOU and/or the Personnel Rules and Regulations A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure andor rules of the City, such as: (1) (2) Procedure 1. Appeals from formal disciplinary proceeding. Appeals from work performance evaluations. Informal Resolution: Every effort shall be made to resolve a grievance through discussion between the employee and hisher immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without subsequent discrimination andor 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 hisher response to the employee within five (5) calendar days of the informal conference. Formal Resolution: 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 hisher 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 fiom the date of receiving the answer from the division manager, request, in writing, and be granted an interview with the Department Head. 2. 27 e 0 The Department Head shall render hisher decision in writing within twenty (20) calenda 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 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 hisher decision in writing within twenty (20) calendar days of receiving the appeal. If the Assistant City Manager and the employee are 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 the 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 days, nor more than 60 calendar days, from the date of the filing of the appeal with the 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 notified in writing of the date, time, and place of hearing. All hearings shall be private provided, however, that the Personnel Board shall, at the request of the employee, open the hearing to the public. 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. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if the Personnel Board so determines, regardless of common law or statutory rules which might 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 undulj 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 admission or exclusion of evidence. B. C. D. 28 W e E. Each party shall have these rights: To be represented by legal counsel or other person of hisher 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 himher to testifl; and to rebut the 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. The hearing shall proceed in the following order, unless the Personnel Board, for special reason, otherwise directs: 1. 2. 3. evidence against himher, If the employee does not testify in hisher own behalf, F. The Grievant shall be permitted to make an opening statement; The City shall then be permitted to make an opening statement; The Grievant shall produce the evidence on hisher part; the Grievant bears the burden of proof and burden of producing evidence; 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; 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; Closing argument shall be permitted and written briefs may be permitted at the discretion of the Personnel Board. 4. 5. 6. G. The Personnel Board 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, maj 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 afiei 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 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. 29 w 0 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. 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, and/or 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 hisher option. The City Manager shall not conduct a de novo hearing. The City Manager may, at hisher 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. 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. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this section. Neither the fact of these negotiations nor the changes negotiated in this agreemer shall be used by either party or by any individual to the prejudice of the other party in any grievance or complaint outstanding as of the time of this agreement. General Guidelines for Grievance Procedure: If the time limits for employees’ appeals s any step should elapse, the grievance shall be considered withdrawn. Time limits may b extended by mutual consent. If the City fails to respond within the prescribed time limit the grievance will be deemed to have been denied and the employee may go to the 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 hisher administrative remedy. The employee may request the assistance of another person of hisher own choosing in preparing and presenting hisher 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/sh shall make such request through the supervisor and the supervisor shall make the necessary arrangements for the employee representative to be present. I. J. K. L. 3. 30 w e The employee andlor hisher representative may use a reasonable amount of work time as determined by the appropriate supervisor or Department Head in presenting the appeal. However, no employee shall absent himselfherself without first being excused by hisher supervisor. No employee shall be required to be represented by an employee organization in processing a grievance. 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. Within twenty (20) working days after authorized representatives of the employee organization knew of or by reasonable diligence should have known of a condition givin rise to a grievance, employees may file a group grievance with the Human Resources Department. The group of employees must file one (1) grievance form which all members of the group have read and signed. Members of the group will be limited to those who have read and signed the initial grievance form. Upon receipt of the grievance form, the Human Resources Department will determine whether the grievance should be classified as a group grievance, taking into account whether one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The department may also determine, in its discretion, that individual grievances should be consolidated into a group grievance. After approval of the grievance as a group grievance by the Human Resources Department as specified above, group grievances shall proceed through all normal grievance processes and be subject to all applicable time limitations and other provision! as set forth above. However, the City may determine that a group grievance shall be commenced directly at the City Manager level. The resolution of a group grievance ma] 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 b the organization itself. 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 Manage] 31 w 0 Article 42 Disciplinary 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 Iimited to the following: A. Fraud in securing employment. B. Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, or dishonesty. Being under the influence of alcohol or intoxicating drugs, without a prescription, while on duty. C. D. Absence without leave. E. F. G. H. Abuse of sick leave. I. Unauthorized outside employment. J. K. L. Criminal conviction having some relevance to the job. Intentionally being discourteous to the public. Unauthorized use of or neglect of City property. Acceptance of a gift or gratuity that constitutes a willful conflict of interest. Falsification of any City report or record. Willful violation of any of the provisions of the City Code, ordinances, resolutions or an rules, regulations or policies which may be prescribed by the City Council, City Manage department manager, or supervisor. Political activities precluded by State or Federal law. Other acts which are incompatible with service to the public. M. N. Types of Discipline The following procedures shall be followed when, in the judgement of the Department Head, a~ employee has committed an act or omission that justified the disciplinary action indicated. Except for written warningsheprimands, the Department Head or hisher designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an 32 0 C opportunity to respond to such charges prior to taking action. When life, or employee safety, is 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 receive 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 through alternative actions that increase in severity, if the problem persists. The choice of alternative disciplinary actions will vary in accordance with the severity of the performance problem, and will not necessarily follow the sequence as outlined herein. 