HomeMy WebLinkAbout2022-12-13; City Council; Resolution 2022-281RESOLUTION NO. 2022-281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING SIDE LETTER AGREEMENTS WITH THE CARLSBAD
CITY EMPLOYEES' ASSOCIATION, CARLSBAD POLICE OFFICERS'
ASSOCIATION, CARLSBAD POLICE MANAGEMENT ASSOCIATION AND
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. AND APPROVING REVISIONS
TO THE EMERGENCY MEDICAL TECHNICIAN EMPLOYMENT,
COMPENSATION AND BENEFITS PLAN AND THE MANAGEMENT
COMPENSATION AND BENEFITS PLAN
WHEREAS, City Council desires to recognize Indigenous Peoples' Day as a city paid holiday.
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 side letter agreement between the Carlsbad City Employees' Association and the
City of Carlsbad (Attachment A) is approved and the City Manager is authorized to
execute it on behalf of the city.
3.The side letter agreement between the Carlsbad Police Officers' Association and the
City of Carlsbad (Attachment B) is approved and the City Manager is authorized to
execute it on behalf of the city.
4.The side letter agreement between the Carlsbad Police Management Association and
the City of Carlsbad (Attachment C) is approved and the City Manager is authorized to
execute it on behalf of the city.
5.The side letter agreement between the Carlsbad Firefighters' Association, Inc. and the
City of Carlsbad (Attachment D) is approved and the City Manager is authorized to
execute it on behalf of the city.
6.The revised Emergency Medical Technician Employment, Compensation and Benefits
Plan (Attachment E) is approved and the City Manager is authorized to execute it on
behalf of the city.
7.The revised Management Compensation and Benefits Plan (Attachment F) is approved
and the City Manager is authorized to execute it on behalf of the city ..
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of December, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
,btt/FAVIOLA MEDINA, City Clerk Services Manager 0 (SEAL)
DocuSign Envelope ID: 002272C2-C93C-4E79-826E-C73F0F03DE6F
SIDE LETTER AGREEMENT BETWEEN THE CARLSBAD CITY EMPLOYEES' ASSOCIATION AND THE CITY OF CARLSBAD RELATING TO HOLIDAYS
Attachment A
The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad City Employees' Association (hereinafter referred to as the "CCEA") entered into a Memorandum of Understanding ("MOU") with a term beginning on January 1, 2021 and terminating on December 31, 2022. The city and CCEA are collectively referred to herein as the '"Parties.' The Parties now enter into this Side Letter of Agreement ('Agreement') as an amendment to the MOU.
Background and Overview
This Agreement relates to recognition of Indigenous Peoples' Day in lieu of Columbus Day as a city paid hol.iday.
The Parties have atisfied their obligations to meet and confer in good faith in accordance with the Meyers-Milias-Brown Act ("MMBA ').
Based on the above the city has proposed and the CCEA has agreed to modify Article 21.A of the CCEA MOU to state d,e following:
Article 21 Ho] idays
A.Authorized HolidaysThe City shall observe eleven (11) scheduled paid holidays. The scheduled paid holidays that willbe official Ci.ty holidays shall be as follows:
New Year s Day Martin Luther King s Birthday President's Day Memorial Day J ndependence Day Labor Day
Date: 11/7/2022
Columbus lndigenou Peoples' Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day
HIANO, PRESID NT, CARLSBAD CITY SSOCIATJO
Date: l�b:i'ZZ
Date: It./ I 5 />02.Z.
SCOTT HADWLCK, CJTY MANAGER CITY OF ARLSBAD
. (;1(Udu/z�
Approved as to form, CITY ATTORNEY
DocuSign Envelope ID: 12A2O6BA-4EC5-4FC6-9458-BEA0D65EE262
SIDE LETTER AGREEMENT BETWEEN THE CARLSBAD POLICE OFFICERS' ASSOCIATION AND THE CITY OF CARLSBAD RELATING TO HOLIDAYS
Attachment B
The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad Police Officers' Association
(hereinafter referred to as the "CPOA") entered into a Memorandum of Understanding ("MOU") with a term beginning on January 1, 2022 and terminating on December 31, 2024. The city and CPOA are collectively referred to herein as the "Parties." The Parties now enter into this Side Letter of Agreement
("Agreement") as an amendment to the MOU.
Background and Overview
This Agreement relates to recognition of Indigenous Peoples' Day in lieu of Columbus Day as a city paid holiday.
Based on the above, the city has proposed and the CPOA has agreed to modify Article 34.2 of the CPOA MOU to state the following:
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
Columbus Indigenous Peoples' Day Veterans Day
Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day
Labor Day
Date: 12;1;2022
Date: I 2 /I� /mt '2-
IS, PRESIDENT, CARLSBAD POLICE OCIATION
SCOTT CHADWICK, CITY MANAGER, CITY OF CARLSBAD
Approved as to form, CITY ATTORNEY
DocuSign Envelope ID: CA43B96B-CCCF-47E3-86FA-2F3CD7F91 D57
SIDE LETTER AGREEMENT BETWEEN THE CARLSBAD POLICE MANAGEMENT ASSOCIATION AND THE CITY OF CARLSBAD RELATING TO HOLIDAYS
Attachment C
The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad Police Management Association
(hereinafter referred to as the "CPMA") entered into a Memorandum of Understanding ("MOU") with a term beginning on January 1, 2022 and terminating on December 31, 2024. The city and CPMA are collectively referred to herein as the "Parties." The Parties now enter into this Side Letter of Agreement
("Agreement") as an amendment to the MOU.
Background and Overview
This Agreement relates to recognition of Indigenous Peoples' Day in lieu of Columbus Day as a city
paid holiday.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with the
Meyers-Milias-Brown Act ("MMBA").
Based on the above, the city has proposed and the CPMA has agreed to modify Article 25.2 of the CPMA MOU to state the following:
25.2 The holiday schedule for the term of this agreement is as follows:
New Year's Day Martin Luther King's Birthday President's Day
Columbus Indigenous Peoples' Day
Veterans Day Thanksgiving Day
Memorial Day Thanksgiving Friday
Independence Day Christmas Day Labor Day
Date: 11/7/2022
Date: \{.p�CZ.Z
Date: I z . ./ 1 r--1 ,oz;z.
RESIDENT, CARLSBAD POLICE SSOClATlON
SCOT DWTCK, CJTY MANAGER, CITY OF CARLSBAD
Approved as to form, CITY ATTORNEY
Attachment D
SIDE LETTER AGREEMENT BETWEEN THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. AND THE CITY OF_ CARLSBAJL RELATING TO HOLIDAYS
The City of Carlsbad (hereinafter referred to as "city") an� the Carlsbad Firefighters' Association, Inc. (hereinafter referred to as the "CF A") entered into a Memorandum of Understanding ("MOU") with a term beginning on January 1, 2020 and terminating on December 31, 2022. The city and CFA are collectively referred to herein as the "Parties." The Parties now enter into this Side Letter of Agreement ("Agreement") as an amendment to the MOU.
Background and Overview
This Agreement relates to recognition of Indigenous Peoples' Day in lieu of Columbus Day as a city paid holiday.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with the Meyers-Milias-Brown Act ("MMBA").
Based on the above, the city has proposed and the CFA has agreed to modify Article 16 of the CFA MOU to state the following:
ARTICLE 16. HOLIDAYS
The city shall observe the following scheduled paid holidays, consistent with the annual holiday schedule published by the Human Resources Department:
New Year's Day Martin Luther King's Birthday President's Day
Gelumbus Indigenous Peoples' Day Veterans Day Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Labor Day Christmas Day
Date:_f l-+-1--13 /1--i._1-__
Date: ��2.z._
Date: / J,./J;-/')1)7,,2-
,CARLSBAD TION, INC.
SCOTT WlCK, CITY MANAGER, CITY OF CARLSBAD
� /L � pproved as to form, CITY ATTORNEY
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EMERGENCY MEDICAL TECHNICIAN (EMT) EMPLOYMENT, COMPENSATION AND BENEFITS PLAN
TABLE OF CONTENTS
Introduction Page 2
Section 1 Duties Page 2 Section 2 Termination/Resignation Page 3 Section 3 Reemployment Page 3 Section 4 Salary Page 3
Section 5 Work Schedule/Overtime Page 4
Section 6 Assignment as Paramedic/Firefighter Trainee Page 5 Section 7 Bereavement Page 5 Section 8 Short-Term and Long Term Disability Insurance Page 5 Section 9 Annual Vacation Leave Page 6
Section 10 Sick Leave Page 8
Section 11 Bilingual Pay Page 9 Section 12 Flexible Benefits Program Page 9 Section 13 Holidays Page 11 Section 14 Retirement Benefits Page 11
Section 15 Americans With Disabilities Act and Other
Fair Employment Laws Page 12 Section 16 Family Leave Acts Page 12 Section 17 Alcohol and Drug Policy Page 12 Section 18 Paramedic License Pay Page 17
Section 19 Reporting Value of Uniforms to CalPERS Page 17
Section 20 Deferred Compensation Page 17 Section 21 Leave of Absence Page 17 Section 22 Military Leave Page 20 Section 23 Jury Duty Page 20
Section 24 Life/Accidental Death & Dismemberment
Insurance and Voluntary Benefits Page 21 Section 25 Wellness Page 21 Section 26 Paid Family Leave Page 21 Section 27 Defense and Indemnification Page 21
Attachment E
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INTRODUCTION In order to better provide for the health, safety and welfare of the citizens of Carlsbad, the City of
Carlsbad provides detailed control over the daily operations of the city's emergency transport
operations, including in-house deployment of ambulances, ownership and control over equipment and supplies, and supervision and control over employee selection and assignments.
Employee compensation and benefits, conditions of employment, and working conditions of the
Emergency Medical Technician (EMT) are described in this document and shall be governed by
the city.
