HomeMy WebLinkAbout2018-03-27; City Council; Resolution 2018-040RESOLUTION NO. 2018-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD CITY
EMPLOYEES' ASSOCIATION (CCEA) AND APPROVING THE ASSOCIATED
CCEA SALARY SCHEDULE, IT DEPARTMENT STANDBY POLICY AND
REVISED ADMINISTRATIVE ORDER NO. 64.
WHEREAS, the City of Carlsbad and the Carlsbad City Employees' Association (CCEA) 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 1) a Memorandum of Understanding (MOU), marked Attachment A,
2) a salary schedule, marked Attachment B, 3) an IT Department Standby Policy, marked
Attachment C and a revised Administrative Order No. 64, marked Attachment D 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 City Employees'
Association (CCEA) and the City of Carlsbad as set forth in Attachment A is
hereby approved and the City Manager is authorized and directed to execute it.
3. That the salary schedule for CCEA-represented employees as set forth in
Attachment B is hereby approved.
4. That the IT Department Standby Policy as set forth in Attachment C is hereby
approved.
5. That the revised Administrative Order No. 64 as set forth in Attachment D is
hereby approved.
March 27, 2018 Item #2 Page 5 of 236
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of March, 2018, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Packard.
NOES:
ABSENT:
C. Schumacher.
M. Schumacher.
(SEAL)
March 27, 2018 Item #2 Page 6 of 236
CCEA MEMORANDUM OF UNDERSTANDING
1/1/2018 to 12/31/2020
TABLE OF CONTENTS
Attachment A
Foreword .............................................................................................................. Page
Preamble .............................................................................................................. Page
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
March 27, 2018 Item #2 Page 7 of 236
CCEA Memorandum of Understanding
Table of Contents
Page2
Article 39 Dispute Resolution Procedure ................................................ Page 33
Article 40 Alcohol and Drug Policy ....................................................... Page 39
Article 41 Access to Information ............................................................ Page 43
Article 42 Communications .................................................................... Page 43
Article 43 Legal Representation ............................................................. Page 43
Article 44 Layoff. .................................................................................... Page 44
Article 45 Carlsbad Municipal Water District ........................................ Page 46
Article 46 Full Understanding, Modification & Waiver.. ....................... Page 4 7
Article 47 Provisions of Law .................................................................. Page 4 7
Article 48 Retention of Benefits ............................................................. Page 4 7
Article 49 Non-discrimination Clause .................................................... Page 48
Article 50 Americans With Disabilities Act ........................................... Page 48
Article 51 Life Insurance and Voluntary Benefits .................................. Page 48
Article 52 Special Housing Facilities ...................................................... Page 48
Article 53 Contracting Out Work. ........................................................... Page 50
Article 54 Pay Ranges .... .'. ....................................................................... Page 52
Article 55 Survey Market ........................................................................ Page 53
Article 56 Reopener ................................................................................ Page 54
Attachment A Salary Schedule -General Employees
Attachment B Benefits Retained by CMWD Employees
Attachment C Compensation and Benefits Summary -CCEA Represented Employees
Working a Reduced FTE Schedule
Attachment D Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements,
Responsibilities and Agreement to Terms of Assignment
Attachment E Separation Agreement and General Release
ii March 27, 2018 Item #2 Page 8 of 236
Foreword
MEMORANDUM OF UNDERSTANDING
between the
City of Carlsbad
and the
Carlsbad City Employees' Association
The Memorandum of Understanding is made and entered into between designated management
representatives of the City of Carlsbad (hereinafter referred to as the "City"), and the designated
representatives of the Carlsbad City Employees' Association (hereinafter referred to as "CCEA"
or "Association").
Preamble
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
"Memorandum") to promote and provide for harmonious relations, cooperation, and
understanding between the City Management representatives and the general employees covered
under this Memorandum, as shown on Attachment A and Attachment C; to provide an orderly
and equitable means of resolving any misunderstandings or differences which may arise under
this Memorandum; and to set forth the agreement of the parties reached as a result of good faith
negotiations regarding wages, hours, and other terms and conditions of employment of the
employees covered under this Memorandum.
Article 1 Recognition
The City of Carlsbad recognizes CCEA as the exclusive majority representative for all
classifications in this unit, as set forth in Attachment A, pursuant to the petition for formal
recognition submitted on February 11, 1976, and approved April 20, 1976, in accordance with
the Carlsbad Municipal Code. Attachment C lists additional classifications added to this unit.
Article 2 Implementation
This Memorandum constitutes a recommendation to be submitted to the City Council subsequent
to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall
not be binding upon the parties either in whole or in part unless and until:
The City Council acts, by majority vote, formally to approve and adopt said
Memorandum.
Article 3 Term
The term of this Memorandum of Understanding shall be from January 1, 2018, through
December 31, 2020.
March 27, 2018 Item #2 Page 9 of 236
Article 4 Renegotiation
In the event either party desires to meet and confer in good faith on the terms of a successor
Memorandum of Understanding, that party shall serve upon the other a notice of such intent prior
to expiration of the Memorandum of Understanding. If a party provides intent pursuant to this
section, the parties agree to initially meet not less than forty-five (45) calendar days and no more
than six months prior to the expiration of the Memorandum of Understanding, if possible.
Article 5 Authorized Agents
For the purpose of administering the terms and provisions of this Memorandum:
A. City's principal authorized agent shall be the City Manager or a duly authorized
representative (Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone (760) 602-2440), except where a particular City representative is specifically
designated in connection with the performance of a specific function or obligation set
forth herein.
B. CCEA authorized representatives shall be its President, its Board of Directors, or a
CCEA member in good standing who has been designated as an authorized CCEA
representative in writing by CCEA's President or a member of the Board of Directors.
(Address: 1635 Faraday Avenue, Carlsbad, CA 92008).
C. Copies of all correspondence to CCEA authorized representatives shall also be sent to the
CCEA designated staff representatives. CCEA will notify Human Resources of the
organization, contact name, and address whenever a change is made.
Article 6 No Strike and No Lockout
A. No Strike. During the life of this agreement, neither the Association nor any agents or
representatives will instigate, promote, sponsor, engage in, or condone any strike
(including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any
other intentional disruption of the operations of the City, regardless of the reason for so
doing.
B. Penalty. Any employee engaging in activity prohibited by Article 6, A., or who instigates
or gives leadership to such activity, shall be subject to disciplinary action.
C. No Lockout. During the term of this agreement, the City will not instigate a lockout over
a dispute with the employees so long as there is no breach of Section 6, A.
D. Association Official Responsibility. Each employee who holds the position of officer of
the Association occupies a position of special trust and responsibility in maintaining and
bringing about compliance with the provision of this article, the Association agrees to
inform its members of their obligations under this agreement and to direct them to return
to work.
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Article 7 City Rights
The rights of the City include, but are not limited to the exclusive right to determine mission of
its constituent departments, commissions, committees, and boards; set standards of service;
determine procedures and standards of selection for employment and promotions; direct its
employees; take disciplinary action; relieve its employees from duty because of lack of work or
other legitimate reason; maintain the efficiency of governmental operations; determine the
methods, means, and personnel by which government operations are to be conducted; determine
the content of job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the
technology of performing its work.
Article 8 Employee Rights
A. Employees of the City shall have the right to form, join and participate in the activities of
CCEA for the purpose of representation on all matters of Employer-Employee Relations,
including but not limited to, wages, hours, and other terms and conditions of
employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City.
B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated
against by the City, CCEA or other employee organization(s) because of the exercise of
his/her rights under this Article.
C. An individual employee reserves the right to individual representation, upon formal
notice to CCEA and the City, on any matter of Employer-Employee Relations.
D. CCEA shall be provided notice of the results of such individual Employee-City meetings.
Article 9 Association Rights
A. The City recognizes the right of CCEA to govern its internal affairs.
B. The City agrees to include a one page CCEA "Information Sheet" in the orientation
packet for newly hired employees in positions represented by CCEA. The City and
CCEA agree that the purpose of the "Information Sheet" is to familiarize new employees
with the operations and benefits of CCEA. All costs associated with preparing the
"Information Sheet" shall be borne by CCEA. CCEA agrees to indemnify and hold the
City harmless for any disputes between CCEA and employees represented by CCEA
arising out of information contained in the "Information Sheet." Prior to distribution the
"Information Sheet" must be approved by the Human Resources Director. Should the
City have less than ten (10) CCEA information sheets on hand, it shall notify CCEA so
that CCEA can ensure that the City has adequate information sheets on hand for new
hires.
C. The City will furnish bulletin boards for use by CCEA. Material placed on said bulletin
boards shall be at the discretion of CCEA. The City may remove CCEA material only in
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the event the material is obviously offensive to good taste, defamatory, and shall be
removed only on prior notification to CCEA.
Bulletin boards shall be located at: 1) City Hall Employees' Lounge, 2) Library
Employees' Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Faraday
Employees' Lounge, 6) Safety Center Employees' Lounge, 7) Fleet Maintenance, 8)
Stagecoach Community Park, 9) Calavera Community Park, 10) the City Clerk's Office,
and 11) the Senior Center.
By mutual agreement additional locations may be added.
CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the
bulletin boards furnished by the City for the exclusive use by CCEA.
D. Twice annually, within thirty (30) calendar days of written request from CCEA, the City
agrees to provide CCEA with a listing of names, departments, and classifications of
employees in classifications represented by CCEA. Names, departments, and
classifications provided will reflect the most current data on file with the Human
Resources Department as of the date the list is prepared.
E. CCEA shall provide and maintain with the City a current list of the names and all
authorized representatives of the CCEA. An authorized representative shall not enter any
work location without the consent of the Department Head or his/her designee or the City
Manager or his/her designee. The Department Head or his/her designee shall have the
right to make arrangements for a contact location removed from the work area of the
employee. Management shall not unreasonably deny access.
F. CCEA may, with the approval of the Human Resources Department, be granted the use
of City facilities for after hour meetings.
G. CCEA shall be allowed to designate employee representatives to assist employees in
preparing and processing grievances; and preparing and presenting material for
disciplinary appeals hearings.
CCEA may designate one employee representative to assist an employee in preparing and
presenting materials for the above-listed procedures. The employee representative so
designated shall be allowed reasonable release time from regularly scheduled duties for
the purpose of investigating and preparing materials for such procedures. Employee
representatives who investigate, prepare or present materials during off-duty time shall do
so on their own time. Employee representatives and employees who attend discipline or
grievance hearings or City Council meetings during the off-duty time shall do so on their
own time; providing, however, that employees who are ordered or subpoenaed to attend
such hearings shall be compensated in accordance with the overtime provisions of this
Memorandum of Understanding.
Designated employee representatives shall be allowed reasonable release time from
regularly scheduled duties to attend meetings relative to other matters of employer-
employee relations.
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Designated employee representatives requesting time off under this article shall direct
such request to his/her immediate supervisor in writing within a reasonable time period to
the date requested, in order to assure that the department meets its staff needs and to
assure sufficient coverage of departmental assignments.
H. CCEA may select members of the organization to attend scheduled meetings with the
City staff on subjects within the scope of representation during regular work hours
without loss of compensation. Where circumstances warrant, the City may approve the
attendance at such meetings of additional employee representatives with or without loss
of compensation. The employee organization shall, whenever practicable, submit the
names of all such employee representatives to the City at least two working days in
advance of such meeting. Provided further:
(1) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Department Head or other authorized
City management official.
(2) That any such meeting is subject to scheduling by City management in a manner
consistent with operating needs and work schedules.
Nothing provided herein, however, shall limit or restrict City management from
scheduling such meetings before or after regular duty or work hours under appropriate
circumstances.
Article 10 Confidential Employees
Employees are designated as confidential employees due to the work they perform related to
employer-employee relations and the access they have to information related to employer-
employee relations. Confidential employees:
• may not act as representatives of employee organizations which represent other
employees of the city (e.g., may not represent employees in discipline or grievance
procedures),
• may not provide information related to or participate in labor negotiations on behalf of
CCEA,
• and may not disclose information obtained in their job duties to bargaining unit members
or any employee organization unless required by their job.
This article does not otherwise limit the right of confidential employees to be members of and to
hold office in CCEA.
The following positions are designated as confidential:
1) Human Resources Department: all CCEA-represented positions in this department
2) City Manager's Office: all CCEA-represented positions in this department
3) City Attorney's Office: all CCEA-represented positions in this department
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4) Finance Department: Administrative Secretary, Accountant and Accounting Technician
assigned to payroll responsibilities, Business Systems Specialist, Secretary
5) Information Technology Department: Business Intelligence Analyst and any other
positions in this department that, due to the work responsibilities, require regular access
to and are responsible for supporting applications/databases that contain confidential
employee information, including, but not limited to, HCMS, timekeeping, payroll and
performance management applications. Positions in this department that may
periodically access applications/databases that contain confidential employee information
but, for which prior approval from management is required to gain such access, are not
considered confidential positions.
The City may create new confidential positions. In such cases, the City will notify the
Association of the proposed new confidential position and provide the Association with the job
specifications of the new position prior to its implementation.
Article 11 Payroll Deductions/ Agency Shop
A. The City shall withhold deductions in amounts designated by CCEA members providing
changes do not occur more frequently than once each fiscal year.
B. AGENCY SHOP
All bargaining unit employees are required to be dues paying members of the Association, or pay
a service fee in lieu of dues or, if qualified in accordance with section 4.0 below, contribute to a
designated charitable organization.
1. 0 Covered Employees
All employees covered by the Memorandum of Understanding between the City and the
Association are considered covered employees under this Article.
2.0 Agency Fee
2.1 The amount of the agency fee will be determined annually by the Association in
accordance with Government Code section 3502.5. It will not exceed the standard initiation fee,
period dues, and general assessments of the Association.
2.2 At least thirty (30) calendar days prior to any increase in the amount of the fee,
and annually thereafter, each employee covered by this Agreement will receive written notice
from the Association indicating:
2.2.1 The amount of the agency fee ( expressed as a percentage of the annual
dues per member based upon the chargeable expenditures identified in the notice);
2.2.2 The basis for the calculation of the agency fee, which will be supported by
an independent audit;
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2.2.3 A statement informing the employee about the existence of the
independent audit and its availability to the employee upon request; and
2.2.4 The procedure for appealing all or any part of the agency fee.
2.2.5 The Association will also provide the notice referenced in this section and
a copy of the Association bylaws to Human Resources to be given to new employees at their
orientation.
2.2.6 The Association's appeal procedures shall comply with the requirements
established by State and Federal law.
3. 0 Escrow of Agency Fees in Dispute
3 .1 The Association will open an account in an independent financial institution in
which to place in escrow agency fees collected from employees who have made timely
objections under the Association's appeal procedures.
3.2 The escrowed agency fees will not be released until after either:
3.2.1 Mutual agreement between the objecting employee and the Association
has been reached on the proper amount of the agency fee; or
3 .2.2 A final decision has been rendered by the impartial decision maker ( or the
courts, if judicial review is sought under Code of Civil Procedure section 1094.8).
3 .3 The Association will pay interest at the prevailing rate on all rebated fees.
4.0 Religious Exemptions
In lieu of paying the agency fee, an employee who is a member of a bona fide religion, body, or
sect that has historically held conscientious objections to joining or financially supporting public
employee associations may pay an amount equivalent to the agency fee to one of the following
nomeligious, non-labor charities:
United Way
Special Olympics
Carlsbad Educational Foundation
The employee must provide proof of payment to the City and the Association on a monthly
basis. The Association may also require the employee to provide the Association with proof of
membership or of continued membership in the religion, body, or sect upon which the religious
exemption is based.
5.0 Payroll Deduction Process
5.1 In the event an employee submits an objection to the amount of the agency fee or
there is a dispute regarding the employee's religious exemption claim, the employee will be
informed that an amount equal to the agency fee will be deducted from the employee's salary
7 March 27, 2018 Item #2 Page 15 of 236
and placed in an escrow account referred to in section 3.0 above pending the final determination
of the objection or validity of the exemption. At the conclusion of the process, the escrowed
funds will be disbursed appropriately.
5.2 If, after deductions commence, a dispute arises between the employee and the
Association over the amount or propriety of the agency fee, deductions will continue to be made
and the disputed fees will be placed in an escrow account in accordance with section 3.0 above.
5.3 All other legal and required deductions (e.g., payroll taxes, income taxes, health
care premiums) have priority over agency fee deductions. No agency fee deduction will be made
from an employee's paycheck unless the employee's earnings are sufficient to cover the agency
fee after all other legal and required deductions are made.
5.4 If there is a non-disputed change in the exclusive representative for all or a
portion of the covered employees, the City will transmit the agency fees deducted from the
paychecks of those employees to the new representative without interruption. If there is a
disputed change in the exclusive representative for all or a portion of the covered employees, the
City will place the agency fees deducted from the paychecks of those employees in an interest-
bearing accounting pending final resolution of the dispute.
6.0 Records and Reports
The Association will keep itemized records of its financial transactions. In addition, annually,
within sixty (60) calendar days after the end of its fiscal year, the Association will make
available to the City and to all represented employees a detailed written financial report in the
form of a balance sheet and an operating statement, certified as to accuracy by its president and
treasurer or corresponding principal officer, or by a certified public accountant.
7.0 Indemnification
The Association agrees to defend, indemnify and hold the City (including its Water District and
Redevelopment Agency and their officers, employees, agents, and elected or appointed officials)
harmless from all claims, demands, losses, damages, disputes, obligations, liabilities, expenses
(including attorney fees), or other actions arising out of or relating to this Agreement or the
agency shop arrangement.
Article 12 Compensation Adjustments
Effective January 1, 2019, all CCEA employees shall receive a three percent (3%) base salary
increase. An employee's base pay rate may not exceed the maximum of the pay range for their
classification.
Effective January 1, 2020, all CCEA employees shall receive a three percent (3%) base salary
increase. An employee's base pay rate may not exceed the maximum of the pay range for their
classification.
The City will continue its practice of periodically reviewing classification specifications and
salaries.
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Article 13 Distribution of Paychecks
CCEA employees are not required to receive payroll funds through electronic deposit. Employees
who provide written authorization for such electronic deposit, shall receive a Statement of
Earnings (pay stub) through an electronic pay system. The electronic pay system will permit
employees to view/print current and previous bi-weekly pay stubs. The Employer will provide
training for all employees, as necessary in the use of the electronic pay system.
For those employees who do not provide written authorization for an electronic deposit of their
payroll, their payroll funds will be deposited in the U.S. mail with postage fully prepaid on the
Friday following the electronic pay date or as soon as administratively possible if there is not an
Accounts Payable check run that Friday. Payroll will be mailed to the last known address on file
with the Human Resources Department. It shall be the responsibility of the employee to update
their address of record with the Human Resources Department as required.
The City shall make every reasonable effort to resolve payroll errors during the next pay period,
and to provide additional sums (when warranted) with the following payroll.
The City agrees to meet with the CCEA at mutually acceptable times and places to review payroll
related problems affecting more than one bargaining unit member.
Article 14 Overtime
1. Overtime
Any employee required to perform in excess of forty (40) hours in a seven (7) day cycle
and/or in excess of an employee's scheduled work day shall receive compensation at the
rate of time and one-half his/her regular rate of pay, except as outlined in Section 2
below. The regular rate of pay shall be calculated in conformance with the FLSA.
In determining an employee's eligibility for overtime, paid leaves shall be included in the
total hours worked. Excluded from the total hours worked are duty free lunches, travel
time to and from work, and time spent conducting bona fide volunteer activities.
There shall be no pyramiding of overtime. Hours worked by an employee in any
workday or workweek on which premium rates have once been allowed shall not be used
again in any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
2. Request for Temporary Shift Adjustment (Flex Time)
An employee may request that the employee's normal workday be temporarily altered in
order to accumulate a credit of work hours that may be used to take time off during the
employee's FLSA work week and same pay period without loss of pay. If the request is
approved by management, pay for hours worked during this temporary shift adjustment
shall be paid at the straight time rate. The FLSA work week for employees on a 9/80
9 March 27, 2018 Item #2 Page 17 of 236
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). For all others the work week is
from Monday at 12:00 a.rn. to Sunday at 11 :59 p.rn.
3. Call Back Pay
Call back duty occurs when an employee is requested and accepts the request to return to
duty on a non-regularly scheduled work shift. Call back does not occur and regular
overtime rules and pay apply (e.g., no minimum) when an employee is held over from
his/her prior shift or is working prior to his/her regularly scheduled shift or if the
assignment has been scheduled in advance and the employee is provided with at least
twenty four (24) hours notice of said assignment.
Corning Back To Work
If the employee has to come to work to resolve the problem, (i.e., the work is not
completed remotely via phone/computer) the employee called back to duty shall be
credited with a minimum of two (2) hours work commencing at the time the employee
begins their commute to work. The employee shall be paid for travel time to and from
the call back assignment up to a maximum total travel time (to and from) of three (3)
hours. Travel time is included as part of the call back minimum compensation. Mileage
reimbursement for expenses to the work site will not be compensated.
Some example scenarios are shown below.
Example 1
Time spent commuting to work is 2 hours
Time spent at work is 1 hour
Time spent commuting back home is 2 hours
Total paid time for this scenario would be 4 hours (maximum 3 hours for
commute/travel time plus 1 hour at work).
Example 2
Time spent commuting to work is 15 minutes
Time spent at work is 30 minutes
Time spent commuting back home is 15 minutes
Total paid time for this scenario would be 2 hours (the minimum call back pay).
Example 3
Time spent commuting to work is 1 hour
Time spent at work is 1 hour
Time spent commuting back home is 1 hour
Total paid time for this scenario would be 3 hours.
Performing the Work Remotely
If the work is performed remotely via phone/computer the employee shall be credited for
a minimum of thirty (30) minutes work commencing at the time the employee begins the
callback work. If an employee receives multiple calls/messages and completes the work
related to all of those calls/messages remotely and via phone/computer within the same
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thirty (30) minute period, the employee shall be credited for a minimum of thirty (30)
minutes work.
4. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect,
subject to department approval, to receive compensatory time off on a time and one-half
basis. No employee shall accrue more than eighty (80) hours of such compensatory time.
Should any employee exceed eighty (80) hours of accrued compensatory time, he/she
shall be paid at time and one-half his/her regular rate.
An employee may use such compensatory time within a reasonable period after making
the request if the use of compensatory time does not unduly disrupt the operations of the
department.
At any time an employee may elect to "cash out" any portion of his/her accrued
compensatory time balance at his/her regular rate of pay by requesting this "cash out" on
his/her time card. Upon separation from the city service an employee who has a balance
of unused compensatory time shall be paid out the remainder of their compensatory
balance.
5. Overtime Authorization
All overtime requests must have the prior authorization of a supervisor prior to the
commencement of such overtime work. Where prior written authorization is not feasible,
explicit verbal authorization must be obtained. Calls for service beyond the end of duty
time are considered as authorized.
6. Clothes Changing
Employees are not authorized to wear their uniforms or any part thereof that is
distinguishable as such unless on duty. Each employee is provided with a locker for
his/her own personal convenience. An employee may or may not utilize the locker for
storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from
his/her residence and work.
Nothing herein prevents an employee from wearing his/her uniform while conducting
personal business during lunch time.
Time spent in changing clothes before or after a shift, is not considered hours worked and
is not compensable in any manner whatsoever.
7. Training Time
Training time outside normally scheduled work hours shall be compensated pursuant to
Code of Federal Regulations (CFR), Section 785.27, et seq.
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Travel time outside normally scheduled work hours shall be compensated pursuant to
CFR Section 785.33, et seq.
When feasible, the Department will adjust the employee's work schedule to minimize the
impact of travel and training time.
Travel time to and from local work-related training either before, during or after regularly
scheduled work hours shall be compensated for all CCEA employees regardless of
whether the employee is a driver or passenger. For the purposes of this section, "local"
refers to work related training taking place in San Diego, Imperial, Orange, Riverside,
San Bernardino and Los Angeles Counties.
8. City Vehicle Use
Employees who are provided with a City vehicle to travel to and from work shall not be
compensated in any manner whatsoever for such travel time in the City vehicle. Refer to
Administrative Order No. 3 for more information regarding use of City vehicles.
This provision also applies in those situations where the radio must be left on and
monitored.
9. Court Pay
When an employee is physically called to court for City-related business, while off duty,
he/she shall be credited on an hour for hour basis for the time actually spent in court. An
employee shall be credited with a minimum of two (2) hours for the court appearance.
Travel time shall not be considered hours worked and shall not be compensated in any
manner whatsoever.
10. Standby Pay
"Standby assignment" requires an employee to:
a. Review and confirm receipt of the standby assignment schedule within the
deadlines established by the applicable department;
b. Carry a cellular phone during standby assignment;
c. Respond to a call/message promptly without delay. If an employee has arranged
for another employee to respond, the employee must notify the supervisor, the
department, and dispatch of the name of the substitute employee who will
respond. Callback shall be handled in accordance with each department's
standby/callback policy;
d. Each department's standby/callback policy shall be developed and submitted to
Association representatives for meeting and conferring. In addition, the City shall
provide training for the supervisors and managers responsible for
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administering departmental standby/callback policies and shall also provide
orientation for all employees subject to the standby/callback policies;
e. Abide by the City's Alcohol and Drug Policy as specified in Article 40 of this
agreement during standby assignment; and abide by the rules and regulations set
forth by the Department of Transportation (DOT);
f. Wear appropriate clothing, safety equipment, and any other form of City
identification as defined by the department when making a callback response
from standby assignment;
g. Accept $35.00 per day for each day on standby assignment.
h. Acknowledge and agree that time on standby assignment is not considered to be
compensable work time for purposes of the Fair Labor Standards Act (FLSA);
provided, however, (1) individuals have not waived any rights they may have
outside of this contract under the FLSA; and (2) neither the fact of these
negotiations nor the changes negotiated in this agreement shall be used by either
party or by any individual to the prejudice of the other party in any grievance or
complaint outstanding as of the time of this agreement.
