HomeMy WebLinkAbout2013-09-24; City Council; Resolution 2013-2351 RESOLUTION NO. 2013-235
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM
^ OF UNDERSTANDING BETWEEN REPRESENTATIVES
OF MANAGEMENT AND THE CARLSBAD POLICE
OFFICERS' ASSOCIATION, REVISING THE POLICE
5 CORPORAL CLASSIFICATION DESCRIPTION AND
AUTHORIZING APPROPRIATION OF RELATED FUNDS
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g Milias-Brown Act regarding wages and other terms and conditions of employment; and
10 WHEREAS, said representatives have reached agreement which they desire to
submit to the City Council for consideration and approval; and
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WHEREAS, representatives of management and the Carlsbad Police Officers'
Association (CPOA) have met and conferred in good faith pursuant to the Meyers-
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 (MOU),
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j3 marked Exhibit 2, incorporated by reference herein; and
16 WHEREAS, it is necessary to amend the classification description of Police
Corporal to appropriately describe the assigned responsibilities of this position within
the city organizational structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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21 Carlsbad, California, as follows:
22 1. That the above recitations are true and correct.
23 2. That the Memorandum of Understanding between the Carlsbad Police
Officers' Association (CPOA) and the City of Carlsbad as set forth in Exhibit 2 is hereby
approved and the City Manager is authorized and directed to execute it.
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1 3. That the City Council adopts the amended classification description of
2 Police Corporal as shown in Exhibit 4 attached hereto and made a part thereof.
3 4. That the City Council authorizes the Administrative Services Director to
appropriate $704,000 from the General Fund balance to be used to provide for the
stipends that occur in FY 2013-14.
5. That the future fiscal impact of items described in the MOU will be
included in future fiscal year budgets.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 24*^ day of September, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION
Term: January 1, 2013 - December 31, 2014
TABLE OF CONTENTS
Preamble Page 1
Article 1 Implementation Page 1
Article 2 Term and Renegotiation Page 1
Article 3 Retention of Benefits Page 1
Article 4 Authorized Agents Page 1
Article 5 Recognition Page 2
Article 6 Savings Clause Page 2
Article 7 Nondiscrimination Clause Page 2
Article 8 Compensation Adjustments Page 2
Article 9 Management Rights Page 2
Article 10 Grievance Procedure Page 3
Article 11 Stand-By Page 7
Article 12 Bilingual Pay Page 7
Article 13 Basic Work Week/Work Day Page 8
Article 14 Court and Hearings Page 9
Article 15 Sick Leave/Bereavement Leave Page 10
Article 16 Association Rights Page 11
Article 17 Overtime Page 12
Article 18 Call Back Page 13
Article 19 Seniority Page 14
Article 20 Legal Representation Page 14
Article 21 Peaceful Performance of City Services Page 15
Article 22 Discipline of an Employee Page 15
Article 23 Probationary Period Page 17
Article 24 Retirement Benefits Page 17
Article 25 Flexible Benefits Program Page 18
Article 26 Uniform Reimbursement Page 20
Article 27 Educational Incentive Page 20
Article 28 Field Training Officer Page 22
Article 29 Vehicles for Investigations Page 22
Article 30 Long Term Disability Page 23
Article 31 Leave of Absence Page 23
Article 32 Disability Retirement Page 24
Article 33 Vacation Page 24
Article 34 Holidays Page 26
Article 35 Salary/Anniversary Date on Promotion Page 27
Article 36 Alcohol and Drug Policy Page 27
Article 37 Employer Searches Page 34
Article 38 Flexible Job Sharing Page 34
Article 39 Deferred Compensation Loan Provision Page 34
Article 40 Life Insurance and Voluntary Benefits Page 34
Article 41 Joint Efficiency Study Page 35
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MEMORANDUM OF UNDERSTANDING
This memorandum of Understanding is made and entered into as of the date of formal approval hereof by
the City Council of the City of Carlsbad, by and between designated management representatives of the
City of Carlsbad (hereinafter referred to as the "City") and the designated representatives of the Carlsbad
Police Officers' Association (hereinafter referred to as "CPOA").
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as "Memorandum") to
promote and provide for harmonious relations, cooperation and understanding between the City
management representatives and the local safety police employees covered under this Memorandum; to
provide an orderly and equitable means of resolving any misunderstandings or differences which may
arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good
faith negotiations regarding wages, hours and other terms and conditions of employment of the employees
covered under this Memorandum, which agreement the parties intend jointly to submit and recommend
for City Council approval and implementation.
ARTICLE 1. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council
following ratification of the Memorandum by the membership of CPOA. It is agreed that the City will act
in a timely manner to make the changes in City ordinances, resolutions, rules, policies and procedures and
those of the Police Department necessary to implement this Memorandum.
ARTICLE 2. TERM AND RENEGOTL\TION
2.1 The term of this Memorandum shall commence on January 1, 2013, and shall continue until
December 31, 2014.
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals in
approximately September 2014.
ARTICLE 3. RETENTION OF BENEFITS
Existing benefits contained in this Memorandum shall not be changed during the term of this agreement
without the mutual consent of the parties hereto. Existing benefits not set forth in this Memorandum
which fall within the scope of representation shall not be changed by the City without advance notice and
an opportunity to meet and confer regarding such change. The parties recognize and accept the concept
of past practices as to matters within the scope of representation and agree to meet and confer regarding a
proposed change in any such practices. The City shall not propose any such changes unless required to
do so for operational or organizational reasons.
Notwithstanding the foregoing, during the term of this agreement, neither party will compel the other to
meet and confer over any mandatory subject of bargaining.
ARTICLE 4. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum:
4.1 City's principal authorized agent shall be the City Manager or a duly authorized representative
[Address: 1200 Carlsbad Village Drive, Carlsbad, Califomia 92008; Telephone: (760)434-
2821] except where a particular representative is specifically designated in connection with the
performance of a specific function or obligation set forth herein.
4.2 CPOA's principal authorized agent shall be its President or duly authorized representative
[Address: P.O. Box 1392, Carlsbad, Califomia 92008; Telephone: (760) 931-2144] and Law
Offices of Silver, Hadden & Silver, [Address: 1428 Second Street, Santa Monica, Califomia
90401; Telephone (310) 393-1486].
ARTICLE 5. RECOGNITION
The City recognizes CPOA as the majority representation of the bargaining unit that includes the
classifications as listed in the attached salary schedule.
ARTICLE 6. SAVINGS CLAUSE
6.1 If any articles of this Memorandum should be found invalid, unlawful or unenforceable by reason
of existing or subsequent enacted legislation or by judicial authority, all other articles and
sections of this Memorandum shall remain in full force and effect for the duration of this
Memorandum.
6.2 In the event of invalidation of any article or section, the extinguished benefit shall be replaced by
a substitute benefit of comparable value. The City and the Association shall meet within thirty
(30) days following the invalidation for the purpose of determining the specific nature and form
of the replacement benefit.
ARTICLE 7. NONDISCRIMINATION CLAUSE
Neither City nor CPOA shall interfere with, intimidate, restrain, coerce, or discriminate against
employees covered by this Memorandum because of exercise of rights to engage or not engage in CPOA
activity or because of the exercise of any right provided to the employees by this Memorandum.
ARTICLE 8. COMPENSATION ADJUSTMENTS
In the first full pay period following Council approval of this MOU, all CPOA-represented employees
active on payroll shall receive a taxable non-persable stipend equal to $2,400.
In the first full pay period of calendar year 2014, all CPOA-represented employees active on payroll shall
receive a taxable non-persable stipend equal to $2,700.
ARTICLE 9. MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right: to determine the mission of its
major service areas, departments, commissions, and boards; to set standards of service; to determine
procedures and standards of selection for employment and promotion; to direct its employees; to take
disciplinary action; to relieve employees from duty because of lack of work or other legitimate reasons; to
transfer employees among various department activities and work groups; to maintain the efficiency of
City operations; to determine the methods, means and personnel by which City operations are to be
conducted; to determine the contents of job classifications; to take all necessary actions to carry out its
mission in emergencies; and to exercise complete control and discretion over its organization and the
technology for performing its work. Nothing in this Memorandum shall require the City to meet and
confer over the exercise of its management rights, however, in so doing, the City shall comply with all
applicable provisions of this Memorandum.
ARTICLE 10. GRIEVANCE PROCEDURE
10.1 Purpose. The purpose and objectives of the grievance procedure are:
10.1.1 To promote improved employer-employee relations by establishing
grievance procedures on matters for which an appeal or hearing is not
provided by other regulations.
10.1.2 To assure fair and equitable treatment of all employees and promote
harmonious relations among employees, supervisors, and management.
10.1.3 To encourage the settlement of disagreements informally at the employee-
supervisor level and provide an orderly procedure to handle grievances
throughout the several supervisory levels where necessary.
10.1.4 To provide that appeals shall be conducted as informally as possible.
10.1.5 To resolve grievances as quickly as possible and correct, if possible, the
cause of grievances, thereby reducing the number of grievances and future
similar complaints.
10.1.6 This grievance procedure is applicable to all employee classifications
represented by the CPOA in the Police Department of the City of Carlsbad.
10.2 Definitions. For the purpose of this grievance procedure the following definitions shall
apply.
10.2.1 Citv Manager: The City Manager.
10.2.2 Assistant City Manager: An Assistant City Manager.
10.2.3 Department: An office, department, or institution of the City.
10.2.4 Department Head or Head of a Department: The chief executive officer of a
department.
10.2.5 Employee or City Employee: Any officer or employee of the City, except an
elected official.
10.2.6 Employee Representative: An individual who appears on behalf of the
employee.
10.2.7 Grievance: A complaint of an employee or a group of employees arising out
of an application or interpretation of existing rules, regulations, or policies
which come under the control of a Department Head.
10.2.8 Immediate Supervisor: The individual who assigns, reviews, or directs the
work of an employee.
10.2.9 Interested Party: An individual having pertinent and/or immediate
knowledge of the circumstances out of which the grievance arose.
10.2.10 Supervisor: The individual to whom an immediate supervisor reports.
10.3 Reviewable and Non-Reviewable Grievances
10.3.1 To be reviewable under this procedure a grievance must:
(a) Concem matters or incidents that have occurred.