Assignment to full-time EMT status will be based on a competitive process determined by the city to include an interview with the Fire Chief or designee.
An EMT is not part of the classified service and does not belong to, and is not part of, any recognized bargaining unit in the City of Carlsbad. An EMT may not administratively appeal, grieve or protest any condition of employment pursuant to the City of Carlsbad Municipal Code and/or Personnel Rules.
Throughout this document, any reference to the Fire Chief or designee is understood to mean authorization from the City Manager who delegates authority to the Fire Chief or designee to implement the provisions of this document.
SECTION 1. DUTIES
A.An EMT must possess the minimum qualifications and will perform the functions and dutiesset forth in the Emergency Medical Technician Class Specification (incorporated by reference),and will perform all other legally permissible duties and functions as the city shall from time to
time assign.
The work schedule may involve twenty-four (24) hour shifts or other shifts as determined by the city.
An EMT shall not be considered a firefighter or public safety employee. An EMT shall not perform duties including fire prevention, fire suppression, technical rescue, or the staffing of fire suppression apparatus.
An EMT shall devote full attention and effort to the tasks and duties set forth in the class specification and perform the mentioned duties and tasks in a professional manner.
B.The city will:
(1)Administer various examinations, background checks, and/or other pre-employmentscreening to determine whether the EMT is an appropriate candidate for employment as an EMTfor the city;
(2)Provide the EMT with any uniforms, tools and equipment as the city deems appropriate;
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(3)Provide the EMT such training and instruction as the city deems appropriate;
(4)Pay the EMT earned wages during the period the EMT is employed by the city;
(5)Staff ambulances with at least one additional EMT or Paramedic as directed by the Fire Chiefor designee; and
(6)Provide adequate dormitory and kitchen facilities for the EMT.
SECTION 2. TERMINATION/RESIGNATION
An EMT is an at-will employee of the city and as such, an EMT may be terminated at any time
at the city’s discretion without any right of the EMT to appeal the decision. The at-will
employment relationship may not be modified by any oral or implied agreement or by any person, statement, act, series of events, or pattern of conduct. Nothing in this document shall prevent, limit or otherwise interfere with the city’s discretion to terminate the employment of the EMT at any time.
In the event an EMT voluntarily resigns, the city requests the EMT give the city written notice at least 30 days prior to the last workday. It is understood that after notice of termination in any form, the EMT and city will cooperate to provide for an orderly transition. An EMT that is assigned to a full-time position may resign the full-time position and request reassignment to a
part-time status.
SECTION 3. REEMPLOYMENT
A.An EMT who has resigned may be reemployed to either a part-time or a full-time EMT
position, if vacant, within one year of the effective date of resignation. Reemployment to a full-
time EMT position will be based on availability of a vacant full-time position and a competitiveprocess determined by the city to include an interview with the Fire Chief or designee.
B. If a former EMT seeks reemployment as an EMT after a period greater than one year after
resignation, the city's recruitment process for the EMT position must be utilized to gain
employment.
C.If a former EMT is reemployed, upon reemployment, the EMT shall resume the samevacation accrual rate that the EMT had at the time of separation.
SECTION 4. SALARY
The salary range for an EMT is set forth in the Non-Management Unclassified Salary Range Schedule (incorporated by reference). An EMT may be paid anywhere in the salary range, as
determined by the city. An EMT may be advanced in the salary range regardless of the length of
time served at the EMT’s present pay rate. This advancement requires the written recommendation of the Fire Chief or designee and requires the approval of the City Manager or designee.
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Periodically the Human Resources Department will bring forth salary range adjustment recommendations to the City Council that are based on market and economic conditions. If, as a
result of a salary range adjustment, an EMT’s base pay falls below the minimum of the salary
range, the EMT’s base pay will be increased to the new range minimum as of the date the City Council approves the salary range adjustment.
SECTION 5. WORK SCHEDULE/OVERTIME
A.The city may establish a work period for each EMT. Such schedule will comply withrequirements of the Fair Labor Standards Act (FLSA) and any other federal or state employmentlaws and/or regulations. To the extent required by federal and state labor laws and/or regulations,the city will provide an EMT overtime based upon a 40-hour FLSA work week from Monday at
12:00 a.m. to Sunday at 11:59 p.m.
B.An EMT will be usually be scheduled for a 56-hour schedule to coincide with the firesuppression/operations schedule on 24-hour shifts. An EMT shall receive overtime compensationfor all work in excess of 40 hours in any one work week (unless otherwise required by law).
C. The Fire Chief or designee may establish reasonable regulations regarding hours worked,daylight savings time, lost time, general leave, shift exchanges, etc. These regulations may bemodified and/or updated from time to time at the sole discretion of the Fire Chief or designee inaccordance with federal, state, and/or local laws governing employment.
D. In determining an employee’s eligibility for overtime, paid leaves shall be included in thetotal hours worked. Excluded from the total hours worked are duty free lunches, travel time toand from work (except for emergency call-back), and time spent conducting bona fide volunteeractivities.
In addition, any employee required to perform work in excess of an employee’s normal scheduled shift shall receive overtime compensation.
For FLSA overtime, the regular rate of pay shall be calculated in conformance with the FLSA.
There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
E. Employees shall be subject to having their daily work schedule changed at the sole discretionof the city. Such changes include, without limitation: (1) number of days/hours to be worked on adaily basis and in a payroll period; (2) normal days off; and (3) starting/ending times of assigned
shifts.
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SECTION 6. ASSIGNMENT AS PARAMEDIC/FIREFIGHTER TRAINEE
The Fire Department may identify one EMT per calendar year to be assigned to the position of
Paramedic/Firefighter (PM/FF) Trainee. Selection for this assignment will be based on a competitive application and selection process upon completion of all department requirements for eligibility. This position will report to an assigned training program for Firefighter I academy training and/or Paramedic training. Upon successful completion of all requirements for the
position of Paramedic/Firefighter, the EMT may be eligible for promotion to the position of
Paramedic/Firefighter upon successful completion of a Carlsbad Physical Abilities test and interview process with the Fire Chief or designee. The EMT position will be held for the employee assigned as a PM/FF Trainee. If the EMT is unsuccessful in the assigned training program(s), the EMT will return to the EMT position. The EMT may repeat the application and
selection process for Paramedic/Firefighter Trainee at a later date.
SECTION 7. BEREAVEMENT LEAVE
In the event of the death of an EMT’s immediate family member, the employee may take 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 Fire Chief or designee and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay.
“Immediate family” includes 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 EMT, or any person for whom the EMT 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.
The EMT may be required to submit proof of the family member’s death before being granted bereavement leave.
SECTION 8. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE
Short-Term Disability
The city will provide EMTs 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 EMT’s pre-disability base salary, up to a maximum base salary of $150,000.
Long-Term Disability
The city will provide EMTs with city-paid long-term disability insurance. This insurance shall provide for a 90 calendar day waiting period prior to payment eligibility and the long-term disability benefits shall be provided at 66 2/3% of the EMT’s pre-disability base salary, up to a maximum base salary of $150,000.
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Use of Accrued Paid Time Off While Receiving Disability Benefits The EMT shall use the EMT’s accrued paid time off (e.g., vacation, sick leave) during the
disability insurance waiting period. The EMT 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 the EMT’s base salary while receiving the disability payments. Refer to the disability plan documents for information on which types of accrued paid time off may be combined with disability payments.
SECTION 9. ANNUAL VACATION LEAVE
A.Basis of AccrualThe annual vacation leave accrual schedule will be:
Less than 3 full calendar years of continuous service -13 minutes/day3 through 4.99 full calendar years of continuous service -16 minutes/day5 through 9.99 full calendar years of continuous service -20 minutes/day10 through 10.99 full calendar years of continuous service -21 minutes/day
11 through 11.99 full calendar years of continuous service -22 minutes/day
12 through 12.99 full calendar years of continuous service -24 minutes/day13 through 14.99 full calendar years of continuous service -25 minutes/day15 or more full calendar years of continuous service -26 minutes/day
Vacation leave is accrued on a daily basis. Vacation leave can be used in 15 minute
increments.
B.Vacation Accrual MaximumAn EMT will not be allowed to earn and accrue vacation hours in excess of the 320 hour
maximum.
If there are unusual circumstances that would require an EMT to exceed the vacation accrual maximum, the EMT must submit a request in writing to the Fire Chief or designee and the City Manager. The Fire Chief or designee 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.
C.Vacation Conversion
1)An EMT is eligible to submit an irrevocable request to elect to cash out up to 80
hours of accrued vacation hours for the following calendar year.
2)An EMT may convert accrued vacation to cash in the year following the electionby completing 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.
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3) Only vacation hours accrued during the calendar year following the election maybe cashed out. If the EMT accrues less than the election amount, the EMT may
cash out no more than the total vacation accrual in the following calendar year.
4)The EMT’s accrued vacation to convert to cash will be credited first to the cashout account with the EMT’s earned vacation leave until the EMT’s full electionamount is reached. The vacation hours designated to the cash out account will not
be credited toward the EMT’s maximum vacation accrual. During this period of
time, no earned vacation leave will be credited to the EMT’s vacation time offbalance.
5) Payment of vacation hours elected for cash out will be in the last paycheck in
December unless the EMT has accrued all the elected vacation hours by June 30,
in which case payment of the elected vacation hours may be cashed out in July atthe EMT’s request. All vacation hours will be paid in the calendar year in whichthe vacation hours accrue. If an EMT does not accrue all requested vacationhours in the calendar year, the vacation payment amount will be reduced to the
total number of vacation hours the EMT actually accrues in the calendar year and
the payout will be made no later than the last pay date in the calendar year.
