HomeMy WebLinkAbout2022-06-07; City Council; Resolution 2022-126Exhibit 1
RESOLUTION NO. 2022-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS'
ASSOCIATION AND THE CPOA HOURLY SALARY SCHEDULE
WHEREAS, representatives of the City of Carlsbad and the Carlsbad Police Officers' Association
have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act (Cal. Gov. Code,
§§ 3500-3511) regarding wages and other terms and conditions of employment; and
WHEREAS, representatives of the City of Carlsbad and the Carlsbad Police Officers' Association
signed a total tentative agreement for a successor Memorandum of Understanding {MOU) on May 13,
2022;and
WHEREAS, the Carlsbad Police Officers' Association voted in favor of ratifying the total tentative
agreement for a successor MOU on May 16, 2022; and
WHEREAS, representatives of the City of Carlsbad and the Carlsbad Police Officers' Association
desire to submit the total tentative agreement for a successor MOU 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
the agreement in the form of an MOU, contained in Attachment A of this resolution, and a revised
salary schedule, contained in Attachment B of this resolution, and incorporated by reference.
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.The MOU with the Carlsbad Police Officers' Association (Attachment A) is approved
and the City Manager is authorized to execute it on behalf of the city.
3.The CPOA Salary Schedule (Attachment B) is approved.
4.The Deputy City Manager, Administrative Services, is authorized to transfer $290,000
from the identified mid-year budget savings in the Miscellaneous non-departmental
budget to the Police Department.
June 7, 2022 Item #5 Page 4 of 114
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of June, 2022, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
f!tG fr FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
June 7, 2022 Item #5 Page 5 of 114
Attachment A
i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE OFFICERS’ ASSOCIATION
Term: January 1, 2022 - December 31, 2024
TABLE OF CONTENTS
Preamble Page 1
Article 1 Implementation Page 1
Article 2 Term and Renegotiation Page 1
Article 3 Retention of Benefits Page 1
Article 4 Authorized Agents Page 2
Article 5 Recognition Page 2
Article 6 Savings Clause Page 2
Article 7 Nondiscrimination Clause Page 2
Article 8 Compensation Adjustments Page 3
Article 9 Management Rights Page 3
Article 10 Grievance Procedure Page 4
Article 11 Stand-By Page 9
Article 12 Bilingual Pay Page 9
Article 13 Basic Work Week/Work Day Page 10
Article 14 Court and Hearings Page 12
Article 15 Sick Leave/Bereavement Leave Page 13
Article 16 Association Rights Page 14
Article 17 Overtime Page 17
Article 18 Call Back Page 18
Article 19 Seniority Page 19
Article 20 Legal Representation Page 20
Article 21 Peaceful Performance of City Services Page 20
Article 22 Discipline of an Employee Page 21
Article 23 Probationary Period Page 23
Article 24 Retirement Benefits Page 23
Article 25 Flexible Benefits Program Page 24
Article 26 Uniform Reimbursement Page 26
Article 27 Educational Incentive Page 26
Article 28 Field Training Officer Page 28
Article 29 Vehicles Page 28
Article 30 Short-Term and Long-Term Disability Page 28
Article 31 Leave of Absence Page 29
Article 32 Disability Retirement Page 31
Article 33 Vacation Page 31
Article 34 Holidays Page 34
Article 35 Salary/Anniversary Date on Promotion Page 35
Article 36 Alcohol and Drug Policy Page 35
Article 37 Employer Searches Page 43
Article 38 Flexible Job Sharing Page 44
Article 39 Deferred Compensation Loan Provision Page 44
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 6 of 114
ii
Article 40 Life/Accidental Death & Dismemberment
Insurance and Voluntary Benefits Page 44
Article 41 Re-opener Page 44
Article 42 Acting Pay Page 45
Article 43 Flexible Classifications Page 46
Article 44 Jury Duty Page 46
Article 45 Shift Differential Page 47
Article 46 Special Study Page 47
Article 47 Paid Family Leave Page 47
Article 48 SWAT Hazard Pay Page 47
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 7 of 114
1
MEMORANDUM OF UNDERSTANDING
This memorandum of Understanding is made and entered into as of the date of formal approval
hereof by the City Council of the City of Carlsbad, by and between designated management
representatives of the City of Carlsbad (hereinafter referred to as the “city”) and the designated
representatives of the Carlsbad Police Officers’ Association (hereinafter referred to as “CPOA”).
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as
“Memorandum”) to promote and provide for harmonious relations, cooperation and
understanding between the city management representatives and the local safety police
employees covered under this Memorandum; to provide an orderly and equitable means of
resolving any misunderstandings or differences which may arise under this Memorandum; and to
set forth the agreement of the parties reached as a result of good faith negotiations regarding
wages, hours and other terms and conditions of employment of the employees covered under this
Memorandum, which agreement the parties intend jointly to submit and recommend for City
Council approval and implementation.
ARTICLE 1. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City
Council following ratification of the Memorandum by the membership of CPOA. It is agreed
that the city will act in a timely manner to make the changes in city ordinances, resolutions,
rules, policies and procedures and those of the Police Department necessary to implement this
Memorandum.
ARTICLE 2. TERM AND RENEGOTIATION
2.1 The term of this Memorandum shall commence on January 1, 2022, and shall continue
until December 31, 2024.
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written
proposals. The parties will hold the first meeting in July 2024.
ARTICLE 3. RETENTION OF BENEFITS
Existing benefits contained in this Memorandum shall not be changed during the term of this
agreement without the mutual consent of the parties hereto. Existing benefits not set forth in this
Memorandum which fall within the scope of representation shall not be changed by the city
without advance notice and an opportunity to meet and confer regarding such change. The
parties recognize and accept the concept of past practices as to matters within the scope of
representation and agree to meet and confer regarding a proposed change in any such practices.
The city shall not propose any such changes unless required to do so for operational or
organizational reasons.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 8 of 114
2
Notwithstanding the foregoing, during the term of this agreement, neither party will compel the
other to meet and confer over any mandatory subject of bargaining.
ARTICLE 4. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum:
4.1 City’s principal authorized agent shall be the City Manager or a duly authorized
representative [Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone: (760) 434-2821] except where a particular representative is specifically
designated in connection with the performance of a specific function or obligation set
forth herein.
Throughout this document, any reference to the Police Chief or designee is understood to
mean authorization from the City Manager who delegates authority to the Police Chief or
designee to implement the provisions of this document.
4.2 CPOA’s principal authorized agent shall be its President or duly authorized
representative [Address: 300 Carlsbad Village Dr Suite 108A #191, Carlsbad, California
92008; Telephone: (760) 683-8765] and Bobbitt Pinckard & Fields, [Address: 8388
Vickers St. San Diego, California 92111-2109; Telephone (858) 467-1199].
ARTICLE 5. RECOGNITION
The city recognizes CPOA as the majority representation of the bargaining unit that includes the
classifications as listed in the attached salary schedule.
ARTICLE 6. SAVINGS CLAUSE
6.1 If any articles of this Memorandum should be found invalid, unlawful or unenforceable
by reason of existing or subsequent enacted legislation or by judicial authority, all other
articles and sections of this Memorandum shall remain in full force and effect for the
duration of this Memorandum.
6.2 In the event of invalidation of any article or section, the extinguished benefit shall be
replaced by a substitute benefit of comparable value. The city and the Association shall
meet within 30 days following the invalidation for the purpose of determining the
specific nature and form of the replacement benefit.
ARTICLE 7. NONDISCRIMINATION CLAUSE
Neither city nor CPOA shall interfere with, intimidate, restrain, coerce, or discriminate against
employees covered by this Memorandum because of exercise of rights to engage or not engage
in CPOA activity or because of the exercise of any right provided to the employees by this
Memorandum.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 9 of 114
3
ARTICLE 8. COMPENSATION ADJUSTMENTS
Effective January 1, 2022, all CPOA-represented employees active on payroll shall receive a
base salary increase depending on their job classification as shown below.
Police Officer, Police Corporal & Police Recruit 4.0%
Police Sergeant 3.8%
All other classifications
Effective upon the first full pay period after ratification of this MOU,
employees in these classifications will also receive a non-persable stipend
equal to 0.5% of an employee’s annual salary as of Jan. 1, 2022.
2.0%
Effective January 1, 2023, all CPOA-represented employees active on payroll shall receive a
base salary increase depending on their job classification as shown below.
Police Officer, Police Corporal & Police Recruit 4.0%
Police Sergeant 3.6%
All other classifications 2.0%
Effective January 1, 2024, all CPOA-represented employees active on payroll shall receive a
base salary increase depending on their job classification as shown below.
Police Officer, Police Corporal & Police Recruit 4.0%
Police Sergeant 3.6%
All other classifications 2.0%
ARTICLE 9. MANAGEMENT RIGHTS
The rights of the city include, but are not limited to, the exclusive right: to determine the mission
of its major service areas, departments, commissions, and boards; to set standards of service; to
determine procedures and standards of selection for employment and promotion; to direct its
employees; to take disciplinary action; to relieve employees from duty because of lack of work
or other legitimate reasons; to transfer employees among various department activities and work
groups; to maintain the efficiency of city operations; to determine the methods, means and
personnel by which city operations are to be conducted; to determine the contents of job
classifications; to take all necessary actions to carry out its mission in emergencies; and to
exercise complete control and discretion over its organization and the technology for performing
its work. Nothing in this Memorandum shall require the city to meet and confer over the
exercise of its management rights, however, in so doing, the city shall comply with all applicable
provisions of this Memorandum.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 10 of 114
4
ARTICLE 10. GRIEVANCE PROCEDURE
10.1 Purpose. The purpose and objectives of the grievance procedure are:
10.1.1 To promote improved employer-employee relations by establishing
grievance procedures on matters for which an appeal or hearing is not
provided by other regulations.
10.1.2 To assure fair and equitable treatment of all employees and promote
harmonious relations among employees, supervisors, and
management.
10.1.3 To encourage the settlement of disagreements informally at the
employee-supervisor level and provide an orderly procedure to handle
grievances throughout the several supervisory levels where necessary.
10.1.4 To provide that appeals shall be conducted as informally as possible.
10.1.5 To resolve grievances as quickly as possible and correct, if possible,
the cause of grievances, thereby reducing the number of grievances
and future similar complaints.
10.1.6 This grievance procedure is applicable to all employee classifications
represented by the CPOA in the Police Department of the City of
Carlsbad.
10.2 Definitions. For the purpose of this grievance procedure the following definitions
shall apply.
10.2.1 City Manager: The City Manager.
10.2.2 Assistant City Manager: An Assistant City Manager.
10.2.3 Department: An office, department, or institution of the city.
10.2.4 Department Head or Head of a Department: The chief executive
officer of a department.
10.2.5 Employee or City Employee: Any officer or employee of the city,
except an elected official.
10.2.6 Employee Representative: An individual who appears on behalf of the
employee.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 11 of 114
5
10.2.7 Grievance: A complaint of an employee or a group of employees
arising out of an application or interpretation of existing rules,
regulations, or policies which come under the control of a Department
Head.
10.2.8 Immediate Supervisor: The individual who assigns, reviews, or directs
the work of an employee.
10.2.9 Interested Party: An individual having pertinent and/or immediate
knowledge of the circumstances out of which the grievance arose.
10.2.10 Supervisor: The individual to whom an immediate supervisor reports.
10.3 Reviewable and Non-Reviewable Grievances
10.3.1 To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred.
(b) Result from an act or omission by management regarding
working conditions or other matters over which the head of the
department has control.
(c) Arise out of a specific situation, act, or acts considered to be
unfair which result in inequity or damage to the employee.
(d) Arise out of an interpretation and application of the
Memorandum or Personnel Rules and Regulations.
10.3.2 A grievance is not reviewable under this procedure:
(a) If it is a matter which would require a modification of a policy
established by City Council or by law;
(b) Is reviewable under some other administrative procedure
and/or rules of the City of Carlsbad (See, e.g., Article 22
hereunder), such as:
(1) Applications for changes in title, job classification, or
salary.