1. The Information Technology Department will implement standby duty upon
ratification of this MOU and in accordance with the Information Technology
Department Standby Policy dated February 23, 2018.
Article 15 Working Out of Classification and Temporary Upgrade Pay
Whenever the 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) calendar days, the employee shall be
designated as being in an out-of-class assignment and shall receive additional temporary upgrade
pay while in the out-of-class assignment. 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. Subsequent to designation in an out-of-class assignment, in the event
that the situation changes and the City does not need the employee to serve in an out-of-class
assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive the
temporary upgrade pay for that period of time the out-of-class assignment lasts. In the event that
at the beginning of an out-of-class assignment, it is not perceived that the assignment will last at
least twenty-one (21) consecutive calendar days, and the assignment nonetheless extends beyond
twenty-one (21) consecutive calendar days, the employee in the assignment shall receive the
temporary upgrade pay retroactive to the first day of the acting assignment.
No employee shall be required to perform any of the duties of a higher classification unless that
employee is deemed to possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the affected Department Head. Exceptions to
the minimum qualifications criteria may be recommended by the affected Department Head 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% temporary upgrade pay.
13 March 27, 2018 Item #2 Page 21 of 236
The temporary upgrade pay shall commence on the first (1st) calendar day of the temporary out-
of-class assignment. The recommendation that an employee be placed in an out-of-class
assignment shall be put in writing by the affected Department Head and submitted to the Human
Resources Director for approval. The employee shall not serve for more than one hundred and
eighty (180) calendar days in an out-of-class assignment unless approved by the City Manager or
his/her designee.
If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the
city) for more than twenty-one (21) calendar days, the temporary upgrade pay associated with
their out of class assignment shall cease on the twenty-second (22nd) day. On the day that the
employee returns to work, if the supervisor determines that the employee is required to continue
to perform the duties of the out of class assignment, the temporary upgrade pay will resume as of
the day the employee returns to work.
A person appointed in an out-of-class assignment shall be eligible to receive merit increases in
his/her regular position during the out-of-class assignment. The Human Resources Director shall
obtain the employee's consent for the temporary performance of any of the duties of the higher
classification beyond a period of twenty-one (21) calendar days, prior to the employee's
assuming or continuing the duties and additional compensation, which consent 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.
The Association may present to the Human Resources Director specific facts which support that
an employee is performing the duties of a higher classification. The Human Resources
Department will conduct a study and provide the Association with the findings of the
classification study. Should the study determine the duties to be of a higher, lower or
comparable existing classification, a proposed solution to the situation will be offered. The
proposed solution may include, among other alternatives, that the work be managed in an
alternative manner or that the position be reclassified to reflect the work being performed. The
reclassification of a position will be approved in accordance with the personnel rules.
Article 16 Injured on Duty
Occupational Sick Leave is leave with pay that is granted to employees who have sustained a
work related injury or illness and are temporarily disabled from work.
Any general employee that sustains a work related injury or illness and becomes temporarily
disabled from work as a result, may receive their full salary, in lieu of the State mandated
temporary disability benefit, for a period ofup to forty-five (45) calendar days for any single
incident. The periods of temporary disability need not be continuous. Any aggravation of a pre-
existing occupational injury or illness will be treated as such and not as a new injury. In this
situation, the employee will not be entitled to any occupational sick leave benefit which exceeds
the original maximum of forty-five (45) calendar days. The City reserves the right to determine
whether occupational sick leave will be granted. Granting of occupational sick leave will be
subject to the same procedures and standards (including pre-designated physicians, resolution of
disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers' compensation
matters and/or FMLA/CFRA matters.
14 March 27, 2018 Item #2 Page 22 of 236
An employee who is still temporarily disabled after the forty-five (45) calendar days have been
exhausted will be paid at the rate established by the California Labor Code for such disabilities.
However, the City shall supplement the State rate, up to the employee's full salary level, by
utilizing any vacation, sick, or compensatory leave that the employee has accrued. Once the
employee's accrued leave has been exhausted, the employee will be compensated at the State
rate for the balance of the temporary disability period.
Wages alone will be the basis of computation for occupational sick leave.
Article 17 Bilingual Pay
The City will provide additional compensation to an employee, designated by the Human
Resources Department, in the amount of $40.00 per pay period for the performance of bilingual
skills. The determination of the number of persons/positions to be designated as bilingual is the
sole discretion of the City.
In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test
in the Spanish language as determined appropriate by the City.
This Article shall not be subject to the grievance procedure.
Article 18 Uniforms and Equipment
A. The City shall continue to provide and maintain uniforms in the maintenance
departments.
B. Employees shall be responsible for proper care and maintenance of uniforms.
C. Except for reasonable travel time to and from work, uniforms shall not be worn outside
the context of performing maintenance functions while on duty or as otherwise acting as
an agent of the City.
D. The City shall continue to purchase safety boots or safety shoes for classifications as
determined by the City. The City shall establish, subject to consultation with the affected
employees, a voucher system to purchase safety footwear from City-approved vendors.
Individual acquisitions made outside the voucher system must be pre-approved for
reimbursement after review by the employee's supervisors.
Acquisition of safety footwear shall be limited to a maximum of two (2) times per year
not to exceed a cost of one hundred fifty dollars ($150) per acquisition. In special
circumstances as determined and pre-approved by the employee's supervisor, safety
footwear acquisition requiring an expenditure over one hundred fifty dollars ($150) may
be made one (1) time per year, not to exceed a cost of two hundred dollars ($200).
E. The City will reimburse any employee who is required to wear safety glasses and/or
goggles up to one hundred seventy-five dollars ($175) in a calendar year for the cost of
prescription lenses for such glasses and/or goggles, subject to the following conditions:
15 March 27, 2018 Item #2 Page 23 of 236
1. The employee must present an appropriate receipt;
2. Reimbursement is for lenses only and not for eye examination, treatment or visits
to an optometrist or optician;
3. The City will provide reimbursement only for glasses and/or goggles if the
prescription has changed or if glasses and/or goggles have been damaged; and
4. Glasses and/or goggles for which the City has provided reimbursement shall only
be used while performing work for the City.
F. Value of Uniforms reported to CalPERS
The City shall report the biweekly amount of $1.92 as special compensation related to the
monetary value of the required uniforms for employees in the following positions:
1. Building Maintenance Worker I/II
2. CMWD Construction & Maintenance Worker II
3. CMWD System Operator II
4. CMWD Water Conservation Specialist
5. Cross Connection Control Technician
6. Custodian /Custodian II
7. Environmental Specialist I/II
8. Equipment Service Worker
9. Equipment Technician I/II
10. Lead Equipment Technician
11. Maintenance Aide in the Parks Division
12. Maintenance Worker in Parks and Streets Departments
13. Meter Services Worker I/II/III
14. Park Maintenance Specialist
15. Park Maintenance Worker II/III
16. Sanitation Systems Operator I/II/III
17. Scada Technician
18. Senior Building Maintenance Worker
19. Senior Cross Connection Control Technician
20. Senior Environmental Specialist
21. Storm Drain Maintenance Worker
22. Street Maintenance Worker I/II/III
23. Tree Trimmer I/II
24. Tree Trimmer Leadworker
25. Utility Worker I/II/III
26. Warehouse Technician
27. Water Conservation Specialist
28. Water Systems Operator I/II/III
Under PEPRA, this benefit is not reported to CalPERS as special compensation for new
members.
16 March 27, 2018 Item #2 Page 24 of 236
Article 19 Tool Reimbursement
This article applies only to eligible employees in the following job classifications who furnish
their own tools as a condition of employment: Lead Equipment Technician, Equipment
Technicians and Equipment Service Workers.
Employees in the job classifications mentioned are required to provide their own tools on the job
as a condition of employment. The employees are further eligible to receive a cash tool
reimbursement provided that the conditions for receiving the reimbursement are met.
Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of
the City facility or some other catastrophe or accident not due to the employee's negligence or
fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all
the tools in the employee's possession at work, including those tools over and above the
"essential tool list," must be on file with the Superintendent. The City has the right to request
that a specialized tool(s) not be kept in the employee's inventory.
The City will reimburse the employees in the above classifications up to five hundred fifty
($550) dollars in a fiscal year for the cost of tools, subject to the following conditions:
1) The employee must present an appropriate original receipt;
2) Such reimbursement will be paid only once during the fiscal year, by September 30, and
cannot be accumulated from year to year.
Those expenses not documented by an original receipt, up to the five hundred fifty ($550) dollar
maximum, will be incorporated into the employee's regular payroll check and treated as taxable
mcome.
It is the responsibility of the Management to direct the administration of the tool reimbursement
and:
A. Provide a list of "essential tools" which define the full inventory of tools required for
employees to be eligible for tool reimbursement.
B. Recommend revisions to the "essential tools" and to meet the requirements of current
skilled trades technology.
C. Informally agree with members of the shop when considering adding tools to the
"essential tool list."
Employees receiving a tool reimbursement shall allow inspection of personal tool box by
supervisor to verify outfitting of tools. The eligible employee during each work shift must have
all the tools listed as "essential tools." Failure to keep said tools on site will result in the tool
reimbursement being withheld from the individual until such time as the employee comes into
possession of all "essential tools."
17 March 27, 2018 Item #2 Page 25 of 236
The appropriate supervisor during the month of August will:
A. Review the personal tool inventory as meeting the requirements of "essential tools."
B. Provide a recommendation to the Superintendent of an alternate tool as a substitute for
the tool listed on the "essential tools" list on an item-by-item basis.
In September of each year, the Superintendent shall prepare the necessary payable documents to
provide for payment of the tool reimbursement to eligible employees.
Article 20 Vacation
Every probationary and regular full time employee shall accrue vacation leave for each calendar
year of actual continuous service dating from the commencement of said service, with such time
to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15 minute
increments.
A. Basis of Accrual
Accrual of vacation begins with the first working day following appointment and
thereafter accrues on a daily basis. The following shall be the annual vacation leave
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 employment through the completion often (10)
full calendar years of continuous service -20 minutes/day.
• Beginning the eleventh (11th) year of employment through the completion of
eleven (11) full calendar years of continuous service -21 minutes/day.
• Beginning the twelfth (12th) year of employment through the completion of
twelve (12) full calendar years of continuous service -22 minutes/day.
• Beginning the thirteenth (13th) year of employment through the completion of
thirteen (13) full calendar years of continuous service -24 minutes/day.
• Beginning the fourteenth (14th) year of 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.
18 March 27, 2018 Item #2 Page 26 of 236
B. Vacation Accrual Maximum
All employees shall be entitled to earn and accrue up to and including three hundred and
twenty (320) hours of vacation, and no employee will be allowed to earn and accrue
vacation hours in excess of the three hundred and twenty (320) hour maximum.
Department Heads shall encourage the taking of accrued vacation leave. 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 Department Head and the City
Manager. The Department Head and the City Manager may grant such 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.
C. Vacation Conversion
Once in each February, during a pay period to be determined by the City Manager or
his/her designee, employees will be allowed to voluntarily convert up to eighty (80) hours
of accrued vacation to cash, provided that they have used at least eighty (80) hours of
vacation during the prior calendar year.
D. Effects of Holiday on Vacation Leave
In the event one or more authorized municipal holidays fall within a vacation leave, such
holiday shall not be charged as vacation leave, but shall be credited as a holiday.
E. Effect of Leave of Absence on Accrual of Vacation Leave
Refer to Article 25 .3 for the effect of a leave of absence on vacation accrual.
F. Compensation for City Work During Vacation Prohibited
No person shall be permitted to work for compensation for the City in any capacity,
except compensation for mandated court appearances, during the time of his/her paid
vacation leave from City service. This clause shall not limit the City's right to recall an
employee from vacation in the event of an emergency and place him/her on regular pay
status.
G. Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year,
contingent upon determination by his/her Department Head that such absence will not
materially affect the department. Each employee must consider the needs of the service
when requesting annual vacation leave. An employee shall normally provide one week
notice in advance of the day(s) he/she is requesting vacation time off. When a family
emergency arises which necessitates the use of vacation time, an employee shall provide
as much advance notice as possible considering the particular circumstances.
H. Vacation Payout
An employee separating from the City service who has a balance of unused accrued
vacation leave shall be entitled to be paid for the remainder of their unused accrued
19 March 27, 2018 Item #2 Page 27 of 236
vacation leave as of their last day on payroll. When separation is caused by death of an
employee, payment shall be made to the estate of such employee or, in applicable cases,
as provided in the Probate Code of the State.
Article 21 Holidays
A. Authorized Holidays
The City shall observe eleven (11) scheduled paid holidays. The scheduled paid holidays
that will be official City holidays shall be 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
Only those who are on employed status on their last scheduled work day before a holiday shall
be entitled to the paid holiday except where otherwise required by law.
Effective July 1, 2018, all CCEA employees will receive one floating holiday per fiscal year,
each year on July 1st.
Effective July 1, 2019, all CCEA employees will receive two floating holidays per fiscal year,
each year on July 1st.
The floating holiday may be used at the discretion of the employee with prior approval of the
Department Head. The floating holiday must be taken as a full day off. There is no partial day
use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of
hours in the employee's regular work shift on that day. Unused floating holidays will not carry
over to the next fiscal year and will not paid out upon separation of employment.
B. Procedure if Holiday Falls on Saturday or Sunday
When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.
When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.
The City shall annually develop and publish a holiday schedule which will identify the
specific days on which the above holidays will be observed as official City holidays.
C. When a Holiday Falls on a Regularly Scheduled Work Shift
When a holiday falls on an employee's regularly scheduled work shift, the employee is
entitled to be absent that day and receive holiday pay at straight time equal to the number
of hours in his/her regular work shift.
If the employee's supervisor requests that the employee work on that holiday, the
employee may, with the supervisor's approval, choose one of the following two options.
20 March 27, 2018 Item #2 Page 28 of 236
Option 1: The employee may be absent on another regularly scheduled work shift
in the same work week as the holiday. The holiday pay is paid at straight time
equal to the number of hours in the employee's regular work shift. This does not
result in any overtime pay or additional pay. In this case, the City published
holiday becomes a regularly scheduled work shift and, if the employee calls in
sick, on that day, they shall be charged for the appropriate use of sick leave.
Option 2: The employee shall receive overtime at a rate of time and one half of
their regular rate of pay for the actual hours worked on the holiday plus the
holiday pay at straight time equal to the number of hours in his/her regular work
shift. An employee who chooses this option will not receive any paid time off for
the holiday. "
D. When a Holiday Falls on an Employee's Regular Day Off
When a holiday occurs on a day which is the employee's regular day off, the employee is
entitled to be absent on their next regularly scheduled work shift immediately following
the holiday (i.e., their next regularly scheduled work shift becomes their designated
holiday).
If the employee's supervisor requests that the employee work on their designated holiday
(i.e., the next regularly scheduled work shift immediately following the City's published
holiday), the employee may, with the supervisor's approval, choose one of the following
two options.
Option 1: The employee may be absent on another regularly scheduled work shift
in the same work week as the holiday. The holiday pay is paid at straight time
equal to the number of hours in the employee's regular work shift. This does not
result in any overtime pay or additional pay. In this case, the City published
holiday becomes a regularly scheduled work shift and, if the employee calls in
sick, on that day, they shall be charged for the appropriate use of sick leave.
Option 2: The employee shall receive overtime at a rate of time and one half of
their regular rate of pay for the actual hours worked on their designated holiday
plus the holiday pay at straight time equal to the number of hours in his/her
regular work shift. An employee who chooses this option will not receive any
paid time off for the holiday.
E. Employees on Leave
Refer to Article 20 and Article 22 for information regarding the impact of holidays on
vacation and sick leave.
Article 22 Sick Leave
Sick leave can be used in 15 minute increments.
21 March 27, 2018 Item #2 Page 29 of 236
A. Accrual
Every probationary and regular full time employee shall accrue sixteen (16) minutes sick
leave with pay for each calendar day of actual continuous service dating from the
commencement of said service, with such time to be accrued on a daily ( calendar day )
basis. Such accruals shall be cumulative. An employee shall not receive payment for
unused sick leave accumulated to his/her credit upon termination, whether voluntary or
involuntary.
Sick leave shall not be considered a right which an employee may use at his/her
discretion. Sick leave shall be allowed as follows:
1. In the case of actual illness or disability that is not job related.
2. Exposure to contagious disease that would jeopardize the health of others. When
sick leave is granted under these circumstances, an explanatory medical certificate
from the physician is required.
3. A pre-scheduled doctor, dental, or optometry appointment has been approved by
the employee's direct supervisor.
4. Because illness of a member of the immediate family requires constant care and
no other care is available and/or financially feasible except that of the employee.
Immediate family is defined in Article 23, Bereavement.
5. All leave provisions will be administered consistent with state and federal laws.
B. Proof of Illness
In order to receive compensation while absent from duty on sick leave, the employee
must notify his/her immediate supervisor prior to the time set for the beginning of his/her
regular duties. The Department Head may request a certificate issued by a licensed
physician or other satisfactory proof of illness when abuse is suspected and/or when sick
leave use is in excess of three (3) consecutive work days. The Department Head may also
designate a licensed physician to conduct a physical examination, and such examination
shall be conducted at City expense. Employees shall be required to account for all hours
they are requesting as sick leave by completing an absence request. Violation of sick
leave privileges may result in disciplinary action and/or loss of pay when in the opinion
of the Department Head the employee has abused such privileges.
C. Effect of Leave of Absence
Refer to Article 25 .3 for the effect of a leave of absence on sick leave accrual.
22 March 27, 2018 Item #2 Page 30 of 236
D. Blood Donations
Employees making a donation of blood without charge will be given reasonable time off
for that purpose. No charge will be made against accrued leave when such absence is
approved in advance by the supervisor.
E. Effect of Holidays on Sick Leave
In the event one or more authorized municipal holidays fall within a sick leave, such
holiday shall not be charged as sick leave, but shall be credited as a holiday.
F. Sick Leave Conversion
Any permanent employee who has accrued and maintains a minimum of one hundred
(100) hours of sick leave shall be permitted to convert up to twelve (12) days of
accumulated uncompensated sick leave to vacation at a ratio of three (3) sick leave days
per one (1) day of vacation. The sick leave conversion option will be provided during the
first week of each fiscal year. Employees will not be allowed to convert sick leave to
vacation if such conversion would put them over the vacation accrual maximum of three
hundred and twenty (320) hours.
Any permanent employee applying for retirement with the Public Employees' Retirement
System may convert accrued and unused sick leave time to extend service time in the
system at the ratio of twenty-five (25) days of accrued sick leave to one month of
extended service.
Article 23 Bereavement Leave
A. An employee shall be granted, upon written request, up to three work shifts of paid
bereavement leave if required to be absent from duty due to the death of a member of the
employee's immediate family. Additional time off may be authorized by the Department
Head and charged to accrued vacation or sick leave or, when no accrued leave is
available, treated as leave without pay.
The "immediate family" shall be defined in the personnel rules and regulations.
B. The employee may be required to submit proof ofrelative's death before final approval
of bereavement leave is granted.
Article 24 Family and Medical Leave Acts
The parties acknowledge the existence of the state and federal family and medical leave acts
("the Acts") and intend to apply and implement this Memorandum of Understanding so as to
comply with the Acts. As to employees who are entitled to family and medical leave under the
Acts, the City will apply "Article 25 Leave of Absence," as modified to comply with greater
benefits and protections, if any, that are provided in the Acts. The parties agree to consult if
compliance with the Acts may hereafter require modifying the provisions of this Memorandum
of Understanding.
23 March 27, 2018 Item #2 Page 31 of 236
Article 25 Leave of Absence
1. Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
approval of his/her Department Head for less than two calendar weeks. If the
duration of the leave of absence will be longer, the approval of the City Manager
or his/her designee is required.
An employee shall utilize all his/her vacation, compensatory time off and/or sick
leave (if applicable) prior to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
1. Illness or disability.
2. To take a course of study which will increase the employee's usefulness
on return to his/her position in the City service.
3. For personal reasons acceptable to the City Manager and Department
Head.
B. Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall state
specifically the reason for the request, the date when the leave is desired to begin,
the probable date of return, and the agreement to reimburse the City for any
benefit premiums paid by the City during the leave of absence. The request shall
normally be initiated by the employee, but may be initiated by his/her Department
Head, and, if applicable, shall be promptly transmitted to the City Manager or
his/her designee for approval. A copy of any approved request for leave of
absence without pay with a duration equal to or greater than two calendar weeks
shall be delivered promptly to the Directors of Finance and Human Resources.
C. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed six
months, unless otherwise approved by the City Manager. The procedure for
granting extensions shall be the same as that in granting the original leave
provided that the request for extension is made no later than fourteen (14)
calendar days prior to the expiration of the original leave.
24 March 27, 2018 Item #2 Page 32 of 236
D. Return From Leave
When an employee intends to return from an authorized leave of absence without
pay either before or upon the expiration of such leave, he/she shall contact his/her
Department Head at least fourteen (14) calendar days prior to the day he/she plans
to return. The Department Head shall promptly notify the Human Resources
Department of the employee's intention. The employee shall return at a rate of
pay not less than the rate at the time the leave of absence began.
E. Leave Without Pay -Insurance Payments and Privileges
An employee on leave without pay may continue his/her City insurance benefits
by reimbursing the City for the employee's costs of insurance on a monthly basis
during the period of the leave. Failure to reimburse the City for such benefits
during the term of a leave of absence will result in the employee's coverage
terminating on the first day following the month in which the last payment was
received.
Upon the employee's return to paid status, any sums due to the City shall be
repaid through payroll deductions. This applies to sums due for insurance as well
as other payment plans entered into between the City and the employee ( e.g.,
computer loan).
Upon eligibility for COBRA, the employee will be notified of the opportunity to
continue benefit coverage via the COBRA process.
An employee on leave of absence without pay shall not have all of the privileges
granted to regular employees ( e.g., holiday pay), unless required by law.
2. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance with
the provisions of State and Federal law. An employee disabled by pregnancy shall be
allowed to utilize a combination of accrued sick leave, vacation, compensatory time and
leave without pay to take a leave for a reasonable period of time, not to exceed four
months. An employee shall utilize all accrued leave, except compensatory time off, prior
to taking leave without pay. Reasonable period of time means that period during which
the employee is disabled on account of pregnancy, childbirth, or related conditions.
An employee who plans to take a leave pursuant to this article shall give the City
reasonable notice of the date the leave shall commence and the estimated duration of the
leave.
3. Extended Leave of Absence
Upon completion of 84 consecutive calendar days (12 weeks) of leave of absence (paid or
unpaid and except when leave is ordered by the city or when an employee is on an active
duty military leave) an employee will not be eligible for the benefits listed below:
25 March 27, 2018 Item #2 Page 33 of 236
• accrual of sick leave and vacation and
• cell phone allowance.
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
vacation anniversary date and seniority ( calculation of continuous service with the City)
will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive
calendar days.
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 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.
Article 26 Military Leave
Military leave shall be authorized in accordance with the provisions of State and Federal law.
The employee must furnish satisfactory proof to his/her Department Head, as far in advance as
possible, that he/she must report to military duty.
Article 27 Jury Duty
When called to jury duty, an employee, having provided at least seven (7) calendar days written
notice, shall be entitled to his/her regular compensation. Employees shall be entitled to keep
mileage reimbursement paid while on jury duty. A Department Head may, at his/her sole
discretion, contact the court and request an exemption and/or postponement of jury service on
behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the work day. At the discretion of the supervisor, an employee may be released from
reporting back to work if an unreasonable amount of the work day remains in light of travel time
to the job site after release.
Article 28 Rest Periods
All CCEA represented employees shall receive, at the direction of the respective department, two
(2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half
shift. Employees working in the field shall take, at the direction of the department, rest periods
at or nearby the work site or return to their department for rest. Rest time is not cumulative
beyond the half scheduled work day within which the break period occurs.
Article 29 Late Starts
An employee who is tardy to work shall be formally counseled by his/her supervisor. Tardiness
may cause the employee's pay to be docked. Such docking shall be done by rounding to the
26 March 27, 2018 Item #2 Page 34 of 236
nearest quarter hour. An employee may not substitute accrued compensatory time, vacation,
holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break
period or lunch period.
Article 30 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
receive a five percent (5%) salary increase upon reclassification to the journey level position. If
a five percent (5%) salary increase would result in a salary that is below the pay range minimum
of the journey level position, the employee's salary will bet set equal to the pay range minimum.