6) The vacation payment amount will be based on the EMT’s rate of pay at the timeof the payout. The vacation payment amount is taxable income, subject to all
applicable withholding amounts and payroll deductions.
7)If the EMT does not elect to cash out vacation by December 10, they waive theirright to do so and will not be allowed to cash out any vacation accruing in thefollowing year.
D.Effect of Leave of Absence on Accrual of Vacation Leave
See Section 21 for the effect of an extended leave of absence on vacation accrual.
E.Compensation for City Work During Vacation Prohibited
An EMT shall not be permitted to work for compensation for the city in any capacity,except compensation for mandated court appearances, during the time of the EMT’s paid vacation leave from city service. This clause shall not limit the city’s right to recall the
EMT from vacation in the event of an emergency and place the EMT on regular pay status.
F.Scheduling Vacations
An EMT may take annual vacation leave at any time during the year, contingent upon
determination by the EMT’s Department Head that such absence will not materially affect
the department. The EMT must consider the needs of the service when requesting annual vacation leave. All vacation requests must be placed in the city’s timekeeping system per the Department Directive. When a family emergency arises which necessitates the use of
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vacation time, the EMT shall provide as much advance notice as possible considering the particular circumstances.
G.Terminal Vacation Pay
The dollar value of an EMT’s accrued vacation balance as of the EMT’s last day onpayroll shall be paid to the EMT upon separation of employment at the EMT’s base rate
of pay at separation. When separation is caused by the death of the EMT, payment shall
be made to the estate of the EMT or, in applicable cases, as provided in the California Probate Code.
SECTION 10. SICK LEAVE
An EMT shall accrue sick leave at a rate of 16 minutes per day. Sick leave is accrued on a daily basis. Sick leave can be used in 15 minute increments.
A.Use of Sick Leave
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 EMT or an EMT’s immediate family member. “Immediate family members” means
the same for this Section as it does for Section 7 – Bereavement Leave.2.If the EMT is a victim of domestic violence, sexual assault, or stalking, for the purposesdescribed in California Labor Code Sections 230(c) and 230.1(a), including obtainingrelief (e.g., a restraining order), to obtain domestic violence services, or to seek medical
or mental health treatment.
The EMT may request to use paid sick leave either orally or in writing using the city’s electronic scheduling system. If the need for paid sick leave is foreseeable, the EMT shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the EMT shall
provide notice of the need for the leave as soon as practicable.
If an EMT separates from the city and is rehired by the city within one year from the date of separation, the EMT’s previously accrued and unused sick leave shall be reinstated.
B.Timekeeping
The EMT must account for all sick leave hours requested via the city’s timekeeping system.
C.Effect of Leave of Absence
See Section 21 for the effect of an extended leave of absence on sick leave accrual.
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D.Sick Leave Conversion
If an EMT has accrued and maintains a minimum of 160 hours of sick leave shall be
permitted to convert up to 120 hours of accumulated uncompensated sick leave tovacation at a ratio of 24 hours of sick leave to 8 hours of vacation. The sick leaveconversion option will be provided during the first week of each fiscal year. will not beallowed to convert sick leave to vacation if such conversion would put them over the
vacation accrual maximum.
SECTION 11. BILINGUAL PAY
The city will provide additional compensation to an EMT, 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.
In order to qualify for and receive bilingual pay, an EMT must pass a bilingual proficiency test
as determined by the city in the foreign language or American Sign Language (ASL).
SECTION 12. FLEXIBLE BENEFITS PROGRAM
EMTs will participate in a flexible benefits program which includes medical insurance,
dental insurance, vision insurance, accidental death and dismemberment insurance
(AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below.
Benefits Credits and Medical Insurance
EMTs 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 EMTs and eligible dependents and those retirees designated in this Section, the minimum amount per
month required under California Government Code Section 22892 for medical insurance
through CalPERS. If electing to enroll for medical benefits, an EMT must select one medical plan from the variety of medical plans offered through CalPERS.
The city shall contribute monthly amounts (called Benefits Credits) on behalf of EMTs
and eligible dependents toward the payment of medical premiums under the CalPERS
health program. The city contribution shall be based on an EMT’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the EMT will pay the difference.
Waiver Provision: If an EMT does not wish to participate in the CalPERS Health
Program, the EMT will have the choice of waiving the city’s medical insurance program, provided the EMT can show proof of coverage under another group insurance program. The benefits credits associated with waiving medical coverage will be set equal to 50% of
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the benefit credits associated with the Employee Only medical coverage level. If this results in a situation where the unused benefit credits associated with any medical plan
exceed the benefit credits associated with waiving medical coverage, the benefit credits
associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan.
Excess and Unused Benefits Credits: If the Benefits Credits exceed the cost of the
medical insurance purchased by the EMT, the EMT 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 EMT in cash and reported as taxable income and included in premium pay in
accordance with the FLSA.
Effective January 1 of each calendar year, the city monthly benefit credits associated with each medical coverage level will be set to dollar amounts that equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee Plus One and Family
coverage levels, rounded to the nearest whole dollar based on the premiums that will take
effect on January 1 of the respective calendar year.
Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance
EMTs may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D
insurance plans at any coverage level.
Retirees If an EMT retires from the city, the EMT is covered by the PEMHCA and is eligible to
participate in the CalPERS Health Program. EMTs 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.
EMTs 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 continued 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.
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SECTION 13. HOLIDAYS
The city shall observe the following scheduled paid holidays, consistent with the annual holiday
schedule published by the Human Resources Department:
New Year’s Day Indigenous Peoples’ Day Martin Luther King Jr.’s Birthday Veterans Day
President’s Birthday Thanksgiving
Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day
While on a 24-hour shift, EMTs shall be compensated for an additional twelve (12) hours of
holiday pay paid at the regular rate per FLSA guidelines on the day each holiday occurs in lieu of having the day off with pay when the holiday falls on a regularly scheduled work shift.
While on any shift other than a 24-hour shift, EMTs will be eligible to have the day off with pay
on the holidays listed above.
See Section 21 for the effect of an extended leave of absence on holiday pay.
Only EMTs who are on paid status on their scheduled workday immediately before a holiday shall
be entitled to the paid holiday.
SECTION 14. RETIREMENT BENEFITS
A.The city has contracted with CalPERS for the following retirement benefits:
Miscellaneous “Classic” Members (those that do not qualify as “New Members” asdefined below)
•EMTs 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.
•EMTs entering City of Carlsbad miscellaneous CalPERS membership for the firsttime on or after November 28, 2011 – The retirement formula shall be 2% @ 60;three-year average final compensation.
“New Members” EMTs 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, without limitation, the following retirement benefits.
•Retirement formula shall be 2% @ 62; three-year average final compensation.
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B.Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of Section 414(h)(2) of the Internal Revenue Code.
EMTs shall make the following employee retirement contributions through payrolldeductions:
•EMTs who are miscellaneous employees subject to the 3% @ 60 benefit formulashall pay all of the employee retirement contribution (8%).
•EMTs who are miscellaneous employees subject to the 2% @ 60 benefit formulashall pay all of the employee retirement contribution (7%).
•EMTs who are miscellaneous employees meeting the definition of “NewMember” under PEPRA shall pay one half of the normal cost rate associated withtheir benefit plan as determined by CalPERS.
C.The city will continue to contract with CalPERS for the third level of 1959 Survivors’Benefit.
D.The city shall continue to contract with CalPERS for the military service credit option.The cost of this option is borne entirely by the EMT. Payments by the EMT to CalPERS
are to be arranged by the EMT directly with CalPERS. Once such a payment schedulehas been approved by CalPERS, the EMT may arrange with the city for such payments tobe made by means of payroll deduction
SECTION 15. AMERICANS WITH DISABILITIES ACT AND OTHER FAIR
EMPLOYMENT LAWS
The city acknowledges the applicability of the Americans With Disabilities Act and other state and federal fair employment laws and intends to apply and implement this document so as to comply with these laws.
SECTION 16. FAMILY LEAVE ACTS
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.
SECTION 17. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a workenvironment free from the effects of drugs and alcohol consistent with the directivesof the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinicallaboratory which is certified by the National Institute on Drug Abuse (NIDA), now
known as the Substance Abuse & Mental Health Services Administration
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(SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification.
This policy is intended to accomplish that objective.
A.Definitions - As Used in This Policy:
1."Drug" means any substance which produces a physical, mental,
emotional or behavioral change in the user, including but not limited to,
prescription medications, heroin, cocaine, morphine and its derivatives,P.C.P., methadone, barbiturates, amphetamines, methamphetamines,alcohol, marijuana, and other cannabinoids.
2.“Workplace” means any site where city-assigned work is performed,
including city premises, city vehicles or other premises or vehicles,while city-assigned work is being conducted, or within a reasonabletime thereafter.
3.“Reasonable suspicion” means a standard for evidence or other
indication of impairment of normal physical or mental skills by alcoholor drugs where such impairment could negatively affect workperformance or could pose a threat to public or employee safety.
B.Employee Responsibilities
1.As a condition of employment, employee 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 premiseswhen 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 wasbased 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 consequencesof the conduct upon which a criminal conviction is based); and
d.abide by all terms of this policy.
2.Employee must notify their supervisor when taking any medication ordrugs, prescription or non-prescription (over-the-counter medications),
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which may interfere with safe or effective performance of their duties or operation of city equipment.
3.Off-duty involvement with any controlled substance including, but notlimited to manufacture, distribution, dispensing, possession, use or anyconviction under a criminal drug statute whose scope and employmentare 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.
C.Employer Searches
For the purpose of enforcing this policy and maintaining a drug-free
workplace, the city reserves the right to search, with notice to the employeeor if no prior notice, in the employee’s presence, all work areas and propertyin which the city maintains full or joint control with the employee, includingbut not limited to city vehicles, desks, lockers, file cabinets, and
bookshelves. These areas remain part of the workplace context even if the
employee has placed personal items in them. Employee is cautioned againststoring personal belongings in work areas under full or joint city controlsince such work areas may be subject to investigation and/or search underthis policy. Employee shall have no expectation of privacy in these areas,
locations or properties.
