HomeMy WebLinkAbout2020-05-19; City Council; Resolution 2020-087RESOLUTION NO. 2020-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING SIDE LETTER AGREEMENTS WITH THE CARLSBAD
POLICE MANAGEMENT ASSOCIATION, CARLSBAD POLICE OFFICERS'
ASSOCIATION, CARLSBAD CITY EMPLOYEES' ASSOCIATION, AND CARLSBAD
FIREFIGHTERS' ASSOCIATION, INC. AND AN AMENDMENT TO THE
MANAGEMENT COMPENSATION AND BENEFITS PLAN FOR COVID-19
EMERGENCY RESPONDER LEAVE BENEFITS
WHEREAS, the City of Carlsbad and the Carlsbad Police Management Association (CPMA), the
Carlsbad Police Officers' Association (CPOA), the Carlsbad City Employees' Association (CCEA), and the
Carlsbad Firefighters' Association, Inc. (CFA) have met and conferred in good faith pursuant to the
Meyers-Milias-Brown Act regarding benefits and other terms and conditions of employment; and
WHEREAS, said representatives have reached agreements for COVID-19 Emergency Responder
Leave benefits which they desire to submit to the City Council for consideration and approval; and
WHEREAS, the City Council of the City of Carlsbad, California has determined the need to accept
such agreements in the form of side letters agreements to the City's Memoranda of Understanding
with the CPMA, CPOA, CCEA, and CFA and amendments to the Management Compensation and
Benefits Plan; and
WHEREAS, there are sufficient funds for these amendments in the fiscal year 2019-20 Operating
Budget.
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 Side Letter Agreement Between the Carlsbad Police Management Association
and the City of Carlsbad Relating to COVID-19 Emergency Responder Leave
(Attachment A) is adopted by the City Council and the city manager is directed to
execute it.
3. That the Side Letter Agreement Between the Carlsbad Police Officers' Association and
the City of Carlsbad Relating to COVID-19 Emergency Responder Leave (Attachment B)
is adopted by the City Council and the city manager is directed to execute it.
May 19, 2020 Item #2 Page 4 of 37
4. That the Side Letter Agreement Between the Carlsbad City Employees' Association and
the City of Carlsbad Relating to COVID-19 Emergency Responder Leave (Attachment C)
is adopted by the City Council and the city manager is directed to execute it.
5. That the Side Letter Between the Carlsbad Firefighters' Association and the City of
Carlsbad Relating to COVID-19 Emergency Responder Leave (Attachment D) is adopted
by the City Council and the city manager is directed to execute it.
6. That the amended Management Compensation and Benefits Plan (Attachment E) is
adopted by the City Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on
the 19th day of May 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
(SEAL)
May 19, 2020 Item #2 Page 5 of 37
SIDE LETTER AGREEMENT
BETWEEN THE
THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
AND
THE CITY OF CARLSBAD
Attachment A
RELATING TO COVID-19 EMERGENCY RESPONDER LEA VE
The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad Police Management
Association (hereinafter referred to as the "CPMA") entered into a Memorandum of
Understanding ("MOU") with a term beginning on January 1, 2019 and terminating on
December 31, 2021. The city and CPMA are collectively referred to herein as the "Parties."
The Parties now enter.into this Side Letter of Agreement ("Agreement") as an amendment to
the MOU.
Background and Overview
This Agreement relates to modifications to the city's application of the Families First
Coronavirus Response Act-H.R. 6201 (FFCRA) benefits. Per the FFCRA, and under the city's
current utilization, Emergency Responders, including, but not limited to, firefighters, law
enforcement officers, emergency management personnel, 911 operators, public works
personnel, and persons with skills or training in operating specialized equipment or other skills
needed to provide aid in a declared emergency, are exempt from the FFCRA and are not eligible
for any included benefits, unless otherwise provided by the city. The city has designated CPMA
members as Emergency Responders for purposes of FFCRA benefits.
The benefits outlined below are designed to protect CPMA members while preserving
management's ability to ensure essential Emergency Responders, who are required to work in
emergency environments, are available to provide such services and at necessary staffing levels
during the COVID-19 pandemic recognized by the World Health Organization.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with
the Meyers-Milias-Brown Act ("MMBA") in response to the city's determination that these
benefits are not required by the FFCRA and are being provided at the sole discretion of the city.
Based on the above, the city has proposed and the CPMA has agreed to replace the current
application of Emergency Paid Sick Leave for Emergency Responders with the following:
1. This temporary Agreement goes into effect retroactively to April 1, 2020 and lasts
through December 31, 2020, or sooner upon notice from the city to CPMA that the city
has determined there is no longer a need for the additional leave based on the COVID-
19 pandemic status.
May 19, 2020 Item #2 Page 6 of 37 May 19, 2020 Item #2 Page 6 of 37
Attachment A
SIDE LETTER AGREEMENT
BETWEEN THE
THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
AND
THE CITY OF CARLSBAD
RELATING TO COVID-19 EMERGENCY RESPONDER LEA VE
2. The CPMA understands and agrees that CPMA members are exempt from receiving
FFCRA benefits as Emergency Responders and are not legally entitled to such benefits.
However, the city agrees to provide CPMA members with COVID-19 Emergency
Responder Leave under all conditions specified in this Agreement.
3. CPMA members may be eligible for COVID-19 Emergency Responder Leave to care
for an individual, within the meaning of 29 C.F.R. 826.20(a)(5), who is subject to a
federal, state, or local quar~tine or isolation order related to COVID-19 and/or has been
advised by a health care provider to self-quarantine.
4. CPMA members who are regularly scheduled on a 12-hour shift may be eligible for up
to 96 hours of COVID-19 Emergency Responder Leave. CPMA members on any other
schedule may be eligible for up to 80 hours of COVID-19 Emergency Responder Leave.
5. CPMA members taking COVID-19 Emergency Responder Leave for the qualifying
reasons listed above shall be paid at two-thirds of their regular rate of pay. CPMA
members 11?-B.Y apply their other accrued leave balances to supplement any reduced
wages during the COVID-19 Emergency Responder Leave.
6. Due to the operational needs of the Department, the city reserves the right to exclude ·
any individual CPMA member from the COVID-19 Emergency Responder Leave
benefits. ·
7. In order to take leave under COVID-19 Emergency Responder Leave, eligible CPMA
members will be required to complete and submit an appropriate leave request in
increments equal to their normally scheduled shift length up to the maximum number
of hours outlined in this Agreement.
8. The city reserves the right to request certification or other supporting documentation
from CPMA members taking COVID-19 Emergency Responder Leave. CPMA
members understand and agree to provide such documentation promptly upon request,
and further understand that failure to do so may result in a delay or denial of taking
leave.