(b) Result from an act or omission by management regarding working
conditions or other matters over which the head of the department
has control.
(c) Arise out of a specific situation, act, or acts considered to be unfair
which result in inequity or damage to the employee.
(d) Arise out of an interpretation and application of the Memorandum or
Personnel Rules and Regulations.
10.3.2 A grievance is not reviewable under this procedure:
(a) If it is a matter which would require a modification of a policy
established by City Council or by law;
(b) Is reviewable under some other administrative procedure and/or rules
of the City of Carlsbad (See, e.g.. Article 22 hereunder), such as:
(1) Applications for changes in title, job classification, or salary.
(2) Appeals from formal disciplinary proceeding.
(3) Appeals from work performance evaluations.
10.4 Special Grievance Procedure Provisions: The following special provisions apply to the grievance
procedure.
10.4.1 Procedure for Presentation: In presenting a grievance, an employee shall
follow the sequence and the procedure outlined in Section 10.5 of this
procedure.
10.4.2 Prompt Presentation: The employee shall discuss the grievance with an
immediate supervisor promptly after (i.e., when grievant knew or should
have known) the act or omission of management caused the grievance.
10.4.3 Prescribed Form: The written grievance shall be submitted on a form
prescribed by the Human Resources Director for this purpose.
10.4.4 Statement of Grievance: The grievance shall contain a statement of
(a) The specific situation, act, or acts considered to be unfair and the
reasons why.
(b) The inequity or damage suffered by the employee.
(c) The relief sought.
10.4.5 Employee Representative: The employee may choose someone as a
representative at any step in the procedure. No person hearing a grievance
need recognize more than one representative for any one time, unless he/she
so desires.
10.4.6 Interested Parties: There shall be no limit placed upon the number of
interested parties which may provide information during the hearing of a
grievance at any step of the grievance procedure.
10.4.7 Handled During Working Hours: Whenever possible, grievances will be
handled during the regularly scheduled working hours of the parties involved.
10.4.8 Extension of Time: The time limits within which action must be taken or a
decision made as specified in this procedure may be extended by mutual
written consent of the parties involved. A statement of the duration of such
extension of time must be signed by both parties involved at the step to be
extended.
10.4.9 Consolidation of Grievances: If the grievance involves a group of employees
or if a number of employees file separate grievances on the same matter, the
grievances shall be handled as a single grievance.
10.4.10 Settlement: Any grievance shall be considered settled at the completion of
any step if the grievant is satisfied or if the grievant does not present the
matter to a higher authority within the prescribed time.
10.4.11 Reprisal: The grievance procedure is intended to assure a grieving employee
the right to present a grievance without fear of disciplinary action or reprisal,
provided the provisions of the grievance procedure are observed. Copies of
grievance forms will not be placed in employee personnel records but will be
maintained in separate files in the Human Resources Department.
10.5 Grievance Procedure Steps: The following procedure shall be followed by an employee
submitting a grievance for consideration and action.
10.5.1 Discussion With Supervisor: The employee shall discuss the grievance with
the employee's immediate supervisor informally. Within seven (7) calendar
days, the supervisor shall give a decision to the employee verbally.
10.5.2 Step 1: If the employee and the supervisor cannot reach an agreement to
resolve the grievance, the employee may within seven (7) calendar days
present the grievance in writing to the supervisor. The supervisor shall
memorialize the prior verbal decision on the grievance and present the
grievance to the next-level supervisor within seven (7) calendar days.
The next-level supervisor shall hear the grievance and shall give a written
decision to the employee within seven (7) calendar days after receiving the
grievance. This portion of this step shall be repeated as necessary until the
next-level supervisor is a Police Captain.
10.5.3 Step 2: If the employee and the next-level supervisor cannot reach an
agreement to resolve the grievance, the employee may within seven (7)
calendar days present the grievance in writing to the Police Chief The Police
Chief shall hear the grievance and shall give the written decision to the
employee within seven (7) calendar days after receiving the grievance.
10.5.4 Step 3: If the employee and Police Chief cannot reach an agreement as to the
solution of the grievance, the employee may file a written request with the
Human Resources Director, within seven (7) calendar days, to have the
grievance heard by a Hearing Officer via the process described in Section
10.5.7. The Human Resources Director shall present a copy of the grievance
to the Assistant City Manager who may conduct a meeting with the grievant
and/or CPOA representatives to identify and clarify disputed issues and
attempt to resolve the grievance prior to presentation of the grievance to the
Hearing Officer.
10.5.5 Step 4: If the matter is not otherwise resolved, the Hearing Officer shall,
within thirty (30) calendar days after receipt of the grievance, hear the
grievance and render an advisory opinion to the City Manager. The City
Manager shall, within fourteen (14) calendar days after receipt of the
advisory opinion, notify the employee of the final action.
10.5.6 Any of the above steps may be waived by mutual agreement of the parties.
10.5.7 Hearing Officer. The employee or employee organization and the City will
attempt to develop a pennanent list of five (5) mutually acceptable hearing
officers. If the parties cannot mutually agree on the identity of the hearing
officer from this permanent list, they will altemately strike names from the
list of five using a strikeout procedure. The party striking the first name will
be determined by lot.
If a permanent list of five mutually acceptable hearing officers cannot be
developed, the parties agree that the advisory hearing will be conducted
before a hearing officer selected by the parties from a list of seven hearing
officers provided by the Califomia State Mediation and Conciliation Service.
If the parties cannot mutually agree on the identity of the hearing officer they
will altemately strike names from the list of seven using a strikeout
procedure. The party striking the first name will be determined by lot.
All administrative costs associated with the cost of a grievance and the
subsequent hearing; including the hearing officer, court reporter and
transcription costs, if any, will be shared equally between the City and the
Carlsbad Police Officers' Association. In the case that the Carlsbad Police
Officers' Association does not support the grievance continuing to the
advisory hearing by a Hearing Officer, all administrative costs associated
with the cost of a grievance and the subsequent hearing; including the
hearing officer, court reporter and transcription costs, if any, will be shared
equally between the City and the employee.
The employee or employee organization will be responsible for the cost of
his or her own representation or attomey fees and preparation of documents.
ARTICLE 11. STAND-BY
11.1 Due to staff limitations, it may be necessary for the Police Chief to schedule employees to be on
stand-by to handle overtime work which may arise during other than the employee's normal
working hours.
(a) Incident Stand-by is defined as time in which an employee (a duty detective, detective
sergeant or duty traffic investigator) is required, by the Police Chief or designee, to
remain at a place where the employee can reasonably expect to respond and arrive at the
Carlsbad Police Department within one hour. Employees are expected to respond in a
safe and expeditious manner taking only the time necessary to arrive at the Carlsbad
Police Department or other designated location. Response delays caused by traffic
conditions or other factors beyond the employee's control will not be considered a failure
to respond within the requirements of this article.
(b) Staffing Stand-by is defined as time in which an employee (generally the assigned
communications operator) is required, by the Police Chief or designee, to remain
available to respond to the Carlsbad Police Department.
11.2 Contact Responsibility: An employee assigned to stand-by shall maintain current contact
information, either telephone number and/or cell phone number, with the communications center.
The employee assigned to stand-by shall be immediately available at the number(s) provided.
11.3 Compensation: An employee will be compensated for stand-by time at the rate of twenty two
dollars ($22) per 24 hours or fraction thereof Employees on stand-by, called to perform work,
will be compensated for all actual hours worked in accordance with overtime and call-back rules.
11.4 General Call Out: Certain special assignments, such as canine, investigations, field evidence
technicians and traffic are expected to respond to call-outs if they are available but unless they are
assigned to stand-by they are not required to maintain an available status.
11.5 Sick Notification: If any employee is unable to fulfill any portion of their stand-by assignment
due to illness or other emergency, it is the employee's responsibility to notify their supervisor as
soon as possible so that an altemate may be assigned.
ARTICLE 12. BILINGUAL PAY
Any employee annually certified, as the Police Chief may direct, as a qualified translator-interpreter of
the Spanish language shall receive forty dollars ($40) per pay period.
ARTICLE 13. BASIC WORK WEEK/WORK DAY
13.1 The official workweek for non-swom employees who work a 9/80 schedule begins on Friday at
12:01 p.m. and ends on the following Friday at 12:00 p.m.
13.2 The official workweek for non-swom employees working any schedule other than a 9/80
schedule begins on Sunday at 12:01 p.m. and ends on the following Sunday at 12:00 p.m.
13.3 In accordance with section 7(k) of the Fair Labor Standards Act, the official work period for
swom employees begins on Sunday at 12:01 p.m. and ends 14 days later at 12:00 p.m. Overtime
shall be compensated in the manner prescribed by Article 17 of this Memorandum.
13.4 References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work
three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour
shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours
worked in the pay period. For employees who are not covered by the 7(k) exemption contained
in Article 13.3 of the Memorandum, hours worked in excess of 40 in a workweek will be
compensated in accordance with Article 17 of the Memorandum.
13.5 All unit members may be assigned to either a 3/12, 5/8, 4/10 or 9/80 work schedule. In general,
unit members assigned to patrol and dispatch shall work a 3/12 schedule.
13.6 Unit members assigned to motors shall be provided one hour of paid leave (at straight time) each
regularly scheduled work day for care and maintenance of the motor.
13.7 Unit members assigned as canine handlers shall work a weekly 3/12+4 schedule consisting of
three work days of twelve consecutive work hours plus one additional shift consisting of 4
consecutive work hours per week. Unit members assigned as canine handlers shall also be paid 4
hours of overtime each work week for care and maintenance of the canine.
13.8 Deployments shall be six months in length and shifts shall be bid one month in advance according
to seniority.
13.9 Patrol employees (police officers assigned to patrol, canine, traffic, community policing and
community service officers assigned to patrol and traffic) will be given two (2) fifteen-minute rest
periods and one (1) half-hour lunch break each workday without loss of pay.
13.10 Communications Operators/Supervisors - The Police Communication Center is a fluid and ever
changing environment and flexibility is paramount to efficient operations. To achieve effective
operations and meet changing needs in activity and staffing levels, communication
operators/supervisors are expected to remain flexible in their schedule in regard to rest periods
and meal breaks. The following break policy for communication operators/supervisors is
intended to balance the need for employee break time and the need for operational flexibility.
