HomeMy WebLinkAbout2016-02-09; City Council; Resolution 2016-028EXHIBIT 1
RESOLUTION NO. 2016-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE
OFFICERS' ASSOCIATION (CPOA) AND TRANSFERRING $334,000
FROM THE GENERAL FUND COUNCIL CONTINGENCY ACCOUNT
WHEREAS, the City of Carlsbad and the Carlsbad Police Officers' Association (CPOA) have
met and conferred in good faith pursuant to the Meyers-Milias-Brown Act regarding wages and
other terms and conditions of employment; and
WHEREAS, said representatives have reached agreement which they desire to submit to
the City Council for consideration and approval; and
WHEREAS, the City Council has determined it to be in the public interest to accept such
an agreement in the form of a Memorandum of Understanding (MOU), marked Exhibit 2 and
incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That the Memorandum of Understanding between the Carlsbad Police Officers'
Association (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.
3. That the Salary Schedule for CPOA-represented employees as set forth in
Attachment A of Exhibit 2 is hereby approved.
4. That the City Council authorizes the Administrative Services Director to transfer
funds in the amount of $334,000 from the General Fund Council Contingency account to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the Police operations budget in the General Fund to be used to fund the changes to
salary and health benefit credits that will occur during Fiscal Year 2015-16.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I/
I/
I/
/I
I/
I/
I/
I/
II
I/
/I
II
II
II
II
1
2
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 9th day of February 2016, by the following vote to wit:
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AYES: Council Members Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Matt Hall
LORRAINE WOOD, Mayor Pro Tern
ATIEST:
(SEAL)
Exhibit 2
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION
Term: January 1, 2016 - December 31, 2018
TABLE OF CONTENTS
Page 1 Preamble
Article 1 Implementation Page 1
Article 2 Term and Renegotiation Page 1
Article 3 Retention of Benefits Page 1
Article 4 Authorized Agents Page 2
Article 5 Recognition Page 2
Article 6 Savings Clause Page 2
Article 7 Nondiscrimination Clause Page 2
Article 8 Compensation Adjustments Page 3
Article 9 Management Rights Page 3
Article 10 Grievance Procedure Page 3
Article 11 Stand-By Page 8
Article 12 Bilingual Pay Page 9
Article 13 Basic Work Week/Work Day Page 9
Article 14 Court and Hearings Page 11
Article 15 Sick Leave/Bereavement Leave Page 12
Article 16 Association Rights Page 13
Article 17 Overtime Page 15
Article 18 Call Back Page 15
Article 19 Seniority Page 17
Article 20 Legal Representation Page 17
Article 21 Peaceful Performance of City Services Page 18
Article 22 Discipline of an Employee Page 18
Article 23 Probationary Period Page 20
Article 24 Retirement Benefits Page 21
Article 25 Flexible Benefits Program Page 22
Article 26 Uniform Reimbursement Page 24
Article 27 Educational Incentive Page 24
Article 28 Field Training Officer Page 26
Article 29 Vehicles for Investigations Page 26
Article 30 Long Term Disability Page 26
Article 31 Leave of Absence Page 26
Article 32 Disability Retirement Page 28
Article 33 Vacation Page 28
Article 34 Holidays Page 30
Article 35 Salary/Anniversary Date on Promotion Page 31
Article 36 Alcohol and Drug Policy Page 31
Article 37 Employer Searches Page 39
Article 38 Flexible Job Sharing Page 40
Article 39 Deferred Compensation Loan Provision Page 40
Article 40 Life Insurance and Voluntary Benefits Page 40
Article 41 Re-opener Page 40
Article 42 Acting Pay Page 40
Article 43 Flexible Classifications Page 41
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 teuns 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 RENEGOTIATION
2.1 The term of this Memorandum shall commence on January 1, 2016, and shall continue
until December 31, 2018.
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written
proposals in approximately September 2018.
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.