(2) Appeals from formal disciplinary proceeding.
(3) Appeals from work performance evaluations.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 12 of 114
6
10.4 Special Grievance Procedure Provisions: The following special provisions apply to the
grievance procedure.
10.4.1 Procedure for Presentation: In presenting a grievance, an employee
shall follow the sequence and the procedure outlined in Section 10.5 of
this procedure.
10.4.2 Prompt Presentation: The employee shall discuss the grievance with
an immediate supervisor promptly after (i.e., when grievant knew or
should have known) the act or omission of management caused the
grievance.
10.4.3 Prescribed Form: The written grievance shall be submitted on a form
prescribed by the Human Resources Director for this purpose.
10.4.4 Statement of Grievance: The grievance shall contain a statement of:
(a) The specific situation, act, or acts considered to be unfair and
the reasons why.
(b) The inequity or damage suffered by the employee.
(c) The relief sought.
10.4.5 Employee Representative: The employee may choose someone as a
representative at any step in the procedure. No person hearing a
grievance need recognize more than one representative for any one
time, unless the person so desires.
10.4.6 Interested Parties: There shall be no limit placed upon the number of
interested parties which may provide information during the hearing of
a grievance at any step of the grievance procedure.
10.4.7 Handled During Working Hours: Whenever possible, grievances will
be handled during the regularly scheduled working hours of the parties
involved.
10.4.8 Extension of Time: The time limits within which action must be taken
or a decision made as specified in this procedure may be extended by
mutual written consent of the parties involved. A statement of the
duration of such extension of time must be signed by both parties
involved at the step to be extended.
10.4.9 Consolidation of Grievances: If the grievance involves a group of
employees or if a number of employees file separate grievances on the
same matter, the grievances shall be handled as a single grievance.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 13 of 114
7
10.4.10 Settlement: Any grievance shall be considered settled at the
completion of any step if the grievant is satisfied or if the grievant does
not present the matter to a higher authority within the prescribed time.
10.4.11 Reprisal: The grievance procedure is intended to assure a grieving
employee the right to present a grievance without fear of disciplinary
action or reprisal, provided the provisions of the grievance procedure
are observed. Copies of grievance forms will not be placed in
employee personnel records but will be maintained in separate files in
the Human Resources Department.
10.5 Grievance Procedure Steps: The following procedure shall be followed by an employee
submitting a grievance for consideration and action.
10.5.1 Discussion With Supervisor: The employee shall discuss the grievance
with the employee’s immediate supervisor informally. Within seven
calendar days, the supervisor shall give a decision to the employee
verbally.
10.5.2 Step 1: If the employee and the supervisor cannot reach an agreement
to resolve the grievance, the employee may within seven calendar days
present the grievance in writing to the supervisor. The supervisor
shall memorialize the prior verbal decision on the grievance and
present the grievance to the next-level supervisor within seven
calendar days.
The next-level supervisor shall hear the grievance and shall give a
written decision to the employee within seven calendar days after
receiving the grievance. This portion of this step shall be repeated as
necessary until the next-level supervisor is a Police Captain.
10.5.3 Step 2: If the employee and the next-level supervisor cannot reach an
agreement to resolve the grievance, the employee may within seven
calendar days present the grievance in writing to the Police Chief. The
Police Chief shall hear the grievance and shall give the written
decision to the employee within seven calendar days after receiving the
grievance.
10.5.4 Step 3: If the employee and Police Chief cannot reach an agreement
as to the solution of the grievance, the employee may file a written
request with the Human Resources Director, within seven calendar
days, to have the grievance heard by a Hearing Officer via the process
described in Section 10.5.7. The Human Resources Director shall
present a copy of the grievance to the Assistant City Manager who
may conduct a meeting with the grievant and/or CPOA representatives
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 14 of 114
8
to identify and clarify disputed issues and attempt to resolve the
grievance prior to presentation of the grievance to the Hearing Officer.
10.5.5 Step 4: If the matter is not otherwise resolved, the Hearing Officer
shall, within 30 calendar days after receipt of the grievance, hear the
grievance and render an advisory opinion to the City Manager. The
City Manager shall, within 14 calendar days after receipt of the
advisory opinion, notify the employee of the final action.
10.5.6 Any of the above steps may be waived by mutual agreement of the
parties.
10.5.7 Hearing Officer. The employee or employee organization and the city
will attempt to develop a permanent list of five mutually acceptable
hearing officers. If the parties cannot mutually agree on the identity of
the hearing officer from this permanent list, they will alternately strike
names from the list of five using a strikeout procedure. The party
striking the first name will be determined by lot.
If a permanent list of five mutually acceptable hearing officers cannot
be developed, the parties agree that the advisory hearing will be
conducted before a hearing officer selected by the parties from a list of
seven hearing officers provided by the California State Mediation and
Conciliation Service. If the parties cannot mutually agree on the
identity of the hearing officer they will alternately strike names from
the list of seven using a strikeout procedure. The party striking the
first name will be determined by lot.
All administrative costs associated with the cost of a grievance and the
subsequent hearing; including the hearing officer, court reporter and
transcription costs, if any, will be shared equally between the city and
the Carlsbad Police Officers’ Association. In the case that the
Carlsbad Police Officers’ Association does not support the grievance
continuing to the advisory hearing by a Hearing Officer, all
administrative costs associated with the cost of a grievance and the
subsequent hearing; including the hearing officer, court reporter and
transcription costs, if any, will be shared equally between the city and
the employee.
The employee or employee organization will be responsible for the
cost of his or her own representation or attorney fees and preparation
of documents.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 15 of 114
----
9
ARTICLE 11. STAND-BY
11.1 Due to staff limitations, it may be necessary for the Police Chief to schedule employees
to be on stand-by to handle overtime work which may arise during other than the
employee’s normal working hours.
(a) Incident Stand-by is defined as time in which an employee (a duty detective,
detective sergeant or duty traffic investigator) is required, by the Police Chief or
designee, to remain at a place where the employee can reasonably expect to
respond and arrive at the Carlsbad Police Department within one hour.
Employees are expected to respond in a safe and expeditious manner taking only
the time necessary to arrive at the Carlsbad Police Department or other designated
location. Response delays caused by traffic conditions or other factors beyond the
employee’s control will not be considered a failure to respond within the
requirements of this article.
(b) Staffing Stand-by is defined as time in which an employee (generally the assigned
communications operator) is required, by the Police Chief or designee, to remain
available to respond to the Carlsbad Police Department.
11.2 Contact Responsibility: An employee assigned to stand-by shall maintain current contact
information, either telephone number and/or cell phone number, with the
communications center. The employee assigned to stand-by shall be immediately
available at the number(s) provided.
11.3 Compensation: Effective Jan. 1, 2022, an employee will be compensated for stand-by
time at the rate of $35 per 24 hours or fraction thereof. Employees on stand-by, called to
perform work, will be compensated for all actual hours worked in accordance with
overtime and call-back rules.
11.4 General Call Out: Certain special assignments, such as canine, investigations, field
evidence technicians and traffic are expected to respond to call-outs if they are available
but unless they are assigned to stand-by they are not required to maintain an available
status.
11.5 Sick Notification: If any employee is unable to fulfill any portion of their stand-by
assignment due to illness or other emergency, it is the employee’s responsibility to notify
their supervisor as soon as possible so that an alternate may be assigned.
ARTICLE 12. BILINGUAL PAY
Effective Jan. 1, 2022, the city will provide additional compensation to an employee, designated
by the Human Resources Department, in the amount of $50.00 per pay period for the
performance of bilingual skills. The determination of the number of persons/positions to be
designated as bilingual is at the sole discretion of the city.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 16 of 114
10
In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test
as determined and paid for by the city in the foreign language or American Sign Language
(ASL). Bilingual proficiency testing will occur during the employee’s regular work shift.
In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency
test every three years from the date they first become eligible.
This Article shall not be subject to the grievance procedure.
ARTICLE 13. BASIC WORK WEEK/WORK DAY
13.1 The official workweek for non-sworn employees who work a 9/80 schedule begins four
hours after the regularly scheduled starting time for their Friday shift and ends 168 hours
later (at four hours after the regularly scheduled starting time for their Friday shift).
13.2 The official workweek for non-sworn employees working any schedule other than a 9/80
schedule begins on Sunday at 12:00 a.m. and ends on the following Sunday at 12:00 a.m.
13.3 In accordance with section 7(k) of the Fair Labor Standards Act (FLSA), the official
work period for sworn employees begins on Sunday at 12:00 a.m. and ends 14 days later
at 12:00 a.m. Overtime shall be compensated in the manner prescribed by Article 17 of
this Memorandum.
13.4 References in the Memorandum to a 3/12 schedule refer to a schedule in which
employees work three 12-hour shifts during one of the workweeks in a two-week pay
period and three 12-hour shifts plus one 8-hour shift during the other workweek in the
pay period, for a total of 80 hours worked in the pay period. For employees who are not
covered by the 7(k) exemption contained in Article 13.3 of the Memorandum, hours
worked in excess of 40 in a workweek will be compensated in accordance with Article 17
of the Memorandum.
13.5 All unit members may be assigned to either a 3/12, 5/8, 4/10 or 9/80 work schedule. In
general, unit members assigned to patrol and dispatch shall work a 3/12 schedule.
13.6 Unit members assigned to motors shall be provided one hour of paid leave (at straight
time) each regularly scheduled work day for care and maintenance of the motor.
13.7 Unit members assigned as canine handlers shall work a weekly 3/12+4 schedule
consisting of three work days of twelve consecutive work hours plus one additional shift
consisting of four consecutive work hours per week. Unit members assigned as canine
handlers shall also be paid four hours of overtime each work week for care and
maintenance of the canine.
13.8 Deployments shall be six months in length and shifts shall be bid one month in advance
according to seniority.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 17 of 114
11
13.9 Patrol employees (police officers assigned to patrol, canine, traffic, community policing
and community service officers assigned to patrol and traffic) will be given two fifteen-
minute rest periods and one half-hour lunch break each workday without loss of pay.
13.10 Communications Operators/Supervisors – The Police Communication Center is a fluid
and ever changing environment and flexibility is paramount to efficient operations. To
achieve effective operations and meet changing needs in activity and staffing levels,
communication operators/supervisors are expected to remain flexible in their schedule in
regard to rest periods and meal breaks. The following break policy for communication
operators/supervisors is intended to balance the need for employee break time and the
need for operational flexibility. During the life of this agreement and to the extent this
agreement complies with state law, the provisions of (a) and (b) below shall be in effect:
(a) Breaks – Communications operators/supervisors are entitled to two 15 minute rest
periods and one 30 minute lunch break each workday without loss of pay. Due to
the unique needs of a 911 center, there may be times when communications
operators/supervisors will have to adjust break times or work through their breaks.
At an employee’s request and with supervisor approval, the break periods may be
combined into a one hour compensated break.
(b) Availability – Communications operators/supervisors are expected to be available
to resume their duties during their break time and, therefore, are compensated for
their breaks. When staffing and activity levels permit, communication
operators/supervisors are allowed to leave the premises. When on a break
communications operators/supervisors are subject to recall via cell phone, pager,
and/or police radio and will remain within a 15 minute recall response to the
Communications Center. Activities that may interfere with a communications
operator/supervisor’s ability to return to the Communications Center within 15
minutes should not be conducted during break time but should be accommodated
with other leave time such as comp. time or vacation time.
13.11 Effective the first day of the first full pay period following ratification of this MOU, with
the understanding that the needs of the department will sometimes require short notice,
reasonable efforts will be made to notify employees regarding a change to their regularly
assigned work schedule with as much advance notice as reasonably possible. If the
department does not provide 7 calendar days’ notice prior to the change to a regularly
assigned work schedule, and the employee does not choose to waive the notification
guideline, the employee shall be paid at 1.5 times their base pay rate for the first shift
worked on the new regularly assigned schedule.