1. Oral WarningReDrimand: When a performance or behavioral problem is first identified, the problem should be discussed with the employee, along with the steps that need to be taken in effort to resolve the problem. If counseling fails to produce the desired changes, oral warningsh-eprimands will be give] 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 wil be taken. Written WarnindReprimand: If the warningheprimand is in writing, the Department Head shall give the employee a copy and forward a copy to the Human Resources Director for review and retention in the employee’s personal history file. A written warningheprimand shall contain a description of the events which necessitated the actio1 specific expectations of change by the employee, and notice of further action in the even a change by the employee does not occur. An employee shall have the right to attach a written rebuttal. Sumension: A Department Head may suspend an employee with or without pay from hisher 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 authorit 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 b: 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. Demotion or Reduction in Pay: A Department Head shall advise the Human Resources Director in writing of hisher intention to demote or reduce the salary of an employee prior to taking such action. In demoting an employee or reducing hisher salary, the Department Head shall make a written notice and shall give a copy of said notice for 2. 3. 4. 33 0 @ 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. Dismissal: A Department Head shall advise the Human Resources Director in writing of hisher intention to dismiss an employee prior to taking such action. In dismissing an employee, the Department Head shall m&e 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, notification that the employee may review and be provided with the material leading to the dismissal, and the right of the employee to meet with the appointing authority and/or respond in writing within a reasonable time frame to the charges. These procedures are pre-disciplinary in nature. 5. 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 sent by registered mail. Employee’s Response 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 hisher own choosing 2 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 doubt: 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-disciplinary response. The appointing authority, or hisher designee, will evaluate the proposed discipline in light of tl employee’s response, if any. Within five (5) working days of the employee’s response, or deadline for response, a decision will be transmitted in writing to the employee. Service of the decision will be in person or by registered mail. Appeal Procedures Any permanent employee in the classified service shall have the right to appeal any terminatior suspension of more than one (1) work shift, reduction in salary, or non-probationary demotion. 34 w 0 The appeal process shall not be applicable to those positions which may 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 (1 0) calendar 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 1 0-da! period. If, within the 1 0-day appeal period, the employee involved does not file said appeal, unless good 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 employee 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 mor than 60 calendar days, from the date of the filing of the appeal with the Human Resource 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. All hearings shall be private provided, however, that the Personnel Board shall, at the request of the employee, open the hearing to the public. 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. The hearing need not be conducted in accordance with technical rules relating to evident 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 sha not be sufficient in itself to support a finding unless it would be admissible over objectic 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 repetitioL evidence shall be excluded. The Personnel Board shall not be bound by technical rules 1 evidence. The Personnel Board shall rule on the admission or exclusion of evidence. Each party shall have these rights: To be represented by legal counsel or other person o hisher choice; to call and examine witnesses; to introduce evidence; to cross-examine B. C. D. E. 35 w 0 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 hider to testify; and to rebut the evidence against hider. If the employee does not testify in hisher 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. The hearing shall proceed in the following order, unless the Personnel Board, for special reason, otherwise directs: 1. 2. 3. F. The party imposing discipline shall be permitted to make an opening statement; The appealing party shall then be permitted to make an opening statement; The party imposing disciplinary action shall produce the evidence on hisher part; the City bears the burden of proof and burden of producing evidence; The party appealing from such disciplinary action may then open hisher defense and offer hisher evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted: 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; Closing argument shall be permitted and written briefs may be permitted at the discretion of the Personnel Board. 4. 5. 6. G. The Personnel Board shall determine relevancy, weight, and credibility of testimony and evidence. 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 i 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 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 sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The opinion shall be advisory only. The Personnel Board may recommend sustaining or rejecting any or all of the charges filed against the employee. The Personnel Board may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. The Personnel Boar may not recommend discipline more stringent than issued by the appointing authority. H. 36 w e The Personnel Board’s opinion and recommendation shall be filed with the City Manager, 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 dismissal is not the Personnel Board’s recommendation, the opinion shall set forth the date the employee is recommended to be reinstated andor other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinq action. Within 30 days of the receipt of the Personnel Board’s findings and recommendation, an( 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 hisher option. The City Manager shall not conduct a de novo hearing. The City Manager may, at hiskc option, allow limited oral arguments andor may request and review written statements from either side. The decision of the City Manager shall be final and conclusive. Copie of the City Manager’s decision, including the Personnel Board’s recommendation(s) sha be filed where appropriate, including the employee’s personnel file, unless no discipline is upheld by the City Manager. 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 eithe 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. 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 fror the first day after such delivery of said decision or shall relate back to and be effective a 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 hisher then base hourly rate. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this section. 