During the life of this agreement and to the extent this agreement complies with state law, the
provisions of (a) and (b) below shall be in effect:
(a) Breaks - Communications operators/supervisors are entitled to two (2) 15 minute rest
periods and one (1) 30 minute lunch break each workday without loss of pay. Due to the
unique needs of a 911 center, there may be times when communications
operators/supervisors will have to adjust break times or work through their breaks. At an
employee's request and with supervisor approval, the break periods may be combined
into a one (1) hour compensated break.
(b) Availability - Communications operators/supervisors are expected to be available to
resume their duties during their break time and, therefore, are compensated for their
breaks. When staffing and activity levels permit, communication operators/supervisors
are allowed to leave the premises. When on a break communications
operators/supervisors are subject to recall via cell phone, pager, and/or police radio and
will remain within a fifteen (15) minute recall response to the Communications Center.
Activities that may interfere with a communications operator/supervisor's ability to
retum to the Communications Center within 15 minutes should not be conducted during
break time but should be accommodated with other leave time such as comp. time or
vacation time.
ARTICLE 14. COURT AND HEARINGS
14.1 Compensation: Off duty personnel who appear in court or at a hearing pursuant to an official
request from a legally constituted body regarding matters arising out of, or associated with, their
employment shall be compensated at a minimum of four (4) hours per day calculated at time and
one-half the employee's regular rate of pay. Actual time spent in court over the four (4) hour
minimum on the same day is compensable at time and one-half the employee's regular rate of
pay.
14.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing
appearance is contiguous with the commencement or end of the employee's regularly scheduled
work shift. In that situation, the employee shall receive overtime compensation at the following
rate.
Any subpoena received with an appearance time of two (2) hours prior to the commencement of
the employee's work shift will receive two (2) hours compensation at the overtime pay rate.
Any subpoena received with an appearance time of one (1) hour prior to the commencement of
the employee's work shift will receive one (1) hour compensation at the overtime pay rate.
Officers who receive subpoenas for separate cases on the same day that overlap minimum hour
designations are entitled to contiguous time as opposed to separate three/four hour minimums.
14.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held
over during the normal lunch break for further appearance after lunch, they shall be entitled to
credit for the lunch break as time worked.
14.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee
transportation. Mileage expenses will not be paid for appearances in court or at a hearing when
the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the
court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a
Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for
mileage expenses to and from the court or hearing location, or the round trip distance between the
court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall
be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad
titled "Travel Policy" with an effective date of 12/14/99, including any subsequent changes to this
policy.
14.5 Phone Testimony: When off duty personnel provide court or hearing testimony via telephone, the
employee shall be compensated for the actual time of the telephone testimony or a minimum of
one (1) hour, which ever is greater, at time and one-half the employee's regular rate of pay.
14.6 District Attomey Conversation: When off duty personnel receive calls from District Attomey
personnel regarding criminal cases, employees will receive no compensation for conversations
lasting less than 10 minutes. Employees will receive compensation at time and one-half the
employee's rate of pay for the actual time of the conversation or a minimum of one (1) hour,
whichever is greater, for conversations lasting 10 minutes or longer. Employees receiving
multiple calls within the same one hour period shall only receive one hour compensation.
ARTICLE 15. SICK LEAVE/BEREAVEMENT LEAVE
For the purpose of this section, the term "family member" shall be defmed in the personnel rules and
regulations.
Sick leave can be used in 15 minute increments.
15.1 Every CPOA-represented employee will accme sick leave on a daily basis at the rate of sixteen
(16) minutes for each continuous calendar day of service.
15.2 Accmed, unused sick leave may be carried over to succeeding years, but will not be paid out
when an employee's employment with the City ends.
15.3 Employees shall be granted sick leave: (1) to recuperate from or receive treatment for personal
injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the
employee's own or a family member's medical, dental, or optometry appointments.
In addition, in the event of the death of an employee's family member, the employee may take up
to three (3) shifts of paid time off for bereavement. The three shifts do not have to be taken
consecutively. In extreme circumstances, the Police Chief may allow the employee to take
additional time off in the form of sick leave, provided the employee has sick leave available.
15.4 An employee who is absent because of a personal injury or illness or the injury, illness, or death
of a family member must notify the employee's supervisor as soon as possible on the first day of
the absence. An employee who needs to be absent to attend a medical, dental, or optometry
appointment must have the absence approved in advance by the employee's supervisor,
15.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as
provided for in this article.
15.6 If an absence is for more than three (3) consecutive workdays and/or if it is covered by workers'
compensation, the pregnancy disability provisions of the Califomia Fair Employment and
Housing Act, the Califomia Family Rights Act, or the federal Family and Medical Leave Act, the
City may require the employee to provide a medical certificate supporting the need for the
absence.
15.7 Time off to take a physical examination for induction into or recall to active duty with the Armed
Forces will be handled in accordance with applicable state and federal law.
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15.8 An employee making a blood donation without charge will be given reasonable time off for that
purpose. No charge will be made against the employee's sick leave or vacation when the absence
is approved in advance by the employee's supervisor.
15.9 During the first pay period of each fiscal year, any regular employee who has accmed and
maintains a minimum of one hundred sixty (160) hours of sick leave will be permitted to convert
up to one hundred twenty (120) hours of accmed, unused sick leave to vacation at ratio of twenty
four (24) hours of sick leave to eight (8) hours of vacation. However, an employee will not be
permitted to convert sick leave to vacation if the conversion would cause the employee to exceed
the vacation accmal maximum specified in Article 33.
15.10 Any regular employee applying for retirement with the Public Employees' Retirement System
may convert accrued and unused sick leave to service time at the rate specified in Califomia
Govemment Code section 20965.
15.11 Nothing in this Article precludes the City from taking appropriate action in the event of abuse of
sick leave.
ARTICLE 16. ASSOCL\TION RIGHTS
16.1 The City recognizes the right of the CPOA to govem its intemal affairs.
16.2 The parties to this Memorandum fully support the concept of the Public Safety Officers'
Procedural Bill of Rights Act, Sections 3300, et seq., of the Govemment Code.
16.3 Upon the receipt of a written request and authorization from an employee for deduction of CPOA
dues and other lawfully permitted deductions, the City shall withhold such dues and deductions
from the salary of the employee and remit the withholdings to the CPOA. The City shall continue
to withhold such deductions unless the employee files a statement with the City withdrawing
authorization for the continued withholding of the deductions during the month of March of any
year covered by the term of this Memorandum. The effective date of withholding, time of
remitting withholdings to the CPOA, and all procedural matters shall be determined in
accordance with the Rules and Regulations of the City.
16.4 The CPOA shall provide and maintain with the City a current list of the names and all authorized
representatives of the CPOA. An authorized representative shall not enter any work location
without the consent of the Police Chief or his designee or the City Manager or his designee. The
Police Chief or his designee shall have the right to make arrangements for a contact location
removed from the work area of the employee.
16.5 The CPOA shall be allowed to designate employee representatives to assist employees in:
16.5.1 Preparing and processing grievances;
16.5.2 Preparing and presenting material for Disciplinary Appeals hearings;
16.5.3 Preparing and presenting material for any matter for which representation is
granted pursuant to the provisions of Califomia Govemment Code Sections
3300, et seq., known as the Public Safety Officers' Procedure Bill of Rights
Act.
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16.6 The CPOA 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 do so on their own time.
Employee representatives and employees who attend Personnel Board or City Council hearings
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.
16.7 Designated employee representatives shall be allowed reasonable release time from regularly
scheduled duties to attend meetings relative to other matters of employer-employee relations.
16.8 Designated employee representatives requesting time off under this Article shall direct such
request to their immediate supervisors in writing within a reasonable time period to the date
requested, in order to assure that the Department meets its staffing needs and to assure sufficient
coverage of departmental assignments.
16.9 The City will continue to furnish bulletin board space in the Police Department for the exclusive
use of the CPOA. Material placed on the bulletin boards shall be at the discretion ofthe CPOA
and shall be removed by management only in the event the material is obviously offensive to
good taste or defamatory, and shall be removed only on prior notification to a CPOA
representative. The CPOA shall be responsible for maintaining bulletin boards exclusively used
by the CPOA in an orderly condition and shall promptly remove outdated materials.
16.10 Use of City Facilities
16.10.1 The CPOA may, with the prior approval of the City Manager, be granted the
use of the City facilities for off-duty meetings of the Police Department
employees, provided space is available. All such requests will be in writing
to the City Manager.
16.10.2 The CPOA may, with the prior approval of the Police Chief, be granted the
use of Police facilities for off-duty meetings of the Police Department
employees, provided space is available. All such requests will be in writing
to the Police Chief In the event the Police Chief denies use of Police
Department facilities, an appeal can be made to the City Manager.
16.10.3 The use of City equipment other than items normally used in the conduct of
business meetings, such as desks, chairs and blackboards, is strictly
prohibited, the presence of such equipment in approved City facilities
notwithstanding.
ARTICLE 17. OVERTIME
Overtime Pay: Each employee covered by this agreement shall be entitled to overtime
compensation at the premium rate of one and one-half (1-1/2) times the employee's regular rate
of pay for all time worked, or regarded as having been worked because the employee is on an
approved paid leave, in excess of the employee's regularly scheduled work day and/or in excess
of forty (40) hours per work week for non-swom employees or eighty (80) hours per fourteen
(14) day work period for swom employees.
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17.1 Comp. Time Option: Each employee shall have the option (with the exception of "Pay Only
Details") of receiving compensatory time off at the premium rate in lieu of cash, subject to a
maximum accumulation of one hundred (100) hours of compensatory time off. While an
employee has accumulated the maximum number of hours of compensatory time off, he/she shall
receive all overtime compensation in cash until such time as the employee's compensatory time
off bank is no longer at the maximum.
17.2 Comp. Time Exception: Special details where the City is reimbursed for employees'
compensation from an outside entity shall be for pay only. Employees volunteering for such
details are not eligible for compensatory time off in lieu of cash.
ARTICLE 18. CALL BACK
18.1 Description: If an employee is required to retum to his or her place of employment or other work
location directed by the employer at a time that is not part of the employee's regularly scheduled
work shift, that employee shall receive appropriate overtime pay, as described in Article 17, for
the actual number of hours worked, subject to the following:
18.2 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or
firearms qualification, the employee shall receive a minimum of two hours of appropriate
overtime compensation.