Notwithstanding the above, this section does not modify the rights of the department to
require personnel to work a specific shift or assignment, or the responsibility of the
employee to comply with such an order. This provision is intended to provide affected
employees with prior notice of a regularly assigned work schedule change and to
compensate those who may not receive such notice.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 18 of 114
12
ARTICLE 14. COURT AND HEARINGS
14.1 Compensation: Off duty personnel who appear in court or at a hearing pursuant to an
official request from a legally constituted body regarding matters arising out of, or
associated with, their employment shall be compensated at a minimum of four hours per
day of overtime compensation. Actual time spent in court over the four hour minimum
on the same day is compensable overtime.
14.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing
appearance is contiguous with the commencement or end of the employee’s regularly
scheduled work shift. In that situation, the employee shall receive overtime
compensation at the following rate.
Any subpoena received with an appearance time of two hours prior to the commencement
of the employee’s work shift will receive two hours of overtime compensation.
Any subpoena received with an appearance time of one hour prior to the commencement
of the employee’s work shift will receive one hour of overtime compensation.
Officers who receive subpoenas for separate cases on the same day that overlap minimum
hour designations are entitled to contiguous time as opposed to separate three/four hour
minimums.
14.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing
are held over during the normal lunch break for further appearance after lunch, they shall
be entitled to credit for the lunch break as time worked.
14.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for
employee transportation. Mileage expenses will not be paid for appearances in court or
at a hearing when the court or hearing location is within a 20 mile radius of the Carlsbad
Police Department. If the court or hearing location is beyond a 20 mile radius of the
Carlsbad Police Department and a Carlsbad Police Department vehicle is not available,
the employee will receive reimbursement for mileage expenses to and from the court or
hearing location, or the round trip distance between the court or hearing location and the
Carlsbad Police Department, whichever is less. Employees shall be reimbursed for
mileage expenses as set out in Council Policy Statement of the City of Carlsbad titled
“Travel Policy” with an effective date of 12/14/99, including any subsequent changes to
this policy.
14.5 Phone Testimony: When off duty personnel provide court or hearing testimony via
telephone, the employee shall be compensated for the actual time of the telephone
testimony or a minimum of one hour of overtime compensation, which ever is greater.
14.6 District Attorney Conversation: When off duty personnel receive calls from District
Attorney personnel regarding criminal cases, employees will receive no compensation for
conversations lasting less than 10 minutes. Employees will receive overtime
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 19 of 114
13
compensation for the actual time of the conversation or a minimum of one hour,
whichever is greater, for conversations lasting 10 minutes or longer. Employees
receiving multiple calls within the same one hour period shall only receive one hour
compensation.
14.7 When a district attorney (DA) representative places an employee in an “on-call” or
“stand-by” status, the employee shall be compensated in accordance with Article 11-
Stand-by.
ARTICLE 15. SICK LEAVE/BEREAVEMENT LEAVE
For the purpose of this section, the term “family member” shall be defined as a spouse, domestic
partner, child, grandchild, member of immediate household, sibling, parent, or grandparent
whether biological, foster, step, adopted, or in-law. It also includes any person who has served
in place of a parent to the employee, or any person for whom the employee has served in place of
a parent. The term “child” means a biological, foster, or adopted child, a stepchild, a legal ward,
a child of a domestic partner, or a child of a person standing in loco parentis. The term “parent”
means a biological, foster, or adoptive parent, a stepparent, or a legal guardian.
Sick leave can be used in 15 minute increments.
15.1 Every CPOA-represented employee will accrue sick leave on a daily basis at the rate of
16 minutes for each continuous calendar day of service.
15.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid
out when an employee’s employment with the city ends.
15.3 Sick leave will be administered consistent with state and federal law and shall be allowed
for the following purposes:
1. Diagnosis, care or treatment of an existing health condition of, or preventative care for,
an employee or an employee’s family member (e.g., to recuperate from or receive
treatment for personal injuries or illnesses, to care for an injured or ill family member
or to attend medical, dental or optometry appointments).
2. If the employee is a victim of domestic violence, sexual assault, or stalking, for the
purposes described in California Labor Code Sections 230(c) and 230.1(a), including
obtaining relief (e.g., a restraining order), domestic violence services, or medical or
mental health treatment.
15.4 The employee may request to use paid sick leave either orally or in writing. If the need
for paid sick leave is foreseeable, the employee shall provide reasonable advance
notification. If the need for paid sick leave is unforeseeable, the employee shall provide
notice of the need for the leave as soon as practicable.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 20 of 114
14
If an employee separates from the city and is rehired by the city within one year from the
date of separation, the employee’s previously accrued and unused sick leave shall be
reinstated.
15.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time,
except as provided for in this article. The employee must account for all sick leave hours
requested via the city’s timekeeping system.
15.6 Absences covered by workers’ compensation law, the pregnancy disability provisions of
the California Fair Employment and Housing Act, the California Family Rights Act, and
the federal Family and Medical Leave Act will be administered according to
requirements of those laws.
15.7 Time off to take a physical examination for induction into or recall to active duty with the
Armed Forces will be handled in accordance with applicable state and federal law.
15.8 An employee making a blood donation without charge will be given reasonable time off
for that purpose. No charge will be made against the employee’s sick leave or vacation
when the absence is approved in advance by the employee’s supervisor.
15.9 During the first pay period of each fiscal year, any regular employee who has accrued and
maintains a minimum of 160 hours of sick leave will be permitted to convert up to 120
hours of accrued, unused sick leave to vacation at ratio of 24 hours of sick leave to eight
hours of vacation. However, an employee will not be permitted to convert sick leave to
vacation if the conversion would cause the employee to exceed the vacation accrual
maximum.
15.10 Any regular employee applying for retirement with the California Public Employees’
Retirement System may convert accrued and unused sick leave to service time at the rate
specified in California Government Code Section 20965.
15.11 In the event of the death of an employee’s family member, the employee may take the
equivalent of up to three shifts of paid time off for bereavement. Bereavement leave
must be taken within one year of the event. Additional time off may be authorized by the
Police Chief or designee and charged to any accrued leave or, when no accrued leave is
available, treated as leave without pay.
The employee may be required to submit proof of the family member’s death.
ARTICLE 16. ASSOCIATION RIGHTS
16.1 The city recognizes the right of the CPOA to govern its internal affairs.
16.2 The parties to this Memorandum fully support the concept of the Public Safety Officers’
Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 21 of 114
15
16.3 The CPOA will provide the city with information regarding the amount of dues
deductions and the list of CPOA member employees who have affirmatively consented to
or authorized dues deductions. The city shall deduct CPOA membership dues and any
other mutually agreed upon payroll deductions, to the extent permitted by law, from the
bi-weekly pay of each member employee and remit the deducted dues to the CPOA as
soon as possible after the deduction.
The city agrees to direct each member employee to CPOA with regard to any questions
or concerns related to membership dues or any other mutually agreed payroll deduction,
to the extent permitted by law. CPOA is responsible for providing the city with timely
information regarding changes to member employees’ dues and any other lawful union-
related payroll deduction.
The city shall make payroll deductions in reliance on the Union’s certification certifying
that CPOA has and will maintain an authorization, signed by each member employee
who affirmatively consents to pay CPOA membership dues. The CPOA is responsible
for providing the city with timely information regarding changes to member employee’s
dues and any other lawful union-related payroll deduction.
The city shall continue to withhold such deductions and shall only cancel or modify any
membership dues or any other mutually agreed payroll deduction, to the extent permitted
by law, for any member employees in reliance on the information provided by CPOA.
The city shall not request CPOA to provide a copy of any member employees’
authorization unless a dispute arises about the existence or terms of the authorization.
The effective date of withholding, time of remitting withholdings to the CPOA, and all
procedural matters shall be determined in accordance with the Rules and Regulations of
the city.
Any dispute concerning the amount of the dues deductions is not subject to the grievance
procedures contained in a comprehensive MOU between the Parties. CPOA will
indemnify, defend, and hold harmless City, its officials, representatives, and agents from
and against any liability arising from any claims, demands, or other action relating to
City's compliance with this Article including any claims made by any member employees
for any deduction cancellation or modification the city made in reliance on the
information provided by the CPOA.
16.4 The CPOA shall provide and maintain with the city a current list of the names and all
authorized representatives of the CPOA. An authorized representative shall not enter any
work location without the consent of the Police Chief or designee. The Police Chief or
designee shall have the right to make arrangements for a contact location removed from
the work area of the employee.
16.5 The CPOA shall be allowed to designate employee representatives to assist employees in:
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 22 of 114
16
16.5.1 Preparing and processing grievances;
16.5.2 Preparing and presenting material for Disciplinary Appeals hearings;
16.5.3 Preparing and presenting material for any matter for which
representation is granted pursuant to the provisions of California
Government Code Sections 3300, et seq., known as the Public Safety
Officers’ Procedure Bill of Rights Act.
16.6 The CPOA may designate one employee representative to assist an employee in
preparing and presenting materials for the above-listed procedures. The employee
representative so designated shall be allowed reasonable release time from regularly
scheduled duties for the purpose of investigating and preparing materials for such
procedures. Employee representatives who investigate, prepare or present materials
during off-duty time shall do so on their own time. Employee representatives and
employees who attend Personnel Board or City Council hearings during the off-duty time
shall do so on their own time; providing, however, that employees who are ordered or
subpoenaed to attend such hearings shall be compensated in accordance with the
overtime provisions of this Memorandum.
16.7 Designated employee representatives shall be allowed reasonable release time from
regularly scheduled duties to attend meetings relative to other matters of employer-
employee relations. If a police department manager schedules a work meeting to
accomplish police department business and invites employee representatives to that
meeting, the employee representatives who attend the meeting will be paid for the time
worked. If the meeting occurs outside of the employee’s regularly scheduled work shift,
the employee shall receive a minimum of two hours of appropriate overtime
compensation.
16.8 Designated employee representatives requesting time off under this Article shall direct
such request to their immediate supervisors in writing within a reasonable time period to
the date requested, in order to assure that the Department meets its staffing needs and to
assure sufficient coverage of departmental assignments.
16.9 The city will continue to furnish bulletin board space in the Police Department for the
exclusive use of the CPOA. Material placed on the bulletin boards shall be at the
discretion of the CPOA and shall be removed by management only in the event the
material is obviously offensive to good taste or defamatory, and shall be removed only on
prior notification to a CPOA representative. The CPOA shall be responsible for
maintaining bulletin boards exclusively used by the CPOA in an orderly condition and
shall promptly remove outdated materials.
16.10 Use of City Facilities
16.10.1 The CPOA may, with the prior approval of the City Manager, be
granted the use of the city facilities for off-duty meetings of the Police
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 23 of 114
17
Department employees, provided space is available. All such requests
will be in writing to the City Manager.
16.10.2 The CPOA may, with the prior approval of the Police Chief, be
granted the use of Police facilities for off-duty meetings of the Police
Department employees, provided space is available. All such requests
will be in writing to the Police Chief. In the event the Police Chief
denies use of Police Department facilities, an appeal can be made to
the City Manager.
16.10.3 The use of city equipment other than items normally used in the
conduct of business meetings, such as desks, chairs and blackboards, is
strictly prohibited, the presence of such equipment in approved city
facilities notwithstanding.
ARTICLE 17. OVERTIME
The city will continue to use a 14-day work cycle for sworn employees under the 7k
exemption in the FLSA as outlined in this article. The “work period” shall be 14 days in
length. Based on the FLSA 7(k) guidelines, hours worked in excess of 86 in the 14-day
work period will be paid out as FLSA overtime hours. In addition, when 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
(except for non-scheduled call-back), and time spent conducting bona fide volunteer
activities.