9. CPMA members are required to obtain management approval prior to taking COVID-
19 Emergency Responder Leave in any increment.
10. CPMA members understand that COVID-19 Emergency Responder Leave has no cash
value and cannot be cashed out.
11. Any CPMA member who is subject to quarantine based on a specific federal, state, or
local or health care provider order directed to them, or isolation based on an order
directed to them from a health care provider due to symptoms of or diagnosis with
COVID-19 from a documented work-related exposure, shall be placed on paid
administrative leave during the leave status.
May 19, 2020 Item #2 Page 7 of 37 May 19, 2020 Item #2 Page 7 of 37
SIDE LETTER AGREEMENT
BETWEEN THE
Attachment A
THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
AND
THE CITY OF CARLSBAD
RELATING TO COVID-19 EMERGENCY RESPONDER LEA VE
12. CPMA members understand that all leave granted per this Agreement expfres on
. December 31, 2020 and cannot be canied over into the following calendar year.
13. Nothing in this Agreement is intended to waive the management 1ights oflhe city or to
require negotiations over ~atters not otherwise requir~d to be negotiated under
applicable law.
This Agreement supersedes any previous city related documents distributed in relation to
FFCRA leave benefits. ···
Except as provided here, all wages, hours, and other terms and conditions of employment
presently in the city's _MOU with the CPMA remain in full force and effect.
CITY OF CARLSBAD:
Date: s/~2.c'l...@
Date: 5/5 J J.;-0
May 19, 2020
/'.--.. -·-~~--:.:--
~-//~ ~~---.c;,~ K";UVI
. C ~AD POLICE MANAGEMENT ASSOCIATION
)
Item #2 Page 8 of 37 May 19, 2020 Item #2 Page 8 of 37
SIDE LETTER AGREEMENT
BETWEEN THE
THE CARLSBAD POLICE OFFICERS' ASSOCIATION
AND
THE CITY OF CARLSBAD
Attachment B
RELATING TO COVID-19 EMERGENCY RESPONDER LEAVE
The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad Police Officers'
Association (hereinafter referred to as the "CPOA") entered into a Memorandum of
Understanding ("MOU") with a term beginning on January 1, 2019 and terminating on
December 31, 2021. The city and CPOA are collectively referred to herein as the "Parties."
The Parties now enter into this Side Letter of Agreement ("Agreement") as an amendment to
the MOU.
Background and Overview
This Agreement relates to modifications to the city's application of the Families First
Coronavirus Response Act -H.R. 6201 (FFCRA) benefits. Per the FFCRA, and under the
city's current utilization, Emergency Responders, including, but not limited to, firefighters, law
enforcement officers, emergency management personnel, 911 operators, public works
personnel, and persons with skills or training in operating specialized equipment or other skills
needed to provide aid in a declared emergency, are exempt from the FFCRA and are not eligible
for all included benefits, unless otherwise provided by the city. The city has designated CPOA
members as Emergency Responders for purposes of FFCRA benefits.
The benefits outlined below are designed to protect CPOA members while preserving
management's ability to ensure essential Emergency Responders, who are required to work in
emergency environments, are available to provide such services and at necessary staffing levels
during the COVID-19 pandemic recognized by the World Health Organization.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with
the Meyers-Milias-Brown Act ("MMBA") in response to the city's determination that these
benefits are not required by the FFCRA and are being provided at the sole discretion of the city.
Based on the above, the city has proposed and the CPOA has agreed to replace the current
application of Emergency Paid Sick Leave for Emergency Responders with the following:
1. This temporary Agreement goes into effect retroactively to April 1, 2020 and lasts·
through December 31, 2020, or sooner upon notice from the city to CPOA that the city
has determined there is no longer a need for the additional leave based on the COVID-:
19 pandemic status.
2. The CPOA understands and agrees that CPOA members are exempt from receiving
FFCRA benefits as Emergency Responders and are not legally entitled to such benefits.
However, the city agrees to provide CPOA members with COVID-19 Emergency
Responder Leave under all conditions specified in this Agreement.
May 19, 2020 Item #2 Page 9 of 37 May 19, 2020 Item #2 Page 9 of 37
Attachment B
3. CPOA members may be eligible for COVID-19 Emergency Responder Leave to care
for an individual, within the meaning of 29 C.F.R. 826.20(a)(S), who is subject to a
federal, state, or local quarantine or isolation order related to COVID-19 and/or has been
advised by a health care provider to self-quarantine.
4. CPOA members who are regularly scheduled on a 12-hour shift may be eligible for up
to 96 hours ofCOVID-19 Emergency Responder Leave. CPOA members on any other
schedule may be eligible for up to 80 hours of COVID-19 Emergency Responder Leave.
5. CPOA members taking COVID-19 Emergency Responder Leave for the qualifying
reasons listed above shall be paid at two-thirds of their regular rate of pay. CPOA
members may apply their other accrued leave balances to supplement any reduced
wages during the CO VID-19 Emergency Responder Leave.
6. Due to the operational needs of the Department, the city reserves the right to exclude
any individual CPOA member from the COVID-19 Emergency Responder Leave
benefits.
7. In order to take leave under COVID-19 Emergency Responder Leave, eligible CPOA
members will be required to complete and submit an appropriate leave request in
increments equal to their normally scheduled shift length up to the maximum number
of hours outlined in this Agreement.
8. The city reserves the right to request certification or other supporting documentation
from CPOA members taking COVID-19 Emergency Responder Leave. CPOA
members understand and agree to provide such documentation promptly upon request,
and further understand that failure to do so may result in a delay or denial of taking
leave.
9. CPOA members are required to obtain management approval prior to taking COVID-
19 Emergency Responder Leave in any increment.
10. CPOA members understand that COVID-19 Emergency Responder Leave has no cash
value and cannot be cashed out.
11. Any CPOA member who is subject to quarantine based on a specific federal, state, or
local or health care provider order directed to them, or isolation based on an order
directed to them from a health care provider due to symptoms of or diagnosi~ with
COVID-19 from a documented work-related exposw·e, shall be placed on 'paid
administrative leave during the leave status.
12. CPOA members understand that all leave gr~nted per this Agreement expires on
Decemb.er 31, 2020 and cannot be carried over into the following calendar year.
13. Nothing in this Agreement is intended to waive the management rights of the city or to
require negotiations over matters not otherwise required to be negotiated under
applicable law.
This Agreement supersedes any previous city related documents distributed in relation to
FFCRA leave benefits.
Except as provided here, all wages, hours, and other te1ms and conditions of employment
presently in the city's MOU with the CPOA remain in full force and effect.