18.3 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the employee
shall receive a minimum of four hours of appropriate overtime compensation.
18.4 Report Call Back Minimum: Employees are encouraged to complete reports prior to scheduled
days off A supervisor must determine if the report can be "pended" until the employee retums to
regular scheduled work or if the report needs to be completed prior to that time. The supervisor's
approved "pending completion date" will determine the employee's compensation for completing
a "pended" report prior to the employee's next regularly scheduled duty as follows:
(a) Before Next Duty Day: If an employee "pends" a report needing to be completed before
the employee's next scheduled duty day, the employee shall receive a minimum of two
hours of appropriate overtime compensation for retuming to the station and completing
the report.
(b) Next Duty Day: If an employee "pends" a report not needing to be completed until the
employee's next scheduled duty day and it is later determined by a supervisor the report
needs to be completed before the employee's next scheduled duty day, the employee shall
receive a minimum of four hours of appropriate overtime compensation for retuming to
the station and completing the report.
18.5 Travel Time: Employees who are called back shall receive travel time to and from the call back
assignment. Travel time is included as part of the call back minimum compensation or the call
back overtime if the call back (travel time plus detail time) exceeds the approved minimum
guarantees. The maximum approved travel time is set as follows:
(a) Police Department: If the call back is to the Carlsbad Police Department or other site
within a 20 mile radius of the Carlsbad Police Department, the travel time is capped at a
maximum of one hour.
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/::>
(b) Other Site: If the call back is to a site outside of the 20 mile radius ofthe Carlsbad Police
Department, travel time shall be the actual amount of time required to drive to the call
back site and retum to employee's residence.
18.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to
any site within a 20 mile radius of the Carlsbad Police Department will not be compensated. If an
employee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the
employee will receive mileage reimbursement for expenses to and from the directed site or the
round trip distance between the directed site and the Carlsbad Police Department, whichever is
less.
18.7 Contiguous Time: These minimums shall not apply to situations where the call back is
contiguous with the commencement or end of the employee's regularly scheduled work shift. In
that situation, the employee shall receive applicable overtime compensation for all time actually
worked beyond the regularly scheduled work shift.
ARTICLE 19. SENIORITY
19.1 The seniority of an employee is based on the number of calendar months of continuous service in
the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the
number of calendar months of continuous service in the Carlsbad Police Department in that rank.
An employee promoted to a higher rank and later demoted back to the original rank shall have
seniority calculated for all time of continuous service in the higher rank and the original rank
combined.
19.2 If an employee voluntarily leaves the City's employ or is dismissed for cause, the employee will
lose all seniority credited prior to then. Reemployment will not restore the lost seniority. Instead,
if an employee is reemployed, seniority will be based on the reemployment date.
19.3 An employee laid off after completing probation and acquiring regular status will, after
reinstatement, regain the seniority credit the employee possessed at the time of layoff, provided
the reinstatement occurs within twenty-four (24) months of the layoff
19.4 A leave of absence in excess of thirty (30) continuous days will not count as continuous service
for the purpose of determining seniority.
ARTICLE 20. LEGAL REPRESENTATION
20.1 Upon request of an employee and subject to any legal limitations, the City will provide for the
defense ofthe employee in any civil action or proceeding initiated against the employee by a
person or entity other than the City because of an act or omission occurring within the course and
scope ofthe employee's employment.
20.2 Nothing in this Memorandum requires the City to provide for the defense of an employee where:
(a) the City has the discretion under the Califomia Govemment Code not to provide for a defense;
(b) the act or omission was not within the course and scope of the employee's employment; (c)
the act or omission was the result of the employee's actual fraud, corruption, or malice; or (d)
providing for the defense would create a specific conflict of interest between the City and the
employee within the meaning of Califomia Govemment Code section 995.2.
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20.3 Nothing in this Memorandum is intended to give an employee more rights or privileges than
those contained in the Califomia Govemment Code.
ARTICLE 21. PEACEFUL PERFORMANCE OF CITY SERVICES
21.1 During the term of the Memorandum, the CPOA, its representatives, or members shall not engage
in, cause, instigate, encourage or condone a strike or work stoppage of any kind against the City
of Carlsbad.
21.2 During the term ofthe Memorandum, the City will not instigate a lockout over a dispute with the
employees.
21.3 As used in this section, "strike or work stoppage" means the concerted failure to report for duty,
the willful absence from one's position, the stoppage of work, or the abstinence in whole or in
part from the full, faithful performance of the duties of employment for the purpose of inducing,
influencing or coercing a change in the conditions of compensation, or the rights, privileges or
obligations of employment.
ARTICLE 22. DISCIPLINE OF AN EMPLOYEE
22.1 The City may only discipline regular employees for just cause. In the case of disciplinary action
involving suspension, demotion or discharge, the employee shall be given notice ofthe action to
be taken, the evidence or materials upon which the action is based, and an opportunity to respond
to the Police Chief either orally or in writing, provided the employee requests the opportunity
within seven (7) calendar days of the notice of the action. The above process will occur prior to
the imposition of the discipline.
22.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline
according to the appeal procedure as set out below. Written notice of discipline shall inform and
remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the City will attempt to develop a
permanent list of five (5) mutually acceptable hearing officers. If a mutually acceptable list
cannot be developed, the parties agree that the advisory hearing will be conducted before a
hearing officer selected by the parties from a list provided by the Califomia State Mediation and
Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a
strikeout procedure using a list of seven names provided by the Califomia State Mediation and
Conciliation Service. The appellant will have the prerogative of striking the first name.
The City will bear all administrative costs associated with an appeal of discipline and the
subsequent hearing including the hearing officer, court reporter and transcription costs, if any.
The employee or employee organization will be responsible for the cost of his or her own
representation or attomey fees and preparation of documents.
22.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the
period of time, from one to four years, that the discipline will remain in the affected employee's
personnel records, unless a longer period is required by law. At the end of the designated period
of time, the disciplinary action shall be removed from the employee's personnel file. It is the
responsibility ofthe employee to initiate a request for removal of disciplinary action from the
employee's personnel file. The only permitted use of the removed disciplinary action shall be in
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a later disciplinary proceeding where there is an allegation of similar or cumulative activity or
misconduct.
22.4 Nothing in this Memorandum shall be construed to require "cause" or "just cause" for the
rejection of a probationary employee prior to the expiration of the probationary period. A
probationary employee rejected during the probationary period shall not be entitled to appeal such
rejection to the Hearing Officer, but shall be entitled to an opportunity to discuss the rejection
with the Police Chief
22.5 Right of Appeal. Any regular employee shall, within seven (7) calendar days, have the right to
appeal to the Hearing Officer any disciplinary action, interpretation or alleged violation of the
Personnel Ordinance or Personnel Rules, except in instances where the right of appeal is
specifically prohibited by the Personnel Ordinance or Personnel Rules, or this Article.
22.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the
Human Resources Director, who shall, within ten (10) calendar days after receipt of the appeal,
inform the Hearing Officer of the action desired by the appellant and the reasons why. The
formality of a legal pleading is not required.
22.7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the
hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days
from the date of filing, unless the parties mutually agree to a later hearing date. The Human
Resources Director shall notify all interested parties of the date, time, and place of the hearing.
22.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the
Hearing Officer at the time and place of the hearing. The appellant may be represented at the
hearing by any person or attomey the appellant selects and may produce any relevant oral or
documentary evidence. The City shall bear the burden of proof; therefore, the City shall state its
case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not
repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of
witnesses shall be permitted. The conduct and decomm of the hearing shall be under the control
of the Hearing Officer, with due regard to the rights and privileges of the parties appearing before
it. Hearings need not be conducted according to technical rules relating to evidence and
witnesses. Hearings will be closed unless at least four (4) business days prior to the hearing the
appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing
officer will make a recommendation. If either party disagrees with the Hearing Officer's
recommendation, that party may request, within ten (10) calendar days, to present their case to the
City Council before the City Council renders a final decision.
22.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the
conclusion of the hearing, certify his/her findings and decisions in writing to the City Council and
to the appellant. The City Council shall review the findings and recommendations of the Hearing
Officer and may then affirm, revoke or modify the action taken as, on its judgment, seems
warranted, and the action taken shall be final. The Hearing Officer may submit a minority or
supplemental finding and recommendation. In the case of suspension, discharge or demotion, the
appointing power shall reinstate an employee to the employee's former status if the City Council
determines that the action was for discriminatory reasons.
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ARTICLE 23. PROBATIONARY PERIOD
23.1 For swom personnel, the initial hire probationary period shall be one year from the date the
employee is swom as an officer. For non-swom personnel, the initial hire probationary period
shall be one year from the date of hire. The probationary period will permit both the supervisor
and the employee to become acquainted and to determine the adaptability and the fitness of the
employee to the assigned work. The employee will find this period helpful in evaluation of the
City, his/her duties, his/her work and other satisfaction.
23.2 Any continuous work time in excess of 80 hours missed by a probationary newly hired employee
shall not apply to the employee's probationary period. The probationary period and salary
anniversary date shall be extended by the time missed.
23.3 All personnel promoted within the Department shall be on probation in the promotional position
for a period of one year from the date of promotion.
ARTICLE 24. RETIREMENT BENEFITS
24.1 The City has contracted with CalPERS for the following retirement benefits:
• Safety Tier 1 (employees entering safety membership for the first time prior to October 4,
2010) - The retirement formula shall be 3% @ 50; single highest year final compensation.
• Safety Tier 2 (employees entering safety membership for the first time on or after October 4,
2010) - The retirement formula shall be 2% @ 50; three year average final compensation.
• Miscellaneous Tier 1 (employees entering miscellaneous membership for the first time prior
to November 28, 2011) - The retirement formula shall be 3% @ 60; single highest year final
compensation.
• Miscellaneous Tier 2 (employees entering miscellaneous membership for the first time on or
after November 28, 2011) - The retirement formula shall be 2% @ 60; three year average
final compensation.
Employees who are "New Members" as defined by the Califomia Public Employees' Pension
Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a
CalPERS member or member of a reciprocal system or who has had a break in CalPERS service
of at least 6 months or more) will constitute a third tier and be subject to all the applicable
PEPRA provisions, which include but are not limited to the following retirement benefits:
• Safety Tier 3 - The retirement formula shall be 2.7% @ 57; three year average final
compensation.
