2023-03-07; City Council; Resolution 2023-067 — Carlsbad City Council, March 7, 2023 (part 1 of 2)

RESOLUTION NO. 2023-067

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, APPROVING MEMORANDA OF UNDERSTANDING BETWEEN

THE CITY OF CARLSBAD AND THE CARLSBAD CITY EMPLOYEES' ASSOCIATION AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION INC., AND APPROVING

AMENDMENTS TO THE MANAGEMENT COMPENSATION AND BENEFITS

PLAN, THE EMERGENCY MEDICAL TECHNICIAN EMPLOYMENT,

COMPENSATION AND BENEFITS PLAN, THE PERSONNEL RULES AND

REGULATIONS, THE CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION INC. HOURLY

SALARY SCHEDULE
WHEREAS, representatives of the City of Carlsbad and the Carlsbad City Employees' Association and the Carlsbad Firefighters' Association Inc., have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act (Cal. Gov. Code, §§ 3500-3511) regarding wages and other terms and conditions of employment; and
WHEREAS, representatives of the City of Carlsbad and the Carlsbad City Employees' Association and the Carlsbad Firefighters' Association Inc., signed total tentative agreements for successor Memoranda of Understanding (MOUs) on Jan. 13, 2023 and Jan. 12, 2023, respectively; and WHEREAS, the Carlsbad City Employees' Association voted in favor of ratifying the total tentative agreement for a successor MOU on Jan. 27, 2023 and the Carlsbad Firefighters' Association Inc. voted in favor of ratifying the total tentative agreement for a successor MOU on Feb. 6, 2023; and WHEREAS, representatives of the City of Carlsbad and the Carlsbad City Employees' Association and the Carlsbad Firefighters' Association Inc., desire to submit the total tentative agreements for successor MOUs to the City Council for consideration and approval; and WHEREAS, for consistency among employee groups, some of the revisions contained in the successor MOUs for represented employees are also recommended for unrepresented management employees and unrepresented Emergency Medical Technicians and submitted to the City Council for consideration and approval; and
WHEREAS, the City Council of the City of Carlsbad, California has determined the need to accept the agreements and amendments in the form of MOUs, revisions to the Management Compensation and Benefits Plan, the Emergency Medical Technician Employment, Compensation and Benefits Plan and the Personnel Rules and Regulations, and the revised salary schedules contained in Attachments A thru G of this resolution, and incorporated by reference; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. The MOU with the Carlsbad City Employees' Association (Attachment A} is approved and the City Manager is authorized to execute it on behalf of the city.

3. The MOU with the Carlsbad Firefighters' Association Inc. (Attachment B} is approved and the City Manager is authorized to execute it on behalf of the city.

4. The revised Management Compensation and Benefits Plan (Attachment C} is approved and the City Manager is authorized to execute it on behalf of the city.

5. The revised Emergency Medical Technician Employment, Compensation and Benefits Plan (Attachment D} is approved and the City Manager is authorized to execute it on behalf of the city.

6. The revised Personnel Rules and Regulations (Attachment E} is approved and the City Manager is authorized to execute it on behalf of the city.

7. The Carlsbad City Employees' Association Salary Schedule (Attachment F} is approved.

8. The Carlsbad Firefighters' Association Inc. Hourly Salary Schedule (Attachment G} is approved.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of March, 2023, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.

None.

KEITH BLACKBURN, Mayor
�
L SHERRY FREISINGER, City Clerk
v- (SEAL}
Attachment A

CCEA MEMO

RANDUM OF UNDERSTANDING
1/1/2023 to 12/31/2025
Summary of Significant Changes

1. Term:

January 1, 2023 – December 31, 2025

2. Article 12 Compensation Adjustments:
a. Effective the first pay period in 2023, CCEA salary ranges shall be converted to six salary steps and all CCEA employees shall be placed onto the nearest salary step equal to or greater than their current base pay rate. Section 4 of the City of Carlsbad Personnel Rules and Regulations describes eligibility for advancements within a pay range (i.e., step increases). b. Effective the first full pay period following City Council ratification of this MOU, all CCEA employees who are on step 6 shall receive a one-time non- pensionable cash stipend equal to $3,400.
c. Effective January 1, 2024, the city shall create a new salary step 7 that is four percent higher than step 6 and step 1 will be eliminated. d. Effective January 1, 2025, the city shall implement an across-the-board base salary increase for each represented classification of three percent.

3. Article 17 Bilingual Pay
In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU.

4. Article 19 Tool Reimbursement:

Tool reimbursement for eligible employees will increase from $550 to $1,000 per fiscal year

5. Article 20 Vacation:

Effective the first day of the first full pay period following City Council ratification of this MOU, the vacation accrual maximum shall increase from 320 to 400 hours.

6. Article 34 Health Insurance/Flexible Benefits Program Effective the pay periods that include January 1, 2024, January 1, 2025 and December 31, 2025, the city benefits credits will increase. ii

7. Article 53 Pay Ranges:

Effective the first pay period in 2023, pay ranges for certain classifications will be adjusted to maintain market competitiveness.

8. Article 57 Confined Space Pay
Effective the first pay period in calendar year 2023 employees classified as Utility Workers and Water Systems Operators will also receive this pay. iii

CCEA MEMORANDUM OF UNDERSTANDING
1/1/2023 to 12/31/2025

TABLE OF CONTENTS
Foreword ..............................................................................................................Page 1 Preamble ..............................................................................................................Page 1 Article 1 Recognition ............................................................................Page 1 Article 2 Implementation ......................................................................Page 1 Article 3 Term .......................................................................................Page 1 Article 4 Renegotiation .........................................................................Page 2 Article 5 Authorized Agents .................................................................Page 2 Article 6 No Strike and No Lockout .....................................................Page 2 Article 7 City Rights .............................................................................Page 3 Article 8 Employee Rights ....................................................................Page 3 Article 9 Association Rights .................................................................Page 3 Article 10 Confidential Employees .........................................................Page 5 Article 11 CCEA Dues ............................................................................Page 6 Article 12 Compensation Adjustments ...................................................Page 7 Article 13 Distribution of Paychecks ......................................................Page 8 Article 14 Overtime ................................................................................Page 8 Article 15 Working Out of Classification & Temporary Upgrade Pay ..Page 12 Article 16 Injured on Duty ......................................................................Page 13 Article 17 Bilingual Pay ..........................................................................Page 14 Article 18 Uniforms and Equipment .......................................................Page 14 Article 19 Tool Reimbursement ..............................................................Page 16 Article 20 Vacation ................................................................................Page 17 Article 21 Holidays .................................................................................Page 19 Ar
ticle 22 Sick Leave ..............................................................................Page 21 Article 23 Bereavement Leave ................................................................Page 23 Article 24 Family and Medical Leave Acts ...........................................Page 23 Article 25 Leave of Absence ...................................................................Page 23 Article 26 Military Leave ........................................................................Page 26 Article 27 Jury Duty ................................................................................Page 26 Article 28 Rest Periods ...........................................................................Page 26 Article 29 Late Starts ..............................................................................Page 26 Article 30 Flexible Classifications ..........................................................Page 27 Article 31 Flexible Start Hours ...............................................................Page 27 Article 32 Alternative Work Schedules and Shift Changes ....................Page 28 Article 33 Flexible Job Sharing ..............................................................Page 28 Article 34 Health Insurance/Flexible Benefits Program .........................Page 28 Article 35 Short Term Disability Insurance ............................................Page 30 Article 36 Long Term Disability Insurance ............................................Page 31 Article 37 Retirement ..............................................................................Page 31 Article 38 Deferred Compensation .........................................................Page 32 iv
CCEA Memorandum of Understanding
Table of Contents

Page 2 ends

Article 39 Dispute Resolution Procedure................................................Page 32 Article 40 Alcohol and Drug Policy .......................................................Page 38 Article 41 Access to Information ............................................................Page 42 Article 42 Communications ....................................................................Page 42 Article 43 Legal Representation .............................................................Page 43 Article 44 Layoff .....................................................................................Page 43 Article 45 Full Understanding, Modification & Waiver .........................Page 45 Article 46 Provisions of Law ..................................................................Page 46 Article 47 Retention of Benefits .............................................................Page 46 Article 48 Non-discrimination Clause ....................................................Page 46 Article 49 Americans With Disabilities Act ...........................................Page 46 Article 50 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits ..........................................Page 46 Ar
ticle 51 Special Housing Facilities......................................................Page 47 Article 52 Contracting Out Work............................................................Page 49 Article 53 Pay Ranges .............................................................................Page 51 Article 54 Survey Market ........................................................................Page 52 Article 55 Reopener ................................................................................Page 53 Article 56 Paid Family Leave .................................................................Page 53 Article 57 Confined Space Pay ...............................................................Page 53 Attachment A Compensation and Benefits Summary – CCEA Represented Employees Working a Reduced FTE Schedule
Attachment B Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibilities and Agreement to Terms of Assignment
Attachment C Separation Agre ement and General Release -
1 MEMORANDUM OF UNDERSTANDING
between the
City of Carlsbad
and the
Carlsbad City Employees’ Association
Foreword
The
Memorandum of Understanding is made and entered into between designated management representatives of the City of Carlsbad (hereinafter referred to as the “city”), and the designated representatives of the Carlsbad City Employees’ Association (hereinafter referred to as “CCEA” or “Association”).

Preamble
It
is the purpose of this Memorandum of Understanding (hereinafter referred to as “Memorandum”) to promote and provide for harmonious relations, cooperation, and understanding between the city Management representatives and the general employees covered under this Memorandum, as shown on the Carlsbad City Employees’ Association Salary Schedule; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum.

Article 1 Recognition
The
City of Carlsbad recognizes CCEA as the exclusive majority representative for all classifications in this unit, as set forth in the Carlsbad City Employees’ Association Salary Schedule, pursuant to the petition for formal recognition submitted on February 11, 1976, and approved April 20, 1976, in accordance with the Carlsbad Municipal Code.

Article 2 Implementation
Thi
s Memorandum constitutes a recommendation to be submitted to the City Council subsequent to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until:

The City Council acts, by majority vote, formally to approve and adopt said Memorandum.

Article 3 Term
The
term of this Memorandum of Understanding shall be from January 1, 2023, through December 31, 2025.
2 Article 4 Renegotiation
In t
he event either party desires to meet and confer in good faith on the terms of a successor Memorandum of Understanding, that party shall serve upon the other a notice of such intent prior to expiration of the Memorandum of Understanding. If a party provides intent pursuant to this section, the parties agree to initially meet not less than 45 calendar days and no more than six months prior to the expiration of the Memorandum of Understanding, if possible.

Article 5 Authorized Agents
For
the purpose of administering the terms and provisions of this Memorandum:

A. City’s principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (442)-339-2820), except where a particular city representative is specifically designated in connection with the performance of a specific function or obligation set forth herein.

B. CCEA authorized representatives shall be its President, its Board of Directors, or a CCEA member in good standing who has been designated as an authorized CCEA representative in writing by CCEA’s President or a member of the Board of Directors. (Address: 1635 Faraday Avenue, Carlsbad, CA 92008).

C. Copies of all correspondence to CCEA authorized representatives shall also be sent to the CCEA designated staff representatives. CCEA will notify Human Resources of the organization, contact name, and address whenever a change is made.

Article 6 No Strike and No Lockout
A. No Strike. During the life of this agreement, neither the Association nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any othe
r intentional disruption of the operations of the city, regardless of the reason for so doing.

B. Penalty. Any employee engaging in activity prohibited by Article 6, A., or who instigates or gives leadership to such activity, shall be subject to disciplinary action.

C. No Lockout. During the term of this agreement, the city will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 6, A.

D. Association Official Responsibility. Each employee who holds the position of officer of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provision of this article, the Association agrees to inform its members of their obligations under this agreement and to direct them to return to work.
3 Article 7 City Rights
The
rights of the city include, but are not limited to the exclusive right to determine mission of its constituent departments, commissions, committees, and boards; set standards of service; determine procedures and standards of selection for employment and promotions; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reason; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

Article 8 Employee Rights
A. E
mployees of the city shall have the right to form, join and participate in the activities of CCEA for the purpose of representation on all matters of Employer-Employee Relations, including but not limited to, wages, hours, and other terms and conditions of employment. Employees of the city also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the city.

B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the city, CCEA or other employee organization(s) because of the exercise of the employee’s rights under this Article.

C. An individual employee reserves the right to individual representation, upon formal notice to CCEA and the city, on any matter of Employer-Employee Relations.

D. CCEA shall be provided notice of the results of such individual employee-city meetings.

Article 9 Association Rights
A. Th
e city recognizes the right of CCEA to govern its internal affairs.

B. The city agrees to include a one-page CCEA “Information Sheet” in the orientation packet for newly hired employees in positions represented by CCEA. The city and CCEA agree that the purpose of the “Information Sheet” is to familiarize new employees with the operations and benefits of CCEA. All costs associated with preparing the “Information Sheet” shall be borne by CCEA. CCEA agrees to indemnify and hold the city harmless for any disputes between CCEA and employees represented by CCEA arising out of information contained in the “Information Sheet.” Prior to distribution the “Information Sheet” must be approved by the Human Resources Director. Should the city have less than 10 CCEA information sheets on hand, it shall notify CCEA so that CCEA can ensure that the city has adequate information sheets on hand for new hires.

C. The city will furnish bulletin boards for use by CCEA. Material placed on said bulletin boards shall be at the discretion of CCEA. The city may remove CCEA material only in 4 the event the material is obviously offensive to good taste, defamatory, and shall be removed only on prior notification to CCEA.

Bulletin boards shall be located at: 1) City Hall Employees’ Lounge, 2) Library Employees’ Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Faraday Employees’ Lounge, 6) Safety Center Employees’ Lounge, 7) Fleet Maintenance, 8) Stagecoach Community Park, 9) Calavera Community Park, 10) the City Clerk’s Office, and 11) the Senior Center.

By mutual agreement additional locations may be added.

CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the bulletin boards furnished by the city for the exclusive use by CCEA.

D. Upon written request from CCEA, the city agrees to provide CCEA with a listing of names, departments, and classifications of employees in classifications represented by CCEA. Names, departments, and classifications provided will reflect the most current data on file with the Human Resources Department as of the date the list is prepared.

E. CCEA shall provide and maintain with the city a current list of the names and all authorized representatives of the CCEA. An authorized representative shall not enter any work location without the consent of the Department Head or designee or the City Manager or designee. The Department Head or designee shall have the right to make arrangements for a contact location removed from the work area of the employee.

Management shall not unreasonably deny access.

F. CCEA may, with the approval of the Human Resources Department, be granted the use of city facilities for after hour meetings.

G. CCEA shall be allowed to designate employee representatives to assist employees in preparing and processing grievances; and preparing and presenting material for disciplinary appeals hearings.

CCEA may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend discipline or grievance hearings or City Council meetings during the off-duty time shall do so on their own time; providing, however, that employees who are ordered or subpoenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum of Understanding.

Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations.
5 Designated employee representatives requesting time off under this article shall direct such request to the employee representatives’ immediate supervisors in writing within a reasonable time period to the date requested, in order to assure that the department meets its staff needs and to assure sufficient coverage of departmental assignments.

H. CCEA may select members of the organization to attend scheduled meetings with the city staff on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the city may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the city at least two working days in advance of such meeting. Provided further:
(1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Department Head or other authorized city management official.
(2) That any such meeting is subject to scheduling by city management in a manner consistent with operating needs and work schedules.

Nothing provided herein, however, shall limit or restrict city management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances.

Article 10 Confidential Employees
Em
ployees are designated as confidential employees due to the work they perform related to employer-employee relations and the access they have to information related to employer- employee relations. Confidential employees:
• may not act as representatives of employee organizations which represent other employees of the city (e.g., may not represent employees in discipline or grievance procedures),
• may not provide information related to or participate in labor negotiations on behalf of CCEA,
• and may not disclose information obtained in their job duties to bargaining unit members or any employee organization unless required by their job.

This article does not otherwise limit the right of confidential employees to be members of and to hold office in CCEA.

The following positions are designated as confidential:
1) Human Resources Department: a ll CCEA-represented positions in this department 2) City Manager’s Office: all CCEA-represented positions in this department 3) City Attorney’s Office: all CCEA-represented positions in this department 4) Finance Department: Administrative Secretary, Accountant and Accounting Technician assigned to payroll responsibilities, Secretary
6 5) Information Technology Department : Business Systems Specialist, Business Intelligence Analyst and any other positions in this department that, due to the work responsibilities, require regular access to and are responsible for supporting applications/databases that contain confidential employee information, including, but not limited to, HCMS, timekeeping, payroll and performance management applications. Positions in this department that may periodically access applications/databases that contain confidential employee information but, for which prior approval from management is required to gain such access, are not considered confidential positions.

The city may create new confidential positions. In such cases, the city will notify the Association of the proposed new confidential position and provide the Association with the job specifications of the new position prior to its implementation.

Article 11 CCEA Dues
The
CCEA will provide the city with information regarding the amount of dues deductions and the list of CCEA member employees who have affirmatively consented to or authorized dues deductions. The city shall deduct CCEA membership dues and any other mutually agreed upon payroll deductions, to the extent permitted by law, from the bi-weekly pay of each member employee and remit the deducted dues to the CCEA as soon as possible after the deduction.

The city agrees to direct each member employee to CCEA with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law. CCEA is responsible for providing the city with timely information regarding changes to member employees’ dues and any other lawful union-related payroll deduction.

1.0 CCEA’s Certification
The city shall make payroll deductions in reliance on the Union’s certification certifying that CCEA has and will maintain an authorization, signed by each member employee who affirmatively consents to pay CCEA membership dues. The CCEA is responsible for providing the city with timely information regarding changes to member employee’s dues and any other lawful union-related payroll deduction.

The city shall continue to withhold such deductions and shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by CCEA.

The city shall not request CCEA to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization.

2.0 Covered Employees
All employees covered by the Memorandum of Understanding between the city and the Association are considered covered employees under this Article. 7 3.0 Priority of Deductions
All other legal and required deductions (e.g., payroll taxes, income taxes, health care premiums) have priority over dues deductions. No dues deduction will be made from an employee’s paycheck unless the employee’s earnings are sufficient to cover the dues after all other legal and required deductions are made.

4.0 Indemnification
The Association agrees to defend, indemnify and hold the city (including its Water District and their officers, employees, agents, and elected or appointed officials) harmless from and against any and all claims, demands, losses, damages, disputes, fines, penalties, suits, actions, causes of action, judgments, obligations, liabilities, costs and expenses (including, but not limited to, reasonable attorney’s fees and court costs), or other actions arising out of or relating to Article 11, including but not limited to, any claims made by any member employees for the membership dues deductions the city made in reliance on the CCEA’s certification, and any claims made by any member employees for any deduction cancellation or modification the city made in reliance on the information provided by the CCEA.

In the event any such action or proceeding is brought against the city by reason of any such claim, the CCEA, covenants to defend such action or proceeding by counsel reasonably satisfactory to the city. Further, the CCEA agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the CCEA’s actions or inactions under Article

11. Article 12 Compensation Adjustments
Ef
fective the first pay period in calendar year 2023, the CCEA salary ranges shall be converted to six salary steps as shown in the Carlsbad City Employees’ Association Salary Schedule. All CCEA employees shall be placed onto the nearest salary step equal to or greater than their current base pay rate. If eligible, an employee will receive a step increase on their anniversary date starting with the first pay period in calendar year 2023. Subsequent step increases will be governed by Section 4 of the City of Carlsbad Personnel Rules and Regulations re:
advancements within a pay range.

Effective the first full pay period following City Council ratification of this MOU, all CCEA employees who are on step 6 shall receive a one-time non-pensionable cash stipend equal to $3,400.

Effective January 1, 2024, the city shall create a new salary step 7 that is four percent higher than step 6 and step 1 will be eliminated (see the Carlsbad City Employees’ Association Salary Schedule).

Effective January 1, 2025, the city shall implement an across-the-board base salary increase for each represented classification of three percent.

The city will continue its practice of periodically reviewing classification specifications and salaries.
8 Article 13 Distribution of Paychecks
CC
EA employees are not required to receive payroll funds through electronic deposit. Employees who provide written authorization for such electronic deposit, shall receive a Statement of Earnings (pay stub) through an electronic pay system. The electronic pay system will permit employees to view/print current and previous bi -weekly pay stubs. The Employer will provide training for all employees, as necessary in the use of the electronic pay system.

For those employees who do not provide written authorization for an electronic deposit of their payroll, their payroll funds will be deposited in the U.S. mail with postage fully prepaid on the Friday following the electronic pay date or as soon as administratively poss ible if there is not an Accounts Payable check run that Friday. Payroll will be mailed to the last known address on file with the Human Resources Department. It shall be the responsibility of the employee to update their address of record with the Human Resources Department as required.

