HomeMy WebLinkAbout2021-12-07; City Council; Resolution 2021-260Exhibit 1
RESOLUTION NO. 2021-260
A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING SIDE LETTER AGREEMENTS WITH THE CARLSBAD
POLICE OFFICERS' ASSOCIATION, CARLSBAD POLICE MANAGEMENT
ASSOCIATION AND CARLSBAD CITY EMPLOYEES' ASSOCIATION TO MODIFY
ARTICLES OF THE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY
AND THESE ASSOCIATIONS RELATING TO THE CALCULATION OF OVERTIME
UNDER THE FAIR LABOR STANDARDS ACT AND AUTHORIZING THE CITY
MANAGER TO ADDRESS ANY RELATED PAST UNDERPAYMENTS
WHEREAS, recent clarifications to the Fair Labor Standards Act require the city to adjust the
way it calculates Fair Labor Standards Act overtime; and
WHEREAS, representatives of the City of Carlsbad an.d the Carlsbad Police Officers' Association,
Carlsbad Police Management Association and Carlsbad City Employees' Association have met an~
conferred in good faith pursuant to the Meyers-Milias-Brown Act (Cal. Government Code, § 3500 et
seq.) regarding the way the city calculates Fair Labor Standards Act overtime; and
WHEREAS, the representatives have reached agreements, which they submitted to the City
Council for consideration and approval; and
WHEREAS, the City Council of the City of Carlsbad, California ha~ determined the need to
approve the agreements in the form of Side Letter Agreements (Attachments A, B and C); and
WHEREAS, the City Council has further determined the need to resolve any individual claims of
underpaid overtime related to the adjustments in the Side Letter Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. The above recitations are true and correct.
2. That the Side Letter Agreements between the Carlsbad Police Officers' Association,
Carlsbad Police Management Association and Carlsbad City Employees' Association
and the City of Carlsbad (Attachments A, B and C) are _approved and the city manager
is directed to execute them.
3.. That the city manager or designee, in consultation with the city attorney, is authorized
to resolve any individual claims of underpaid overtime related to the adjustments in
the Side Letter Agreement, including executing any settlement agreements with the
claimants.
Dec. 7, 2021 Item #3 Page 4 of 34
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the zlli day of December 2021, by the following vote, to wit:
AVES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
(SEAL)
Dec. 7, 2021 Item #3 Page 5 of 34
DocuSign Envelope ID: BD3F36D4-A77A-4401-BFF7-417844C7682B
SIDE LETTER AGREEMENT
BETWEEN THE
THE CARLSBAD POLICE OFFICER'S ASSOCIATION
AND
THE CITY OF CARLSBAD
RELATING TO FLSA OVERTIME
Attachment A
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 the CPO A
are collectively referred to herein as the "Parties."
Background and Overview
This Agreement relates to modifications to the city's payment of Fair Labor Standards Act ("FLSA")
overtime for unused benefit credits received as taxable income in accordance with Flores v. San
Gabriel (2016) 824 F.3d 890. Pursuant to the Flores decision, the city began including unused benefit
credits received as taxable income into the regular rate of pay for FLSA overtime on October 7, 2019.
This Agreement also relates to modifications to the city's payment ofFLSA compensatory time. The
FLSA requires that payments of unused compensatory time are paid at the regular rate. The city
intends to change its method of paying for compensatory time according to FLSA following the 2021
calendar year cashout of unused compensatory time.
The specific provisions contained in this Agreement are intended to supersede any previous
agreements, whether oral or written, regarding the matters contained in this Agreement.
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.
Except as provided here, all wages, hours, and other terms and conditions of employment presently
in the city's MOU with the CPOA remain in full force and effect. This Agreement will become
effective the first day of the first full pay period following Council approval in open session.
The Parties mutually agree to replace Articles 17 and 25 in their entirety with the following:
ARTICLE 17. OVERTIME
Overtime Pay: Each employee covered by this agreement shall be entitled to overtime
compensation at the premium rate of one and one-half (1-1/2) times the employee's regular rate
of pay for all time worked, or regarded as having been worked because the employee is on an
approved paid leave, in excess of the employee's regularly scheduled work day and/or in
excess of forty ( 40) hours per work week for non-sworn employees or eighty (80) hours per
fourteen (14) day work period for sworn employees.