1
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, California 92008;
Telephone: (760) 434-2821] except where a particular representative is specifically
designated in connection with the perfoimance of a specific function or obligation set
forth herein.
4.2 CP0A's principal authorized agent shall be its President or duly authorized
representative [Address: P.O. Box 1392, Carlsbad, California 92008; Telephone: (760)
931-2144] and Bobbitt Pinckard & Fields, [Address: 8388 Vickers St. San Diego,
California 92111-2109; Telephone (858) 467-1199].
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 deteiiiiining 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.
2
ARTICLE 8. COMPENSATION ADJUSTMENTS
Effective January 1, 2016, all CPOA-represented employees active on payroll shall receive a
three point eight percent (3.8%) salary increase.
Effective January 1, 2017, all CPOA-represented employees active on payroll shall receive a
three point eight percent (3.8%) salary increase.
Effective January 1, 2018, all CPOA-represented employees active on payroll shall receive a
three point eight percent (3.8%) salary increase.
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.
3
10.1.5 To resolve grievances as quickly as possible and correct, if possible,
the cause of grievances, thereby reducing the number of grievances
and future similar complaints.
10.1.6 This grievance procedure is applicable to all employee classifications
represented by the CPOA in the Police Department of the City of
Carlsbad.
10.2 Definitions. For the purpose of this grievance procedure the following definitions
shall apply.
10.2.1 City Manager: The City Manager.
10.2.2 Assistant City Manager: An Assistant City Manager.
10.2.3 Department: An office, department, or institution of the city.
10.2.4 Department Head or Head of a Department: The chief executive
officer of a department.
10.2.5 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) Concern matters or incidents that have occurred.
4
(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 fottnal 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.
5
(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 foul's 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.
6
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 permanent 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 alternately 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 California State Mediation and
Conciliation Service. If the parties cannot mutually agree on the
identity of the hearing officer they will alternately 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 attorney fees and preparation
of documents.
ARTICLE 11. STAND-BY
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 noimal 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
infoimation, either telephone number and/or cell phone number, with the
8
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 alternate may be assigned.
ARTICLE 12. BILINGUAL PAY
Any employee 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-sworn employees who work a 9/80 schedule begins four
(4) hours after the regularly scheduled starting time for their Friday shift and ends one
hundred sixty eight (168) hours later (at four (4) hours after the regularly scheduled
starting time for their Friday shift).
13.2 The official workweek for non-sworn employees working any schedule other than a 9/80
schedule begins on Sunday at 12:00 a.m. and ends on the following Sunday at 12:00 a.m.
13.3 In accordance with section 7(k) of the Fair Labor Standards Act, the official work period
for sworn employees begins on Sunday at 12:00 a.m. and ends 14 days later at 12:00 a.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.
9
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 return 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.
10
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 nointal 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
11
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 Attorney Conversation: When off duty personnel receive calls from District
Attorney 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 Willi "family member" shall be defined in the personnel rules
and regulations.
Sick leave can be used in 15 minute increments.
15.1 Every CPOA-represented employee will accrue sick leave on a daily basis at the rate of
sixteen (16) minutes for each continuous calendar day of service.
15.2 Accrued, 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 California Fair
12
Employment and Housing Act, the California 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.
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 accrued 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 accrued, 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 accrual 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
California Government 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. ASSOCIATION RIGHTS
16.1 The city recognizes the right of the CPOA to govern its internal 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 Government Code.
16.3 Upon the receipt of a written request and authorization from an employee for deduction
of CPOA dues and other lawfully peimitted 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.
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.
13
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 California
Government Code Sections 3300, et seq., known as the Public Safety
Officers' Procedure Bill of Rights Act.
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. If a police department manager schedules a work meeting to
accomplish police department business and invites employee representatives to that
meeting, the employee representatives who attend the meeting will be paid for the time
worked. If the meeting occurs outside of the employee's regularly scheduled work shift,
the employee shall receive a minimum of two hours of appropriate overtime
compensation.