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 Manage I. J. K. L. M. 37 w 0 Article 43 Alcohol and Drw Policy I. POLICY 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. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: 1. “Drug” means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. “Workplace” means any site where City-assigned work is performed, including City premises, City vehicles or other premises or vehicles, whilc City-assigned work is being conducted, or within a reasonable time thereafter. “Reasonable suspicion” means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or coul pose a threat to public or employee safety. 2. 3. B . Employee Responsibilities 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensatior possession or use of alcohol or drugs nor be under the influence o alcohol or drugs in the workplace or while on-call; submit to an alcohol and drug analysis and remain on the premise when requested to do so by City management, acting pursuant to this policy, or by law enforcement personnel; notify the City of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was b. c. 38 w 0 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 abide by all terms of this policy. d. 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. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment arc relevant to City employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee’s employment with the City, consistent with the legal requirements for disciplinary due process. 2. 3. C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the City reserves the right to search, with or without prior notice to the employee all work areas and property in which the City maintains full or joint control with the employee, including but not limited to City vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context eve 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 andor search under this policy. Employer searches shall occur when there is a determination of “reasonable suspicion” as defined herein. Such searches shall be conducted by persons havin 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. Consequences of Violation of Policy 1. D. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 39 0 v 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. 11. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis 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. Persons whose results are positive for either drugs or alcohol will be rejected for City employment. Employee Drug and Alcohol Analysis 1. 2. B. 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 workplac or subject to duty, the employee shall be: a. b. Prevented from engaging in other work; and 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. 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. c. 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; an accident involving City property having no obvious causal explanation other than possible employee responsibility; d. 40 w 0 e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation; attributable possession of alcohol or drugs; 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 drugs f. g. 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 grounds for discipline, up to and including termination. 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 the functions of his or her job. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. City agrees to take steps to protect the chain of custody of any drug test sample. 4. 5. 6. 111. EMPLOYEE ASSISTANCE PROGRAM A. The City has a well established voluntary Employee Assistance Program (EAP) t assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the City wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. The EAP program is provided by National Resource Consultants (NRC) and can be reached by calling l(800) 999-7222. 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. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of an! City policy. B. C. 41 w 0 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 tc 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; Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearl: outweighs the public interest served by disclosure of the record; Records pertaining to pending litigation to which the City is a party, or to claims or appeals which have not been settled. (2) (3) Article 46 Communications The parties agree to continue meeting at least once each month during the term of the agreemeni for the purpose of continuing communications on subjects of mutual concern. Article 47 Leeal Reoresentation 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 42 e w or omission occurring within the course and scope of hisher employment as an employee of the City. Nothing herein shall be deemed to require the provision of such defense where the discretion to provide or not provide such defense is vested in the City pursuant to the provisions of the California Government Code, or where the act or omission was not within the scope of the employee’s employment, or the employee acted or failed to act because of actual fraud, corruption or actual malice, or where the provision of such defense would create a conflict of interest between the City and the employee. Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said Government Code. Article 48 Lavoff 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 intended 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. I certified as having given satisfactory service, the name of the employee laid off shall be placed on the appropriate reemployment list as provided by these rules. Reduction in Force Procedures: The following procedures will apply to all probationary and permanent employees in the event of a reduction in the City work force. (a) Definitions: The following definitions apply to these procedures: (1) City Service Seniority shall be determined as the period of total continuous service with the City as measured from the date of original appointment. Classification Seniority shall be determined as the period of total continuous service of an employee in the present classification as measured from the date of appointment to that classification. (2) (b) Reduction in Force--Demotion: Whenever there is a reduction in work force the City shall first demote to a vacancy, if any, in a classification, which the employee with the greatest length of continuous City service has previously served and is determined to be currently qualified. An employee may refuse to accept a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. Reduction in Force--Layoff 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. (c) 43 w 0 (d) Notification: Whenever there is a reduction in the work force requiring layoff, the City shall send written notice to the last known address of each employee affected by a layoff. 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 0-1 reinstatement and voluntary withdrawal from the reemployment list. Determining Length of Senioritv: 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. Order of Reduction in Force: 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 employees 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. Determining Order of Layoff and Demotion for Emdoyees With Identical Seniority: Should two or more employees have identical seniority, the order of layoff and demotior will be determined by alphabetical order of the employees’ surnames. 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. Order and Method of Demotion Pursuant to a Reduction in Force--Bumping: When required due to a reduction in force, employees shall be demoted in the following manner: (1) (e) (f) (g) (h) (i) 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. 