The city shall make every reasonable effort to resolve payroll errors during the next pay period, and to provide additional sums (when warranted) with the following payroll.

The city agrees to meet with the CCEA at mutually acceptable times and places to review payroll related problems affecting more than one bargaining unit member.

Article 14 Overtime

1. Overtime
A
ny employee required to perform in excess of 40 hours in a seven-day cycle and/or in excess of an employee’s scheduled work day shall receive compensation at the rate of time and one-half the employee’s regular rate of pay, except as outlined in Section 2 below. The regular rate of pay shall be calculated in conformance with the FLSA.

In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities.

There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.

Time worked shall be computed by rounding to the nearest quarter of an hour.

2. Request for Temporary Shift Adjustment (Flex Time)
An employee may request that the employee’s normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee’s FLSA work week and same pay period without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate. The FLSA work week for employees on a 9/80 schedule begins four hours after the regularly scheduled starting time for their Friday 9 shift and ends 168 hours later (at four hours after the regularly scheduled starting time for their Friday shift). For all others the work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m.

3. Call Back Pay
Ca
ll back duty occurs when an employee is requested and accepts the request to return to duty on a non-regularly scheduled work shift. Call back does not occur and regular overtime rules and pay apply (e.g., no minimum) when an employee is held over from the employee’s prior shift or is working prior to the employee’s regularly scheduled shift or if the assignment has been scheduled in advance and the employee is provided with at least 24 hours notice of said assignment.

Coming Back To Work
If the employee has to come to work to resolve the problem, (i.e., the work is not completed remotely via phone/computer) the employee called back to duty shall be credited with a minimum of two hours work commencing at the time the employee begins their commute to work. The employee shall be paid for travel time to and from the call back assignment up to a maximum total travel time (to and from) of three hours.

Travel time is included as part of the call back minimum compensation. Mileage reimbursement for expenses to the work site will not be compensated.

Some example scenarios are shown below.

Example 1
Time spent commuting to work is two hours
Time spent at work is one hour
Time spent commuting back home is two hours
Total paid time for this scenario would be four hours (maximum three hours for commute/travel time plus one hour at work).

Example 2
Time spent commuting to work is 15 minutes
Time spent at work is 30 minutes
Time spent commuting back home is 15 minutes
Total paid time for this scenario would be two hours (the minimum call back pay).

Example 3
Time spent commuting to work is one hour
Time spent at work is one hour
Time spent commuting back home is one hour
Total paid time for this scenario would be three hours.

Performing the Work Remotely
If the work is performed remotely via phone/computer the employee shall be credited for a minimum of 30 minutes work commencing at the time the employee begins the callback work. If an employee receives multiple calls/messages and completes the work 10 related to all of those calls/messages remotely and via phone/computer within the same 30 minute period, the employee shall be credited for a minimum of 30 minutes work.

4. Compensatory Time
In l
ieu of receiving overtime pay pursuant to Section 1 above, an employee may elect, subject to department approval, to receive compensatory time off. The employee will be paid out the overtime premium at the regular rate of pay when compensation time is earned. No employee shall accrue more than 80 hours of such compensatory time. When an employee has accumulated the maximum number of hours of compensatory time off the employee shall receive all overtime compensation in cash.

An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department.

Effective January 1, 2020, all accrued and unused compensatory time during the calendar year will be cashed out on the last pay date of the calendar year. No compensatory time may be accrued beginning on the last pay period of the calendar year through the end of the calendar year. At any time an employee may elect to “cash out” any portion of the employee’s accrued compensatory time balance at the employee’s base rate of pay by requesting this “cash out” on the employee’s time card. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance.

5. Overtime Authorization
Al
l overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized.

6. Clothes Changing
Em
ployees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for employee’s own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at the employee’s own discretion.

Nothing herein prevents an employee from wearing the employee’s uniform to and/or from the employee’s residence and work.

Nothing herein prevents an employee from wearing the employee’s uniform while conducting personal business during lunch time.

Time spent in changing clothes before or after a shift, is not considered hours worked and is not compensable in any manner whatsoever.
11 7. Training Time
Tr
aining time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq.

Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq.

When feasible, the Department will adjust the employee’s work schedule to minimize the impact of travel and training time.

Travel time to and from local work-related training either before, during or after regularly scheduled work hours shall be compensated for all CCEA employees regardless of whether the employee is a driver or passenger. For the purposes of this section, “local” refers to work related training taking place in San Diego, Imperial, Orange, Riverside, San Bernardino and Los Angeles Counties.

8. City Vehicle Use
Em
ployees who are provided with a city vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the city vehicle. Refer to Administrative Order No. 3 for more information regarding use of city vehicles.

This provision also applies in those situations where the radio must be left on and monitored.

9. Court Pay
Whe
n an employee is physically called to court for city-related business, while off duty, the employee shall be credited on an hour for hour basis for the time actually spent in court. An employee shall be credited with a minimum of two hours for the court appearance. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever.

10. Standby Pay
“S
tandby assignment” requires an employee to:
a. Review and confirm receipt of the standby assignment schedule within the deadlines established by the applicable department;
b. Carry a cellular phone during standby assignment;
c. Respond to a call/message promptly without delay. If an employee has arranged for another employee to respond, the employee must notify the supervisor, the department, and dispatch of the name of the substitute employee who will respond. Callback shall be handled in accordance with each department’s standby/callback policy;
12 d. E
ach department’s standby/callback policy shall be developed and submitted to Association representatives for meeting and conferring. In addition, the city shall provide training for the supervisors and managers responsible for administering departmental standby/callback policies and shall also provide orientation for all employees subject to the standby/callback policies; e. Abide by the city’s Alcohol and Drug Policy as specified in Article 40 of this agreement during standby assignment; and abide by the rules and regulations set forth by the Department of Transportation (DOT);
f. Wear appropriate clothing, safety equipment, and any other form of city identification as defined by the department when making a callback response from standby assignment;
g. Accept $35.00 per day for each day on standby assignment. h. Acknowledge and agree that time on standby assignment is not considered to be compensable work time for purposes of the Fair Labor Standards Act (FLSA); provided, however, (1) individuals have not waived any rights they may have outside of this contract under the FLSA; and (2) neither the fact of these negotiations nor the changes negotiated in this agreement shall be used by either party or by any individual to the prejudice of the other party in any grievance or complaint outstanding as of the time of this agreement. i. The Information Technology Department will implement standby duty upon ratification of this MOU and in accordance with the Information Technology Department Standby Policy dated February 23, 2018.

Article 15 Working Out of Classification and Temporary Upgrade Pay When
ever 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 21 calendar days, the employee shall be designated as being in an out-of-class assignment and shall receive additional temporary upgrade pay while in the out-of-class assignment. In such cases, the employee shall be paid at an appropriate level which will assure an increase of not less than five percent greater than the employee’s current base salary. Subsequent to designation in an out-of-class assignment, in the event that the situation changes and the city does not need the employee to serve in an out-of-class assignment for at least 21 consecutive calendar days, the employee shall receive the temporary upgrade pay for that period of time the out-of-class assignment lasts. In the event that at the beginning of an out-of-class assignment, it is not perceived that the assignment will last at least 21 consecutive calendar days, and the assignment nonetheless extends beyond 21 consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment.

No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the 13 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 the employee shall receive not less than two and one half percent temporary upgrade pay.

The temporary upgrade pay shall commence on the first calendar day of the temporary out-of- class assignment. The recommendation that an employee be placed in an out-of-class assignment shall be put in writing by the affected Department Head and submitted to the Human Resources Director for approval. If an employee is serving in an out-of-class assignment for a vacant position, the employee shall not serve more than 960 total hours, including leave and overtime hours, in a fiscal year. All other employees in out-of-class assignments shall not serve for more than 180 calendar days unless approved by the City Manager or designee. Temporary upgrade pay shall be reported to the Public Employees’ Retirement System in accordance with applicable regulations.

If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the city) for more than 21 calendar days, the temporary upgrade pay associated with their out of class assignment shall cease on the 22nd day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the out of class assignment, the temporary upgrade pay will resume as of the day the employee returns to work.

A person appointed in an out-of-class assignment shall be eligible to receive merit increases in the employee’s regular position during the out-of-class assignment. The Human Resources Director shall obtain the employee’s consent for the temporary performance of any of the duties of the higher classification beyond a period of 21 calendar days, prior to the employee’s assuming or continuing the duties and additional compensation, which consent shall clearly state that it is understood that a reduction in salary shall be effected to the employee’s original salary rate upon the expiration of the need for the performance of the duties of the higher classification.

The Association may present to the Human Resources Director specific facts which support that an employee is performing the duties of a higher classification. The Human Resources Department will conduct a study and provide the Association with the findings of the classification study. Should the study determine the duties to be of a higher, lower or comparable existing classification, a proposed solution to the situation will be offered. The proposed solution may include, among other alternatives, that the work be managed in an alternative manner or that the position be reclassified to reflect the work being performed. The reclassification of a position will be approved in accordance with the personnel rules.

Article 16 Injured on Duty
Oc
cupational Sick Leave is leave with pay that is granted to employees who have sustained a work related injury or illness and are temporarily disabled from work.

Any general employee that sustains a work-related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period of up to 45 calendar days for any single incident. The 14 periods of temporary disability need not be continuous. Any aggravation of a pre-existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the employee will not be entitled to any occupational sick leave benefit which exceeds the original maximum of 45 calendar days. The city reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures and standards (including pre-designated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers’ compensation matters and/or FMLA/CFRA matters.

An employee who is still temporarily disabled after the 45 calendar days have been exhausted will be paid at the rate established by the California Labor Code for such disabilities. However, the city shall supplement the State rate, up to the employee’s full salary level, by utilizing any vacation, sick, or compensatory leave that the employee has accrued. Once the employee’s accrued leave has been exhausted, the employee will be compensated at the State rate for the balance of the temporary disability period.

Wages alone will be the basis of computation for occupational sick leave.

Article 17 Bilingual Pay
The city
will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $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, employees must pass a bilingual proficiency test as determined by the city in the foreign language or American Sign Language (ASL). In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU.

This Article shall not be subject to the grievance procedure.

Article 18 Uniforms and Equipment
A. Th
e city shall continue to provide and maintain uniforms in the maintenance departments.

B. Employees shall be responsible for proper care and maintenance of uniforms.

C. Except for reasonable travel time to and from work, uniforms shall not be worn outside the context of performing maintenance functions while on duty or as otherwise acting as an agent of the city.

D. The city shall determine the CCEA classifications which require employees to wear safety footwear. The city shall establish, subject to consultation with the affected employees, a voucher system for the employees to acquire safety footwear and insoles. 15 Acquisitions of safety footwear or insoles made outside the voucher system must be pre- approved by the acquiring employee’s department.

Reimbursement for the acquisition of safety footwear and insoles shall be limited to a maximum of $450 per fiscal year. All reimbursement requests must be approved by the acquiring employee’s department.

E. The city will reimburse any employee who is required to wear safety glasses and/or goggles up to $175 in a calendar year for the cost of prescription lenses for such glasses and/or goggles, subject to the following conditions:

1. The employee must present an appropriate receipt;

2. Reimbursement is for lenses only and not for eye examination, treatment or visits to an optometrist or optician;

3. The city will provide reimbursement only for glasses and/or goggles if the prescription has changed or if glasses and/or goggles have been damaged; and

4. Glasses and/or goggles for which the c ity has provided reimbursement shall only be used while performing work for the city.

F. Value of Uniforms reported to CalPERS
The city shall report the biweekly amount of $1.92 as special compensation related to the monetary value of the required uniforms for employees in the following positions:

1. Building Maintenance Worker I/II

2. Cross Connection Control Technician

3. Custodian /Custodian II

4. Environmental Specialist I/II

5. Equipment Service Worker

6. Equipment Technician I/II

7. Lead Equipment Technician

8. Maintenance Aide in the Parks Division

9. Maintenance Worker in Parks and Streets Departments

10. Meter Services Worker I/II/III

11. Park Maintenance Specialist

12. Park Maintenance Worker II/III

13. Sanitation Systems Operator I/II/III

14. Scada Technician

15. Senior Building Maintenance Worker

16. Senior Cross Connection Control Technician

17. Senior Environmental Specialist

18. Storm Drain Maintenance Worker

19. Street Maintenance Worker I/II/III

20. Tree Trimmer I/II

21. Tree Trimmer Leadworker
16 22. Utility Worker I/II/III

23. Warehouse Technician

24. Water Conservation Specialist

25. Water Systems Operator I/II/III
Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members.

Article 19 Tool Reimbursement
Thi
s article applies only to eligible employees in the following job classifications who furnish their own tools as a condition of employment: Lead Equipment Technician, Equipment Technicians and Equipment Service Workers.

Employees in the job classifications mentioned are required to provide their own tools on the job as a condition of employment. The employees are further eligible to receive a cash tool reimbursement provided that the conditions for receiving the reimbursement are met.

Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of the city facility or some other catastrophe or accident not due to the employee’s negligence or fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all the tools in the employee’s possession at work, including those tools over and above the “essential tool list,” must be on file with the Superintendent. The city has the right to request that a specialized tool(s) not be kept in the employee’s inventory.

The city will reimburse the employees in the above classifications up to $1,000 in a fiscal year for the cost of tools, subject to the following conditions:
1) The employee must present an appropriate original receipt; 2) Such reimbursement will be paid only once during the fiscal year, by September 30, and cannot be accumulated from year to year.

Those expenses not documented by an original receipt, up to the $1,000 maximum, will be incorporated into the employee’s regular payroll check and treated as taxable income.

It is the responsibility of the Management to direct the administration of the tool reimbursement and:

A. Provide a list of “essential tools” which define the full inventory of tools required for employees to be eligible for tool reimbursement.

B. Recommend revisions to the “essential tools” and to meet the requirements of current skilled trades technology.

C. Informally agree with members of the shop when considering adding tools to the “essential tool list.”
17 Employees receiving a tool reimbursement shall allow inspection of personal tool box by supervisor to verify outfitting of tools. The eligible employee during each work shift must have all the tools listed as “essential tools.” Failure to keep said tools on site will result in the tool reimbursement being withheld from the individual until such time as the employee comes into possession of all “essential tools.”
The appropriate supervisor during the month of August will:

A. Review the personal tool inventory as meeting the requirements of “essential tools.” B. Provide a recommendation to the Superintendent of an alternate tool as a substitute for the tool listed on the “essential tools” list on an item-by-item basis.

In September of each year, the Superintendent shall prepare the necessary payable documents to provide for payment of the tool reimbursement to eligible employees.

Article 20 Vacation
Eve
ry probationary and regular full-time employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15-minute increments.

A. Basis of Accrual
Ac
crual of vacation begins with the first working day following appointment and thereafter accrues on a daily basis. The following shall be the annual vacation leave schedule:
• Beginning with the first working day through the completion of five full calendar years of continuous service – 13 minutes/day.
• Beginning the sixth year of employment through the completion of 10 full calendar years of continuous service – 20 minutes/day.
• Beginning the 11th year of employment through the completion of 11 full calendar years of continuous service – 21 minutes/day.
• Beginning the 12th year of employment through the completion of 12 full calendar years of continuous service – 22 minutes/day.
• Beginning the 13th year of employment through the completion of 13 full calendar years of continuous service – 24 minutes/day.
• Beginning the 14th year of employment through the completion of 15 full calendar years of continuous service – 25 minutes/day.
18 • Beginning the 16th year of continuous employment, vacation time shall be accru
ed, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter.

B. Vacation Accrual Maximum
Al
l employees shall be entitled to earn and accrue up to and including 320 hours of vacation, and no employee will be allowed to earn and accrue vacation hours in excess of the 320 hour maximum. Effective the first day of the first full pay period following City Council approval of this MOU, the vacation accrual maximum shall be increased to 400 hours. Department Heads shall encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, the employee must submit a request in writing to the Department Head and the City Manager. The Department Head and the City Manager may grant such request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances.

C. Vacation Conversion

1. Em
ployees are 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. All employees wishing to convert accrued vacation to cash in the year following the election will complete a form between November 10 and December 10 of each year. Elections will not carry over from one calendar year to the next calendar year.

3. Only vacation hours accrued during the calendar year following the election may be cashed out. Employees accruing less than the election amount may cash out no more than their total vacation accrual in the following calendar year.

4. The employee’s accrued vacation to convert to cash will be credited first to the cash out account with the employee’s earned vacation leave until the employee’s full election amount is reached. The vacation hours designated to the cash out account will not be credited toward the employee’s maximum vacation accrual.

During this period of time, no earned vacation leave will be credited to the employee’s vacation time off balance.

5. Payment of vacation hours elected for cash out will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case payment of the elected vacation hours will be cashed out in July. All vacation hours will be paid in the calendar year in which the vacation hours accrue. If the employee does not accrue all requested vacation hours in the calendar year, the vacation payment amount will be reduced to the total number of vacation hours the employee actually accrues in the calendar year and the payout will be made no later than the last pay date in the calendar year. 19 6. The vacation payment amount will be based on the employee’s rate of pay at the time of the payout. The vacation payment amount is taxable income, subject to all applicable withholding amounts and payroll deductions.

7. An employee who does not elect to cash out vacation by December 10 waives their right to do so and will not be allowed to cash out any vacation accruing in the following year.

D. Effects of Holiday on Vacation Leave
In the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday.

E. Effect of Leave of Absence on Accrual of Vacation Leave Refer to Article 25.3 for the effect of a leave of absence on vacation accrual.

F. Compensation for City Work During Vacation Prohibited No per
son shall be permitted to work for compensation for the city in any capacity, except compensation for mandated court appearances, during the time of the employee’s paid vacation leave from city service. This clause shall not limit the city’s right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status.

G. Scheduling Vacations
An em
ployee may take annual vacation leave at any time during the year, contingent upon determination by the employee’s Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall normally provide one week notice in advance of the day(s) the employee is requesting vacation time off. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances.

H. Vacation Payout
An em
ployee separating from the city service who has a balance of unused accrued vacation leave shall be entitled to be paid for the remainder of their unused accrued vacation leave as of their last day on payroll. When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided in the Probate Code of the State.

Article 21 Holidays
A. Authorized Holidays
The
city shall observe 11 scheduled paid holidays. The scheduled paid holidays that will be official city holidays shall be as follows:
20 New Ye ar’s Day Indigenous Peoples’ Day
Martin Luther King’s Birthday Veteran’s Day
President’s Day Thanksgiving Day
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
Labor Day
Only those who are on employed status on their last scheduled workday before a holiday shall be entitled to the paid holiday except where otherwise required by law.

All CCEA employees will receive two floating holidays per fiscal year, each year on July 1st.

The floating holiday may be used at the discretion of the employee with prior approval of the Department Head. The floating holiday must be taken as a full day off. There is no partial day use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift on that day. Unused floating holidays will not carry over to the next fiscal year and will not paid out upon separation of employment.

B. Procedure if Holiday Falls on Saturday or Sunday
Whe
n a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.

When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.

The city shall annually develop and publish a holiday schedule which will identify the specific days on which the above holidays will be observed as official city holidays.

C. When a Holiday Falls on a Regularly Scheduled Work Shift Whe
n a holiday falls on an employee’s regularly scheduled work shift, the employee is entitled to be absent that day and receive holiday pay at straight time equal to the number of hours in the employee’s regular work shift.

If the employee’s supervisor requests that the employee work on that holiday, the employee may, with the supervisor’s approval, choose one of the following two options.

Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift. This does not result in any overtime pay or additional pay. In this case, the city published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave.

Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on the holiday plus the holiday pay at straight time equal to the number of hours in the employee’s regular work shift. An employee who chooses this option will not receive any paid time off for the holiday.
21 D. When a Holiday Falls on an Employee’s Regular Day Off Whe
n a holiday occurs on a day which is the employee’s regular day off, the employee is entitled to be absent on their next regularly scheduled work shift immediately following the holiday (i.e., their next regularly scheduled work shift becomes their designated holiday).

If the employee’s supervisor requests that the employee work on their designated holiday (i.e., the next regularly scheduled work shift immediately following the city’s published holiday), the employee may, with the supervisor’s approval, choose one of the following two options.

Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on their designated holiday plus the holiday pay at straight time equal to the number of hours in the employee’s regular work shift. An employee who chooses this option will not receive any paid time off for the holiday.

E. Employees on Leave
Re
fer to Article 20 and Article 22 for information regarding the impact of holidays on vacation and sick leave.

Article 22 Sick Leave
Si
ck leave can be used in 15-minute increments.