Time worked shall continue to be computed by rounding to the nearest quarter of an hour.
In addition, any employee required to perform in excess of an employee’s normal
scheduled shift shall continue to receive overtime compensation.
For FLSA overtime, the regular rate of pay shall be calculated in conformance with the
FLSA.
17.1 Comp. Time Option: Each employee shall have the option (with the exception of "Pay
Only Details") of receiving compensatory time off in lieu of cash, subject to a maximum
accumulation of 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. When an employee has accumulated the maximum number of hours of
compensatory time off, the employee 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
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 24 of 114
18
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 the employee’s accrued
compensatory time balance at the employee’s base rate of pay by requesting this "cash
out" via the timekeeping system. 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 18. CALL BACK
18.1 Description: If an employee is required to return to his or her place of employment or
other work location directed by the employer at a time that is not part of the employee’s
regularly scheduled work shift, that employee shall receive appropriate overtime pay, as
described in Article 17, for the actual number of hours worked, subject to the following:
18.2 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for
training or firearms qualification, the employee shall receive a minimum of two hours of
appropriate overtime compensation. No travel time is provided for scheduled call backs.
18.3 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance (less than
24 hours’ notice), the employee shall receive a minimum of four hours of appropriate
overtime compensation.
18.4 Report Call Back Minimum: Employees are encouraged to complete reports prior to
scheduled days off. A supervisor must determine if the report can be “pended” until the
employee returns to regular scheduled work or if the report needs to be completed prior
to that time. The supervisor’s approved “pending completion date” will determine the
employee’s compensation for completing a “pended” report prior to the employee’s next
regularly scheduled duty as follows:
(a) Before Next Duty Day: If an employee “pends” a report needing to be completed
before the employee’s next scheduled duty day, the employee shall receive a
minimum of two hours of appropriate overtime compensation for returning to the
station and completing the report.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 25 of 114
19
(b) Next Duty Day: If an employee “pends” a report not needing to be completed
until the employee’s next scheduled duty day and it is later determined by a
supervisor the report needs to be completed before the employee’s next scheduled
duty day, the employee shall receive a minimum of four hours of appropriate
overtime compensation for returning to the station and completing the report.
Employees called back pursuant to this section are not eligible for travel time.
18.5 Travel Time: Travel time is included as part of the call back minimum compensation or
the call back overtime if the call back (travel time plus detail time) exceeds the approved
minimum guarantees. The maximum approved travel time is set as follows:
(a) Police Department: If the call back is to the Carlsbad Police Department or other
site within a 20 mile radius of the Carlsbad Police Department, the travel time is
capped at a maximum of one hour round trip.
(b) Other Site: If the call back is to a site outside of the 20 mile radius of the
Carlsbad Police Department, travel time shall be the actual amount of time
required to drive to the call back site and return to employee’s residence.
The following employees, who are required to return to his or her place of
employment or other work location directed by the employer at a time that is not
part of the employee's regularly scheduled work shift, are eligible for travel time:
(1) Employees who are called back for immediate service; (2) employees who are
in a 'stand-by' capacity as defined by Article 11.
18.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department
or to any site within a 20 mile radius of the Carlsbad Police Department will not be
compensated. If an employee is directed to a site beyond a 20 miles radius of the
Carlsbad Police Department, the employee will receive mileage reimbursement for
expenses to and from the directed site or the round trip distance between the directed site
and the Carlsbad Police Department, whichever is less.
18.7 Contiguous Time: These minimums shall not apply to situations where the call back is
contiguous with the commencement or end of the employee’s regularly scheduled work
shift. In that situation, the employee shall receive applicable overtime compensation for
all time actually worked beyond the regularly scheduled work shift.
ARTICLE 19. SENIORITY
19.1 The seniority of an employee is based on the number of calendar months of continuous
service in the Carlsbad Police Department. Within a rank, the seniority of an employee is
based on the number of calendar months of continuous service in the Carlsbad Police
Department in that rank.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 26 of 114
20
An employee promoted to a higher rank and later demoted back to the original rank shall
have seniority calculated for all time of continuous service in the higher rank and the
original rank combined.
19.2 If an employee voluntarily leaves the city’s employ or is dismissed for cause, the
employee will lose all seniority credited prior to then. Reemployment will not restore the
lost seniority. Instead, if an employee is reemployed, seniority will be based on the
reemployment date.
19.3 An employee laid off after completing probation and acquiring regular status will, after
reinstatement, regain the seniority credit the employee possessed at the time of layoff,
provided the reinstatement occurs within 24 months of the layoff.
19.4 Refer to Article 31.3 for information re: the impact of a leave of absence on seniority.
ARTICLE 20. LEGAL REPRESENTATION
20.1 Upon request of an employee and subject to any legal limitations, the city will provide for
the defense of the employee in any civil action or proceeding initiated against the
employee by a person or entity other than the city because of an act or omission occurring
within the course and scope of the employee’s employment.
20.2 Nothing in this Memorandum requires the city to provide for the defense of an employee
where: (a) the city has the discretion under the California Government Code not to
provide for a defense; (b) the act or omission was not within the course and scope of the
employee’s employment; (c) the act or omission was the result of the employee’s actual
fraud, corruption, or malice; or (d) providing for the defense would create a specific
conflict of interest between the city and the employee within the meaning of California
Government Code section 995.2.
20.3 Nothing in this Memorandum is intended to give an employee more rights or privileges
than those contained in the California Government Code.
ARTICLE 21. PEACEFUL PERFORMANCE OF CITY SERVICES
21.1 During the term of the Memorandum, the CPOA, its representatives, or members shall
not engage in, cause, instigate, encourage or condone a strike or work stoppage of any
kind against the City of Carlsbad.
21.2 During the term of the Memorandum, the city will not instigate a lockout over a dispute
with the employees.
21.3 As used in this section, “strike or work stoppage” means the concerted failure to report
for duty, the willful absence from one’s position, the stoppage of work, or the abstinence
in whole or in part from the full, faithful performance of the duties of employment for the
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 27 of 114
21
purpose of inducing, influencing or coercing a change in the conditions of compensation,
or the rights, privileges or obligations of employment.
ARTICLE 22. DISCIPLINE OF AN EMPLOYEE
22.1 The city may only discipline regular employees for just cause. In the case of disciplinary
action involving suspension, demotion or discharge, the employee shall be given notice
of the action to be taken, the evidence or materials upon which the action is based, and an
opportunity to respond to the Police Chief either orally or in writing, provided the
employee requests the opportunity within seven calendar days of the notice of the action.
The above process will occur prior to the imposition of the discipline.
22.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline
according to the appeal procedure as set out below. Written notice of discipline shall
inform and remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the city will attempt to
develop a permanent list of five mutually acceptable hearing officers. If a mutually
acceptable list cannot be developed, the parties agree that the advisory hearing will be
conducted before a hearing officer selected by the parties from a list provided by the
California State Mediation and Conciliation Service. If the parties cannot mutually agree
on the hearing officer they will use a strikeout procedure using a list of seven names
provided by the California State Mediation and Conciliation Service. The appellant will
have the prerogative of striking the first name.
The city will bear all administrative costs associated with an appeal of discipline and the
subsequent hearing including the hearing officer, court reporter and transcription costs, if
any.
The employee or employee organization will be responsible for the cost of his or her own
representation or attorney fees and preparation of documents.
22.3 Once discipline has been imposed, the Police Chief or an authorized designee shall
specify the period of time, from one to four years, that the discipline will remain in the
affected employee’s personnel records, unless a longer period is required by law. At the
end of the designated period of time, the disciplinary action shall be removed from the
employee’s personnel file. It is the responsibility of the employee to initiate a request for
removal of disciplinary action from the employee’s personnel file. The only permitted
use of the removed disciplinary action shall be in a later disciplinary proceeding where
there is an allegation of similar or cumulative activity or misconduct.
22.4 Nothing in this Memorandum shall be construed to require “cause” or “just cause” for the
rejection of a probationary employee prior to the expiration of the probationary period. A
probationary employee rejected during the probationary period shall not be entitled to
appeal such rejection to the Hearing Officer, but shall be entitled to an opportunity to
discuss the rejection with the Police Chief.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 28 of 114
22
22.5 Right of Appeal. Any regular employee shall, within seven calendar days, have the right
to appeal to the Hearing Officer any disciplinary action, interpretation or alleged
violation of the Personnel Ordinance or Personnel Rules, except in instances where the
right of appeal is specifically prohibited by the Personnel Ordinance or Personnel Rules,
or this Article.
22.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed
with the Human Resources Director, who shall, within 10 calendar days after receipt of
the appeal, inform the Hearing Officer of the action desired by the appellant and the
reasons why. The formality of a legal pleading is not required.
22.7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for
the hearing on the appeal not less than 10 calendar days nor more than 30 calendar days
from the date of filing, unless the parties mutually agree to a later hearing date. The
Human Resources Director shall notify all interested parties of the date, time, and place
of the hearing.
22.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before
the Hearing Officer at the time and place of the hearing. The appellant may be
represented at the hearing by any person or attorney the appellant selects and may
produce any relevant oral or documentary evidence. The city shall bear the burden of
proof; therefore, the city shall state its case first and, at the conclusion, the appellant may
then present evidence. Rebuttal matter not repetitive may be allowed in the discretion of
the Hearing Officer. Cross-examination of witnesses shall be permitted. The conduct
and decorum of the hearing shall be under the control of the Hearing Officer, with due
regard to the rights and privileges of the parties appearing before it. Hearings need not be
conducted according to technical rules relating to evidence and witnesses. Hearings will
be closed unless at least four business days prior to the hearing the appellant, in writing,
requests an open hearing. At the conclusion of the hearing, the hearing officer will make
a recommendation. If either party disagrees with the Hearing Officer’s recommendation,
that party may request, within 10 calendar days, to present their case to the City Council
before the City Council renders a final decision.
22.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the
conclusion of the hearing, certify the Hearing Officer’s findings and decisions in writing
to the City Council and to the appellant. The City Council shall review the findings and
recommendations of the Hearing Officer and may then affirm, revoke or modify the
action taken as, on its judgment, seems warranted, and the action taken shall be final.
The Hearing Officer may submit a minority or supplemental finding and
recommendation. In the case of suspension, discharge or demotion, the appointing power
shall reinstate an employee to the employee’s former status if the City Council
determines that the action was for discriminatory reasons.
22.10 Disiplinary appeal hearing. During any disciplinary appeal hearing, either party may file
a written motion with the City Clerk for the City of Carlsbad seeking authorization from
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 29 of 114
23
the City Council to pursue an interlocutory writ in court to challenge a ruling or action by
a hearing officer. The motion for authorization shall be heard in closed session, unless
waived by the appellant. Either party’s representative may make a statement to the City
Council on the issue of whether authorization to seek a writ is justified. During this
hearing on the motion for authorization to pursue a writ, neither party may discuss the
merits or the factual basis of the underlying administrative hearing with the City Council.
The parties should limit their discussion as to the ruling or action of the hearing officer
and why the matter warrants the pursuit of an interlocutory writ before the conclusion of
the disciplinary appeal hearing. The party appealing the discipline shall not be required
to seek authorization from the City Council in order to pursue an interlocutory writ in
court as to those issues in which the court has initial jurisdiction, including but not
limited to, claims of a violation of the Public Safety Officers Procedural Bill of Rights
Act.
ARTICLE 23. PROBATIONARY PERIOD
23.1 For sworn personnel, the initial hire probationary period shall be one year from the date
the employee is sworn as an officer. For non-sworn personnel, the initial hire
probationary period shall be one year from the date of hire. The probationary period will
permit both the supervisor and the employee to become acquainted and to determine the
adaptability and the fitness of the employee to the assigned work. The employee will
find this period helpful in evaluation of the city, the employee’s duties, work and other
satisfaction.
23.2 Refer to Article 31.3 for information re: the impact of a leave of absence on the
probationary period.