May 19, 2020 Item #2 Page 10 of 37 May 19, 2020 Item #2 Page 10 of 37
Attachment B
CITY OF CARLSBAD:
Date: {)S~D,S" -:2D?-0
CARLSBAD POLICE OFFICERS' ASSOCIATION
Date: £/5/W
May 19, 2020 Item #2 Page 11 of 37 May 19, 2020 Item #2 Page 11 of 37
SIDE LETTER AGREEMENT
BETWEEN THE·
THE CARLSBAD CITY EMPLOYEES' ASSOCIATION
AND
THE CITY OF CARLSBAD
Attachment C
RELATING TO COVID-19 EMERGENCY RESPONDER LEA VE
The City of Carlsbad (hereinafter referred to as "city'') and the Carlsbad City Employees'
Association (hereinafter referred to as the "CCEA") entered into a Memorandum of
Understanding (''MOU") with a term beginning on January I, 2018 and terminating on
December 31, 2020. The city and CCEA are collectively referred to herein as the "Parties."
The Parties now enter into this Side Letter of Agreement ("Agreement") as an amendment to
theMOU.
Background and Overview
This Agreement relates to modifications to the city's application of the Families· First
Coronavirus Response Act -H.R. 6201 (FFCRA) benefits. Per the FFCRA, and under the
city's current utilization, Emergency Responders, including, but not limited to, firefighters, law
enforcement officers, emergency management personnel, 911 operators, public works
personnel, and persons with skills or training in operating specialized equipment or other skills
needed to provide aid in a declared emergency, are exempt from theFFCRA and are not eligible
for all included benefits, unless otheiwise provided by the city. The city has designated CCEA
members who are in the job classifications listed below as Emergency Responders (hereinafter
referred to as "CCEA Emergency Responders") for purposes of FFCRA benefits.
May 19, 2020
Building Maintenance Worker I/II
Cross Connection Control Tech.
Custodian I/II
Electrician
Equipment Technician I/II
Engineering Technician I/II in Utilities Dept.
Facility Attendant
Lead Equipment Technician
Maintenance Worker I
Meter Services Worker I/II
Sanitation Systems Operator I/II/III
Sr. Building Maintenance Worker
Sr. Cross Connection Control Tech.
Sr. Electrician
Sr. Storm Drain Maintenance Worker
Storm Drain Maintenance Worker
Street Maintenance Worker II/III
Utility Worker I/II/III
Waste Water Utility Worker I/II/III
Water Systems Operator II/III
Item #2 Page 12 of 37 May 19, 2020 Item #2 Page 12 of 37
Attachment C
The benefits outlined below are designed to protect· CCEA members while preserving
management's ability to ensure essential CCEA Emergency Responders, who are required to
work in emergency environments, are available to provide such services and at necessary
staffmg levels during the COVID-19 pandemic recognized by the World Health Organization.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with
the Meyers-Milias-Brown Act ("MtvlBA") in response to the city's determination that these
benefits are not required by the FFCRA and are being provided at the sole discretion of the city.
Based on the above, the city has proposed and the CCEA has agreed to replace the current
application of Emergency Paid Sick Leave for Emergency Responders with the following:
1. This temporary Agreement goes into effect retroactively to April 1, 2020 and lasts
through December 31, 2020, or sooner upon notice from the city to CCEA that the city
has detennined there is no longer a need for the additional leave based on the COVID-
19 pandemic status.
2. The CCEA understands and agrees that CCEA Emergency Responders are exempt from
receiving FFCRA benefits as Emergency Responders and are not legally entitled to such
benefits. However, the city agrees to provide CCEA Emergency Responders with
COVID-19 Emergency Responder Leave under all conditions specified in this
Agreement.
3. CCEA Emergency Responders may be eligible for COVID-19Emergency Responder
Leave to: (1) care for an individual, within the meaning of29 C.F.R. 826.20(a)(5), who
is subject to a federal, state, or local quarantine or isolation order related to COVID-19
and/or has been advised by a health care provider to self-quarantine; or (2) care for a
child due to school closure or unavailability of childcare provider related to COVID-19.
4. CCEA Emergency Responders may be eligible for up to 80 hours of COVID-19
Emergency Responder Leave.
5. CCEA Emergency Responders taking COVID-19 Emergency Responder Leave for the
qualifying reasons listed above shall be paid at two-thirds of their regular rate of pay.
CCEA Emergency Responders may apply their other accrued leave balances to
supplement any reduced wages during the COVID-19 Emergency Responder Leave.
6. Due to the operational needs of the Department, the city reserves the right to exclude
any individual CCEA Emergency Responder from the COVID-19 Emergency
Responder Leave benefits. .
. 7. In order to take leave under COVID-19Emergency Responder Leave, eligible CCEA
Emergency Responders will be required to complete and submit an appropriate leave
request in increments equal to their nonnally scheduled shift length up to the maximum
number of hours outlined in this Agreement.
8. The city reserves the right to request certification or other supporting documentation
from CCEA Emergency Responders taking COVID-19Emergency Responder Leave.
CCEA Emergency Responders understand and agree to provide such documentation
promptly upon request, and further understand that failure to do so may result in a delay
or denial of talcing leave.
May 19, 2020 Item #2 Page 13 of 37 May 19, 2020 Item #2 Page 13 of 37
Attachment C
9. CCEA Emergency Responders are required to obtain management approval prior to
taking COVID-19 Emergency Responder Leave in any increment.
10. CCEA Emergency Responders understand that COVID-19 Emergency Responder
. Leave has no cash value and cannot be cashed out.
11. Any CCEA Emergency Responder who is subject to quarantine based on a specific
federal, state, or local or health care provider order directed to them, or isolation based
on an order directed to them from a health care provider due to symptoms of or diagnosis
with COVID-19 from a documented work-related exposure, shall be placed on paid
administrative leave during the leave status.
12. CCEA Emergency Responders understand that all leave granted per this Agreement
expires on December 31, 2020 and cannot be canied over into the following calendar
year.
13. Nothing in this Agreement is intended to waive the management rights of the city or to
require negotiations over matters not otherwise required to be negotiated under
applicable law.
This Agreement supersedes any previous city related documents distributed in relation to
FFCRA leave benefits.
Except as provided here, all wages, hours, and other terms and conditions of employment
presently in the city's MOU with the CCEA remain in full force and effect.
CITY OF CARLSBAD:
Date:; /51 ~o'J □
CARLSBAD CITY EMPLOYEES' ASSOCIATION
' Date: s/ ~ /--i.o
May 19, 2020 Item #2 Page 14 of 37 May 19, 2020 Item #2 Page 14 of 37
SIDE LETTER AGREEMENT
BETWEENTHE
THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
AND
THE CITY OF CARLSBAD
Attachment D
RELATING TO COVID-19 EMERGENCY RESPONDER LEA VE
The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad Firefighters'
Association, Inc. (hereinafter referred to as the "CF A") entered into a Memorandum of
Understanding ("MOU") with a term beginning on January 1, 2020 and terminating on
December 31, 2022. The city and CF A are collectively referred to herein as the "Parties." The
Parties now enter into this Side Letter of Agreement ("Agreement") as an amendment to the
MOU.
