HomeMy WebLinkAbout2018-03-13; City Council; Resolution 2018-032RESOLUTION NO. 2018-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A SIDE LETTER WITH THE CARLSBAD POLICE OFFICERS' ASSOCIATION
(CPOA) THAT AMENDS ARTICLE 18, TITLED "CALLBACK" OF THE MEMORANDUM
OF UNDERSTANDING
WHEREAS, on February 9, 2016, the City Council adopted Resolution No. 2016-028
approving a Memorandum of Understand (MOU) with the CPOA with a term of three years that
expires on December 31, 2018; and
WHEREAS, representatives of management and the Carlsbad Police Officers' Association
have met and conferred in good faith pursuant to the Meyers-Millias-Brown Act regarding
wages and other terms and conditions of employment; and
WHEREAS, said representatives have reached agreement which they desire to submit to
the City Council for consideration and approval; and
WHEREAS, the City Co4ncil has determined it to be in the public interest to accept such
an agreement in the form of a side letter dated February 1, 2018, marked Attachment A and
incorporated by reference herein.
I
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the side letter dated February, 2018, set forth in Attachment A, hereto and
made a part hereof, is adopted.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of March, 2018, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES: None.
ABSENT: None.
(SEAL)
SIDE LETTER OF AGREEMENT
TO THE 2016-2018 MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION
EFFECTIVE: UPON CITY COUNCIL APPROVAL
This side letter memorializes an agreement reached between the City of Carlsbad
("City") and the Carlsbad Police Officers' Association ("CPOA") to change the 2016-
2018 Memorandum of Understanding ("MOU") entered into between the City and
CPOA. All other terms and conditions of the existing MOU shall remain in full force and
effect. The changes are as follows:
Article 18 shall be replaced in its entirety with the following:
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
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. No travel time is p'rovided for scheduled call backs.
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.
Employees called back pursuant to this section are not eligible for travel time.
18.5 Travel Time: 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 total of a
maximum of one hour round trip.
{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.
The following employees, who are 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
regularly scheduled work shift, are eligible for travel time: {1) Employees who are called back
for immediate service; {2} employees who are in a 'stand-by' capacity as defined by Article 11.
18.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department
or to any site within a 20 mile radius of the Carlsbad Police Department will not be
compensated. If an employee is directed to a site beyond a 20 miles radius of the Carlsbad
Police Department, the employee will receive mileage reimbursement for expenses to and from
the directed site or the round trip distance between the directed site and the Carlsbad Police
Department, whichever is less.
18.7 Contiguous Time: These minimums shall not apply to situations where the call back is
contiguous with the commencement or end of the employee's regularly scheduled work shift.
In that situation, the employee shall receive applicable overtime compensation for all time
actually worked beyond the regularly scheduled work shift.
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It is the understanding of the City and CPOA that this side letter is of no force or effect
whatsoever, unless and until adopted by resolution of the City Council of the City.
IN WITNESS WHEREOF, the City and CPOA have executed this side letter to the MOU on
the dates set forth below:
For the City of Carlsbad:
Date
For the Carlsbad Police Officers' Association:
v'Jc£ P~~,c~ r c.PoA
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Ursula Truebe, President -CPOA Date
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Approved as to form:
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By:---------------
Walter Chung, Assistant City Attorney Date
Brad Fields, Attorney for CPOA Date