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 of the 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
14
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 noimally 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-sworn employees or
eighty (80) hours per fourteen (14) day work period for sworn employees.
Effective the pay period that includes January 1, 2015, the regular rate of pay shall be
calculated in confoimance with the FLSA.
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 and fifty (150) 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 return 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
15
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 returns 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 returning 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 returning 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.
(b) Other Site: If the call back is to a site outside of the 20 mile radius of the
Carlsbad Police Department, travel time shall be the actual amount of time
required to drive to the call back site and return 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
16
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 Refer to Article 31.3 for information re: the impact of a leave of absence on 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 of the 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 of the 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 California Government 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 California
Government Code section 995.2.
20.3 Nothing in this Memorandum is intended to give an employee more rights or privileges
than those contained in the California Government Code.
17
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 of the 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 perforntance 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
of the 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
California 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 California 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 attorney fees and preparation of documents.
18
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 of the 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 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 attorney 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 peunitted. The conduct
and decorum 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
19
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.
22.10 Disiplinary appeal hearing. During any disciplinary appeal hearing, either party may file
a written motion with the City Clerk for the City of Carlsbad seeking authorization from
the City Council to pursue an interlocutory writ in court to challenge a ruling or action by
a hearing officer. The motion for authorization shall be heard in closed session, unless
waived by the appellant. Either party's representative may make a statement to the City
Council on the issue of whether authorization to seek a writ is justified. During this
hearing on the motion for authorization to pursue a writ, neither party may discuss the
merits or the factual basis of the underlying administrative hearing with the City Council.
The parties should limit their discussion as to the ruling or action of the hearing officer
and why the matter warrants the pursuit of an interlocutory writ before the conclusion of
the disciplinary appeal hearing. The party appealing the discipline shall not be required
to seek authorization from the City Council in order to pursue an interlocutory writ in
court as to those issues in which the court has initial jurisdiction, including but not
limited to, claims of a violation of the Public Safety Officers Procedural Bill of Rights
Act.
ARTICLE 23. PROBATIONARY PERIOD
23.1 For sworn personnel, the initial hire probationary period shall be one year from the date
the employee is sworn as an officer. For non-sworn 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 Refer to Article 31.3 for information re: the impact of a leave of absence on the
probationary period.
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.
20
ARTICLE 24. RETIREMENT BENEFITS
24.1 The city has contracted with CalPERS for the following retirement benefits:
Safety "Classic" Members (those that do not qualify as "New Members" as defined
below)
• Employees entering City of Carlsbad safety CalPERS membership for the first
time prior to October 4, 2010 — The retirement foimula shall be 3% @ 50; single
highest year final compensation.
• Employees entering City of Carlsbad safety CalPERS membership for the first
time on or after October 4, 2010 — The retirement folinula shall be 2% @ 50;
three year average final compensation.
Miscellaneous "Classic" Members (those that do not qualify as "New Members" as
defined below)
• Employees entering City of Carlsbad miscellaneous CalPERS membership for the
first time prior to November 28, 2011 — The retirement foimula shall be 3% @
60; single highest year final compensation.
• Employees entering City of Carlsbad miscellaneous CalPERS membership for the
first time on or after November 28, 2011 — The retirement formula shall be 2% @
60; three year average final compensation.
"New Members"
Employees who are "New Members" as defined by the California 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 be subject to all the
applicable PEPRA provisions, which include but are not limited to the following
retirement benefits:
• Safety— The retirement formula shall be 2.7% @ 57; three year average final
compensation.
• Miscellaneous — 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 Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Safety employees subject to the 3% @ 50 and 2% @ 50 benefit formula shall pay
all of the employee retirement contribution (9%).
• Safety employees who meet the definition of "New Member" under PEPRA shall
pay one half of the normal cost rate associated with their benefit plan.