Background and Overview
This Agreement relates to modifications to the city's application of the Families First
Coronavirus Response Act-H.R. 6201 (FFCRA) benefits. Per the FFCRA, and under the city's
current utilization, Emergency Responders, including, but not limited to, :firefighters, law
enforcement officers, emergency management personnel, 911 operators, public works
personnel, and persons with skills or training in operating specialized equipment or other skills
needed to provide aid in a declared emergency, are exempt from the FFCRA and are not eligible
for any included benefits, unless otherwise provided by the city. The city has designated CF A
members as Emergency Responders for purposes of FFCRA benefits.
The benefits outlined below are designed to protect CF A members while preserving
management's ability to ensure essential Emergency Responders, who are required to work in
emergency environments, are available to provide such services and at necessary staffing levels
during the COVID-19 pandemic recognized by the World Health Organization.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with
the Meyers-Milias-Brown Act ("MMBA") in response to the city's determination that these
benefits are not required by the FFCRA and are being provided at the sole discretion of the city.
Based on the above, the city has proposed and the CF A has agreed to replace the current
application of Emergency Paid Sick Leave for Emergency Responders with the following:
1. This temporary Agreement goes into effect retroactively to April 1, 2020 and lasts
through December 31, 2020, or sooner upon notice from the city to CF A that the city
has determined there is no longer a need for the additional leave based on the COVID-
19 pandemic status.
2. The CF A understands and agrees that CF A members are exempt from receiving FFCRA -
benefits as Emergency Responders and are not legally entitled to such benefits.
However, the city agrees to provide CF A members with COVID-19 Emergency
Responder Leave under all conditions specified in this Agreement.
May 19, 2020 Item #2 Page 15 of 37 May 19, 2020 Item #2 Page 15 of 37
Attachment D
3. CFA members may be eligible for COVID-19 Emergency Responder Leave to: (1) care
for an individual, within the meaning of 29 C.F.R. 826.20(a)(5), who is subject to a
federal, state, or local quarantine or isolation order related to COVID-19 and/or has been
advised by a health care provider to self-quarantine; or (2) care for a child due to school
closure or unavailability of childcare provider related to COVID-19.
4. CF A members who are regularly scheduled on a 24~hour shift or a 12-hour shift may be
eligible for up to 96 hours of COVID-19 Emergency Responder Leave. CF A members
on any other schedule may be eligible for up to 80 hours of COVID-19 Emergency
Responder Leave.
5. CFA members taking COVID-19 Emergency Responder Leave for the qualifying
reasons listed above shall be paid at two-thirds of their regular rate of pay. CF A
members may apply their other accrued leave balances to supplement any reduced
wages during the COVID-19 Emergency Responder Leave.
6. Due to the operational needs of the Department, the.city reserves the right to exclude
any individual CF A member from the COVID-19 Emergency Responder Leave
benefits.
7. In order to take leave under COVID-19 Emergency Responder Leave, eligible CFA
members will be required to complete and submit an appropriate leave request in
increments equal to their normally scheduled shift length up to the maximum number
of hours outlined in this Agreement.
8. The city reserves the right to request certification or other supporting documentation
from CF A members taking COVID-19 Emergency Responder Leave. CF A members
understand and agree to provide such documentation promptly upon request, and further
understand that failure to do so may result in a delay or denial of taking leave.
9. CFA members are required to obtain management approval prior to taking COVID-19
Emergency Responder Leave in any increment.
10. CFA members understand that COVID-19 Emergency Responder Leave has no cash
value and cannot be cashed out.
11. Any CF A member who is subject to quarantine based on a specific federal, state, or
local or health care provider order directed to them, or isolation based on an order
directed to them from a health care provider due to symptoms of or diagnosis with
COVID-19 from a documented work-related exposure, shall be placed on paid
administrative leave during the leave status.
12. CFA members understand that all leave granted per this Agreement expires on
December 31, 2020 and cannot be carried over into the following calendar year.
13. Nothing in this Agreement is intended to waive the management rights of the city or to
requfre negotiations over matters not otherwise required to be negotiated under
applicable law.
This Agreement supersedes any previous city-related documents distributed in relation to
FFCRA leave benefits.
Except as provided here, all wages, hours, and other terms and conditions of employment
presently in the city's MOU with the CF A remain in full force and effect.
May 19, 2020 Item #2 Page 16 of 37 May 19, 2020 Item #2 Page 16 of 37
Attachment D
CITY OF CARLSBAD:
Date: C:,1 (!l /zo lu I
)'L . // C,/ / . . . f-(,
Ci)RLSBAD FIREFIGHTERS' ASSOCIATION
/
Date: 5 /i:, / a>
May 19, 2020 Item #2 Page 17 of 37 May 19, 2020 Item #2 Page 17 of 37
Attachment E
MANAGEMENT COMPENSATION AND BENEFITS PLAN
TABLE OF CONTENTS
Section 1
Section 2
Section 3
May 19, 2020
Introduction ............................................................................ Page 2
Compensation ........................................................................ Page 2
Pay Ranges ....................................................................... Page 2
Compensation Adjustments ............................................ Page 3
Survey Market. ................................................................. Page 3
Benefits and Other Types of Pay ........................................... Page 4
Life/ Accidental Death and Dismemberment
(AD&D) Insurance and Voluntary Benefits .................... Page 4
Retirement ........................................................................ Page 4
Leave of Absence ............................................................. Page 5
1. Vacation .............................................................. Page 6
2. Executive Leave ................................................. Page 8
3. Sick Leave .......................................................... Page 8
4. Bereavement Leave ............................................ Page 9
5. Leave Without Pay ............................................. Page 9
6. Pregnancy Disability Leave ................................ Page 11
7. FMLA ................................................................. Page 11
8. Military Leave .................................................... Page 11
9. Jury Duty ............................................................ Page 11
10. Extended Leave of Absence ............................... Page 12
11. Paid Family Leave .............................................. Page 12
Separation Compensation ................................................ Page 12
Holidays ........................................................................... Page 12
Health Benefits ........ : ........................................................ Page 13
Health Insurance for Retirees ........................................... Page 15
Physical Fitness Reimbursement ..................................... Page 15
Short-Term and Long-Term Disability Insurance (LTD)Page 16
Deferred Compensation ................................................... Page 16
Drug and Alcohol Policy ................................................. Page 16
Uniform Reimbursement and Reporting the Value
of Uniforms to CalPERS.: ................................................ Page 17
Fire Safety Management.. ................................................ Page 17
Special Assignment and Temporary Upgrade Pay .......... Page 18
Educational Incentive Pay ................................................ Page 19
Item #2 Page 18 of 37 May 19, 2020 Item #2 Page 18 of 37
Management Compensation and Benefits Plan
SECTION 1: INTRODUCTION
The Management Compensation and Benefits Plan contains three parts: 1) an introduction, 2) an
overview of compensation and 3) a description of benefits for management employees.