23.3 All personnel promoted within the Department shall be on probation in the promotional
position for a period of one year from the date of promotion.
ARTICLE 24. RETIREMENT BENEFITS
24.1 The city has contracted with CalPERS for the following retirement benefits:
Safety “Classic” Members (those that do not qualify as “New Members” as defined
below)
Employees entering City of Carlsbad safety CalPERS membership for the first
time prior to October 4, 2010 – The retirement formula shall be 3% @ 50; single
highest year final compensation.
Employees entering City of Carlsbad safety CalPERS membership for the first
time on or after October 4, 2010 – The retirement formula shall be 2% @ 50;
three year average final compensation.
Miscellaneous “Classic” Members (those that do not qualify as “New Members” as
defined below)
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 30 of 114
24
Employees entering City of Carlsbad miscellaneous CalPERS membership for the
first time prior to November 28, 2011 – The retirement formula shall be 3% @
60; single highest year final compensation.
Employees entering City of Carlsbad miscellaneous CalPERS membership for the
first time on or after November 28, 2011 – The retirement formula shall be 2% @
60; three year average final compensation.
“New Members”
Employees who are ”New Members” as defined by the California Public Employees’
Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after January 1,
2013 who has never been a CalPERS member or member of a reciprocal system or
who has had a break in CalPERS service of at least 6 months or more) will be subject
to all the applicable PEPRA provisions, which include, but are not limited to, the
following retirement benefits:
Safety– The retirement formula shall be 2.7% @ 57; three year average final
compensation.
Miscellaneous – The retirement formula shall be 2% @ 62; three year average
final compensation.
24.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of Section 414(h)(2) of the Internal Revenue Code.
Employees shall make the following employee retirement contributions through payroll
deductions:
Safety employees subject to the 3% @ 50 and 2% @ 50 benefit formula shall pay
all of the employee retirement contribution (9%).
Safety employees who meet the definition of “New Member” under PEPRA shall
pay the required PEPRA member contribution rate as established by CalPERS.
Miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of
the employee retirement contribution (8%).
Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of
the employee retirement contribution (7%).
Miscellaneous employees who meet the definition of “New Member” under
PEPRA shall pay the required PEPRA member contribution rate as established by
CalPERS.
24.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the city
will report the value of the EPMC as additional (special) compensation to CalPERS for all
CPOA represented employees designated as “classic members.”
ARTICLE 25 FLEXIBLE BENEFITS PROGRAM
25.1 Employees represented by the CPOA will participate in a flexible benefits program that
includes medical insurance, dental insurance, vision insurance, AD&D insurance and
flexible spending accounts (FSAs). Each of these components is outlined below.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 31 of 114
25
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 California Public
Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf
of all employees covered by this agreement and eligible dependents and those retirees
designated in Section 25.5 of this Article, the minimum amount per month required under
California Government Code Section 22892 for medical insurance through the CalPERS.
If electing to enroll for medical benefits, an 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.
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 2022 shall be equal to those shown in the table
below.
Medical Coverage
Level
2022 Monthly
Benefits Credits
Employee $659.00
Employee + 1 $1,316.00
Family $1,737.00
Waive Medical $329.50
Effective the pay periods that include January 1, 2023, January 1, 2024 and December 31,
2024 the city monthly benefit credits associated with each medical coverage level (except
waive medical) 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.
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 proof of coverage under another group insurance
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 32 of 114
26
program. Effective the pay period that includes January 1, 2023, the benefits credits
associated with waiving medical coverage will be set equal to $400 dollars per month.
25.3 Dental Insurance
CPOA employees may choose to enroll in or opt out of the city-sponsored dental
insurance plan at any coverage level.
25.4 Vision Insurance
CPOA employees may choose to enroll in or opt out of the city-sponsored vision
insurance plan at any coverage level.
25. 5 Retirees
Each retired employee who was a member of this bargaining unit is covered by the
PEMHCAand is eligible to participate in the 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
they are 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 California
Government Code Section 22892 toward the cost of each retiree’s enrollment in the
CalPERS Health Program. Direct authorization may be established for automatic
deduction of payments for health insurance administered by CalPERS.
Employees who retire from the city, either service or disability, shall be eligible to elect,
upon retirement, to participate in the city’s dental and/or vision insurance programs as a
retiree. The cost of such dental and/or vision insurance for the retiree and eligible
dependents shall be borne solely by the retiree. An individual who does not choose
coverage upon retirement, or who chooses coverage and later drops it is not eligible to
return to the city’s dental and vision insurance programs.
The city will invoice the retiree for the retiree’s monthly premiums for dental and/or vision
insurance and the retiree must keep such payments current to ensure continued coverage.
ARTICLE 26. UNIFORM REIMBURSEMENT
Effective upon the first day of the first full pay period following City Council approval of this
agreement, reimbursement to represented employees for the cost of purchasing and maintenance
of required uniforms shall be $34.62 per pay period. (Under PEPRA, this benefit is not reported
to CalPERS as special compensation for new members).
ARTICLE 27. EDUCATIONAL INCENTIVE
27.1 Educational Incentive Compensation.
Effective Jan. 1, 2022, eligibility for education incentive is as follows:
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 33 of 114
27
For Police Officers and Police Corporals who are eligible to obtain a certificate issued
by the State of California Commission on Peace Officer Standards and Training
(POST):
Level Eligibility Requirements Incentive Pay Amount
1 POST Basic Certificate $93 biweekly
2 POST Intermediate Certificate $232 biweekly
3 POST Advanced Certificate $324 biweekly
For Police Sergeants who are eligible to obtain a certificate issued by the State of
California Commission on Peace Officer Standards and Training (POST):
Level Eligibility Requirements Incentive Pay Amount
1 POST Basic Certificate $99 biweekly
2 POST Intermediate Certificate $248 biweekly
3 POST Advanced Certificate $347 biweekly
For non-sworn employees who are eligible to obtain a certificate issued by the State
of California Commission on Peace Officer Standards and Training (POST) or who
meet the education requirement outlined below:
Level Eligibility Requirements Incentive Pay Amount
1 POST Basic Certificate or High School diploma or
GED
$62 biweekly
2 POST Intermediate Certificate or Associate degree $152 biweekly
3 POST Advanced Certificate or Baccalaureate
degree
$218 biweekly
Eligibility for receiving the compensation will be based upon the date the employee
provides evidence of eligibility to the Professional Standards Division Sergeant, Carlsbad
Police Department. It is the sole responsibility of the employee to make notification of
eligibility for the education incentive pay.
27.2 An employee that meets the criteria for compensation under more than one level, above,
shall receive compensation for only the highest such level for which he or she qualifies.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 34 of 114
28
ARTICLE 28. FIELD TRAINING OFFICER
Effective upon the first day of the first full pay period after ratification of this MOU, field training
officers or civilian personnel who are assigned to train co-workers shall be compensated at the
rate of $40 for each work shift the employee is engaged in the training function. The selection of
field training officers or civilian personnel who are assigned to train co-workers shall be at the
sole discretion of the Police Chief.
ARTICLE 29. VEHICLES
Police Sergeants, Police Corporals and Police Officers who are certified and able to deploy as a
solo, full-duty, peace officer shall be assigned a designated vehicle and shall be entitled to use
the vehicle on each duty shift and take the vehicle to their residence in accordance with
department policy. Assignment of a designated vehicle is expressly conditioned on the
availability of vehicles.
ARTICLE 30. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE
Short-Term Disability
Effective January 1, 2020, the city will provide represented employees with city-paid short-term
disability insurance via an insurance provider. The insurance shall provide for a seven 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
The city will provide employees with city-paid long term disability insurance. Prior to January
1, 2020, the insurance shall provide for a 30 calendar day waiting period prior to payment
eligibility and the long-term disability benefits shall be provided at 60% of the employee's pre-
disability base salary, up to a maximum base salary of $100,000. Effective January 1, 2020, the
waiting period prior to payment eligibility shall be 90 calendar days and the long-term disability
benefits shall be provided at 66 2/3% of the employee's predisability 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 allowable types of accrued paid
time off 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.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 35 of 114
29
ARTICLE 31. LEAVE OF ABSENCE
31.1 Occupational Injuries or Illnesses
31.1.1 A sworn employee who is temporarily unable to work due to an
occupational illness or injury will receive full pay for up to one year as
provided in Section 4850 of the Labor Code (“4850 benefits”). The
employee may not receive 4850 benefits concurrently with sick leave or
any other form of paid time off.
If the employee continues to be unable to work after the employee’s 4850
benefits have been exhausted and the employee has not been retired, the
employee will receive workers’ compensation temporary disability
payments as provided in the Labor Code. To the extent these benefits are
less than the employee’s full regular pay, the employee shall supplement
them by using accrued sick leave, vacation, and/or compensatory time to
reach the amount equal to the employee’s full regular pay until the
employee’s leave balances reach zero, at which time the employee would
commence an unpaid leave of absence (i.e., the employee would not
receive a city paycheck).
A sworn employee shall not use accrued sick leave after the city approves
the employee’s Industrial Disability Retirement (IDR). The employee
who is approved for an IDR may choose to cash out up to 50% of their
sick leave balance upon separation of employment. The remaining sick
leave balance shall be converted to CalPERS service credit.
31.1.2 A non-sworn employee who is temporarily unable to work due to an
occupational illness or injury will receive full pay for the first 45 calendar
days. If the employee continues to be temporarily unable to work after 45
calendar days, the employee will receive workers’ compensation
temporary disability payments as provided in the Labor Code. To the
extent that these benefits are less than the employee’s full regular pay, the
employee shall supplement them by using accrued sick leave, vacation,
and/or compensatory time to reach the amount equal to the employee’s
full regular pay until the employee’s leave balances reach zero, at which
time the employee would commence an unpaid leave of absence.
31.2 Non-Occupational Injuries or Illnesses
31.2.1 An employee who is temporarily unable to work due to a non-
occupational illness or injury will receive those disability benefit
payments for which the employee is eligible and applies. To the extent
that these benefits are less than the employee’s full regular pay, the
employee shall supplement them by using accrued sick leave, vacation,
and/or compensatory time to reach the amount equal to the employee’s
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 36 of 114
30
full regular pay until the employee’s leave balances reach zero, at which
time the employee would commence an unpaid leave of absence.
31.2.2 Pregnancy Disability Leave shall be authorized and/or administered in
accordance with the provisions of state and federal law. In the case an
employee is disabled by pregnancy, childbirth or a related medical
condition the employee shall be allowed to utilize a combination of
accrued sick leave, vacation, and leave without pay to take a leave for a
reasonable period of time, not to exceed four months. “Reasonable period
of time” means that period during which the employee is disabled on
account of pregnancy, childbirth, or related conditions.
The employee shall give the city reasonable notice of the date the leave
shall commence and the estimated duration of the leave.
If the employee is disabled by pregnancy, the employee may be eligible to
return to work on a light duty assignment per the department policy
regarding a non-occupational illness/injury.
31.3 Extended Leave of Absence
Upon completion of either 84 consecutive calendar days (12 weeks) of leave of absence
(paid or unpaid and except when leave is ordered by the city or 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:
1. accrual of sick leave and vacation,
2. holiday pay
3. cell phone allowance and
4. shift differential pay.
On the day that the employee returns to work from the extended leave of absence, the
employee will resume eligibility for the abovementioned benefits and the employee’s
salary anniversary date, vacation anniversary date and seniority will be adjusted for each
calendar day the leave of absence lasted beyond either 84 consecutive calendar days or
the completion of a leave of absence related to Section 4850 of the Labor Code,
whichever was longer.