• Miscellaneous employees subject to the 3% @ 60 benefit foimula shall pay all of
the employee retirement contribution (8%).
21
• Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of
the employee retirement contribution (7%).
• Miscellaneous employees who meet the definition of "New Member" under
PEPRA shall pay one half of the normal cost rate associated with their benefit
plan.
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 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, AD&D insurance and
flexible spending accounts (FSAs). 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 Government Code Section 22892 of the PEMHCA for medical insurance
through the California 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 first full pay period after ratification of this MOU, 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 city-
sponsored dental, vision or accidental death and dismemberment (AD&D) insurance
coverage.
(a) For employees with "employee only" coverage, the city shall continue to
contribute five hundred eighty-three ($583) 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 dependent" coverage, the city shall
contribute one thousand eighty-nine ($1,089) per month (increased from $1,028
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.
22
(c)
For employees with "employee plus two or more dependents" coverage, the city
shall contribute one thousand four hundred twenty-eight ($1,428) per month
(increased from $1,348 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.
Effective the pay periods that include 1/1/2017 and 1/1/2018 the city monthly benefit
credits associated with each coverage level will be set to dollar amounts that equate to
80% of the average health (medical, dental and vision) premium for Employee, Employee
Plus One and Family coverage levels, rounded to the nearest whole dollar based on the
premiums that will take effect on January 1 of the respective calendar year.
If the actual total premiums exceed the city's total contributions, the employee will pay
the difference.
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 of the medical insurance purchased by the employee, the employee will
have the option of using any "excess credits" to purchase city-sponsored dental
insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or
to contribute to a healthcare or dependent care flexible spending account (FSA).
25.3 Dental Insurance
CPOA employees may choose to enroll in or opt out of the city-sponsored dental
insurance plan at any coverage level.
25.4 Vision Insurance
CPOA employees may choose to enroll in or opt out of the city-sponsored vision
insurance plan at any coverage level.
25. 5 Retirees
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 California
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
Government 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 elect,
upon retirement, to participate in the city's dental and/or vision insurance programs as a
retiree. The cost of such dental and/or vision insurance for the retiree and eligible
23
dependents shall be borne solely by the retiree. An individual who does not choose
coverage upon retirement, or who chooses coverage and later drops it is not eligible to
return to the city's dental and vision insurance programs.
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 Waiver Provision
CPOA represented employees who do not wish to participate in the CalPERS Health
Program will have the choice of waiving the city's medical insurance program, provided
they can show that they are covered under another group insurance program.
Effective the first full pay period after ratification of this MOU, employees who elect this
provision will continue to be given a reduced city contribution amount (Benefits Credits)
of two hundred ninety-one dollars and fifty cents ($291.50) per month to be used toward
the purchase of city-sponsored dental insurance, city-sponsored vision insurance,
accidental death and dismemberment (AD&D) insurance or as a contribution to a flexible
spending account or in cash and reported as taxable income. The city contribution amount
of two hundred ninety-one dollars and fifty cents ($291.50) per month will be granted to
any employee who elects to waive the CalPERS Health Program, regardless of the
employee's level of coverage (employee only, employee plus one dependent, employee
plus two or more dependents).
Effective the pay periods that include 1/1/2017 and 1/1/2018 the benefit credits associated
with waiving medical coverage will be set equal to 50% of the benefit credits associated
with Employee Only medical coverage level.
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 is not reported to CalPERS
as special compensation for new members).
ARTICLE 27. EDUCATIONAL INCENTIVE
27.1 Educational Incentive Compensation.
Step 1: Applicable to all employees in the bargaining unit represented by the CPOA.
(a) A sworn employee or employee in the communications series of classifications
that presents evidence of the award of a Basic certificate issued by the State of
California 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
24
sole responsibility of the employee to make notification of eligibility for the
education incentive pay.
(b) Other non-sworn 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.
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
California 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 California
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 two hundred eighteen dollars ($218) biweekly.