Definitions
1. Management Employees -Management employees are defined as those employees
whose classifications are listed on the Management Salary Structure. Except as to those
management employees subject to an applicable law, all management employees are
considered "at-will" and have no property rights to their position. At will employment
with the City may be terminated at any time by either party, with or without cause, for
any reason or no reason whatsoever, and with or without advance notice. At will
employees do not have the right to appeal.
2. City Council Appointed Employees -The City Manager and City Attorney are hired by
and responsible directly to the City Council. The salaries for these positions shall be set
by the City Council. The City Manager and City Attorney will not be subject to the
provisions of the Compensation program as outlined in Section 2 of this document. The
schedule of management benefits (as outlined in Section 3 of this document) will apply
to these positions, except as otherwise provided by the City Council.
SECTION 2: COMPENSATION
Pay Ranges
Each management 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 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 (or
City Attorney, for management employees in the City Attorney's Office)1•
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.
1 Hereafter, all references to the City Manager include, with regard to management employees in the City Attorney's
Office, the City Attorney.
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Compensation Adiustments
Effective January 1, 2020, all management employee salaries will be increased by three percent
(3 % ). As a result, all management salary ranges will be adjusted to reflect this increase. An
employee's salary may not exceed the maximum of the pay range for their classification.
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 management
classifications.
• City of Chula Vista
• City of Coronado
• City of Del Mar
• City of El Cajon
• City of Encinitas
• City of Escondido
• City of Imperial Beach
• City of La Mesa
• City of National City
• City of Oceanside
• City of Poway
• City of San Marcos
• City of Solana Beach
• City of San Diego
• City of Santee
• City of Vista
• County of San Diego
In addition to the agencies listed above, the following agencies will be considered in the survey
market only for Utilities Director, Utilities Manager and Utilities Supervisor classifications.
• Encina Wastewater Authority
• Helix Water District
• Olivenhain Municipal Water District
• Otay Water District
• Padre Dam Municipal Water District
• Vallecitos Water District
• Vista Irrigation District
The Human Resources Department will compare salary and benefits information on each City of
Carlsbad benchmark classification with appropriate classifications in the survey market. Those
classifications that are considered benchmarks are those in which there was a substantial match
between the competencies and duties required for jobs at the City of Carlsbad and those for jobs in
the survey market.
Each City of Carlsbad job classification is assigned to a specific pay range. The non-benchmark
positions are assigned to a pay range based on internal relationships, responsibility and/or
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knowledge, skills and abilities of jobs. The benchmark salary data will be surveyed regularly and
the benchmark comparisons will be modified when the classifications change within the
organization.
The City Council delegates to the City Manager the authority to create and change job
classifications and assign job classifications to a specific pay range, based on both benchmark salary
information and internal relationships within the organization.
SECTION 3: BENEFITS AND OTHER TYPES OF PAY
Life/ Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits
All management employees shall receive city-paid life insurance in an amount equal to two times
their base salary up to a maximum benefit of$400,000. To determine benefits, the amount of
insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple.
Effective January 1, 2020, all management employees shall receive city paid Accidental Death and
Dismemberment (AD&D) insurance in an amount equal to two times their base salary up to a
maximum benefit of$400,000. 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.
Retirement
All management employees shall participate in the California Public Employees' Retirement System
(CalPERS). The specific retirement formula applied will be determined based on whether the
position is deemed safety or miscellaneous. All positions not deemed eligible for safety retirement
will be deemed miscellaneous under the CalPERS system. Optional benefits unique to the City of
Carlsbad's contract with CalPERS are outlined in the contract between the city and CalPERS. A
copy of this contract is kept on file in the Human Resources Department.
Management employees who are considered fire safety employees are eligible for the same
retirement benefit formula and are subject to the same optional retirement benefits described in the
City of Carlsbad CalPERS safety contract (and are the same as those provided to employees
represented by the Carlsbad Firefighters' Association, Inc.). Unrepresented sworn police
management employees are eligible for the same retirement benefit formula and are subject to the
same optional retirement benefits described in the City of Carlsbad CalPERS safety contract (and
are the same as those provided to employees represented by the Carlsbad Police Officers'
Association).
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)
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a) 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.
b) 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.
c) Employees entering City of Carlsbad safety CalPERS membership for the first time prior
to October 4, 2010 -The retirement formula shall be 3%@ 50; single highest year final
compensation.
d) Employees entering City of Carlsbad safety CalPERS membership for the first time on
or after October 4, 2010-The retirement formula shall be 2%@50; three year average
final compensation.
"New Members"
Employees who are "New Members" as defined by the California Public Employees'
Pension Reform Act of2013 (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.
a) Miscellaneous employees -Retirement formula shall be 2% @ 62; three year average
final compensation. ·
b) Safety employees -Retirement formula shall be 2.7%@57; 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 4 l 4(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%),
• safety employees subject to the 3% @50 or 2% @50 benefit formulas shall pay
all of the employee retirement contribution (9%), and
• miscellaneous and safety employees who meet the definition of"New Member"
under PEP RA shall pay one half of the normal cost rate associated with their
benefit plan.
Leave of Absence
Management employees are exempt from overtime requirements under the Fair Labor Standards
Act. Management employees in the City are paid on a salary basis versus an hourly basis. Pursuant
to FLSA regulation 29 CFR Section 541.5d, the City can make deductions from salary or leave
accounts for partial day absences for personal reasons or sickness because the City has a policy and
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practice of requiring its employees to be accountable to the public that they have earned their
salaries. A partial day absence is an absence of less than the employee's regular work day.
Pursuant to FLSA regulation 29 CFR Section 541.118 (a)(2) and (a)(3), the City may make salary
or leave reductions based upon full day absences.
Partial day or full day absences shall be first charged against the exempt employee's vacation, sick,
or executive leave account. In the event the exempt employee does not have sufficient time in
his/her leave account to cover the absence, deductions without pay will be made on full days only.
1. Vacation
a. Vacation Accrual
Every management employee shall accrue vacation ieave 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.
All management employees ( except Fire Battalion Chiefs) shall earn vacation on the
following basis:
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 of ten
(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.
Management employees with comparable service may be granted credit for such
service for the purpose of computing vacation at the discretion of the City Manager.
All management employees shall be permitted 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.* The City Manager shall be responsible for the granting of vacation
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to all management personnel, except in the case of the City Attorney's Office, where
the City Attorney shall be responsible for granting vacation.