During or immediately following a leave of absence, if an employee returns to work for
fewer than 14 calendar days before subsequently going back on a leave of absence for the
same injury, illness or reason for the leave, (paid or unpaid and except when leave is
ordered by the city or when an employee is on an active duty military leave), the second
leave of absence shall be considered a continuation of the first leave of absence.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 37 of 114
31
Exception for a Probationary Newly Hired Employee
When a probationary newly hired employee is on a leave of absence (paid or unpaid) that
extends beyond 14 consecutive calendar days the probationary period and salary
anniversary date shall be extended for each calendar day the employee was on a leave of
absence. Other than this exception, all other provisions in this Extended Leave of
Absence section apply to a probationary newly hired employee.
31.4 The city acknowledges the applicability of the federal Family and Medical Leave Act
(FMLA) and the California Family Rights Act (CFRA) and intends to apply and
implement this document so as to comply with these laws.To the extent permitted by law,
a leave of absence under this article will run concurrently with any FMLA or CFRA
leave of absence an employee is entitled to receive.
ARTICLE 32. DISABILITY RETIREMENT
An employee’s eligibility for disability retirement will be determined in accordance with the
standards and procedures contained in California Government Code sections 20000 et seq.
ARTICLE 33. VACATION
Vacation leave can be used in 15 minute increments.
33.1 All eligible CPOA-represented employees shall be entitled to accrue vacation on a daily
basis according to the number of continuous full years of employment based on the
following vacation accrual schedule:
Beginning with the first working day through the completion of five full calendar
years of continuous service – 14 minutes/day
Beginning the sixth year of continuous employment through the completion of 10
full calendar years of continuous service – 21 minutes/day
Beginning the 11th year of continuous employment through the completion of 15
full calendar years of continuous service – 26 minutes/day
Beginning the 16th year of continuous employment, vacation time shall be accrued,
and remain at a rate of 33 minutes/day for every full calendar year of continuous
employment thereafter.
Effective upon the first day of the first full pay period following ratification of this MOU,
with approval of the Police Chief or designee, in addition to service time with the City of
Carlsbad, current employees and new hires shall be eligible to receive service credit
towards the vacation accrual rate based on their previous full-time law enforcement
experience. This credit only applies to the vacation accrual rate. It does not apply to
seniority or any other employee-related process, pay, benefit or accrual that is based on
city service credit.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 38 of 114
32
33.2 Vacation Accrual Maximum
Effective upon the first day of the first full pay period following ratification of this MOU
no employee will be allowed to accrue vacation hours in excess of the 480 hour
maximum.
The Police Chief will encourage the taking of accrued vacation leave. Although
employees are responsible for actively managing their leave balances, the Police Chief
will not unreasonably deny requests for vacation time off. If there are unusual
circumstances that would require an employee to exceed the vacation accrual maximum,
the employee must submit a request in writing to the Police Chief and the City Manager.
The Police Chief and the City Manager may grant such a request if it is in the best
interest of the city. Requests will be handled on a case-by-case basis and will be
considered only in extreme circumstances.
33.3 Vacation Conversion
1. No later than December 10, 2019, employees will be provided an option to convert
accrued and unused vacation to cash in an amount of up to 160 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 160
hours 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,
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 39 of 114
33
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.
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.
9. The parties agree to discuss any CPOA concerns regarding vacation request denials as a
standing agenda item at labor-management committee meetings. The CPOA agrees to
discuss any issues regarding vacation scheduling with Police Department Management
and attempt to resolve them. If the CPOA and Police Department Management are unable
to resolve issues related to vacation scheduling after good faith efforts have been
exhausted, the CPOA will continue discussions on their concerns with the city's Human
Resources Department. The city and CPOA also agree that if the parties are unable to
resolve CPOA issues related to vacation scheduling, then upon written mutual agreement
between the parties the following procedure for vacation scheduling may be implemented
during the term of the MOU:
a. Any employee with 40 or more accrued hours of compensation time that is paid
out on the last pay date of December will be permitted to use a total of 20 hours of
vacation in January or February of the following calendar year subject to the
provisions of Article 17.
33.4 Compensation for City Work During Vacation
Occasionally employees on vacation leave are needed for work assignments. Employees
returning to work during vacation leave will be compensated as follows:
(a) Court - –Mandated court appearances during the time of an employee’s paid
vacation leave from city service will result in overtime compensation, with a
minimum of four hours.
(b) Duty Time – Employees returning to their regularly scheduled work time while on
vacation leave shall be paid their applicable base rate of pay and not be charged the
corresponding vacation time.
(c) Non-Duty Time – Employees returning to work at a time other than their regularly
scheduled work time while on vacation leave shall be paid overtime compensation.
(d) Recall – This clause shall not limit the city’s right to recall an employee from
vacation in the event of an emergency.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 40 of 114
34
33.5 Scheduling Vacations
An employee may take annual vacation leave at any time during the year, contingent
upon determination by the Police Chief that such absence will not materially affect the
department. Each employee must consider the needs of the service when requesting
annual vacation leave. An employee shall normally provide 48 hours notice in advance
of the day(s) the employee is requesting vacation time off. When a family emergency
arises which necessitates the use of vacation time, an employee shall provide as much
advance notice as possible considering the particular circumstances.
33.6 Terminal Vacation Pay
The dollar value of an employee’s accrued vacation balance as of the employee’s last day
on payroll shall be paid to the employee upon separation of employment at the
employee’s base rate of pay at separation.
ARTICLE 34. HOLIDAYS
34.1 The city agrees to observe 11 scheduled paid holidays per year. The holiday schedule
shall not interfere with, influence, or otherwise change the scheduling of shift employees
by the department.
Employees will accrue 2 floating holidays each year on July 1st. The floating holiday
must be used in full day increments. There is no partial day use of a floating holiday.
The floating holiday will be treated in the same manner as the other 11 holidays except
that unused floating holidays will not carry over to the next fiscal year and will not be
paid out upon separation of employment.
34.2 The holiday schedule for the term of this agreement is as follows:
New Year’s Day
Martin Luther King’s Birthday
President’s Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
34.3 Employees who work a 5/8 schedule will be paid eight hours of straight time for each
holiday. Employees who work a 9/80 schedule will be paid nine hours of straight time
for each holiday. Employees who work a 4/10 schedule will be paid 10 hours of straight
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 41 of 114
35
time for each holiday. Employees who work a 3/12 schedule will be paid 12 hours of
straight time for each holiday.
34.4 Employees will be compensated in cash or compensatory time off (CTO) for holidays in
the pay period in which they occur. Employees scheduled to work on a holiday who
desire the day off will utilize vacation or CTO.
For purposes of this section, a shift trade will be considered part of an employee’s
regularly scheduled work shift.
ARTICLE 35. SALARY/ANNIVERSARY DATE ON PROMOTION
35.1 Any Police Officer or Police Corporal promoted to the rank of Police Sergeant will be
compensated at a minimum of five percent above the top step of Corporal.
35.2 Any Communications Operator I or II promoted to the position of Communications
Supervisor will have their compensation adjusted a minimum of five percent above the
top step of Communications Operator II.
35.3 A police employee serving in Salary Step 5 will be eligible upon promotion for
subsequent salary step increases in a higher range on the annual anniversary of the date of
promotion. When a police employee is promoted from Step 1, 2, 3, or 4, that employee
will retain the anniversary date that was in effect in the salary range from which the
employee was promoted.
ARTICLE 36. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work environment
free from the effects of drugs and alcohol consistent with the directives of the Drug Free
Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is
certified by the National Institute on Drug Abuse (NIDA), now known as the Substance
Abuse & Mental Health Services Administration (SAMHSA). Testing shall be
conducted in a manner to ensure a high degree of accuracy and reliability using
techniques, equipment, and laboratory facilities, which have been approved by the
Substance Abuse and Mental Health Services Administration (SAMHSA) and the
Department of Health and Human Services (DHHS). Collection, chain of custody, and
testing procedures shall be conducted in accordance with FTA/DOT regulations, 49
C.F.R. Parts 40 and 655. This policy will be interpreted consistent with the provisions of
the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et
seq.). This policy is intended to accomplish that objective.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 42 of 114
36
A. Definitions - As Used in This Policy:
1. "Drug" means any substance which produces a physical, mental, emotional
or behavioral change in the user, including but not limited to, prescription
medications, heroin, cocaine, morphine and its derivatives, P.C.P.,
methadone, barbiturates, amphetamines, methamphetamines, alcohol,
marijuana, and other cannabinoids.
2. “Workplace” means any site where city-assigned work is performed,
including city premises, city vehicles or other premises or vehicles, while
city-assigned work is being conducted, or within a reasonable time thereafter.
3. “Reasonable suspicion” means a standard for evidence or other indication of
impairment of normal physical or mental skills by alcohol or drugs where
such impairment could negatively affect work performance or could pose a
threat to public or employee safety.
4. “Medical Review Officer (MRO)” is responsible for receiving laboratory
confirmed urine drug test results; determining whether there is a legitimate
medical explanation for a laboratory-confirmed positive, adulterated, or
substituted result; and reviewing and reporting a verified result to the
employer in a timely and confidential manner.
5. “CCF” refers to the federal drug testing Custody and Control Form. This
form will be completed for all urine specimen collections and requires the
employee’s signature each time a specimen is collected.
6. “Urine Collector” is responsible for collecting urine specimens using 49
C.F.R. Part 40 procedures; shipping the specimens to certified laboratories
for analysis; and distributing copies of the CCF to the laboratory, MRO,
employer, and employee in a timely and confidential manner.
7. “Breath Alcohol Technician (BAT)” is responsible for conducting alcohol
screening and confirmation tests by collecting and analyzing breath
specimens using an approved screening device and an evidential breath
testing (EBT) device; documenting the results of the test; and transmitting
the results to the employer in a timely and confidential manner.
8. Third Party Administrator: A service agent who coordinates a variety of drug
and alcohol testing services for employers. These services can include
random selections; and coordinating urine collections, laboratory testing,
MRO services, alcohol testing, and SAP evaluations. The TPA is responsible
for ensuring that its service agents are qualified.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 43 of 114
37
B. Employee Responsibilities
1. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution,
dispensation, possession or use of alcohol or drugs nor be under
the influence of alcohol or drugs in the workplace or while on-
call;
b. submit to an alcohol and drug analysis and remain on the
premises when requested to do so by city management, acting
pursuant to this policy, or by law enforcement personnel;
c. notify the city of any conviction under a criminal drug statute
(including any pleas of nolo contendere), if such conviction was
based on a violation which occurred in the workplace, no later
than five days after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are required to notify their supervisors when taking any
medication or drugs, prescription or non-prescription (over-the-counter
medications), which interfere with safe or effective performance of their
duties or operation of city equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employment are
relevant to city employment may result in disciplinary action up to and
including termination if there is relevant nexus between such off-duty
involvement and the employee’s employment with the city, consistent
with the legal requirements for disciplinary due process.
C. Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by
this policy may also be directed or allowed to satisfactorily participate in
an approved alcohol or substance abuse assistance or rehabilitation
program.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 44 of 114
38
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
1. Upon receiving a conditional offer of employment, an otherwise
successful candidate must submit to a drug and alcohol analysis. At
the city's discretion, this analysis may be in the form of "breathalizer,"
urine, or blood analysis.
2. Persons whose results are positive for either drugs or alcohol will be
rejected for city employment.
B. Employee Drug and Alcohol Analysis
1. If a manager or supervisor of the city has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the
workplace or subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer,"
urine, or blood analysis.
c. An employee may also be required to remain on the premises for
a reasonable time until arrangements can be made to transport
the employee to his or her home.
2. Some examples of “reasonable suspicion” as defined in Section 1.A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or
disability;
d. an accident involving city property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsive,
unusual for that employee or otherwise inappropriate to the
workplace situation;
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 45 of 114
39
f. attributable possession of alcohol or drugs;
g. information obtained from a reliable person with personal
knowledge that would lead a reasonably prudent supervisor to
believe that an employee is under the influence of alcohol or
drugs.
3. Refusal to remain on the premises or to submit to a drug and alcohol
analysis when requested to do so by city management or by law
enforcement officers shall constitute insubordination and shall be
grounds for discipline, up to and including termination.