Entry Level Position
Account Clerk I
Technician I
Engineering Technician I
Library Assistant I
Maintenance Worker I
Maintenance Worker I
Meter Services Worker I
Office Specialist I
Planning Technician I
Police Records Specialist I
Tree Trimmer I
Journey Level Position
Account Clerk II
Building Technician II
Engineering Technician II
Library Assistant II
Park Maintenance Worker II
Street Maintenance Worker II
Meter Services Worker II
Office Specialist II
Planning Technician II
Police Records Specialist II
Tree Trimmer II
An employee hired into one of the entry level positions listed below shall be reclassified to the
journey level position following twenty-four (24) 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 receive a five percent (5%) salary increase upon reclassification to the journey level
position. If a five percent (5%) salary increase would result in a salary that is below the pay
range minimum of the journey level position, the employee's salary will bet set equal to the pay
range mm1mum.
Entry Level Position
Building Inspector I
Code Compliance Specialist I
Inspector I
Equipment Technician I
Sanitation Systems Operator I
Utility Worker I
Water Systems Operator I
Waste Water Utility Worker I
Journey Level Position
Building Inspector II
Code Compliance Specialist II
Inspector II
Equipment Technician II
Sanitation Systems Operator II
Utility Worker II
Water Systems Operator II
Waste Water Utility Worker II
27 March 27, 2018 Item #2 Page 35 of 236
Article 31 Flexible Start Hours
CCEA represented employees, with advance Department Head approval, may alter their starting
time per shift between the hours of 6:00 a.m. and 9:00 a.m. The Department Head may revoke
the flexible start time at any time and return the employee to regular working hours for that
particular department. An employee shall receive fourteen (14) calendar days' notice, unless
extenuating circumstances preclude such a notice, prior to revocation of flexible start hours.
This article is not subject to the grievance procedure.
Article 32 Alternative Work Schedules and Shift Changes
Employees hired on or after December 23, 1991 shall be subject to having their daily work
schedule changed at the sole discretion of the department. Such changes include, but are not
limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b)
normal days off; and c) starting/ending times of assigned shifts.
The hours of work of the office or facility shall be established by the appointing authority and
may be changed to meet operational or other requirements upon at least forty-five ( 45) calendar
days notice to the affected employees unless there is a mutually agreed upon shorter notice
period.
The City shall notify the Association and any affected employees of any proposed schedule
change at least forty-five ( 45) calendar days prior to its implementation to allow the parties to
meet and discuss on the impact of said schedule change, if requested by the Association. If the
Association desires to meet and discuss impacts, the Association shall give written notice to the
City's Human Resources Department within seven (7) calendar days of receipt of the notice of
the proposed schedule change. The Association agrees that these discussions are not meet and
confer, nor subject to all the requirements of meet and confer (for example, the City need not
negotiate to impasse and need not exhaust impasse procedures prior to implementing a schedule
change).
The impacted employee shall have the opportunity to propose an alternate work schedule. The
City shall have complete discretion in determining whether or not to allow an alternate work
schedule and the City's decision and the impact of its decision shall be excluded from the
grievance procedure.
9/80 Alternative Work Schedule:
The parties acknowledge that they met and conferred in good faith over the terms and conditions
for implementation of a 9/80 work schedule. The result of that meeting and conferring is
reflected in the City of Carlsbad's Administrative Order No. 57, by which the parties will control
implementation of the 9/80 schedule. This article shall not be subject to the grievance procedure.
Article 33 Flexible Job Sharing
Two or more employees may, with the express written approval of the City Manager, the Human
Resources Director, and the affected Department Head, participate in a flexible job sharing
program. The specifics of such a program shall be determined by the employees and the City on
28 March 27, 2018 Item #2 Page 36 of 236
a case by case basis. Prior to implementation of any such program( s ), a written agreement
setting forth the specifics of the program shall be signed by the affected employees and the City.
This article shall not be subject to the grievance procedure.
Article 34 Health Insurance/Flexible Benefits Program
Employees represented by CCEA will participate in a flexible benefits program that includes
medical insurance, dental insurance, vision insurance, and flexible spending accounts (FSAs).
Each of these components is outlined below.
A. Medical Insurance
A 1. Employees represented by CCEA 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 C 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 emoll for medical benefits, the employee must select one medical plan from
the variety of medical plans offered through CalPERS. Effective the pay period that
includes January 1, 2018, the City will contribute the following monthly amounts (called
Benefits Credits) on behalf of each active CCEA employee and eligible dependents
toward the payment of 1) medical premiums under the CalPERS Health Program, 2)
contribution of some or all of the premium for dental coverage or vision coverage and 3)
contributions in the name of the employee to the City's flexible spending account(s):
(a) For employees with "Employee" coverage, the City shall contribute five
hundred seventy-three ($573) 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" coverage, the City shall contribute
one thousand one hundred forty-six ($1,146) per month that shall include the
mandatory payments io CalPERS. If the actual total premiums exceed the
City's total contributions, the employee will pay the difference.
(c) For employees with "Family" coverage, the City shall contribute one thousand
five hundred two ($1,502) 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.
A2. Effective the pay period that includes January 1, 2019 and January 1, 2020, the City
monthly Benefits Credits will change for each coverage level. The monthly Benefits
Credits will be set to a dollar amount that equates to 80% of the average health (medical,
dental and vision) premium for Employee, Employee + 1 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.
29 March 27, 2018 Item #2 Page 37 of 236
A3. Effective the pay period that includes December 31, 2020, the City monthly Benefits
Credits will change for each coverage level. The monthly Benefits Credits will be set to
a dollar amount that equates to 80% of the average health (medical, dental and vision)
premium for Employee, Employee + 1 and Family coverage levels, rounded to the
nearest whole dollar based on the premiums that will take effect on January 1, 2021.
A4. 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 dental, vision, or accidental
death and dismemberment (AD&D) insurance or to contribute to a healthcare or
dependent care flexible spending account (FSA), instead of receiving taxable cash.
AS. All active CCEA-represented employees who work three quarter-time or less will receive
prorated Benefits Credits.
B. Dental Insurance
Represented employees will be eligible to emoll in or waive emollment in a City-
sponsored dental plan at any coverage level.
C. Vision Insurance
Represented employees will be eligible to emoll in or waive emollment in a City-
sponsored vision insurance plan at any coverage level.
D. Retirees
Each retired employee who was a member of this bargaining unit is eligible to be 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 emollment in the CalPERS Health Program when they retire,
provided that the individual is emolled or eligible to emoll 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 emollment in the CalPERS Health Program.
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
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 program.
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.
30 March 27, 2018 Item #2 Page 38 of 236
E. Waiver Provision
CCEA 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 pay period that includes January 1, 2018, employees who elect the waiver
provision will be given a reduced City contribution amount (Benefits Credits) of two
hundred eighty-six dollars and fifty cents ($286.50) per month to be used toward the
purchase of dental, vision, or accidental death and dismemberment (AD&D) insurance, as
a contribution to a flexible spending account or as cash (reported as taxable income). The
City contribution amount of two hundred eighty-six dollars and fifty cents ($286.50) 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, Employee Plus One,
Family).
The dollar amount paid by the City for employees who elect the waiver provision will
change in the first pay period of calendar year 2019, 2020 and in the pay period that
includes December 31, 2020. The Benefits Credits associated with waiving medical
coverage will be set equal to 50% of the Benefits Credits associated with Employee
medical coverage. If this results in a situation where the unused benefit credits associated
with any medical plan exceed the benefit credits associated with waiving medical
coverage, the benefit credits associated with waiving medical coverage will be set equal
to one dollar ($1) above the unused benefit credits associated with that medical plan.
Unused Benefits Credits as outlined above will be paid to the employee in cash and
reported as taxable income.
Article 35 State Disability Insurance/Family Medical Leave Benefits
A. Employees represented by CCEA will be enrolled in the State Disability Insurance
Program. (The City agrees to pay the premium.)
B. On January 1, 2004, the State Disability Insurance Program will provide for paid leave
benefits for employees who qualify for family medical leaves of absence. The employee
may elect to use accumulated vacation, sick leave or compensatory time off during the
seven day elimination period.
C. Employees represented by CCEA shall be entitled to combine accumulated sick leave,
vacation leave or comp time with State Disability payments for the purpose of achieving
the equivalent of their pre-disability salary to the extent allowed by law during any period
of nonindustrial disability. Under no circumstances shall the combination of accumulated
leave and State Disability Insurance payments exceed the employee's pre-disability
salary.
Article 36 Long Term Disability (LTD)
During the term of this memorandum, City agrees to continue to provide long term disability
msurance. Said insurance shall provide for a ninety (90) calendar day waiting period prior to
31 March 27, 2018 Item #2 Page 39 of 236
payment eligibility. Employees represented by CCEA shall be entitled to combine accumulated
vacation leave or comp time with LTD payments for the purpose of achieving the equivalent of
their pre-disability salary to the extent allowed by law during any period of nonindustrial
disability. Accumulated sick leave may not be combined with LTD payments. Under no
circumstances shall the combination of accumulated leave and LTD payments exceed the
employee's pre-disability salary.
Article 37 Retirement
A. The City has contracted with CalPERS for the following retirement benefits:
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 formula 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.
• Retirement formula shall be 2% @ 62; three year average final compensation.
B. 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:
• Miscellaneous employees subject to the 3%@ 60 benefit formula shall pay all of
the employee retirement contribution (8%).
• 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.
C. The City will continue to contract with CalPERS for the third level of 1959 Survivors'
Benefit.
32 March 27, 2018 Item #2 Page 40 of 236
D. The City shall continue to contract with CalPERS for the military service credit option.
The cost of this option is borne entirely by the employee. Payments by the employee to
CalPERS are to be arranged by the employee directly with CalPERS. Once such a
payment schedule has been approved by CalPERS, the employee may arrange with the
City for such payments to be made by means of payroll deduction
Article 38 Deferred Compensation
The City shall provide for a Deferred Compensation Plan which may be utilized by any
employee on an optional basis. The City reserves the right to accept or reject any particular plan
and to impose specific conditions upon the use of any plan. Such plan shall be implemented
without cost to the City.
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 a deferred compensation
loan.
Article 39 Dispute Resolution Procedure
The purpose of this procedure is to provide a single, uniform process for CCEA represented
employees to resolve disputes concerning grievances and discipline in an efficient manner and
without subsequent discrimination or reprisals. Any time limit provided under this Article may
be extended by mutual consent of the parties.
1. Applicability of This Article
Grievances and group grievances, as defined in Part 2 of this Article, may be appealed
under Parts 2 and 4 of this Article. The following types of discipline may be appealed
under Parts 3 and 4 of this Article: suspension of more than one work shift, reduction in
pay of more than one work shift, demotion and termination. Any regular CCEA
represented employee may appeal a letter of reprimand, suspension of one work shift or
less or reduction of pay of one work shift or less to his or her Department Head for a final
decision.
2. Grievances
A. Individual Grievances
A "grievance" is a formal, written allegation by a grievant that he/she has been adversely
affected by an existing violation, misinterpretation or misapplication of the specific
provisions of the Memorandum of Understanding and/or provisions of the Personnel
Rules and Regulations.
The City's exercise of management rights is not reviewable under this procedure unless
such exercise also violates other provisions(s) of the Memorandum of Understanding
and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would
require the modification of a policy established by the City Council or by law, or is
reviewable under some other administrative procedure and/or rules of the City, such as:
33 March 27, 2018 Item #2 Page 41 of 236
(1) Appeals from formal disciplinary proceeding.
(2) Appeals from work performance evaluations.
B. Group Grievances
Within thirty (30) calendar days after authorized representatives of the employee
organization knew or by reasonable diligence should have known of a condition giving
rise to a grievance, a group of employees may file a group grievance with the Human
Resources Department. CCEA, as an "organization," may also file a group grievance on
behalf of employees if CCEA 1) identifies the employees who are adversely impacted by
name and by classification, and 2) specifically identifies how these employees are being
adversely affected.
(1) The group of employees must file one (1) grievance form which all members
of the group have read and signed. Members of the group will be limited to
those who have read and signed the initial grievance form.
(2) Group grievances shall proceed through all normal grievance processes and be
subject to all applicable time limitations as set forth herein.
(3) The resolution of a group grievance may not be consistent among employees
who filed, read and signed the group grievance due to differences in the
circumstances or occurrences that brought about the grievance.
C. Informal Resolution
Within twenty (20) calendar days after an employee knew or reasonably should have
known that he or she has suffered a grievable injury, the employee shall attempt to
resolve the grievance by an informal conference with his or her immediate supervisor.
Within twenty (20) calendar days after an employee organization knew or reasonably
should have known that its members have suffered a grievable injury, it shall attempt to
resolve the matter by an informal conference with an appropriate immediate supervisor.
The Supervisor shall meet with the employee(s) or organization within ten (10) calendar
days of receiving the request for the meeting. The immediate supervisor shall give his or
her response to the employee or employee organization within twenty (20) calendar days
of the informal conference.
D. Department Head Review
If a grievance is not informally resolved, within twenty (20) calendar days after receiving
the immediate supervisor's response, the employee or employee organization shall
request in writing an opportunity to discuss the grievance with the Department Head. The
Department Head shall meet with the employee(s) or organization within ten (10)
calendar days of receiving the request for the meeting. The Department Head, or his/her
designee, shall give his or her response to the employee or employee organization in
writing within twenty (20) calendar days of the meeting.
34 March 27, 2018 Item #2 Page 42 of 236
E. City Manager Designee's Review
If a grievance is not resolved by the Department Head, within twenty (20) calendar days
after receiving the Department Head's response, the employee or employee organization
shall request in writing an opportunity to discuss the grievance with the City Manager's
Designee. The City Manager's designee shall meet with the employee(s) or organization
within ten (10) calendar days of receiving the request for the meeting. The City
Manager's Designee shall give his or her response to the employee or employee
organization in writing within twenty (20) calendar days of the meeting.
F. Permissible Relief
A grievance may only seek to remedy the specific injury caused by a violation,
misinterpretation or misapplication of the specific provisions of the Memorandum of
Understanding and/or provisions of the Personnel Rules and Regulations.
The City's exercise of management rights is not reviewable under this procedure unless
such exercise also violates other provisions(s) of the Memorandum of Understanding
and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would
require the modification of a policy established by the City Council or by law, or is
reviewable under some other administrative procedure and/or rules of the City, such as:
(1) If it would require the modification of a policy established by the City Council or by
law;
(2) If it is reviewable under some other administrative procedure and/or rules of the City
such as: appeals from formal disciplinary proceedings, appeals from work
performance evaluations, etc.
(3) If it calls exclusively for relief that cannot be granted such as discipline of other
employees or confidential information about other employees.
G. Service of Notice
A notice that a grievance has been resolved or a notice that a grievance raises a matter
that may not be addressed utilizing this procedure shall be served upon the employee via
e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the
notice shall be served upon the employee in person or by registered mail, and whenever
possible the employee shall acknowledge service by signing the receipt.
H. Resolved Disputes
A grievance is considered resolved under any of the following circumstances:
(1) When the City and employee agree to a resolution;
(2) When the employee fails to advance the matter to the next step of the
administrative procedure in the time specified herein for doing so;
35 March 27, 2018 Item #2 Page 43 of 236
(3) When the City has provided the relief sought by the employee that it is
legally capable of providing.
A grievance that has been resolved does not progress any further through the dispute
resolution process.
3. Discipline
A. Grounds For Discipline
The City has the authority to impose appropriate discipline upon any represented
employee for cause. Discipline shall be commensurate with the seriousness of the
offense and with consideration of the employee's prior performance and disciplinary
record. Grounds for discipline may include but are not limited to the following:
(1) Fraud in securing employment
(2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness,
working unauthorized overtime, disclosure of non-public, internal and/or
confidential, information or dishonesty.
(3) Being under the influence of alcohol or intoxicating drugs
while on duty.
(4) Absence without leave.
(5) Criminal conviction having some relevance to the job.
(6) Intentionally being discourteous to the public.
(7) Unauthorized use of or neglect of City property.
(8) Abuse of sick leave.
(9) Unauthorized outside employment that constitutes a conflict of interest
(10) Acceptance of a gift or gratuity that constitutes a willful conflict of interest.
(11) Falsification of any City report or record.
(12) Willful violation of any of the provisions of the City Code, ordinances,
resolutions or any rules, regulations or policies which may be prescribed by the
City Council, City Manager, department manager, or supervisor.
(13) Political activities precluded by State or Federal law.
(14) Failure to respond to questions or otherwise failure to participate during an
investigation conducted by the City or its agents.
(15) Other acts that are incompatible with service to the public.
B. Pre-Disciplinary Procedure
If a supervisor determines that an employee might be a threat to him or herself, other
employees or members of the public, the supervisor may immediately take whatever
action is necessary to reduce or eliminate the danger, but the employee shall retain the
right to notice and an opportunity to respond to discipline under this Article.
Except for any oral or written counseling, warning or reprimand, the Department Head or
his/her designee shall advise the employee and the Human Resources Director of
contemplated disciplinary action in a written Notice oflntended Discipline including a
description of the misconduct, the grounds for discipline, and the employee's right to
36 March 27, 2018 Item #2 Page 44 of 236
respond within seven (7) calendar days after the date of the Notice of Intended Discipline
and prior to the discipline being imposed. If the employee elects to respond, he or she
may have a representative and meet informally with the City Manager's designee,
without the right to bring witnesses or present a formal case. Within seven (7) calendar
days of the employee's response or failure to respond in a timely manner, the City
Manager's designee shall advise the employee in writing whether the proposed discipline,
modified discipline or no discipline is being imposed.
Any discipline will be announced in a written Notice of Discipline including a
description of the misconduct, the grounds for discipline and the right to appeal the
discipline using the administrative procedure under Part 4 of this Article.
C. Service of Notice
A Notice of Intended Discipline or a Notice of Discipline shall be served upon the
employee via e-mail (work and personal, if known). Ifreceipt of the e-mail notice is not
confirmed, the notice shall be served upon the employee in person or by registered mail,
and whenever possible the employee shall acknowledge service by signing the receipt.
4. Administrative Procedure
An employee may have both a legal representative of his or her choosing and a CCEA
representative of his or her choosing at any step of this administrative procedure. This
representative may at the employee's option be provided by an employee organization. If
the representative is a City employee, the employee seeking the representative shall
notify the representative's immediate supervisor and the City's Human Resources
Department in writing and the supervisor shall make the necessary arrangements for the
representative to be present at any hearing.
A. Step One -Filing an Appeal
If a grievance is not formally resolved or an employee seeks to appeal a suspension of
more than one work shift, reduction in pay of more than one work shift, demotion or
termination, within ten (10) calendar days ofreceiving the City Manager designee's
response to the grievance or the Notice of Discipline, the employee or employee
organization may file with the Human Resources Director an application for an advisory
hearing.
B. Step Two -Administrative Hearing
(1) Hearing Procedure
If the matter is subject to an advisory hearing, the City shall arrange if practicable
for the matter to be heard by a hearing officer within one hundred twenty (120)
calendar days of the date of the filing of the appeal with the Human Resources
Director. The hearing shall be scheduled for a time that is mutually convenient to
the parties and the hearing officer.
37 March 27, 2018 Item #2 Page 45 of 236
The advisory hearing shall be closed unless the employee or the employee
organization request that it be open to the public. In the case of an appeal of a
grievance, the parties shall equally bear the costs of the mandatory court reporter,
transcripts, hearing officer and facilities. Each party shall bear its own witness
fees, attorney fees and exhibit costs. In the case of an appeal of disciplinary
action, the City shall bear the costs of the mandatory court reporter, transcripts,
hearing officer and facilities. Each party shall bear its own witness fees, attorney
fees and exhibit costs.
The advisory hearing shall be limited to arguments, witness testimony and
exhibits offered by the parties. The hearing shall proceed according to an
Administrative Order regarding Rules of Procedure for Personnel Meetings and
Hearings. Such an Administrative Order will replace Personnel Board Resolution
19 to reflect that the Personnel Board is being replaced by a hearing officer in
matters of grievance and discipline.
(2) Hearing Officer
The employee or employee organization and the City may agree that the advisory
hearing will be conducted before a hearing officer mutually selected by the parties
from a list of hearing officers provided by a neutral third party. The selection of a
hearing officer will include a review of his/her background and qualifications
which will include experience as a labor attorney and/or mediator and/or
arbitrator affiliated with American Arbitration Association, State of California
Mediation and Conciliation Service or Judicial Arbitration Mediation Services
(JAMS).
(3) Permissible Relief
In the case of a grievance appeal, the hearing officer may only recommend that
the relief initially sought by the employee or employee organization be granted or
that the position of the City should be upheld.
In the case of disciplinary appeals, the hearing officer may recommend either that
the discipline imposed by the City be upheld, that a lesser discipline be imposed,
or that no discipline be imposed.
The advisory findings and recommendation of the hearing officer shall be
provided to the employee or employee organization.
C. Step Three-Final Determination
The advisory findings and recommendation, hearing transcript and exhibits concerning a
grievance or a disciplinary appeal shall be transmitted as soon as reasonably possible to
the City Manager for a final determination. The City Manager, or his/her designee, may
allow, at his or her discretion, limited oral arguments and/or written statements from
either side. Within thirty (30) calendar days of receiving all applicable documents or
38 March 27, 2018 Item #2 Page 46 of 236
hearing the oral arguments of the parties, whichever is later, the City Manager or his/her
designee shall make a final and conclusive written decision.
(1) For grievances, the City Manager, or his/her designee, shall either reject
the grievance or uphold the grievance and provide a remedy selected by
the City Manager, or his/her designee.
(2) For disciplinary appeals, the City Manager, or his/her designee, shall
make a final and conclusive written decision to uphold, modify or reject
the discipline.
D. Post-Hearing Procedure
The provisions of California Code of Civil Procedure Section 1094.6 shall apply to the
final determination of the City Manager.
Article 40 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 applicable State and Federal
law. The City of Carlsbad agrees to use a clinical laboratory which is certified by the
National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental
Health Services Administration (SAMHSA). All procedures and protocols for collection,
chain of custody and testing will be conducted consistent with standards required under
SAMHSA certification. This policy is intended to accomplish that objective.
A. Definitions -As Used in This Policy:
1. "Drug" means any substance which produces a physical, mental,
emotional or behavioral change in the user, including but not limited to,
prescription medications, heroin, cocaine, morphine and its derivatives,
P.C.P., methadone, barbiturates, amphetamines, methamphetamines,
alcohol, marijuana, and other cannabinoids.
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.
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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 nolo contendere ), if such conviction was
based on a violation which occurred in the workplace, no later than
five days after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are required to notify their supervisors when taking any
medication or drugs, prescription or non-prescription ( over-the-counter
medications), which they have been informed by a medical provider may
interfere with safe or effective performance of their duties or operation of
City equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or 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. Employer Searches
For the purpose of enforcing this policy and maintaining a drug-free workplace,
the City reserves the right to search, with or without prior notice to the employee,
all work areas and property in which the City maintains full or joint control with
the employee, including but not limited to City vehicles, desks, lockers, file
cabinets, and bookshelves. These areas remain part of the workplace context even
if the employee has placed personal items in them. Employees are cautioned
against storing personal belongings in work areas under full or joint City control
since such work areas may be subject to investigation and/or search under this
policy.
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Employer searches shall occur when there is a determination of "reasonable
suspicion" as defined herein. Such searches shall be conducted by persons having
supervisory and/or other legal authority to conduct such searches. Searches will
not normally occur without concurrence of more than one supervisor. Nothing
herein shall prevent the City from taking appropriate action if there is an
inadvertent discovery of evidence of drug or alcohol use.
D. 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 to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program.
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
1. After receiving an offer of employment, an otherwise successful candidate
must submit to a drug and alcohol analysis. At the City's discretion, this
analysis may be in the form of "breathalizer," urine, or blood analysis.
2. Persons whose results are positive for either illegal 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 l .A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech.
41 March 27, 2018 Item #2 Page 49 of 236
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;
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 termination.
4. A drug and alcohol analysis may test for the presence of any drug which
could impair an employee's ability to effectively and safely perform 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.
III. EMPLOYEE ASSISTANCE PROGRAM
A. The City has a well established voluntary Employee Assistance Program (EAP) to
assist employees who seek help for substance abuse problems. The EAP is
available for assessment, referral to treatment, and follow-up. Any employee of
the City wishing confidential assistance for a possible alcohol or 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.
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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 41 Access to Information
The City will make available to CCEA such non-confidential information pertaining to
employment relations as is contained in the public records of the City, subject to the limitations
and conditions set forth in this article and Government Code Section 6250-6260. Such
information shall be made available during regular office hours in accordance with the City's
rules and procedures for making public records available and after payment of reasonable costs,
where applicable.
Information which shall be made available to CCEA includes regularly published data covering
subjects under discussion. Data collected on a promise to keep its source confidential may be
made available in statistical summaries, but shall not be made available in such form as to
disclose the source.
Nothing in this article shall be construed as requiring the City to do research for an inquirer or to
do programming or assemble data in a manner other than usually done by the City.
Nothing in this article shall be construed to require disclosure of records that are:
(1) Personnel, medical and similar files, the disclosure of which would constitute an
unwarranted invasion of personal privacy or be contrary to merit system principles;
(2) Working papers or memoranda which are not retained in the ordinary course of business
or any records where the public interest served by not making the record available clearly
outweighs the public interest served by disclosure of the record;
(3) Records pertaining to pending litigation to which the City is a party, or to claims or
appeals which have not been settled.