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 probations employee in such lower class, but may not bump regular City employees alread in that lower classification. (2) 44 , v e (j) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force: Employees who are demoted as a result of a reduction in force shall have their names placed on a reinstatement list, in order of their seniority. Vacant positions in which an employee has served within a classification series shall first be offered to employees on this list. Reemployment of Emplovees Laid Off as a Result of a Reduction in Force: Employees who are laid off and who held permanent City status at the time of layoff shall have their names placed on a reemployment list for classifications at the same or lower salary range for which they 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. Duration of Reinstatement and Reemployment Lists: The eligibility of individuals on the reinstatement and reemployment list shall extend for a period of two years from the date of demotion or layoff. Eligibles not responding to written notification of an opening afte ten working days shall have their names removed from either the reemployment or reinstatement list. Restoration of Benefits Upon Reemployment Following; a Reduction in Force: Upon reemployment following a reduction in force, an individual will have the following benefits restored: (1 j (2) (kj (1) (m) Prior sick leave accruals. Seniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force. 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 time o reemployment. (3) (n) Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layof The sick leave accruals of such employee will remain on the books and will be reinstate if they are reappointed. Retirement 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. (oj 45 w 0 Article 49 Carlsbad MuniciDal Water District I. 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 hisher 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. 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 personne and employer-employee relations. Effective February 17, 1992, each CMWD employee shall be subject to the work rules and operations rules of the City. Notwithstanding paragraph 2 above, each CMWD employee shall retain the benefits granted to CMWD employees as outlined in Attachment B (attached). 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. 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. Employees who terminate service with the City (by reason other than lay off) shall not E eligible for the benefits set forth in paragraph 4 above upon reinstatement to the City. Employees covered by this provision are listed in Attachment C. No current City employees will be laid off as a result of assimilation of CMWD employees. Former CMWD employees will be in the bargaining unit represented by CCEA. 2. 3. 4. 5. 6. 7. 8. 9. 10. Article 50 Full Understanding, Modification, & Waiver It is intended that this agreement sets forth the fill and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 46 w 0 Except as specifically provided herein, it is agreed and understood that CCEA and the City hereto voluntarily and unqualifiedly waive their rights, and agree that the City and CCEA shall not be required to negotiate with respect to any subject or matter except as specified above 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 the City Council. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Article 51 Provisions of Law It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal 01 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 nc be affected thereby. Article 52 Retention 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 Non-discrimination Clause No person shall in any way be favored or discriminated against, by either the City or the Association, to the extent prohibited by law because of political opinion or affiliation, race, colc religion, sex, marital status, age, national origin, veteran status, medical condition or physical 01 mental disability. This affects decisions including, but not limited to, an employee’s compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer and other privileges of employment. The City is committed to providing ongoing training to all employees on the subjects of equal employment, non-discrimination and cultural awareness. Article 54 Employer-Employee Orvanbation Relations Resolution The Employer-Employee Organization Relations Resolution, attached and incorporated as Attachment D, shall be adopted at a future date by the City. 47 w e Article 55 Americans With Disabilities 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 Family 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. 48 , e e 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. 9 *bo-Qb Date Approved as to form: 9- 23-76, Date Carlsbad City Employees’ Association Q$+pb 49 w e Attachment A Resolution No. SALARY SCHEDULE - GENERAL EMPLOYEES CLASSIFICATION RANGE CLASSIFICATION RANG1 ACCOUNT CLERK I 7 METER SERVICES WORKER I1 2 ACCOUNT CLERK I1 15 METER SERVICES WORKER I11 3 ACCOUNTANT 58 MINUTES CLERK 3: ACCOUNTING SUPERVISOR 44 NETWORK SPECIALIST I 5' ACCOUNTING TECHNICIAN 30 NETWORK SPECIALIST I1 71 ADMINISTRATIVE SECRETARY 35 OFFICE SPECIALIST I AQUATICS SPECIALIST 30 OFFICE SPECIALIST I1 ASSISTANT ENGINEER 74 OPERATIONS/MAINTENANCE STOREKEEPER 4 ASSISTANT PLANNER 64 PARK MAINTENANCE SPECIALIST 3 ASSISTANT TO THE TREASURER 58 PARK MAINTENANCE WORKER I1 2 ASSOCIATE ENGINEER 91 PARK MAINTENANCE WORKER I11 3 BUILDING INSPECTOR I 55 PLANNING TECHNICIAN I 3 BUILDING INSPECTOR I1 70 PLANNING TECHNICIAN I1 5 BUILDING MAINTENANCE WORKER I 27 POLICE RECORDS SPECIALIST I 1 BUILDING MAINTENANCE WORKER I1 39 POLICE RECORDS SPECIALIST I1 2 BUILDING TECHNICIAN I1 50 PROGRAMMER/ANALYST 7 CIRCULATION SUPERVISOR 35 PUBLIC SAFETY SYSTEMS SPECIALIST 7 CODE ENFORCEMENT OFFICER I 43 RECREATION ASSISTANT 1 CODE ENFORCEMENT OFFICER I1 55 RECREATION SPECIALIST 3 COMPENSATION TECHNICIAN 53 RECREATION SUPERVISOR I1 5 CONSTRUCTION INSPECTOR I 55 SANITATION SYSTEMS OPERATOR I 2 CONSTRUCTION INSPECTOR I1 70 SANITATION SYSTEMS OPERATOR I1 3 31 SANITATION SYSTEMS OPERATOR I11 4 CROSS CONNECTION CONTROL TECHNICIAN 38 SECRETARY 2 CUSTODIAN 1 SENIOR BUILDING INSPECTOR E CUSTODIAN I1 12 SENIOR BUILDING MAINTENANCE WORKER 4 ELECTRICIAN 38 SENIOR CIRCULATION SUPERVISOR 4 ENGINEERING TECHNICIAN I 35 SENIOR CONSTRUCTION INSPECTOR E EQUIPMENT MECHANIC I 34 SENIOR LIBRARIAN c ASSOCIATE PLANNER 78 PARK DEVELOPMENT COORDINATOR 8 BUYER 42 PROGWMER/OPERATOR 6 RECREATION SUPERVISOR I 4 COMMUNITY LIBRARY SERVICES SUPERVISOR 50 CRIME PREVENTION TECHNICIAN ENGINEERING TECHNICIAN 11 50 SENIOR ELECTRICIAN EQUIPMENT MECHANIC I1 40 SENIOR OFFICE SPECIALIST EQUIPMENT MECHANIC LEADWORKER 52 SENIOR PLANNER EVIDENCE AND PROPERTY TECHNICIAN GRAPHIC ARTIST GRAPHICS TECHNICIAN 24 STREET MAINTENANCE WORKER I1 HOUSING ASSISTANT 20 STREET MAINTENANCE WORKER I11 HOUSING SPECIALIST I 46 SYSTEMS ANALYST HOUSING SPECIALIST I1 JUVENILE JUSTICE PROGRAM COORDINATOR 54 TREE TRIMMER I LIBRARIAN I 38 TREE TRIMMER I1 LIBRARIAN I1 53 TREE TRIMMER LEADWORKER LIBRARY ASSISTANT I 24 UTILITY MAINTENANCE WORKER I1 LIBRARY ASSISTANT I1 35 UTILITY MAINTENANCE WORKER I11 LIBRARY CLERK I 1 UTILITY WORKER I LIBRARY CLERK I1 4 UTILITY WORKER I1 MAINTENANCE WORKER I 12 UTILITY WORKER I11 MESSENGER 1 VALVE MAINTENANCE WORKER METER SERVICES WORKER I 18 WATER CONSERVATION SPECIALIST L < 11 SITE WAGER 24 STOREKEEPER 61 TECHNICIAN I 0 v Salary Schedule - General Employees Page 2 CLASSIFICATION RANGE WATER SYSTEMS OPERATOR I 32 WATER SYSTEMS OPERATOR I1 46 WATER SYSTEMS OPERATOR I11 53 5- 14 - 96 w * THECITYOFCARLSBAD GENERAL EMPLOYEE BIWEEKLY SALARY SCHEDULE Effective June 4, 19% STEP A STEP B STEP c STEP D SmPE RANGE RANGE 1 $742.12 $779.23 58 18.19 $859.10 $902.05 1 2 5749.54 $787.01 5826.37 5867 69 5911.07 2 3 $757.04 $794.89 $834.63 f876.36 5920.18 3 5 5772 25 5810.87 5851.41 5893.98 $938.68 5 7 9787.78 5827.16 $868.52 $911.95 $957.55 7 8 5795.65 $835.44 $877.2 1 $92 1.07 $%7.12 8 9 $803.61 $843.79 $885.98 $930.28 5976.79 9 LO 581 1.65 $852.23 $894.84 $939.58 $986.56 10 11 9819.76 5860.75 $903.79 $948.98 5996.42 11 12 $827.96 $869.36 $912.83 9958.46 $1,006.39 12 5929.38 4 1 $764.61 $802.84 $842.98 $885.13 6 9779.98 $818.97 $859.92 $902.92 $948.07 6 13 $836.24 $878.05 $921.95 $968.05 $1 ,O 16.45 13 14 5844.60 $886.83 S931.17 5977.73 $1,026.62 14 15 $853.05 $895.70 5940.49 5987.51 $1,036.88 15 16 $86 1.58 $904.65 $949.89 5997.39 $1,047.26 16 17 f870.19 $913.71 $959.39 S 1,007.36 $1,057.72 17 18 5878.89 5922.84 5968.98 $ 1 ,O 17.43 $1.068.3 1 18 19 $887.69 5932.07 $978.67 $1.027.61 $1,078.98 19 20 $896.56 $941.39 5988.46 $1,037.88 $1,089.77 20 21 5905.53 5950.80 5998.34 $I ,048.26 S l.loO.68 21 22 $914.58 $960.31 $1,008.32 $1.058.74 $1,111.68 22 23 4923.73 5969.91 31,018.41 $1,069.33 $1,122.80 23 24 $932.96 $979.6 1 $1,028.59 $1,080.02 $1,134.03 24 25 5942.29 $989.41 $1,038.88 31.090.83 $1.145.36 25 26 595 1.72 5999.31 5 1,049.27 $1.10 1.73 $1,156.82 26 27 $961.24 S1,009.30 51,059.76 $1,112.75 $1,168.39 27 28 $970.85 . $1 ,O 19.39 $1.070.36 $1,123.88 $1,180.07 28 29 5980.56 $1,029.59 51,081.06 $1,135.12 $1,191.87 29 30 $990.36 $1.039.88 S1.091.87 51,146.46 $1,203.79 30 31 5 1 ,OOO. 27 $ 1,050.28 S 1,102.79 $1,157 -93 $1,2 15.83 31 32 31,010.27 $1,060.78 $1,113.82 $1,169.51 $1,227.98 32 33 5 1,020.37 $1,071.39 3 1,124.96 S 1,18 1.2 1 $1,240.26 33 d 34 $1,030.57 61,082.10 51,136.21 51,193.02 $1,252.67 34 35 $1,040.88 $1,092.93 $1,147.57 S1,204.95 61.265.19 35 36 51,051.29 $1,103.86 $1,159.04 51,217.00 $1.277.85 36 37 $1,061.80 $1.114.89 S1,170.64 $1,229.17 51,290.62 37 38 $1,072.42 S 1,126.04 S 1,182.34 $1,24 I .46 61.303 $53 38 39 51,083.14 $1,137.30 $1,194.17 $1,253.87 $1,316.57 39 40 ~1.093.97 ~1.i48.67 51,206.11 51,2~.41 ~1,329.73 40 41 $1,104.91 $1,160.16 31,218.17 $1,279.08 S1.343.03 41 42 31,115.96 $1,171.76 $1,230.35 $1,291.87 $1,356.46 42 43 $1,127.12 $1,183.48 $1,242.65 $1.304.79 $1,370.03 43 34 $1,138.40 $1,195.32 $1,255.08 S1.317.83 $1,383.72 44 45 31,149.78 31.207.27 S1.267.63 91.331.01 S1.397.56 45 a THE CITY OF CARLSBm Effective June 4, 1996 0 v GENERAL EMPLOYEE BIWEEKLY SALARY SCHEDULE RANGE STEP A STEP B STEP c STEP D STEP E RANGE 46 $1,161.27 $1,219.34 51,280.31 51,344.32 S1.411.54 46 48 51,184.62 41,243.85 $1,306.04 51,371.35 $1,439.91 48 50 51.208.43 $1.268.85 51.332.29 51,398.91 91,468.85 50 51 S 1,220.5 1 S 1,28 1.54 SI ,345.62 S 1.4 12.90 S 1,483.54 51 52 S1.232.72 S1.294.35 $1,359.07 51,427.03 $1,498.38 52 53 $1,245.05 $1,307.30 $1,372.66 51,441.29 51,513.36 53 54 5 1,257.49 S 1,320.37 S 1,386.39 5 1,455.7 1 S 1,528.50 54 55 $1,270.07 $1,333.58 S1.400.25 91,457.81 51,543.78 55 56 51,292.00 51,346.91 $1.414.25 51,484.97 $1,559.22 56 57 S1.295.60 $1,360.38 51.428.40 51,499.82 51,574.81 57 58 51,308.55 S1,373.98 51,442.68 51,514.82 51,590.56 58 59 51,321.64 $1,387.72 51,457.11 51,529.97 $1,606.47 59 60 S1.334.86 S1.401.60 S1.471.68 51.545.26 51,622.53 60 61 $1,348.21 $1,415.62 $1.486.40 91,560.72 S1,638.75 61 62 5 1.36 1.69 $1,429.77 5 1.50 1.26 5 1,576.33 SI ,655.14 62 63 51,375.31 61.444.07 $1,516.27 $1,592.08 $1,671.69 63 64 $1,389.06 $1,458.51 S1.531.44 S1.608.01 $1.688.41 64 65 $1,402.95 $1,473.09 $1,546.75 51.624.09 S1,705.30 65 66 $1,416.98 51,487.83 51362.22 $1,640.33 $1,722.35 66 67 $1.431.15 51,502.70 $1.577.84 51,656.73 $1.73937 67 68 51.445.46 $1,517.73 $1,593.62 51,673.30 51,756.96 68 69 91,459.91 S1.532.91 51.609.55 $1,690.03 51,77433 69 70 51.474.51 S1.548.24 51,625.65 S1.706.93 51,792.28 70 71 $1,489.26 S1363.72 $1,641.91 S1.724.00 51,810.20 71 72 51,504.15 ' $1,579.36 51.658.33 $1,741.24 S1,828.31 72 73 $1,519.19 51,595.15 51,674.91 $1.758.66 51,846.59 73 74 $1.534.38 $1,611.11 51,691.66 $1,776.24 $1,865.06 74 75 51.549.73 61.627.22 51,708.57 51.794.01 $1,883.70 75 76 51,565.22 $1,643.49 $1,725.66 $1,811.95 $1,902.54 76 77 51,580.88 $1,659.92 $1.742.92 51,830.07 51,921.57 77 78 S1,5%.69 $1,676.52 $1,760.35 51,848.36 51,940.78 78 79 $1,612.65 $1,693.29 $1,777.95 S1,866.85 $1,960.19 79 80 $1,628.78 $1,710.22 $1,795.73 51.885.51 61,979.79 80 81 $1,645.06 $1.727.32 $1,813.69 51,904.37 51,999.59 81 82 $1,661.52 $1,744.64 $1,831.82 $1,923.41 $2,019.58 82 83 $1,678.13 $1,762.04 51,850.14 51,942.65 $2,039.78 83 85 51,711.86 $1,797.46 51,887.33 51,981.70 52,080.78 85 86 51,728.98 $1,815.43 51,906.20 92,001.51 52,101.59 86 87 51,746.27 $1,833.59 $1,925.26 52.021.53 $2,122.60 87 88 51,763.74 $1,851.92 51,944.52 52,041.74 $2,143.83 88 89 51.781.37 $1,870.44 $1,963.96 52,062.16 52,165.27 89 91 51,817.18 51,908.03 S2,003.44 $2,103.61 52,208.79 91 47 $1,172.89 $1.23 1.53 5 1,293.1 1 5 1,357.77 9 1,425.66 47 49 SI, 196.47 51,256.29 $1,319.10 51,385.06 51.454.31 49 A 84 51,694.91 $1,779.66 $1.868.64 $1,962.07 $2,060.18 84 90 51,799.19 $1.889.15 51,983.60 52.082.78 32.186.92 90 0 0 ATTACHMENT B BENEFITS RETAINED BY CMWD EMPLOYEES A. Health Insurance 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 tc the current plan(s) as set forth above and below, and thereafter may only participate in City sponsored plan(s). B. Health Insurance for Retirees 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 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. 2. 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 qualifie for those benefits. Medical coverage for the spouse and dependents of a Retiree will be coordinated with Medicare and other benefits provided by federal and state law, and will thereby be reduced when the spouse qualifies for those benefits. Upon death of the Retiree, health insurance coverage for the spouse and dependents wil be continued, provided the spouse keeps the City informed of hisher name, address anc marital status. In the event such spouse remarries, his or her eligibility for such coveral 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. e 0 If the Retiree divorces, neither hisher new spouse nor hisher former spouse will be eligible for coverage and it shall cease immediately and be terminated. The former required under federal law. spouse would only be eligible for continued health care coverage at his or her expense as C. Dental Insurance The City shall provide employees and dependents with a dental plan (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 a reasonable amount of coverage at no cost to the employee. 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 maximun of 7.5% of an employee’s bi-weekly earnings. G. Overtime Overtime shall be defined as work performed before or after the regularly scheduled worl day or work week. Work in addition to the regularly scheduled work day shall be paid a1 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. Attachment e 0 I. Vacation 1. Earnings Rates After completion of one year of employment, an employee will be granted vacation time of 80 hours. An employee then begins 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 years 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. 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 hours 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. 2. J. Sick Leave Buyback 1. An employee has the option of selling back to the City 100% of any accumulate( sick leave in excess of 250 hours. The City, at its discretion, may purchase any accumulated sick leave from an employee. 2. K. Sick Leave at Termination 1. Retirement 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 I 250 hours shall be reimbursable at 100%. Attachmenl e 0 2. Death Upon an employee’s death, while still employed, all compensation due an employee will be paid to hiskier 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. Discharge 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. Lay Off 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 an employee’s proficiency, productivity, length of employment, attendance, and reliability. Such employees shall receive two week written notice of layoff. When layoff is anticipated to 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% of all accumulated sick leave in excess of 250 hours to be reimbursable at 100%. 