Employer searches shall occur when there is a determination of “reasonablesuspicion” as defined herein. Such searches shall be conducted by personshaving supervisory and/or other legal authority to conduct such searches.
Searches will not normally occur without concurrence of more than one
supervisor.
The city may conduct searches without notice to the employee or withoutthe employee being present if a valid search warrant has been obtained. The
employee may also consent to a search.
Nothing in this policy shall prevent the city from taking appropriate actionif there is an inadvertent discovery of evidence of drug or alcohol use.
D.Consequences of Violation of Policy
1.Failure to abide by the terms of this policy shall be grounds fordisciplinary action, up to and including termination.
2.In addition to any disciplinary action, an employee who fails to abideby this policy may also be directed or allowed to satisfactorilyparticipate in an approved alcohol or substance abuse assistance orrehabilitation program.
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E.Federal Motor Carrier Safety Improvement Act of 1999 and DOTregulations
The Federal Motor Carrier Safety Improvement Act of 1999 and theCalifornia Vehicle Code apply to an EMT. The city and employees shallcomply with the regulations developed by the Department of Transportationto enforce the Act.
II.DRUG AND ALCOHOL ANALYSIS
A.Pre-employment Drug and Alcohol Analysis
1.Prior to receiving an offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis. At the city'sdiscretion, this analysis may be in the form of "breathalyzer," urine, orblood 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 theworkplace 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'sdiscretion, this analysis may be in the form of "breathalyzer,"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 theemployee to the employee’s home.
2.Some examples of “reasonable suspicion” as defined in Section I.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 ordisability;
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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 theworkplace situation;
f.attributable possession of alcohol or drugs;
g.information obtained from a reliable person with personalknowledge 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 alcoholanalysis 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 whichcould 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 intermination.
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 thecompletion of any testing process and any investigation deemed
necessary by the city.
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 possiblealcohol or drug problem can call the EAP office and arrange for anappointment with a counselor.
B.Employees who are concerned about their alcohol or drug use are stronglyencouraged to voluntarily seek assistance through the EAP. All self-referralcontacts are held in confidence by the EAP.
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C.Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation
of any city policy.
SECTION 18. PARAMEDIC LICENSE PAY
EMTs who possesses their paramedic license and San Diego County accreditation will receive
$110.77 per pay period for paramedic license pay upon approval from their supervisor and successful completion of an evaluation of paramedic skills by the Fire Chief or designee.
SECTION 19. REPORTING VALUE OF UNIFORMS TO CALPERS
EMTs who are Classic Members will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation related to the monetary value of the required uniform, excluding boots. Under PEPRA, this benefit is not reported to CalPERS as special compensation for New Members.
SECTION 20. DEFERRED COMPENSATION
The city shall provide for a Deferred Compensation Plan which may be utilized by EMTs on an optional basis. The city reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented according to the
plan document and without cost to the city.
SECTION 21. LEAVE OF ABSENCE
A.Occupational Injuries or Illnesses
If an EMT sustains a work related injury or illness and becomes temporarily disabledfrom work as a result, the EMT may receive the EMT’s full salary, in lieu of the statemandated temporary disability benefit, for a period of up to 45 calendar days for anysingle incident. The periods of temporary disability need not be continuous. Any
aggravation of a pre-existing occupational injury or illness will be treated as such and
not as a new injury. In this situation, the EMT will not be entitled to any occupationalsick leave benefit which exceeds the original maximum of 45 calendar days. The cityreserves the right to determine whether occupational sick leave will be granted.Granting of occupational sick leave will be subject to the same procedures and
standards (including predesignated physicians, resolution of disputes over benefits,
use of Agreed Medical Examiners, etc.) as used in workers’ compensation mattersand/or FMLA/CFRA matters.
If an EMT continues to be unable to work after the above described benefits have
been exhausted and the EMT has not been retired, the EMT will receive workers’
compensation temporary disability payments as provided in the California LaborCode. To the extent these benefits are less than the EMT’s full regular pay, the EMTshall supplement them by using accrued sick leave and/or vacation to reach the
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amount equal to the EMT’s full regular pay until the EMT’s leave balances reach zero, at which time the EMT would commence an unpaid leave of absence (i.e., the
EMT would not receive a city paycheck).
B.Non-Occupational Injuries or Illnesses
If an EMT is temporarily unable to work due to a non-occupational illness or injury,
the EMT will receive those disability benefit payments for which the EMT is eligible
and applies. To the extent that these benefits are less than the EMT’s full regularpay, the EMT shall supplement them by using accrued sick leave and or vacation toreach the amount equal to the EMT’s full regular pay until the EMT’s leave balancesreach zero, at which time the EMT would commence an unpaid leave of absence.
C.To the extent permitted by law, a leave of absence under this section will runconcurrently with any FMLA or CFRA leave of absence an EMT is entitled to receiveit.
D.Leave of Absence Without Pay
1.General Policy
An EMT may be granted a leave of absence without pay pursuant to the approval
of the Fire Chief or designee for less than two calendar weeks. If the duration of
the leave of absence will be longer, the approval of the City Manager or designee is required.
An EMT shall utilize all the EMT’s vacation and/or sick leave (if applicable) prior
to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
a)Illness or disability.
b)To take a course of study which will increase the EMT’s usefulnesson return to the EMT’s position.
c)For personal reasons acceptable to the Fire Chief or designee and
City Manager.
d) Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall state
specifically the reason for the request, the date when the leave is desired to begin,
the probable date of return, and the agreement to reimburse the city for any benefit premiums paid by the city during the leave of absence. The request shall normally be initiated by the EMT but may be initiated by the Fire Chief or designee, and, if
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applicable, shall be promptly transmitted to the City Manager or designee for approval. A copy of any approved request for leave of absence without pay with a
duration equal to or greater than two calendar weeks shall be delivered promptly to
the Directors of Finance and Human Resources.
2.Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed six months,
unless otherwise approved by the City Manager. The procedure for granting extensions shall be the same as that in granting the original leave provided that the request for extension is made no later than 14 calendar days prior to the expiration of the original leave.
3.Return From Leave
When an EMT intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, the EMT shall contact the Fire
Chief or designee at least 14 calendar days prior to the day the EMT plans to return.
The Fire Chief or designee shall promptly notify the Human Resources Department of the EMT’s intention. The EMT shall return at a rate of pay not less than the rate at the time the leave of absence began.
4.Leave Without Pay - Insurance Payments and Privileges
While on leave without pay, an EMT may continue the EMT’s city insurance benefits by reimbursing the city for the EMT’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits
during the term of a leave of absence will result in the EMT’s coverage terminating
on the first day following the month in which the last payment was received.
Upon EMT’s return to paid status, any sums due to the city shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment
plans entered into between the city and the EMT (e.g., computer loan).
Upon eligibility for continuation of healthcare benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), the EMT will be notified of the COBRA process.
While on leave of absence without pay, an EMT shall not have all of the privileges granted during regular duty service.
E.Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordancewith the provisions of state and federal law. In the case an EMT is disabled by pregnancy, childbirth or a related medical condition, the EMT shall be allowed to
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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 EMT is disabled on account of
pregnancy, childbirth, or related conditions.
The EMT shall give the city reasonable notice of the date the leave shall commence and the estimated duration of the leave.
If the EMT is disabled by pregnancy, the EMT may be eligible to return to work on a light duty assignment per the Department Directive regarding a non-occupational illness/injury.
F.Extended Leave of Absence
Upon completion of either 84 consecutive calendar days (12 weeks) of leave ofabsence (paid or unpaid and except when leave is ordered by the city or when theEMT is on an active duty military leave) the EMT will not be eligible for the
benefits listed below:
1.accrual of sick leave and vacation and2. holiday pay
On the day that the EMT returns to work from the extended leave of absence, the EMT
will resume eligibility for the abovementioned benefits and the EMT’s vacation anniversary date will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive calendar days.
During or immediately following a leave of absence, if the EMT 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 the employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence.
SECTION 22. MILITARY LEAVE
Military leave shall be authorized in accordance with the applicable provisions of state and federal law.
SECTION 23. JURY DUTY
When called to jury duty, the EMT, having provided at least five working days’ written notice from the date of the summons to the Human Resources department, shall be entitled to the EMT’s
regular compensation. If the EMT also receives any compensation from the court for serving on
a jury, the EMT will reimburse the City for the amount the EMT received from the court. The EMT shall be entitled to keep mileage reimbursement paid and/ or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees.
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If the EMT is released early from jury duty, the EMT shall report to the EMT’s supervisor for
assignment for the duration of the workday. At the discretion of the supervisor, the EMT may be
released from reporting back to work if an unreasonable amount of the workday remains in light of travel time to the job site after release.
SECTION 24. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE
AND VOLUNTARY BENEFITS
EMTs 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.
EMTs shall receive city paid Accidental Death and Dismemberment 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 EMT’s cost. An EMT may select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 760-602-2440.
SECTION 25. WELLNESS
The city shall contract with a wellness program provider to provide a wellness program to EMTs.
Participation in educational components is mandatory. EMTs are strongly encouraged to
participate in the comprehensive fitness assessment and in the blood chemistry evaluation;
however, an EMT may choose not to participate in either of these two components. All information and results from this general fitness evaluation are confidential in accordance with federal and state medical information privacy laws, non-punitive and will be given only to the EMT.
SECTION 26. PAID FAMILY LEAVE
Per Administrative Order No. 84, EMTs 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.