A. Accrual and Usage
Eve
ry probationary and regular full-time employee shall accrue 16 minutes sick leave with pay for each calendar day of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Such accruals shall be cumulative. An employee shall not receive payment for unused sick leave accumulated to the employee’s credit upon termination, whether voluntary or involuntary.

Sick leave will be administered consistent with state and federal law and shall be allowed for the following purposes:

1. Diagnosis, care or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member (e.g., to recuperate from or receive 22 treatment for personal injuries or illnesses, to care for an injured or i ll family member or to attend medical, dental or optometry appointments).

2. If the employee is a victim of domestic violence, sexual assault, or stalking, for the purposes described in California Labor Code Sections 230(c) and 230.1(a), including obtaining relief (e.g., a restraining order), domestic violence services, or medical or mental health treatment.

Employees shall be required to account for all hours they are requesting as sick leave via the city’s timekeeping/scheduling system. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.

Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws.

If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated.

Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965.

Violation of sick leave privileges may result in disciplinary action and/or loss of pay when the Department Head determines that the employee has abused such privileges.

B. Effect of Leave of Absence
Ref
er to Article 25.3 for the effect of a leave of absence on sick leave accrual.

C. Blood Donations
Em
ployees making a donation of blood without charge will be given reasonable time off for that purpose. No charge will be made against accrued leave when such absence is approved in advance by the supervisor.

D. Effect of Holidays on Sick Leave
In t
he event one or more authorized municipal holidays fall within a sick leave, such holiday shall not be charged as sick leave, but shall be credited as a holiday. 23 E. Sick Leave Conversion
Any per
manent employee who has accrued and maintains a minimum of 100 hours of sick leave shall be permitted to convert up to 12 days of accumulated uncompensated sick leave to vacation at a ratio of three sick leave days per one day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year.

Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum.

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 25 days of accrued sick leave to one month of extended service.

Article 23 Bereavement Leave
A. An e
mployee shall be granted, upon written request, up to three work shifts of paid bereavement leave if required to be absent from duty due to the death of a member of the employee’s immediate family. Effective Jan. 1, 2023, an additional two days may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. Additional time off may be authorized by the Department Head and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay.

The “immediate family” shall be defined in the personnel rules and regulations.

B. The employee may be required to submit proof of relative’s death before final approval of bereavement leave is granted.

Article 24 Family and Medical Leave Acts
The pa
rties acknowledge the applicability of the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and the city intends to apply and implement this Memorandum of Understanding so as to comply with these laws. The parties agree to consult if compliance with these laws requires modifying the provisions of this Memorandum of Understanding.

Article 25 Leave of Absence
To the
extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the CFRA or FMLA.

1. Leave of Absence Without Pay
A. General Policy
Any em
ployee may be granted a leave of absence without pay pursuant to the approval of the employee’s Department Head for less than two calendar weeks. If 24 the duration of the leave of absence will be longer, the approval of the City Manager or designee is required.

An employee shall utilize all the employee’s vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay.

A leave without pay may be granted for any of the following reasons:

1. Illness or disability.

2. To take a course of study which will increase the employee’s usefulness on return to the employee’s position in the city service.

3. For personal reasons acceptable to the City Manager and Department Head.

B. A uthorization Procedure
R
equests for leave of absence without pay shall be made in writing and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the city for any benefit premiums paid by the city during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by the employee’s Department Head, and, if 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.

C. L ength 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.

D. R eturn From Leave
Whe
n an employee intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, the employee shall contact the employee’s Department Head at least 14 calendar days prior to the day the employee plans to return. The Department Head shall promptly notify the Human Resources Department of the employee’s intention. The employee shall return at a rate of pay not less than the rate at the time the leave of absence began. 25 E. Leav e Without Pay - Insurance Payments and Privileges An e
mployee on leave without pay may continue the employee’s city insurance benefits by reimbursing the city for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was received.

Upon the employee’s return to paid status, any sums due to the city shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the city and the employee (e.g., computer loan).

Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process.

An employee on leave of absence without pay shall not have all of the privileges granted to regular employees (e.g., holiday pay), unless required by law.

2. Pregnancy Disability Leave
Pr
egnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued leave and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except sick leave, prior to taking leave without pay. Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions.

An employee who plans to take a leave pursuant to this article shall give the city reasonable notice of the date the leave shall commence and the estimated duration of the leave.

3. Extended Leave of Absence
Upon c
ompletion of 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) an employee will not be eligible for accrual of sick leave and vacation.

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.
26 During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence.

Article 26 Military Leave
Mi
litary leave shall be authorized in accordance with the provisions of State and Federal law.

The employee must furnish satisfactory proof to the employee’s Department Head, as far in advance as possible, that the employee must report to military duty.

Article 27 Jury Duty
Whe
n called to jury duty, an employee, having provided at least seven calendar days written notice, shall be entitled to the employee’s regular compensation. If an employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court. Employees shall be entitled to keep mileage reimbursement and/or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees.

Employees released early from jury duty shall report to their supervisor for assignment for the duration of the workday. At the discretion of the supervisor, an employee 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.

Article 28 Rest Periods
Al
l CCEA represented employees shall receive, at the direction of the respective department, two 15-minute rest periods, one each approximately at the mid-point of each one-half shift.

Employees working in the field shall take, at the direction of the department, rest periods at or nearby the work site or return to their department for rest. Rest time is not cumulative beyond the half-scheduled workday within which the break period occurs.

Article 29 Late Starts
An e
mployee who is tardy to work shall be formally counseled by the employee’s supervisor.

Tardiness may cause the employee’s pay to be docked. Such docking shall be done by rounding to the nearest quarter hour. An employee may not substitute accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break period or lunch period.
27 Article 30 Flexible Classifications
An e
mployee hired into one of the listed entry level positions shall be reclassified to the journey level position following 12 months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the city. Any city-established requirements must be identified in the classification description. The employee shall be placed at the nearest step of the journey level salary range which represents a minimum five percent salary increase.

Entry Level Position Journey Level Position
Account Clerk I Account Clerk II
Tech
nician I Building Technician II
Engineering Technician I Engineering Technician II
Library Assistant I Library Assistant II
Maintenance Worker I Park Maintenance Worker II
Maintenance Worker I Street Maintenance Worker II
Meter Services Worker I Meter Services Worker II
Office Specialist I Office Specialist II
Planning Technician I Planning Technician II
Police Records Specialist I Police Records Specialist II Tree Trimmer I Tree Trimmer II
An employee hired into one of the entry level positions listed below shall be reclassified to the journey level position following 24 months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the city. Any city-established requirements must be identified in the classification description. The employee shall be placed at the nearest step of the journey level salary range which represents a minimum five percent salary increase.

Entry Lev el Position Journey Level Position
Building Inspector I Building Inspector II
C
ode Enforcement Officer I Code Enforcement Officer II
Equipment Technician I Equipment Technician II
Parks Inspector I Parks Inspector II
Recreation Supervisor I Recreation Supervisor II
Sanitation Systems Operator I Sanitation Systems Operator II Utility Worker I Utility Worker II
Waste Water Utility Worker I Waste Water Utility Worker II Water Systems Operator I Water Systems Operator II
Article 31 Flexible Start Hours
CC
EA represented employees, with advance Department Head approval, may alter their starting time per shift between the hours of 6:00 a.m. and 9:00 a.m. The Department Head may revoke the flexible start time at any time and return the employee to regular working hours for that particular department. An employee shall receive 14 calendar days’ notice, unless extenuating circumstances preclude such a notice, prior to revocation of flexible start hours. This article is not subject to the grievance procedure.
28 Article 32 Alternative Work Schedules and Shift Changes Em
ployees hired on or after December 23, 1991 shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts.

The hours of work of the office or facility shall be established by the appointing authority and may be changed to meet operational or other requirements upon at least 45 calendar days’ notice to the affected employees unless there is a mutually agreed upon shorter notice period.

The city shall notify the Association and any affected employees of any proposed schedule change at least 45 calendar days prior to its implementation to allow the parties to meet and discuss on the impact of said schedule change, if requested by the Association. If the Association desires to meet and discuss impacts, the Association shall give written notice to the city’s Human Resources Department within seven calendar days of receipt of the notice of the proposed schedule change. The Association agrees that these discussions are not meet and confer, nor subject to all the requirements of meet and confer (for example, the city need not negotiate to impasse and need not exhaust impasse procedures prior to implementing a schedule change).

The impacted employee shall have the opportunity to propose an alternate work schedule. The city shall have complete discretion in determining whether or not to allow an alternate work schedule and the city’s decision and the impact of its decision shall be excluded from the grievance procedure.
9/80 Alternative Work Schedule:

The
parties acknowledge that they met and conferred in good faith over the terms and conditions for implementation of a 9/80 work schedule. The result of that meeting and conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by which the parties will control implementation of the 9/80 schedule. This article shall not be subject to the grievance procedure.

Article 33 Flexible Job Sharing
Tw
o or more employees may, with the express written approval of the City Manager, the Human Resources Director, and the affected Department Head, participate in a flexible job sharing program. The specifics of such a program shall be determined by the employees and the city on a case by case basis. Prior to implementation of any such program(s), a written agreement setting forth the specifics of the program shall be signed by the affected employees and the city.

This article shall not be subject to the grievance procedure.

Article 34 Health Insurance/Flexible Benefits Program
Emp
loyees represented by CCEA will participate in a flexible benefits program that 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.
29 A. Medical Insurance
A1. Employees represented by CCEA will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of all employees covered by this agreement and eligible dependents and those retirees designated in Section C of this Article, the minimum amount per month required under California Government Code Section 22892 for medical insurance through the CalPERS.

If electing to enroll for medical benefits, an employee must select one medical plan from the variety of medical plans offered through CalPERS. The city will contribute monthly amounts (called Benefits Credits) on behalf of each active CCEA employee and eligible dependents toward the payment of 1) medical premiums under the CalPERS Health Program, 2) contribution of some or all of the premium for dental coverage or vision coverage and 3) contributions in the name of the employee to the city’s flexible spending account(s).

A2. Effective the pay period that includes January 1, 2023, January 1, 2024, and January 1, 2025 the city monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year.

Effective the pay period that includes December 31, 2025, the city monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1, 2026.

A3. 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.

A4. All active CCEA-represented employees who work three quarter-time or less will receive prorated Benefits Credits.

B. Dental Insurance
Represented employees will be eligible to enroll in or waive enrollment in a city- sponsored dental plan at any coverage level.

C. Vision Insurance
Represented employees will be eligible to enroll in or waive enrollment in a city- sponsored vision insurance plan at any coverage level.
30 D. Retirees
Each retired employee who was a member of this bargaining unit is eligible to be covered by the
PEMHCA and is eligible to participate in the CalPERS Health Program.

Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that they are enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The city will contribute the minimum amount per month required under California Government Code Section 22892 toward the cost of each retiree’s enrollment in the CalPERS Health Program.

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 the retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage.

E. Waiver Provision
CCEA represented employees who do not wish to participate in the CalPERS Health Pr
ogram will have the choice of waiving the city’s medical insurance program, provided they can show proof of alternative minimum essential coverage as defined by the Affordable Care Act.

Effective the pay period that includes December 31, 2022, for those employees who are covered under another employer sponsored group insurance program, the Benefits Credits associated with waiving medical coverage will be set equal to $400 per month.

Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income and included in the calculation of the regular rate of pay under the FLSA.
.

Article 35 Short Term Disability Insurance
Ef
fective January 1, 2020, the city will provide city-paid short-term disability insurance via an insurance provider. The insurance shall provide for a seven calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. Employees shall combine accrued paid time off with short-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the short-term disability payments.
31 Article 36 Long Term Disability Insurance (LTD)
The city
will provide city-paid long-term disability insurance. This insurance shall provide for a 90 calendar day waiting period prior to payment eligibility. The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period.

Employees shall combine accrued paid time off with LTD payments for the purpose of achieving the equivalent of their base salary.

Effective January 1, 2020, long-term disability benefits shall be provided at 66 2/3% of the employee’s pre-disability base salary, up to a maximum base salary of $150,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase.

Article 37 Retirement
A. Th
e city has contracted with CalPERS for the following retirement benefits:

Miscellaneous “Classic” Members (those that do not qualify as “New Members” as defined below)
• Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 – The retirement formula shall be 3% @ 60; single highest year final compensation.
• Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 – The retirement formula shall be 2% @ 60; three-year average final compensation.
“New Members”
Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 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 six months or more) will be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits.
• Retirement formula shall be 2% @ 62; three-year average final compensation.

B. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing provisions of Section 414(h)(2) of the Internal Revenue Code.

Employees shall make the following employee retirement contributions through payroll deductions:
• Miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%).
• Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%).
32 • Miscellaneous employees who meet the definition of “New Member” under PEPRA shall pay one half of the normal cost rate associated with their benefit plan.

C. The city will continue to contract with CalPERS for the third level of 1959 Survivors’ Benefit.

D. The city shall continue to contract with CalPERS for the military service credit option.

The cost of this option is borne entirely by the employee. Payments by the employee to CalPERS are to be arranged by the employee directly with CalPERS. Once such a payment schedule has been approved by CalPERS, the employee may arrange with the city for such payments to be made by means of payroll deduction Article 38 Deferred Compensation
Th
e city shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The city reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the city.

It is acknowledged that the city will assist in the administrative set-up of this benefit but that the city has no liability if an employee should default on the repayment of a deferred compensation loan.

Article 39 Dispute Resolution Procedure
The
purpose of this procedure is to provide a single, uniform process for CCEA represented employees to resolve disputes concerning grievances and discipline in an efficient manner and without subsequent discrimination or reprisals. Any time limit provided under this Article may be extended by mutual consent of the parties.

1. Applicability of This Article
Gr
ievances and group grievances, as defined in Part 2 of this Article, may be appealed under Parts 2 and 4 of this Article. The following types of discipline may be appealed under Parts 3 and 4 of this Article: suspension of more than one work shift, reduction in pay of more than one work shift, demotion and termination. Any regular CCEA represented employee may appeal a letter of reprimand, suspension of one work shift or less or reduction of pay of one work shift or less to his or her Department Head for a final decision.

2. Grievances
A. I ndividual Grievances
A “g
rievance” is a formal, written allegation by a grievant that the grievant has been adversely affected by an existing violation, misinterpretation or misapplication of the 33 specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations.

B. Gr oup Grievances
With
in 30 calendar days after authorized representatives of the employee organization knew or by reasonable diligence should have known of a condition giving rise to a grievance, a group of employees may file a group grievance with the Human Resources Department. CCEA, as an “organization,” may also file a group grievance on behalf of employees if CCEA 1) identifies the employees who are adversely impacted by name and by classification, and 2) specifically identifies how these employees are being adversely affected.
(1) The group of employees must file one grievance form which all members of the group have read and signed. Members of the group will be limited to those who have read and signed the initial grievance form. (2) Group grievances shall proceed through all normal grievance processes and be subject to all applicable time limitations as set forth herein. (3) The resolution of a group grievance may not be consistent among employees who filed, read and signed the group grievance due to differences in the circumstances or occurrences that brought about the grievance.

C. In formal Resolution
Wi
thin 20 calendar days after an employee knew or reasonably should have known that he or she has suffered a grievable injury, the employee shall attempt to resolve the grievance by an informal conference with his or her immediate supervisor. Within 20 calendar days after an employee organization knew or reasonably should have known that its members have suffered a grievable injury, it shall attempt to resolve the matter by an informal conference with an appropriate immediate supervisor. The Supervisor shall meet with the employee(s) or organization within 10 calendar days of receiving the request for the meeting. The immediate supervisor shall give his or her response to the employee or employee organization within 20 calendar days of the informal conference. 34 D. Dep artment Head Review
If
a grievance is not informally resolved, within 20 calendar days after receiving the immediate supervisor’s response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the Department Head. The Department Head shall meet with the employee(s) or organization within 10 calendar days of receiving the request for the meeting. The Department Head, or designee, shall give his or her response to the employee or employee organization in writing within 20 calendar days of the meeting.

E. Ci ty Manager Designee’s Review
If
a grievance is not resolved by the Department Head, within 20 calendar days after receiving the Department Head’s response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the City Manager’s Designee. The City Manager’s designee shall meet with the employee(s) or organization within 10 calendar days of receiving the request for the meeting. The City Manager’s Designee shall give his or her response to the employee or employee organization in writing within 20 calendar days of the meeting.

F. Pe rmissible Relief
A gr
ievance may only seek to remedy the specific injury caused by a violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations.

The city’s exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the city, such as:
(1) If it would require the modification of a policy established by the City Council or by law;
(2) If it is reviewable under some other administrative procedure and/or rules of the city such as: appeals from formal disciplinary proceedings, appeals from work performance evaluations, etc.
(3) If it calls exclusively for relief that cannot be granted such as discipline of other employees or confidential information about other employees.

G. Ser vice of Notice
A n
otice that a grievance has been resolved or a notice that a grievance raises a matter that may not be addressed utilizing this procedure shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the 35 notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt.

H. R esolved Disputes
A gr
ievance is considered resolved under any of the following circumstances:
(1) When the city and employee agree to a resolution;
(2) When the employee fails to advance the matter to the next step of the administrative procedure in the time specified herein for doing so; (3) When the city has provided the relief sought by the employee that it is legally capable of providing.

A grievance that has been resolved does not progress any further through the dispute resolution process.

3. Discipline
A. G rounds For Discipline
Th
e city has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee’s prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following:
(1) Fraud in securing employment
(2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, disclosure of non-public, internal and/or confidential, information or dishonesty.
(3) Being under the influence of alcohol or intoxicating drugs while on duty.
(4) Absence without leave.
(5) Criminal conviction having some relevance to the job. (6) Intentionally being discourteous to the public.
(7) Unauthorized use of or neglect of city property.
(8) Abuse of sick leave.
(9) Unauthorized outside employment that constitutes a conflict of interest (10) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (11) Falsification of any c ity report or record.
(12) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department manager, or supervisor. (13) Political activities precluded by State or Federal law. (14) Failure to respond to questions or otherwise failure to participate during an investigation conducted by the city or its agents.
(15) Other acts that are incompatible with service to the public. 36 B. Pre- Disciplinary Procedure
If
a supervisor determines that an employee might be a threat to him or herself, other employees or members of the public, the supervisor may immediately take whatever action is necessary to reduce or eliminate the danger, but the employee shall retain the right to notice and an opportunity to respond to discipline under this Article.

Except for any oral or written counseling, warning or reprimand, the Department Head or designee shall advise the employee and the Human Resources Director of contemplated disciplinary action in a written Notice of Intended Discipline including a description of the misconduct, the grounds for discipline, and the employee’s right to respond within seven calendar days after the date of the Notice of Intended Discipline and prior to the discipline being imposed. If the employee elects to respond, he or she may have a representative and meet informally with the City Manager’s designee, without the right to bring witnesses or present a formal case. Within seven calendar days of the employee’s response or failure to respond in a timely manner, the City Manager’s designee shall advise the employee in writing whether the proposed discipline, modified discipline or no discipline is being imposed.

Any discipline will be announced in a written Notice of Discipline including a description of the misconduct, the grounds for discipline and the right to appeal the discipline using the administrative procedure under Part 4 of this Article.

C. Ser vice of Notice
A N
otice of Intended Discipline or a Notice of Discipline shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt.

4. Administrative Procedure
An e
mployee may have both a legal representative of his or her choosing and a CCEA representative of his or her choosing at any step of this administrative procedure. This representative may at the employee’s option be provided by an employee organization. If the representative is a city employee, the employee seeking the representative shall notify the representative’s immediate supervisor and the city’s Human Resources Department in writing and the supervisor shall make the necessary arrangements for the representative to be present at any hearing.

A. Step One - Filing an Appeal
If
a grievance is not formally resolved or an employee seeks to appeal a suspension of more than one work shift, reduction in pay of more than one work shift, demotion or termination, within 10 calendar days of receiving the City Manager designee’s response to the grievance or the Notice of Discipline, the employee or employee organization may file with the Human Resources Director an application for an advisory hearing. 37 B. S tep Two - Administrative Hearing
(1) H earing Procedure
I
f the matter is subject to an advisory hearing, the city shall arrange if practicable for the matter to be heard by a hearing officer within 120 calendar days of the date of the filing of the appeal with the Human Resources Director. The hearing shall be scheduled for a time that is mutually convenient to the parties and the hearing officer.

The advisory hearing shall be closed unless the employee or the employee organization request that it be open to the public. In the case of an appeal of a grievance, the parties shall equally bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. In the case of an appeal of disciplinary action, the city shall bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs.