* 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 or
Designee. The Department Head and the City Manager or Designee may grant such a request if it is
in the best interest of the City. Requests will be handled on a case-by-case basis and will be
considered only in extreme circumstances.
Fire Battalion Chiefs shall accrue vacation in the same manner and up to the same
maximum as Carlsbad Firefighters' Association (CF A) represented employees.
b. Vacation Conversion
1. No later than December 10, 2019, management employees will be provided an
option to convert accrued and um,1.sed vacation to cash in an amount of up to 80
hours. Fire Battalion Chiefs who work 112 hours/pay period will be allowed to
convert accrued and unused vacation to cash in an amount of up to 112 hours. All
accrued and unused vacation earned up through the last full period in December
2019, that is not requested to be cashed out by December 10, 2019 is no longer
eligible to be converted to cash, except upon separation of employment with the city.
2. Employees are also eligible to submit an irrevocable request to elect to cash out up to
80 hours ( or up to 112 hours if a Battalion Chief on a 112 hours/pay period schedule)
of accrued vacation hours for the following calendar year.
3. All employees wishing to convert accrued vacation to cash in the year following the
election will complete a form between November 10 and December 10 of each year.
Elections will not carry over from one calendar year to the next calendar year.
4. Only vacation hours accrued during the calendar year following the election may be
cashed out. Employees accruing less than the election amount may cash out no more
than their total vacation accrual in the following calendar year.
5. The employee's accrued vacation to convert to cash will be credited first to the cash
out account with the employee's earned vacation leave until the employee's full
election amount is reached. The vacation hours designated to the cash out account
will not be credited toward the employee's maximum vacation accrual. During this
period of time, no earned vacation leave will be credited to the employee's vacation
time off balance.
6. Payment of vacation hours elected for cash out will be in the last paycheck in
December unless the employee has accrued all the elected vacation hours by June 30, in
which case payment of the all the elected vacation hours may be cashed out in July at
the employee's request. All vacation hours will be paid in the calendar year in which
the vacation hours accrue. If the employee does not accrue all requested vacation
hours in the calendar year, the vacation payment amount will be reduced to the total
number of vacation hours the employee actually accrues in the calendar year and the
payout will be made no later than the last pay date in the calendar year.
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7. The vacation payment amount will be based on the employee's rate of pay at the
time of the payout. The vacation payment amount is taxable income, subject to all
applicable withholding amounts and payroll deductions.
8. An employee who does not elect to cash out vacation by December 10 waives their
right to do so and will not be allowed to cash out any vacation accruing in the
following year.
c. 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
vacation leave as of their last day on payroll.
2. Executive Leave (E-time)
Effective July 1, 2018, all management personnel shall receive sixty-four (64) hours per
fiscal year for executive leave. The sixty-four (64) hours will be credited upon hire or
promotion into management and at the beginning of each fiscal year to individual leave
balances. This leave must be used within the same fiscal year. The City Manager is
authorized to provide ten (10) additional hours of executive leave per year to any
management employee who is required to work extended hours due to emergencies such as
fires, storms, floods, or other emergencies.
3. Sick Leave
Sick leave can be used in 15 minute increments.
Sixteen (16) minutes of sick leave are accrued per calendar day. Accumulation is unlimited
( employees cannot receive payment for unused sick leave). Fire Battalion Chiefs that work
a 112 hour/pay period schedule shall accrue sick leave sick leave at a rate of25 minutes per
day. A Fire Battalion Chief who changes from a 112 hour/pay period schedule to an 80
hour/pay period schedule as a result of an administrative assignment or an occupational
injury assignment ( either full or light/modified duty) will continue to accrue at a rate of 25
minutes per day during this assignment.
Any management employee, except a Fire Safety Management 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 sick leave and 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. Conversion can only be
made in increments of full day vacation days. Employees will not be allowed to convert
sick leave to vacation if such conversion would put them over the vacation accrual
maximum.
Fire Safety Management employees shall be eligible for sick leave conversion based on the
following guidelines.
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For a Fire Safety Management employee on an 80 hour/pay period schedule:
Any represented employee who has accrued and maintains a minimum of 160 hours
of sick leave shall be permitted to convert up to 120 hours of accumulated
uncompensated sick leave to vacation at a ratio of 24 hours of sick leave to 8 hours
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.
For a Fire Safety Management employee on a 112 hour/pay period schedule:
Any represented employee who has accrued and maintains a minimum of 240 hours
of sick leave shall be permitted to convert up to 288 hours of accumulated
uncompensated sick leave to vacation at a ratio of 72 hours of sick leave to 24 hours
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.
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.
4. Bereavement Leave
An employee may use up to an equivalent of three work days of paid leave if required to be
absent from duty due to the death of a member of the employee's immediate family.
Additional time off may be authorized by the Department Head and charged to accrued
vacation or 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.
The employee may be required to submit proof of relative's death before final approval of
bereavement leave is granted.
5. 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, e-time 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.
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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.
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. 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.
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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.
6. 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 and vacation time and leave without pay to
take a leave for a reasonable period of time, not to exceed four months. An employee shall
utilize all accrued leave prior to taking leave without pay. Reasonable period of time means
that period during which the employee is disabled on account of pregnancy, childbirth, or
related conditions.
An employee who plans to take a leave pursuant to this article shall give the City reasonable
notice of the date the leave shall commence and the estimated duration of the leave.
7. Family and Medical Leave of Absence (FMLA)
An employee may be granted a FMLA ofup to 12 weeks ina 12 month period for one or
more of the following reasons:
-for the birth/placement of a child for adoption or foster care,
-to care for an immediate family member with a serious health condition, or
-to take medical leave when the employee is unable to work because of a serious
condition.
FMLA may be paid or unpaid and may be granted concurrently and in conjunction with
other leave and benefit provisions. Specific details regarding the provisions of this leave are
available by contacting the Human Resources Department.
8. 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.
9. Jury Duty
When called to jury duty, an employee shall be entitled to his/her regular compensation.
Employees released early from jury duty shall report to their supervisor for assignment for
the duration of the shift. Employees shall be entitled to keep mileage reimbursement paid
while on jury duty.
A Department Head may, at his/her sole discretion, contact the court and request an
exemption and/or postponement of jury service on behalf of an employee.
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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.
10. Extended Leave of Absence
Upon completion of 84 consecutive calendar days (12 weeks) ofleave 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) or completion of a leave of absence related to Section 4850 of the
Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed
below:
• accrual of sick leave and vacation,
• cell phone allowance,
• car allowance and
• holiday pay for Fire Battalion Chiefs working a 112 hour/pay period schedule.
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 or the completion of a leave of absence related to Section 4850 of the Labor
Code, whichever was longer.
11. Paid Family Leave
Effective January 1, 2020, per Administrative Order No. 84, all management employees will
be eligible for 160 hours per year of paid family leave to care for an immediate family
member or bond with a new child.