Article 42 Communications
The parties agree to continue meeting at least once each month during the term of the agreement
for the purpose of continuing communications on subjects of mutual concern.
Article 43 Legal Representation
Upon request of an employee and subject to any limitations provided by law, the City will
provide for the defense of any civil action or proceeding initiated against the employee by a
person or entity other than the City in a court of competent jurisdiction, on account of any act
or omission occurring within the course and scope of his/her employment as an employee of the
City.
Nothing herein shall be deemed to require the provision of such defense where the discretion to
provide or not provide such defense is vested in the City pursuant to the provisions of the
43 March 27, 2018 Item #2 Page 51 of 236
California Government Code, or where the act or omission was not within the scope of the
employee's employment, or the employee acted or failed to act because of actual fraud,
corruption or actual malice, or where the provision of such defense would create a conflict of
interest between the City and the employee.
Nothing herein shall be construed to grant to any employee any right or privilege in addition to
those provided in the said Government Code.
Article 44 Layoff
Layoff: The City may layoff an employee in the merit service because of material change in duties
or organization or shortage of work and funds. The City will use its best efforts to give the
employees as much notice as possible with a minimum of fourteen (14) calendar days prior to the
effective date of a layoff. The appointing authority or designee shall notify the Human Resources
Director of the intended action with reasons therefore. A copy of such notice shall be given the
employee affected and CCEA. The name of the employee laid off shall be placed on the
appropriate reemployment list as provided by these rules.
Reduction in Force Procedures: The following procedures will apply to all probationary and
permanent employees in the event of a reduction in the City work force.
(a) City Service Seniority: City Service Seniority shall be determined as the period of total
continuous service with the City as measured from the date of original appointment. This shall
include periods of authorized leaves of absence.
(b) Order of Reduction in Force: Whenever there is a reduction in force employees shall be
selected for layoffs in the following order: (1) hourly and temporary employees in the affected
classification series; (2) provisional and limited term employees in reverse order of their City
Service Seniority in the affected classification series; (3) City probationary employees in reverse
order of their City Service Seniority in the affected classification series; ( 4) and regular employees
in reverse order of their City Service Seniority in the affected classification.
( c) Reduction in Force -Demotion: Whenever there is a reduction in the work force in which one
or more employees in a classification has been identified for layoff, the City shall demote the
employee in that classification with the highest City Service Seniority to a vacancy. The employee
identified for demotion to the vacant classification must have previously served in that
classification and be determined to be currently qualified. An employee may refuse to accept a
demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in
this procedure.
( d) Notification: Whenever there is a reduction in the work force requiring layoff, the City shall
send written notice to the last known address of each employee affected by a layoff with copy to
CCEA. The notice shall include the (1) reason for layoff, (2) classes to which the employee may
demote within the City, if any, (3) effective date of action, (4) conditions governing retention on
and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and
voluntary withdrawal from the reemployment list.
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( e) Determining Order of Layoff and Demotion for Employees With Identical City Service
Seniority: Should two or more employees have identical City Service Seniority, the order oflayoff
and demotion will be determined by the Human Resources Director who will use randomizing
software to determine seniority.
(f) Transfer: All effort will be made by the City to transfer any employee who is to be affected by
a reduction in force to another vacant position for which such employee may qualify.
(g) Order and Method of Demotion Pursuant to a Reduction in Force--Bumping: When required
due to a reduction in force, employees shall be demoted in the following manner:
(1) Employees who are demoted, who have held permanent status in a lower classification
shall have the right to bump employees of lesser City Service Seniority in that lower
classification.
(2) Employees who have not actually held status in a lower classification shall be allowed
to demote to a vacant position or to a position held by a City probationary employee in
such lower class, but may not bump regular City employees already in that lower
classification.
(h) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force: Employees
who are demoted as a result of a reduction in force shall have their names placed on a reinstatement
list, in order of their City Service Seniority. Vacant positions in which an employee has served
within a classification series shall first be offered to employees on this list.
(i) Reemployment of Employees Laid Off as a Result of a Reduction in Force: Employees who
are laid off and who held permanent City status at the time of layoff shall have their names placed
on a reemployment list for classifications at the same or lower salary range for which they qualify
in the order of their City Service Seniority. Vacant positions in such classifications will be offered
to eligible individuals on the reemployment list who qualify for such vacancies prior to an open or
promotional recruitment.
G) Duration of Reinstatement and Reemployment Lists: The eligibility of individuals on the
reinstatement and reemployment list shall extend for a period of two years from the date of
demotion or layoff. Eligible individuals not responding to written notification of an opening
after fourteen (14) calendar days shall have their names removed from either the reemployment or
reinstatement list.
(k) Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon
reemployment following a reduction in force, an individual will have the following benefits
restored:
(1) Prior sick leave accruals.
(2) City Service Seniority at time of layoff for purposes of determining merit increases,
vacation accruals and future reduction in force.
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(3) The salary paid to an employee who is reemployed shall be equivalent to the salary paid
at the time of layoff. If the employee chooses to be reemployed in a classification which
has a salary range lower than the classification from which he/she was laid off, then salary
placement will be equivalent to the salary paid at the time of layoff, or at the top of the
salary range of the lower classification as reflected in the current effective salary plan at
the time of reemployment, whichever is lower.
(1) Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accrued holiday,
vacation, compensation time and overtime when separated as a result of a layoff. The sick leave
accruals of such employee will remain on the books and will be reinstated if they are reappointed.
(m) Retirement Contribution: The disposition of the retirement contributions of a laid off
employee shall be governed by the provisions of the State of California Public Employees'
Retirement Law as contained in the Government Code.
(n) Severance: CCEA represented employees involuntarily separated from the City service due to
layoff shall receive the equivalent of three (3) months' base salary, computed at the employee's
actual salary at the time of separation, provided that the employee who was involuntarily separated
enters into, executes, and does not rescind or revoke the Separation Agreement and General
Release, attached hereto as Attachment F and incorporated herein. The Separation Agreement and
General Release is not subject to negotiation, either individually or collectively.
Article 45 Carlsbad Municipal Water District
1. Effective February 17, 1992, employees of the Carlsbad Municipal Water District
("CMWD") shall become employees of the City of Carlsbad ("City"). Each CMWD
employee shall retain his/her CMWD classification, salary range, salary anniversary date,
and seniority date upon becoming a City employee. Each employee's job title and salary
range shall be subject to future modification upon completion of a City classification and
compensation study. In no instance shall an employee's salary be reduced as a result of
the City classification and compensation study.
2. Effective February 17, 1992, each CMWD employee shall be subject to the City's
personnel system as established by the municipal code, the personnel rules and
regulations, administrative orders, the applicable memorandum of understanding, and
other applicable ordinances, resolutions, and rules and regulations dealing with personnel
and employer-employee relations.
3. Effective February 17, 1992, each CMWD employee shall be subject to the work rules
and operations rules of the City.
4. Notwithstanding paragraph 2 above, each CMWD employee shall retain the benefits
granted to CMWD employees as outlined in Attachment B (attached).
5. Unless specifically set forth in paragraph 4 above, all other fringe benefits shall be the
same as those for City employees in the appropriate bargaining units as of February 17,
1992.
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6. Employees hired on or after February 17, 1992, into the water operation shall not be
eligible for those benefits set forth in paragraph 4 above.
7. Employees who terminate service with the City (by reason other than lay off) shall not be
eligible for the benefits set forth in paragraph 4 above upon reinstatement to the City.
8. Employees in classifications covered by this provision are listed in Attachment A.
9. No current City employees will be laid off as a result of assimilation of CMWD
employees.
10. Former CMWD employees will be in the bargaining unit represented by CCEA.
Article 46 Full Understanding, Modification, & Waiver
It is intended that this agreement sets forth the full and entire understanding of the parties
regarding the matters set forth herein, and any other prior or existing understanding or
agreements by the parties, whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms
or provisions contained herein shall not be binding upon the parties hereto unless made and
executed in writing by all parties hereto and, if required, approved and implemented by the City
Council.
The waiver of any breach, term or condition of this agreement by either party shall not constitute
a precedent in the future enforcement of all its terms and provisions.
Article 47 Provisions of Law
It is understood and agreed that this Memorandum of Understanding is subject to all current and
future applicable federal and state laws, federal and state regulations. If any part or provision of
the Memorandum of Understanding is in conflict or inconsistent with such above applicable
laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or
competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of this Memorandum of Understanding shall not
be affected thereby.
Article 48 Retention of Benefits
The employees of the City of Carlsbad shall retain all present benefits as set forth in this
Memorandum for the term of this agreement, except as amended by this Memorandum, or unless
modified after exhausting the meet and confer process.
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Article 49 Non-discrimination Clause
No person shall in any way be favored or discriminated against, by either the City or the
Association, to the extent prohibited by law because of actual or perceived political opinion or
affiliation, race, color, religion, gender, sexual orientation, marital status, age, national origin,
veteran status, medical condition or physical or mental disability. In addition, no person shall be
favored or discriminated against because of his/her association with someone who has or is
perceived to have any characteristics of being in one of these classes of people. This affects
decisions including, but not limited to, an employee's compensation, benefits, terms and
conditions of employment, opportunities for promotion, training and development, transfer and
other privileges of employment.
The City is committed to providing ongoing training to all employees on the subjects of equal
employment, non-discrimination and cultural awareness.
Article 50 Americans With Disabilities Act
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this Memorandum of Understanding so as to comply with the
ADA. The parties agree to consult if compliance with the ADA may require modifying the
provisions of this Memorandum of Understanding.
Article 51 Life Insurance and Voluntary Benefits
All CCEA-represented employees shall receive City paid life insurance in an amount equal to
one times their basic yearly earnings. To determine the benefit, the amount of insurance is
rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple.
The City provides various voluntary benefits available at the employee's cost. Employees may
select among various levels of coverage. For information regarding these benefits, contact the
Human Resources Department at 760-602-2440.
Article 52 Special Housing Facilities
The City maintains a residence at the Maerkle Reservoir, Dam, Treatment Facility and Site. The
employee assigned the duty ofMaerkle Facilities Steward is tasked with maintaining a safe,
legally compliant facility and ensuring the security of City facilities. A detailed description of
the conditions that apply to this assignment are outlined in Attachment E.
1. Employee Status
The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent
employee of the City.
2. Priority of Assignments
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In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment
shall be offered to qualified current CCEA employees in the Water Operations Division
of the Utilities Department based on their seniority in the Water Operations Division.
In order to be considered qualified for the assignment, the employee must have a
minimum of one year of service in the City's Water Operations Division. In addition, the
employee must not be on a Performance Improvement Plan (PIP), and must be fully
competent in facility operations, recordkeeping, emergency response procedures and be
in compliance with the following regulations governed by these respective agencies:
a. Cal-OSHA's California Code of Regulations, Title 8, section 5189, Process Safety
Management (PSM) of Highly Hazardous Materials.
b. Federal EPA's Code of Federal Regulations, Title 40, Part 68, Accidental Release
Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section
112(r), Program 3 requirements.
c. California Office of Emergency Services, California Code of Regulations, Title 19,
Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP)
Program.
d. County of San Diego, Department of Environmental Health, Hazardous Materials
Division, Hazardous Materials Business Plan.
e. California Health and Safety Code, Section 25531 through 25534.
f. State of California, Department of Water Resources, Division of Safety of Dams.
g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment
Operator Grade T-1 per CDPH "shift operator" requirements.
The employee must remain qualified throughout the assignment. Under no circumstances
will the duties of the Maerkle Facilities Steward be assigned to an employee that does not
comply with the regulations as outlined above.
3. Responsibilities
The Steward shall be responsible for performing the following duties:
A. Safety
a. Maintain on site compliance with PSM/RMP program and Hazardous Materials
Business Plan
b. Immediately report any observed non-compliance issues with the PSM/RMP
Program or Hazardous Materials Business Plan
c. Ensure the residence, property and facilities are kept in a safe condition
B. Emergency Response -Notification-Documentation
a. Respond to emergency situations to include the chlorination facilities per
PSM/RMP requirements
b. Provide timely and proper notification
c. Provide timely and proper documentation
d. Assist duty operator with onsite problems
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C. Operations and Maintenance
a. Make occasional chlorine adjustments, flow changes and system changes as
needed
b. Perform general maintenance on the residence, yard and fencing
c. Perform general maintenance on the property, perimeter fencing and weeds
D. Inspections
a. Perform routine visual inspections of the entire site at least weekly
b. Perform visual inspections of the entire site after any disaster event including
minor earthquakes
c. Document and report any issues or concerns to the Water Operations Supervisor
E. Security
a. Be onsite on a regular basis during nonworking hours for a minimum of four
weeknights per week and a minimum of three weekends per month ( except for
extended periods due to supervisor approved leaves, at which time the department
will be responsible for ensuring coverage for Steward's responsibilities)
b. Monitor access of residents through property during significant flood events
c. Immediately report any security breaches or issues to the proper authority,
including police, where appropriate
4. Rent and Utilities
The City shall charge a nominal rent for the residence. Said rent shall be established
from time to time by the City and communicated to the Steward in writing with sixty ( 60)
calendar days advance notice of any changes. The City shall furnish the water supply and
electricity for the residence and the Steward shall be responsible for the balance of the
utilities.
5. Term
The City maintains the right to change the assignment of the Maerkle Facility Steward
responsibility based solely upon the City's discretion and the City shall not be required to
show cause. Moreover, the Steward shall have no due process rights related to a change
from the assignment as a change shall not be considered disciplinary. It is the intent of
this provision to create an at-will tenancy that can be revoked at any time upon at least
sixty (60) calendar days' notice to the Steward. There shall be an annual review of the
Steward's performance with the Water Operations Supervisor. The Steward shall, when
possible, give the City at least sixty (60) calendar days written notice if he/she desires to
be relieved of this assignment.
Article 53 Contracting Out Work
1. The City has the right to contract out any or all of the services currently being
performed by CCEA represented classifications or that could be performed by CCEA
represented classifications to any one or more public or private entities or individuals.
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2. Prior to contracting out the services referenced in item number 1 above, the City
shall first satisfy its obligation to meet and confer with CCEA regarding both the
decision and effects of contracting out those services
3. CREATION OF A REQUEST FOR PROPOSAL ("RFP")
a. CCEA may appoint up to two (2) of its members to attend a meeting with City
staff responsible for the creation of an RFP for the purpose of providing input to
the City regarding the creation of the RFP for contracting out the services
referenced in item number 1 above. This first meeting shall occur prior to the
RFP being prepared by City staff.
b. After the draft RFP is completed by City staff, a copy of the RFP shall be
forwarded to the CCEA appointees by email and a subsequent meeting shall be
scheduled, which shall take place within seven (7) calendar days from the date the
RFP is received by the CCEA appointees. The purpose of the meeting is for
CCEA appointees to meet with the City staff responsible for preparing the RFP in
order to discuss the RFP and ask questions as necessary. Additional meetings
may be scheduled if mutually agreeable. Following conclusion of the meeting(s),
CCEA's appointees may provide written feedback/suggestions regarding the RFP
for the consideration of City staff prior to it being finalized and sent to any
potential contractors. CCEA's feedback/suggestions shall be forwarded to City
staff responsible for the creation of the RFP by email within seven (7) calendar
days from the date of conclusion of these meetings.
c. Prior to distribution of the RFP to potential contractors, the City shall provide the
CCEA appointees with the final version of the RFP.
d. Neither CCEA nor its appointees shall have veto power over any City decision
related to the contents of an RFP or the RFP process.
e. Neither CCEA nor its appointees may use the appointees' involvement in the RFP
process to delay the RFP process
f. CCEA's appointees shall sign confidentiality agreements, as agreed to by the City
and CCEA, prior to receiving any information related to an RFP
4. MEET AND CONFER PROCESS
a. The City may send RFPs created following the procedure outlined in item
number 3 above to potential contractors prior to engaging in the meet and
confer process with CCEA.
b. After the City receives responses to the RFP, the City Council or designee
shall determine whether to pursue contracting out of those services that are the
subject of the RFP.
c. In the event that the City Council or designee decides to pursue contracting
out of any or all of the services that are the subject of the RFP, the City's
51 March 27, 2018 Item #2 Page 59 of 236
negotiating team will make a proposal in writing to CCEA to contract out
those services and will provide a copy of the leading proposal to CCEA along
with its proposal.
d. After reviewing the City's proposal, CCEA may request in writing to meet
and confer over the decision to contract out services and/or the effects of that
decision no later than fourteen (14) calendar days from the date of CCEA' s
receipt of the City's proposal. The first meeting of the meet and confer
process shall be scheduled within fourteen (14) calendar days of CCEA's
written request. If CCEA requests to meet and confer over both the decision
and effects, decision and effects negotiations shall take place simultaneously.
It is understood by the parties that the meet and confer process is not required
to be completed in one single meeting.
e. The negotiations over the decision and/or effects shall be subject to combined
impasse procedures.
5. CITY COUNCIL DECISION
a. After the meet and confer process has concluded by either reaching agreement
or exhausting impasse procedures, the City Council will make its final
decision on whether to contract out those services subject to the RFP.
Article 54 PAY RANGES
Each City of Carlsbad job classification is assigned to a specific pay range. An employee may
be paid anywhere in the pay range associated with their job classification.
Any non-probationary employee may be advanced in the pay range regardless of the length of
time served at the employee's present pay rate. This advancement requires the written
recommendation of the employee's manager and the approval of the employee's department
head and City Manager.
If, as a result of a pay range adjustment, an employee's base salary falls below the minimum of
the pay range, the employee's salary will be increased to the new range minimum as of the date
City Council approves the pay range adjustment.
Periodically the Human Resources Department will bring forth salary range movement
recommendations to City Council that are based on market and economic conditions, and may
include one or more salary ranges. CCEA and the City agree that the City will negotiate salary
range movements.
Effective January 1, 2019 all CCEA pay ranges will be increased by a percentage equal to the
West Urban CPI-U percentage increase (the index using all items from October to October), with
the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three
percent (3%).
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Effective January 1, 2020 all CCEA pay ranges will be increased by a percentage equal to the
West Urban CPI-U percentage increase (the index using all items from October to October), with
the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three
percent (3%).
Article 55 SURVEY MARKET
In keeping with the City Council's philosophy of surveying the total compensation of local
agencies, the agencies listed below will be considered in the survey market for CCEA.
1. City of Chula Vista
2. City of Coronado
3. City of Del Mar
4. City of El Cajon
5. City of Encinitas
6. City of Escondido
7. City of Imperial Beach
8. City of La Mesa
9. City of National City
10. City of Oceanside
11. City of Poway
12. City of San Marcos
13. City of Solana Beach
14. City of San Diego
15. City of Santee
16. City of Vista
17. County of San Diego
The seven (7) agencies listed below will also be considered in the survey market for the job
classifications of:
• Cross Connection Control Technician,
• Senior Cross Connection Control Technician,
• Sanitation Systems Operator I/II/III,
• SCADA Technician,
• Utility Worker I/II/III,
• Waste Water Utility Worker I/II/III and
• Water Systems Operator I/II/III.
1. Encina Wastewater Authority
2. Helix Water District
3. Olivenhain Municipal Water District
4. Otay Water District
5. Padre Dam Municipal Water District
6. Vallecitos Water District
7. Vista Irrigation District
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Article 56 REOPENER
At any time during the term of the MOU, after CalPERS announces their actual rate ofretum for
the prior fiscal year, if the CalPERS "discount rate" (i.e., actual rate ofretum) is less than the
expected rate of return, either party may reopen negotiations to discuss pension liability and the
sustainability of the cost of CalPERS retirement.
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IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized
representative to execute the Memorandum of Understanding the day, month, and year noted
below.
Date
Approved as to form:
~~
CELIA BREWER, City Attorney
Carlsbad City Employees' Association
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ATTACHMENT B
BENEFITS RETAINED BY CMWD EMPLOYEES
A. Health Insurance
The City will provide employees and dependents with a choice of ACW A-Blue Cross
Prudent Buyer, ACWA-California Care, or ACW A-Kaiser health insurance. The City
will provide any of the ACWA policies at no cost to the employee.
During the month of July 1992, the City shall hold an open emollment for the City's
health, dental, and vision insurance programs. If an employee elects to emoll in the
City's health, dental and/or vision insurance program(s), he/she is not eligible to return to
the current plan(s) as set forth above and below, and thereafter may only participate in
City sponsored plan(s).
B. Health Insurance for Retirees
The City will pay, after retirement of an employee, premiums for existing medical
coverage provided the employee has met the following requirements:
1. Voluntarily retired after the age of 50 with no less than five years of service, and
whose age combined with years of service equals 70 or more; or
2. Retired by having reached the mandatory retirement age established under the
State of California Public Employees' Retirement System with no less than five
years of service.
Medical coverage for the Retiree will be coordinated with Medicare and other benefits
provided by federal and state law, and will thereby be reduced when the Retiree qualifies
for those benefits.
Medical coverage for the spouse and dependents of a Retiree will be coordinated with
Medicare and other benefits provided by federal and state law, and will thereby be
reduced when the spouse qualifies for those benefits.
Upon death of the Retiree, health insurance coverage for the spouse and dependents will
be continued, provided the spouse keeps the City informed of his/her name, address and
marital status. In the event such spouse remarries, his or her eligibility for such coverage
ceases immediately and shall be terminated. As used herein, "spouse" shall mean the
spouse of the employee at the time of the employee's retirement.
If the Retiree divorces, neither his/her new spouse nor his/her former spouse will be
eligible for coverage and it shall cease immediately and be terminated. The former
spouse would only be eligible for continued health care coverage at his or her expense as
required under federal law.
March 27, 2018 Item #2 Page 64 of 236
C. Dental Insurance
The City shall provide employees and dependents with a dental plan (Delta Care, Group
No. 2692 or Delta Dental, Group No. 399-0139), including orthodontia coverage for
dependent children only, at no cost to the employee.
D. Eye Care Plan
The City will provide employees and dependents with an eye care plan (VSP, Plan C,
Group No. 228049 A-R). The plan will provide a reasonable amount of coverage at no
cost to the employee.
E. Life Insurance
The City will provide the employee a group term life insurance policy (American
Bankers Life Assurance Company of Florida, Plan No. 0670), which will provide
protection of 1 x annual pay, up to a maximum of $50,000 at no cost to the employee.
The City also provides Term Life Insurance and AD&D of $9,000.
F. Deferred Compensation
The City has established a Deferred Compensation Plan which employees may
voluntarily participate in. The City shall match employee contributions up to a maximum
of 7.5% of an employee's bi-weekly earnings.
G. Overtime
Overtime shall be defined as work performed before or after the regularly scheduled
work day or work week. Work in addition to the regularly scheduled work day shall be
paid at the rate of time and one-half of an employee's pay. In addition, all hours worked
on Sundays and holidays shall be paid at double time.
H. Standby
Two employees shall be on standby at all times. Each such employee shall remain on
standby for a one week period and shall receive $30 per day for each day on standby
assignment. The employee shall be compensated in the normal manner for any work
performed. Standby shall not be regarded as call back work.
I. Vacation
Vacation accrual can be used in 15 minute increments. Accruals will be calculated
daily.
1. Earnings Rates
After completion of 20 years of continuous service, an employee will be granted
vacation at the rate of 33 minutes per day.
2 March 27, 2018 Item #2 Page 65 of 236
2. Carryover of Unused Vacation Hours
Vacation time accumulation as of January 1 each year may be permitted as
follows:
Employees with 20 or more years of service -400 hours
Effective January 1 of each year, vacation time in excess of the above-mentioned
hours will be eliminated.
J. Sick Leave Buyback
1. An employee has the option of selling back to the City 100% of any accumulated
sick leave in excess of 250 hours.
2. The City, at its discretion, may purchase any accumulated sick leave from an
employee.
K. Sick Leave at Termination
1. Retirement
Upon retirement in accordance with either the voluntary service or compulsory
service retirement provisions of CalPERS, an employee will receive 50% of all
accumulated sick leave up to 250 hours. Any accumulated sick leave in excess of
250 hours shall be reimbursable at 100%.
2. Death
Upon an employee's death, while still employed, all compensation due an
employee will be paid to his/her designated beneficiary. Compensation for all
accumulated vacation time, 50% of all sick leave up to 250 hours, and 100% of
sick leave in excess of 250 hours shall also be made.
3. Discharge
The Department Head shall notify any such employees of discharge in writing.
All such discharged employees shall be entitled to any normal compensation due,
and shall receive all accumulated vacation time due. If employed at least one
year, an employee will receive 50% of all accumulated sick leave up to 250 hours
and 100% of any sick leave in excess of 250 hours.
4. Lay Off
Layoffs may be required due to lack of work, a decrease in or loss of funds, or
changing position requirements. Should layoffs be required, they will be
implemented by considering an employee's proficiency, productivity, length of
3 March 27, 2018 Item #2 Page 66 of 236
employment, attendance, and reliability. Such employees shall receive two weeks
written notice of layoff. When layoff is anticipated to exceed 14 days duration,
the following shall apply: An employee will be paid all accumulated vacation
pay due. If employed at least one year, an employee will receive 50% of all
accumulated sick leave in excess of 250 hours to be reimbursable at 100%.