The advisory hearing shall be limited to arguments, witness testimony and exhibits offered by the parties. The hearing shall proceed according to an Administrative Order regarding Rules of Procedure for Personnel Meetings and Hearings. Such an Administrative Order will replace Personnel Board Resolution 19 to reflect that the Personnel Board is being replaced by a hearing officer in matters of grievance and discipline.
(2) H earing Officer
T
he employee or employee organization and the city may agree that the advisory hearing will be conducted before a hearing officer mutually selected by the parties from a list of hearing officers provided by a neutral third party. The selection of a hearing officer will include a review of the hearing officer’s background and qualifications which will include experience as a labor attorney and/or mediator and/or arbitrator affiliated with American Arbitration Association, State of California Mediation and Conciliation Service or Judicial Arbitration Mediation Services (JAMS).
(3) P ermissible Relief
In
the case of a grievance appeal, the hearing officer may only recommend that the relief initially sought by the employee or employee organization be granted or that the position of the city should be upheld.

In the case of disciplinary appeals, the hearing officer may recommend either that the discipline imposed by the city be upheld, that a lesser discipline be imposed, or that no discipline be imposed.
38 The advisory findings and recommendation of the hearing officer shall be provided to the employee or employee organization.

C. St ep Three- Final Determination
The
advisory findings and recommendation, hearing transcript and exhibits concerning a grievance or a disciplinary appeal shall be transmitted as soon as reasonably possible to the City Manager for a final determination. The City Manager, or designee, may allow, at his or her discretion, limited oral arguments and/or written statements from either side.

Within 30 calendar days of receiving all applicable documents or hearing the oral arguments of the parties, whichever is later, the City Manager or designee shall make a final and conclusive written decision.
(1) For grievances, the City Manager, or designee, shall either reject the grievance or uphold the grievance and provide a remedy selected by the City Manager, or his/her designee.
(2) For disciplinary appeals, the City Manager, or designee, shall make a final and conclusive written decision to uphold, modify or reject the discipline.

D. P ost-Hearing Procedure
The
provisions of California Code of Civil Procedure Section 1094.6 shall apply to the final determination of the City Manager.

Article 40 Alcohol and Drug Policy
I. POLICY
It
is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with applicable State and Federal law. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective.

A. De finitions - 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 39 city-assigned work is being conducted, or within a reasonable time thereafter.

3. “Reasonable suspicion” means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety.

B. E mployee Responsibilities

1. A
s a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on-call;
b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel;
c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than five days after such conviction;
(notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and
d. abide by all terms of this policy.

2. Employees are required to notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), which they have been informed by a medical provider may interfere with safe or effective performance of their duties or operation of city equipment.

3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee’s employment with the city, consistent with the legal requirements for disciplinary due process.

C. Em ployer Searches
F
or the purpose of enforcing this policy and maintaining a drug-free workplace, the city reserves the right to search, with or without prior notice to the employee, 40 all work areas and property in which the city maintains full or joint control with the employee, including but not limited to city vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas under full or joint city control since such work areas may be subject to investigation and/or search under this policy.

Employer searches shall occur when there is a determination of “reasonable suspicion” as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. Nothing herein shall prevent the city from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use.

D. C onsequences of Violation of Policy

1. F
ailure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination.

2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program.

II. DRUG AND ALCOHOL ANALYSIS
A. Pre- employment Drug and Alcohol Analysis

1. Af
ter receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis.

2. Persons whose results are positive for either illegal drugs or alcohol will be rejected for city employment.

B. E mployee Drug and Alcohol Analysis

1. If a m
anager or supervisor of the city has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis.
41 c. A n employee may also be required to remain on the premises for a reasonable time until arrangements can be made to transport the employee to his or her home.

2. Some examples of “reasonable suspicion” as defined in Section 1.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or disability;
d. an accident involving c ity property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation;
f. attributable possession of alcohol or drugs;
g. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs;

3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by city management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination.

4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job.

5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination.

6. City agrees to take steps to protect the chain of custody of any drug test sample.

III. EMPLOYEE ASSISTANCE PROGRAM
A. Th
e 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 42 the city wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor.

B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral contacts are held in confidence by the EAP.

C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any city policy.

Article 41 Access to Information
Th
e city will make available to CCEA such non-confidential information pertaining to employment relations as is contained in the public records of the city, subject to the limitations and conditions set forth in this article and Government Code Section 6250-6260. Such information shall be made available during regular office hours in accordance with the city’s rules and procedures for making public records available and after payment of reasonable costs, where applicable.

Information which shall be made available to CCEA includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries but shall not be made available in such form as to disclose the source.

Nothing in this article shall be construed as requiring the city to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the city.

Nothing in this article shall be construed to require disclosure of records that are:
(1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (2) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; (3) Records pertaining to pending litigation to which the city is a party, or to claims or appeals which have not been settled.

Article 42 Communications
The
parties agree to continue meeting at least once each month during the term of the agreement for the purpose of continuing communications on subjects of mutual concern. 43 Article 43 Legal Representation
Upon r
equest of an employee and subject to any limitations provided by law, the city will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity other than the city in a court of competent jurisdiction, on account of any act or omission occurring within the course and scope of the employee’s employment with the city.

Nothing herein shall be deemed to require the provision of such defense where the discretion to provide or not provide such defense is vested in the city pursuant to the provisions of the California Government Code, or where the act or omission was not within the scope of the employee’s employment, or the employee acted or failed to act because of actual fraud, corruption or actual malice, or where the provision of such defense would create a conflict of interest between the city and the employee.

Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said Government Code.

Article 44 Layoff
Layoff: The city may layoff an employee in the merit service because of material change in duties or organization or shortage of work and funds. The city will use its best efforts to give the employees as much notice as possible with a minimum of 14 calendar days prior to the effective date of a layoff. The appointing authority or designee shall notify the Human Resources Director of the intended action with reasons therefore. A copy of such notice shall be given the employee affected and CCEA. The name of the employee laid off shall be placed on the appropriate reemployment list as provided by these rules.

Reduction in Force Procedures: The following procedures will apply to all probationary and permanent employees in the event of a reduction in the city work force. (a) City Service Seniority: c ity service seniority shall be determined as the period of total continuous service with the city as measured from the date of original appointment. This shall include periods of authorized leaves of absence.
(b) Order of Reduction in Force : Whenever there is a reduction in force employees shall be selected for layoffs in the following order: (1) hourly and temporary employees in the affected classification series; (2) provisional and limited term employees in reverse order of their city service seniority in the affected classification series; (3) c ity probationary employees in reverse order of their city service seniority in the affected classification series; (4) and regular employees in reverse order of their c ity service seniority in the affected classification. (c) Reduction in Force - Demotion: Whenever there is a reduction in the work force in which one or more employees in a classification has been identified for layoff, the c ity shall demote the employee in that classification with the highest city service seniority to a vacancy. The employee identified for demotion to the vacant classification must have previously served in that classification and be determined to be currently qualified. An employee may refuse to accept a 44 demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure.
(d) Notification: Whenever there is a reduction in the work force requiring layoff, the city shall send written notice to the last known address of each employee affected by a layoff with copy to CCEA. The notice shall include the (1) reason for layoff, (2) classes to which the employee may demote within the c ity, if any, (3) effective date of action, (4) conditions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list.
(e) Determining Order of Layoff and Demotion for Employees With Identical City Service Seniority: Should two or more employees have identical city service seniority, the order of layoff and demotion will be determined by the Human Resources Director who will use randomizing software to determine seniority.
(f) Transfer: All effort will be made by the city to transfer any employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. (g) Order and Method of Demotion Pursuant to a Reduction in Force --Bumping: When required due to a reduction in force, employees shall be demoted in the following manner:
(1) Employees who are demoted, who have held permanent status in a lower classification shall have the right to bump employees of lesser c ity service seniority in that lower classification.
(2) Employees who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a city probationary employee in such lower class but may not bump regular city employees already in that lower classification. (h) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force: Employees who are demoted as a result of a reduction in force shall have their names placed on a reinstatement list, in order of their c ity service seniority. Vacant positions in which an employee has served within a classification series shall first be offered to employees on this list. (i) Reemployment of Employees Laid Off as a Result of a Reduction in Force : Employees who are laid off and who held permanent city status at the time of layoff shall have their names placed on a reemployment list for classifications at the same or lower salary range for which they qualify in the order of their city service seniority. Vacant positions in such classifications will be offered to eligible individuals on the reemployment list who qualify for such vacancies prior to an open or promotional recruitment.
(j) Duration of Reinstatement and Reemployment Lists : The eligibility of individuals on the reinstatement and reemployment list shall extend for a period of two years from the date of demotion or layoff. Eligible individuals not responding to written notification of an opening after 14 calendar days shall h ave their names removed from either the reemployment or reinstatement list.
45 (k) Restoration of Benefits Upon Reemployment Following a Reduction in Force : Upon reemployment following a reduction in force, an individual will have the following benefits restored:
(1) Prior sick leave accruals.
(2) City s ervice seniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force.
(3) The salary paid to an employee who is reemployed shall be equivalent to the salary paid at the time of layoff. If the employee chooses to be reemployed in a classification which has a salary range lower than the classification from which the employee was laid off, then salary placement will be equivalent to the salary paid at the time of layoff, or at the top of the salary range of the lower classification as reflected in the current effective salary plan at the time of reemployment, whichever is lower.
(l) Payoff of Accruals Upon Layoff : Laid off employees are to be paid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff. The sick leave accruals of such employee will remain on the books and will be reinstated if they are reappointed. (m) Retirement Contribution : The disposition of the retirement contributions of a laid off employee shall be governed by the provisions of the State of California Public Employees’ Retirement Law as contained in the Government Code.
(n) Severance: CCEA represented employees involuntarily separated from the c ity service due to layoff shall receive the equivalent of three months’ base salary, computed at the employee’s actual salary at the time of separation, provided that the employee who was involuntarily separated enters into, executes, and does not rescind or revoke the Separation Agreement and General Release , attached hereto as Attachment C and incorporated herein. The Separation Agreement and General Release is not subject to negotiation, either individually or collectively.

Article 45 Full Understanding, Modification, & Waiver
It is
intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved and implemented by the city Council.

The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 46 Article 46 Provisions of Law
It
is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby.

Article 47 Retention of Benefits
Th
e employees of the City of Carlsbad shall retain all present benefits as set forth in this Memorandum for the term of this agreement, except as amended by this Memorandum, or unless modified after exhausting the meet and confer process.

Article 48 Non-discrimination Clause
No pe
rson shall in any way be favored or discriminated against, by either the city or the Association, to the extent prohibited by law because of actual or perceived political opinion or affiliation, race, color, religion, gender, sexual orientation, marital status, age, national origin, veteran status, medical condition or physical or mental disability. In addition, no person shall be favored or discriminated against because of the person’s association with someone who has or is perceived to have any characteristics of being in one of these classes of people. This affects decisions including, but not limited to, an employee’s compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer and other privileges of employment.

The city is committed to providing ongoing training to all employees on the subjects of equal employment, non-discrimination and cultural awareness.

Article 49 Americans With Disabilities Act
The
parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this Memorandum of Understanding so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this Memorandum of Understanding.

Article 50 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits
All C
CEA-represented employees shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple.

Effective January 1, 2020, all CCEA-represented employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a 47 maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple.

Effective January 1, 2023, all CCEA-represented employees shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000.

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 442-339-2440.

Article 51 Special Housing Facilities
Th
e city maintains a residence at the Maerkle Reservoir, Dam, Treatment Facility and Site. The employee assigned the duty of Maerkle Facilities Steward is tasked with maintaining a safe, legally compliant facility and ensuring the security of city facilities. A detailed description of the conditions that apply to this assignment are outlined in Attachment B.

1. Employee Status
Th
e employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the city.

2. Priority of Assignments
In
the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division.

In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the city’s Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies:
a. Cal -OSHA’s California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials.
b. Federal EPA’s Code of Federal Regulations, Ti tle 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements.
c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program.
d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan.
e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. 48 g. Must possess a current CDPH issued Distribution Operator Grade D- 3 and Treatment Operator Grade T-1 per CDPH “shift operator” requirements.

The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above.

3. Responsibilities
The S
teward shall be responsible for performing the following duties:

A. S afet
y
a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan
b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan
c. Ensure the residence, property and facilities are kept in a safe condition B. E
me
rgency Response – Notification – Documentation
a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements
b. Provide timely and proper notification
c. Provide timely and proper documentation
d. Assist duty operator with onsite problems
C. O
per
ations and Maintenance
a. Make occasional chlorine adjustments, flow changes and system changes as needed
b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. I
nsp
ections
a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes
c. Document and report any issues or concerns to the Water Operations Supervisor E. S ecur
ity
a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month (except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward’s responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate
49 4. Rent and Utilities
The
city shall charge a nominal rent for the residence. Said rent shall be established from time to time by the city and communicated to the Steward in writing with 60 calendar days advance notice of any changes. The city shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities.

5. Term
The
city maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the city’s discretion and the city shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least 60 calendar days’ notice to the Steward. There shall be an annual review of the Steward’s performance with the Water Operations Supervisor. The Steward shall, when possible, give the city at least 60 calendar days written notice if the Steward desires to be relieved of this assignment.

Article 52 Contracting Out Work

1. The city has the right to contract out any or all of the services currently being performed by CCEA represented classifications or that could be performed by CCEA represented classifications to any one or more public or private entities or individuals.

2. Prior to contracting out the services referenced in item number one above, the c ity shall first satisfy its obligation to meet and confer with CCEA regarding both the decision and effects of contracting out those services

3. CREATION OF A REQUEST FOR PROPOSAL (“RFP”)
a. CCEA may appoint up to two of its members to attend a meeting with city staff responsible for the creation of an RFP for the purpose of providing input to the city regarding the creation of the RFP for contracting out the services referenced in item number one above. This first meeting shall occur prior to the RFP being prepared by city staff.
b. After the draft RFP is completed by city staff, a copy of the RFP shall be forwarded to the CCEA appointees by email and a subsequent meeting shall be scheduled, which shall take place within seven calendar days from the date the RFP is received by the CCEA appointees. The purpose of the meeting is for CCEA appointees to meet with the city staff responsible for preparing the RFP in order to discuss the RFP and ask questions as necessary. Additional meetings may be scheduled if mutually agreeable. Following conclusion of the meeting(s), CCEA’s appointees may provide written feedback/suggestions regarding the RFP for the consideration of city staff prior to it being finalized and sent to any potential contractors. CCEA’s feedback/suggestions shall be forwarded to city 50 staff responsible for the creation of the RFP by email within seven calendar days from the date of conclusion of these meetings.
c. Prior to distribution of the RFP to potential contractors, the city shall provide the CCEA appointees with the final version of the RFP.
d. Neither CCEA nor its appointees shall have veto power over any c ity decision related to the contents of an RFP or the RFP process.
e. Neither CCEA nor its appointees may use the appointees’ involvement in the RFP process to delay the RFP process
f. CCEA’s appointees shall sign confidentiality agreements, as agreed to by the city and CCEA, prior to receiving any information related to an RFP

4. MEET AND CONFER PROCESS
a. The c ity may send RFPs created following the procedure outlined in item number three above to potential contractors prior to engaging in the meet and confer process with CCEA.
b. After the city receives responses to the RFP, the City Council or designee shall determine whether to pursue contracting out of those services that are the subject of the RFP.
c. In the event that the City Council or designee decides to pursue contracting out of any or all of the services that are the subject of the RFP, the city’s negotiating team will make a proposal in writing to CCEA to contract out those services and will provide a copy of the leading proposal to CCEA along with its proposal.
d. After reviewing the city’s proposal, CCEA may request in writing to meet and confer over the decision to contract out services and/or the effects of that decision no later than 14 calendar days from the date of CCEA’s receipt of the city’s proposal. The first meeting of the meet and confer process shall be scheduled within 14 calendar days of CCEA’s written request. If CCEA requests to meet and confer over both the decision and effects, decision and effects negotiations shall take place simultaneously. It is understood by the parties that the meet and confer process is not required to be completed in one single meeting.
e. The negotiations over the decision and/or effects shall be subject to combined impasse procedures.

5. CITY COUNCIL DECISION
a. After the meet and confer process has concluded by either reaching agreement or exhausting impasse procedures, the City Council will make its final decision on whether to contract out those services subject to the RFP. 51 Article 53 Pay Ranges
Each
City of Carlsbad job classification is assigned to a specific pay range.

Effective the first pay period in calendar year 2023 the pay ranges of the following classifications will be assigned to the new pay range shown in the table below.

Classification Current
Range
New
Range
Accountant 68 69
Accounting Supervisor 55 57
Accounting Technician 45 47
Administrative Secretary 42 43
Deputy City Clerk 67 71
Equipment Technician I 43 44
Equipment Technician II 51 52
Human Resources Technician 49 50
Lead Equipment Technician 61 62
Lead Librarian 65 66
Librarian 57 58
Mail/Clerk Messenger 1 5
Maintenance Worker I 17 20
Meter Services Worker I 11 15
Meter Services Worker II 33 37
Meter Services Worker III 46 50
Office Specialist I 5 9
Office Specialist II 12 16
Park Maintenance Worker II 28 31
Park Maintenance Worker III 46 49
Risk Technician 53 54
Records Technician 31 32
Sanitation Systems Operator II 88 89
Secretary 34 35
Senior Deputy City Clerk 77 81
Senior Human Resources Technician 59 60
Senior Librarian 75 76
Senior Office Specialist 23 27
Street Maintenance Worker III 46 49
Traffic Systems Operations Specialist 80 98
Training Coordinator 49 60
Tree Trimmer I 25 27
Tree Trimmer II 36 38
52 Tree Trimmer Leadworker 51 53
Waste Water Utility Worker I 41 54
Waste Water Utility Worker II 52 66
Waste Water Utility Worker III 67 77
Water Systems Operator III 99 103
Article 54 Survey Market
In keeping with the City Council’s philosophy of surveying the total compensation of local agencies, the agencies listed below will be considered in the survey market for CCEA.

1. City of Chula Vista

2. City of Coronado

3. City of Del Mar

4. City of El Cajon

5. City of Encinitas

6. City of Escondido

7. City of Imperial Beach

8. City of La Mesa

9. City of National City

10. City of Oceanside

11. City of Poway

12. City of San Marcos

13. City of Solana Beach

14. City of San Diego

15. City of Santee

16. City of Vista

17. County of San Diego
The seven agencies listed below will also be considered in the survey market for the job classifications of:
• Cross Connection Control Technician,
• Senior Cross Connection Control Technician,
• Sanitation Systems Operator I/II/III,
• SCADA Technician,
• Utility Worker I/II/III,
• Waste Water Utility Worker I/II/III and
• Water Systems Operator I/II/III.

1. Encina Wastewater Authority

2. Helix Water District

3. Olivenhain Municipal Water District

4. Otay Water District

5. Padre Dam Municipal Water District

6. Vallecitos Water District

7. Vista Irrigation District
53 Article 55 Reopener
At
any time during the term of the MOU, after CalPERS announces their actual rate of return for the prior fiscal year, if the CalPERS “discount rate” (i.e., actual rate of return) is less than the expected rate of return, either party may reopen negotiations to discuss pension liability and the sustainability of the cost of CalPERS retirement.

Article 56 Paid Family Leave
Ef
fective January 1, 2020, per Administrative Order No. 84, all CCEA-represented employees will be eligible for up to 160 hours per year of paid family leave to care for an immediate family member or bond with a new child.

Article 57 Confined Space Pay
Employees classified as Sanitation System Operators and Wastewater Utility Workers must routinely and consistently make permit-required entries into confined spaces which Cal-OSHA characterizes as (1) containing or having a potential to contain a hazardous atmosphere; (2) containing a material that has the potential for engulfing an entrant; (3) having an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross section; or (4) containing any other recognized serious safety or health hazard. For performing these activities, employees in these classifications shall receive pay equal to five percent of the employees’ base salary as special compensation that is reportable to CalPERS. Effective the first pay period in calendar year 2023 employees classified as Utility Workers and Water Systems Operators will also receive this pay.

I THE WITNE WHEREOF, the parlies hereto have cau ed their duly aulhorized repr enta ·veto execute the Memorandum of Under tanding the da , month, and year noted bel w.

BYRn:,
Date
Approved a to form:
ttorney
Carlsbad City Emplo ee 'Association
2/22/2023
0, Pr esident, Date
54 3/1/nz.3
Dale
1 ATTACHMENT A
COMPENSATION AND BENEFITS SUMMARY – CCEA REPRESENTED
E

MPLOYEES WORKING A REDUCED FTE SCHEDULE
For CCEA-represented employees working a reduced FTE schedule (ex. 0.75 FTE or job sharing

0.5 FTE) pro-rated benefits are calculated based on 75% and 50% of the full benefits and will be applied respectively.

The standard 0.75 FTE work schedule is 30 hours per week. The standard 0.5 job sharing FTE work schedule is 20 hours per week. If one part of a job-share position becomes vacant, the remaining incumbent must convert to full-time until another job-share partner is found.