• Miscellaneous Tier 3 - The retirement formula shall be 2% @ 62; three year average final
compensation.
24.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Intemal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
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Tier 1 and Tier 2 safety employees shall pay all of the employee retirement contribution
(9%).
Tier 3 safety employees shall pay one half of the normal cost rate associated with the
safety 3"^*" tier.
Tier 1 miscellaneous employees shall pay all of the employee retirement contribution
Tier 2 miscellaneous employees shall pay all of the employee retirement contribution
(7%).
Tier 3 miscellaneous employees shall pay one half of the normal cost rate associated with
the miscellaneous 3"^** tier.
24.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the City will
report the value of the EPMC as additional (special) compensation to CalPERS for all CPOA represented
employees designated as "classic CalPERS members."
ARTICLE 25 FLEXIBLE BENEFITS PROGRAM
25.1 Employees represented by the CPOA will participate in a flexible benefits program that includes
medical insurance, dental insurance, vision insurance, flexible spending accounts (FSAs) and
other insurance-related products offered through the CPOA. Each of these components is
outlined below.
25.2 Medical Insurance: During the entire term of this agreement, represented employees will be
covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and will be
eligible to participate in the CalPERS Health Program. The City will pay on behalf of all
employees covered by this agreement and their eligible dependents and those retirees designated
in Section 25.5 of this Article, the minimum amount per month required under Govemment Code
Section 22892 of the PEMHCA for medical insurance through the Califomia Public Employees'
Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must
select one medical plan from the variety of medical plans offered.
Effective the pay period that includes March 1, 2013, the City shall contribute the following
monthly amounts (called "Benefits Credits") on behalf of each active employee and eligible
dependents toward the payment of 1) medical premiums under the CalPERS Health Program, 2)
contributions in the name of the employee to the City's flexible spending account(s), or 3)
contributions of some or all of the premium for dental or vision coverage.
(a) For employees with "employee only" coverage, the City shall contribute seven hundred
and one dollars ($701) per month that shall include the mandatory payments to CalPERS.
If the actual total premiums exceed the City's total contributions, the employee will pay
the difference.
(b) For employees with "employee plus one dependenf coverage, the City shall contribute
nine hundred seventy-five ($975) per month (increased from $930 per month) that shall
include the mandatory payments to CalPERS. If the actual total premiums exceed the
City's total contributions, the employee will pay the difference.
(c) For employees with "employee plus two or more dependents" coverage, the City shall
contribute one thousand one hundred eighty-six ($1,186) per month (increased from
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$1,132 per month) that shall include the mandatory payments to CalPERS. If the actual
total premiums exceed the City's total contributions, the employee will pay the
difference.
The retroactive portion of this increase will be paid to the employee in cash and reported as
taxable income. In addition, for the remainder of the 2013 calendar year, the increase in benefit
credits outlined in this section will be paid to the employee in cash and reported as taxable
income.
The dollar amount paid by the City for the coverage levels employee plus one dependent and
employee plus two or more dependents may be increased in the first payroll period of calendar
year 2014. The amount of the increase, if any, will be determined by 1) taking the average
percentage increase for all of the CalPERS HMO Health plans for January 1'*, 2014 and 2) adding
half of this percentage increase to the previous calendar year's monthly City contribution for each
coverage level (rounded to the nearest whole dollar amount) to determine the new monthly City
contribution dollar amount.
Beginning the first full pay period following City Council approval of this Memorandum,
prospectively only, unused Benefits Credits as outlined above will be paid to the employee in
cash and reported as taxable income. If the amount contributed by the City (Benefits Credits)
exceeds the cost ofthe medical insurance purchased by the employee, the employee will have the
option of using any "excess credits" to purchase dental insurance, vision insurance, or to
contribute to a healthcare or dependent care flexible spending account (FSA). As of January 1,
2014, the employee will also have the opportunity to use any "excess credits" to purchase
accidental death and dismemberment (AD&D) insurance.
25.3 Dental Insurance
Represented employees are eligible to enroll in a CPOA-sponsored dental plan that will terminate
effective December 31, 2013. During the open enrollment period in 2013, CPOA employees may
choose to enroll in or opt out of the city-sponsored dental insurance plan at any coverage level to
be effective January 1, 2014.
25.4 Vision Insurance
Represented employees are eligible to enroll in a CPOA-sponsored vision insurance plan that will
terminate effective December 31, 2013. During the open enrollment period in 2013, CPOA
employees may choose to enroll in or opt out of the city-sponsored vision insurance plan at any
coverage level to be effective January 1, 2014.
25. 5 Each retired employee who was a member of this bargaining unit is covered by the Public
Employees' Medical and Hospital Care Act and is eligible to participate in the Califomia Public
Employees' Retirement System (CalPERS) Health Program. Represented employees who retire
from the City, either service or disability, shall be eligible to continue their enrollment in the
CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to
enroll in a CalPERS medical plan at the time of separation from employment and their effective
date of retirement is within 120 days of separation. The City will contribute the minimum
amount per month required under Govemment Code Section 22892 of the PEMHCA toward the
cost of each retiree's enrollment in the CalPERS Health Program. Direct authorization may be
established for automatic deduction of payments for health insurance administered by CalPERS.
Employees who retire from the City, either service or disability, shall be eligible to continue to
participate in the City's dental and/or vision insurance programs. The cost of such dental and/or
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vision insurance for the retiree and eligible dependents shall be home solely by the retiree. The
City shall not charge the COBRA administrative cost to the retirees. A retiree who does not
choose continued coverage upon retirement, or drops coverage, is only eligible to retum to the
City's dental and vision insurance program during open enrollment periods.
The City will invoice the retiree for his/her monthly premiums for dental and/or vision insurance
and the retiree must keep such payments current to ensure continued coverage.
25.6 Opt Out Provision
Effective the first full pay period after ratification of this MOU (prospectively only) CPOA
represented employees who do not wish to participate in the CalPERS Health Program will have
the choice of opting out of the City's medical insurance program, provided they can show that
they are covered under another insurance program.
Employees who elect the opt-out provision will be given a reduced City contribution amount
(Benefits Credits) of two hundred fifty ($250) per month to be used toward the purchase of dental
insurance, vision insurance, or as a contribution to a flexible spending account. As of January 1,
2014, the employee will also have the option of using any "excess credits" to purchase accidental
death and dismemberment (AD&D) insurance. The City contribution amount of two hundred
filfy ($250) per month will be granted to any employee who elects to opt out of the CalPERS
Health Program, regardless of the employee's level of coverage (employee only, employee plus
one dependent, employee plus two or more dependents).
Beginning the first full pay period following City Council approval of this Memorandum,
prospective only, unused Benefits Credits will be paid to the employee in cash and reported as
taxable income.
The dollar amount paid by the City for employees who elect the opt-out provision may be
increased in the first pay period of calendar year 2014. The amount of the increase, if any, will be
determined by 1) taking the average percentage increase for all of the CalPERS HMO health
plans for January 1 st for the year in question and 2) adding half of this percentage increase to the
previous calendar year's monthly City contribution for each coverage level (rounded to the
nearest whole dollar amount) to determine the new monthly City contribution dollar amount.
ARTICLE 26. UNIFORM REIMBURSEMENT
Effective the first full pay period following City Council approval of this agreement, reimbursement to
represented employees for the cost of purchasing and maintenance of required uniforms shall be $26.92
per pay period. Under PEPRA, this benefit does not apply to new members (i.e., is not reported to
CalPERS as special compensation for new members).
ARTICLE 27. EDUCATIONAL INCENTTVE
27.1 Educational Incentive Compensation.
Step 1: Applicable to all employees in the bargaining unit represented by the CPOA.
(a) Requirement: Present proof to the Professional Standards Division Sergeant, Carlsbad
Police Department, of the following:
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Evidence of the award of an Intermediate certificate issued by the State of Califomia
Commission on Peace Officer Standards and Training, or evidence of a Baccalaureate
degree and at least two (2) years experience with a police agency, or evidence of an
Associate degree and at least four (4) years experience with a police agency. The work
experience shall be within the same job description as the employee's current work
assignment, (i.e. peace officer, communicator, community service officer).
(b) Compensation: Satisfactory fulfillment of the above requirements shall be compensated
at the rate of ninety dollars ($90) biweekly. Eligibility for receiving the compensation
will be based upon the date the employee provides evidence of eligibility to the
Professional Standards Division Sergeant. It is the sole responsibility of the employee to
make notification of eligibility for the education incentive pay.
Step 2: Applicable to all employees in the bargaining unit represented by the CPOA.
(a) Requirement: Present proof to the Professional Standards Division Sergeant, Carlsbad
Police Department, of the following:
Evidence of the award of an Advanced certificate issued by the State of Califomia
Commission on Peace Officer Standards and Training, or evidence of a Masters degree
and at least four (4) years experience with a police agency, or evidence of a
Baccalaureate degree and at least six (6) years experience with a police agency, or
evidence of an Associate degree and at least nine (9) years experience with a police
agency. The work experience shall be within the same job description as the employee's
current work assignment, (i.e. peace officer, communicator, community service officer).
(b) Compensation: Satisfactory fulfillment of the above requirements shall be compensated
at the rate of one hundred fiffy-six dollars ($156) biweekly. Eligibility for receiving the
compensation will be based upon the date the employee provides evidence of eligibility
to the Professional Standards Division Sergeant. It is the sole responsibility of the
employee to make notification of eligibility for the education incentive pay.
27.2 Effective beginning the first payroll period in calendar year 2012, the following shall replace the
provisions of Section 27.1, above:
Step 1:
(a) A swom employee or employee in the communications series of classifications that
presents evidence of the award of a Basic certificate issued by the State of Califomia
Commission on Peace Officer Standards and Training shall be compensated at the rate of
sixty-two dollars ($62) biweekly. Eligibility for receiving the compensation will be
based upon the date the employee provides evidence of eligibility to the Professional
Standards Division Sergeant. It is the sole responsibility of the employee to make
notification of eligibility for the education incentive pay.