Separation Compensation
All management employees involuntarily separated from the City service due to budget cutbacks,
layoffs, contracting out of service or for other reasons not due to misconduct which would justify
involuntary separation shall receive one month's salary computed at the employee's actual salary at
the time of separation.
Holidays
All management employees shall be paid holidays in accordance with the schedule of eleven (11)
holidays as established by the City Council. The scheduled paid holidays that will be official City
holidays shall be as follows:
New Year's Day
Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
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Fire Battalion Chiefs are compensated for holidays in the manner outlined below.
1) Suppression personnel on an administrative assignment are ineligible for the holiday pay
listed above. These personnel will receive straight time pay when they are regularly
scheduled to work on the holidays listed above.
2) Fire Prevention personnel and personnel on a non-occupational injury light/modified duty
assignment will be eligible to have the day off with pay on the holidays listed above.
3) Suppression personnel working a 112 hour/pay period schedule and personnel on an
occupational injury light/modified duty assignment shall be compensated for an additional
twelve (12) hours of holiday pay (using a base salary rate that excludes additional pays)
on the day the holiday occurs.
Only employees 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, 2019, all management employees, including Fire Safety Management 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
employee's supervisor. 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.
Health Benefits
Management employees will participate in a flexible benefits program which includes medical
insurance, dental insurance, vision insurance, flexible spending accounts (FSAs) and Accidental
Death & Dismemberment insurance (AD&D). Each of these components is outlined below.
I . Medical Insurance
Management employees will be covered by the Public Employees' Medical and Hospital Care
Act (PEMHCA) and will be eligible to participate in the California Public Employees'
Retirement System (CalPERS) Health Program. The City will pay on behalf of all management
employees and their eligible dependents and those retirees mentioned in the section of this
document titled, "Health Insurance for Retirees," the minimum amount per month required
under Government Code Section 22892 of the PEMHCA for medical insurance through the
California Public Employees' Retirement System (CalPERS). If electing to enroll for medical
benefits, the employee must select one medical plan from the variety of medical plans offered.
Effective January 1, 2018, the City will contribute the following monthly amounts (called
"Benefits Credits") on behalf of each active management employee and eligible dependents
toward the payment of 1) medical premiums under the CalPERS Health Program, 2)
contributions in the name of the employee to the City's flexible spending account(s), 3) dental
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premiums 4) vision premiums and/or 5) accidental death and dismemberment (AD&D)
premiums:
(a)
(b)
(c)
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.
For employees with "Employee Plus One" coverage, the City shall contribute
one thousand one hundred forty-six dollars ($1,146) 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.
For employees with "Family" coverage, the City shall contribute one
thousand five hundred two dollars ($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.
Subsequently, effective January 1 of each calendar year, the City monthly Benefits Credits will
change for each coverage level. The monthly Benefits Credits will be set to dollar amounts that
equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee
Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums
that will take effect on January 1 of the respective calendar year.
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.
All management employees who work three quarter-time or less will receive prorated Benefits
Credits.
2. Dental Insurance
Management employees will be eligible to enroll in or waive enrollment in a City-sponsored
dental plan at any coverage level.
3. Vision Insurance
Management employees will be eligible to enroll in or waive enrollment in a City-sponsored
vision insurance plan at any coverage level.
4. Waiver Provision
Management 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.
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The dollar amount paid by the City for employees who elect the waiver provision may change in
the first pay period of each calendar year. 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.
Health Insurance for Retirees
Effective January 1, 2001, management employees will be covered by the Public Employees'
Medical and Hospital Care Act and will be eligible to participate in the California Public
Employees' Retirement System (CalPERS) Health Program. Management employees who retire
from the City, either service or disability, shall be eligible to continue their enrollment in the
CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to
enroll in a CalPERS medical plan at the time of separation from employment and their effective
date of retirement is within 120 days of separation. The City will contribute the minimum amount
per month required under Government Code Section 22892 of the PEMHCA toward the cost of
each retiree's enrollment in the CalPERS Health Program.
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.
Physical Fitness Reimbursement
All management employees shall be eligible for reimbursement of up to the amount of four hundred
fifty dollars ($450) during each fiscal year for the costs associated with physical fitness.
Each employee claiming reimbursement shall be required to submit original receipts to the Human
Resources department for approval and reimbursement.
The physical fitness reimbursement is offered to management employees to promote optimum
health. Services include, but are not limited to: health assessment testing and examinations,
computerized heart risk profile, complete blood profile, fees paid to physical fitness providers,
nutritional assessment and diet program.
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Short-Term and Long-Term Disability Insurance
Short-Term Disability
Management Compensation and Benefits Plan
Effective January 1, 2020, short-term disability insurance is available for all management
employees and the insurance premium is paid by the city. The insurance shall provide for a seven
(7) calendar day waiting period prior to payment eligibility and the short-term disability benefits
shall be provided at 60% of the employee's pre-disability base salary, up to a maximum base salary
of $150,000.
Long-Term Disability
Long-term disability is available for all management employees and the insurance premium is paid
by the city. Effective January 1, 2020, the waiting period prior to payment eligibility shall be ninety
(90) calendar days and the long-term disability benefits shall be provided at 66 2/3% of the
employee's pre-disability base salary, up to a maximum base salary of $150,000.
Use of Accrued Paid Time Off While Receiving Disability Benefits
The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability
insurance waiting period. The employee shall combine accrued paid time off, except for accrued
sick leave, with short-term and long-term disability payments for the purpose of achieving the
equivalent of their base salary while receiving the disability payments.
Transition/Continuation of Benefits for Employees on a Short-Term or Long-Term Disability Leave
of Absence as of December 31, 2019
An employee who is on a short-term or long-term disability leave of absence as of December 31,
2019 (including an intermittent leave), will be converted to short-term and/or long-term coverage
with the city's new disability insurance provider as of January 1, 2020 without having to repeat the
waiting period.
Deferred Compensation
The City shall provide deferred compensation plan(s) which may be utilized by any management
employee. The City reserves the right to accept or reject any particular plan and to impose specific
conditions upon the use of any plan. It is acknowledged that the City will assist in the
administration of this benefit but that the City has no liability if an employee should default on the
repayment of such a loan.
Drug and Alcohol Policy
It is the policy of the City of Carlsbad to provide a work environment free from the effects of drugs
and alcohol consistent with the directives of the Drug Free Workplace Act.
The City provides a voluntary Employee Assistance Program (EAP) to assist employees who seek
help for substance abuse or other personal problems affecting work or family life. This program is
available to employees and their family members and offers 24-hour access to confidential
professional EAP assistance for emergency or urgent situations. For more specific information,
contact the Human Resources Department or visit the City's intranet site.