COMPENSATION:

Employees on a reduced FTE schedule will be compensated at an hourly rate based on the current salary schedule. Salary will be calculated based on the number of actual hours worked and salary earned.

Overtime
Employees will be paid overtime after working in excess of 40 hours a week. Extra shifts worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in accordance with the Fair Labor Standards Act (FLSA).

The regular work week should not exceed 30 hours per week for 75% time positions or 20 hours per week for 50% time positions. If there are occasional extra hours worked, the time should be reported appropriately to payroll as extra hours. Extra hours should not be a continual or regular practice and may result in jeopardizing the reduced FTE schedule.

Bilingual Pay
Employees working a reduced FTE schedule who are eligible for Bilingual Pay will receive an amount that is prorated by the appropriate reduced FTE percentage.

BENEFITS:

Health Insurance Deductions
Employees working a reduced FTE schedule are eligible to participate in the same health insurance programs as full-time employees. Employees working a reduced FTE schedule may select one of the city’s medical plans and will be enrolled as an employee with full benefit coverage. Because reduced FTE employees work fewer hours per pay period, they will be eligible for a prorated percentage of the benefits credits for which full time employees are eligible. (Refer to benefit rate sheets.)
Leave Accruals
• SICK LEAVE: Accrued at appropriate prorated percentage of the full-time accrual rate.
• VACATION: Accrued at appropriate prorated percentage of the full-time accrual rate.
2 • HOLIDAY PAY: Six hours per Holiday paid for 0.75 FTE employees. Four hours per Holiday paid for 0.5 FTE employees. City posted Holiday Schedule applies. If a Holiday falls on a day the employee is NOT normally scheduled to work, the employee will agree with the employee’s supervisor when to take a regularly scheduled work shift in that same pay period as a Holiday.
• F
LOAT
ING HOLIDAY: Six hours per Holiday paid for 0.75 FTE employees. Four hours per Holiday paid for 0.5 FTE employees.

An employee whose scheduled shift duration exceeds the hours of Holiday pay could get approval from their supervisor to work extra hours in the pay period in which a Holiday falls to make up for the reduced number of hours paid for the Holiday. An employee may also choose to take hours without pay that period for hours lost due to reduced Holiday pay. It is NOT required to use leave balances to make up for the fewer hours paid on a Holiday. However, on a non- Holiday, if an employee leaves early or takes time off accrued leave balances must be exhausted prior to taking leave without pay.

CalPERS Service Credit
Future retirement benefit and employee contributions (made by the c ity) are adjusted for lesser earnings. A full time employee receives one year of service credit for every 10 or more months of full time employment during the fiscal year. A 75% time employee is credited with .90 of a year (.75 x .100 year credit x 12 months) for one year of 75% time employment. A 50% employee is credited with .60 of a year (.5 x .100 year credit x 12 months) for one year of 50% employment.

Short Term and Long Term Disability
The city pays the premium based on actual earnings.

Life Insurance and Supplemental Life Insurance
The benefit is based on regular base salary.

Employee Computer Purchase Program
Employees on a 0.5 FTE schedule are not eligible to establish a computer purchase loan.

Employee Education Program
Employees on a 0.5 FTE schedule are not eligible for tuition reimbursement.

I understand and agree to the reduced FTE terms outlined above and agree to the terms and conditions set forth in this document.

I understand that I will be in a Reduced FTE time status 0.75 0.5 from _________________ to _________________.
________________________________ __________________________________________ Employee (Print Name) Employee Signature Date
D D
Attachment A

ATTACHMENT B

MAERKLE RESERVOIR, DAM, TREATMENT FACILITY AND SITE STEWARD

REQUIREMENTS, RESPONSIBILITIES AND AGREEMENT TO TERMS OF

ASSIGNMENT
Per the Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad City Employees’ Association (CCEA), I am accepting the assignment of the Maerkle Facilities Steward and acknowledging the following requirements, responsibilities and terms of the assignment:

1. Employee Status
The em
ployee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the city.

2. Priority of Assignments
In t
he event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division.

In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the city’s Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies:
a. Cal -OSHA’s California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials.
b. Federal EPA’s Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements.
c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program.
d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan.
e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams.
g. Must possess a current CDPH issued Distribution Operator Grade D- 3 and Treatment Operator Grade T-1 per CDPH “shift operator” requirements.

3. Responsibilities
The S
teward shall be responsible for performing the following duties:

A. S afet
y
a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan
b. Immediately report any observed non- compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan
c. Ensure the residence, property and facilities are kept in a safe condition B. E me
rgency Response – Notification – Documentation
a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements
b. Provide timely and proper notification
c. Provide timely and proper documentation
d. Assist duty operator with onsite problems
C. O
per
ations and Maintenance
a. Make occasional chlorine adjustments, flow changes and system changes as needed
b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. I
nsp
ections
a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes
c. Document and report any issues or concerns to the Water Operations supervisor E. S ecur
ity
a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month (except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward’s responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate

4. Rent and Utilities
The
city shall charge a nominal rent for the residence. Said rent shall be established from time to time by the city and communicated to the Steward in writing with 60 calendar days advance notice of any changes. The city shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. Upon change of Steward, the outgoing Steward shall have the propane tank filled and the carpets professionally cleaned and provide verification of such to the Water Operations supervisor. The outgoing Steward will have the option of being billed for v
these services by the city. If the outgoing Steward selects this option, the Steward will provide a 30 calendar days’ notice and the city will have the propane tank filled and the carpets professionally cleaned.

5. Term
Th
e city maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the city’s discretion and the city shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least 60 calendar days’ notice to the Steward. There shall be an annual review of the Steward’s performance with Water Operations supervisor. The Steward shall, when possible, give the city at least 60 calendar days written notice if the Steward desires to be relieved of this assignment.

6. Sole Place of Residence
Th
e crew member assigned as the Steward shall maintain the residence as the Steward’s sole place of residence.

7. Others Living at Residence
Onl
y the Steward and a reasonable number of persons who constitute a bona fide single household unit shall be allowed to reside at the house.

8. Vehicles
Th
e Maerkle Facilities Steward shall drive a city vehicle. No more than three private vehicles shall be kept at the residence unless pre-approved by the Water Operations supervisor.

9. Firearms
The
Steward shall not carry any firearms in the performance of the Steward’s duties or in city vehicles and shall not discharge any firearms on city property. Any firearms that are personal property of the Steward shall be allowed to be stored at the residence provided they are securely stored. The Steward will notify the Water Operations Supervisor in advance of bringing any firearms on the premises and shall show proof of secured storage.

10. Parties
Th
e Steward shall notify the Water Operations Supervisor, in writing, at least seven calendar days in advance of any party at the residence involving 15 or more people. vi

11. Pets
The
Steward shall be allowed to have pets and any outdoor pets shall remain within the fenced portion of the property provided for this purpose. The Steward shall be responsible for any damages caused by pets. The Steward may not keep pets known to be vicious.

The rent at the Maerkle residence is currently set at $75.00 per pay period. Automatic payroll deductions will begin for this amount starting with the beginning of the pay period on _____________________________.

I have read the preceding Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibility and Agreement to Term of Assignment and understand it. By signing below, I am agreeing to these terms in their entirety.

Employee Signature Date
1 ATTACHMENT C

SEPARATION AGREEMENT AND GENERAL RELEASE
This Separation Agreement and General Release of All Claims ("Agreement") is made and entered into by and between the City of Carlsbad (“CITY") and __________________________ ("EMPLOYEE") with reference to the following facts:

Due to economic reasons the CITY has decided to reduce its workforce by instituting a reduction in force or layoff in EMPLOYEE’s job classification. In consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows:

1. Termination of Employment Relationship
The employment relationship which existed between EMPLOYEE and the CITY prior to the effective date of this Agreement shall cease to exist as of ____________, 20__, with EMPLOYEE's last actual day at work being _____________, 20__.

2. Benefits of Agreement
A. In consideration of EMPLOYEE entering into this Agreement, the CITY will record EMPLOYEE’s separation from the CITY as a reduction in force when applying for unemployment with the State of California Employment Development Department (EDD). EMPLOYEE agrees to use the date of _______________, 20__ as the effective date of separation.

B. While EMPLOYEE’s separation date is ___________________, 20__, any health insurance benefits EMPLOYEE receives will continue until ________________, 20__; dental and vision, if any, will continue until _______________, 20__.

C. EMPLOYEE will receive the equivalent of three months’ base salary to be paid in a lump sum direct deposit within two weeks after this document has been received by the CITY and the right to rescind this Agreement, pursuant to Section 7 Right to Revoke Agreement, has expired.

D. EMPLOYEE understands and agrees that EMPLOYEE will receive no further wage, severance, vacation or other similar payments from the CITY other than those vested benefits or rights of EMPLOYEE to which EMPLOYEE would otherwise be entitled upon separation.

E. EMPLOYEE agrees that EMPLOYEE has not and will not file any complaints, charges or lawsuits against the CITY at any time hereinafter with any governmental agency or any court arising out of EMPLOYEE’S employment with the CITY. EMPLOYEE further agrees not to institute or join any action, lawsuit or proceeding against the CITY arising out of EMPLOYEE’S employment; however, EMPLOYEE shall not be limited from pursuing claims or other enforcement activities for the sole purpose of enforcing EMPLOYEE’s rights under this Agreement.

EMPLOYEE fully releases and discharges the CITY, its council members, officers, employees, agents and attorneys, from all actions, causes of action, 2 claims, judgments, obligations, damages, and liabilities of whatsoever kind and character, including, but not limited to, any actions, causes of action, claims, judgments, obligations, damages, or liabilities relating to EMPLOYEE’s employment with the CITY, including, but not limited to, those arising out of any claims for violation of any alleged contract, express or implied; any covenant of good faith and fair dealing, whether express or implied; any tort; any administrative remedy; any federal, state, or local law, statute or regulation based on or related to the Americans with Disabilities Act (42 U.S.C. §§12101-12213); the Federal Family Medical Leave Act (29 U.S.C. 2601-2654); the California Family Rights Act (Gov. Code §§12945.1-12945.2); the Age Discrimination in Employment Act (29 U.S.C. §§621-634); Title VII, Civil Rights Act of 1964 (42 U.S.C. §§2000-2000(e)1-17); and the California Fair Employment and Housing Act (Gov. Code § § 12900-12996).

EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR

SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY

HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.

3. Entire Agreement
This Agreement constitutes the sole and exclusive understanding of the parties and shall not be subject to modification in the absence of the mutual written consent of EMPLOYEE and the CITY.

4. Severability
If any provision of this Agreement as applied to either party or to any circumstances shall be adjudged to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall not affect the remainder hereof, its validity or enforceability, in any jurisdiction.

5. Controlling Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce this Agreement shall be brought in the Superior Court of California, County of San Diego, North County Judicial District.

6. Advisement-to Consult with Experts
The CITY offers no advice or counseling by way of this Agreement and strongly urges EMPLOYEE to seek appropriate advice or counsel from a qualified attorney or professional of EMPLOYEE's choice and EMPLOYEE’s own expense. 3 7. Right to Revoke Agreement
A. EMPLOYEE may revoke this Agreement within seven business days of the date of EMPLOYEE's signature. Revocation can be made by delivering a written notice of revocation to the CITY’s current Human Resources Director. For this revocation to be effective, written notice must be received no later than close of business on the seventh business day after EMPLOYEE signs this Agreement.

B. If EMPLOYEE exercises EMPLOYEE’S right to revoke consent to this Agreement during the seven-day period after EMPLOYEE signs this Agreement, this Agreement shall not be effective or enforceable and EMPLOYEE will not receive the payment and/or benefits described in Paragraph 2, Section C.

8. Non-Admission of Liability
The parties recognize that the making of this Agreement is voluntary and should not in any way be construed as an admission or indication that the EMPLOYEE or the CITY violated any law, or regulation or any right founded in any applicable constitutional or statutory provision, common law, contract or public policy. The Parties expressly deny unlawful and/or wrongful conduct arising out of or in connection with the employment of EMPLOYEE and/or the termination of the employment relationship.

9. Reemployment Rights
EMPLOYEE and CITY agree that any rights to reinstatement to any current or future vacancy will be governed by the layoff provision (Article 44) of the Memorandum of Understanding between the CITY and the Carlsbad City Employees’ Association (CCEA) in effect at the time of the separation.

10. Effective Date of Agreement
P
rovided no notice of revocation is received by CITY pursuant to Section 7, this Agreement shall become effective on the eighth business day from the date in which this Agreement is signed and dated by EMPLOYEE. If the Agreement is not dated by Employee, then the effective date of this Agreement shall be the seventh calendar day after receipt of the Agreement by CITY.

EMPLOYEE ACKNOWLEDGES THAT EMPLOYEE H

AS READ THIS

AGREEMENT AND THAT EMPLOYEE UNDERSTANDS IT AND IS
VOLUNTARILY ENTERING INTO IT. IF EMPLOYEE IS AT LEAST 40

YEARS OF AGE AT THE TIME THIS AGREEMENT IS SIGNED BY SAID

EMPLOYEE, YOU ARE HEREBY NOTIFIED THAT IN ACCORDANCE
WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (29 U.S.C. §§621-634), EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO

CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT

IS SIGNED, EMPLOYEE MAY REVOKE THIS AGREEMENT BY

DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE

HUMAN RESOURCES DIRECTOR OF THE CITY OF CARLSBAD NO

LATER THAN SEVEN DAYS AFTER EMPLOYEE EXECUTES THIS

AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME

EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY
PERIOD HAS EXPIRED.
4 IN W
ITNESS HEREOF, CITY has executed and entered into this Agreement by causing its name to be subscribed hereunder by duly authorized officers. EMPLOYEE has executed and entered into Agreement by subscribing EMPLOYEE’S name hereto. _______________________ _______ ____________________ _______ City of Carlsbad Date Employee Date
City Manager
_______________________ _______
Approved as to Form Date
by City Attorney
Attachment B

CFA MEMORANDUM OF UNDERSTANDING
1/1/2023 to 12/31/2025
Summary of Significant Changes

1. Term:

January 1, 2023 – December 31, 2025

2. Article 8 Compensation Adjustments:
a. Effective January 1, 2023, the city shall implement an across -the-board base salary increase for each represented classification of four percent. b. Effective January 1, 2024, the city shall implement an across-the-board base salary increase for each represented classification of four percent. c. Effective January 1, 2025, the city shall implement an across-the-board base salary increase for each represented classification of four percent.

3. Article 11 Annual Vacation Leave:

Effective the first day of the first full pay period following City Council approval of this MOU, the vacation accrual maximum shall increase from 320 to 400 hours for employees on an 80-hour per pay period schedule and from 448 to 560 for employees on a 112-hour per pay period schedule. In addition, employees shall be eligible to receive service credit based on their previous full-time paid experience in a professional public safety agency in an equivalent job classification. This credit only applies to the vacation accrual rate.

4. Article 13 Bilingual Pay
Effective the first pay period in 2023, bilingual pay will increase from $40 to $50 per pay period. In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU.

5. Article 15 Health Insurance/Flexible Benefits Program Effective the pay periods that include January 1, 2024, January 1, 2025 and December 31, 2025, the city benefits credits will increase.

6. Article 29: Paramedic License Pay
Effective the first day of the first full pay period following City Council approval of this MOU, Paramedic License Pay will change from $110.77 per pay period to 2.5% of the top step Paramedic Firefighter biweekly base salary
ii

7. Article 33: Leave of Absence
Effective upon the first day of the first full pay period following City Council approval of this MOU, employees returning from incident deployments shall be granted deployment recovery leave of up to 24 hours.

8. Article 38: Post-Retirement Healthcare Trust
Effective the first pay period in 2024, the city contribution to the Post- Retirement Healthcare Trust will increase from $150 to $200 per month per employee and the employee contribution will decrease from $250 to $200 per month.

9. Article 41: Education Incentive
Effective the first pay period in 2023, education incentive level I will increase from 4.0% to 4.5% of the top step Paramedic Firefighter biweekly base salary and level II will increase from 6.4% to 6.9% of the top step Paramedic Firefighter biweekly base salary.
iii
Exhibit 3

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC.

Term: January 1, 2023 - December 31, 2025

TABLE OF CONTENTS
Pr
eamble Page 1
Article 1 Recognition Page 1
Article 2 Implementation Page 1
Article 3 Term Page 1
Article 4 Renegotiation Page 1
Article 5 Retention of Benefits Page 2
Article 6 City Rights Page 3
Article 7 No Strike and No Lockout Page 3
Article 8 Compensation Adjustments Page 3
Article 9 Bereavement Leave Page 4
Article 10 Short- Term and Long-Term Disability Insurance Page 4 Article 11 Annual Vacation Leave Page 5
Article 12 Sick Leave Accrual Page 8
Article 13 Bilingual Pay Page 10
Article 14 Linen Provision, Maintenance, and Replacement Page 10 Article 15 Health Insurance/Flexible Benefits Program Page 10 Article 16 Holidays Page 12
Article 17 Retirement Benefits Page 13
Article 18 Provision of 1959 PERS Survivors’ Benefit Page 14 Article 19 Overtime for Employees Working a
112 Hour/Pay Period Schedule Page 14
Article 20 Overtime for Employees Working an 80 Hour/Pay Period Schedule Page 15
Article 21 Americans With Disabilities Act Page 18
Article 22 Family Leave Act Page 18
Article 23 Discipline of Employee Page 18
Article 24 Grievance Procedure Page 23
Article 25 Alcohol and Drug Policy Page 27
Article 26 Authorized Agents Page 31
Article 27 Full Understanding, Modification, Waiver Page 31 Article 28 Provisions of Law Pag e 32
Article 29 Paramedic License Pay Page 33
Article 30 Reporting Value of Uniforms to CalPERS Page 33 Article 31 Acting Pay Page 33
iv
Article 32 Deferred Compensation Page 33
Article 33 Leave of Absence Page 34
Article 34 Military Leave Page 38
Article 35 Jury Duty Page 38
Article 36 Life/Accidental Death & Dismemberment (AD&D) Insurance and Voluntary Benefits Page 39
Article 37 Probationary Period Page 39
Article 38 Post- Retirement Healthcare Trust Page 39
Article 39 Outsourcing Page 40
Article 40 Survey Market Page 40
Article 41 Education Incentive Page 40
Article 42 Wellness Page 42
Article 43 Paid Family Leave Page 42
Article 44 Association Time Bank Page 42
Appendix A Requirements to Apply for a Promotion and Serve Page 44 in an “Acting” Capacity, Effective January 1, 2023
Appendix B Compensation and Benefits Summary – Employees Page 45 Working a Reduced FTE Schedule
1 MEMORANDUM OF UNDERSTANDING
Thi
s Memorandum of Understanding is made and entered into as of the date of formal approval hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the “c ity”) and the designated representatives of the Carlsbad Firefighters’ Association, Inc. (hereinafter referred to as CFA or “CFA, Inc.”).

PREAMBLE
It
is the purpose of this Memorandum of Understanding (hereinafter referred to as “Memorandum”) to promote and provide for harmonious relations, cooperation, and understanding between the city management representatives and the local safety fire employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. In cases where there is a conflict between this Memorandum and the Carlsbad Fire Department Directives, this Memorandum shall prevail.

ARTICLE 1. RECOGNITION
The
City of Carlsbad recognizes CFA, Inc. as the majority representative for all classifications in this Unit, as set forth in the Petition for Recognition, submitted November 3, 1991, in accordance with the provisions of Section 2.48.090 (1) of the Carlsbad Municipal Code.

ARTICLE 2. IMPLEMENTATION
Thi
s Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CFA, Inc. It is agreed that this Memorandum shall not be binding upon the parties, either in whole or in part, unless and until the City Council acts by majority vote to formally approve and adopt this Memorandum. It is further agreed that, if the City Council approves and adopts this Memorandum, city management will act in a timely manner to make the changes or recommend the City Council make the changes, in city ordinances, resolutions, rules, policies, and procedures necessary to implement this Memorandum.

ARTICLE 3. TERM
The
term of this Memorandum shall be from January 1, 2023, through December 31, 2025.