The regular rate of pay shall be calculated in conformance with the FLSA.
Dec. 7,2021 Item #3 Page 6 of 34
DocuSign Envelope ID: BD3F36D4-A77A-4401-BFF7-417844C7682B
Attachment A
17.1 Comp. Time Option: Each employee shall have the option (with the exception of"Pay Only
Details") of receiving compensatory time off at the premium rate in lieu of cash, subject to a
maximum accumulation of one hundred and fifty (150) hours of compensatory time off. The
employee will be paid out the FLSA overtime premium at the regular rate of pay when
compensatory time is selected. For every hour of overtime worked, 1.5 hours will be added to
the comp time bank, if selected. While an employee has accumulated the maximum number of
hours of compensatory time off, he/she shall receive all overtime compensation in cash until
such time as the employee's compensatory time off bank is no longer at the maximum.
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. Required use of overtime to backfill staff shall not be considered to unduly disrupt
operations.
Any accrued and unused compensatory time through December 31, 2019 will be cashed out on
the last pay date in June 2020. Effective January 1, 2020, all accrued and unused compensatory
time during the calendar year will be cashed out on the last pay date of the calendar year. No
compensatory time may be accrued beginning on the last pay period of the calendar year
through the end of the calendar year. At any time an employee may elect to "cash out" any
portion of his/her accrued compensatory time balance at his/her base 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.
17.2 Comp. Time Exception: Special details where the city is reimbursed for employees'
compensation from an outside entity shall be for pay only. Employees volunteering for such
details are not eligible for compensatory time off in lieu of cash.
ARTICLE 25 FLEXIBLE BENEFITS PROGRAM
25.1 Employees represented by the CPOA will participate in a flexible benefits program that
includes medical insurance, dental insurance, vision insurance, AD&D insurance and flexible
spending accounts (FSAs ). Each of these components is outlined below.
25.2 Benefits Credits and Medical Insurance: During the entire term of this agreement, represented
employees will be covered by the Public Employees' Medical and Hospital Care Act
(PEMHCA) and will be eligible to participate in the CalPERS Health Program. The city will
pay on behalf of all employees covered by this agreement and their eligible dependents and
those retirees designated in Section 25.5 of this Article, the minimum amount per month
required under Government Code Section 22892 of the PEMHCA for medical insurance
through the California Public Employees' Retirement System (CalPERS). If electing to enroll
for medical benefits, the employee must select one medical plan from the variety of medical
plans offered.
The city shall contribute monthly amounts ( called "Benefits Credits") on behalf of each active
employee and eligible dependents toward the payment of medical premiums under the
CalPERS Health Program. The city contribution shall be based on the employee's medical
2
Dec. 7,2021 Item #3 Page 7 of 34
DocuSign Envelope ID: BD3F36D4-A77A-4401-BFF7-417844C7682B
Attachment A
coverage level and shall include the mandatory payments to CalPERS. If the actual total
premiums exceed the city's total contributions, the employee will pay the difference.
Waiver Provision: CPOA-represented employees who do not wish to participate in the
CalPERS Health Program will have the choice of waiving the city's medical insurance
program, provided they can show that they are covered under another group insurance program
The benefits credits associated with waiving medical coverage will be set equal to 50% of the
benefit credits associated with Employee Only medical coverage level. 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.
Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical
insurance purchased by the employee, the employee will have the option of using any "excess
credits" to purchase city-sponsored dental insurance, vision insurance, accidental death and
dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible
spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and
reported as taxable income and included in the calculation of the regular rate of pay under the
FLSA.
The Benefits Credits for calendar year 2019 shall increase as shown in the table below. To
provide CPOA represented employees with the value of the increase in 2019 Benefits Credits,
with the payroll for the first full pay period after ratification of this Memorandum by the City
Council, the city shall make a one-time taxable (non-PERSable) cash payment equal to the
increase in benefits credits for CPOA members employed by the city on that date. The increase:
in Benefits Credits shall be given to each employee based on the employee's medical coverage
level in the pay period in which the cash amount is paid and pro-rated based on the employee's
benefit-eligibility date (i.e., the date they became eligible for city benefits). Employees hired
during subsequent pay periods in calendar year 2019 shall receive a cash payment for this
increase in Benefits Credits in the pay period in which they become benefit-eligible.