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Management Compensation and Benefits Plan
Uniform Reimbursement & Reporting the Value of Uniforms to CalPERS
Reimbursement to the Police Chief and Assistant Police Chief for the cost of purchasing and
maintenance of required uniforms shall be $34.62 per pay period.
Effective May 31, 2010, all fire management employees who are required to wear City-provided
uniforms will have the amount of $17 .31 reported to CalPERS bi-weekly as special compensation
related to the monetary value of the required uniforms, excluding boots.
Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members.
Fire Safety Management
1. Post-Retirement Healthcare Trust
Employees promoted into a fire safety management classification from a position represented by
CF A, Inc. after the establishment of the post-retirement healthcare trust by CF A, Inc. shall
contribute into the post-retirement healthcare trust established by CF A, Inc. via payroll deductions
until participation by CF A, Inc., in this type of trust is terminated. The employee contribution
amount shall be equal to the amount established for employees represented by CF A, Inc. In
addition, the city will make monthly contributions per fire safety management employee who is
contributing to the trust. The city contribution amount will be equal to the amount established for
employees represented by CF A, Inc. The City has no administrative responsibilities or liabilities
related to this benefit, other than processing of payroll contributions as described above.
2. Overtime
The classifications of Fire Chief, Fire Division Chief, Fire Battalion Chief and Fire Marshal are
exempt from overtime requirements under FLSA. However, Fire Battalion Chiefs are paid at
their base hourly rate of pay, which is derived by dividing the Fire Battalion Chiefs weekly
salary by 40 hours for an employee on an 80 hour/pay period schedule and 56 hours for an
employee on a 112 hour/pay period schedule, for the actual hours the Fire Battalion Chief
spends covering for a Battalion Chief who is on a leave of absence or deployed and when they
are directed to attend a mandatory training class or meeting associated with the rank of Battalion
Chief on a non-scheduled work day.
Employees in the classification of Fire Chief, Assistant Fire Chief, Fire Division Chief and Fire
Marshal who are assigned to a mutual aid incident (not automatic aid) are compensated for
regularly scheduled hours. In addition, the employee will be paid at their base hourly rate of
pay, which is derived by dividing their weekly salary by 40 hours for all hours, beginning at the
time of dispatch until return to jurisdiction (portal to portal). Employees in the classification of
Fire Battalion Chief who are assigned to the emergency location are paid at a rate of 1.5 their
base hourly rate of pay, which is derived by dividing their base weekly rate by 40 hours, for
hours worked in excess of their normally scheduled work shift beginning at the time of dispatch
to the return to jurisdiction (portal to portal).
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Management Compensation and Benefits Plan
3. Fire Battalion Chief Administrative Assignments
While a Fire Battalion Chief is on an administrative assignment, the employee' s hourly rate will
be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate.
While appointed or assigned to an administrative position (80 hour/pay period schedule), the
employee shall receive an additional 15 percent (15%) above their base hourly pay rate.
A Fire Battalion Chief who is assigned to an 80 hour/pay period schedule administrative
assignment will not be available to work shift overtime on days they are assigned to an
administrative assignment unless authorized by the Fire Chief or his/her designee. Employees
are authorized to work suppression overtime during hours they are not assigned to
administration.
A Fire Battalion Chief working an 80 hour/pay period schedule who works a suppression
overtime shift, not including overhead assignments, will have their pay rate converted to the 112
hour/pay period rate while working on the suppression overtime shift. This rate shall not
include the 15% administrative assignment pay.
4. Moving Between an 80 Hour/Pay Period Work Schedule and a 112 Hour/Pay Period Work
Schedule
When a Fire Battalion Chief changes from a 112 hour/pay period schedule to an 80 hour/pay
period schedule, the employee's vacation balance (number of hours of accrued and unused
vacation) is divided by 1.4 so that the dollar value of the employee's vacation balance at the
time of the change remains the same.
When a Fire Battalion Chief changes from an 80 hour/pay period schedule to a 112 hour/pay
period schedule, the-employee's vacation balance (number of hours of accrued and unused
vacation) is multiplied by 1.4 so that the dollar value of the employee's vacation balance at the
time of the change remains the same.
5. The city will comply with the Firefighter Bill of Rights Procedures for those Fire Management
employees who are afforded rights purs:uant to Government Code Section 3254.5 of the
California Firefighter Procedural Bill of Rights Act (FBOR).
6. Employees in the classifications of Fire Battalion Chief and Fire Marshal shall be eligible for
COVID-19 Emergency Responder Leave as outlined in the side letter agreement between the
CF A and the City of Carlsbad relating to COVID-19 Emergency Responder Leave.
Special Assignment 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 a special assignment and receive additional temporary upgrade pay. In such
cases, the employee shall be paid at an appropriate level which will assure an increase ofnot less
than five percent (5%) greater than his/her current salary. Subsequent to designation in a special
assignment, in the event that the situation changes and the City does not need the employee to serve
18 Item #2 Page 35 of 37 May 19, 2020 Item #2 Page 35 of 37
Management Compensation and Benefits Plan
in the assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive
the temporary upgrade pay for that period of time the assignment lasts. In the event that at the
beginning of a special 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.
The temporary upgrade pay shall commence on the first (1st) calendar day of the special
assignment. The recommendation that an employee be placed in a special 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 a special 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
special 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 special assignment, the temporary upgrade pay will resume as of the day the
employee returns to work.
A person in a special assignment shall be eligible to receive pay increases in his/her regular position
during the special assignment. The Human Resources Director shall obtain the employee's consent
for the special assignment prior to the employee's assuming or continuing the duties and additional
compensation, which shall clearly state that it is understood that a reduction in salary will occur due
to cessation of the temporary upgrade pay upon the expiration of the need for the special
assignment.
Educational Incentive
Effective January 1, 2019, employees in the classifications of Police Chief and Assistant Police
Chief who present proof to the Professional Standards Division Sergeant, Carlsbad Police
Department, of evidence of the award of a Management certificate issued by the State of California
Commission on Peace Officer Standards and Training (POST) will be eligible to receive
educational incentive pay in the amount of four hundred sixty-two dollars ($462) biweekly.
Eligibility for receiving the compensation will be based upon the date the employee provides
evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility
of the employee to make notification of eligibility for the educational incentive pay.
19 Item #2 Page 36 of 37 May 19, 2020 Item #2 Page 36 of 37
I
I
I Exhibit 2
Fire Safety Management
6. Employees in the classifications of Fire Battalion Chief and Fire Marshal shall be eligible for
COVID-19 Emergency Responder Leave as outlined in the side letter agreement between the
CF A and the City of Carlsbad relating to COVID-19 Emergency Responder Leave.
May 19, 2020 Item #2 Page 37 of 37 May 19, 2020 Item #2 Page 37 of 37