Eligibility for receiving the compensation will be based upon the date the
25
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 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 sworn 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 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 accrued sick leave, vacation, and/or compensatory time-to
reach the amount equal to the employee's full regular pay until the
26
employee's leave balances reach zero, at which time the employee would
commence an unpaid leave of absence.
A sworn employee shall not use accrued sick leave after the city approves
the employee's Industrial Disability Retirement (IDR). The employee
who is approved for an IDR may choose to cash out up to 50% of their
sick leave balance upon separation of employment. The remaining sick
leave balance shall be converted to CalPERS service credit.
31.1.2 A non-sworn employee who is temporarily unable to work due to an
occupational illness or injury will receive full pay for the first forty-five
(45) calendar days. If the employee continues to be temporarily unable to
work after forty-five (45) calendar days, the employee will receive
workers' compensation temporary disability 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 accrued
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 accrued 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.
31.2.2 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 California
Fair Employment and Housing Act.
31.3 Extended Leave of Absence
Upon completion of either 84 consecutive calendar days (12 weeks) of leave of absence
(paid or unpaid and except when leave is ordered by the city) or completion of a leave of
absence related to Section 4850 of the Labor Code, whichever occurs later, an employee
will not be eligible for the benefits listed below:
1. accrual of sick leave and vacation,
2. holiday pay and
3. cell phone allowance
27
On the day that the employee returns to work from the extended leave of absence, the
employee will resume eligibility for the abovementioned benefits and the employee's
salary anniversary date, vacation anniversary date and seniority will be adjusted for each
calendar day the leave of absence lasted beyond either 84 consecutive calendar days or
the completion of a leave of absence related to Section 4850 of the Labor Code,
whichever was longer.
Exception for a Probationary Newly Hired Employee
When a probationary newly hired employee is on a leave of absence (paid or unpaid) that
extends beyond 14 consecutive calendar days the probationary period and salary
anniversary date shall be extended for each calendar day the employee was on a leave of
absence. Other than this exception, all other provisions in this Extended Leave of
Absence section apply to a probationary newly hired employee.
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 California 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 California Government 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 accrue vacation on a daily basis according to the number of continuous full years of
employment based on the following vacation accrual 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 (6th) year of continuous employment through the completion of
ten (10) full calendar years of continuous service —20 minutes/day
Beginning the eleventh (11th) year of continuous employment through the
completion of eleven (11) full calendar years of continuous service — 21
minutes/day
Beginning the twelfth (12th) year of continuous employment through the completion
of twelve (12) full calendar years of continuous service —22 minutes/day
28
Beginning the thirteenth (13th) year of continuous employment through the
completion of thirteen (13) full calendar years of continuous service —24
minutes/day
Beginning the fourteenth (14th) year of continuous employment through the
completion of fifteen (15) full calendar years of continuous service — 25
minutes/day
Beginning the sixteenth (16th) year of continuous employment, vacation time shall
be accrued, and remain at a rate of 26 minutes/day for every full calendar year of
continuous employment thereafter.
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 accrued 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 accrual 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 accrued 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
returning 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.
29
(b) Duty Time — Employees returning 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 returning 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 vacation time, an employee shall
provide as much advance notice as possible considering the particular circumstances.
33.6 Terminal Vacation Pay
The dollar value of an employee's accrued vacation balance as of the employee's last day
on payroll shall be paid to the employee upon separation of employment at the
employee's base rate of pay at separation.
ARTICLE 34. HOLIDAYS
34.1 The city agrees to observe eleven (11) scheduled paid holidays per year. The holiday
schedule shall not interfere with, influence, or otherwise change the scheduling of shift
employees by the department.
34.2 The holiday schedule for the term of this agreement is as follows:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
30
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.