(b) Other non-swom employees, upon successful completion of the required probationary
period, a minimum of one-year of service with the City of Carlsbad and possession of a
high school diploma or GED, shall be compensated at the rate of sixty-two dollars ($62)
biweekly. It is the sole responsibility of the employee to make notification of eligibility
for the education incentive pay.
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Step 2: Applicable to all employees in the bargaining unit represented by the CPOA.
(a) Requirement: Present proof to the Professional Standards Division Sergeant, Carlsbad
Police Department, of the following:
Evidence of the award of an Intermediate certificate issued by the State of Califomia
Commission on Peace Officer Standards and Training, or evidence of a Baccalaureate
degree and at least two (2) years experience with a police agency, or evidence of an
Associate degree and at least four (4) years experience with a police agency. The work
experience shall be within the same job description as the employee's current work
assignment, (i.e. peace officer, communicator, community service officer).
(b) Compensation: Satisfactory fulfillment of the above requirements shall be compensated
at the rate of one hundred fifty-two dollars ($152) biweekly. Eligibility for receiving the
compensation will be based upon the date the employee provides evidence of eligibility
to the Professional Standards Division Sergeant. It is the sole responsibility of the
employee to make notification of eligibility for the education incentive pay.
Step 3: Applicable to all employees in the bargaining unit represented by the CPOA.
(a) Requirement: Present proof to the Professional Standards Division Sergeant, Carlsbad
Police Department, of the following:
Evidence of the award of an Advanced certificate issued by the State of Califomia
Commission on Peace Officer Standards and Training, or evidence of a Masters degree
and at least four (4) years experience with a police agency, or evidence of a
Baccalaureate degree and at least six (6) years experience with a police agency, or
evidence of an Associate degree and at least nine (9) years experience with a police
agency. The work experience shall be within the same job description as the employee's
current work assignment, (i.e. peace officer, communicator, community service officer).
(c) Compensation: Satisfactory fulfillment of the above requirements shall be compensated
at the rate of two hundred eighteen dollars ($218) biweekly. Eligibility for receiving the
compensation will be based upon the date the employee provides evidence of eligibility
to the Professional Standards Division Sergeant. It is the sole responsibility of the
employee to make notification of eligibility for the education incentive pay.
27.3 An employee that meets the criteria for compensation under more than one step, above, shall
receive compensation for only the highest such step for which he or she qualifies.
ARTICLE 28. FIELD TRAINING OFFICER
Field training officers or civilian personnel who are assigned to train co-workers shall be compensated at
the rate of $20 for each work shift the employee is engaged in the training function. The selection of field
training officers or civilian personnel who are assigned to train co-workers shall be at the sole discretion
of the Police Chief
ARTICLE 29. VEHICLES FOR INVESTIGATIONS
Each represented employee who is working in the assignment of detective shall be assigned a designated
vehicle and shall be entitled to use the vehicle on each duty shift; provided, however, such assignment of
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a designated vehicle is expressly conditioned on the availability of vehicles and does not extend to any
detectives assigned in addition to the number assigned as of the date of this Memorandum.
ARTICLE 30. LONG TERM DISABILITY
During the term of this Memorandum, City agrees to continue to provide long term disability insurance.
The insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other
respects, the insurance shall continue unchanged.
ARTICLE 31. LEAVE OF ABSENCE
31.1 Occupational Injuries or Illnesses
31.1.1 A swom employee who is temporarily unable to work due to an occupational
illness or injury will receive full pay for up to one year as provided in Section
4850 of the Labor Code ("4850 benefits"). The employee may not receive 4850
benefits concurrently with sick leave or any other form of paid time off
If the employee continues to be unable to work after the employee's 4850
benefits have been exhausted and the employee has not been retired, the
employee will receive workers' compensation temporary disability payments (or,
if appropriate, vocational rehabilitation maintenance allowance payments) as
provided in the Labor Code. To the extent these benefits are less than the
employee's full regular pay, the employee shall supplement them by using
accmed sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's fiill regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
31.1.2 A non-swom employee who is temporarily unable to work due to an occupational
illness or injury will receive full pay for the first ninety (90) calendar days. If the
employee continues to be temporarily unable to work after ninety (90) calendar
days, the employee will receive workers' compensation temporary disability
payments (or, if appropriate, vocational rehabilitation maintenance allowance
payments) as provided in the Labor Code. To the extent that these benefits are
less than the employee's full regular pay, the employee shall supplement them by
using accmed sick leave, vacation, and/or compensatory time to reach the
amount equal to the employee's full regular pay until the employee's leave
balances reach zero, at which time the. employee would commence an unpaid
leave of absence.
31.2 Non-Occupational Injuries or Illnesses
31.2.1 An employee who is temporarily unable to work due to a non-occupational
illness or injury will receive those disability benefit payments for which the
employee is eligible and applies. To the extent that these benefits are less than
the employee's full regular pay, the employee shall supplement them by using
accmed sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
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"St:.
31.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same
manner as leaves of absence for non-occupational illnesses or injuries, subject to
the pregnancy disability provisions of the Califomia Fair Employment and
Housing Act.
31.3 Once an employee has been on an unpaid leave of absence for two full pay periods, the employee
will cease accming sick leave and vacation. In addition, the employee's vacation anniversary
date and salary anniversary date will be extended for each calendar day the leave of absence
extends beyond the first two full pay periods. Accmals of sick leave and vacation will resume on
the first day of the first full pay period after the employee has retumed to work.
31.4 To the extent permitted by law, a leave of absence under this article will run concurrently with
any leave of absence an employee is entitled to receive under the Califomia Family Rights Act or
the federal Family and Medical Leave Act.
ARTICLE 32. DISABILITY RETIREMENT
An employee's eligibility for disability retirement will be determined in accordance with the standards
and procedures contained in Califomia Govemment Code sections 20000 et seq.
ARTICLE 33. VACATION
Vacation leave can be used in 15 minute increments.
33.1 Upon ratification of this MOU, all eligible CPOA-represented employees shall be entitled to
accme vacation on a daily basis according to the number of continuous full years of employment
based on the following vacation accmal schedule:
Beginning with the first (1st) working day through the completion of five (5) full calendar
years of continuous service - 13 minutes/day
Beginning the sixth (6^*^) year of continuous employment through the completion of ten (10)
full calendar years of continuous service - 20 minutes/day
Beginning the eleventh (11*) year of continuous employment through the completion of
eleven (11) full calendar years of continuous service - 21 minutes/day
Beginning the twelfth (12*) year of continuous employment through the completion of
twelve (12) full calendar years of continuous service -22 minutes/day
Beginning the thirteenth (13*) year of continuous employment through the completion of
thirteen (13) full calendar years of continuous service -24 minutes/day
Beginning the fourteenth (14*) year of continuous employment through the completion of
fifteen (15) full calendar years of continuous service - 25 minutes/day
Beginning the sixteenth (16*) year of continuous employment, vacation time shall be
accmed, and remain at a rate of 26 minutes/day for every full calendar year of continuous
employment thereafter.
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Employees will not be entitled to take vacation until they have been employed with the City
for six (6) full months.
33.2 Vacation Accrual Maximum
No employee will be allowed to accrue vacation hours in excess of the three hundred and twenty
(320) hour maximum.
The Police Chief will encourage the taking of accmed vacation leave. Although employees are
responsible for actively managing their leave balances, the Police Chief will not unreasonably
deny requests for vacation time off If there are unusual circumstances that would require an
employee to exceed the vacation accmal maximum, he/she must submit a request in writing to the
Police Chief and the City Manager. The Police Chief and the City Manager may grant such a
request if it is in the best interest of the City. Requests will be handled on a case-by-case basis
and will be considered only in extreme circumstances.
33.3 Vacation Conversion
Once each January, employees will be allowed to voluntarily convert up to one hundred sixty
(160) hours of accmed vacation to cash, provided they have used at least eighty (80) hours of
vacation during the pay periods that fall within the prior calendar year.
33.4 Compensation for City Work During Vacation
Occasionally employees on vacation leave are needed for work assignments. Employees
retuming to work during vacation leave will be compensated as follows:
(a) Court - -Mandated court appearances during the time of an employee's paid vacation leave
from City service will be compensated at time and one half the employee's regular rate of
pay, with a minimum of four (4) hours.
(b) Duty Time - Employees retuming to their regularly scheduled work time while on vacation
leave shall be paid their applicable regular rate of pay and not be charged the corresponding
vacation time.
(c) Non-Duty Time - Employees retuming to work at a time other than their regularly
scheduled work time while on vacation leave shall be paid at time and one half the
employee's regular rate of pay.
(d) Recall - This clause shall not limit the City's right to recall an employee from vacation in
the event of an emergency.
33.5 Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent upon
determination by the Police Chief 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 forty-eight (48) hours notice in advance of the day(s) he/she
is requesting vacation time off. When a family emergency arises which necessitates the use of
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vacation time, an employee shall provide as much advance notice as possible considering the
particular circumstances.
33.6 Terminal Vacation Pay
An employee with regular status separating from the City service who has accmed vacation leave
shall be entitled to terminal pay in lieu of such vacation. No leave credit will be eamed 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 34. HOLIDAYS
34.1 The City agrees to observe twelve (12) scheduled paid holidays plus one (1) paid floating holiday
per year. Any floating holiday is to be taken at the discretion of the employee with the prior
approval ofthe employee's immediate supervisor. The holiday schedule shall not interfere with,
influence, or otherwise change the scheduling of shift employees by the department.
Effective 7/1/2014, the floating holiday will be eliminated.
34.2 The holiday schedule for the term of this agreement is as follows:
New Year's Day
Martin Luther King's Birthday
Lincoln's Birthday (Monday before President's Day)
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
One (1) Floating Holiday (eliminated on 7/1/2014)
34.3 Employees who work a 5/8 schedule will be paid eight (8) hours of straight time for each holiday.
Employees who work a 9/80 schedule will be paid nine (9) hours of straight time for each
holiday. Employees who work a 4/10 schedule will be paid ten (10) hours of straight time for
each holiday. Employees who work a 3/12 schedule will be paid twelve (12) hours of straight
time for each holiday.
34.4 Employees will be compensated in cash or compensatory time off (CTO) for holidays in the pay
period in which they occur. Employees scheduled to work on a holiday who desire the day off
will utilize vacation or CTO.