5. Resignation
Employment may be terminated at will by an employee. If an employee wishes
to resign, the City desires a two (2) week notice in writing. All accumulated
vacation pay and sick leave compensation will be paid upon resignation. If
employed at least one year, an employee will receive 50% of all accumulated sick
leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall
be reimbursable at 100%.
L. Long-Term Disability
Long-term disability benefits shall be provided at 66-2/3% of pay, with a minimum
monthly benefit of $50 and maximum benefit of $2,500.
M. Special Merit for Education
The City will continue a special merit award system to mutually benefit employees and
the City by stimulating and rewarding employees for educational accomplishments. This
program recognizes accomplishments in terms of operator certification according to the
following:
Grade Amount
One $ 150
Two $ 300
Three $ 500
Four $1,000
The decision to grant this lump-sum award shall be made by an employee's
supervisor, with approval by the Department Head. This is a one-time award
granted after obtaining the above certificate(s).
N. Non-Eligibility
An employee shall not be eligible for the following benefits provided by the City:
1. Compensatory time off accrual as set forth in Article 15, Section 4 of the
MOU with CCEA. An employee shall be eligible to accrue no more than
40 hours of such compensatory time.
2. State disability insurance as provided by the State of California, Article 35
of the MOU with CCEA.
4 March 27, 2018 Item #2 Page 67 of 236
ATTACHMENT C
COMPENSATION AND BENEFITS SUMMARY -CCEA REPRESENTED
EMPLOYEES WORKING A REDUCED FTE SCHEDULE
For CCEA-represented employees working a reduced FTE schedule (ex. 0.75 FTE or job sharing
0.5 FTE) pro-rated benefits are calculated based on 75% and 50% of the full benefits and will be
applied respectively.
The standard 0.75 FTE work schedule is 30 hours per week. The standard 0.5 job sharing FTE
work schedule is 20 hours per week. If one part of a job-share position becomes vacant, the
remaining incumbent must convert to full-time until another job-share partner is found.
COMPENSATION:
Employees on a reduced FTE schedule will be compensated at an hourly rate based on the
current salary schedule. Salary will be calculated based on the number of actual hours worked
and salary earned.
Overtime
Employees will be paid overtime after working in excess of 40 hours a week. Extra shifts
worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in
accordance with the Fair Labor Standards Act (FLSA).
The regular work week should not exceed 30 hours per week for 75% time positions or 20
hours per week for 50% time positions. If there are occasional extra hours worked, the time
should be reported appropriately to payroll as extra hours. Extra hours should not be a continual
or regular practice and may result in jeopardizing the reduced FTE schedule.
Bilingual Pay
Employees working a reduced FTE schedule who are eligible for Bilingual Pay will receive an
amount that is prorated by the appropriate reduced FTE percentage.
BENEFITS:
Health Insurance Deductions
Employees working a reduced FTE schedule are eligible to participate in the same health
insurance programs as full-time employees. Employees working a reduced FTE schedule may
select one of the City's medical plans and will be enrolled as an employee with full benefit
coverage. Because reduced FTE employees work fewer hours per pay period, they will be
eligible for a prorated percentage of the benefits credits for which full time employees are
eligible. (Refer to benefit rate sheets.)
Leave Accruals
• SICK LEA VE:
rate.
Accrued at appropriate prorated percentage of the full-time accrual
March 27, 2018 Item #2 Page 68 of 236
• VACATION:
rate.
Accrued at appropriate prorated percentage of the full-time accrual
• HOLIDAY PAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours per
Holiday paid for 0.5 FTE employees. City posted Holiday Schedule applies. If a
Holiday falls on a day the employee is NOT normally scheduled to work, the employee
will agree with his/her supervisor when to take a regularly scheduled work shift in that
same pay period as a Holiday.
• FLOATING HOLIDAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours
per Holiday paid for 0.5 FTE employees.
An employee whose scheduled shift duration exceeds the hours of Holiday pay could get
approval from their supervisor to work extra hours in the pay period in which a Holiday falls to
make up for the reduced number of hours paid for the Holiday. An employee may also choose to
take hours without pay that period for hours lost due to reduced Holiday pay. It is NOT required
to use leave balances to make up for the fewer hours paid on a Holiday. However, on a non-
Holiday, if an employee leaves early or takes time off accrued leave balances must be exhausted
prior to taking leave without pay.
PERS Service Credit
Future retirement benefit and employee contributions (made by the City) are adjusted for lesser
earnings. A full time employee receives one year of service credit for every ten or more months
of full time employment during the fiscal year. A 75% time employee is credited with .90 of a
year (.75 x .100 year credit x 12 months) for one year of75% time employment. A 50% employee
is credited with .60 of a year (.5 x .100 year credit x 12 months) for one year of 50% employment.
Long Term Disability
The City pays the premium based on actual earnings.
State Disability Insurance
The City pays the premium based on actual earnings. Any future potential benefit may be
reduced, as SDI looks at quarterly wages reported for a 12 month period beginning roughly 18
months before the date of disability.
Life Insurance and Supplemental Life Insurance
The benefit is based on regular base salary.
Employee Computer Purchase Program
Employees on a 0.5 FTE schedule are not eligible to establish a computer purchase loan.
Employee Education Program
Employees on a 0.5 FTE schedule are not eligible for tuition reimbursement.
I understand and agree to the reduced FTE terms outlined above and agree to the terms and
conditions set forth in this document.
2 March 27, 2018 Item #2 Page 69 of 236
ATTACHMENT D
MAERKLE RESERVOIR, DAM, TREATMENT FACILITY AND SITE STEWARD
REQUIREMENTS, RESPONSIBILITIES AND AGREEMENT TO TERMS OF
ASSIGNMENT
Per the Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad
City Employees' Association (CCEA), I, am accepting
the assignment of the Maerkle Facilities Steward and acknowledging the following requirements,
responsibilities and terms of the assignment:
1. Employee Status
The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent
employee of the City.
2. Priority of Assignments
In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment
shall be offered to qualified current CCEA employees in the Water Operations Division
of the Utilities Department based on their seniority in the Water Operations Division.
In order to be considered qualified for the assignment, the employee must have a
minimum of one year of service in the City's Water Operations Division. In addition, the
employee must not be on a Performance Improvement Plan (PIP), and must be fully
competent in facility operations, recordkeeping, emergency response procedures and be
in compliance with the following regulations governed by these respective agencies:
a. Cal-OSHA's California Code of Regulations, Title 8, section 5189, Process
Safety Management (PSM) of Highly Hazardous Materials.
b. Federal EPA's Code of Federal Regulations, Title 40, Part 68, Accidental
Release Prevention Requirements: Risk Management Programs (RMP) Clean
Air Act Section 112(r), Program 3 requirements.
c. California Office of Emergency Services, California Code of Regulations,
Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention
(CalARP) Program.
d. County of San Diego, Department of Environmental Health, Hazardous
Materials Division, Hazardous Materials Business Plan.
e. California Health and Safety Code, Section 25531 through 25534.
f. State of California, Department of Water Resources, Division of Safety of
Dams.
g. Must possess a current CDPH issued Distribution Operator Grade D-3 and
Treatment Operator Grade T-1 per CDPH "shift operator" requirements.
The employee must remain qualified throughout the assignment. Under no circumstances
will the duties of the Maerkle Facilities Steward be assigned to an employee that does not
comply with the regulations as outlined above.
March 27, 2018 Item #2 Page 71 of 236
3. Responsibilities
The Steward shall be responsible for performing the following duties:
A. Safety
a. Maintain on site compliance with PSM/RMP program and Hazardous Materials
Business Plan
b. Immediately report any observed non-compliance issues with the PSM/RMP
Program or Hazardous Materials Business Plan
c. Ensure the residence, property and facilities are kept in a safe condition
B. Emergency Response -Notification-Documentation
a. Respond to emergency situations to include the chlorination facilities per
PSM/RMP requirements
b. Provide timely and proper notification
c. Provide timely and proper documentation
d. Assist duty operator with onsite problems
C. Operations and Maintenance
a. Make occasional chlorine adjustments, flow changes and system changes as
needed
b. Perform general maintenance on the residence, yard and fencing
c. Perform general maintenance on the property, perimeter fencing and weeds
D. Inspections
a. Perform routine visual inspections of the entire site at least weekly
b. Perform visual inspections of the entire site after any disaster event including
minor earthquakes
c. Document and report any issues or concerns to the Water Operations supervisor
E. Security
a. Be onsite on a regular basis during nonworking hours for a minimum of four
weeknights per week and a minimum of three weekends per month ( except for
extended periods due to supervisor approved leaves, at which time the department
will be responsible for ensuring coverage for Steward's responsibilities)
b. Monitor access of residents through property during significant flood events
c. Immediately report any security breaches or issues to the proper authority,
including police, where appropriate
4. Rent and Utilities
The City shall charge a nominal rent for the residence. Said rent shall be established
from time to time by the City and communicated to the Steward in writing with sixty (60)
calendar days advance notice of any changes. The City shall furnish the water supply and
electricity for the residence and the Steward shall be responsible for the balance of the
utilities. Upon change of Steward, the outgoing Steward shall have the propane tank
filled and the carpets professionally cleaned, and provide verification of such to the
2 March 27, 2018 Item #2 Page 72 of 236
Water Operations supervisor. The outgoing Steward will have the option of being billed
for these services by the City. If the outgoing Steward selects this option, the Steward
will provide a thirty (30) calendar days' notice and the City will have the propane tank
filled and the carpets professionally cleaned.
5. Term
The City maintains the right to change the assignment of the Maerkle Facility Steward
responsibility based solely upon the City's discretion and the City shall not be required to
show cause. Moreover, the Steward shall have no due process rights related to a change
from the assignment as a change shall not be considered disciplinary. It is the intent of
this provision to create an at-will tenancy that can be revoked at any time upon at least
sixty (60) calendar days' notice to the Steward. There shall be an annual review of the
Steward's performance with Water Operations supervisor. The Steward shall, when
possible, give the City at least sixty (60) calendar days written notice if he/she desires to
be relieved of this assignment.
6. Sole Place of Residence
The crew member assigned as the Steward shall maintain the residence as his/her sole
place of residence.
7. Others Living at Residence
Only the Steward and a reasonable number of persons who constitute a bona fide single
household unit shall be allowed to reside at the house.
8. Vehicles
The Maerkle Facilities Steward shall drive a City vehicle. No more than three private
vehicles shall be kept at the residence unless pre-approved by the Water Operations
supervisor.
9. Firearms
The Steward shall not carry any firearms in the performance of his/her duties or in City
vehicles and shall not discharge any firearms on City property. Any firearms that are
personal property of the Steward shall be allowed to be stored at the residence provided
they are securely stored. The Steward will notify the Water Operations Supervisor in
advance of bringing any firearms on the premises and shall show proof of secured
storage.
10. Parties
The Steward shall notify his/her the Water Operations Supervisor, in writing, at least
seven (7) calendar days in advance of any party at the residence involving fifteen (15) or
more people.
3 March 27, 2018 Item #2 Page 73 of 236
11. Pets
The Steward shall be allowed to have pets and any outdoor pets shall remain within the
fenced portion of the property provided for this purpose. The Steward shall be
responsible for any damages caused by pets. The Steward may not keep pets known to be
VICIOUS.
The rent at the Maerkle residence is currently set at $75.00 per pay period. Automatic payroll
deductions will begin for this amount starting with the beginning of the pay period on
I have read the preceding Maerkle Reservoir, Dam, Treatment Facility and Site Steward
Requirements, Responsibility and Agreement to Term of Assignment and understand it. By
signing below, I am agreeing to these terms in their entirety.
Employee Signature Date
4 March 27, 2018 Item #2 Page 74 of 236
ATTACHMENT E
SEPARATION AGREEMENT AND GENERAL RELEASE
This Separation Agreement and General Release of All Claims ("Agreement") is made and
entered into by and between the City of Carlsbad ("CITY") and ------------("EMPLOYEE") with reference to the following facts:
Due to economic reasons the CITY has decided to reduce its workforce by instituting a reduction
in force or layoff in EMPLOYEE's job classification. In consideration of the mutual covenants
and promises contained herein, the parties hereto agree as follows:
1. Termination of Employment Relationship
The employment relationship which existed between EMPLOYEE and the CITY prior to
the effective date of this Agreement shall cease to exist as of , 20_, with
EMPLOYEE's last actual day at work being , 20_.
2. Benefits of Agreement
A. In consideration of EMPLOYEE entering into this Agreement, the CITY will
record EMPLOYEE's separation from the CITY as a reduction in force when
applying for unemployment with the State of California Employment
Development Department (EDD). EMPLOYEE agrees to use the date of
_______ , 20_ as the effective date of separation.
B. While EMPLOYEE's separation date is ________ , 20_, any health
insurance benefits EMPLOYEE receives will continue until -------
20_; dental and vision, if any, will continue until _______ , 20_.
C. EMPLOYEE will receive the equivalent of three (3) months' base salary to be
paid in a lump sum direct deposit within two weeks after this document has been
received by the CITY and the right to rescind this Agreement, pursuant to Section
7 Right to Revoke Agreement, has expired.
D. EMPLOYEE understands and agrees that EMPLOYEE will receive no further
wage, severance, vacation or other similar payments from the CITY other than
those vested benefits or rights of EMPLOYEE to which EMPLOYEE would
otherwise be entitled upon separation.
E. EMPLOYEE agrees that he/she has not and will not file any complaints, charges
or lawsuits against the CITY at any time hereinafter with any governmental
agency or any court arising out of his/her employment with the CITY.
EMPLOYEE further agrees not to institute or join any action, lawsuit or
proceeding against the CITY arising out of his/her employment; however, he/she
shall not be limited from pursuing claims or other enforcement activities for the
sole purpose of enforcing EMPLOYEE's rights under this Agreement.
EMPLOYEE fully releases and discharges the CITY, its council members,
officers, employees, agents and attorneys, from all actions, causes of action,
5 March 27, 2018 Item #2 Page 75 of 236
claims, judgments, obligations, damages, and liabilities of whatsoever kind and
character, including, but not limited to, any actions, causes of action, claims,
judgments, obligations, damages, or liabilities relating to EMPLOYEE's
employment with the CITY, including, but not limited to, those arising out of any
claims for violation of any alleged contract, express or implied; any covenant of
good faith and fair dealing, whether express or implied; any tort; any
administrative remedy; any federal, state, or local law, statute or regulation based
on or related to the Americans with Disabilities Act (42 U.S.C. §§12101-12213);
the Federal Family Medical Leave Act (29 U.S.C. 2601-2654); the California
Family Rights Act (Gov. Code §§12945.1-12945.2); the Age Discrimination in
Employment Act (29 U.S.C. §§621-634); Title VII, Civil Rights Act of 1964 (42
U.S.C. §§2000-2000(e)l-17); and the California Fair Employment and Housing
Act (Gov. Code§ § 12900-12996).
EMPLOYEE understands and expressly agrees that this Agreement extends to all
claims of every nature and kind whatsoever, known or unknown, suspected or
unsuspected, past or present, and all rights under Section 1542 of the California
Civil Code are hereby expressly waived. Section 1542 reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HA VE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.
3. Entire Agreement
This Agreement constitutes the sole and exclusive understanding of the parties and shall
not be subject to modification in the absence of the mutual written consent of
EMPLOYEE and the CITY.
4. Severability
If any provision of this Agreement as applied to either party or to any circumstances shall
be adjudged to be illegal, invalid or inoperable, such illegality, invalidity or inoperability
shall not affect the remainder hereof, its validity or enforceability, in any jurisdiction.
5. Controlling Law
This Agreement shall be construed and enforced in accordance with the laws of the State
of California. Any action to enforce this Agreement shall be brought in the Superior
Court of California, County of San Diego, North County Judicial District.
6. Advisement-to Consult with Experts
The CITY offers no advice or counseling by way of this Agreement and strongly urges
EMPLOYEE to seek appropriate advice or counsel from a qualified attorney or
professional ofEMPLOYEE's choice and EMPLOYEE's own expense.
6 March 27, 2018 Item #2 Page 76 of 236
7. Right to Revoke Agreement
A. EMPLOYEE may revoke this Agreement within seven (7) business days of the
date ofEMPLOYEE's signature. Revocation can be made by delivering a written
notice ofrevocation to the CITY's current Human Resources Director. For this
revocation to be effective, written notice must be received no later than close of
business on the seventh (7th) business day after EMPLOYEE signs this
Agreement.
B. If EMPLOYEE exercises his/her right to revoke consent to this Agreement during
the seven (7) day period after he/she signs this Agreement, this Agreement shall
not be effective or enforceable and EMPLOYEE will not receive the payment
and/or benefits described in Paragraph 2, Section C.
8. Non-Admission of Liability
The parties recognize that the making of this Agreement is voluntary and should not in
any way be construed as an admission or indication that the EMPLOYEE or the CITY
violated any law, or regulation or any right founded in any applicable constitutional or
statutory provision, common law, contract or public policy. The Parties expressly deny
unlawful and/or wrongful conduct arising out of or in connection with the employment of
EMPLOYEE and/or the termination of the employment relationship.
9. Reemployment Rights
EMPLOYEE and CITY agree that any rights to reinstatement to any current or future
vacancy will be governed by the layoff provision (Article 44) of the Memorandum of
Understanding between the CITY and the Carlsbad City Employees' Association
( CCEA) in effect at the time of the separation.
10. Effective Date of Agreement
Provided no notice of revocation is received by CITY pursuant to Section 7, this
Agreement shall become effective on the eighth (8th) business day from the date in which
this Agreement is signed and dated by EMPLOYEE. If the Agreement is not dated by
Employee, then the effective date of this Agreement shall be the seventh (7th) calendar
day after receipt of the Agreement by CITY.
EMPLOYEE ACKNOWLEDGES THAT HE/SHE HAS READ THIS
AGREEMENT AND THAT HE/SHE UNDERSTANDS IT AND IS
VOLUNTARILY ENTERING INTO IT. IF EMPLOYEE IS AT LEAST 40
YEARS OF AGE AT THE TIME THIS AGREEMENT IS SIGNED BY SAID
EMPLOYEE, YOU ARE HEREBY NOTIFIED THAT IN ACCORDANCE
WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (29 U.S.C.
§§621-634), EMPLOYEE HAS BEEN GIVEN AT LEAST FORTY-FIVE (45)
DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT
AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY
DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE
HUMAN RESOURCES DIRECTOR OF THE CITY OF CARLSBAD NO
LATER THAN SEVEN (7) DAYS AFTER HE/SHE EXECUTES THIS
AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME
7 March 27, 2018 Item #2 Page 77 of 236
EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN (7) DAY
PERIOD HAS EXPIRED.
IN WITNESS HEREOF, CITY has executed and entered into this Agreement by causing its
name to be subscribed hereunder by duly authorized officers. EMPLOYEE has executed and
entered into Agreement by subscribing his/her name hereto.
City of Carlsbad
City Manager
Date
Approved as to Form Date
by City Attorney
Employee Date
8 March 27, 2018 Item #2 Page 78 of 236
Attachment B
SALARY SCHEDULE -CARLSBAD CITY EMPLOYEES' ASSOCIATION
March 27, 2018
CLASSIFICATION
ACCOUNT CLERK I
ACCOUNT CLERK II
ACCOUNTANT
ACCOUNTING SUPERVISOR
ACCOUNTING TECHNICIAN
ADMINISTRATIVE SECRETARY
APPLICATIONS ANALYST
APPLICATIONS ASSOCIATE ANALYST
AQUATICS SPECIALIST
ASSISTANT ENGINEER
ASSISTANT PLANNER
ASSISTANT TO THE TREASURER
ASSOCIATE CONTRACT ADMINISTRATOR
ASSOCIATE ENGINEER
ASSOCIATE PLANNER
BUILDING INSPECTOR I
BUILDING INSPECTOR II
BUILDING MAINTENANCE WORKER I
BUILDING MAINTENANCE WORKER II
BUILDING TECHNICIAN II
BUSINESS INTELLIGENCE ANALYST
BUSINESS SYSTEMS ASSOCIATE
BUSINESS SYSTEMS SPECIALIST
RANGE
17
28
68
55
45
42
94
75
50
82
64
74
52
98
78
55
70
29
41
50
94
70
84
BUSINESS SYSTEMS SPECIALIST Y-RATED*84Y
BUYER/CONTRACT ADMINISTRATOR 63
CLIENT SYSTEMS ADMINISTRATOR 88
CLIENT SYSTEMS ASSOC. ADMINISTRATOR 52
CIRCULATION SUPERVISOR 37
CODE Enforcement Officer I 43
CODE Enforcement Officer II 58
COMMUNITY OUTREACH SUPERVISOR 58
CRIME PREVENTION SPECIALIST 44
CROSS CONNECTION CONTROL TECHNICIAN 67
CUSTODIAN 6
CUSTODIAN II 16
DEPUTY CITY CLERK 58
ELECTRICIAN 62
ENGINEERING TECHNICIAN I 45
ENGINEERING TECHNICIAN II 60
ENVIRONMENTAL SPECIALIST I 53
ENVIRONMENTAL SPECIALIST II 70
EQUIPMENT SERVICE WORKER 21
EQUIPMENT TECHNICIAN I 4 3
EQUIPMENT TECHNICIAN II 51
FIRE PERMIT TECHNICIAN I 35
FIRE PERMIT TECHNICIAN II 52
GIS ADMINISTRATOR 109
GIS ANALYST 84
GIS ASSOCIATE ANALYST
GIS TECHNICIAN
GRAPHIC ARTIST
HOUSING ASSISTANT
HOUSING SPECIALIST I
HOUSING SPECIALIST II
HUMAN RESOURCES TECHNICIAN
70
60
49
22
48
63
42
CLASSIFICATION RANGE
INSPECTOR I 57
INSPECTOR II 70
JUNIOR ENGINEER 68
JUNIOR PLANNER 50
JUVENILE JUSTICE PROGRAM COORD. 58
LEAD EQUIPMENT TECHNICIAN 61
LEAD LIBRARIAN 63
LEGAL ASSISTANT 56
LEGAL TECHNICIAN 80
LEGAL SECRETARY 49
LIBRARIAN 55
LIBRARIAN Y-RATED* 55Y
LIBRARY ASSISTANT I 26
LIBRARY ASSISTANT II 37
LIBRARY CLERK I 3
LIBRARY CLERK II 6
LIBRARY MEDIA&GRAPHICS SUPERVISOR 58
MAINTENANCE AIDE 13
MAINTENANCE WORKER I 17
MAIL CLERK/MESSENGER 1
METER SERVICES WORKER I 11
METER SERVICES WORKER II 33
METER SERVICES WORKER III 46
NETWORK ASSOCIATE 71
NETWORK ENGINEER 88
OFFICE SPECIALIST I 5
OFFICE SPECIALIST II 12
OPERATIONS/MAINTENANCE STOREKEEPER 47
PARK MAINTENANCE SPECIALIST
PARK MAINTENANCE WORKER II
PARK MAINTENANCE WORKER III
PARK PLANNER
PLANNING TECHNICIAN I
PLANNING TECHNICIAN II
POLICE RECORDS SPECIALIST I
POLICE RECORDS SPECIALIST II
PRODUCTION TECHNICIAN
RECORDS SUPERVISOR
RECREATION ASSISTANT
RECREATION SPECIALIST
RECREATION SUPERVISOR
RISK TECHNICIAN
SANITATION SYSTEMS OPERATOR I
SANITATION SYSTEMS OPERATOR II
SANITATION SYSTEMS OPERATOR III
SCADA TECHNICIAN
SECRETARY
SENIOR APPLICATIONS ANALYST
SENIOR BUILDING INSPECTOR
41
28
46
85
37
50
17
22
43
65
10
30
54
53
56
65
80
92
34
109
85
SENIOR BUILDING MAINTENANCE WORKER 53
SENIOR BUSINESS SYSTEMS SPECIALIST 99
SENIOR CIRCULATION SUPERVISOR 50
SENIOR CODE ENFORCEMENT OFFICER 78
SENIOR CONSTRUCTION INSPECTOR
SENIOR CONTRACT ADMINISTRATOR
85
80
*Employees in the Librarian Classification as of 6/18/13 who were hired prior to 1/1/10 have salaries that are y-
rated in the salary range 55Y.
*Employee in the Business Systems Specialist Classification transferred as a result of 9/1/2014 CCEA side letter March 27, 2018 Item #2 Page 79 of 236
CLASSIFICATION
SENIOR CROSS CONN. CONTROL TECH.