SECTION 27. DEFENSE AND INDEMNIFICATION
The city will defend an EMT in an action or proceeding brought against the EMT in accordance with the requirements and limitations in California Government Code Sections 995 through
996.6. The city will indemnify an EMT for a judgment for compensatory damages in accordance
with the requirements and limitations in California Government Code Sections 825-825.6.
MANAGEMENT COMPENSATION AND BENEFITS PLAN
TABLE OF CONTENTS
Section 1 Introduction ............................................................................Page 2
Section 2 Compensation ........................................................................Page 2 Pay Ranges .......................................................................Page 2 Compensation Adjustments ............................................Page 3 Survey Market ..................................................................Page 3
Section 3 Benefits and Other Types of Pay ...........................................Page 4
Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits ....................Page 4 Retirement ........................................................................Page 4 Leave of Absence .............................................................Page 5
1.Vacation ..............................................................Page 6
2.Executive Leave .................................................Page 9 3.Sick Leave ..........................................................Page 9 4.Bereavement Leave ............................................Page 10 5.Leave Without Pay .............................................Page 10
6. Pregnancy Disability Leave ................................Page 12
7.FMLA .................................................................Page 12 8.Military Leave ....................................................Page 12 9. Jury Duty ............................................................Page 12 10. Extended Leave of Absence ...............................Page 13
11. Paid Family Leave ..............................................Page 13
Separation Compensation ................................................Page 13 Holidays ...........................................................................Page 13 Health Benefits.................................................................Page 14 Health Insurance for Retirees...........................................Page 16
Physical Fitness Reimbursement .....................................Page 16
Short-Term and Long-Term Disability Insurance (LTD) Page 16 Deferred Compensation ...................................................Page 17 Drug and Alcohol Policy .................................................Page 17 Uniform Reimbursement and Reporting the Value
of Uniforms to CalPERS ..................................................Page 17
Fire Safety Management ..................................................Page 18 Special Assignment and Temporary Upgrade Pay ..........Page 19 Educational Incentive Pay................................................Page 20
Attachment F
Management Compensation and Benefits Plan
2 Revised 1/17/2022
SECTION 1: INTRODUCTION
The Management Compensation and Benefits Plan contains three parts: 1) an introduction, 2) an overview of compensation and 3) a description of benefits for management employees.
Definitions
1.Management Employees - Management employees are defined as those employees
whose classifications are listed on the Management Salary Structure. Except as to thosemanagement employees subject to an applicable law, all management employees areconsidered “at-will” and have no property rights to their position. At will employmentwith the City may be terminated at any time by either party, with or without cause, for
any reason or no reason whatsoever, and with or without advance notice. At will
employees do not have the right to appeal.
2.City Council Appointed Employees - The City Manager and City Attorney are hired byand responsible directly to the City Council. The salaries for these positions shall be set
by the City Council. The City Manager and City Attorney will not be subject to the
provisions of the Compensation program as outlined in Section 2 of this document. Theschedule of management benefits (as outlined in Section 3 of this document) will applyto these positions, except as otherwise provided by the City Council.
SECTION 2: COMPENSATION
Pay Ranges
Each management job classification is assigned to a specific pay range. An employee may be paid
anywhere in the pay range associated with their job classification.
Any employee may be advanced in the pay range regardless of the length of time served at the employee’s present pay rate. This advancement requires the written recommendation of the employee’s manager and the approval of the employee’s department head and City Manager (or
City Attorney, for management employees in the City Attorney’s Office)1.
If, as a result of a pay range adjustment, an employee’s base salary falls below the minimum of the pay range, the employee’s salary will be increased to the new range minimum as of the date City Council approves the pay range adjustment.
Periodically the Human Resources Department will bring forth salary range movement recommendations to City Council that are based on market and economic conditions, and may include one or more salary ranges.
_____________________________
1 Hereafter, all references to the City Manager include, with regard to management employees in the City Attorney’s Office, the City Attorney.
Management Compensation and Benefits Plan
3 Revised 1/17/2022
Compensation Adjustments
Effective January 1, 2023, all management employee salaries will be increased by 3.5 percent. As a result, all management salary ranges will be adjusted to reflect this increase. An employee’s salary may not exceed the maximum of the pay range for their classification.
Survey Market
In keeping with the City Council’s philosophy of surveying the total compensation of local agencies, the agencies listed below will be considered in the survey market for management classifications.
•City of Chula Vista
•City of Coronado
•City of Del Mar
•City of El Cajon
•City of Encinitas
•City of Escondido
•City of Imperial Beach
•City of La Mesa
•City of National City
•City of Oceanside
•City of Poway
•City of San Marcos
•City of Solana Beach
•City of San Diego
•City of Santee
•City of Vista
•County of San Diego
In addition to the agencies listed above, the following agencies will be considered in the survey
market only for Utilities Director, Utilities Manager and Utilities Supervisor classifications.
•Encina Wastewater Authority
•Helix Water District
•Olivenhain Municipal Water District
•Otay Water District
•Padre Dam Municipal Water District
•Vallecitos Water District
•Vista Irrigation District
The Human Resources Department will compare salary and benefits information on each City of
Carlsbad benchmark classification with appropriate classifications in the survey market. Those classifications that are considered benchmarks are those in which there was a substantial match between the competencies and duties required for jobs at the City of Carlsbad and those for jobs in the survey market.
Each City of Carlsbad job classification is assigned to a specific pay range. The non-benchmark positions are assigned to a pay range based on internal relationships, responsibility and/or
Management Compensation and Benefits Plan
4 Revised 1/17/2022
knowledge, skills and abilities of jobs. The benchmark salary data will be surveyed regularly and
the benchmark comparisons will be modified when the classifications change within the
organization.
The City Council delegates to the City Manager the authority to create and change job classifications and assign job classifications to a specific pay range, based on both benchmark salary
information and internal relationships within the organization.
SECTION 3: BENEFITS AND OTHER TYPES OF PAY
Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits
All management employees shall receive city-paid life insurance in an amount equal to two times their base salary up to a maximum benefit of $400,000. To determine benefits, the amount of insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple.
Effective January 1, 2020, all management employees shall receive city paid Accidental Death and
Dismemberment (AD&D) insurance in an amount equal to two times their base salary up to a maximum benefit of $400,000. To determine the benefit, the amount of insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple.
The City provides various voluntary benefits available at the employee’s cost. Employees may
select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 760-602-2440.
Retirement
All management employees shall participate in the California Public Employees' Retirement System (CalPERS). The specific retirement formula applied will be determined based on whether the position is deemed safety or miscellaneous. All positions not deemed eligible for safety retirement will be deemed miscellaneous under the CalPERS system. Optional benefits unique to the City of
Carlsbad’s contract with CalPERS are outlined in the contract between the city and CalPERS. A
copy of this contract is kept on file in the Human Resources Department.
Management employees who are considered fire safety employees are eligible for the same retirement benefit formula and are subject to the same optional retirement benefits described in the
City of Carlsbad CalPERS safety contract (and are the same as those provided to employees
represented by the Carlsbad Firefighters' Association, Inc.). Unrepresented sworn police management employees are eligible for the same retirement benefit formula and are subject to the same optional retirement benefits described in the City of Carlsbad CalPERS safety contract (and are the same as those provided to employees represented by the Carlsbad Police Officers’
Association).
A.The City has contracted with CalPERS for the following retirement benefits:
Miscellaneous “Classic” Members (those that do not qualify as “New Members” as
defined below)
Management Compensation and Benefits Plan
5 Revised 1/17/2022
a)Employees entering City of Carlsbad miscellaneous CalPERS membership for the first
time prior to November 28, 2011 - The retirement formula shall be 3% @ 60; single
highest year final compensation.b) Employees entering City of Carlsbad miscellaneous CalPERS membership for the firsttime on or after November 28, 2011 - The retirement formula shall be 2% @ 60; threeyear average final compensation.
c)Employees entering City of Carlsbad safety CalPERS membership for the first time prior
to October 4, 2010 - The retirement formula shall be 3% @ 50; single highest year finalcompensation.d) Employees entering City of Carlsbad safety CalPERS membership for the first time onor after October 4, 2010 – The retirement formula shall be 2% @ 50; three year average
final compensation.
“New Members” Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who
has never been a CalPERS member or member of a reciprocal system or who has had a
break in CalPERS service of at least 6 months or more) will be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits.
a) Miscellaneous employees - Retirement formula shall be 2% @ 62; three year average
final compensation.
b)Safety employees - Retirement formula shall be 2.7% @ 57; three year average finalcompensation.
B.Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementingprovisions of section 414(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
•miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all ofthe employee retirement contribution (8%),
•miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of
the employee retirement contribution (7%),
•safety employees subject to the 3% @ 50 or 2% @ 50 benefit formulas shall payall of the employee retirement contribution (9%), and
•miscellaneous and safety employees who meet the definition of “New Member”
under PEPRA shall pay one half of the normal cost rate associated with theirbenefit plan.
Leave of Absence
Management employees are exempt from overtime requirements under the Fair Labor Standards Act. Management employees in the City are paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29 CFR Section 541.5d, the City can make deductions from salary or leave accounts for partial day absences for personal reasons or sickness because the City has a policy and
Management Compensation and Benefits Plan
6 Revised 1/17/2022
practice of requiring its employees to be accountable to the public that they have earned their
salaries. A partial day absence is an absence of less than the employee's regular work day.
Pursuant to FLSA regulation 29 CFR Section 541.118 (a)(2) and (a)(3), the City may make salary or leave reductions based upon full day absences.
Partial day or full day absences shall be first charged against the exempt employee's vacation, sick,
or executive leave account. In the event the exempt employee does not have sufficient time in
his/her leave account to cover the absence, deductions without pay will be made on full days only.