5. Resignation Employment may be terminated at will by an employee. If an employee wishes to resign, the City desires a two (2) week notice in writing. All accumulated vacation pay and sick leave compensation will be paid upon resignation. If employed at least one year, an employee will receive 50% of all accumulated sic leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall be reimbursable at 100%. L. Long-Term Disability Long-term disability benefits shall be provided at 66-2/3% of pay, with a minimum monthly benefit of $50 and maximum benefit of $2,500. M. LonPevitv Pay Each classified regular employee will be eligible for longevity allowance as follows: Attachmenl 0 0 After five (5) years of service in the same classification at E step, an employee will be entitled to an allowance of 5% in addition to any other regular pay, i.e. CIOtLwA,, that an employee is entitled to. An employee will then be placed at the L1 step. After an additional five (5) years, an employee will be entitled to a 2- 1/2% increase in 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. Special - Merit for Education 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 lurnp-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 Union The City will permit a payroll deduction bi-weekly for an employee if he/she wishes to avail himselfierself of the services of the San Diego County Employees’ Credit Union. P. SDecial HousinP Facilities 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: 1. EmDloyee Status The employee assigned as caretaker at Squires Dam shall be a full-time permanent employee. Attachment 0 0 2. Prioritv of Assignments In the event of a vacancy at the caretaker residence, priority of assignment shall be operations crew members first and construction crew next. Withii crew members, longevity with the City shall be the second criterion. 3. Sole Place of Residence The crew member assigned as caretaker shall maintain the residence as hisher sole place of residence. 4. Others Living at Residence Only City employees and a reasonable number of persons who constitute : bona fide single housekeeping unit shall be allowed to reside at the house 5. Responsibilities 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 during nonworking hours by having themselves, a member of their household or another City employee on-sit four weeknights per week and at least three weekends per month. The employee shall be expected to respond to emergency situations to include the chlorination facility, the hydroelectric facility and the mobile chlorination equipment. The employee shall make a visual inspection of the entire site at least weekly and shall repair any minor fence breaks. Th employee shall drive a City vehicle. No more than three private vehicles shall be kept at the residence. No overtime or supplemental compensatio shall be paid for these duties. 6. Rent The City shall charge an appropriate rent for the residence. Said rent shal 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 shal be responsible for the balance of the utilities. Upon change of resident, tl 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 hisher duties as caretaker nor in City vehicles and shall not discharge any firearms on City property. Attachmeni e 0 8. Parties The employee shall notify the Department Head in advance of any party at the residence involving 15 or more people. 9. &s 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. 10. Term The City maintains the right to change the assignment of the caretaker responsibility based solely on determination of the City. It is the intent of this provision to create an at-will tenancy. There shall be an annual revie\ of the caretaker’s performance with the Superintendent and General Manager. Q. Non-EliPibilitv An employee shall not be eligible for the following benefits provided 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 eligible to accrue no more than 40 hours of such compensatory time. State disability insurance as provided by the State of California, Article 3( of the MOU with CCEA. 2. Attachment e 0 ATTACHMENT C CAFUSBAD MUNICIPAL WATER DISTRICT Salary Schedule and Job Classification Effective January 1,1996 CLASSIFICATION RANGE Accountant 51 Accounting Office Assistant 31 Construction & Maintenance Worker I 29 Construction & Maintenance Worker I1 32 Engineering Office Assistant I1 23 Associate Engineer 57 Engineering Secretary 35 Engineering Technician I1 39 Engineering Technician I11 43 Equipment Operator 35 Facility Maintenance Leadworker 35 Senior Engineering Inspector 53 Senior Construction & Maintenance Worker 38 Senior Systems Operator 40 Service Coordinator 38 Storekeeper 38 System Operator I 31 System Operator I1 37 Water Conservation Specialist 33 - AITACHMENTC e e CARLSBAD MUNICIPAL WATER DISTRICT BIWEEKLY SALARY SCHEDULE Effective January 1,1996 EAmEsIEu SIEm SEU SEER SXEE ~~ 15 $737.1 0 $766.52 $797.62 $831.23 $869.06 $91 2.51 $934.24 16 $751.39 $782.49 $8 1 4.43 $849.73 $884.19 $928.39 $950.50 17 $766.52 $797.62 $831.23 $869.06 $904.36 $949.57 $972.1 8 18 $782.49 $81 4.43 $849.73 $884.19 $923.69 $969.87 $992.96 19 $797.62 $831.23 $869.06 $904.36 $943.86 $991.05 $1,014.65 20 $81 4.43 $849.73 $884.19 $923.69 $966.55 $1,014.88 $1,039.04 21 $831.23 $869.06 $904.36 $943.86 $990.09 $1,039.59 $1,064.34 22 $849.73 $884.19 $923.69 $966.55 $1,011.10 $1,061 65 $1,686.91 23 $869.06 $904.36 $943.86 $990.09 $1,032.1 1 $1,083.71 $1,109.5; 24 $884.19 $923.69 $966.55 $1,011.10 $1,052.28 $1,104.89 $1,131.2( 25 $904.36 $943.86 $990.09 $1,032.1 1 $1,076.65 $1,130.49 $1,157.4 26 $923.69 $966.55 $1,011.10 $1,052.28 $1,101.03 $1,156.08 $1,183.6 27 $943.86 $990.09 $1,032.1 1 $1,076.65 $1,124.56 $1,180.79 $1,208.9 28 $966.55 $1,011.10 $1,052.28 $1,101.03 $1,149.78 $1,207.27 $t,236.C 29 $990.09 $1,032.1 1 $1,076.65 $1,124.56 $1,174.99 $1,233.74 $1,263.1 30 $1,011.10 $1,052.28 $1,101.03 $1,149.78 $1,200.21 $1,260.22 $1,290.: 31 $1,032.11 $1,076.65 $1,124.56 $1,174.99 $1,229.62 $1,291.10 $1,321.1 32 $1,052.28 $1 ,101.03 $1,149.78 $1,200.21 $1,254.84 $1,317.58 $1,348.! 33 $1,076.65 $1,124.56 $1,174.99 $1,229.62 $1,283.41 $1,347.58 $1,379.1 34 $1,101.03 $1 ,149.78 $1,200.21 $1,254.84 $1,315.35 $1,381.12 $1,414.1 35 $1,124.56 $1,174.99 $1,229.62 $1,283.41 $1,343.93 $1,411.1 2 $1,444. 36 $1,149.78 $1,200.21 $1,254.84 $1.315.35 $1,373.34 $1,442.01 $1,476 37 $1,174.99 $1,229.62 $1,283.41 $1,343.93 $1,406.12 $1,476.43 $1,511 38 $1,200.21 $1,254.84 $1,315.35 $1,373.34 $1,436.38 $1,508.20 $1,544 39 $1,229.62 $1,283.41 $1,343.93 $1,406.12 $1,469.37 $1,542.84 $1,579 40 $1,254.84 $1,315.35 $1,373.34 $1,436.38 $1,506.98 $1,582.33 $1,620 41 $1,283.41 $1,343.93 $1,406.12 $1,469.37 $1,529.67 $1,606.16 $1,W 43 $1,343.93 $1,406.12 $1,469.37 $1,529.67 $1,593.55 $1,673.23 $1,71: 44 $1,373.34 $1,436.38 $1,506.98 $1,559.09 $1,622.97 $1,704.12 $1,74 42 $1,315.35 -+?,373.34 $1,436.38 $1,506.98 $1,559.09 $1,637.04 $1,67t - AlTACHMENTC 9 e CARLSB AD MUNICIPAL WATER DISTRICT BIWEEKLY SALARY SCHEDULE Effective January 1,1995 ~SIEtLA SEER SIEEG SEEQ SSEEE ~~ 45 $1,406.12 $1,469.37 $1,529.67 $1,593.55 $1,657.43 $1,740.30 $1,781.73 46 $1,436.38 $1,477.43 $1,528.52 $1,591.14 $1,656.24 $1,739.05 $1,780.46 47 $1,469.37 $1,499.68 $1,562.30 $1,624.93 $1,689.20 $1,773.66 $1,815.89 48 $1,506.98 $1,528.52 $1,591.14 $1,656.24 $1,722.16 $1,808.27 $1,851 32 49 $1,529.67 $1,562.30 $1,624.93 $1,689.20 $1,757.59 $1,845.47 $1,889.41 50 $1,559.09 $1,622.97 $1,689.36 $1,756.60 $1,828.88 $1,920.33 $1,966.0: 51 $1,593.55 $1,657.43 $1,722.98 $1,792.74 $1,865.87 $1,959.16 $2,005.81 52 $1,622.97 $1,689.36 $1,756.60 $1,828.88 $1,903.69 $1,998.87 $2,046.4€ 53 $1,657.43 $1,722.98 $1,792.74 $1,865.87 $1,940.67 $2,037.70 $2,086.2; 54 $1,689.36 $1,756.60 $1,828.88 $1,903.69 $1,983.53 $2,082.71 $2,132.3 55 $1,722.98 $1,792.74 $1,865.87 $1,940.67 $2,017.99 $2,118.89 $2,169.31 56 $1,756.60 $1,828.88 $1,903.69 $1,983.53 $2,060.86 $2,163.90 $2,215.4: 57 $1,792.74 $1,865.87 $1,940.67 $2,017.99 $2,102.04 $2,207.14 $2,259.6 58 $1,828.88 $1,903.69 $1,983.53 $2,060.86 $2,143.22 $2,250.39 $2,303.9 59 $1,865.87 $1,940.67 $2,017.99 $2,102.04 $2,184.41 $2,293.63 $2,348.2 60 $1,903.69 $1,983.53 $2,060.86 $2,143.22 $2,228.1 1 $2,339.52 $2,395.2 61 $1,940.67 $2,017.99 $2,102.04 $2,184.41 $2,274.34 $2,388.06 $2,444.S 62 $1,983.53 $2,060.86 $2,143.22 $2,228.11 $2,318.04 $2,433.95 $2,491 .S 63 $2,017.99 $2,102.04 $2,184.41 $2,274.34 $2,365.11 $2,483.37 $2,542.1 64 $2,060.86 $2,143.22 $2,228.1 1 $2,318.04 $2,412.18 $2,532.79 $2,593.1 -.