SENIOR DATABASE ADMINISTRATOR
SENIOR HUMAN RESOURCES TECHNICIAN
SENIOR ELECTRICIAN
SENIOR ENVIRONMENTAL SPECIALIST
SENIOR LIBRARIAN
SENIOR NETWORK ENGINEER
SENIOR OFFICE SPECIALIST
SENIOR PLANNER
SENIOR STORM DRAIN MAINT. WORKER
SENIOR WEB ENGINEER
RANGE
77
114
52
72
85
73
114
23
95
58
114
STOREKEEPER 22
STORM DRAIN MAINTENANCE WORKER 44
STREET MAINTENANCE WORKER II 33
STREET MAINTENANCE WORKER III 46
TECHNICIAN I 35
TRAFFIC SYSTEMS OPS SPECIALIST 80
TRAINING COORDINATOR 49
TREE TRIMMER I 25
TREE TRIMMER II 36
TREE TRIMMER LEADWORKER 51
UTILITY MAINTENANCE WORKER III 54
UTILITY WORKER I 40
UTILITY WORKER II 52
UTILITY WORKER III 63
VALVE MAINTENANCE WORKER 54
WASTE WATER UTILITY WORKER I 41
WASTE WATER UTILITY WORKER II 52
WASTE WATER UTILITY WORKER III 67
WAREHOUSE TECHNICIAN 43
WATER CONSERVATION SPECIALIST 41
WATER CONSERVATION SPECIALIST-CMWD 42
WATER SYSTEMS OPERATOR I
WATER SYSTEMS OPERATOR II
WATER SYSTEMS OPERATOR III
67
77
87
Attachment B
March 27, 2018 Item #2 Page 80 of 236
CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE
Effective 3/27/2018
HOURLY Bl-WEEKLY
Attachment B
RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM
1 $14.84 $17.13 $19.41 1 $1,187.20 $1,370.00 $1,552.80
2 $14.99 $17.30 $19.61 2 $1,199.20 $1,384.00 $1,568.80
3 $15.14 $17.47 $19.80 3 $1,211.20 $1,397.60 $1,584.00
4 $15.29 $17.65 $20.00 4 $1,223.20 $1,411.60 $1,600.00
5 $15.44 $17.82 $20.20 5 $1,235.20 $1,425.60 $1,616.00
6 $15.60 $18.00 $20.40 6 $1,248.00 $1,440.00 $1,632.00
7 $15.75 $18.18 $20.61 7 $1,260.00 $1,454.40 $1,648.80
8 $15.91 $18.36 $20.81 8 $1,272.80 $1,468.80 $1,664.80
9 $16.07 $18.55 $21.02 9 $1,285.60 $1,483.60 $1,681.60
10 $16.23 $18.73 $21.23 10 $1,298.40 $1,498.40 $1,698.40
11 $16.39 $18.92 $21.44 11 $1,311.20 $1,513.20 $1,715.20
12 $16.56 $19.11 $21.66 12 $1,324.80 $1,528.80 $1,732.80
13 $16.72 $19.30 $21.87 13 $1,337.60 $1,543.60 $1,749.60
14 $16.89 $19.49 $22.09 14 $1,351.20 $1,559.20 $1,767.20
15 $17.06 $19.69 $22.31 15 $1,364.80 $1,574.80 $1,784.80
16 $17.23 $19.89 $22.54 16 $1,378.40 $1,590.80 $1,803.20
17 $17.40 $20.08 $22.76 17 $1,392.00 $1,606.40 $1,820.80
18 $17.58 $20.29 $22.99 18 $1,406.40 $1,622.80 $1,839.20
19 $17.75 $20.49 $23.22 19 $1,420.00 $1,638.80 $1,857.60
20 $17.93 $20.69 $23.45 20 $1,434.40 $1,655.20 $1,876.00
21 $18.11 $20.90 $23.69 21 $1,448.80 $1,672.00 $1,895.20
22 $18.29 $21.11 $23.92 22 $1,463.20 $1,688.40 $1,913.60
23 $18.47 $21.32 $24.16 23 $1,477.60 $1,705.20 $1,932.80
24 $18.66 $21.53 $24.40 24 $1,492.80 $1,722.40 $1,952.00
25 $18.84 $21.75 $24.65 25 $1,507.20 $1,739.60 $1,972.00
26 $19.03 $21.96 $24.89 26 $1,522.40 $1,756.80 $1,991.20
27 $19.22 $22.18 $25.14 27 $1,537.60 $1,774.40 $2,011.20
28 $19.41 $22.41 $25.40 28 $1,552.80 $1,792.40 $2,032.00
29 $19.61 $22.63 $25.65 29 $1,568.80 $1,810.40 $2,052.00
30 $19.80 $22.86 $25.91 30 $1,584.00 $1,828.40 $2,072.80
31 $20.00 $23.08 $26.16 31 $1,600.00 $1,846.40 $2,092.80
32 $20.20 $23.32 $26.43 32 $1,616.00 $1,865.20 $2,114.40
33 $20.40 $23.55 $26.69 33 $1,632.00 $1,883.60 $2,135.20
34 $20.61 $23.79 $26.96 34 $1,648.80 $1,902.80 $2,156.80
35 $20.81 $24.02 $27.23 35 $1,664.80 $1,921.60 $2,178.40
36 $21.02 $24.26 $27.50 36 $1,681.60 $1,940.80 $2,200.00
37 $21.23 $24.50 $27.77 37 $1,698.40 $1,960.00 $2,221.60
38 $21.44 $24.75 $28.05 38 $1,715.20 $1,979.60 $2,244.00
39 $21.66 $25.00 $28.33 39 $1,732.80 $1,999.60 $2,266.40
40 $21.88 $25.25 $28.62 40 $1,750.40 $2,020.00 $2,289.60
41 $22.09 $25.50 $28.90 41 $1,767.20 $2,039.60 $2,312.00
42 $22.31 $25.75 $29.19 42 $1,784.80 $2,060.00 $2,335.20
43 $22.54 $26.01 $29.48 43 $1,803.20 $2,080.80 $2,358.40
44 $22.76 $26.27 $29.78 44 $1,820.80 $2,101.60 $2,382.40
45 $22.99 $26.53 $30.07 45 $1,839.20 $2,122.40 $2,405.60
46 $23.22 $26.80 $30.38 46 $1,857.60 $2,144.00 $2,430.40
47 $23.45 $27.07 $30.68 47 $1,876.00 $2,165.20 $2,454.40
48 $23.69 $27.34 $30.99 48 $1,895.20 $2,187.20 $2,479.20
Page 1 of 6
March 27, 2018 Item #2 Page 81 of 236
CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE
Effective 3/27/2018
HOURLY Bl-WEEKLY
Attachment B
RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM
49 $23.92 $27.61 $31.30 49 $1,913.60 $2,208.80 $2,504.00
50 $24.16 $27.89 $31.61 50 $1,932.80 $2,230.80 $2,528.80
51 $24.40 $28.16 $31.92 51 $1,952.00 $2,252.80 $2,553.60
52 $24.65 $28.45 $32.24 52 $1,972.00 $2,275.60 $2,579.20
53 $24.89 $28.73 $32.57 53 $1,991.20 $2,298.40 $2,605.60
54 $25.14 $29.02 $32.89 54 $2,011.20 $2,321.20 $2,631.20
55 $25.40 $29.31 $33.22 55 $2,032.00 $2,344.80 $2,657.60
55Y ----$33.39 55Y ----$2,671.20
56 $25.65 $29.60 $33.55 56 $2,052.00 $2,368.00 $2,684.00
57 $25.91 $29.90 $33.89 57 $2,072.80 $2,392.00 $2,711.20
58 $26.16 $30.20 $34.23 58 $2,092.80 $2,415.60 $2,738.40
59 $26.43 $30.50 $34.57 59 $2,114.40 $2,440.00 $2,765.60
60 $26.69 $30.80 $34.91 60 $2,135.20 $2,464.00 $2,792.80
61 $26.96 $31.11 $35.26 61 $2,156.80 $2,488.80 $2,820.80
62 $27.23 $31.43 $35.62 62 $2,178.40 $2,514.00 $2,849.60
63 $27.50 $31.74 $35.97 63 $2,200.00 $2,538.80 $2,877.60
64 $27.77 $32.05 $36.33 64 $2,221.60 $2,564.00 $2,906.40
65 $28.05 $32.38 $36.70 65 $2,244.00 $2,590.00 $2,936.00
66 $28.33 $32.70 $37.06 66 $2,266.40 $2,615.60 $2,964.80
67 $28.62 $33.03 $37.43 67 $2,289.60 $2,642.00 $2,994.40
68 $28.90 $33.36 $37.81 68 $2,312.00 $2,668.40 $3,024.80
69 $29.19 $33.69 $38.19 69 $2,335.20 $2,695.20 $3,055.20
70 $29.48 $34.03 $38.57 70 $2,358.40 $2,722.00 $3,085.60
71 $29.78 $34.37 $38.95 71 $2,382.40 $2,749.20 $3,116.00
72 $30.07 $34.71 $39.34 72 $2,405.60 $2,776.40 $3,147.20
73 $30.38 $35.06 $39.74 73 $2,430.40 $2,804.80 $3,179.20
74 $30.68 $35.41 $40.13 74 $2,454.40 $2,832.40 $3,210.40
75 $30.99 $35.76 $40.53 75 $2,479.20 $2,860.80 $3,242.40
76 $31.30 $36.12 $40.94 76 $2,504.00 $2,889.60 $3,275.20
77 $31.61 $36.48 $41.35 77 $2,528.80 $2,918.40 $3,308.00
78 $31.92 $36.84 $41.76 78 $2,553.60 $2,947.20 $3,340.80
79 $32.24 $37.21 $42.18 79 $2,579.20 $2,976.80 $3,374.40
80 $32.57 $37.59 $42.60 80 $2,605.60 $3,006.80 $3,408.00
81 $32.89 $37.96 $43.03 81 $2,631.20 $3,036.80 $3,442.40
82 $33.22 $38.34 $43.46 82 $2,657.60 $3,067.20 $3,476.80
83 $33.55 $38.72 $43.89 83 $2,684.00 $3,097.60 $3,511.20
84 $33.89 $39.11 $44.33 84 $2,711.20 $3,128.80 $3,546.40
85 $34.23 $39.50 $44.77 85 $2,738.40 $3,160.00 $3,581.60
86 $34.57 $39.90 $45.22 86 $2,765.60 $3,191.60 $3,617.60
87 $34.91 $40.29 $45.67 87 $2,792.80 $3,223.20 $3,653.60
88 $35.26 $40.70 $46.13 88 $2,820.80 $3,255.60 $3,690.40
89 $35.62 $41.11 $46.59 89 $2,849.60 $3,288.40 $3,727.20
90 $35.97 $41.52 $47.06 90 $2,877.60 $3,321.20 $3,764.80
91 $36.33 $41.93 $47.53 91 $2,906.40 $3,354.40 $3,802.40
92 $36.70 $42.35 $48.00 92 $2,936.00 $3,388.00 $3,840.00
93 $37.06 $42.77 $48.48 93 $2,964.80 $3,421.60 $3,878.40
94 $37.43 $43.20 $48.97 94 $2,994.40 $3,456.00 $3,917.60
95 $37.81 $43.64 $49.46 95 $3,024.80 $3,490.80 $3,956.80
Page 2 of 6
March 27, 2018 Item #2 Page 82 of 236
CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE
Effective 3/27/2018
HOURLY Bl-WEEKLY
Attachment B
RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM
96 $38.19 $44.07 $49.95 96 $3,055.20 $3,525.60 $3,996.00
97 $38.57 $44.51 $50.45 97 $3,085.60 $3,560.80 $4,036.00
98 $38.95 $44.96 $50.96 98 $3,116.00 $3,596.40 $4,076.80
99 $39.34 $45.41 $51.47 99 $3,147.20 $3,632.40 $4,117.60
100 $39.74 $45.86 $51.98 100 $3,179.20 $3,668.80 $4,158.40
101 $40.13 $46.32 $52.50 101 $3,210.40 $3,705.20 $4,200.00
102 $40.53 $46.78 $53.03 102 $3,242.40 $3,742.40 $4,242.40
103 $40.94 $47.25 $53.56 103 $3,275.20 $3,780.00 $4,284.80
104 $41.35 $47.72 $54.09 104 $3,308.00 $3,817.60 $4,327.20
105 $41.76 $48.20 $54.63 105 $3,340.80 $3,855.60 $4,370.40
106 $42.18 $48.68 $55.18 106 $3,374.40 $3,894.40 $4,414.40
107 $42.60 $49.17 $55.73 107 $3,408.00 $3,933.20 $4,458.40
108 $43.03 $49.66 $56.29 108 $3,442.40 $3,972.80 $4,503.20
109 $43.46 $50.16 $56.85 109 $3,476.80 $4,012.40 $4,548.00
110 $43.89 $50.66 $57.42 110 $3,511.20 $4,052.40 $4,593.60
111 $44.33 $51.16 $57.99 111 $3,546.40 $4,092.80 $4,639.20
112 $44.77 $51.67 $58.57 112 $3,581.60 $4,133.60 $4,685.60
113 $45.22 $52.19 $59.16 113 $3,617.60 $4,175.20 $4,732.80
114 $45.67 $52.71 $59.75 114 $3,653.60 $4,216.80 $4,780.00
Page 3 of 6
March 27, 2018 Item #2 Page 83 of 236
PURPOSE
STANDBY POLICY
FOR INFORMATION TECHNOLOGY DEPARTMENT
CITY OF CARLSBAD
Attachment C
To establish a departmental policy to provide after-hours support for those technology services that
are critical to the operations of the City. Standby duty assignment is defined in the Memorandum
of Understanding (MOU) between the City of Carlsbad and the Carlsbad City Employees'
Association (CCEA) under the, sections titled, "Call Back Pay" and "Standby Pay".
POLICY
Information Technology (IT) employees that have the required expertise in the applications and
infrastructure that are critical to the operations of the City shall, on a rotating basis, serve as the
after-hours support to ensure that support to the City is available. This policy will take effect as of
July 1, 2018. However, IT employees may volunteer for standby duty prior to July 1, 2018 but after
ratification of the CCEA MOU with a term of January 1, 2018 through December 31, 2020. All of
the procedures outlined in this policy except procedure number 1 shall apply to those employees
who volunteer for standby duty prior to July 1, 2018.
PROCEDURES:
1. The IT Management shall determine which IT employees have sufficient expertise in the
systems critical to the IT Department in order to provide the necessary after-hours support.
IT Management will define all systems that require after-hours support and the levels of
service expected to be delivered for each system. This information will be included in the
standby schedule and is subject to change by IT Management.
The standby schedule will be published at least thirty (30) days prior to the commencement
of the schedule, so that employees can make plans in advance. When developing the
schedule, the department will work to ensure that employees are not scheduled for a standby
assignment during a week when the staff member has a scheduled day off (i.e. 9/80 Friday
offNacation/Sick Leave/Military Leave.). IT Management will endeavor to rotate standby
duty among employees in a way that minimizes the impact on employees. Employees are
encouraged to talk to their supervisor if they have concerns about the impact of standby duty
on them.
2. The employee on standby will carry a cellular telephone during their duty assignment. All
employees assigned to standby shall maintain current contact information, including a cell
phone number and an alternate number, on file with the IT Department.
3. When a call/message is received, the employee on standby must respond promptly. In
instances where it is clear that the issue/request is not part of the services deemed by IT
Management as required to provide outside of normal business hours and, therefore, no call
back work is required, the time spent listening to the call or reading the message is part of
standby duty and does not trigger callback duty or overtime pay. Standby duty also includes
receiving/reading messages noting that an issue was resolved. In all other instances, the
time spent troubleshooting or gathering more information to determine whether or not the
Page 1 of2 March 27, 2018 Item #2 Page 84 of 236
Attachment C
issue warrants after hours support, as well as the time spent working to resolve the issue is
considered part of Call Back duty which triggers callback duty and overtime pay.
4. If the employee on standby receives a call and they require the assistance of another IT staff
member to resolve the issue, the employee on standby will contact the other IT staff member
and also inform appropriate IT Management. The employee on standby and the other IT
employee who is contacted and spends time resolving the issue qualify for overtime in
accordance with the section of the MOU titled "Call Back Pay".
5. If the situation requires the employee on standby to physically visit a City site/facility, the
employee must wear clothing appropriate to the assignment as a representative of the City of
Carlsbad.
6. During the employee's duty assignment, the employee must carry City identification at all
times in the event a physical site visit is necessary.
7. During the employee's standby duty assignment, the employee shall be at a place where the
employee can reasonably expect to respond and arrive at the City of Carlsbad facility within
1 hour. On site troubleshooting may be necessary if the issue cannot be resolved remotely.
To enable the employee's ability to remotely troubleshoot issues, the City will provide a
laptop and a cellular enabled portable Wi-Fi hotspot.
8. During the employee's duty assignment, the employee must abide by the current MOU
Alcohol and Drug Policy.
9. All safety policies and procedures instituted by the City and the Department will be
followed at all times when conducting city business.
10. During the employee's duty assignment, the employee will be compensated per the section
titled, "Standby Pay" in the MOU between the City of Carlsbad and CCEA.
11. If called while on standby assignment and subsequently required to perform
troubleshooting, the employee will receive compensation per the sections titled, "Overtime"
and "Call Back Pay" in the MOU between the City of Carlsbad and CCEA.
12. In the event of illness, injury or any other event which may prevent the designated standby
person from responding during a shift, the employee should notify designated IT
Management so that a replacement may be designated to finish that shift. The manager will
contact the employee who is next in line on the standby schedule and ask if that employee is
available to assume all or the remainder of a vacant standby shift. This process will
continue until the vacant standby shift is filled. In the event that no staff member accepts
the vacant standby shift, IT Management will fill the vacant shift.
13. The Standby Schedule is not affected by holidays. The rotation continues as scheduled.
14. The City shall have complete discretion in determining the standby assignment and rotation
schedule and the City's decision and the impact of its decision shall be excluded from the
grievance procedure.
Page2 of2 March 27, 2018 Item #2 Page 85 of 236
Attachment D
ADMINISTRATIVE ORDER NO. 64 March 27, 2018
TO: ALL DEPARTMENTS
FROM: City Manager
SUBJECT: DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY
SENSITIVE POSITIONS
ENCLOSURES:
DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY
SENSITIVE POSITIONS
PURPOSE
To implement a drug and alcohol testing policy for employees who operate commercial vehicles to
ensure that employees are fit for duty and to protect our employees and the public from risks posed
by the use of alcohol and controlled substances. This policy also complies with the policy of the
U.S. Department of Transportation and Federal Motor Carrier Safety Administration's regulations.
BACKGROUND
The City of Carlsbad implemented a Drug and Alcohol Testing Policy for Commercial Drivers in
1997 in response to a Federally mandated program governed by the Department of Transportation.
Periodically, the Department of Transportation amends its policy for commercial drivers and the
Federal Motor Carrier Safety Administration amends its policy. The attached City of Carlsbad
policy is updated to reflect the recent changes mandated by these federal agencies.
POLICY
See Attachment A
ACTION
This policy is effective immediately.
March 27, 2018 Item #2 Page 86 of 236
Attachment A
CITY OF CARLSBAD
DRUG & ALCOHOL TESTING POLICY
FOR EMPLOYEES IN SAFETY SENSITIVE
POSITIONS
2 March 27, 2018 Item #2 Page 87 of 236
CITY OF CARLSBAD DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN
SAFETY SENSITIVE POSITIONS
TABLE OF CONTENTS
SECTION
A. PURPOSE
B. CONTACT FOR POLICY QUESTIONS
C. COVERED EMPLOYEES
D. SAFETY SENSITIVE FUNCTIONS
E. PROHIBITED CONDUCT
F. CONSEQUENCES FOR VIOLATIONS
G. REFUSAL TO SUBMIT TO AN ALCOHOL OR DRUG TEST
H. DRUG TESTING
I. ALCOHOL TESTING
J. TYPES OF TESTS REQUIRED
1. Pre-employment/Pre-Duty Testing
2. Post-Accident
3. Random Testing
4. Reasonable Suspicion
5. Return-to-Duty /Follow-up
K. PRESCRIPTION DRUG USE
L. CONSEQUENCES OF POSITIVE TEST RESULTS
M. SUBSTANCE ABUSE PROFESSIONAL
N. COVERED EMPLOYEE ASSISTANCE PROGRAM
0. RECORD KEEPING
P. ACCESS TO RECORDS
Q. TRAINING
R. NOTICE TO COVERED EMPLOYEES
s. COMPLIANCE WITH FEDERAL LAW
APPENDIX A -LIST OF COVERED CLASSIFICATIONS
APPENDIX B-DEFINITIONS
APPENDIX C-TESTING PROCEDURES
3
PAGE NUMBER
4
5
5
5
6
7
7
8
10
10
11
12
13
14
14
14
15
15
15
16
17
17
17
18
19
23
March 27, 2018 Item #2 Page 88 of 236
DRUG & ALCOHOL TESTING POLICY
FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS
The City of Carlsbad is committed to a workplace free from the influence and effects of
drugs and alcohol that may adversely affect a covered employee's work performance,
efficiency, safety and health. It is important to ensure the welfare and safety of all covered
employees to perform their work in a drug-free environment. In support of this
commitment, the City's Drug and Alcohol Policy has been established for all covered
employees consistent with the Drug Free Workplace Act.
For those employees whose job requires specific use of a commercial vehicle, this policy has
been established to outline requirements consistent with the Department of Transportation
regulations related to commercial drivers. Any covered employee who violates this policy,
jeopardizes the safety or welfare of themselves or others, or creates risk of property loss or
damage may be subject to disciplinary action including termination of employment.
A. PURPOSE
This policy establishes guidelines in compliance with the Federal Drug-Free
Workplace Act of 1988, the Omnibus Transportation Employee Testing Act of 1991
(Omnibus Act), the Federal Transportation Administration, Federal Motor Carrier
Safety Administration, (FMCSA) regulations of 1994 (49 C.F.R. parts 40 and 382 et
seq.), the California Drug-Free Workplace Act of 1990, and Section 34520(a) of the
California Vehicle Code. DOT Regulations require that regular drug and alcohol
testing be performed on employees in safety-sensitive positions who operate specified
commercial vehicles.
The purpose of this policy is to assure that City commercial vehicles are operated in a
safe manner and that the public is protected from risks associated with the use of
alcohol or drugs in the operation of City commercial vehicles.
Members of the Carlsbad City Employees' Association (CCEA) are still required to
comply with the provisions of the drug and alcohol policy included in any applicable
Memorandum Of Understanding (MOU). The obligations and requirements set forth
below are in addition to existing provisions, and shall prevail where provisions in the
MOU conflict with this Policy.
Covered employees are required to submit to alcohol and drug testing administered
in accordance with federal regulations as a condition of employment. Covered
employees shall be asked to sign a statement certifying that they have each received
a copy of this policy and understand its contents.
This policy complies with 49 CFR Part 655, as amended, 49 CFR Part 382, as
amended, and 49 CFR Part 40, as amended. Copies of Parts 655, 382, and 40 can be
found on the internet at the Department of Transportation Office of Drug and Alcohol
Policy and Compliance website http://www.dot.gov/ odapc.
4 March 27, 2018 Item #2 Page 89 of 236
B. CONTACT FOR POLICY QUESTIONS
Covered employees having any questions regarding their rights and obligations under
this policy should submit their questions to the Human Resources Department.
C. COVERED EMPLOYEES
Individuals who are required to have or utilize a commercial driver's license to
operate (i.e., drive) the following commercial motor vehicles are considered "covered
employees":
1. a vehicle with a gross combination weight of at least 26,001 pounds or more,
inclusive of a towed unit with a gross vehicle weight rating of more than
10,000 pounds;
2. a vehicle with a gross vehicle weight of at least 26,001 pounds;
3. a vehicle designed to transport 16 or more passengers, including the driver; or
4. a vehicle of any size required to be placarded under Department of
Transportation hazardous material regulations.
The City of Carlsbad job classifications listed in Appendix A require or utilize a
commercial driver's license, and are therefore subject to the provisions of this policy.
However, a covered employee may be given a written exemption from this policy
signed by the Human Resources Director if the covered employee's classification is
listed in Appendix "A" but the covered employee does not operate, and is not
expected to operate, the commercial motor vehicles listed above.
All covered employees will be subject to pre-employment, reasonable suspicion, post-
accident, random, return-to-duty, and follow-up drug and/or alcohol testing.
Applicants for safety-sensitive positions will not be hired, nor will current covered
employees be assigned to safety sensitive functions unless they pass a drug test.
Pre-employment Inquiries
Applicants for classifications listed in Appendix A will be subject to inquiries about
any violations from prior employers within the past ten years which shall include,
but not be limited to, testing positive or refusal to take a pre-employment test.
D. SAFETY SENSITIVE FUNCTIONS
Covered employees shall not be under the influence or in possession of alcohol or
controlled substances during work hours, standby hours, or when engaged in any of
the following safety sensitive functions involving a commercial motor vehicle (CMV):
1. Driving or being in a CMV.
2. Performing maintenance on a CMV.
3. Inspecting or servicing a CMV.
4. Loading or unloading a CMV.
5. Supervising or assisting the loading or unloading of a CMV.
6. Attending a vehicle being loaded or unloaded.
5 March 27, 2018 Item #2 Page 90 of 236
7. Waiting to load or unload a CMV or waiting to be dispatched.
8. While in readiness to operate a CMV.
9. While obtaining assistance or remaining in attendance on a disabled CMV.
10. Performing all other functions in or upon a CMV (except resting in a sleeper
berth).
11. When submitting to a test required by this policy.
E. PROHIBITED CONDUCT
Covered employees shall not engage in any of the following conduct while performing,
preparing to perform, or waiting to perform a safety-sensitive function:
1. Covered employees are prohibited from reporting for duty or staying on duty:
a. with a blood alcohol concentration of 0.02 or greater;
b. if in possession of alcohol or products containing alcohol;
c. if consuming alcohol;
d. within four hours after using alcohol; or
e. with a quantifiable presence of marijuana, cocaine, phencyclidine (PCP),
opiates or amphetamines in the body above the minimum thresholds
required by law.