4. A drug and alcohol analysis may test for the presence of any drug
which could impair an employee's ability to effectively and safely
perform the functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in
disciplinary action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug
test sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed
necessary by the city.
C. Random Selection Testing
All sworn employees in the Vice Narcotics Unit of the Carlsbad Police
Department, with the classifications of Police Officer, Police Corporal,
and Police Sergeant shall be subject to random substance abuse
teststhroughout the fiscal year. This includes detectives assigned to the
narcotics taskforce and the gang taskforce. The ongoing testing will be
conducted on an unannounced basis. Employees will have an equal
chance of being selected and tested in each selection period. The names of
all eligible employees will be placed in a pool, with the selection of
employees made by a scientifically valid method via the Third Party
Administrator of the program. Once an employee's name is pulled for
testing, his or her name will be returned to the pool.
Any CPOA-represented employee who operates the Public Safety
Command Post vehicle shall be subject to random substance abuse tests.
Refer to Administrative Order No. 64 for more information re: the drug
and alcohol testing policy for employees in safety sensitive positions.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 46 of 114
40
Random testing will be performed as follows:
Drugs - 50% of the total number of covered employees shall be
tested annually.
Alcohol –25% of the total number of covered employees shall be
tested annually.
1. Employee Notices
When an employee has been randomly selected, the employee will be
discreetly notified of his or her test in a Testing Notice. The supervisor
will document the date and time the Testing Notice is delivered and then
the employee will be required to sign the Testing Notice, which also
acknowledges that the employee being tested has been advised of the drug
and alcohol testing policy. Additionally, the employee will be asked by
the Urine Collector or BAT to complete the necessary form(s), either the
CCF or ATF or both, for the test(s) to be conducted and analyzed.
2. Testing for Prohibited Drugs
A Urine Collector will collect a urine specimen to be analyzed by a
certified laboratory for the presence of drugs prohibited under this policy.
An employee must void 45 mL of urine all at once for an accurate
collection. At the collection site, the Urine Collector will divide the
specimen into two samples: 30 mL of which will be labeled as the primary
sample (Bottle A) and 15 mL labeled as the split sample (Bottle B). The
urine samples will be sent under seal, with required custody and control
forms, to a laboratory approved by SAMHSA. An initial drug screen will
be conducted on each primary sample. If the initial drug screen does not
yield a negative test result, a confirmatory Gas Chromatography/Mass
Spectrometry (GC/MS) test will be performed. The test will be considered
positive if the amounts present are above the minimum thresholds
established in DOT regulations, as amended. If the result of the primary
sample is not negative, the split sample as well as the primary sample will
be retained in frozen storage for at least 1 year from the date the laboratory
receives it.
3. Medical Review Officer
All drug test results shall be interpreted and evaluated by a qualified
MRO, who shall meet the requirements set forth in DOT regulations. The
MRO shall not convey test results to the city until the MRO has
determined that the test result was positive or negative, or should be
cancelled. When the MRO reports the result of the verified positive test,
the MRO may disclose the drug(s) for which there was a positive result.
The MRO may only reveal the levels of a positive drug test result to the
City of Carlsbad, the employee, or the decision maker in a lawsuit,
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 47 of 114
41
grievance or other proceeding initiated by the employee and arising from a
verified positive result, or as otherwise required by law.
If the MRO declares a drug test to be invalid for any reason, the test is
considered canceled, and neither positive nor negative. However, a re-
collection under direct observation may be ordered by the MRO.
4. Split Specimen Testing
Any employee who questions the results of a required drug test under this
policy may, within 72 hours of having been notified of a verified positive
test by the MRO, request that an additional test be conducted on the split
sample (Bottle B) of the original specimen that was voided. This test will
be conducted at a different DHHS certified laboratory, selected by the
employee. The test must be conducted on the split sample that was
provided at the same time as the original sample. If Bottle B also tests
positive, then the employee may be subject to disciplinary sanctions, up to
and including termination. If the testing of Bottle B produces a negative
result, or for any reason Bottle B is not available, the test is considered
cancelled and no sanctions are imposed. However, a re-collection under
direct observation may be ordered at the MRO’s sole discretion. The
employee shall bear the responsibility of paying for the testing of the split
specimen (Bottle B).
5. Alcohol Testing
Alcohol tests will be performed by a certified BAT. If the initial test on an
employee using an approved EBT indicates a breath alcohol concentration
(BAC) of 0.02 or greater, a second test will be performed no sooner than
15 minutes but no later than 30 minutes from the first attempt to confirm
the results of the initial test. Employees whose confirmatory test results
indicate a BAC of 0.04 or greater may be subject to discipline, up to and
including termination.
6. Refusal to Test
An employee that refuses to submit to drug or alcohol testing required by
the city shall be prohibited from performing or continuing to perform
public safety functions and shall be assigned to a light duty assignment or
placed on paid administrative leave at the city’s discretion. An employee's
refusal to submit to drug or alcohol testing required by the city for any
reason shall be considered an act of insubordination and may also result in
disciplinary action, up to and including termination. Refusal to test shall
include the following:
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 48 of 114
42
a. Failure to appear for any test within a reasonable time, as
determined by the employer, consistent with applicable DOT
regulations, after being directed to do so by the employer;
b. Failure to remain at the testing site until the testing process is
complete;
c. Failure to provide a urine specimen for any drug test required;
d. In the case of a directly observed or monitored collection in a drug
test, failure to permit the observation or monitoring of provision of
a specimen;
e. Failure to provide a sufficient amount of urine when directed, and
it has been determined, through a medical evaluation, that there
was not adequate medical explanation for the failure;
f. Failure or decline to take an additional drug test the employer or
collector has directed you to take;
g. Failure to undergo a medical examination or evaluation, as directed
by the MRO;
h. Failure to cooperate with any part of the testing process;
i. For an observed collection, failure to follow the observer’s
instructions;
j. Possession or wearing of a prosthetic or other device that could be
used to interfere with the collection process; or
k. Admit to the collector or MRO that you adulterated or substituted
the specimen.
The above refusals to test shall incorporate any future amendments to
DOT Regulation 49 CFR Part 40 Section 40.191.
7. Follow-up
Covered employees who test positive may be referred to a Substance
Abuse Professional (SAP) for assessment. Any covered employee
identified by the Substance Abuse Professional as needing assistance and
who is not being terminated, will be subject to follow-up testing upon
returning to duty. After the SAP has notified the city the employee has
completed the SAP’s requirements, which may include treatment and/or
education, an eligible employee may return to work. However, the
employee shall not perform public safety functions until the city has
obtained negative drug test results from the MRO. This test is referred to
as the “Return to Duty” test in the DOT regulations. Both Return to Duty
and Follow-Up Tests shall be under direct observation.
The Follow-Up Tests shall appear in a testing plan. The testing plan will
be developed by the SAP and will include the number of tests required
over a specified duration. The city has no discretion to alter the SAP’s
testing plan and the employee shall not have the right to obtain a copy of
the testing plan. A minimum of six unannounced tests will be performed
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 49 of 114
43
over the twelve month period following the employee’s return to duty.
Follow-up testing may be performed for up to 60 months following return-
to-duty. Such testing shall be separate from participation in the random
testing selection procedures. Follow-up testing may include tests for other
substances beyond the employee's initial positive test of drug and/or
alcohol use when the SAP has reason to believe that additional testing is
warranted. If an employee is referred to a substance abuse program,
payment for the program is the responsibility of the employee.
III. EMPLOYEE ASSISTANCE PROGRAM
A. The city has a well established voluntary Employee Assistance Program
(EAP) to assist employees who seek help for substance abuse problems.
The EAP is available for assessment, referral to treatment, and follow-up.
Any employee of the city wishing confidential assistance for a possible
alcohol or drug problem can call the EAP office and arrange for an
appointment with a counselor.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-
referral contacts are held in confidence by the EAP.
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation
of any city policy.
ARTICLE 37. EMPLOYER SEARCHES
For the purpose of enforcing city or department policies, directives, and work rules, the city
reserves the right to search, with or without prior notice to the employee, all work areas and
property in which the city maintains full or joint control with the employee, including, without
limitation, city vehicles, desks, lockers, file cabinets, and bookshelves. These areas and property
remain part of the workplace context even if the employee has placed personal items in them.
Employees are cautioned against storing personal belongings in work areas and property under
full or joint city control since such work areas may be subject to investigation or search under
this article.
Employer searches may occur when there is a reasonable suspicion that the employee has
violated a city or department policy, directive, or work rule and that the area or property to be
searched may contain evidence of that violation. Searches will be conducted by persons having
supervisory and/or other legal authority to conduct them. Searches will not normally occur
without the concurrence of more than one supervisor.
If the Public Safety Officers Procedural Bill of Rights Acts (Government Code sections 3300 et
seq.) is applicable to a particular search, then the city will comply with the Act notwithstanding
anything to the contrary in this article.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 50 of 114
44
Nothing in this article will prevent the city from taking appropriate action if there is inadvertent
discovery of evidence of a policy, directive, or work rule violation.
ARTICLE 38. FLEXIBLE JOB SHARING
Employees may, with the express written approval of the City Manager, the Human Resources
Director, and the Police Chief, participate in a flexible job-sharing program. The specifics of
such a program shall be determined by the employees and the city on a case by case basis. Prior
to the implementation of any such program, a written agreement setting forth the specifics of the
program shall be signed by the affected employees and the city. This article shall not be subject
to the grievance procedure.
ARTICLE 39. DEFERRED COMPENSATION LOAN PROVISION
The city and the CPOA agree to work with the city’s deferred compensation provider to
implement a personal loan provision for represented employees as soon as administratively
possible. It is acknowledged that the city will assist in the administrative set-up of this benefit
but that the city has no liability if an employee should default on the repayment of such a loan.
ARTICLE 40. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE AND
VOLUNTARY BENEFITS
All CPOA-represented employees shall receive city paid life insurance in an amount equal to
their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount
of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000
multiple.
Effective January 1, 2020, all CPOA-represented employees shall receive city paid Accidental
Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a
maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded
to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple.
The city provides various voluntary benefits available at the employee's cost. Employees may
select among various levels of coverage. For information regarding these benefits, contact the
Human Resources Department at 760-602-2440.
ARTICLE 41. RE-OPENERS
At any time during the term of this Memorandum, the city may reopen negotiations on the
implementation of technological changes affecting the Police Department. CPOA acknowledges
that the city has the management right to decide to change the technology used in the Police
Department and that any negotiations shall be regarding the effects of the city’s decision on
CPOA members.
At any time during the term of this Memorandum, the city may reopen negotiations on the issue
of health insurance benefits in order to reduce or eliminate penalties under the ACA.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 51 of 114
45
At any time during the term of the MOU, after CalPERS announces its actual rate of return for
the prior fiscal year, if the CalPERS actual rate of return is less than CalPERS’ expected rate of
return (the expected rate of return or “discount rate” in effect during that same prior fiscal year),
the city may reopen negotiations on the issue of employee cost sharing toward the city’s required
contribution to CalPERS for CPOA members. Any changes shall be by mutual agreement only.
At any time during the term of the MOU either party may reopen negotiations on the issue of a
retiree medical trust. Any changes shall be by mutual agreement only.
If the September 2022 San Diego Area cpi percentage increase (published in October 2022) is
5.8% or higher, CPOA may reopen negotiations on the sole issue of the increases to base salary
effective January 1, 2023 for all CPOA represented employees. The CPOA may exercise this
option by sending written request to the HR Director no later than October 31, 2022.
If the September 2023 San Diego Area cpi percentage increase (published in October 2023) is
5.8% or higher, CPOA may reopen negotiations on the sole issue of the increases to base salary
effective January 1, 2024 for all CPOA represented employees. The CPOA may exercise this
option by sending written request to the HR Director no later than October 31, 2023.