For purposes of this section, a shift trade will be considered part of an employee's regularly
scheduled work shift.
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ARTICLE 35. SALARY/ANNTVERSARY DATE ON PROMOTION
35.1 Any Police Officer or Police Corporal promoted to the rank of Police Sergeant will be
compensated at a minimum of five percent (5%) above the top step of Corporal.
35.2 Any Communications Operator I or II promoted to the position of Communications Supervisor
will have their compensation adjusted a minimum of five percent (5%) above the top step of
Communications Operator II.
35.3 A police employee serving in Salary Step E will be eligible upon promotion for subsequent salary
step increases in a higher range on the annual anniversary of the date of promotion. When a
police employee is promoted from Step A, B, C, or D, that employee will retain the anniversary
date that was in effect in the salary range from which the employee was promoted.
ARTICLE 36. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy ofthe 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 Dmg 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). Testing shall be conducted in a manner to ensure a high degree of
accuracy and reliability using techniques, equipment, and laboratory facilities, which have been
approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and
the Department of Health and Human Services (DHHS). Collection, chain of custody, and testing
procedures shall be conducted in accordance with FTA/DOT regulations, 49 C.F.R. Parts 40 and
655. This policy will be interpreted consistent with the provisions of the Public Safety Officers
Procedural Bill of Rights (Govemment Code Section 3300 et seq.). This policy is intended to
accomplish that objective.
A. Definitions - As Used in This Policy:
1. "Dmg" means any substance which produces a physical, mental, emotional or
behavioral change in the user, including but not limited to, prescription medications,
heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates,
amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids.
2. "Workplace" means any site where City-assigned work is performed, including City
premises. City vehicles or other premises or vehicles, while City-assigned work is
being conducted, or within a reasonable time thereafter.
3. "Reasonable suspicion" means a standard for evidence or other indication of
impairment of normal physical or mental skills by alcohol or dmgs where such
impairment could negatively affect work performance or could pose a threat to
public or employee safety.
4. "Medical Review Officer (MRO)" is responsible for receiving laboratory confirmed
urine dmg test results; determining whether there is a legitimate medical explanation
for a laboratory-confirmed positive, adulterated, or substituted result; and reviewing
and reporting a verified result to the employer in a timely and confidential manner.
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"CCF" refers to the federal drug testing Custody and Control Form. This form will
be completed for all urine specimen collections and requires the employee's
signature each time a specimen is collected.
"Urine Collector" is responsible for collecting urine specimens using 49 C.F.R. Part
40 procedures; shipping the specimens to certified laboratories for analysis; and
distributing copies of the CCF to the laboratory, MRO, employer, and employee in a
timely and confidential manner.
"Breath Alcohol Technician (BAT)" is responsible for conducting alcohol screening
and confirmation tests by collecting and analyzing breath specimens using an
approved screening device and an evidential breath testing (EBT) device;
documenting the results of the test; and transmitting the results to the employer in a
timely and confidential manner.
Third Party Administrator: A service agent who coordinates a variety of drug and
alcohol testing services for employers. These services can include random
selections; and coordinating urine collections, laboratory testing, MRO services,
alcohol testing, and SAP evaluations. The TPA is responsible for ensuring that its
service agents are qualified.
B. Employee Responsibilities
1. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution, dispensation,
possession or use of alcohol or drugs nor be under the influence of
alcohol or dmgs in the workplace or while on-call;
b. submit to an alcohol and dmg analysis and remain on the premises
when requested to do so by City management, acting pursuant to this
policy, or by law enforcement personnel;
c. notify the City of any conviction under a criminal drug statute
(including any pleas of nolo contendere), if such conviction was based
on a violation which occurred in the workplace, no later than five days
after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are required to notify their supervisors when taking any medication or
drugs, prescription or non-prescription (over-the-counter medications), which
interfere with safe or effective performance of their duties or operation of City
equipment.
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3. Off-duty involvement with any controlled substance including, but not limited to
manufacture, distribution, dispensing, possession, use or any conviction under a
criminal dmg statute whose scope and employment are 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.
C. Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for disciplinary
action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by this
policy may also be directed or allowed to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program.
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Dmg and Alcohol Analysis
1. Upon receiving a conditional offer of employment, an otherwise successful
candidate must submit to a dmg and alcohol analysis. At the City's
discretion, this analysis may be in the form of "breathalizer," urine, or blood
analysis.
2. Persons whose results are positive for either dmgs or alcohol will be rejected
for City employment.
B. Employee Drug and Alcohol Analysis
1. If a manager or supervisor of the City has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the workplace or
subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a dmg and alcohol analysis. At the City's
discretion, this analysis may be in the form of "breathalizer," urine, or
blood analysis.
c. An employee may also be required to remain on the premises for a
reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of "reasonable suspicion" as defined in Section l.A.3.
include, but are not limited to, the following, when confirmed by more than
one person having supervisory authority:
a. slurred speech.
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b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or disability;
d. an accident involving City property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are dismptive, non-responsive,
unusual for that employee or otherwise inappropriate to the workplace
situation;
f attributable possession of alcohol or drugs;
g. information obtained from a reliable person with personal knowledge
that would lead a reasonably pmdent supervisor to believe that an
employee is under the influence of alcohol or dmgs.
3. Refusal to remain on the premises or to submit to a dmg 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.
4. A dmg and alcohol analysis may test for the presence of any dmg which
could impair an employee's ability to effectively and safely perform the
functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in disciplinary
action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug test
sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed necessary by
the City.
Random Selection Testing
All swom employees in the Vice Narcotics Unit of the Carlsbad Police
Department, with the classifications of Police Officer, Police Corporal, and
Police Sergeant shall be subject to random substance abuse tests throughout the
fiscal year. The ongoing testing will be conducted on an unannounced basis.
Employees will have an equal chance of being selected and tested in each
selection period. The names of all eligible employees will be placed in a pool,
with the selection of employees made by a scientifically valid method via the
Third Party Administrator of the program. Once an employee's name is pulled
for testing, his or her name will be retumed to the pool.
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Random testing will be performed as follows:
• Dmgs - Fifty percent (50%) of the total number of covered employees
shall be tested annually.
• Alcohol - Twenty five percent (25%) of the total number of covered
employees shall be tested annually.
1. Employee Notices
When an employee has been randomly selected, the employee will be discreetly
notified of his or her test in a Testing Notice. The supervisor will document the
date and time the Testing Notice is delivered and then the employee will be
required to sign the Testing Notice, which also acknowledges that the employee
being tested has been advised of the dmg and alcohol testing policy.
Additionally, the employee will be asked by the Urine Collector or BAT to
complete the necessary form(s), either the CCF or ATF or both, for the test(s) to
be conducted and analyzed.
2. Testing for Prohibited Dmgs
A Urine Collector will collect a urine specimen to be analyzed by a certified
laboratory for the presence of dmgs prohibited under this policy. An employee
must void 45 mL of urine all at once for an accurate collection. At the collection
site, the Urine Collector will divide the specimen into two samples: 30 mL of
which will be labeled as the primary sample (Bottle A) and 15 mL labeled as the
split sample (Bottle B). The urine samples will be sent under seal, with required
custody and control forms, to a laboratory approved by SAMHSA. An initial
dmg screen will be conducted on each primary sample. If the initial dmg screen
does not yield a negative test result, a confirmatory Gas Chromatography/Mass
Spectrometry (GC/MS) test will be performed. The test will be considered
positive if the amounts present are above the minimum thresholds established in
DOT regulations, as amended. If the result of the primary sample is not negative,
the split sample as well as the primary sample will be retained in frozen storage
for at least 1 year from the date the laboratory receives it.
3. Medical Review Officer
All drug test results shall be interpreted and evaluated by a qualified MRO, who
shall meet the requirements set forth in DOT regulations. The MRO shall not
convey test results to the City until the MRO has determined that the test resuh
was positive or negative, or should be cancelled. When the MRO reports the
result of the verified positive test, the MRO may disclose the dmg(s) for which
there was a positive result. The MRO may only reveal the levels of a positive
dmg test result to the City of Carlsbad, the employee, or the decision maker in a
lawsuit, grievance or other proceeding initiated by the employee and arising from
a verified positive result, or as otherwise required by law.
If the MRO declares a dmg test to be invalid for any reason, the test is considered
canceled, and neither positive nor negative. However, a re-collection under
direct observation may be ordered by the MRO.
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4. Split Specimen Testing
Any employee who questions the results of his/her required dmg test under this
policy may, within 72 hours of having been notified of a verified positive test by
the MRO, request that an additional test be conducted on the split sample (Bottle
B) of the original specimen that was voided. This test will be conducted at a
different DHHS certified laboratory, selected by the employee. The test must be
conducted on the split sample that was provided at the same time as the original
sample. If Bottle B also tests positive, then the employee may be subject to
disciplinary sanctions, up to and including termination. If the testing of Bottle B
produces a negative result, or for any reason Bottle B is not available, the test is
considered cancelled and no sanctions are imposed. However, a re-collection
under direct observation may be ordered at the MRO's sole discretion. The
employee shall bear the responsibility of paying for the testing of the split
specimen (Bottle B).
5. Alcohol Testing
Alcohol tests will be performed by a certified BAT. If the initial test on an
employee using an approved EBT indicates a breath alcohol concentration (BAC)
of 0.02 or greater, a second test will be performed no sooner than 15 minutes but
no later than 30 minutes from the first attempt to confirm the results of the initial
test. Employees whose confirmatory test results indicate a BAC of 0.04 or
greater may be subject to discipline, up to and including termination.
6. Refusal to Test
An employee that refuses to submit to dmg or alcohol testing required by the
City shall be prohibited from performing or continuing to perform public safety
functions and shall be assigned to a light duty assignment or placed on paid
administrative leave at the City's discretion. An employee's refusal to submit to
drug or alcohol testing required by the City for any reason shall be considered an
act of insubordination and may also result in disciplinary action, up to and
including termination. Refusal to test shall include the following:
a. Failure to appear for any test within a reasonable time, as determined by
the employer, consistent with applicable DOT regulations, after being
directed to do so by the employer;
b. Failure to remain at the testing site until the testing process is complete;
c. Failure to provide a urine specimen for any dmg test required;
d. In the case of a directly observed or monitored collection in a dmg test,
failure to permit the observation or monitoring of provision of a
specimen;
e. Failure to provide a sufficient amount of urine when directed, and it has
been determined, through a medical evaluation, that there was not
adequate medical explanation for the failure;
f Failure or decline to take an additional dmg test the employer or
collector has directed you to take;
g. Failure to undergo a medical examination or evaluation, as directed by
the MRO;
h. Failure to cooperate with any part of the testing process;
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1,
i. For an observed collection, failure to follow the observer's instmctions;
j. Possession or wearing of a prosthetic or other device that could be used
to interfere with the collection process; or
k. Admit to the collector or MRO that you adulterated or substituted the
specimen.