2. Covered employees who have been involved in an accident may not use alcohol
until post-accident testing is done (see Section I-2) or for a period of eight (8)
hours after the accident, whichever occurs first.
3. Covered employees may not report for duty or stay on safety sensitive duty if
the covered employee uses any controlled substance. Exceptions may be
made in the case of controlled substances prescribed by a licensed medical
practitioner, provided the licensed medical practitioner has indicated that the
substance will not adversely affect the covered employee's ability to perform
safety-sensitive functions, and such usage is reported by the covered employee
to the employee's supervisor.
4. Covered employees may not report for duty or stay on safety sensitive duty if
they have tested positive on a drug and/ or alcohol test or have adulterated or
altered a specimen as evidenced by test results showing either a substance
that is not a normal constituent for that type of specimen or showing an
abnormal concentration of an endogenous substance. A "positive test"
includes a blood alcohol concentration equal to or greater than 0.02 on an
alcohol test, and/ or a positive finding for controlled substances on a drug test.
5. Covered employees shall not directly or through a third party, manufacture,
sell, distribute, dispense, or otherwise attempt to manufacture, sell, or
distribute alcohol, drugs, or controlled substances during work hours,
including meal or rest breaks or while on City premises.
6. Covered employees shall not possess alcohol or drugs while on duty, while on
City property, or in a City vehicle nor shall they use City property or premises
to manufacture, sell, or distribute alcohol, drugs, or controlled substances.
6 March 27, 2018 Item #2 Page 91 of 236
7. Covered employees shall not refuse to submit to drug or alcohol testing as
required by federal law or regulation (see Section G), or report to duty or
remain on duty to perform any safety sensitive function after refusing to
submit to testing.
8. A covered employee's absences or tardiness as a result of having been under
the influence of alcohol, drugs, or controlled substances during non-work time
shall be considered unexcused absences.
F. CONSQUENCES FOR VIOLATIONS
Following a positive drug or alcohol (BAC at or above 0.04) test result or test
refusal, the covered employee will be immediately removed from safety-
sensitive duty and may be referred to a Substance Abuse Professional.
Following a BAC of 0.02 or greater, but less than 0.04, the covered employee
will be immediately removed from safety-sensitive duties for at least eight (8)
hours unless a retest results in the covered employee's alcohol concentration
being less than 0.02.
G. REFUSAL TO SUBMIT TO AN ALCOHOL OR DRUG TEST
A covered employee who refuses to submit to alcohol or drug testing required by the
City pursuant to this policy, shall be prohibited from performing or continuing to
perform safety sensitive functions. A covered employee's refusal to submit to alcohol
or drug testing required by the City for any reason shall be considered an act of
insubordination and may result in disciplinary action, up to and including
termination.
Refusal to submit includes, but is not limited to:
1. Failure to provide adequate quantity of breath for alcohol testing, without valid
medical explanation, after being notified of the requirement for breath testing;
2. Failure to provide an adequate quantity of urine sample for drug testing,
without a genuine inability to provide a specimen (as determined by medical
evaluation), after being notified of the requirement for urine testing;
3. Engaging in conduct that clearly obstructs the testing process, i.e., failure to
permit monitoring or observation of provision of a sample;
4. Refusal to sign any required forms, or refusal to otherwise cooperate with the
testing process;
5. Not reporting to the collection site in the time allotted by the supervisor or
manager who directs the covered employee to be tested;
6. Failure to remain at the testing site until the testing process is complete;
7 March 27, 2018 Item #2 Page 92 of 236
7. Leaving the scene of an accident without authorization from a supervisor or
manager charged with determining whether or not testing is necessary;
8. Consuming alcohol during the eight (8) hours immediately following an
accident and prior to testing;
9. If the Medical Review Officer (MRO) reports that you have a verified
adulterated or substituted test result;
10. Failure to take a second test if required by the supervisor or manager, or the
test collector; and
11. Failure to undergo a medical exam or evaluation as directed by the MRO, as
part of the verification process. In the case of pre-employment controlled
substance testing this does not apply unless a contingent offer of employment
has been made.
H. DRUG TESTING
Drug testing involves urine sampling and shall be conducted in strict accordance
with the procedures required by the Department of Transportation. The sample shall
be collected in a private location, and split into two specimens for the purpose of
retesting if necessary. Testing shall be conducted by a laboratory certified by the
Department of Health and Human Services.
Urine specimens shall be screened for the following substances:
1. Amphetamines/Methamphetamines/MDMA (i.e. speed and crystal);
2. Cocaine metabolites;
3. Opiates (i.e. codeine, heroin, and morphine);
4. Phencyclidine (PCP), and
5. THC (Marijuana).
Drug testing is a two-stage process. If an initial screening is positive for one or more
of the above drugs, then a second "confirmation" test will be performed for each
identified drug using state-of-the-art gas chromatography /mass spectrometry
(GC/MS) analysis. GC/MS is used to perform specific test which positively identifies
the presence of a particular substance.
The urine samples also undergo validity testing. This testing evaluates the specimen
to determine if it is consistent with normal human urine. The purpose of validity
testing is to determine whether certain adulterants or foreign substances were added
to the urine, if the urine was diluted, or if the specimen was substituted.
MRO Verification of Positive Test Results
A Medical Review Officer (MRO) will review and verify all positive drug test results
and dilute results. The MRO will be a licensed physician (medical doctor or doctor of
osteopathy) with knowledge of substance abuse disorders and appropriate medical
8 March 27, 2018 Item #2 Page 93 of 236
training to interpret and evaluate an affected covered employee's test result, medical
history, and other relevant biomedical information.
Prior to verifying a positive drug test result, the MRO will contact the affected covered
employee, on a confidential basis, to provide the covered employee with an
opportunity to discuss the test result. If, after making reasonable efforts, the MRO is
not able to contact the affected covered employee directly, the MRO will contact the
City Designated Employer Representative (DER). The DER will, in a confidential
manner, immediately contact the covered employee and request that the covered
employee contact the MRO immediately. The DER will then notify the MRO that this
request has been made of the covered employee. The DER will also inform the
covered employee of the consequences of failing to contact the MRO within the next
72 hours.
The MRO may verify the positive and dilute test result without input from the
affected employee:
1. If the employee specifically declines to discuss the test result; or
2. If, after making reasonable efforts, neither the MRO nor the DER is able to
contact the affected covered employee within 10 days after the MRO receives
the positive test result from the laboratory; or
3. If the covered employee fails to contact the MRO within 72 hours after being
requested to do so by the DER.
4. In the case of a dilute result the MRO may request the covered employee to
submit to a repeat test upon learning of this result. The recollection may be
ordered under observation and with a minimum of advanced notice.
If a serious injury or illness or other unavoidable circumstances prevented the
covered employee from contacting the MRO within the above time frames, the covered
employee may present documentation of the injury, illness or circumstances to the
MRO within 60 days of the verification. The MRO may elect, based on the
information, to reopen the verification and allow the covered employee an opportunity
to provide a legitimate explanation for the positive test result. If the MRO concludes
that there is a legitimate explanation, the MRO will declare the test result to be
negative.
Notification of Tests Results by MRO and Testing of Split Specimen
If the MRO verifies a positive drug test result, the MRO will notify the DER. In
addition, the MRO will notify and advise the affected covered employee that the
covered employee has 72 hours from the time of notification in which to request a
test of the split specimen. If the covered employee makes such a request, the MRO
will direct the laboratory who conducted the primary test to provide the split
specimen to another certified laboratory for analysis.
If the analysis of the split specimen fails to reconfirm the presence of drugs or if the
split specimen is unavailable, inadequate for testing, or untestable, the MRO shall
9 March 27, 2018 Item #2 Page 94 of 236
cancel the test and report the reasons for the cancellation to the Department of
Transportation, the City DER and the affected covered employee. If the split
specimen is reconfirmed, the MRO shall notify the DER and the covered employee of
the test results.
If a serious injury or illness or other unavoidable circumstances prevented the
covered employee from contacting the MRO within 72 hours to request a test of the
split specimen, the covered employee may present documentation of the injury,
illness or circumstances to the MRO. If the MRO concludes that there is a legitimate
explanation for the covered employee's failure to contact the MRO within 72 hours,
the MRO shall direct that the analysis of the split specimen be performed.
Notification of Test Results by City
The Designated Employer Representative will notify an applicant of the results of a
pre-employment drug test if the applicant requests the results within 60 calendar
days after having been notified of the disposition of the employment application. The
Designated Employer Representative will notify a covered employee of the results of a
random, reasonable suspicion, or post-accident drug test if the test results are
verified positive. The Designated Employer Representative will also notify the covered
employee which drug(s) were verified as positive.
I. ALCOHOL TESTING
Alcohol testing will meet federal regulations requiring the use of an evidential breath-
testing device (EBT) approved by the National Highway Traffic Safety Administration
(NHTSA). The alcohol screening will be performed by a trained and certified Breath
Alcohol Technician (BAT). An alcohol testing form will be completed by the covered
employee and the BAT to ensure the results are properly recorded.
Two breath tests are required to determine if the covered employee has a prohibited
alcohol concentration. An initial screening test will be conducted first, and any
result less than 0.02 alcohol concentration will be considered a negative test with no
further testing required.
If the alcohol concentration is 0.02 or greater, a second "confirmation" test shall be
conducted. When a confirmation test is required, the EBT equipment shall print the
screening and confirmation test numbers in sequential order. The device shall also
print the result, date and time of both tests, along with the name and serial number
of the EBT equipment in order to ensure the reliability of the results.
J. TYPES OF TESTS REQUIRED
The following tests are required by the regulations for covered employees who
perform safety sensitive functions:
1. Pre-employment/Pre-Duty Testing
Pre-employment alcohol tests are conducted after making a conditional offer of
employment or transfer. All applicants for classifications which are covered by
10 March 27, 2018 Item #2 Page 95 of 236
this policy, including covered employees who transfer from non-covered to
covered classifications, will be required to submit to pre-employment/pre-duty
drug testing after a conditional offer of employment or transfer is made and
prior to performing safety sensitive functions. Applicants will not be hired,
assigned and/ or transferred to a safety sensitive function if they refuse to take
a drug test or have a positive test result. Similarly, a negative pre-employment
drug test result is required before covered employee can first perform safety-
sensitive functions. If a pre-employment test is cancelled, the individual will
be required to undergo another test and successfully pass with a verified
negative result before performing safety-sensitive functions.
Covered applicants who have previously failed or refused a DOT pre-
employment drug and/ or alcohol test with a prior employer must provide proof
of having successfully completed a referral, evaluation, and treatment plan
meeting DOT requirements.
2. Post-Accident
Post-accident alcohol testing will be conducted on all covered employees as
soon as practicable following:
a. an accident involving a human fatality; or
b. an accident for which the covered employee receives, within eight hours
after the accident, a traffic citation for a moving violation and one of
following also occurs:
( 1) bodily injury necessitating immediate receipt of medical
treatment away from the accident scene; or
(2) vehicle damage necessitating the vehicle be towed away from the
accident scene.
In addition, any other covered employee whose performance could have
contributed to the accident, as determined by the City using the best
information available at the time of the decision, will be tested.
The above testing requirements do not apply to:
a. an accident involving only boarding or alighting from a stationary
motor vehicle;
b. an accident involving only the loading or unloading of cargo; or
c. an accident that occurs in the course of operating a passenger car or a
multipurpose passenger vehicle unless the motor vehicle is transporting
passengers for hire or the motor vehicle is required to be placarded
under the Department of Transportation hazardous material
regulations.
11 March 27, 2018 Item #2 Page 96 of 236
Post-accident alcohol tests should be administered within 2 hours, but not
later than 8 hours following an accident. A post-accident drug test must be
conducted within 32 hours following the accident. If an alcohol test is not
administered within 2 hours or a drug test is not administered within 32
hours following an accident, the City shall prepare and maintain a record
stating the reasons the test was not promptly administered.
A covered employee who is subject to post-accident testing must remain
readily available for such testing or may be deemed as refusing to submit to
testing. However, this requirement should not prohibit a covered employee
from leaving the scene of an accident to request assistance in responding to
the accident, or delay obtaining necessary emergency medical treatment for
any injured people.
A covered employee will not be allowed to consume any alcohol for up to 8
hours after an accident unless the covered employee has already been tested
regarding the specific accident or the covered employee has been specifically
released from the testing obligation.
3. Random testing
Random drug and alcohol tests are unannounced and unpredictable, and the
dates for administering random tests are spread reasonably throughout the
calendar year.
Covered employees will be subject to and must submit to random drug and
alcohol testing as follows:
Each year the City will conduct a number of random alcohol tests equal to at
least 10% of the average number of covered employees. This percentage rate
may be adjusted in the future based on the nationwide violation rates. A
random alcohol test will only be administered just prior to or while the covered
employee is performing a safety sensitive function, or just after the covered
employee has stopped performing a safety sensitive function.
Each year the City will conduct a number of random drug tests equal to at
least 50% of the average number of covered employees. This percentage rate
may also be adjusted in the future based on the nationwide violation rates. A
random drug test may be administered at any time while on duty, regardless of
the functions being performed.
The City will select covered employees for random alcohol and controlled
substances using a scientifically valid method, such as a random number
table or a computer-based random number generator that is matched with
employee numbers or other comparable identifying numbers. Tests will be
unannounced and spread throughout the calendar year.
Under the selection process used, each covered employee shall have an equal
chance of being tested each time selections are made. Consequently, some
12 March 27, 2018 Item #2 Page 97 of 236
covered employees may be tested more than once a year, while other may not
be tested at all. Once a covered employee has been notified that he or she has
been selected for testing, he or she must be available for testing and must
proceed to the testing site immediately.
4. Reasonable Suspicion
The City will require a covered employee to submit to an alcohol and/ or drug
test whenever a trained City official or supervisor has reasonable suspicion
that the covered employee has violated the prohibitions in this policy
concerning alcohol and drug use. The determination that reasonable
suspicion exists for alcohol and/ or drug testing must be based on specific,
contemporaneous, articulable observations concerning the appearance,
behavior, speech or body odors of the covered employee. For drug testing, the
observations may also include indications of the chronic and withdrawal
effects of drugs.
Alcohol testing under this section will only occur if the observations described
above are made just prior to or while the covered employee is performing
safety-sensitive functions, or just after the covered employee has stopped
performing such functions. The alcohol test should be administered within
two hours, but cannot be administered any later than eight hours, following
the determination that there is reasonable suspicion for the test. If the alcohol
test is not administered within eight hours, the DER shall prepare and
maintain a record stating the reasons for not administering the test.
Even when a reasonable suspicion alcohol test is not administered under this
section, if a trained City official or supervisor has reasonable suspicion that a
covered employee is under the influence of or impaired by alcohol, the covered
employee may not report for or perform safety-sensitive functions until either:
a. An alcohol test is administered and the covered employee's alcohol
concentration measures less than 0.02; or
b. Twenty-four hours have elapsed following the reasonable suspicion
determination.
The trained City official or supervisor who made the observations leading to a
reasonable suspicion alcohol or drug test must make and sign a written record
of those observations within 24 hours of the observations or before the results
of the test are released, whichever is earlier.
To ensure that supervisors are trained to make reasonable suspicion
determinations, those vested with such authority will attend at least one hour
of training on drug use and at least one hour of training on alcohol misuse.
The training will cover the physical, behavioral, speech and performance
indicators of probable alcohol misuse and use of drugs.
13 March 27, 2018 Item #2 Page 98 of 236
5. Return-to-duty/Follow-up
Any covered employee who has violated the provisions of this policy, and who
the City continues to employ, must submit to a return-to-duty alcohol or drug
test before they can return to their safety-sensitive position. The alcohol test
must indicate an alcohol concentration of less than 0.02 and the drug test
must have a verified negative result.
In addition, if a covered employee tests positive on an alcohol or drug test
administered under this policy and the City decides to continue to employ this
individual, the covered employee will be evaluated by a Substance Abuse
Professional (SAP) to determine what assistance the covered employee needs in
resolving problems associated with alcohol misuse or drug use. If the SAP
determines that the covered employee requires such assistance, the covered
employee will be subject to unannounced follow-up alcohol or drug tests
following the employee's return to duty. The number and frequency of the
follow-up tests shall be determined by the SAP, but will consist of at least six
unannounced follow-up tests in the first 12 months following the covered
employee's return to duty and the testing period may continue up to a period
of 60 months.
Follow-up alcohol testing will be conducted just prior to or while the covered
employee is performing safety-sensitive functions, or just after the covered
employee has stopped performing such functions.
K. PRESCRIPTION DRUG USE
Prescription drugs shall not be possessed or used by a covered employee other than
the covered employee for whom the drug is prescribed by a licensed medical
practitioner. A prescription drug shall be used only in the manner, combination, and
quantity prescribed. A covered employee must advise his or her supervisor of the use
or influence of any prescription drug prior to beginning work, when taking the
medication or drug could interfere with the safe and effective performance of duties,
or the operation of a City vehicle, such that the covered employee poses a direct
threat to the health and safety of himself /herself or others.
A covered employee's failure to provide this notice in a timely manner can result in
discipline, up to and including termination of employment. In the event there is a
question regarding a covered employee's ability to safety and effectively perform
assigned duties while using such medications or drugs, clearance from a qualified
physician may be required.
L. CONSEQUENCES OF POSITIVE TEST RESULTS
If results of a post-accident, random, or reasonable suspicion alcohol or drug test are
positive, or if a covered employee has refused a test (including adulterating or
substituting a urine sample), the City will take the following actions:
1. Immediately remove any covered employee who has engaged in prohibited
drug or alcohol use from his or her safety sensitive functions.
14 March 27, 2018 Item #2 Page 99 of 236
2. A covered employee whose alcohol test indicates an alcohol concentration level
of greater than 0.02, but less than .04, will be removed from his or her safety
sensitive duties and other assigned duties for at least 24 hours, and will be
subject to disciplinary action, up to and including termination. The covered
employee will be retested before returning to safety sensitive duties.
3. If a covered employee tests positive for drugs, or if the alcohol concentration
level is 0.04 or greater, the covered employee will be removed from his or her
safety-sensitive position until an evaluation has been completed by a
Substance Abuse Professional (SAP) 1 and any recommended treatment is
concluded as determined by the SAP. A satisfactory return-to-duty test must
be achieved before the covered employee can return to safety sensitive duties.
4. A positive alcohol or drug test will be the basis for disciplinary action, up to
and including termination.
5. A violation of this policy also constitutes a violation of the City's general Drug
and Alcohol policy, and disciplinary action will be implemented, up to and
including termination. Discipline may be imposed regardless of whether or
not a covered employee is convicted of any crime related to any violation of this
policy.
6. A covered employee's violation of the City's Drug and Alcohol policy that may
constitute criminal conduct or violation of the DOT regulations may be
reported to the appropriate law enforcement agencies or subject the covered
employee to civil penalties.
M. SUBSTANCE ABUSE PROFESSIONAL
The City will provide only an assessment by a Substance Abuse Professional. If
employment is continued, the City has no obligation to provide or pay for further
treatment or rehabilitation, as this is the responsibility of the covered employee.
However, some financial assistance may be available under the City's health
insurance plan.
N. COVERED EMPLOYEE ASSISTANCE PROGRAM
The City has retained the services of an Employee Assistance Program (EAP).
Covered employees with drug or alcohol problems are encouraged to consult with the
EAP and obtain services in accordance with regular City procedures.
0. RECORD KEEPING
Records shall be maintained on test results, prevention programs, policies, training,
drug use and alcohol misuse, refusals to submit to testing, covered employee
evaluations, and the annual summary of the City's testing program. The retention
period for the records is as follows:
1 A Substance Abuse Professional is a licensed physician, psychologist, social worker, or addiction counselor
15 March 27, 2018 Item #2 Page 100 of 236
1. Five-Year Retention Period
This pertains to the results of alcohol tests of 0.02 or higher, verified positive
drug tests, documentation of any covered employee who has refused to submit
to a required drug or alcohol test, calibration documents, covered employee
assessments and referrals by the Substance Abuse Professionals, documents
related to the administration of the testing program, and each calendar year
summary.
2. Two-Year Retention Period
This pertains to records documenting the collection process for the drug and
alcohol tests, and training of supervisors.
3. One-Year Retention Period
This pertains to any alcohol test results that are less than 0.02 and the
documentation of any negative or canceled drug test.
Indefinite Retention Period
This pertains to records of the education and training of breath alcohol technicians,
screening test technicians, supervisors, and covered employees. These records shall
be maintained by the City (or, where appropriate, the City's testing agent) during the
period the individual who is the subject of the records performs the functions which
require the training and for two years after the individual ceases to perform those
functions.
Confidentiality of Records
Laboratory reports or test results shall not appear in a covered employee's general
personnel folder, except when a covered employee is disciplined because of the
results of those tests. All test results and report information will be contained in a
separate confidential medical file that will be kept under the control of the DER. Test
results may be disclosed to City management on a need-to-know basis and to the
tested covered employee, or to the designated representative of the tested covered
employee upon written request from the covered employee.
All records will be kept strictly confidential; however, the regulations require that
they be made available for inspection at the City within two business days following a
request by an authorized person as listed below.
P. ACCESS TO RECORDS
The following agencies shall have access to all testing records without the verbal or
written consent of covered employees:
1. the City of Carlsbad decision-makers in proceedings initiated either by the City
or the covered employee as a result of testing;
2. the Department of Transportation or any state or local official with regulatory
authority over the City or any of its covered employees; or
3. the National Transportation Safety Board when conducting an investigation of
an accident where drug and/ or alcohol testing was performed.
4. All who are listed in FMCSR's (382.405)
16 March 27, 2018 Item #2 Page 101 of 236
Q. TRAINING
The City will provide information concerning the City's procedures regarding drug
use and alcohol misuse to supervisors and covered employees. City training shall
include one (1) hour of training for covered employees and two (2) hours of training
for supervisors on the topics required by the Department of Transportation.
R. NOTICE TO COVERED EMPLOYEES
Covered employees will receive a copy of this policy prior to its effective date.
Covered employees who are hired after the effective date shall be given a copy at the
time they begin employment with the City.
S. COMPLIANCE WITH FEDERAL LAW
At all times, the City will comply with the current applicable federal law concerning
drug and alcohol testing. Issues or inconsistencies that are not addressed in this
policy will be determined by referring to the law and official regulations outlining
policies and procedures, etc. relative to the law. Due to the complexities involving
the law and this type of policy, not all of the particulars may necessarily be covered
in this policy. The City reserves the right to make changes to this policy that are
mandated by law at any time.
17 March 27, 2018 Item #2 Page 102 of 236
APPENDIX A
LIST OF COVERED CLASSIFICATIONS
The following job classifications require or utilize a commercial driver's license, and are therefore subject to the provisions
of this policy:
PARKS AND RECREATION
Bus Driver, part-time (if employee possesses a commercial driver's license)
Tree Trimmer I & II
Tree Trimmer Leadworker
Park Maintenance Worker II (if employee possesses a commercial driver's license)
Park Maintenance Worker III (if employee possesses a commercial driver's license)
Parks/Trees Supervisor (if employee possesses a commercial driver's license)
PUBLIC WORKS
Equipment Service Worker (if employee possesses a commercial driver's license)
Equipment Technician I (if employee possesses a commercial driver's license)
Equipment Technician II
Lead Equipment Technician
Public Works Supervisor (if employee possesses a commercial driver's license)
Maintenance Worker (if employee possesses a commercial driver's license)
Street Maintenance Worker II
Street Maintenance Worker III
Senior Storm Drain Maintenance Worker
Sanitation Systems Operator I
Sanitation Systems Operator II & III
Utility Worker I
Utility Worker II
Utility Worker III
Utilities Supervisor (if employee possesses a commercial driver's license)
Wastewater Utility Worker I
Wastewater Utility Worker II
Wastewater Utility Worker III
Revised 3/27/2018
18 March 27, 2018 Item #2 Page 103 of 236
Appendix B
DEFINITIONS
1. "Accident" -an incident involving a commercial motor vehicle in which there is a fatality, or a citation was issued
and either an injury is treated away from the scene, or a vehicle is required to be towed from the scene.
2. "Actual knowledge" means actual knowledge by an employer that a covered employee has used alcohol or
controlled substances based on the employer's direct observation of the covered employee, information provided by
the covered employee's previous employer(s), a traffic citation for driving a CMV while under the influence of
alcohol or controlled substances or a covered employee's admission of alcohol or controlled substance use, except
as provided in Sec. 3 82.121. Direct observation as used in this definition means observation of alcohol or controlled
substances use and does not include observation of covered employee behavior or physical characteristics sufficient
to warrant reasonable suspicion testing under Sec. 382.307.
3. "Adulterated Specimen" -A specimen that contains a substance that is not expected to be present in human urine,
or contains a substance expected to be present but is at a concentration so high that it is not consistent with human
urine.
4. "Alcohol" -means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols
including methyl or isopropyl alcohol. References to use or possession of any beverage, mixture or preparation
containing ethyl alcohol (including any medication containing alcohol).