1.Vacationa.Vacation Accrual
Every management employee shall accrue vacation leave for each calendar year of
actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15 minute increments.
All management employees (except Fire Battalion Chiefs, Assistant Police Chief, and Police Chief) shall earn vacation on the following basis:
- Beginning with the first (1st) working day through the completion of five (5)full calendar years of continuous service - 13 minutes/day.
- Beginning the sixth (6th) year of employment through the completion of ten
(10) full calendar years of continuous service - 20 minutes/day.
- Beginning the eleventh (11th) year of employment through the completion ofeleven (11) full calendar years of continuous service - 21 minutes/day.
- Beginning the twelfth (12th) year of employment through the completion of
twelve (12) full calendar years of continuous service - 22 minutes/day.
- Beginning the thirteenth (13th) year of employment through the completionof thirteen (13) full calendar years of continuous service - 24 minutes/day.
- Beginning the fourteenth (14th) year of employment through the completionof fifteen (15) full calendar years of continuousservice - 25 minutes/day.
- Beginning the sixteenth (16th) year of continuous employment, vacation time
shall be accrued, and remain at a rate of 26 minutes/day for every fullcalendar year of continuous employment thereafter.
Management employees with comparable service may be granted credit for such
service for the purpose of computing vacation at the discretion of the City Manager.
All management employees shall be permitted to earn and accrue up to and including three hundred and twenty (320) hours of vacation, and no employee will be allowed to earn and accrue vacation hours in excess of the three hundred and twenty (320) hour maximum.* The City Manager shall be responsible for the granting of vacation
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to all management personnel, except in the case of the City Attorney’s Office, where
the City Attorney shall be responsible for granting vacation.
*If there are unusual circumstances that would require an employee to exceed the vacation accrual
maximum, he/she must submit a request in writing to the Department Head and the City Manager orDesignee. The Department Head and the City Manager or Designee may grant such a request if it isin the best interest of the City. Requests will be handled on a case-by-case basis and will beconsidered only in extreme circumstances.
Fire Battalion Chiefs shall accrue vacation in the same manner and up to the same
maximum as Carlsbad Firefighters' Association (CFA) represented employees.
For Fire Safety Management employees who contribute to the post-retirement healthcare trust established by CFA, Inc. and who work a 112 hour/pay period schedule, each year, in the last paycheck in December, all accrued vacation hours over
384 hours will be deposited into the employee’s individual post-retirement
healthcare trust account.
For Fire Safety Management employees who contribute to the post-retirement healthcare trust established by CFA, Inc. and who work an 80 hour/pay period
schedule, each year, in the last paycheck in December, all accrued vacation hours over
256 hours will be deposited into the employee’s individual post-retirement healthcare trust account.
The Assistant Police Chief and Police Chief shall accrue vacation in the same
manner and up to the same maximum as Carlsbad Police Management Association
(CPMA) represented employees.
b. Vacation Conversion
Employees, except for Fire Safety Management employees who contribute to the
post-retirement healthcare trust established by CFA, Inc. are eligible to submit an irrevocable request to elect to cash out up to 80 hours (or up to 112 hours if a Battalion Chief on a 112 hours/pay period schedule) of accrued vacation hours for the following calendar year.
1. All employees wishing to convert accrued vacation to cash in the year followingthe election will complete a form between November 10 and December 10 ofeach year. Elections will not carry over from one calendar year to the nextcalendar year.
2. Only vacation hours accrued during the calendar year following the election maybe cashed out. Employees accruing less than the election amount may cash out nomore than their total vacation accrual in the following calendar year.
3. 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’sfull election amount is reached. The vacation hours designated to the cash outaccount will not be credited toward the employee’s maximum vacation accrual.
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During this period of time, no earned vacation leave will be credited to the
employee’s vacation time off balance.
4.Payment of vacation hours elected for cash out will be in the last paycheck inDecember unless the employee has accrued all the elected vacation hours by June30, 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 allrequested vacation hours in the calendar year, the vacation payment amount willbe reduced to the total number of vacation hours the employee actually accrues inthe calendar year and the payout will be made no later than the last pay date in
the calendar year.
5. The vacation payment amount will be based on the employee’s rate of pay at thetime of the payout. The vacation payment amount is taxable income, subject toall applicable withholding amounts and payroll deductions.
6. An employee who does not elect to cash out vacation by December 10 waivestheir right to do so and will not be allowed to cash out any vacation accruing inthe following year.
Fire Safety Management employees who contribute to the post-retirement healthcare
trust established by CFA, Inc., are eligible to submit an irrevocable request to elect to convert accrued vacation hours for the following calendar year to be deposited into the employee’s individual post-retirement healthcare trust account in the same manner established for employees represented by CFA, Inc. There shall be no cash
option available to these employees for the conversion of unused accrued vacation
hours.
c.Vacation Payout
An employee separating from the City service, except for a Fire Safety Management
employee who contributes to the post-retirement healthcare trust established by CFA, Inc., who has a balance of unused accrued vacation leave shall be entitled to be paid for the remainder of their unused accrued vacation leave as of their last day on payroll.
For Fire Safety Management employees who contribute to the post-retirement healthcare trust established by CFA, Inc., upon separation of employment, one hundred percent (100%) of the value of all remaining unused accrued vacation hours shall be converted to the employee’s individual account in the Post-Retirement
Healthcare Trust and/or a City-sponsored 457 Plan at the base rate of pay in effect at
the time of separation from the City. Allocation amounts to either or both the Post-Retirement Healthcare Trust individual account and 457 Plan will be at the employee’s discretion and subject to Internal Revenue Service regulations. The employee shall be responsible for ensuring their contributions to a 457 Plan do not
exceed the maximum allowed per law. If the amount of terminal vacation pay the
employee converts to a 457 Plan causes their 457 contributions to exceed the
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maximum allowed per the law and those contributions are returned to the City, the
City will deposit the amount returned into the employee’s individual account in the
Post-Retirement Healthcare Trust. There shall be no cash option available to the employee for the conversion of unused accrued vacation hours at the time of separation. The default will be to convert 100% of the unused vacation hours into the Post-Retirement Healthcare Trust individual account unless the employee
designates conversion to the City-sponsored 457 Plan no later than 14 calendar days
prior to the employee’s last pay date.
2.Executive Leave (E-time)
Effective July 1, 2018, all management personnel shall receive sixty-four (64) hours per
fiscal year for executive leave. The sixty-four (64) hours will be credited upon hire orpromotion into management and at the beginning of each fiscal year to individual leavebalances. This leave must be used within the same fiscal year. The City Manager isauthorized to provide ten (10) additional hours of executive leave per year to any
management employee who is required to work extended hours due to emergencies such as
fires, storms, floods, or other emergencies.
3.Sick Leave
Sick leave can be used in 15 minute increments.
Sixteen (16) minutes of sick leave are accrued per calendar day. Accumulation is unlimited(employees cannot receive payment for unused sick leave). Fire Battalion Chiefs that worka 112 hour/pay period schedule shall accrue sick leave sick leave at a rate of 25 minutes per
day. A Fire Battalion Chief who changes from a 112 hour/pay period schedule to an 80
hour/pay period schedule as a result of an administrative assignment or an occupationalinjury assignment (either full or light/modified duty) will continue to accrue at a rate of 25minutes per day during this assignment.
Any management employee, except a Fire Safety Management employee, who has accrued
and maintains a minimum of one hundred (100) hours of sick leave shall be permitted toconvert up to twelve (12) days of sick leave and uncompensated sick leave to vacation at aratio of three (3) sick leave days per one (1) day of vacation. The sick leave conversionoption will be provided during the first week of each fiscal year. Conversion can only be
made in increments of full day vacation days. Employees will not be allowed to convert
sick leave to vacation if such conversion would put them over the vacation accrualmaximum.
Fire Safety Management employees shall be eligible for sick leave conversion based on the
following guidelines.
For a Fire Safety Management employee on an 80 hour/pay period schedule: Any employee who has accrued and maintains a minimum of 160 hours of sick leave shall be permitted to convert up to 120 hours of accumulated uncompensated sick
leave to either accrued vacation hours or to the employee’s post-retirement
healthcare trust account at a ratio of 24 hours of sick leave to 8 hours of
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vacation/contributions to the employee’s post-retirement healthcare trust. The sick
leave conversion option will be provided during the first week of each fiscal year.
Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. No cash option will exist for sick leave conversion.
For a Fire Safety Management employee on a 112 hour/pay period schedule:
Any employee who has accrued and maintains a minimum of 240 hours of sick leave shall be permitted to convert up to 288 hours of accumulated uncompensated sick leave to either accrued vacation hours or to the employee’s post-retirement healthcare trust account at a ratio of 72 hours of sick leave to 24 hours of
vacation/contributions to the employee’s post-retirement healthcare trust. The sick
leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. No cash option will exist for sick leave conversion.
Any permanent employee applying for retirement with the Public Employees’ Retirement System may convert accrued and unused sick leave time to extend service time in the system at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service.
4.Bereavement Leave
An employee may use up to an equivalent of three work days of paid leave if required to beabsent from duty due to the death of a member of the employee’s immediate family.Additional time off may be authorized by the Department Head and charged to accrued
vacation or sick leave or, when no accrued leave is available, treated as leave without pay.
The “immediate family” shall be defined in the personnel rules and regulations.
The employee may be required to submit proof of relative’s death before final approval of
bereavement leave is granted.
5.Leave of Absence Without Pay
a.General Policy
Any employee may be granted a leave of absence without pay pursuant to theapproval of his/her Department Head for less than two calendar weeks. If theduration of the leave of absence will be longer, the approval of the City Manager orhis/her designee is required.
An employee shall utilize all his/her vacation, e-time and/or sick leave (if applicable)prior to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
1.Illness or disability.
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2.To take a course of study which will increase the employee’s
usefulness on return to his/her position in the City service.