ARTICLE 35. SALARY/ANNIVERSARY 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 5 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 1, 2, 3, or 4, 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 of the City of Carlsbad to provide, for its employees, a work environment
free from the effects of drugs and alcohol consistent with the directives of the Drug Free
Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is
certified by the National Institute on Drug Abuse (NIDA), now known as the Substance
Abuse & Mental Health Services Administration (SAMHSA). 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 (Government Code Section 3300 et
seq.). This policy is intended to accomplish that objective.
31
A. Definitions - As Used in This Policy:
1. "Drug" means any substance which produces a physical, mental, emotional
or behavioral change in the user, including but not limited to, prescription
medications, heroin, cocaine, morphine and its derivatives, P.C.P.,
methadone, barbiturates, amphetamines, methamphetamines, alcohol,
marijuana, and other cannabinoids.
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 drugs 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 drug 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
5. "CCF" refers to the federal drug testing Custody and Control Foiiii. This
form will be completed for all urine specimen collections and requires the
employee's signature each time a specimen is collected.
6. "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
7. "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
8. 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.
32
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 drugs in the workplace or while on-
call;
b. submit to an alcohol and drug 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 nob o 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 teiins 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 perfoimance of their
duties or operation of city equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug 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.
33
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
1. Upon receiving a conditional offer of employment, an otherwise
successful candidate must submit to a drug and alcohol analysis. At
the city's discretion, this analysis may be in the form of "breathalizer,"
urine, or blood analysis.
2. Persons whose results are positive for either drugs or alcohol will be
rejected for city employment.
B. 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 drug 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 1.A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or
disability;
d. an accident involving city property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsive,
unusual for that employee or otherwise inappropriate to the
workplace situation;
34
A-
f. attributable possession of alcohol or drugs;
g. information obtained from a reliable person with personal
knowledge that would lead a reasonably prudent supervisor to
believe that an employee is under the influence of alcohol or
drugs.
3. Refusal to remain on the premises or to submit to a drug and alcohol
analysis when requested to do so by city management or by law
enforcement officers shall constitute insubordination and shall be
grounds for discipline, up to and including teanination.
4. A drug and alcohol analysis may test for the presence of any drug
which could impair an employee's ability to effectively and safely
perform 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.
C. Random Selection Testing
All sworn 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 returned to the pool.
Random testing will be performed as follows:
• Drugs - 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.
35
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 drug
and alcohol testing policy. Additionally, the employee will be asked by
the Urine Collector or BAT to complete the necessary foun(s), either the
CCF or ATF or both, for the test(s) to be conducted and analyzed.
2. Testing for Prohibited Drugs
A Urine Collector will collect a urine specimen to be analyzed by a
certified laboratory for the presence of drugs 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 drug screen will
be conducted on each primary sample. If the initial drug screen does not
yield a negative test result, a confilmatory 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 result was positive or negative, or should be
cancelled. When the MRO reports the result of the verified positive test,
the MRO may disclose the drug(s) for which there was a positive result.
The MRO may only reveal the levels of a positive drug 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 drug 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.
36
4. Split Specimen Testing
Any employee who questions the results of his/her required drug 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 perfor ned 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 drug 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 drug test required;
37
d. In the case of a directly observed or monitored collection in a drug
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 drug 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;
i. For an observed collection, failure to follow the observer's
instructions;
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
returning 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 return to work. However, the
employee shall not perform public safety functions until the city has
obtained negative drug test results from the MRO. This test is referred to
as the "Return to Duty" test in the DOT regulations. Both Return 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 return to duty.
Follow-up testing may be performed for up to 60 months following return-
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
38
warranted. If an employee is referred to a substance abuse program,
payment for the program is the responsibility of the employee.
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 drug problem can call the EAP office and arrange for an
appointment with a counselor.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-
referral contacts are held in confidence by the EAP.
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation
of any city policy.
ARTICLE 37. EMPLOYER SEARCHES
For the purpose of enforcing city or department policies, directives, and work rules, 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 rule 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 (Government 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 rule violation.