-- e e ATTACHMENT D EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAFUSBAD: Article I - - General Provisions Sec. 1. Statement of Purpose. This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3 500 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 law, 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 intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employe) 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 involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by Federal or State law. However, nothing hereii shall be construed to restrict any legal or inherent exclusive City rights with respect to matters ol general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, 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 duty because of lack of work 01 for other ladl reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations are to be conducted; 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. Sec. 2. Definitions. As used in this Resolution, the following terms shall have the meanings indicate1 a. “Appropriate Unit” means a unit of employee classes or positions, established pursuant to Article I1 hereof. b. “City” means the City of Carlsbad, and, where appropriate herein, refers the City Council or any duly authorized City representative as herein defined. e e b 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 emplo yer-employee relations. d. “ConsultIConsultation in Good Faith” means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, a: 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 the form of a Memorandum of Understanding, nor is it subject to Article IV hereof e. f. “Day” means calendar day unless expressly stated otherwise. “Employee Relations Officer” means the City Manager or hisher duly authorized representative. €5 “Impasse” means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith wherc 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 prolonged 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 to 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 chief; Fire chief; Attachment 0 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; 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. 1. “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 (1 80) 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 Articl I1 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 effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgement. Attachment 0 0 Article I1 -- Representation Proceedings Sec. 3. Filing; of Reconnition Petition bv Employee Organization. An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file i petition with the Employee Relations Officer containing the following information and documentation: a. b. c. Name and address of the employee organization. Names and titles of its officers. 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 its primary purposes, the responsibility of representing employees in their employment relations with the City. e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization. f. g. Certified copies of the employee organization’s constitution and bylaws. A designation of those persons, not exceeding two in number, and their addresse: to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. 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. 1. 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 ir the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. Attachment e 0 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 the employee organization executing it. Sec. 4. City Response to Recognition Petition. Upon receipt of the Petition, the Employee Relations Officer shall determine whether: a. b. of this Article 11. There has been compliance with the requirements of the Recognition Petition, and The proposed representation unit is an appropriate unit in accordance with Sec. 8 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 sucl petitioning employee organization and, if such determination thereafter remains unchanged, shal 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. Open Period for Filing Challenging Petition. 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 organizatior may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping 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 suppon ' in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same forr and manner as set forth in Sec. 3 of this Article 11. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on 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 standards in Sec. 8 o this Article 11. The petitioning employee organizations shall have fifteen (1 5) days from the dati notice of such unit determination is communicated to them by the Employee Relations Officer tc amend their petitions to conform to such determination or to appeal such determination pursuan to Sec. 11 of this Article 11. Attachment I 0 See. 6. Election Procedure. The Employee Relations Offcer shall arrange for a secret ballot election to be conducted by a paity 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 I1 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 be 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 (1 5) 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 organizatior 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 Resolution pursuant to any petition in a 12-month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, th 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. Sec. 7. Procedure for Decertification of Exclusivelv Recognized Employee Organizatior A Decertification Petition alleging that the incumbent Exclusively Recognized Employe Organization no longer represents a majority of the employees in an established appropriate uni 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 termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition 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 of perjury to be true, correct and complete. a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. Attachment @ 0 * b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as the representative of that unit. c. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be 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 this Section. 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 hisher determination is ii 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 11. If the determination of the Employee Relations Officer is in the affirmative, or if his/her negative determination is reversed on appeal, he/she shall 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 secret ballot election to be held on or about fifteen (1 5) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 6 of this Article 11. During the “open period” specified in the first paragraph of this Sec. 7, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (1 5) days of such notice file a Recognition Petition in accordance with this Sec. 7, which the Employee Relations Officer shall act on in accordance with this Sec. 7. Attachment 1 e 0 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. 