Medical Prior Monthly 2019 Monthly Monthly
Coverage Level Benefits Credits Benefits Credits Increase
Employee $573.00 $577.00 $4.00
Employee+ 1 $1,146.00 $1,158.00 $12.00
Family $1,502.00 $1,528.00 $26.00
Waive Medical $286.50 $416.68 $130.18
Effective the pay periods that include 1/1/2020, 1/1/2021 and 12/31{2021 the city monthly
benefit credits associated with each medical coverage level will be set to dollar amounts that
equate to 80% of the average health (medical, dental and vision) premium for Employee,
Employee Plus One and Family coverage levels, rounded to.the nearest whole dollar based on
the premiums that will take effect on January 1 of the respective calendar year.
3
Dec. 7,2021 Item #3 Page 8 of 34
DocuSign Envelope ID: DCBDF2B5-217C-4E83-9B76-92E42967DF8E
SIDE LETTER AGREEMENT
BETWEEN THE
THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
AND
THE CITY OF CARLSBAD
RELATING TO FLSA OVERTIME
Attachment B
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 the CPMA are collectively referred to herein as the "Parties."
Background and Overview
This Agreement relates to modifications to the city's payment of Fair Labor Standards Act
("FLSA") overtime for unused benefit credits received as taxable income in accordance with
Flores v. San Gabriel (2016) 824 F.3d 890. Pursuant to the Flores decision, the city began
including unused benefit credits received as taxable income into the regular rate of pay for
FLSA overtime on October 7, 2019. The amendments to the MOU set forth below conform
with this decision and the FLSA.
This Agreement also relates to modifications to the city's payment ofFLSA compensatory time.
The FLSA requires that payments of unused compensatory time are paid at the regular rate.
The city intends to change its method of paying for compensatory time according to FLSA
following the 2021 calendar year cashout of unused compensatory time. The amendments to
the MOU set forth below conform with this DOL Final Rule and the FLSA.
The specific provisions contained in this Agreement are intended to supersede any previous
agreements, whether oral or written, regarding the matters contained in this Agreement.
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.
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. This Agreement
will become effective the first day of the first full pay period following Council approval in
open session.
The Parties mutually agree to replace Articles 12 and 18 in their entirety with the following:
ARTICLE 12. OVERTIME
12.1 Overtime Pay: Lieutenants shall be entitled to overtime compensation for all time
worked ( or regarded as having been worked because the employee is on an approved paid
leave) in excess of the employee's regularly scheduled work day and/or in excess of
eighty (80) hours per fourteen (14) day work period. The regular rate of pay shall be
calculated in conformance with the FLSA.
1
Dec. 7, 2021 Item #3 Page 10 of 34
DocuSign Envelope ID: DCB0F285-217C-4E83-9876-92E42967DF8E
Attachment B
12.2 Comp. Time Option: Lieutenants shall have the option (with the exception of"Pay Only
Details") of earning compensatory time off hours at the rate of 1.5 hours per overtime
hour worked in lieu of cash, subject to a maximum accumulation of one hundred and fifty
(150) hours of compensatory time off. The Lieutenant will be paid out the FLSA
overtime premium at the regular rate of pay when compensatory time is selected. For
every hour of overtime worked, 1.5 hours will be added to the comp time bank, if
selected. When a Lieutenant has accumulated the maximum number of hours of
compensatory time off, he/she shall receive all overtime compensation in cash until such
time as the Lieutenant's compensatory time off bank is no longer at the maximum.
12.3 Comp. Time Exception: Special details where the city is reimbursed for employees'
. compensation from an outside entity shall be for pay only. Lieutenants volunteering for
such details are not eligible for compensatory time off in lieu of cash.