3. For personal reasons acceptable to the City Manager and DepartmentHead.
b.Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall statespecifically the reason for the request, the date when the leave is desired to begin, theprobable date of return, and the agreement to reimburse the City for any benefitpremiums paid by the City during the leave of absence. The request shall normally
be initiated by the employee, but may be initiated by his/her Department Head, and,
if applicable, shall be promptly transmitted to the City Manager or his/her designeefor approval. A copy of any approved request for leave of absence without pay witha duration equal to or greater than two calendar weeks shall be delivered promptly tothe Directors of Finance and Human Resources.
c. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed six months,unless otherwise approved by the City Manager. The procedure for granting
extensions shall be the same as that in granting the original leave provided that the
request for extension is made no later than fourteen (14) calendar days prior to theexpiration of the original leave.
d.Return From Leave
When an employee intends to return from an authorized leave of absence withoutpay either before or upon the expiration of such leave, he/she shall contact his/herDepartment Head at least fourteen (14) calendar days prior to the day he/she plans toreturn. The Department Head shall promptly notify the Human Resources
Department of the employee’s intention. The employee shall return at a rate of pay
not less than the rate at the time the leave of absence began.
e. Insurance Payments and Privileges
An employee on leave without pay may continue his/her City insurance benefits by
reimbursing the City for the employee’s costs of insurance on a monthly basis duringthe period of the leave. Failure to reimburse the City for such benefits during theterm of a leave of absence will result in the employee’s coverage terminating on thefirst day following the month in which the last payment was received.
Upon the employee’s return to paid status, any sums due to the City shall be repaidthrough payroll deductions. This applies to sums due for insurance as well as otherpayment plans entered into between the City and the employee (e.g., computer loan).
Upon eligibility for COBRA, the employee will be notified of the opportunity to
continue benefit coverage via the COBRA process.
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An employee on leave of absence without pay shall not have all of the privileges
granted to regular employees (e.g., holiday pay), unless required by law.
6.Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance with theprovisions of State and Federal law. An employee disabled by pregnancy shall be allowedto utilize a combination of accrued sick leave and vacation time and leave without pay totake a leave for a reasonable period of time, not to exceed four months. An employee shall
utilize all accrued leave prior to taking leave without pay. Reasonable period of time means
that period during which the employee is disabled on account of pregnancy, childbirth, orrelated conditions.
An employee who plans to take a leave pursuant to this article shall give the City reasonable
notice of the date the leave shall commence and the estimated duration of the leave.
7.Family and Medical Leave of Absence (FMLA)
An employee may be granted a FMLA of up to 12 weeks in a 12 month period for one or
more of the following reasons:
- for the birth/placement of a child for adoption or foster care,-to care for an immediate family member with a serious health condition, or-to take medical leave when the employee is unable to work because of a seriouscondition.
FMLA may be paid or unpaid and may be granted concurrently and in conjunction with other leave and benefit provisions. Specific details regarding the provisions of this leave are available by contacting the Human Resources Department.
8.Military Leave
Military leave shall be authorized in accordance with the provisions of State and Federallaw. The employee must furnish satisfactory proof to his/her Department Head, as far inadvance as possible, that he/she must report to military duty.
9.Jury Duty
When called to jury duty, an employee shall be entitled to his/her regular compensation.Employees released early from jury duty shall report to their supervisor for assignment for
the duration of the shift. Employees shall be entitled to keep mileage reimbursement paid
while on jury duty.
A Department Head may, at his/her sole discretion, contact the court and request anexemption and/or postponement of jury service on behalf of an employee.
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Employees released early from jury duty shall report to their supervisor for assignment for
the duration of the work day. At the discretion of the supervisor, an employee may be
released from reporting back to work if an unreasonable amount of the work day remains in light of travel time to the job site after release.
10.Extended Leave of Absence
Upon completion of 84 consecutive calendar days (12 weeks) of leave of absence (paid orunpaid and except when leave is ordered by the city or when an employee is on an activeduty military leave) or completion of a leave of absence related to Section 4850 of theLabor Code, whichever occurs later, an employee will not be eligible for the benefits listed
below:
•accrual of sick leave and vacation,
•car allowance and
•holiday pay for Fire Battalion Chiefs working a 112 hour/pay period schedule.
On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s vacation anniversary date and seniority (calculation of continuous service with the City)
will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive
calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer.
11.Paid Family Leave
Effective January 1, 2020, per Administrative Order No. 84, all management employees willbe eligible for 160 hours per year of paid family leave to care for an immediate familymember or bond with a new child.
Separation Compensation
All management employees involuntarily separated from the City service due to budget cutbacks, layoffs, contracting out of service or for other reasons not due to misconduct which would justify involuntary separation shall receive one month’s salary computed at the employee's actual salary at
the time of separation.
Holidays
All management employees shall be paid holidays in accordance with the schedule of eleven (11)
holidays as established by the City Council. The scheduled paid holidays that will be official City
holidays shall be as follows: New Year’s Day Indigenous Peoples’ Day Martin Luther King’s Birthday Veterans Day Presidents’ Day Thanksgiving Day
Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day
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Fire Battalion Chiefs are compensated for holidays in the manner outlined below.
1)Suppression personnel on an administrative assignment are ineligible for the holiday paylisted above. These personnel will receive straight time pay when they are regularlyscheduled to work on the holidays listed above.
2)Fire Prevention personnel and personnel on a non-occupational injury light/modified duty
assignment will be eligible to have the day off with pay on the holidays listed above.
3)Suppression personnel working a 112 hour/pay period schedule and personnel on anoccupational injury light/modified duty assignment shall be compensated for an additional
twelve (12) hours of holiday pay (using a base salary rate that excludes additional pays)
on the day the holiday occurs.
Only employees who are on employed status on their last scheduled work day before a holiday shall be entitled to the paid holiday except where otherwise required by law.
Effective July 1, 2019, all management employees, including Fire Safety Management employees, will receive two floating holidays per fiscal year, each year on July 1st.
The floating holiday may be used at the discretion of the employee with prior approval of the
employee’s supervisor. The floating holiday must be taken as a full day off. There is no partial day
use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift on that day. Unused floating holidays will not carry over to the next fiscal year and will not paid out upon separation of employment.
Health Benefits
Management employees will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, flexible spending accounts (FSAs) and Accidental Death & Dismemberment insurance (AD&D). Each of these components is outlined below.
1.Medical InsuranceManagement employees will be covered by the Public Employees’ Medical and Hospital CareAct (PEMHCA) and will be eligible to participate in the California Public Employees’Retirement System (CalPERS) Health Program. The City will pay on behalf of all management
employees and their eligible dependents and those retirees mentioned in the section of this
document titled, “Health Insurance for Retirees,” the minimum amount per month requiredunder Government Code Section 22892 of the PEMHCA for medical insurance through theCalifornia Public Employees’ Retirement System (CalPERS). If electing to enroll for medicalbenefits, the employee must select one medical plan from the variety of medical plans offered.
Effective January 1, 2018, the City will contribute the following monthly amounts (called“Benefits Credits”) on behalf of each active management employee and eligible dependentstoward the payment of 1) medical premiums under the CalPERS Health Program, 2)contributions in the name of the employee to the City’s flexible spending account(s), 3) dental
premiums 4) vision premiums and/or 5) accidental death and dismemberment (AD&D)
premiums:
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(a)For employees with “Employee” coverage, the City shall contribute five
hundred seventy-three ($573) per month that shall include the mandatorypayments to CalPERS. If the actual total premiums exceed the City’s totalcontributions, the employee will pay the difference.
(b)For employees with “Employee Plus One” coverage, the City shall contribute
one thousand one hundred forty-six dollars ($1,146) per month that shallinclude the mandatory payments to CalPERS. If the actual total premiumsexceed the City’s total contributions, the employee will pay the difference.
(c)For employees with “Family” coverage, the City shall contribute one
thousand five hundred two dollars ($1,502) per month that shall include themandatory payments to CalPERS. If the actual total premiums exceed theCity’s total contributions, the employee will pay the difference.
Subsequently, effective January 1 of each calendar year, the City monthly Benefits Credits will
change for each coverage level. The monthly Benefits Credits will be set to dollar amounts that equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year.
Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. If the amount contributed by the City (Benefits Credits) exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase dental, vision, or accidental death and dismemberment (AD&D)
insurance or to contribute to a healthcare or dependent care flexible spending account (FSA),
instead of receiving taxable cash.
All management employees who work three quarter-time or less will receive prorated Benefits Credits.
2.Dental InsuranceManagement employees will be eligible to enroll in or waive enrollment in a City-sponsoreddental plan at any coverage level.
3. Vision Insurance
Management employees will be eligible to enroll in or waive enrollment in a City-sponsoredvision insurance plan at any coverage level.
4.Waiver Provision
Management employees who do not wish to participate in the CalPERS Health Program will
have the choice of waiving the City’s medical insurance program, provided they can show thatthey are covered under another group insurance program.
The dollar amount paid by the City for employees who elect the waiver provision may change in
the first pay period of each calendar year. The Benefits Credits associated with waiving medical
coverage will be set equal to 50% of the Benefits Credits associated with Employee medical
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coverage. If this results in a situation where the unused benefit credits associated with any
medical plan exceed the benefit credits associated with waiving medical coverage, the benefit
credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan.
Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as
taxable income.
Health Insurance for Retirees
Effective January 1, 2001, management employees will be covered by the Public Employees’
Medical and Hospital Care Act and will be eligible to participate in the California Public
Employees’ Retirement System (CalPERS) Health Program. Management employees who retire from the City, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective
date of retirement is within 120 days of separation. The City will contribute the minimum amount
per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree’s enrollment in the CalPERS Health Program.