8. Policv and Standards for Determination of ADpropriate Units. The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, anc (2) providing employees with effective representation based on recognized community of interes 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 be 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 employment; 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 unit have organized. c. d. Consistency with the organizational patterns of the City. Number of employees and classifications, and the effect on the 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 or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, managerial, supervisory 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. Attachment 1 e 0 t Sec. 9. Procedure for Modification of Established Appropriate Units. 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 11. 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 policie: petitions as other Recognition Petitions under this Article 11. The Employee Relations Officer may on hisher 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 11, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 11 of this Article. If a unit is modified pursuant to the motion of the Employee Relation Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof. and standards set forth in Sec. 8 hereof. The Employee Relations Officer shall process such Sec. 10. Procedure for Affiliation or Disaffiliation of Established Appropriate Units. Requests by employee organizations for affiliation or disaffiliation of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 7 or this Article 11. Such requests shall be submitted in the form of a Recognition Petition. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article 11. Sec. 11. Appeals. An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Article I1 may, within ten (1 0) 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 appeal such determinatio to the City Council for final decision within fifteen (1 5) days of notice of the Employee Relations Officer's determination or 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 (Sec. 5); Decertification of Recognition Petition (Sec. 7) or Affiliation or Disaffiliation Petition (Sec. 10) -- or employees Attachment ' @ aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Sec. 7) -- has not been filed in compliance with the applicable provisions of this Article may, within fifteen (1 5) days of notice of such determination, appeal the determination to the City Council for final decision. Appeals to the 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 conside the matter within thirty (30) days of the filing of the appeal. The City Council may, in its the use of such procedure, and/or any decision of the City Council determining the substance of the dispute shall be final and binding. discretion, refer the dispute to a third party hearing process. Any decision of the City Council 01 Article I11 -- Administration. Sec. 12. Organizations. Submission of Current Information bv Recognized Employee 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. Upon formal acknowledgement by the City of an Exclusively Recognized Employee Payroll Deductions on Behalf of Employee Organizations. Organization under this Resolution, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored b such organization upon the written authorization of employees in the unit represented by the Exclusively Recognized Employee Organization on forms 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. ' Sec. 14. Access to 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 meetings and elections, and shall not interfere with the efficiency, safety and security of City operations. Employee Organization Activities -- Use of Citv Resources. Attachment I 9 e Y Sec. 15. The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation witl- affected employee organizations. Administrative Rules and Procedures. Article IV -- Impasse Procedures Sec. 16. If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: a. Initiation of Impasse Procedures. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Sec. 17. Impasse Procedures. 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 an time concerning the issues. b. If the parties fail to agree to submit the dispute to mediation or fail to agree on tl selection of a mediator, or fail to resolve the dispute through mediation within fifteen (1 5) 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 or 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 Exclusive Recognized Employee Organization, and those two shall name a 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 experienc in the municipal sector to be provided by the State Conciliation Service. The following constitute the jurisdictional and procedural requirements for fact-finding Attachment . 9 * u (1) The fact-finders 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 arriving at their findings and recommendations: (a) First, as relevant to the issues in dispute, the fact-finders shall compare the total compensation, hours and conditions of employment of the employees involved in the fact-findinl proceeding with the total compensation, hours, and conditions of employment of other employees performing similar services in public and private employment in the same 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 benefits; 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) (ii) The compensation necessary to recruit and retain qualified personnel. Maintaining compensation relationships between job classifications and positions within the City. (iii) The pattern of change that has occurred in the total compensation of the employees in the unit at impasse as compared to the 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 th comparisons as adjusted above which, however, shall be reduced as appropriate based on the financial resources 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 on agency resources, i.e., budgetary priorities as established by the governing body; and (ii) Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); and (iii) for the relevant fiscal year(s); and (iv) (v) Revenue projections not to exceed currently authorized tax and fee rates Assurance of sufficient and sound budgetary reserves; and Constitutional, statutory limitations on the level and use of revenues and expenditures. Attachment 1 a e c (3) The fact-finder(s) shall make written findings of fact and recommendations for thc 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 o the fact-finding panel shall serve such findings and recommendations on the Employee Relation: 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 sha 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 the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding. Sec. 18. The costs for the services of a mediator and fact-finder or chairperson of a fact-finding Costs of Impasse Procedures. 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 Organization. Th( cost for a fact-finding panel member selected by each party, and other separately incurred costs, shall be borne by such party. Article V -- Miscellaneous Provisions Sec. 19. Construction. 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, body or other representative of the City, the rights, powers and authority granted 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 employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sick-out or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions or employment except as expressly otherwise provided by legally preemptive State ( contrary local law. In the event employees engage in such actions, they shall subject themselv Attachment A * e r( to discipline up to and including termination, and may be permanently replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit any rights accorded them under City law or contract.* Sec. 20. Severability. 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. Attachment 1