ARTICLE 42. ACTING PAY
Effective the first day of the first full pay period after ratification of this MOU, whenever the
perceived needs of the city require an employee to temporarily perform the duties of a job
classification that has a higher pay range than the pay range associated with their current job
classification for a period of more than 14 consecutive calendar days, the employee shall receive
additional pay while in the acting capacity. In such cases, the employee shall be paid at an
appropriate level which will assure an increase of not less than five percent greater than the
employee’s current base salary. In the event that the city does not need the employee to serve in
an acting capacity for at least 14 consecutive calendar days, the employee shall receive the acting
pay for that period of time the acting assignment lasts. In the event that at the beginning of an
acting assignment, it is not perceived that the acting assignment will last at least 14 consecutive
calendar days, and the acting assignment nonetheless extends beyond 14 consecutive calendar
days, the employee in the acting assignment shall receive the acting pay retroactive to the first
day of the acting assignment.
No employee shall be required to perform all of the duties of a higher classification unless that
employee is deemed to possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the Police Chief. Exceptions to the minimum
qualifications criteria may be recommended by the Police Chief on a case by case basis. If the
employee does not meet the minimum qualifications for the higher classification the employee
shall receive not less than 2.5% additional pay.
The additional pay shall commence on the first calendar day of the temporary reassignment of
the performance of duties of the higher classification. The recommendation that an employee be
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 52 of 114
46
required to perform duties of the higher classification shall be placed in writing by the Police
Chief and submitted to the Human Resources Director for approval.
If an employee is serving in an acting capacity for a vacant position, the employee shall not serve
more than 960 total hours, including leave and overtime hours, in a fiscal year. All other
employees in an acting capacity shall not serve for more than 180 calendar days unless approved
by the City Manager or designee. Acting pay shall be reported to CalPERS in accordance with
applicable regulations.
If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the
city or when an employee is on an active duty military leave or on a leave of absence related to
Section 4850 of the Labor Code) for more than 21 calendar days, the acting pay shall cease on
the 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 acting assignment, the acting pay
will resume as of the day the employee returns to work.
An employee appointed to an acting capacity shall be eligible to receive step increases in the
employee’s regular position during the acting appointment. The Human Resources Director
shall obtain the employee’s acknowledgement of the temporary performance of all of the duties
of the higher classification prior to the employee’s assuming or continuing the duties and
additional compensation. The acknowledgement form shall clearly state that it is understood that
a reduction in salary shall be effected to the employee’s original salary rate upon the expiration
of the need for the performance of the duties of the higher classification.
ARTICLE 43. FLEXIBLE CLASSIFICATIONS
An employee hired into one of the listed entry level positions shall be reclassified to the journey
level position following 12 months of successful service in the entry level position and upon
meeting journey-level requirements, if any, as established by the city. Any city-established
requirements must be identified in the classification description. The employee shall be placed
at the nearest step of the journey level salary range which represents a minimum five percent
salary increase.
Entry Level Position Journey Level Position
Community Service Officer I Community Service Officer II
Communications Operator I Communications Operator II
ARTICLE 44. JURY DUTY
When called to jury duty, an employee, having provided at least seven calendar days’ written
notice, shall be entitled to the employee’s regular compensation. Employees shall be entitled to
city-paid reimbursement for mileage, transit pass or any applicable parking fees while on jury
duty. If the employee also receives any compensation from the court for serving on a jury, the
employee will reimburse the city for the amount they received from the court.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 53 of 114
47
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the work day. At the discretion of the supervisor, an employee may be released from
reporting back to work if an unreasonable amount of the work day remains in light of travel time
to the job site after release.
ARTICLE 45. SHIFT DIFFERENTIAL
Effective upon the first day of the first full pay period following ratification of the MOU, all
CPOA-represented employees who work or who take paid leave for a night shift (i.e., a shift in
which five or more contiguous hours of their shift are after 1700 hours and before 0600 hours)
shall be eligible for Shift Differential Pay. Shift Differential Pay shall be equal to three percent
(3%) of the base pay rate and will be paid for the night shift (all hours worked), inclusive of all
paid leave or paid time during a leave of absence, except 1) when the employee is on an
extended leave of absence as defined in Article 31.3 or 2) time off due to a shift trade or 3) time
off due to flex time. Shift Differential Pay shall be included in the regular rate of pay in
conformance with the FLSA as it relates to calculating overtime pay. Shift Differential Pay shall
not be included in the definition of “straight time” for purposes of calculating holiday pay as
defined in Article 34.3. In regards to compensatory time, the employee will be paid shift
differential when compensatory time is used for time off during an eligible period, not when it is
earned and not when unused compensatory time is paid out in accordance with Article 17.
A person regularly scheduled on a shift that meets the requirements defined in this section who
temporarily works on another shift that does not meet the requirements defined in this section
will not receive the Shift Differential Pay.
ARTICLE 46. SPECIAL STUDY
During the term of the MOU the City and CPOA will conduct a study on a binding post
disciplinary appeal process. The city agrees to survey, at a minimum, all agencies listed in its
total compensation survey market for purposes of the study. The parties can agree on additional
agencies to survey based on mutual agreement. After the survey is completed, the parties will
reopen Article 22.9 of this MOU for the purpose of determining whether or not the hearing
officer’s decision will be administratively final or subject to City Council review.
ARTICLE 47. PAID FAMILY LEAVE
Effective January 1, 2020, per Administrative Order No. 84, all CPOA-represented employees
will be eligible for up to 160 hours per year of paid family leave to care for an immediate family
member or bond with a new child.
ARTICLE 48. SWAT HAZARD PAY
A sworn member’s assignment to the SWAT team is considered a hazardous assignment. As a
SWAT team, responses to regional emergencies may include exposure to toxic, radioactive,
explosive or other hazardous materials in the performance of duties. Effective Jan. 1, 2023,
employees assigned to the SWAT team in accordance with Department Manual Section 1004,
upon selection to the team, shall receive a Hazard Premium at the rate of $60 per pay period.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 54 of 114
48
Consistent with the Department policy, selection to the SWAT team will based at the sole
discretion of the Police Chief or designee.
In order to continue in the assignment after selection each employee must pass the required
physical fitness and firearm qualifications consistent with the SWAT Operations Manual. A
determination of whether an employee passed the physical fitness or shooting standards will be
decided by the sole discretion of the Chief of Police consistent with the SWAT Operations
Manual without any right of appeal.
Notwithstanding any rotational time periods set forth in the Department Manual, continued
assignment on the SWAT team will be assessed and decided upon during an annual team
member review in February of each year, where one year extensions of the assignment may be
granted at the sole discretion of the Police Chief or designee and without any right of appeal.
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
June 7, 2022 Item #5 Page 55 of 114
DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95D2-A8692B546FBB
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives
to execute this Memorandum to be effective as stated herein.
CITY OF CARLSBAD
M!:'<C/~
SCOTT CHADWICK, City Manager
G. / ~( -z._--z_
Date
APPROVED AS TO FORM:
CELIA BREWER, City Attorney 7 Date
CARLSBAD POLICE OFFICERS' ASSOCJA TION
5/25/2022
JAMES WILLIS, President Date
49
June 7, 2022 Item #5 Page 56 of 114
Attachment B
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE
15 25.1101 26.3654 27.6836 29.0676 30.5210 15
19 28.4095 29.8303 31.3214 32.8876 34.5319 19
20 31.4909 33.0654 34.7190 36.4544 38.2773 20
22 33.0654 34.7190 36.4544 38.2773 40.1913 22
24 37.3658 39.2340 41.1958 43.2555 45.4184 24
35 40.9579 43.0058 45.1558 47.4138 49.7840 35
36 44.1876 46.3971 48.7169 51.1530 53.7099 36
38 46.3971 48.7169 51.1530 53.7099 56.3963 38
42 55.5941 58.3736 61.2925 64.3569 67.5746 42
90 37.5016 39.3768 41.3455 43.4130 45.5836 90
RANGE 15 PROPERTY & EVIDENCE TECHNICIAN
RANGE 15 COMMUNITY SERVICE OFFICER I
RANGE 19 COMMUNITY SERVICE OFFICER II
RANGE 20 COMMUNICATIONS OPERATOR I
RANGE 20 POLICE RANGER
RANGE 22 COMMUNICATIONS OPERATOR II
RANGE 24 COMMUNICATIONS SUPERVISOR
RANGE 35 FINGERPRINT & EVIDENCE SPECIALIST
RANGE 36 POLICE OFFICER
RANGE 38 POLICE CORPORAL
RANGE 42 POLICE SERGEANT
RANGE 90 POLICE RECRUIT
THE CITY OF CARLSBAD
CPOA HOURLY SALARY SCHEDULE
Effective January 1, 2022
June 7, 2022 Item #5 Page 57 of 114
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE
15 25.6124 26.8926 28.2373 29.6490 31.1314 15
19 28.9778 30.4269 31.9478 33.5454 35.2225 19
20 32.1208 33.7266 35.4134 37.1835 39.0428 20
22 33.7266 35.4134 37.1835 39.0428 40.9951 22
24 38.1131 40.0186 42.0196 44.1206 46.3268 24
35 41.7770 43.8659 46.0589 48.3620 50.7796 35
36 45.9551 48.2530 50.6655 53.1991 55.8583 36
38 48.2530 50.6655 53.1991 55.8583 58.6521 38
42 57.5955 60.4751 63.4990 66.6738 70.0073 42
90 39.0018 40.9519 42.9994 45.1495 47.4070 90
RANGE 15 PROPERTY & EVIDENCE TECHNICIAN
RANGE 15 COMMUNITY SERVICE OFFICER I
RANGE 19 COMMUNITY SERVICE OFFICER II
RANGE 20 COMMUNICATIONS OPERATOR I
RANGE 20 POLICE RANGER
RANGE 22 COMMUNICATIONS OPERATOR II
RANGE 24 COMMUNICATIONS SUPERVISOR
RANGE 35 FINGERPRINT & EVIDENCE SPECIALIST
RANGE 36 POLICE OFFICER
RANGE 38 POLICE CORPORAL
RANGE 42 POLICE SERGEANT
RANGE 90 POLICE RECRUIT
THE CITY OF CARLSBAD
CPOA HOURLY SALARY SCHEDULE
Effective January 1, 2023
June 7, 2022 Item #5 Page 58 of 114
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE
15 26.1246 27.4305 28.8020 30.2420 31.7540 15
19 29.5573 31.0354 32.5868 34.2163 35.9270 19
20 32.7631 34.4011 36.1216 37.9271 39.8236 20
22 34.4011 36.1216 37.9271 39.8236 41.8150 22
24 38.8754 40.8190 42.8600 45.0030 47.2533 24
35 42.6125 44.7433 46.9800 49.3293 51.7953 35
36 47.7934 50.1831 52.6921 55.3271 58.0926 36
38 50.1831 52.6921 55.3271 58.0926 60.9983 38
42 59.6690 62.6523 65.7850 69.0740 72.5275 42
90 40.5619 42.5900 44.7194 46.9555 49.3033 90
RANGE 15 PROPERTY & EVIDENCE TECHNICIAN
RANGE 15 COMMUNITY SERVICE OFFICER I
RANGE 19 COMMUNITY SERVICE OFFICER II
RANGE 20 COMMUNICATIONS OPERATOR I
RANGE 20 POLICE RANGER
RANGE 22 COMMUNICATIONS OPERATOR II
RANGE 24 COMMUNICATIONS SUPERVISOR
RANGE 35 FINGERPRINT & EVIDENCE SPECIALIST
RANGE 36 POLICE OFFICER
RANGE 38 POLICE CORPORAL
RANGE 42 POLICE SERGEANT
RANGE 90 POLICE RECRUIT
THE CITY OF CARLSBAD
CPOA HOURLY SALARY SCHEDULE
Effective January 1, 2024
June 7, 2022 Item #5 Page 59 of 114