Employees who retire from the City, either service or disability, shall be eligible to elect, upon
retirement to participate in the City’s dental and/or vision insurance programs as a retiree. The cost
of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose coverage upon retirement, or who chooses coverage and later drops it is not eligible to return to the City’s dental and vision insurance program.
The City will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage.
Physical Fitness Reimbursement
All management employees shall be eligible for reimbursement of up to the amount of four hundred fifty dollars ($450) during each fiscal year for the costs associated with physical fitness.
Each employee claiming reimbursement shall be required to submit original receipts to the Human
Resources department for approval and reimbursement.
The physical fitness reimbursement is offered to management employees to promote optimum health. Services include, but are not limited to: health assessment testing and examinations, computerized heart risk profile, complete blood profile, fees paid to physical fitness providers,
nutritional assessment and diet program.
Short-Term and Long-Term Disability Insurance
Short-Term Disability
Effective January 1, 2020, short-term disability insurance is available for all management
employees and the insurance premium is paid by the city. The insurance shall provide for a seven
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(7)calendar day waiting period prior to payment eligibility and the short-term disability benefits
shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary
of $150,000.
Long-Term Disability Long-term disability is available for all management employees and the insurance premium is paid
by the city. Effective January 1, 2020, the waiting period prior to payment eligibility shall be ninety
(90) calendar days and the long-term disability benefits shall be provided at 66 2/3% of theemployee’s pre-disability base salary, up to a maximum base salary of $150,000.
Use of Accrued Paid Time Off While Receiving Disability Benefits
The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability
insurance waiting period. The employee shall combine accrued paid time off, except for accrued sick leave, with short-term and long-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the disability payments.
Transition/Continuation of Benefits for Employees on a Short-Term or Long-Term Disability Leave
of Absence as of December 31, 2019 An employee who is on a short-term or long-term disability leave of absence as of December 31, 2019 (including an intermittent leave), will be converted to short-term and/or long-term coverage with the city’s new disability insurance provider as of January 1, 2020 without having to repeat the
waiting period.
Deferred Compensation
The City shall provide deferred compensation plan(s) which may be utilized by any management
employee. The City reserves the right to accept or reject any particular plan and to impose specific
conditions upon the use of any plan. It is acknowledged that the City will assist in the administration of this benefit but that the City has no liability if an employee should default on the repayment of such a loan.
Drug and Alcohol Policy
It is the policy of the City of Carlsbad to provide a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act.
The City provides a voluntary Employee Assistance Program (EAP) to assist employees who seek
help for substance abuse or other personal problems affecting work or family life. This program is available to employees and their family members and offers 24-hour access to confidential professional EAP assistance for emergency or urgent situations. For more specific information, contact the Human Resources Department or visit the City’s intranet site.
Uniform Reimbursement & Reporting the Value of Uniforms to CalPERS
Reimbursement to the Police Chief and Assistant Police Chief for the cost of purchasing and maintenance of required uniforms shall be $34.62 per pay period.
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Effective May 31, 2010, all fire management employees who are required to wear City-provided
uniforms will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation
related to the monetary value of the required uniforms, excluding boots.
Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members.
Fire Safety Management
1. Post-Retirement Healthcare Trust
Employees promoted into a fire safety management classification from a position represented byCFA, Inc. after the establishment of the post-retirement healthcare trust by CFA, Inc. shall
contribute into the post-retirement healthcare trust established by CFA, Inc. via payroll deductions
until participation by CFA, Inc., in this type of trust is terminated. The employee contributionamount shall be equal to the amount established for employees represented by CFA, Inc. Inaddition, the city will make monthly contributions per fire safety management employee who iscontributing to the trust. The city contribution amount will be equal to the amount established for
employees represented by CFA, Inc. The City has no administrative responsibilities or liabilities
related to this benefit, other than processing of payroll contributions as described above.
2.Overtime
The classifications of Fire Chief, Fire Division Chief, Fire Battalion Chief and Fire Marshal are
exempt from overtime requirements under FLSA. However, Fire Battalion Chiefs are paid at
their base hourly rate of pay, which is derived by dividing the Fire Battalion Chief’s weeklysalary by 40 hours for an employee on an 80 hour/pay period schedule and 56 hours for anemployee on a 112 hour/pay period schedule, for the actual hours the Fire Battalion Chiefspends covering for a Battalion Chief who is on a leave of absence or deployed and when they
are directed to attend a mandatory training class or meeting associated with the rank of Battalion
Chief on a non-scheduled work day.
Employees in the classification of Fire Chief, Assistant Fire Chief, Fire Division Chief and FireMarshal who are assigned to a mutual aid incident (not automatic aid) are compensated for
regularly scheduled hours. In addition, the employee will be paid at their base hourly rate of
pay, which is derived by dividing their weekly salary by 40 hours for all hours, beginning at thetime of dispatch until return to jurisdiction (portal to portal). Employees in the classification ofFire Battalion Chief who are assigned to the emergency location are paid at a rate of 1.5 theirbase hourly rate of pay, which is derived by dividing their base weekly rate by 40 hours, for
hours worked in excess of their normally scheduled work shift beginning at the time of dispatch
to the return to jurisdiction (portal to portal).
3.Fire Battalion Chief Administrative Assignments
While a Fire Battalion Chief is on an administrative assignment, the employee' s hourly rate will
be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate.While appointed or assigned to an administrative position (80 hour/pay period schedule), theemployee shall receive an additional 15 percent (15%) above their base hourly pay rate.
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A Fire Battalion Chief who is assigned to an 80 hour/pay period schedule administrative
assignment will not be available to work shift overtime on days they are assigned to an
administrative assignment unless authorized by the Fire Chief or his/her designee. Employees are authorized to work suppression overtime during hours they are not assigned to administration.
A Fire Battalion Chief working an 80 hour/pay period schedule who works a suppression
overtime shift, not including overhead assignments, will have their pay rate converted to the 112
hour/pay period rate while working on the suppression overtime shift. This rate shall not
include the 15% administrative assignment pay.
4. Moving Between an 80 Hour/Pay Period Work Schedule and a 112 Hour/Pay Period WorkSchedule
When a Fire Battalion Chief changes from a 112 hour/pay period schedule to an 80 hour/payperiod schedule, the employee’s vacation balance (number of hours of accrued and unusedvacation) is divided by 1.4 so that the dollar value of the employee’s vacation balance at thetime of the change remains the same.
When a Fire Battalion Chief changes from an 80 hour/pay period schedule to a 112 hour/payperiod schedule, the employee’s vacation balance (number of hours of accrued and unusedvacation) is multiplied by 1.4 so that the dollar value of the employee’s vacation balance at thetime of the change remains the same.
5.The city will comply with the Firefighter Bill of Rights Procedures for those Fire Managementemployees who are afforded rights pursuant to Government Code Section 3254.5 of theCalifornia Firefighter Procedural Bill of Rights Act (FBOR).
6.Employees in the classifications of Fire Battalion Chief and Fire Marshal shall be eligible for
COVID-19 Emergency Responder Leave as outlined in the side letter agreement between theCFA and the City of Carlsbad relating to COVID-19 Emergency Responder Leave.
Special Assignment and Temporary Upgrade Pay
Whenever the needs of the City require an employee to temporarily perform the duties of a job
classification that has a higher pay range than the pay range associated with their current job classification for a period of more than twenty-one (21) calendar days, the employee shall be designated as being in a special assignment and receive additional temporary upgrade pay. In such cases, the employee shall be paid at an appropriate level which will assure an increase of not less
than five percent (5%) greater than his/her current salary. Subsequent to designation in a special
assignment, in the event that the situation changes and the City does not need the employee to serve in the assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive the temporary upgrade pay for that period of time the assignment lasts. In the event that at the beginning of a special assignment, it is not perceived that the assignment will last at least twenty-
one (21) consecutive calendar days, and the assignment nonetheless extends beyond twenty-one
(21) consecutive calendar days, the employee in the assignment shall receive the temporary upgradepay retroactive to the first day of the acting assignment.
Management Compensation and Benefits Plan
20 Revised 1/17/2022
No employee shall be required to perform any of the duties of a higher classification unless that
employee is deemed to possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the affected Department Head. Exceptions to the minimum qualifications criteria may be recommended by the affected Department Head on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification he/she shall receive not less than 2.5% temporary upgrade pay.
The temporary upgrade pay shall commence on the first (1st) calendar day of the special assignment. The recommendation that an employee be placed in a special assignment shall be put in writing by the affected Department Head and submitted to the Human Resources Director for approval. The employee shall not serve for more than one hundred and eighty (180) calendar days
in a special assignment unless approved by the City Manager or his/her designee.
If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the city) for more than twenty-one (21) calendar days, the temporary upgrade pay associated with their special assignment shall cease on the twenty-second (22nd) day. On the day that the employee
returns to work, if the supervisor determines that the employee is required to continue to perform
the duties of the special assignment, the temporary upgrade pay will resume as of the day the employee returns to work.
A person in a special assignment shall be eligible to receive pay increases in his/her regular position
during the special assignment. The Human Resources Director shall obtain the employee’s consent
for the special assignment prior to the employee’s assuming or continuing the duties and additional compensation, which shall clearly state that it is understood that a reduction in salary will occur due to cessation of the temporary upgrade pay upon the expiration of the need for the special assignment.
Educational Incentive
Effective January 1, 2019, employees in the classifications of Police Chief and Assistant Police Chief who present proof to the Professional Standards Division Sergeant, Carlsbad Police
Department, of evidence of the award of a Management certificate issued by the State of California
Commission on Peace Officer Standards and Training (POST) will be eligible to receive educational incentive pay in the amount of four hundred sixty-two dollars ($462) biweekly. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility
of the employee to make notification of eligibility for the educational incentive pay.