39
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 earnings. To detennine 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.
ARTICLE 41. RE-OPENER
At any time during the teim of this Memorandum, the city may reopen negotiations on the
implementation of technological changes affecting the Police Department. CPOA acknowledges
that the city has the management right to decide to change the technology used in the Police
Department and that any negotiations shall be regarding the effects of the city's decision on
CPOA members.
At any time during the term of this Memorandum, the city may reopen negotiations on the issue
of health insurance benefits in order to reduce or eliminate penalties under the ACA.
ARTICLE 42. ACTING PAY
Whenever the perceived needs of the City require an employee to temporarily perform the duties
of a job classification that has a higher pay range than the pay range associated with their current
job classification for a period of more than twenty-one (21) consecutive calendar days, the
employee shall receive additional pay while in the acting capacity. In such cases, the employee
shall be paid at an appropriate level which will assure an increase of not less than five percent
(5%) greater than his/her current base salary. In the event that the City does not need the
40
employee to serve in an acting capacity for at least twenty-one (21) consecutive calendar days,
the employee shall receive the acting pay for that period of time the acting assignment lasts. In
the event that at the beginning of an acting assignment, it is not perceived that the acting
assignment will last at least twenty-one (21) consecutive calendar days, and the acting
assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the
employee in the acting assignment shall receive the acting pay retroactive to the first day of the
acting assignment.
No employee shall be required to perform all of the duties of a higher classification unless that
employee is deemed to possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the Police Chief. Exceptions to the minimum
qualifications criteria may be recommended by the Police Chief on a case by case basis. If the
employee does not meet the minimum qualifications for the higher classification he/she shall
receive not less than 2.5% additional pay.
The additional pay shall commence on the first (1st) calendar day of the temporary reassignment
of the performance of duties of the higher classification. The recommendation that an employee
be required to perfoiiii duties of the higher classification shall be placed in writing by the Police
Chief and submitted to the Human Resources Director for approval.
An employee may not serve in an acting capacity for more than six (6) months without prior
approval from the Police Chief.
A person appointed to an acting capacity shall be eligible to receive step increases in his/her
regular position during the acting appointment. The Human Resources Director shall obtain the
employee's acknowledgement of the temporary performance of all of the duties of the higher
classification prior to the employee's assuming or continuing the duties and additional
compensation. The acknowledgement form shall clearly state that it is understood that a
reduction in salary shall be effected to his/her original salary rate upon the expiration of the need
for the performance of the duties of the higher classification.
ARTICLE 43. FLEXIBLE CLASSIFICATIONS
An employee hired into one of the listed entry level positions shall be reclassified to the journey
level position following twelve (12) months of successful service in the entry level position and
upon meeting journey-level requirements, if any, as established by the city. Any city-established
requirements must be identified in the classification description. The employee shall be placed
at the nearest step of the journey level salary range which represents a minimum five percent
(5%) salary increase.