ARTICLE 4. RENEGOTIATION
In the
event either party desires to meet and confer in good faith on the terms of a successor Memorandum, that party shall serve upon the other a notice of such intent. During the term of this 2 Memorandum, the parties agree to meet and confer upon request of the other party to discuss additional changes to this Memorandum in accordance with the Meyers -Milias-Brown Act (MMBA). In addition, the parties may meet and confer on the items listed below. • Health insurance benefits in order to reduce or eliminate penalties under the ACA. Any changes shall be by mutual agreement only.
• Employee cost sharing toward the city’s required contribution to CalPERS for CFA members if the CalPERS actual rate of return is less than CalPERS’ expected rate of return (the expected rate of return or “discount rate” in effect during that same prior fiscal year). Any changes shall be by mutual agreement only.

4.1 If there is a Ninth Circuit ruling between any parties under the Fair Labor Standards Act (FLSA) that determines the city’s current calculation of the regular rate of pay and overtime premium (e.g., the divisor and multiplier used) is below the FLSA minimum, then the parties will reopen negotiations to determine a remedy and any applicable changes to the MOU re: the calculation of the regular rate of pay and overtime premium. In addition, if there is a published Ninth Circuit decision that provides a revision or clarification to the FLSA that requires add-on pays not currently included in the city’s calculation of the regular rate of pay, the parties will reopen negotiations re: inclusion of those add-on pays in the FLSA calculation. The foregoing notwithstanding, if there is a published Ninth Circuit decision that add-on pays currently included in the city’s calculation of the FLSA regular rate are not to be included in the city’s calculation of the FLSA regular rate, this Agreement shall not reopen for negotiations.

ARTICLE 5. RETENTION OF BENEFITS
The
employees represented by CFA, Inc., shall retain all present benefits for the term of this agreement, as amended by this Memorandum, subject to the following provisions:
• Mat ters That Fall Within the Scope of Representation:

Th
e city agrees to give advance notice and opportunity to meet and confer on the subject of current wage levels and benefits, and other matters which fall within the scope of representation, such as, but not limited to, material modifications to personnel rules and Fire Department directives, before taking any action impacting employees within the bargaining unit.
• Management Rights:

Th
e city’s decisions regarding staffing levels, station closures, layoffs, reorganization, contracting out bargaining unit work to third parties, and furloughs which the city may elect to utilize to address fiscal difficulties it faces now or in the future, are management rights. Nevertheless, the city agrees to give advance notice and the opportunity to discuss these subjects before taking any action impacting employees within the bargaining unit.
3 ARTICLE 6. CITY RIGHTS
The
rights of the city include, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; contract out, after meeting and conferring over decision and effects, bargaining unit work to third parties; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

ARTICLE 7. NO STRIKE AND NO LOCKOUT
A. No Strike. During the term of this Memorandum and in accordance with Labor Code Section 1962, neither the employees nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any other intentional disruption of the operations of the city, regardless of the reason for so doing.

B. Penalty. If a strike occurs in violation of Article 7.A. or Labor Code Section 1962, the city may utilize any legal remedies available to it to halt the strike. In addition, any employee engaging in activity prohibited by Article 7.A. or Labor Code Section 1962, or who instigates or gives leadership to such activity, shall be subject to disciplinary action.

C. No Lockout. During the term of this Memorandum , the city will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 7.A.

D. Association Official Responsibility . Each employee who is an officer of CFA, Inc. occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. The employees agree to inform members of their obligations under this Memorandum and Labor Code Section 1962 and to direct them to return to work.

E. Non-discrimination Clause. Neither city nor CFA, Inc. shall interfere with, intimidate, restrain, coerce, or discriminate against employees covered by this Memorandum because of exercise of rights to engage or not engage in CFA, Inc. activity or because of the exercise of any right provided to the employees by this Memorandum.

ARTICLE 8. COMPENSATION ADJUSTMENTS
Ef
fective January 1, 2023, all CFA represented employees will receive a 4.0% base salary increase.

Effective January 1, 2024, all CFA represented employees will receive a 4.0% base salary increase.

Effective January 1, 2025, all CFA represented employees will receive a 4.0% base salary increase. 4 Any step increases granted shall be effective on the employee’s anniversary date or date of promotion.

ARTICLE 9. BEREAVEMENT LEAVE
In
the event of the death of an employee’s immediate family member, the employee may take up to three shifts of paid time off for bereavement. An additional two shifts may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. 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 leave or, when no accrued leave is available, treated as leave without pay.

The “immediate family” shall be defined as: a spouse, domestic partner, child, grandchild, member of immediate household, sibling, parent, or grandparent whether biological, foster, step, adopted, or in-law. It also includes any person who has served in place of a parent to the employee, or any person for whom the employee has served in place of a parent. The term “child” means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. The term “parent” means a biological, foster, or adoptive parent, a stepparent, or a legal guardian.

The employee may be required to submit proof of the family member’s death before being granted bereavement leave.

ARTICLE 10. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE Short-Term Disability
Effective January 1, 2020, the city will provide represented employees with city-paid short-term disability insurance via an insurance provider. The insurance shall provide for a seven calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase.

Long-Term Disability
The city will contract with a mutually agreed upon insurance company to provide long term disability insurance for all represented employees and the city will pay the premium. For information about this benefit, contact the Human Resources Department at 442-339-2440.

Use of Accrued Paid Time Off While Receiving Disability Benefits The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. The employee shall combine allowable types of accrued paid time off with short-term and long-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the disability payments. Refer to the long-term disability plan document for information on which types of accrued paid time off may be combined with long-term disability payments.
5 ARTICLE 11. ANNUAL VACATION LEAVE
A. Basis of Accrual
The annual vacation leave accrual schedule for all employees working a 112 hour/pay period schedule will be:

Less than 3 full calendar years of continuous service -21 minutes/day 3 through 4.99 full calendar years of continuous service -26 minutes/day 5 through 9.99 full calendar years of continuous service -32 minutes/day 10 through 10.99 full calendar years of continuous service -34 minutes/day 11 through 11.99 full calendar years of continuous service -36 minutes/day 12 through 12.99 full calendar years of continuous service -38 minutes/day 13 through 14.99 full calendar years of continuous service -40 minutes/day 15 or more full calendar years of continuous service -42 minutes/ day The annual vacation leave accrual schedule for all employees working an 80 hour/pay period schedule:

Less than 3 full calendar years of continuous service -13 minutes/day 3 through 4.99 full calendar years of continuous service -16 minutes/day 5 through 9.99 full calendar years of continuous service -20 minutes/day 10 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/day 13 through 14.99 full calendar years of continuous service -25 minutes/day 15 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.

Effective upon the first day of the first full pay period following City Council approval of this MOU, at the discretion of the Fire Chief or designee, in addition to service time with the City of Carlsbad, current employees and new hires shall be eligible to receive service credit towards the vacation accrual rate based on their previous full-time paid experience in a professional public safety agency in an equivalent job classification. This credit only applies to the vacation accrual rate. It does not apply to seniority or any other employee-related process, pay, benefit or accrual that is based on city service credit.

When an employee changes from a 112 hour/pay period schedule to an 80 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is divided by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same.

When an employee changes from an 80 hour/pay period schedule to a 112 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is multiplied by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same.
6 B. Vacation Accrual Maximum
Ef
fective upon the first day of the first full pay period following City Council approval of this MOU, all employees working a 112 hour/pay period schedule shall be entitled to earn and accrue up to and including 560 hours of vacation (increased from a maximum of 448 hours). No employee working a 112 hour/pay period schedule will be allowed to earn and accrue vacation hours in excess of the vacation accrual maximum. Each year, in the last paycheck in December, all accrued vacation hours over 496 hours will be deposited into the employee’s individual post-retirement healthcare trust account.

Effective the first day of the first full pay period following City Council approval of this MOU, all employees working an 80 hour/pay period schedule shall be entitled to earn and accrue up to and including 400 hours of vacation (increased from a maximum of 320 hours). No employee working an 80 hour/pay period schedule will be allowed to earn and accrue vacation hours in excess of the vacation accrual maximum. Each year, in the last paycheck in December, all accrued vacation hours over 336 hours will be deposited into the employee’s individual post-retirement healthcare trust account.

There shall be no cash option available to the employee for the conversion of unused accrued vacation hours.

Department Heads will encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, the employee must submit a request in writing to the 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. Em
ployees working an112-hour per pay period schedule are eligible to submit an irrevocable request to elect to convert up to 112 hours of accrued vacation hours for the following calendar year to be deposited into the employee’s individual post-retirement healthcare trust account. Employees working an 80-hour pay period schedule are also eligible to submit an irrevocable request to elect to convert up to 80 hours of accrued vacation hours for the following calendar year to be deposited into the employee’s individual post-retirement healthcare trust account. There shall be no cash option available to the employee for the conversion of unused accrued vacation hours.

2. All employees wishing to convert accrued vacation to fund their post- retirement healthcare trust in the year following the election will complete a form between November 10 and December 10 of each year. Elections will not carry over from one calendar year to the next calendar year.
7 3. Only vacation hours accrued during the calendar year following the election may be converted. Employees accruing less than the election amount may convert no more than their total vacation accrual in the following calendar year.

4. The employee’s accrued vacation to convert to the healthcare trust will be credited first to the trust account with the employee’s earned vacation leave until the employee’s full election amount is reached. The vacation hours designated to the trust account will not be credited toward the employee’s maximum vacation accrual. During this period of time, no earned vacation leave will be credited to the employee’s vacation time off balance.

5. Conversion of vacation hours elected for the trust will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case conversion of the elected vacation hours will occur in July. All vacation hours will be converted in the calendar year in which the vacation hours accrue. If the employee does not accrue all requested vacation hours in the calendar year, the vacation conversion amount will be reduced to the total number of vacation hours the employee actually accrues in the calendar year and the conversion will be made no later than the last pay date in the calendar year.

The vacation conversion amount will be based on the employee’s rate of pay at the time of the conversion.

6. An employee who does not elect to designate vacation hours to convert by December 10 waives their right to do so and will not be allowed to elect to convert vacation accruing in the following year. Mandatory conversion of vacation accrued over the designated accrual amount under Article 11B shall still occur.

D. E ffects of Holiday on Vacation Leave
For
all employees, except for those on an a dministrative assignment, who work an 80 hour/pay period schedule, in the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday.

E. Effect of Leave of Absence on Accrual of Vacation Leave See A
rticle 33 for the effect of an extended leave of absence on vacation accrual.

F. Compensation for City Work During Vacation Prohibited No e
mployee shall be permitted to work for compensation for the city in any capacity, except compensation for mandated court appearances, during the time of the employee’s paid vacation leave from city service. This clause shall not limit the city’s right to recall an employee from vacation in the event of an emergency and place the employee on regular pay status.
8 G. Scheduling Vacations
An e
mployee may take annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. All vacation requests must be placed in Telestaff per the Department Directive. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances.

H. Terminal Vacation Pay
Upon s
eparation of employment, 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 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.

ARTICLE 12. SICK LEAVE ACCRUAL
All employees working a 112 hour/pay period schedule shall be entitled to accrue sick leave at a rate of 25 minutes per day. All other employees shall be entitled to 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.

An employee who is changed from a 112 hour/pay period schedule to an 80 hour/pay period schedule as a result of an administrative assignment or an occupational injury assignment (either full or light/modified duty) will continue to accrue at a rate of 25 minutes per day during this assignment.

A. Use of Sick Leave
Si
ck leave will be administered consistent with state and federal law and shall be allowed for the following purposes:
9 1. Diagnosis, care or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member (e.g., to recuperate from or receive treatment for personal injuries or illnesses, to care for an injured or ill family me mber or to attend medical, dental or optometry appointments).

Employees shall be required to account for all hours they are requesting as sick leave via the city’s timekeeping/scheduling system. If the need for paid sick le ave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.

Absences covered by workers’ compensatio n law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws.

If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated.

Employees shall be required to account for all hours they are requesting as sick leave via Telestaff. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when the Fire Chief or designee determines that the employee has abused such privileges.

B. Effect of Leave of Absence
S
ee Article 33 for the effect of an extended leave of absence on sick leave accrual.

C. Sick Leave Conversion
For
an employee on an 80 hour/pay period schedule:

Any represented employee who has accrued and maintains a minimum of 160 hours of sick leave shall be permitted to convert up to 120 hours of accumulated uncompensated sick leave to either accrued vacation hours or to the employee’s post -retirement healthcare trust account at a ratio of 24 hours of sick leave to eight 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 10 if such conversion would put them over the vacation accrual maximum. No cash option will exist for sick leave conversion.

For an employee on a 112 hour/pay period schedule:

Any represented employee who has accrued and maintains a minimum of 240 hours of sick leave shall be permitted to convert up to 288 hours of accumulated uncompensated sick leave to 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.

ARTICLE 13. BILINGUAL PAY
Ef
fective the first pay period in 2023, the city will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $50.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the city.

In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as determined and paid for by the city in the foreign language or American Sign Language (ASL). Bilingual proficiency testing will occur during the employee’s regular work shift.

In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years from ratification of this MOU.

This article shall not be subject to the grievance procedure.

ARTICLE 14. LINEN PROVISION, MAINTENANCE, AND REPLACEMENT Th
e city agrees to provide one set of bed linen and two towels per person for all personnel working a 112 hour/pay period work schedule. To assist in maintenance, all fire stations will be equipped with washing machines and dryers; shift personnel will be respons ible for maintaining their own linens and towels.

The city agrees to replace linens and towels on an “as needed” basis, with a maximum replacement of once per calendar year.

ARTICLE 15. HEALTH INSURANCE/FLEXIBLE BENEFITS PROGRAM Em
ployees represented by the CFA, Inc. will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and 11 dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below.

A. Benefits Credits and Medical Insurance
Dur
ing the term of this Agreement, represented employees will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of all employees covered by this agreement and eligible dependents and those retirees designated in this Article, the minimum amount per month required under California Government Code Section 22892 for medical insurance through t he CalPERS. If electing to enroll for medical benefits, an employee 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 each active employee and eligible dependents toward the payment of medical premiums under the CalPERS health program for all FLSA eligible hours paid in the pay period. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference.

Waiver Provision: CFA-represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the city’s medical insurance program, provided they can show proof of alternative minimum essential coverage as defined by the Affordable Care Act. For those employees who are covered under another employer sponsored group insurance program, the benefits credits associated with waiving medical coverage will be equal to $400 per month.

Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income and included in the calculation of the regular rate of pay and overtime premium under the FLSA.

The Benefits Credits for calendar year 2023 are as shown in the table below.

Medical
Coverage Level
Prior Monthly
Benefits Credits
2023 Monthly
Benefits Credits
Monthly
Increase
Employee $659.00 $674.00 $15.00
Employee + 1 $1,316.00 $1,345.00 $29.00
Family $1,737.00 $1,764.00 $27.00
Waive Medical $329.50 $400 $70.50
12 Effective the pay periods that include January 1, 2024, January 1, 2025 and December 31, 2025 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.

B. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance
Employees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level.

C. Retirees
Each retired employee who was a member of this bargaining unit is covered by the P
EMHCA and is eligible to participate in the CalPERS Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that they are enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The city will contribute the minimum amount per month required under California Government Code Section 22892 toward the cost of each retiree’s enrollment in the CalPERS Health Program.

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 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.

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 Thanksgiving
Martin Luther King Jr.’s Birthday Thanksgiving Friday President’s Birthday Christmas Day
Memorial Day
Independence Day
Labor Day
Indigenous Peoples’ Day
Veterans Day
13 Effective January 27, 2020, the following provisions will be in effect:
1) Suppr
ession personnel assigned as a Lifeguard Supervisor or on an administrative assignment are ineligible for the holiday pay listed above. These personnel will receive straight time pay when they are regularly scheduled to work on the holidays listed above.
2) Fire Prevention personnel, personnel on a non-occupational injury light/modified duty assignment and Suppression personnel in the new hire academy 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, personnel on an occupational injury light/modified duty assignment and Paramedic Lifeguard Lieutenants shall be credited with an additional 12 hours of holiday pay (using a base salary rate that excludes addit ional pays) on the day the holiday occurs based on all FLSA eligible hours paid in the pay period during the calendar year that the holiday occurs. Employees scheduled to work on a holiday who desire the day off will utilize their own leave balances.

See Article 33 for the effect of an extended leave of absence on holiday pay.

Only employees who are on paid status on their scheduled work day immediately before a holiday shall be entitled to the paid holiday.

ARTICLE 17. RETIREMENT BENEFITS

17.1 The
city has contracted with CalPERS for the following retirement benefits:
• Safety Tier 1 - (employees entering safety membership for the first time prior to October 4, 2010) – The retirement formula shall be 3% @ 50; single highest year final compensation.
• Safety Tier 2 - (employees entering safety membership for the first time on or after October 4, 2010) – The retirement formula shall be 2% @ 50; three year average final compensation.
• Safety Tier 3 – (employees entering safety membership for the first time on or after January 1, 2013) - The retirement formula shall be 2.7% @ 57; three year average final compensation.

Em
ployees 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 six months or more) will constitute a third tier and be subject to all the applicable PEPRA provisions.
14 17.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing provisions of Section 414(h)(2) of the Internal Revenue Code.

Employees shall make the following employee retirement contributions through payroll deductions:
• Tier 1 and Tier 2 safety employees shall pay all of the employee retirement contribution (9%).
• Tier 3 safety employees shall pay the required PEPRA member contribution rate as established by CalPERS.

17.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the city will report the value of the EPMC as additional (special) compensation to CalPERS for all local fire employees designated as “classic CalPERS members.” ARTICLE 18. PROVISION OF 1959 PERS SURVIVORS’ BENEFIT
Th
e city agrees to provide the Fourth Level of the 1959 Survivors’ Benefit.

ARTICLE 19. OVERTIME FOR EMPLOYEES WORKING A 112 HOUR/PAY PERIOD

SCHEDULE
A. In
determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for emergency call -back), and time spent conducting bona fide volunteer activities.

Time worked shall be computed by rounding to the nearest quarter of an hour.

B. Sworn personnel who are assigned to fire suppression shall work a 112 hour/pay period on a Kelly schedule or other shift schedule as approved at the discretion of the Fire Chief or designee. Suppression employees temporarily assigned to light/modified duty will be assigned a traditional 5/40 work schedule or alternative work schedule as approved at the discretion of the Fire Chief or designee. In this situation, the employee's hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate.

C. The City of Carlsbad will use a 24- day work cycle for fire suppression employees under the 7(k) exemptions contained in the Fair Labor Standards Act. The "work period" shall be 24 days in length. The "work schedule" is to be based on a 56 hour average workweek.

Each fire suppression employee on a 112 hour/pay period schedule (or on a light/modified duty IOD-related work schedule) will earn six hours of premium pay in each biweekly pay period.
15 In addi tion, any employee required to perform in excess of an employee’s normal scheduled shift shall receive overtime compensation.

For FLSA overtime, the calculation of the regular rate of pay and overtime premium shall be calculated in conformance with the FLSA as required by this Agreement.

ARTICLE 20. OVERTIME AND COMP TIME FOR EMPLOYEES WORKING AN 80

HOUR/PAY PERIOD SCHEDULE
A. SCO
PE

1. This article shall apply to employees working in the classifications listed below or who work an 80 hour/pay period on a 5/40 schedule or alternative schedule as approved by the Fire Chief or designee:
o Paramedic Lifeguard Lieutenants
o Fire Prevention Personnel
o Suppression personnel in the new hire academy
o Any classification working on an administrative assignment as approved by the Fire Chief or designee (e.g., Training Captain)

2. However, this article does not apply to any suppression employee who is assigned to administrative assignment due to temporary light duty status.

3. In determining an employee’s eligibility for overtime, under this agreement, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for emergency call -back), and time spent conducting bona fide volunteer activities.

Time worked shall be computed by rounding to the nearest quarter of an hour.

B. COMPENSATION FOR ADMINISTRATIVE ASSIGNMENTS
The employee' s hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate. Beginning with the first full pay period following Council ratification of this MOU, while appointed or assigned to an administrative position, the employee shall receive an additional 15% above their base hourly pay rate.

C. HOURS

OF WORK

1. Overtime
The official 7-day FLSA work week for employees on a 9/80 Friday to Friday shift begins four hours after the regularly scheduled starting time for their Friday 16 shift and ends 168 hours later (at four hours after the regularly scheduled starting time for their Friday shift).

For all other employees, except suppression employees on an administrative assignment as Lifeguard Supervisors, who work an 80 hour/pay period schedule the 7-day FLSA work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m.

For suppression employees on an administrative assignment as Lifeguard Supervisors, the city will use a 14-day work cycle for employees under the 7(k) exemptions contained in the FLSA. The “work period” shall be 14 days in length.