ARTICLE 18. FLEXIBLE BENEFITS PROGRAM
18.1 Employees represented by the CPMA will participate in a flexible benefits program that
includes medical insurance, dental insurance, vision insurance, AD&D insurance and
flexible spending accounts (FSAs). Each of these components is outlined below.
18.2 Benefits Credits and Medical Insurance: During the entire term of this agreement,
represented employees will be covered by the Public Employees' Medical and Hospital
Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program.
The city will pay on behalf of all employees covered by this agreement and their eligible
dependents and those retirees designated in Section 18.6 of this Article, the minimum
amount per month required under Government Code Section 22892 of the PEMHCA for
medical insurance through the California Public Employees' Retirement System
(CalPERS). If electing to enroll for medical benefits, the employee must select one
medical plan from the variety of medical plans offered.
The city shall contribute monthly amounts ( called "Benefits Credits") on behalf of each
active employee and eligible dependents toward the payment of medical premiums under
the CalPERS Health Program. The city contribution shall be based on the employee's
medical coverage level and shall include the mandatory payments to CalPERS. If the
actual total premiums exceed the city's total contributions, the employee will pay the
difference.
Waiver Provision: CPMA-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. The benefits credits associated with waiving medical coverage will be set equal
to 50% of the benefit credits associated with Employee Only medical coverage level. 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
2
Dec. 7,2021 Item #3 Page 11 of 34
DocuSign Envelope ID: DCB0F2B5-217C-4E83-9B76-92E42967DF8E
Attachment B
credits associated with waiving medical coverage will be set equal to one dollar ($1)
above the unused benefit credits associated with that medical plan.
Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the
medical insurance purchased by the employee, the employee will have the option of using
any "excess credits" to purchase city-sponsored dental insurance, vision insurance,
accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare
or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid
to the employee in cash and reported as taxable income and included in the calculation of
the regular rate of pay under the FLSA.
The Benefits Credits for calendar year 2019 shall increase as shown in the table below.
To provide CPMA represented employees with the value of the increase in 2019 Benefits
Credits, with the payroll for the first full pay period after ratification of this
Memorandum by the City Council, the city shall make a one-time taxable (non-
PERSable) cash payment equal to the increase in benefits credits for CPMA members
employed by the city on that date. The increase in Benefits Credits shall be given to each
employee based on the employee's medical cove~age level in the pay period in which the
cash amount is paid and pro-rated based on the employee's benefit-eligibility date (i.e.,
the date they became eligible for city benefits). Employees hired during subsequent pay
periods in calendar year 2019 shall receive a cash payment for this increase in Benefits
Credits in the pay period in which they become benefit-eligible.
Medical Prior Monthly 2019 Monthly Monthly
Coverage Level Benefits Credits Benefits Credits Increase
Employee $573.00 $577.00 $4.00
Employee+ 1 $1,146.00 $1,158.00 $12.00
Family $1,502.00 $1,528.00 $26.00
Waive Medical $286.50 $416.68 $130.18
Effective the pay periods that include 1/1/2020, 1/1/2021 and 12/31/2021 the city
monthly benefit credits associated with each medical coverage level will be set to dollar
amounts that equate to 80% of the average health (medical, dental and vision) premium
for Employee, Employee Plus One and Family coverage levels, rounded to the nearest
whole dollar based on the premiums that will take effect on January 1 of the respective
calendar year.
18.3 Dental Insurance
CPMA employees may choose to enroll in or opt out of the city-sponsored dental
insurance plan at any coverage level.
18.4 Vision Insurance
CPMA employees may choose to enroll in or opt out of the city-sponsored vision
insurance plan at any coverage level.
3
Dec. 7,2021 Item #3 Page 12 of 34
DocuSign Envelope ID: B72B0C97-59BB-4D0B-ABE7-BF52194307AA
SIDE LETTER AGREEMENT
BETWEEN THE
THE CARLSBAD. CITY EMPLOYEES' ASSOCIATION
AND
THE CITY OF CARLSBAD
RELATING TO FLSA OVERTIME
Attachment C
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 1, 2021 and terminating on
December 31, 2022. The city and the CCEA are collectively referred to herein as the "Parties."