5. "Alcohol Test" -A test conducted by a Breath Alcohol Technician, or any other person approved by the DOT
rules, using an Evidential Breath Testing Device to measure the amount of alcohol concentration in a volume of
breath, or any other test used to detect the presence of alcohol that is approved by the Federal Highway
Administration (FHW A).
6. "Alcohol Use" the consumption of any beverage, mixture, or preparation, including any medication containing
alcohol.
7. "ASD" -Alcohol Screening Device (a non-evidential tester).
8. "Breath Alcohol Technician (BAT)" -means an individual trained to proficiency and certified in the use of an
evidential breath testing device.
9. "Cancelled Test" -means a test has been declared invalid by a Medical Review Officer (MRO) for drug testing or
for alcohol under 40.273 (1-3) of 49 CFR.
10. "COL" means a Commercial Driver's License.
11. "CFR" -Code of Federal Regulation.
12. "Chain of Custody" -the procedures used to document the handling of the urine specimen from the time the
covered employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the
Federal Drug Testing Custody and Control Form (CCF). The CCF also ensures the integrity of each urine specimen
by tracking its handling and storage from the point of specimen collection to its final disposition.
13. "Collection Site" - a place where individuals present themselves for the purpose of providing breath or body fluid
to be analyzed for specific controlled substances. The site possesses all necessary personnel, materials, equipment,
facilities and supervision to provide for the collection, security, temporary storage, and transportation or shipment
of the specimens to a laboratory.
14. "Commercial Motor Vehicle" - a motor vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle:
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a) Has a gross combination weight of26,001 or more pounds inclusive of a towed unit with a gross
vehicle weight rating of more than 10,000 pounds; or
b) Has a gross vehicle weight rating of26,001 or more pounds; or
c) Is designed to transport 16 or more passengers, including the driver; or
d) Is of any size and is used in the transportation of hazardous materials requiring placards.
15. "Confirmation Test" -for alcohol testing, a confirmation test means a second test following a screening test with a
result of0.02 or greater, that provides a quantitative data of alcohol concentration. Confirmation of the screening
test must be by an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety
Administration's (NHTSA) Conforming Products List (CPL), and must be capable of printing out each test result
and air blank, and must sequentially number each test. For controlled substances testing, a confmnation test means
a second analytical procedure to identify the presence of specific drug metabolite which is independent of the screen
test and which uses a different technique and chemical principle from that of the screen in order to ensure reliability
and accuracy. Gas Chromatography/Mass Spectrometry (GCMS) is the authorized confmnation method for
cocaine, marijuana, opiates, amphetamines, and phencyclidine.
16. "Controlled Substances/Drugs" for purposes of these procedures, controlled substances or drugs are cocaine,
marijuana, opiates, amphetamines, phencyclidine and any other substance determined by the U.S. Department of
Transportation to be a controlled substance.
17. "Controlled substance (or Drug) Test" -a method for determining the presence of controlled substances in a
urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR
40.
18. "CPL" -Conforming Products List.
19. "DER" -Designated Employer Representative
20. "DHHS" -means the United States Department of Health & Human Services.
21. "DOT" -means the United States Department of Transportation.
22. "Drug & Alcohol Policy" -policy set up by the City of Carlsbad to provide the necessary elements to promote a
drug free working enviromnent. Hereinafter referred to as Policy.
23. "EAP" means an Employee Assistance Program provided by the City of Carlsbad to assist its covered employees
in dealing with drug or alcohol dependency or other personal problems.
24. "Employee" -means any person employed by the City of Carlsbad.
25. "Employer" -means a person or entity employing one or more employees (including an individual who is self-
employed) that is subject to DOT agency regulations requiring compliance with this part. Employer also means the
entity responsible for overall implementation of DOT drug and alcohol program requirements, including individuals
employed by the entity who take personnel actions resulting from violations of this part and any applicable DOT
agency regulations. Service agents are not employers.
26. "Evidential Breath Testing Device (EBT)" -a device approved by the NHTSA and placed on NHTSA's
Conforming Products List and is used for the evidential testing of breath.
27. "FHW A" -Federal Highway Administration.
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29. "FTA" -Federal Transportation Administration
30. "MIS" -Management Information Systems.
31. "Medical Review Officer (MRO)" -a licensed physician (medical doctor or doctor of osteopathy) responsible for
receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders
and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together
with his or her medical history and any other relevant biomedical information.
32. "NHTSA" -National Highway Traffic Safety Administration.
33. "NIST" -National Institute of Standard and Technology.
34. "Non-negative Test Result (alcohol breath test result)" -an alcohol breath test result between .02 and .039.
35. "NPRM" -Notice of Proposed Rule Making.
36. "On Duty Time" -all time from the time a covered employee begins to work or is required to be available. "On
Duty Time" shall include:
a) All time at a Carrier or shipper plant, terminal, facility, or other property, or on any public property,
waiting to be dispatched, unless the covered employee has been relieved from duty by employer,
b) All time spent inspecting, servicing, or conditioning any commercial motor vehicle or any equipment
at anytime,
c) All driving time,
d) All time spent, other than driving time, in or upon any commercial motor vehicle except time spent
resting in a sleeper berth,
e) All time spent loading or unloading a vehicle, supervising, or assisting in the loading or unloading,
attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in
giving or receiving receipts for shipments loaded or unloaded,
f) All time spent performing the covered employee requirements relating to accidents,
g) All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
37. "Performing a Safety-Sensitive Function" -a covered employee is considered to be performing a safety-sensitive
function during any period in which he or she is actually performing, ready to perform, or immediately available to
perform any safety-sensitive function.
38. "QAP"-Quality Assurance Program.
39. "Refusal to Submit (to an alcohol or controlled substances test) means that a covered employee:"
1) fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the
employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer.
2) fails to remain at the testing site before the testing process is complete, provided that the covered employee
leaves the testing site before the testing process commences.
3) fails to provide a urine specimen for any drug test required by any DOT agency regulations;
4) in the case of a directly observed or monitored collection in a drug test, fails to permit the observation or
monitoring of the covered employee's provision ofa specimen;
5) fails to provide a sufficient amount of urine when directed, and it has been determined, through a required
medical evaluation, that there was no adequate medical explanation for the failure
6) fails or declines to take a second test the employer or collector has directed the covered employee to take;
7) fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification
process, or as directed by the DER under this policy. In the case of a pre-employment drug test, the covered
employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following
a contingent offer of employment;
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8) fails to cooperate (refuses to empty pockets when so directed by the collector or behaves in a confrontational
way that disrupts the collection process);
9) is reported by the MRO as having a verified adulterated or substituted test result. Any covered employee who
has been determined to have "refused to test" will face the same consequences as testing positive and will be
immediately removed from performing safety-sensitive functions until all return-to-duty requirements are met.
40. "Safety-Sensitive Function" -any of the following duties:
• Operating a revenue service vehicle, including when not in revenue service ( covered employees and others
required to operate revenue vehicles as part of their job duties):
• Operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial
Driver's License;
• Controlling dispatch or movement of a revenue service vehicle ( dispatchers or those who as part of their
job duties fill in for a dispatcher or cross-train):
• Maintaining a revenue service vehicle or equipment used in revenue service (mechanics, service
mechanics, service helpers, and vehicle washers);
• Any other employee required to hold a CDL as part of their job requirements (site Supervisors, Operations
Supervisors, Site Office Personnel, etc.)
41. "Substance Abuse Professional (SAP)" -a licensed physician (medical doctor or doctor of osteopathy), or a
licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor ( certified
by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge
of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
42. "Screening Test (also known as an initial test)" -
• In alcohol testing, a screening test means an analytical procedure to determine whether a covered employee
may have prohibited concentration of alcohol in his or her system.
• In controlled substances testing, a screening test means an immunoassay screen ( or other DHHS-approved
test) to eliminate "negative" urine specimens from further consideration.
43. "Service Agent" -any person or entity, other than an employee of the employer, who provides services specified
under this part to employers and/or covered employees in connection with DOT drug and alcohol testing
requirements. This includes, but is not limited to, collectors, BATs, laboratories, MROs, substance abuse
professionals, and TP As. To act as service agents, persons and organizations must meet the qualifications set forth
in applicable sections of this part. Service agents are not employers for purposes of this part.
44. "Split Sample" -an additional sample collected with the original specimen, to be tested in the event the original
specimen tests positive.
45. "STT" Screening Test Technician.
46. "Substituted Specimen" -a specimen with creatinine and specific gravity values that are so diminished that they
are not consistent with human urine.
47. Third Party Administrator (TPA)" -a service agent that provides or coordinates the provision of a variety of
drug and alcohol testing services to employers. TPA's typically perform administrative tasks concerning the
operation of the employers' drug and alcohol testing programs. This term includes, but is not limited to, groups of
employers who join to administer, as a single entity, the DOT drug and alcohol testing programs of its members.
TPA's are not "employers" for purposes of this part.
48. "Verified Negative Drug Test Results" -a drug test result reviewed by a Medical Review Officer and determined
to have no evidence of prohibited drug use.
49. "Verified Positive Drug Test Results" -a drug test result reviewed by a Medical Review Officer and determined
to have evidence of prohibited drug use.
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Appendix C
TESTING PROCEDURES
A. GENERAL URINE SPECIMEN COLLECTION PROCEDURES
A collector is a trained person who instructs and assists covered employees at a collection site, who receives and makes an
initial inspection of the urine specimen provided by those covered employees, and who initiates and completes the Federal
Drug Testing Custody and Control Form (CCF). The collector assures the integrity of the specimen and collection process,
and has to be sensitive to the covered employee's privacy. The following are the basic steps and guidelines used in a DOT
urine drug screen collection:
1. A restroom or stall with a toilet is provided for the covered employee to have privacy while providing the urine
specimen. A source of water for washing hands, or moist towelettes must be provided.
2. Unauthorized persons are not allowed at the testing site during the collection.
3. The collector will prepare the site, taping off water supplies, removing soap and cleaning agents, and will blue the
toilet water.
4. The covered employee must provide appropriate identification (photo ID, or ID by a company representative) to the
collector. The covered employee can request the full name and employer of the collector. The collector fills in the
Custody and Control Form.
5. The covered employee must remove any outer garments and leave handbags, etc. with the collector. The covered
employee may keep his/her wallet and may request a receipt for the belongings left with the collector. The covered
employee must also empty his/her pockets and display the items in them. If none of the items can be used to
adulterate a specimen, the covered employee may place the items back into his/her pockets. If any of the items
could be used to adulterate a specimen and appear to have been brought to the collection site for that purpose, a
directly observed collection will be taken. Failure to comply with this requirement constitutes a refusal to test. The
covered employee is to wash hands prior to urination.
6. The collector allows the covered employee to select the collection kit, and unwraps or breaks the seal on the
container in the presence of the covered employee.
7. The collector instructs the covered employee to provide a specimen of at least 45 ml, not to flush the toilet, and to
bring the specimen out to the collector.
8. The collector is to pay close attention to the covered employee during the entire process to note any conduct that
clearly indicates an attempt to substitute or adulterate a specimen. The collector ensures the temperature of the
specimen falls within the prescribed range, checks the volume, and inspects the specimen for any unusual objects,
color or smell.
9. After the covered employee hands the collection container to the collector, the collector unwraps or opens the
specimen bottles. The collector pours at least 30 ml of urine from the collection container into one specimen bottle
(A), and 15 ml into the other specimen bottle (B). The bottles are closed and the correct seals are placed over each
cover. The collector writes the date on each seal and the covered employee initials under each date.
10. With the bottles now sealed with tamper-evident tape, the specimen does not have to be under the covered
employee's direct observation and the covered employee is allowed to wash their hands if they desire.
11. The collector completes the collector's portion of the Custody and Control Form, and has the covered employee
complete the certification statement in step 5 of copy 2 of the CCF.
12. The collector places the specimen bottles and copy 1 of the CCF inside the plastic pouch and seals both pouches.
The covered employee is given copy 5.
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13. The excess urine is discarded and the specimen pouch is put in a shipping container. The covered employee is now
allowed to leave the collection site.
14. The collector is responsible for ensuring the security and the integrity of the specimen until the courier picks up the
specimen for transport to the laboratory.
B. PROCEDURES WHEN COVERED EMPLOYEE CANNOT PRODUCE THE REQUIRED AMOUNT OF
URINE (SHY BLADDER)
The term "shy bladder" refers to a situation when the covered employee does not provide a sufficient amount of urine ( 45
ml) for a DOT required drug test. If a covered employee tells the collector, upon arrival at the collection site, that he or she
cannot provide a specimen, the collector must still begin the collection procedure regardless of the reason given. The
collector should tell the covered employee that most individuals can provide 45 ml of urine, even when they think they
cannot urinate, and direct the covered employee to make the attempt to provide the specimen.
If the covered employee provided an initial insufficient specimen, the collector discards the insufficient specimen, and makes
a note on the CCF starting the time-line of the "shy bladder" procedure. The collector explains to the covered employee the
process for a shy bladder collection and urges the covered employee to drink up to 40 ounces of fluids, distributed
reasonably through a period ofup to three hours, or until the individual has provided a sufficient urine specimen, whichever
occurs first. The covered employee must be monitored during this time, and the collector must specifically tell the covered
employee that they are not to leave the collection site. If the covered employee leaves the collection site or refuses to make
the attempt to provide a sufficient urine specimen, this is considered a refusal to submit to a test. A refusal to test will carry
the same consequences as a positive test result.
If the covered employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide
a specimen, the collector must discontinue the collection, note the fact on the CCF, and immediately notify the DER that the
covered employee's inability to provide a specimen will require a medical evaluation.
Failure to produce a sample of urine will result in an immediate referral for an evaluation from a licensed physician who can
determine in his or her reasonable judgment the safety-sensitive covered employee's inability to provide an adequate amount
of urine. Ifno medical reason is found substantiating an inadequate sample, the incident will be treated as a "refusal to test"
and will carry the same consequences as a positive test result.
Whenever there is reason to believe that a particular individual has altered or substituted the urine specimen, a second
specimen shall be obtained as soon as possible under direct observation of a same gender collection site person. Reasons for
observed testing include temperature of the specimen out of normal range, discoloration or unusual odor of the sample or
suspicious behavior.
C. GENERAL BREATH ALCOHOL TESTING PROCEDURES
A breath alcohol technician (BAT) is a person who has completed all necessary training and is qualified to perform a DOT
breath alcohol test. The BAT will instruct and assist the covered employee in providing a breath alcohol sample, and will
complete the Federal DOT Breath Alcohol Testing Form (ATF). The BAT assures the integrity of the test and testing
process and has to be sensitive to the covered employee's privacy. The following are the basic steps and guidelines used in a
DOT breath alcohol test:
1. The collection site must afford visual and aural privacy to the covered employee, sufficient to prevent unauthorized
persons from seeing or hearing test results.
2. The covered employee must provide appropriate identification (photo ID, or ID by a company representative) to the
BAT. The covered employee can request the full name and employer of the BAT. The BAT explains the testing
process and completes step 1 of the ATF.
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3. The BAT then directs the covered employee to complete step 2 of the ATF and sign the certification. If the covered
employee refuses to sign this certification, the BAT will note this on the ATF, and immediately notify the DER.
This is a refusal to submit to testing.
4. The BAT will prepare the evidentiary breath-testing device (EBT), conduct an air blank test and obtain a new test
number. The covered employee is to see the blank test is 0.0 and to confirm the test number for his/her test.
5. The BAT will select and open a sealed mouthpiece and insert it into the EBT. The covered employee is now
instructed to blow forcefully into the mouthpiece until a sufficient amount of breath has been obtained. (If after two
attempts an insufficient amount of breath is provided, the test is cancelled, the result noted on the A TF, and the
DER notified. This is a refusal to submit).
6. The BAT will show the covered employee the test result and complete step 3 of the ATF. The printed result will be
initialed by the covered employee and affixed to the ATF with tamper evident tape. The result will also be entered
into the logbook.
7. If the test result is less than .02 the test is complete. The covered employee is given copy 2 of the ATF and is
allowed to leave the test site.
8. If the initial screening test is greater than .02 breath alcohol content, the covered employee must submit to a
confirmation test.
9. The covered employee must be observed for 15 minutes at which time they are not allowed to eat, drink, or put any
substance in their mouth and to the best extent possible, not belch. This waiting period is required to prevent any
accumulation of mouth alcohol leading to an artificially high reading.
10. After 15 minutes but before 30 minutes the covered employee will submit to a confirmation test conducted the same
as the screening test.
11. Confirmation test results shall be deemed to be the final result upon which any action under operating
administration rules shall be based.
D. PRE-EMPLOYMENT TESTING PROCEDURES
The FTA regulations require that all applicants for employment in safety-sensitive positions or individuals being transferred
to safety-sensitive positions from non-safety-sensitive positions must be given pre-employment drug tests.
1. Applicants may not be hired or assigned to a safety-sensitive function unless they pass a drug test.
2. Applicants will be informed in writing of the testing requirements prior to conducting the test.
3. All drug test results must be reviewed by the Medical review Officer (MRO).
4. Applicants that initially test positive are notified of the results by the MRO and are given an opportunity to discuss
the results.
E. REASONABLE SUSPICION TESTING PROCEDURES
The FTA regulations also require a safety-sensitive covered employee to submit to a test when the employer has a reasonable
suspicion that the safety-sensitive covered employee has used a prohibited drug or has misused alcohol as defined in the
regulations and company policy. The request to undergo a reasonable suspicion test must be based on specific,
contemporaneous, articulable observations concerning appearance, behavior, speech, or body odor of the safety-sensitive
covered employee.
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3. The safety-sensitive covered employee will be taken to the collection site and tested as soon as practicable
following the accident. The breath alcohol test should be perfonned within two hours of the accident. If the breath
alcohol test is not perfonned within two hours, the supervisor shall prepare and maintain on file a record stating the
reasons why the test was not administered. If the breath alcohol test still cannot be administered within eight hours
following the accident, the supervisor shall cease all attempts and update the records accordingly. The safety-
sensitive covered employee should remain readily available for breath alcohol testing for up to eight hours
following an accident and for drug testing up to 32 hours after the accident, including notifying his/her location, or
he/she may be deemed to have refused to submit to testing. The City of Carlsbad will document all accidents of
covered employees and their decision whether to test under FMCSA's rule or The City of Carlsbad's authority.
4. If the safety-sensitive covered employee is injured and needs medical treatment, provisions will be made to perform
an alcohol test within eight hours and a drug test within 32 hours of the accident.
5. The safety-sensitive covered employee is prohibited from using alcohol for eight hours, prior to testing.
6. Pending the results of a drug test, the safety-sensitive covered employee will be returned to his/her safety-sensitive
position if medically cleared to be returned to work, on a case-by-case basis. In the interest of safety, the
supervisor, or designee, may transfer a safety-sensitive covered employee to a non-safety-sensitive status pending
the results of the test.
7. If the safety-sensitive covered employee is tested for alcohol, and the test is positive (.04 or greater), the safety-
sensitive covered employee will be removed from duty and referred to the SAP. If the test is .02 -.039, the safety-
sensitive covered employee will be removed from duty for at least 24 hours.
8. If the safety-sensitive covered employee refuses to be tested or if the test is confirmed positive, the safety-sensitive
covered employee is removed from duty and referred to the SAP.
9. Safety-sensitive covered employees who test positive for drugs or alcohol will be subject to disciplinary action up to
and including termination.
G. RANDOM TESTING PROCEDURES
The FTA regulations require random testing for prohibited drugs and alcohol misuse for all safety sensitive covered
employees. Random testing identifies covered employees who are using drugs or misusing alcohol but are able to use the
predictability of other testing methods to escape detection. More importantly, it is widely believed that random testing
serves as a strong deterrent against covered employees beginning or continuing prohibited drug use and misuse of alcohol
while on the job.
1. Random drug and alcohol testing only applies to safety-sensitive covered employees. An identification number
(commonly your SS#) will be included in a selection pool.
2. Random drug and alcohol testing is accomplished by a scientifically valid, tamper-proof, computer-generated
selection process. The City of Carlsbad will randomly select individuals for testing through a random test selection
program without showing discrimination. The program uses a special algorithm, which helps to avoid potential
concerns a covered employee may have concerning selection for a random test. When selected by random, covered
employees/leased drivers will submit to testing innnediately at a pre-established place or "On Location" testing site.
A surplus will be randomized to allow for selected covered employees who are not available. "Not available" is
limited to covered employees who are not at work due to vacation, sick leave, disability, or scheduled time off.
This does not mean that the covered employee cannot be tested when they return to work.
3. At the time of random selection, a primary list containing the names of the covered employees selected for random
drug and/or breath alcohol test is transmitted confidentially to the DER from the Third Party Administrator. No
covered employee will be removed from the random pools following selection, and every covered employee will
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continue to be subject to selection throughout the year. Every covered employee in the random pool has an equal
chance of being selected every time.
4. Random testing will be conducted during all hours of operation, all shifts, and all days of the week including
weekends so long as The City of Carlsbad is in operation or a safety-sensitive covered employee is conducting
safety-sensitive functions. No shift is exempt from testing.
5. The total number of alcohol tests completed annually must equal at a minimum of 10% of the average number of
eligible safety-sensitive covered employees in the random pool. The total number of drug tests completed each
year must equal at a minimum of 50% of the average number of safety-sensitive covered employees.
6. Random drug testing may be conducted concurrently with random alcohol testing or at any time during a covered
employee's shift. Random alcohol testing will be conducted just before the covered employee is scheduled to
perform a safety-sensitive function, while the covered employee is performing safety-sensitive functions or just
after the covered employee performs a safety-sensitive function. The covered employee must proceed to the test
site immediately after being notified that he or she has been selected for testing.
7. A manager or supervisor will notify safety-sensitive covered employees of their random selection. If applicable, a
supervisor shall document a covered employee's random test notification. Once notified, the safety-sensitive
covered employee must submit to a drug and/or alcohol test. Failure to cooperate with the collection procedures, or
failure to submit to the test in any way constitutes a refusal to test, which results in the same consequences as a
positive test result.
8. If there is a confirmation breath alcohol test of between .02% and .039%, the safety-sensitive covered employee
will be relieved from duty immediately. The safety-sensitive covered employee will not be permitted to perform or
continue to perform safety-sensitive functions, until the start of the safety-sensitive covered employee's next
regularly scheduled duty period, but not less than 24 hours following administration of the test.
9. If there is a confirmed positive breath alcohol test (0.04% or above) and/or confirmed positive drug test, the
covered employee will be removed from safety-sensitive duty immediately. The safety-sensitive covered employee
cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation,
and passes a return-to-duty test.
10. Safety-sensitive covered employees who test positive for drugs or alcohol will be subject to disciplinary action up
to and including termination. If, for some reason a covered employee who has been selected for a random test, but
is not able to take the test in the allotted time frame, documentation will be made and forwarded to the Third Party
Administrator for proper documentation of why the test was not performed.
H. RETURN-TO-DUTY AND FOLLOW-UP TESTING PROCEDURES
Before any safety-sensitive covered employee can be allowed to return-to-duty to perform a safety-sensitive function
following a verified positive drug test, a positive breath alcohol test, a refusal to submit to a test, or engaging in conduct
prohibited by the regulations regarding alcohol misuse or controlled substance use, the safety-sensitive covered employee
must first be evaluated by a Substance Abuse Professional (SAP) and pass the return-to-duty test ordered by the SAP.
Return-to-duty Testing
1. If a safety-sensitive covered employee tests positive (.04 >) for alcohol or positive for prohibitive drugs, refuses
to test, or substitutes/adulterates his/her specimen, the SAP must evaluate the covered employee and prescribe a
rehabilitation program at which time the covered employee must complete and then be re-evaluated by the SAP
to determine whether the covered employee may be released to be considered for return to a safety-sensitive
position.
2. The SAP will schedule the safety-sensitive covered employee for a return-to-duty drug and/or breath alcohol
test. If the return-to-duty drug and/or alcohol test is positive, it counts as a second positive.
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3. If the return-to-duty drug test is positive, a split sample can be analyzed if requested by the safety-sensitive
covered employee. The result will be reviewed by the MRO. If it is verified positive, the safety-sensitive
covered employee will not be returned to duty and the test is considered a second positive.
4. Safety-sensitive covered employees who test positive for drugs or alcohol on a return-to-duty test will be
subject to disciplinary action up to and including tennination.
Follow-up Testing
1. Once a covered employee returns to a safety-sensitive position, the covered employee shall be subject to
unannounced follow-up testing for at least 1 year but no more than 60 months. The type, frequency and
duration of the follow-up testing will be recollllllended by the SAP; however, a minimum of six tests shall be
performed during the first 12 months after the safety-sensitive employee has been returned to duty. Follow-up
testing does not exclude a covered employee from the random testing program. This means that a safety-
sensitive covered employee is subject to random testing as well as follow-up testing and could occur at the same
time or the same day or thereafter.
2. Follow-up alcohol testing shall be performed either just before, during or just after the safety-sensitive covered
employee performs a safety-sensitive function.
3. If any follow-up drug and/or alcohol test is verified positive, the safety-sensitive covered employee will be
illllllediately removed from the safety-sensitive position. Disciplinary action will be imposed up to and
including termination.
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