The “work schedule” will be variable based on seasonal needs with a base of 40 hour average workweek. Peak season staffing will be set at a 3/12 and 4/12 schedule with a 42 hour average workweek. The FLSA work period is from 12:00 am Sunday and concludes on the 14
th day on the Saturday at 11:59 pm.
(Based on the FLSA 7(k) guidelines, hours worked in excess of 106 in the 14-day work period will be paid out as FLSA overtime.)
Any employee who is not 7k exempt that is required to perform in excess of 40 hours in their seven-day work week or any employee who works in excess of an employee’s normal scheduled day shall receive overtime compensation.

For FLSA overtime, the calculation of the regular rate of pay and overtime premium shall be calculated in conformance with the FLSA as required by this Agreement.

Employees regularly assigned to a 112 hour/pay period schedule who are 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 Duty Battalion Chief. Employees are authorized to work suppression overtime during hours they are not assigned to administration.

Employees working an 80 hour/pay period schedule who work a suppression overtime shift will have their pay rate converted to the 112 hour/pay period rate while on the suppression overtime shift. This rate shall not include the 15% administrative assignment pay.

Suppression members that are on an administrative assignment will not remain subject to force hires for suppression assignments.

2. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above, an employee working an 80 hour/pay period schedule may elect, subject to department approval, to receive compensatory time off. No employee shall accrue more than 80 hours of such compensatory time. When an employee has accumulated the maximum 17 number of hours of compensatory time off, the employee shall receive all overtime compensation in cash.

An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department.

All accrued and unused compensatory time during the calendar year will be cashed out on the last pay date of the calendar year. No compensatory time may be accrued beginning on the last pay period of the calendar year through the end of the calendar year.

At the time an employee switches from an 80 hour/pay period schedule to a 112 hour/pay period schedule, all accrued and unused compensatory time will be cashed out.

An employee may elect to “cash out” any portion of the employee’s accrued compensatory time at the employee’s base rate of pay in any pay period. The employee shall indicate the number of hours to be cashed out on the employee’s timesheet.

3. Request for Temporary Shift Adjustment (Flex Time)
An employee may request that the employee’s normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee’s FLSA work week without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate even if the employee’s hours worked exceed the employee’s normal scheduled shift on that day.

4. Employees hired by divisions or bureaus currently operating on an alternative work schedule shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts.

This article shall not be subject to the grievance procedure.

D. RETURN TO SUPPRESSION DUTIES
Upon completion of the administrative assignment, the employee will return to the employee’s previous rank held at the time of accepting the appointment unless the employee has been promoted to another position/rank. The duration of an appointment or assignment to administrative duties will normally be for a minimum of two years but may be extended one year at the discretion of the Fire Chief or designee.
18 ARTICLE 21. AMERICANS WITH DISABILITIES ACT
Th
e parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this MOU so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this MOU.

ARTICLE 22. FAMILY LEAVE ACT
The
parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and implement this MOU so as to comply with the Act. The parties agree to consult if compliance with the Act may require modifying the provisions of this MOU.

ARTICLE 23. DISCIPLINE OF AN EMPLOYEE

23.1 A
uthority - Full authority for discipline is retained by the city. The city may discipline a regular employee for just cause. In appropriate cases the city will use progressive disciplinary practices.

23.2 Representation - An employee attending any investigatory or fact-finding meeting which may result directly in discipline, reduction in pay, suspension, demotion or discharge shall be allowed representation.

23.3 Grounds for Discipline - The city has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee’s prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following:
(1) Fraud in securing employment including untruthfulness, misrepresentation or omission of information.
(2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, public disclosure of privileged information or dishonesty.
(3) Failure to maintain certification and licenses required by law or the Fire Department.
(4) Being under the influence of alcohol or intoxicating drugs while on duty. (5) Unauthorized absence without leave.
(6) Criminal conviction having some relevance to the job. (7) Intentionally being discourteous to the public.
(8) Unauthorized use of or neglect of city property.
(9) Abuse of sick leave.
(10) Unauthorized outside employment that constitutes a conflict of interest. (11) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (12) Falsification of any city report or record.
19 (13) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, Fire Chief or designee, or supervisor. (14) Political activities precluded by State or Federal law. (15) Other acts that are incompatible with service to the public. (16) Failure to respond to questions or otherwise fail to participate during an investigation conducted by the city or its agents.

23.4 Firefighter Bill of Rights Procedures - The following appeals procedures apply to all represented employees and are adopted pursuant to Government Code Section 3254.5 of the California Firefighter Procedural Bill of Rights Act (FBOR) and shall apply to any administrative appeal of a punitive action.

Pr
ior to taking punitive action involving discipline, suspension without pay, reduction in pay, demotion or discharge, the employee shall be given notice of the action to be taken, the effective date for such action, the evidence or materials upon which the action is based, and notified of his/her right to be represented by an attorney or other representative at further proceedings.

23.5 Pre-Discipline Process - The employee will be given an opportunity to respond to the Fire Chief or designee either orally or in writing, provided the employee requests the opportunity within seven calendar days of the notice of the intended action. For notices of discipline with recommended punitive action not involving discharge, demotion, reduction in pay or suspension the designee will typically be the Assistant Fire Chief.

If the employee or the employee’s designated representative requests the right to respond to the proposed punitive action, imposition of proposed punitive action shall be deferred until after the response is received by the Fire Chief or designee.

It is the Fire Chief’s or designee’s responsibility to coordinate the scheduling of the conference within 14 consecutive days of the employee’s request. The Fire Chief or designee shall be responsible for receiving the employee’s and/or the employee’s representative’s response to the proposed discipline. The conference shall be conducted informally and shall be limited to the presentation of information by and through the employee and/or the employee’s representative in response to the charges and allegations set forth in the notice of proposed discipline.

In the event the employee is unable to respond to the charges within the time permitted and demonstrates the reasonableness of a need for a continuance, the presiding officer may grant a continuance of up to an additional five calendar days.

The time limits described herein are essential and may only be modified or enlarged by mutual consent of both the employee and the Fire Chief or designee.

The above process will occur prior to the imposition of the discipline. 20 23.6 Notice of Discipline - After conclusion of the pre-disciplinary conference and within 30 days of the department’s final decision, but not less than 48 hours prior to imposing discipline, the Fire Chief shall notify the employee in writing of the nature and extent of the discipline, if any, and the time of commencement thereof. The notice shall also contain a statement of charges which shall set forth the acts or omissions with which the employee is charged in order that the employee will be able to prepare a defense. Also, the notice shall specify the city rules, regulations, policies and procedures which the employee is alleged to have violated.

The notice of discipline shall also advise the employee of the right to request an appeal hearing by filing a Notice of Appeal as provided under section 23.7 below. The Notice of Appeal must be filed within 15 days after service upon the employee of the Notice of Discipline. Failure to request an appeal hearing within the 15-day period, will constitute waiver of the employee’s right of appeal. The Notice of Discipline shall be served personally on the employee with a proof of service noticed and retained by the department.

23.7 Right to Appeal - An employee has the right to appeal punitive action according to the appeal procedure as set out below. Written notice of discipline shall inform and remind t
he disciplined employee of this right. A probationary employee (entry level or promotional) rejected during the probationary period shall not be entitled to appeal such rejection via the appeals process.

23.8 Appeal of Punitive Action Not Involving Discharge, Demotion, Reduction in Pay or Suspension
Th
e city shall follow the Firefighter Procedural Bill of Rights except where hereinafter noted. The CFA waives the formal appeal of punitive action not involving discharge, demotion, reduction in pay or suspension (e.g. written reprimands) and agrees to the following procedures in which the Fire Chief, or designee, shall issue a binding decision for such discipline.

A. Notice of Appeal - Within seven calendar days of receipt of the notice of discipline, a regular employee shall notify the Fire Chief in writing of the employee’s intent to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal.

B. Presiding Officer - In an informal hearing, the Fire Chief or designee shall be the presiding officer. If the Fire Chief or designee cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the City Manager or designee shall serve as the Presiding Officer. In such cases, the determination of the City Manager shall be final and binding.

C. Burden of Proof- The city shall bear the burden of proof at the informal hearing. Based upon a preponderance of the evidence, the Department shall show that the action taken against the employee was reasonable according to the FBOR. 21 D. Conduct of Hearing

1. The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time.

2. The parties may present opening statements.

3. The parties may present evidence through documents and testimony. Any witnesses shall testify under oath.

4. Unless the punitive action involves a loss of compensation, the parties shall not be entitled to confront and cross-examine witnesses.

5. Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the Presiding Officer.

E. Recording of the Hearing- All hearings may be recorded. If the punitive action involves the loss of compensation, then the hearing shall be electronically recorded with both parties receiving a copy of the record.

F. Representation- The employee may be represented by an association representative or attorney of the employee’s choice at all stages of the proceedings. All costs associated with such representation shall be borne by the firefighter.

G. Decision- The written decision shall be served in person to the firefighter when practical.

The firefighter shall acknowledge receipt in writing and shall be informed that the time within which judicial review must be sought is governed by Code of Civil Procedure §1094.6. In the event the decision cannot be delivered in person, the decision will be delivered to the employee and the employee’s attorney or representative by first class mail, postage prepaid, accompanied by an affidavit or certificate of mailing, and shall advise the firefighter that the time within which judicial review of the decision may be sought.

23.9 Appeal Procedure for any Punitive Action Involving Discharge, Demotion, Reduction of Pay or Suspension
A f
ormal appeal procedure shall be available for a disciplinary action involving discharge, demotion, reduction in pay or suspension. The administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. The city will bear all administrative costs associated with a formal appeal of discipline and the subsequent hearing: including the presiding officer, court reporter and transcription costs, if any. The employee or employee organization will be responsible for the cost of the employee’s own representation or attorney fees and preparation documents. 22 A. Notice of Discipline as Accusation- The final notice of discipline which may be issued at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq.

1. If, after investigation and any pre-disciplinary response or procedure, th e fire department or city decides to impose discipline, the department or the city shall notify the firefighter in writing of its decision to impose discipline within 30 days of its decision, but not less than 48 hours prior to imposing the discipline.

2. The notice shall be prepared and served within the timeframes specified in Government Code Section 3254(d) and in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline.

B. Burden of Proof - The burdens of proof and production of evidence shall be borne by the city. The standard of proof shall be by a preponderance of the evidence.

C. Evidence - Rules of evidence shall comply with Chapter 5, Section 11513 of the Government Code.

D. The appeal proceedings shall be reported by a stenographic reporter. However, upon the consent of all the parties, the proceedings may be reported electronically.

E. The formal appeal shall be presided over by an administrative law judge on staff of the State Office of Administrative Hearings, hereafter referred to as the “ALJ”. The ALJ shall preside at the appeal hearing, rule on the admission and exclusion of evidence and determine and rule on all matters of law both procedural and substantive. In conducting the appeal hearing the ALJ shall follow the provisions set forth above.

F. Within 30 days after the case is submitted to him or her, the ALJ shall prepare a proposed written decision to be submitted to the City Manager. Within 100 days of receipt by the City Manager of the ALJ’s proposed decision, the City Manager may take any of the following actions:
(a) Adopt the proposed decision in its entirety.
(b) Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision.
(c) Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the City Manager under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision.
23 (d) Reject the proposed decision and refer the case to the same ALJ if reasonably available, otherwise to another ALJ, to take additional evidence. If the case is referred to the ALJ pursuant to this subparagraph, the ALJ shall prepare a revised proposed decision based on the additional evidence and the transcript and other papers that are part of the record of the prior appeal hearing. A copy of the revised proposed decision shall be furnished decision shall be served to each party and each party’s attorney.
(e) Reject the proposed decision, and decide the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence. By stipulation of the parties the City Manager may decide the case upon the record without including the transcript.
(f) The City Manager’s decision will be reduced to writing and shall be final and binding on the parties. The City Manager’s written decision shall be served on the parties in accordance with Code of Civil Procedure section 1094.6 Government Code 11518 and the decision shall be subject to judicial review pursuant to Code of Civil Procedure section 1094.5/Government Code.

ARTICLE 24. GRIEVANCE PROCEDURE

24.1 A g
rievance is an allegation made by an employee that the employee has been damaged or denied a benefit by the city due to misapplication or a mistaken interpretation of a specific provision of this Agreement, the city’s Personnel Rules or, effective no later than January 1, 2009, any existing Fire Department Directive which falls within the subject matter contained in the scope of bargaining set forth in the Meyers, Milias Brown Act.

24.2 Reviewable and Non-Reviewable Grievances

24.2.1 To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred.
(b) Result from an act or omission by management regarding working conditions or other matters contained in this
Agreement over which the Fire Chief or designee has control. (c) Arise out of a specific situation, act, or acts which result in damage to the employee.
(d) Arise out of a misinterpretation or misapplication of this Agreement.

24.2.2 A grievance is not reviewable under this procedu re:
24 (a) I f it is a matter which would require a modification of a policy established by City Council or by law;
(b) Is reviewable under some other administrative procedure and/or rules of the City of Carlsbad (See, e.g., Article 24 Discipline), such as:
(1) Applications for changes in title, job classification, or salary.
(2) Appeals from formal disciplinary proceeding.
(3) Appeals from work performance evaluations.

24.3 Special Grievance Procedure Provisions: The following special provisions apply to the grievance procedure.

24.3.1 Pr ocedure for Presentation: In presenting a grievance, an employee shall follow the sequence and the procedure outlined in Section 25.4 of this procedure.

24.3.2 Prompt Pr esentation: The employee shall discuss the grievance with an immediate supervisor promptly after (i.e., when grievant knew or should have known) the act or omission of management caused the grievance.

24.3.3 Pr escribed Form: The written grievance shall be submitted on a form prescribed by the Human Resources Director for this purpose.

24.3.4 St atement of Grievance: The grievance shall contain a statement of:
(a) T
he specific facts or actions, including dates, which constitute the basis for the grievance.
(b) The article that was misapplied or misinterpreted.
(c) The damage suffered by the employee.
(d) The relief sought.

24.3.5 Em ployee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any one time, unless the person so desires.

24.3.6 In terested Parties: Interested parties may provide information during the hearing of the grievance at any step of the grievance procedure. 25 24.3.7 Ha ndled During Working Hours: Whenever possible, grievances will be handled during regularly scheduled working hours.

24.3.8 Ext ension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended.

24.3.9 Cons olidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances may be handled as a single grievance.

24.3.10 Se ttlement: Any grievance shall be considered settled at the completion of any step if the grievant is satisfied or if the grievant does not appeal the matter to a higher authority within the prescribed time.

24.3.11 Rep risal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Human Resources Department.

24.4 Grievance Procedure Steps : The following procedure shall be followed by an employee submitting a grievance for consideration and action.

24.4.1 Di scussion With Supervisor: The employee shall discuss the grievance with the employee’s immediate supervisor informally. Within seven calendar days, the supervisor shall give a decision to the employee verbally.

24.4.2 St ep 1: If the employee and the supervi sor cannot reach an agreement to resolve the grievance, the employee may within seven calendar days present the grievance in writing to the supervisor. The supervisor shall memorialize the prior verbal decision on the grievance and present the grievance to the next-level supervisor within seven calendar days.

The
next -level supervisor shall hear the grievance and shall give a written decision to the employee within seven calendar days after receiving the grievance. This portion of this step shall be repeated as necessary until the next-level supervisor is the Assistant Fire Chief.

24.4.3 St ep 2: If the employee and the next -level supervisor cannot reach an agreement to resolve the grievance, the employee may within seven 26 calendar days present the g rievance in writing to the Fire Chief. The Fire Chief shall hear the grievance and shall give the written decision to the employee within seven calendar days after receiving the grievance.

24.4.4 St ep 3: If the employee and Fire Chief cannot reach an agreement as to the solution of the grievance, the employee may file a written request with the Human Resources Director, within seven calendar days, to have the grievance heard by a Hearing Officer selected via the process described in Section 25.4.7. T he grievance shall also be presented to the Assistant City Manager who may conduct a meeting with the grievant and/or CFA representative to identify and clarify disputed issues and attempt to resolve the grievance prior to presentation of the grievance to the Hearing Officer.

24.4.5 St ep 4: If the matter is not otherwise resolved, the Hearing Officer shall, within 30 calendar days after receipt of the grievance, hear the grievance and render an advisory opinion to the City Manager. The City Manager shall, within 14 calendar days after receipt of the advisory opinion, notify the employee of the final action.

24.4.6 A
ny of the above steps may be waived by mutual agreement of the parties.

24.4.7 The employee or employee organization and the city agree t hat the advisory hearing will be conducted before a hearing officer selected by the parties from a list provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a strike out procedure using a list of seven names provided by the California State Mediation and Conciliation Service.

The appellant will have the prerogative of striking the first name.

All administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription cost, if any, will be shared equally between the city and the Carlsbad Firefighters’ Association. In the case that the Carlsbad Firefighters’ Association does not support the grievance continuing to the advisory hearing by a hearing officer, all administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription cost, if any, will be shared equally between the city and the employee.

The employee or employee organization will be responsible for the cost of the employee’s own representation or attorney fees and preparation of documents.
27 ARTICLE 25. ALCOHOL AND DRUG POLICY
I. POLICY
It
is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). 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. De finitions - As Used in This Policy:

1. "D
rug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids.

2. “Workplace” means any site where city-assigned work is performed, including city premises, city vehicles or other premises or vehicles, while city -assigned work is being conducted, or within a reasonable time thereafter.

B. E mployee Responsibilities

1. As
a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on-call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel;
c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than 28 five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy.

2. Employees must notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), 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 not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if there is relevant nexus between such off - duty involvement and the employee’s employment with the city , consistent with the legal requirements for disciplinary due process.

C. Em ployer Searches
For t
he purpose of enforcing this policy and maintaining a drug- free workplace, the city reserves the right to search, with notice to the employee or if no prior notice, in the employee’s presence, all work areas and property in which the city maintains full or joint control with the employee, including but not limited to city vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employees are cautio ned against storing personal belongings in work areas under full or joint city control since such work areas may be subject to investigation and/or search under this policy. Employees shall have no expectation of privacy in these areas, locations or properties.

Searches will not normally occur without concurrence of more than one supervisor.

If the FBOR (Government code section 3259) is applicable to a particular search, then the city will comply with the Act notwithstanding anything to the contrary in this article. For example, the city may conduct searches without notice to the employee or without the employee being present, if a valid search warrant has been obtained. The employee may also consent to a search.
29 Nothing herein shall prevent the city from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use.

D. C onsequences of Violation of Policy

1. Fa
ilure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination.

2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed or allowed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program.

E. Federal Motor Carrier Safety Improvement Act of 1999 and DOT regulations
The parties acknowledge that the Federal Motor Carrier Safety Improvement Act of 1999 (see A ttachment B) and the California Vehicle Code apply to unit members. The parties shall comply with the regulations developed by the Department of Transportation to enforce the Act.

II. DRUG AND ALCOHOL ANALYSIS
A. Pre- employment Drug and Alcohol Analysis

1. Pr
ior to receiving an offer of employment, an otherwise successful candidate m ust submit to a drug and alcohol analysis. At the city 's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis.

2. Persons whose results are positive for either drugs or alcohol will be rejected for city employment.

B. E mployee Drug and Alcohol Analysis

1. If
a manager or supervisor of the city has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis.
30 c. An e mployee may also be required to remain on the premises for a reasonable time until arrangements can be made to transport the employee 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 or disability;
d. an accident involving city property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation;
f. attributable possession of alcohol or drugs;
g. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs;

4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of the employee’s job.

5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination.

6. City agrees to take steps to protect the chain of custody of any drug test sample.
31 7. Em ployee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed necessary by the city.

III. EMPLOYEE ASSISTANCE PROGRAM
A. Th
e city has a well -established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems.

The EAP is available for assessment, referral to treatment, and follow -up.

Any employee of the city wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor.

B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral contacts are held in confidence by the EAP.

C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any city policy.

ARTICLE 26. AUTHORIZED AGENTS
For
the purpose of administering the terms and provisions of this Memorandum of Understanding:

A. City’s principal authorized agent shall be the City Manager or a duly authorized representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (442) 339-2820, except where a particular city representative is specifically designated in connection with the performance of a specific function or obligation set forth herein.

Throughout this document, any reference to the 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.

B. CFA, Inc., principal authorized agent shall be its President or duly authorize d representative. Address: P.O. Box 945, Carlsbad, California 92018-0945; Telephone:
(760) 729-3730; Email: [email protected].

ARTICLE 27. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. It is
the intent of the parties that this Memorandum set forth the full and entire understanding of matters agreed to upon conclusion of meet and confer sessions which resulted in this Memorandum. Any other matters not contained herein, which were addressed during the course of the meet and confer process, resulting from this Memorandum, are superseded and terminated in their entirety. Any understanding or 32 agreement, not contained herein, whether formal or informal, which occurred during the course of meet and confer sessions, resulting in this Memorandum, are terminated or superseded in their entirety.