The above refusals to test shall incorporate any future amendments to DOT
Regulation 49 CFR Part 40 Section 40.191.
7. Follow-up
Covered employees who test positive may be referred to a Substance Abuse
Professional (SAP) for assessment. Any covered employee identified by the
Substance Abuse Professional as needing assistance and who is not being
terminated, will be subject to follow-up testing upon retuming to duty. After the
SAP has notified the City the employee has completed the SAP's requirements,
which may include treatment and/or education, an eligible employee may retum
to work. However, the employee shall not perform public safety functions until
the City has obtained negative dmg test results from the MRO. This test is
referred to as the "Retum to Duty" test in the DOT regulations. Both Retum to
Duty and Follow-Up Tests shall be under direct observation.
The Follow-Up Tests shall appear in a testing plan. The testing plan will be
developed by the SAP and will include the number of tests required over a
specified duration. The City has no discretion to alter the SAP's testing plan and
the employee shall not have the right to obtain a copy of the testing plan. A
minimum of six unannounced tests will be performed over the twelve month
period following the employee's retum to duty. Follow-up testing may be
performed for up to 60 months following retum-to-duty. Such testing shall be
separate from participation in the random testing selection procedures. Follow-
up testing may include tests for other substances beyond the employee's initial
positive test of drug and/or alcohol use when the SAP has reason to believe that
additional testing is warranted. If an employee is referred to a substance abuse
program, payment for the program is the responsibility of the employee.
III. EMPLOYEE ASSISTANCE PROGRAM
A. The City has a well established voluntary Employee Assistance Program (EAP)
to 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 dmg problem
can call the EAP office and arrange for an appointment with a counselor.
B. Employees who are concemed about their alcohol or dmg use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-referral
contacts are held in confidence by the EAP.
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation of any
City policy.
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ARTICLE 37. EMPLOYER SEARCHES
For the purpose of enforcing City or Department policies, directives, and work mles, 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, without limitation. City vehicles, desks,
lockers, file cabinets, and bookshelves. These areas and property remain part of the workplace context
even if the employee has placed personal items in them. Employees are cautioned against storing
personal belongings in work areas and property under full or joint City control since such work areas may
be subject to investigation or search under this article.
Employer searches may occur when there is a reasonable suspicion that the employee has violated a City
or Department policy, directive, or work mle and that the area or property to be searched may contain
evidence of that violation. Searches will be conducted by persons having supervisory and/or other legal
authority to conduct them. Searches will not normally occur without the concurrence of more than one
supervisor.
If the Public Safety Officers Procedural Bill of Rights Acts (Govemment Code sections 3300 et seq.) is
applicable to a particular search, then the City will comply with the Act notwithstanding anything to the
contrary in this article.
Nothing in this article will prevent the City from taking appropriate action if there is inadvertent
discovery of evidence of a policy, directive, or work mle violation.
ARTICLE 38. FLEXIBLE JOB SHARING
Employees may, with the express written approval of the City Manager, the Human Resources Director,
and the Police Chief, 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 the implementation of any
such program, a written agreement setting forth the specifics of the program shall be signed by the
affected employees and the City. This article shall not be subject to the grievance procedure.
ARTICLE 39. DEFERRED COMPENSATION LOAN PROVISION
The City and the CPOA agree to work with the City's deferred compensation provider (currently ICMA
Retirement Corporation) to implement a personal loan provision for represented employees as soon as
administratively possible. It is acknowledged that the City will assist in the administrative set-up of this
benefit but that the City has no liability if an employee should default on the repayment of such a loan.
ARTICLE 40. LIFE INSURANCE AND VOLUNTARY BENEFITS
All CPOA-represented employees shall receive City paid life insurance in an amount equal to one times
their basic yearly eamings. To determine the benefit, the amount of insurance is rounded to the next
higher $1,000 multiple, unless the amount equals a $1,000 multiple.
The City provides various voluntary benefits available at the employee's cost. Employees may select
among various levels of coverage. For information regarding these benefits, contact the Human
Resources Department at 760-602-2440.
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ARTICLE 41. JOINT EFFICIENCY STUDY
During 2013, the City and CPOA shall jointly select a qualified consultant to perform a comprehensive
study regarding ways to increase department efficiencies, including recommendations for patrol
scheduling. If the parties can not agree on a consultant, the parties shall utilize a strikeout process with an
odd number of consultants with the party striking first to be determined by coin toss. The consultant shall
work equally for both parties which means that the consultant shall meet with both parties on a pre-
determined schedule, communicate jointly and disseminate all reports concomitantly. The consultant's
final recommendations are not binding on either party.
The parties agree to a re-opener on or after 1/1/2014 to continue negotiations toward conversion from a
3/12 to a 4/10 schedule or possible altematives to a 4/10 schedule for patrol.
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute
this Memorandum to be effective as stated herein.
CITY OF CARLSBAD
JOHN COATES, City Manager Date
APPRQ FORM:
CELIA BREWER, City Attomey Date
CARLSBAD POLICE OFFICERS' ASSOCIATION
KEVIN LEHAN, President Date
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CITY OF CARLSBAD
CLASS SPECIFICATION
JOB TITLE; POLICE CORPORAL
DEFARTIMENT; POLICE
BASIC FUNCTION:
Under general supervision, perform law enforcement and crime prevention work; to control traffic flow
and enforce state and local traffic regulations; to perform investigative work; and to do other related work
as assigned, including to have responsible charge of police field and investigative duties.
Perform the following supervisory responsibilities only when assigned as Officer in Charge in the absence
of a Sergeant or when assigned duties by a superior officer:
• Maintain discipline and ensure that Department and City rules and policies are followed;
• Assist officers in preparing reports in cases for trial;
• Assist officers with follow-up investigations; and
• Review reports submitted by officers, make recommendations and suggestions for correction and
improvements.
KEY RESPONSIBILITIES;
As a police corporal, patrol city, answer calls for the protection of life and property, participate in all
normal patrol activities, including enforcement of City, County, and State laws; conduct both preliminary
and follow-up investigations of disturbances, prowlers, burglaries, thefts, robberies, vehicle accidents,
deaths, and other criminal incidents.
Make arrests as necessary: interview victims, complainants, and witnesses; interrogate suspects; gather
and preserve evidence; testify and present evidence in court.
Administer first aid when necessary and conduct in-service training.
Contact and cooperate with other law enforcement agencies in matters relating to the investigation of
crimes in the apprehension of offenders.
Personally appear in court to present evidence and testimony, as necessary.
Prepare reports, conduct investigations, and observe unusual incidents.
Personally participate in investigations, including all routine gathering of evidence, questioning of
witnesses and apprehension of suspects.
Serve warrants and subpoenas.
Stop drivers operating vehicles in violation of laws; wam drivers against unlawrful practices; issue
citations.
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Check buildings for physical security. Receive, search, book, fingerprint, and transport prisoners. Direct
traffic at fires, special events, and other emergencies or congested situations.
As assigned, participate as an investigative officer in adult and juvenile, misdemeanor and felony
investigative work.
Confer with prosecutors and maintain contact with other law enforcement agencies.
Maintain contact with citizens regarding potential law enforcement problems and preserve good
relationships with the general public.
Serve as Officer in Charge when necessary.
Serve as Field Training Officer (FTO) when necessary.
Serve as Field Evidence Technician when necessary.
Perform other related duties as assigned.
QUALIFICATIONS;
Knowledge of;
Police methods and procedures, including patrol, crime prevention, traffic control, investigation
and identification techniques and police records and reports.
Criminal law with particular reference to the apprehension, arrest and custody of persons
committing misdemeanors and felonies, including rules or evidence pertaining to the search and
seizure and the preservation and presentation of evidence in traffic and criminal cases.
Principles and practices of supervision and training.
Ability to;
Supervise and train subordinates.
Observe accurately and remember names, faces, numbers, incidents and places.
Analyze situations and adopt effective courses of action.
Interpret and apply laws and regulations.
Use and maintain firearms.
Think and act quickly in emergencies, and judge situations and people accurately.
Prepare accurate and grammatically correct reports.
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Establish and maintain cooperative-working relationships with those contacted in the course of
work.
Understand and carry out oral and written directions.
Effectively utilize computer and electronic data resources.
Perform the essential job functions of a police officer, as established by City and State guidelines.
EDUCATION AND EXPERIENCE;
Completion of Carlsbad Police Department probation; possession of (or eligible to receive) a Califomia
Intermediate POST certificate; at least two (2) years of patrol operations experience with a Califomia law
enforcement agency; and completion of Field Training Officer (FTO) and Field Evidence Technician
(FET) certificates no later than the end of the one-year probationary period related to being hired or
promoted into this classification.
All existing corporals as of 9-24-13 shall be provided the opportunity to attend FTO school and FET
school within the next 24 months and successfully complete them in order to be "grandfathered" as
Corporals. Any existing Corporal that has not successfully completed these schools shall be demoted to
Police Officer.
The Regular or Specialized Intermediate Certificate;
(a) Possess or be eligible to possess an intermediate certificate; and
(b) Satisfy the prerequisite basic course training requirement and have acquired the training and
education points and/or the college degree designated and the prescribed years of law enforcement
experience in one of the following combinations:
Minimum Training Points Required
15 30 45
Minimum Education
Points or Degree Required 15 30 45
Associate
Degree
Baccalaureate
Degree
Years of Law Enforcement Experience
Required 8 6 4 4 2
SPECIAL REQUIREMENTS;
Must meet the standards established for peace officers as defined by Califomia Govemment Code Section
1031.
Possession of a valid Califomia Driver's License.
Possession and maintenance of FTO and FET certificates.
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