Background and Overview
This Agreement relates to modifications to the city's payment of Fair Labor Standards Act
("FLSA") ove1iime for unused benefit credits received as taxable income in accordance with
Flores v. San Gabriel (2016) 824 F.3d 890. Pursuant to the Flores decision, the city began
including unused benefit credits received as taxable income into the regular rate of pay for
FLSA overtime on October 7, 2019. The amendments to the MOU set forth below conform
with this decision and the FLSA.
This Agreement also relates to modifications to the city's payment ofFLSA compensatory time.
The FLSA requires that payments of unused compensatory time are paid at the regular rate.
The city intends to change its method of paying for compensatory time according to FLSA
following the 2021 calendar year cashout of unused compensatory time. The amendments to
the MOU set forth below conform with this DOL Final Rule and the FLSA.
The specific provisions contained in this Agreement are intended to supersede any previous
agreements, whether oral or written, regarding the matters contained in this Agreement.
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.
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. This Agreement
will become effective the first day of the first full pay period following Council approval in
open session.
The Parties mutually agree to replace Articles 14 and 34 in their entirety with the following:
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.
1
Dec. 7, 2021 Item #3 Page 14 of 34
DocuSign Envelope ID: B72B0C97-59BB-4D0B-A8E7-BF52194307AA
, Attachment C
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)
3.
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
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.m. to Sunday at 11 :59 p.m.
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.
Coming 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) ~fthree (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).
2
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DocuSign Envelope ID: B72B0C97-59BB-4D0B-A8E7-BF52194307AA
4.
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
Attachment C
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
thirty (30) minute period, the employee shall be credited for a minimum of thirty (30)
minutes work. '
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. The employee will be
paid out the overtime premium at the regular rate of pay when compensation time is
earned. No employee shall accrue more than eighty (80) hours of such compensatory
time. When an employee has accumulated the maximum number of hours of
compensatory time off he/she shall receive all overtime compensation in cash.
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.
Effective January 1, 2020, all accrued and unused compensatory time during the calendar
year will be cashed out on the last pay date of the calendar year. No compensatory time
may be accrued beginning on the last pay period of the calendar year through the end of
the calendar year. At any time an employee may elect to "cash out" any portion of
his/her accrued compensatory time balance at his/her base 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,
3
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DocuSign Envelope ID: B72B0C97-59BB-4D0B-A8E7-BF52194307AA
. 6.
7.
8.
9.
Attachment C
explicit verbal authorization must be obtained. Calls for service beyond the end of duty
time are considered as authorized.
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.
Training Time
Training time outside normally scheduled work hours shall be compensated pursuant to
Code of Federal Regulations (CPR), Section 785.27, et seq.
Travel time outside normally scheduled work hours shall be compensated pursuant to
CPR 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.
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.
Court Pay
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DocuSign Envelope ID: B72B0C97-59BB-4D0B-A8E7-BF52194307AA
)
I
10.
Attachment C
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.
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
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.
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DocuSign Envelope ID: B72B0C97-59BB-4D08-A8E7-BF52194307AA
Attachment C
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
Al. 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. The City will contribute 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).
A2. Effective the pay period that includes January 1, 2021 and January 1, 2022, the City
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.
Effective the pay period that includes December 31, 2022, 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, 2023.
A3. Unused Benefits Credits as outlined above will be paid to the employee in cash and
reported as taxable income and included in the calculation of the regular rate of pay under
the FLSA. 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.
A4. All active CCEA-represented employees who work three quarter-time or less will receive
prorated Benefits Credits.
B. Dental Insurance
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DocuSign Envelope ID: B72B0C97-59BB-4D0B-A8E7-BF52194307AA
Attachment C
Represented employees will be eligible to enroll in or waive enrollment in a City-
sponsored dental plan at any coverage level.
C. Vision Insurance
Represented employees will be eligible to enroll in or waive enrollment 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 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.
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.
The dollar amount paid by the City for employees who elect the waiver provision will
change in the first pay period of calendar year 2021, 2022 and in the pay period that
includes December 31, 2022. 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 and included in the calculation of the regular rate of pay under
the FLSA.
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Dec. 7,2021 Item #3 Page 20 of 34