Entry Level Position
Community Service Officer I
Communications Operator I
Journey Level Position
Community Service Officer II
Communications Operator II
41
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
KATHRYN B. DODSON, Interim City Manager Date
APPROVED AS TO FORM:
CELtA BREWER, City Attorney .5-02 • AirSirowr CiTy A---rraRitq Date ,14 —
CARLSBAD POLICE OFFICERS' ASSOCIATION
— 1Co
JAME LLIS Pre dent Date
42
Attachment A
THE CITY OF CARLSBAD
CPOA BI-WEEKLY SALARY SCHEDULE
Effective January 1, 2016
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE
15 1722.43 1808.54 1898.97 1993.89 2093.59 15
19 1948.77 2046.21 2148.50 2255.93 2368.73 19
20 2160.13 2268.13 2381.56 2500.61 2625.64 20
22 2268.13 2381.56 2500.61 2625.64 2756.93 22
24 2563.12 2691.28 2825.85 2967.12 3115.48 24
36 2738.28 2875.20 3018.96 3169.92 3328.37 36
37 2809.52 2949.99 3097.48 3252.36 3414.95 37
38 2875.20 3018.96 3169.92 3328.37 3494.84 38
42 3494.84 3669.57 3853.05 4045.69 4247.97 42
90 2323.95 2440.15 2562.15 2690.28 2824.79 90
RANGE 15
RANGE 19
RANGE 20
RANGE 22
RANGE 24
RANGE 36
RANGE 37
RANGE 38
RANGE 42
RANGE 90
COMMUNITY SERVICE OFFICER I
COMMUNITY SERVICE OFFICER II
COMMUNICATIONS OPERATOR I
COMMUNICATIONS OPERATOR II
COMMUNICATIONS SUPERVISOR
POLICE OFFICER
FINGERPRINT & EVIDENCE SPECIALIST
POLICE CORPORAL
POLICE SERGEANT
POLICE RECRUIT
Attachment A
THE CITY OF CARLSBAD
CPOA BI-WEEKLY SALARY SCHEDULE
Effective January 1, 2017
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE
15 1787.88 1877.26 1971.13 2069.66 2173.15 15
19 2022.82 2123.97 2230.14 2341.66 2458.74 19
20 2242.21 2354.32 2472.06 2595.63 2725.41 20
22 2354.32 2472.06 2595.63 2725.41 2861.69 22
24 2660.52 2793.55 2933.23 3079.87 3233.87 24
36 2842.33 2984.46 3133.68 3290.38 3454.85 36
37 2916.28 3062.09 3215.18 3375.95 3544.72 37
38 2984.46 3133.68 3290.38 3454.85 3627.64 38
42 3627.64 3809.01 3999.47 4199.43 4409.39 42
90 2412.26 2532.88 2659.51 2792.51 2932.13 90
RANGE 15
RANGE 19
RANGE 20
RANGE 22
RANGE 24
RANGE 36
RANGE 37
RANGE 38
RANGE 42
RANGE 90
COMMUNITY SERVICE OFFICER I
COMMUNITY SERVICE OFFICER II
COMMUNICATIONS OPERATOR I
COMMUNICATIONS OPERATOR II
COMMUNICATIONS SUPERVISOR
POLICE OFFICER
FINGERPRINT & EVIDENCE SPECIALIST
POLICE CORPORAL
POLICE SERGEANT
POLICE RECRUIT
Attachment A
THE CITY OF CARLSBAD
CPOA BI-WEEKLY SALARY SCHEDULE
Effective January 1, 2018
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE
15 1855.82 1948.6 2046.03 2148.31 2255.73 15
19 2099.69 2204.68 2314.89 2430.64 2552.17 19
20 2327.41 2443.78 2566 2694.26 2828.98 20
22 2443.78 2566 2694.26 2828.98 2970.43 22
24 2761.62 2899.7 3044.69 3196.91 3356.76 24
36 2950.34 3097.87 3252.76 3415.41 3586.13 36
37 3027.1 3178.45 3337.36 3504.24 3679.42 37
38 3097.87 3252.76 3415.41 3586.13 3765.49 38
42 3765.49 3953.75 4151.45 4359.01 4576.95 42
90 2503.93 2629.13 2760.57 2898.63 3043.55 90
RANGE 15
RANGE 19
RANGE 20
RANGE 22
RANGE 24
RANGE 36
RANGE 37
RANGE 38
RANGE 42
RANGE 90
COMMUNITY SERVICE OFFICER I
COMMUNITY SERVICE OFFICER II
COMMUNICATIONS OPERATOR I
COMMUNICATIONS OPERATOR II
COMMUNICATIONS SUPERVISOR
POLICE OFFICER
FINGERPRINT & EVIDENCE SPECIALIST
POLICE CORPORAL
POLICE SERGEANT
POLICE RECRUIT