B. It is the intent of the parties that this Memorandum be administered in its entirety in good faith during its full term.

It is recognized that if during such term it may be necessary for the city to propose changes in matters within the scope of representation not contained in this agreement, the city shall notify CFA, Inc., indicating the proposed change prior to its implementation. If CFA, Inc., wishes to consult or negotiate with the city regarding the matter, CFA, Inc., shall notify the city within five working days from the receipt of such notice. Upon receipt of such notice, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problem arising as a result of the change instituted by the city.

Where the city makes such changes because of the requirements of the law, the city shall not be required to negotiate the matter of compliance with any such law.

Nothing herein shall limit the authority of the city to make such changes required during emergencies. However, the city shall notify CFA, Inc. of such changes as soon as practicable. Such emergency changes shall not extend beyond the period of emergency. “Emergency” shall be defined as an unforeseen circumstance requiring immediate implementation of the change.

C. Failure by CFA, Inc. to request consultation or negotiations pursuant to Paragraph B shall be deemed as approval of any action taken by the city.

D. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council.

E. The waiver of any breach, term, or condition of this Memorandum by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

ARTICLE 28. PROVISIONS OF LAW
It
is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws and federal and state regulations. If any part or provision of the Memorandum is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by suc h applicable law or regulations, and the remainder of this Memorandum shall not be affected thereby. 33 ARTICLE 29. PARAMEDIC LICENSE PAY
Fi
re Captains and Fire Engineers who retain their paramedic license and San Diego County accreditation will receive paramedic license pay. Effective upon the first day of the first pay period following City Council approval of this MOU, the biweekly pay shall change from $110.77 to the equivalent of 2.5% of the top step Paramedic Firefighter biweekly base salary per pay period.

ARTICLE 30. REPORTING VALUE OF UNIFORMS TO CALPERS
Ef
fective May 31, 2010, all CFA -represented 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.

ARTICLE 31. ACTING PAY
Whe
never the needs of the city require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed for a period of four hours or more, the employee shall receive five percent additional pay while in the acting capacity . Only employees who are on an Eligibility List (maintained by the Human Resources Dept) for the higher classification are eligible to serve in an acting capacity.

Appendix A describes the requirements for an employee to be eligible to serve in an acting capacity as of January 1, 2023.

An employee may not serve in an acting capacity for more than six months without prior approval from the Fire Chief or designee.

ARTICLE 32. DEFERRED COMPENSATION
Th
e city shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The city reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented according to the plan document and without cost to the city.

Effective the pay period that includes January 1, 2023 and only until the final pay period in calendar year 2025, for Safety Tier 3 employees only, the city shall contribute a dollar amount into a deferred compensation plan on behalf of employees . The biweekly employer contribution will be determined by the following formula:

1. Calculate the difference between the employee contribution rate for Safety Tier 3 employees and the employee contribution rate for Safety Tier 1 & 2 employees.

2. Multiply the result by the employee’s biweekly base salary. 34 ARTICLE 33. LEAVE OF ABSENCE

33.1 Occu
pational Injuries or Illnesses

33.1.1 Employees in the classifications of Senior Fire Inspector /Investigator, Assistant Fire Marshal, Firefighter, Paramedic Firefighter, Fire Engineer, Fire Captain, Paramedic Lifeguard Lieutenant and Captain Specialist who are temporarily unable to work due to an occupational illness or injury will receive full pay for up to one year as provided in Section 4850 of the Labor Code (“4850 benefits”). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off.

All other classifications that sustain a work related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period of up to 45 calendar days for any single incident. The periods of temporary disability need not be continuous. Any aggravation of a pre - existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the employee will not be entitled to any occupational sick leave benefit which exceeds the original maximum of 45 calendar days. The city reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures an d standards (including predesignated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers’ compensation matters and/or FMLA/CFRA matters.

If the employee continues to be unable to work after the abov e described benefits have been exhausted and the employee has not been retired, the employee will receive workers’ compensation temporary disability payments as provided in the Labor Code. To the extent these benefits are less than the employee’s full reg ular pay, the employee shall supplement them by using accrued leave to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence (i.e., the employee would not receive a city paycheck).

A sworn employee may not use accrued sick leave after the city approves the employee’s Industrial Disability Retirement (IDR). The employee who is approved for an IDR may choose to cash out up to 50% of their sick leave balance upon separation of employment. The remaining sick leave balance shall be converted to CalPERS service credit.
35 33.2 Non-Occupational Injuries or Illnesses
An employee who is temporarily unable to work due to a non- occupational illness or injury will receive those disability benefit payments for which the employee is eligible and applies. To the extent that these benefits are less than the employee’s full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence.

33.3 The city acknowl edges the applicability of the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and intends to apply and implement this document so as to comply with these laws. To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the CFRA or FMLA.

33.4. Leave of Absence Without Pay
A. General Policy
Any e
mployee 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 employee shall utilize all the employee’s vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay.

A leave without pay may be granted for any of the following reasons:

1. Illness or disability.

2. To take a course of study which will increase the employee’s usefulness on return to the employee’s position in the city service.

3. For personal reasons acceptable to the Fire Chief or designee and City Manager.

B. A uthorization Procedure
Req
uests for leave of absence without pay shall be made in writing and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the city for any benefit premiums paid by the city during the leave of absence. The request shall normally be initiated by the employee but may be initiated by the Fire Chief or designee, and, 36 if 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.

C. L ength of Leave and Extension
A l
eave 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.

E. Leav e Without Pay - Insurance Payments and Privileges An e
mployee on leave without pay may continue city insurance benefits by reimbursing the city for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was received.

Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process.

An employee on leave of absence without pay shall not have all of the privileges granted to regular employees.

33.5. Pregnancy Disability Leave
Pr
egnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued leave and leave without pay to 37 take a leave for a reasonable period of time, not to exceed four months. “Reasonable period of time” means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee shall utilize all accrued leave, except sick leave, prior to taking leave without pay.

Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions.

An employee who plans to take a leave pursuant to this artic le shall give the city reasonable notice of the date the leave shall commence and the estimated duration of the leave.

Employees disabled by pregnancy may be eligible to return to work on a light duty assignment per the Department Directive regarding a non-occupational illness/injury.

33.6. Extended Leave of Absence
Upon c
ompletion of either 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) or completion of a leave of absence related to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed below:

1. accrual of sick leave and vacation and

2. holiday pay.

On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s salary anniversary date, vacation anniversary date and seniority will be adjusted for each calendar day the leave of absence lasted beyond either 84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer.

During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence.

Exception for a Probationary Newly Hired Employee
When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends beyond 14 consecutive calendar days the probationary period and salary anniversary date shall be extended for each calendar day the employee was on a leave of absence. Other than this exception, all other provisions in this Extended Leave of Absence section apply to a probationary newly hired employee. 38 33.7. Deployment Recovery Leave
Effective upon the first day of the first full pay period following City Council approval of this MOU, employees returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to 24 hours to cover the balance of their remaining shift if returning on a regularly scheduled workday.

If returning from an incident deployment spanning 240 hours or greater on a regularly scheduled day off, employees shall be granted deployment recovery leave of up to 24 hours to cover the duration of their next regularly scheduled shift so long as that regularly scheduled shift is scheduled to begin within 24 hours of return from the incident.

Employees returning from incident deployments spanning 240 hours or greater will not be allowed to work overtime or a trade or be eligible to be force hired unless they have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or a regularly scheduled day off.

In the event the department is experiencing a staffing shortage, the Fire Chief or the Fire Chief’s designee may adjust deployment recovery leave as needed until the local staffing shortage is resolved.

Is
suance or non-issuance of deployment recovery leave is non-grievable.

ARTICLE 34. MILITARY LEAVE
Milita
ry leave shall be authorized in accordance with the applicable provisions of State and Federal law. The employee must furnish satisfactory proof to the Fire Chief or designee, as far in advance as possible, that the employee must report to military duty.

ARTICLE 35. JURY DUTY
Whe
n called to jury duty, an employee, having provided at least five working days written notice from the date of the summons , shall be entitled to the employee’s regular compensation.

Employees shall be entitled to city-paid reimbursement for mileage, transit pass or any applicable parking fees while on jury duty. If the employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court.

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.
39 ARTICLE 36 . LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D)

INSURANCE AND VOLUNTARY BENEFITS
All C
FA-represented employees shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple.

Effective January 1, 2020, all CFA-represented employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple.

Effective January 1, 2023, all CFA-represented employees shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000.

ARTICLE 37. PROBATIONARY PERIOD

37.1 The
initial hire probationary period shall be one year from the date the employee is hired.

The probationary period will permit both the supervisor and the employee to become acquainted and to determine the adaptability and the fitness of the employee to the assigned work. The employee will find this period helpful in evaluation of the city, the employee’s duties and work satisfaction.

37.2 All personnel promoted within the Department shall be on probation in the promotional position for a period of one year from the date of promotion. Failure to pass probation shall result in employee being put back to their prior position.

37.3 See Article 33 for the impact of a leave of absence on the probationary period.

ARTICLE 38. POST-RETIREMENT HEALTHCARE TRUST
The city and CFA, Inc. agree that CFA, Inc. will contract directly with a company of its choosing to provide post -retirement healthcare trust benefits for all represented employees. All CFA represented employees will contribute into the post-retirement healthcare trust established by CFA, Inc. via payroll deductions. CFA, Inc., acknowledges that the city has no administrative responsibilities or liabilities related to this benefit, other than processing of payroll deductio ns.

CFA, Inc. shall hold the city harmless for the city's actions related to this Article and indemnify the city against any liability the city incurs as a result of this Article, including but not limited to, its agreement to allow CFA, Inc., to participate in a post -retirement healthcare trust and/or the city's processing of payroll deductions as set forth in this section. 40 Effective the first pay period of calendar year 2022, the city will contribute $150 per month per employee to the Post -Retirement Healthcare Trust and all CFA represented employees will contribute $250 per month to the Post-Retirement Healthcare Trust.

Effective the first pay period of calendar year 2024, the city will contribute $200 per month per employee to the Post -Retirement Healthcare Trust and all CFA represented employees will contribute $200 per month to the Post-Retirement Healthcare Trust.

ARTICLE 39. OUTSOURCING
Th
e city and CFA agree that the city may contract with public and private entities or individuals to perform any or all plan check activities except the final step in the plan checking process. CFA agrees that the city may contract out these services without meeting and conferring with CFA over the decision to contract these services or the effects of that decision.

ARTICLE 40. SURVEY MARKET
e
In keeping with the City Council’s philosophy of surveying the total compensation of other agencies, the agencies listed below will be considered in the survey market for CFA, Inc.

1. City of Encinitas

2. City of Escondido

3. City of Huntington Beach

4. City of Oceanside

5. City of Poway

6. City of San Marcos

7. City of Solana Beach

8. City of Vista

9. North County Fire District

10. Rancho Santa Fe Fire District
ARTICLE 41. EDUCATION INCENTIVE
Th
is article shall not be subject to the grievance procedure.

41.1 Level 1: Applicable to all employees represented by CFA, Inc.,. (a) Requirement : Present proof to the Fire Chief or designee of the following:

Evidence of the award of each
of the following certificates
issued by the California State
Board of Fire Services:

1. Fire Fighter I,

2. Fire Fighter II,

3. Driver Operator 1A,
or An Associate degree
41 4. Driver Operator 1B, and

5. Instructor 1

6. or State Fire Marshal
certificate of course
completion for Fire
Inspector 1A, 1B, 1C and
1D
Proof of certification from a
California State Fire Marshal
course that is deemed
equivalent to one of the
courses listed above by the
Fire Chief or designee shall
also meet the requirement.
(b) Compensation:

El
igibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Fire Chief or designee. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay.

Effective the first pay period in calendar year 2023, the biweekly compensation shall be equal to 4.5% of the top step Paramedic Firefighter biweekly base salary.

41.2 Level 2: Applicable to all employees represented by CFA, Inc.,. (a) Requirement : Present proof to the Fire Chief or designee of the following:

Evidence of the award of the
Fire Officer taskbook issued
by the California State Board
of Fire Services.

Or
State Fire Marshal certificates
of course completion for Fire
Inspector 2A, 2B, 2C and 2D.
or A Baccalaureate degree
(b) Compensation:

El
igibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Fire Chief or designee. It is the 42 sole responsibility of the employee to make notification of eligibility for the education incentive pay.

Effective the first pay period in calendar year 2023, the biweekly compensation shall be equal to 6.9% of the top step Paramedic Firefighter biweekly base salary.

41.3 An employee that meets the criteria for compensation under more than one level, above, shall receive compensation for only the highest such level for which the employee qualifies.

41.4 Eligibility for education incentive is determined based on the requirements issued by the California State Fire Marshal in place at the time the employee presents evidence of eligibility.

ARTICLE 42. WELLNESS
Th
e city shall contract with a wellness program provider to provide a wellness program to all CFA employees.

Participation in educational components is mandatory. Employees are strongly encouraged to participate in the comprehensive fitness assessment and in the blood chemistry evaluation; however, employees 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 HIPAA regulations, non-punitive and will be given only to the employee.

ARTICLE 43. PAID FAMILY LEAVE
Ef
fective January 1, 2020, per Administrative Order No. 84, all CFA-represented employees will be eligible for up to 160 hours per year of paid family leave to care for an immediate family member or bond with a new child.

ARTICLE 44. ASSOCIATION TIME BANK
An a
ssociation time bank will be established to provide leave allowance which can be used by eligible association members to attend conferences, meetings, or other events as approved by the association board.

Each year, in December, association members may designate an irrevocable donation of either four or eight hours of the vacation they will accrue the following calendar year, to be converted in February to a dollar value using the employee’s base salary rate that excludes additional pays.

An association member will be taxed on the value of the hours at the time of the conversion. The total dollar value of the donated vacation hours will be held by the city and used solely for leave allowance for eligible association members.

With prior approval from the Fire Chief or designee and in compliance with the Carlsbad Fire Department Directive #8.2: Vacation, an employee may use the association time bank for leave 43 allowance (a dollar amount in the association leave bank will be converted to hours of leave using the employee’s base salary rate that excludes additional pays). The allowance used for this purpose is not reportable to CalPERS, is not treated as taxable income based on State and Federal law and may not be considered as income available for contributions to a 457 plan.

The association time bank will be used on a first come, first serve basis. To the extent the dollar value of the association time bank is less than the amount required for an employee’s leave, the employee may supplement by using accrued vacation and/or compensatory time to reach the amount equal to the employee’s full regular base pay.

Annually, the association board may determine a maximum number of hours to be donated in the following calendar year to the association time bank.
44 Appendix A
Requirements to Apply for a Promotion and Serve in an “Acting” Capacity Effective January 1, 2023
I. Fire Engineer
In order to qualify for participation in the promotional process for the position of Fire Engineer the employee must:

1. Have two years of service in the City of Carlsbad Fire Department.

2. Have completed Driver Operator 1A and Driver Operator 1B (or the equivalent courses as defined by the Fire Chief or designee).

To be eligible to serve in a Fire Engineer acting capacity, and employee must be on a current City of Carlsbad Fire Engineer eligibility list (maintained by the Human Resources Department).

II. Fire Captain
In order to qualify for participation in the promotional process for the position of Fire Captain the employee must:

1. Have three years of service in the City of Carlsbad Fire Department.

2. Have completed all State Fire Marshal courses required to obtain a Company Officer Task Book (or the equivalent courses as defined by the Fire Chief or designee).

3. Have completed the course, Hazardous Materials IC (HAZ-MAT IC)

4. Have completed all courses required to be certified as an Engine Boss Trainee (T), per the Carlsbad Fire Department CICCS Certification Form (or the equivalent courses as defined by Appendix A of the CICCS Qualification Guide.

5. Have passed a Carlsbad Fire Department Engineer Exam To be eligible to serve in a Fire Captain acting capacity, and employee must be on a current City of Carlsbad Fire Captain eligibility list (maintained by the Human Resources Department).
45 Appendix B
COMPENSATION AND BENEFITS SUMMARY – EMPLOYEES WORKING A

REDUCED FTE SCHEDULE
For employees in the Fire Prevention Bureau working a reduced FTE schedule (0.75 FTE), pro- rated pay and benefits are calculated based on 75% of the full time pay and benefits as outlined below.

The standard 0.75 FTE work schedule is 30 hours per week. If, occasionally, the employee works more than 30 hours per week, the time worked should be reported appropriately to payroll.

Working more than 30 hours per week should not be a continual or regular practice and may result in jeopardizing the reduced FTE schedule.

COMPENSATION
Employees will be compensated at an hourly rate derived from the current bi-weekly salary schedule (i.e., the amount published on the biweekly salary schedule divided by 80 to calculate the hourly rate). Salary will be calculated based on the number of actual hours worked and salary earned.

Overtime
Employees will be paid overtime after working in excess of 40 hours a week. Extra hours worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in accordance with the Fair Labor Standards Act (FLSA).

ADDITIONAL PAY & CITY CONTRIBUTIONS TO EMPLOYEE ACCOUNTS Employees who are eligible for the following add-on pays will receive an amount that is prorated at 75%.
• Bilingual Pay
• Education Incentive
Note: The city contribution to deferred compensation for Safety Tier 3 employees is calculated using the same percentage of actual base salary earnings that is used for full-time employees.

The city contribution to a Post Retirement Healthcare Trust will be equal to the same amount contributed for a full-time employee.

OTHER
Health Insurance
Employees are eligible to participate in the same health insurance program as full-time employees, may select one of the city’s medical plans and will be enrolled with full benefit coverage. Reduced FTE employees will be eligible for benefits credits at a 75% prorated amount. For more information, refer to the city’s benefit rate sheets.

Leave Accruals and Holiday Pay
• SICK LEAVE AND VACATION: Accruals are prorated at 75%. 46 • HOLIDAY PAY: Employees receive six hours of holiday pay per holiday. If a holiday falls on a day the employee is NOT normally scheduled to work, the employee will agree with the employee’s supervisor when to take off a regularly scheduled work shift in that same pay period as a holiday.

An employee whose scheduled shift duration exceeds the six hours of holiday pay may get approval from their supervisor to work extra hours in the pay period in which a holiday falls to make up for the reduced number of hours paid for the holiday. In this case, it is NOT required to use leave balances to make up for the fewer hours paid on a holiday. However, on a non-holiday, if an employee leaves early or takes time off, accrued leave balances must be exhausted prior to taking leave without pay.

CalPERS Retirement
Per CalPERS law, retirement benefits are calculated based on reportable earnings and actual hours worked. Employee retirement contributions are calculated as a percent of reportable wages earned.

Short Term/Long Term Disability and Life/AD&D Insurance These benefits are determined using an employee’s ¾ time regular annual base salary.

Employees are enrolled in the city’s short and long-term disability insurance plans (3/4 -time employees are not eligible for enrollment in the CFA LTD plan).

Dues
A ¾-time employee does not pay CFA dues.

IN WITNES WHEREO F, the parties hereto have caused their duly authorized representatives to ·s Memorandum of Understanding the day month, and year first above written.

Date
Approved as to form:
� /C �
CINDIE MCMAHON, City Attorney
CARL BAD FIREFIGHTERS ASSOCIATION INC.
2/13/2023
TODD HOLMES, President Date
47 Attachment C
MAN

AGEMENT COMPENSATION AND BENEFITS PLAN

TABLE O

F 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 6

1. Vacation ..............................................................Page 6

2. Executive Leave .................................................Page 9

3. Sick Leave ..........................................................Page 9

4. Bereavement Leave ............................................Page 11

5. Leave Without Pay .............................................Page 11

6. Pregnancy Disability Leave ................................Page 12

7. Family and Medical Leave Acts .........................Page 13

8. Military Leave ....................................................Page 13

9. Jury Duty ............................................................Page 13

10. Extended Leave of Absence ...............................Page 13

11. Paid Family Leave ..............................................Page 14 Separation Compensation ................................................Page 14 Holidays ...........................................................................Page 14 Health Benefits.................................................................Page 15 Health Insurance for Retirees...........................................Page 16 Physical Fitness Reimbursement .....................................Page 16 Short-Term and Long-Term Disability Insurance (LTD) Page 17 Deferred Compensation ...................................................Page 17 Drug and Alcohol Policy .................................................Page 17 Uniform Reimbursement and Reporting the Value
of Unif
orms to CalPERS ..................................................Page 18 Fire Safety Management ..................................................Page 18 Special Assignment and Temporary Upgrade Pay ..........Page 20 Educational Incentive Pay................................................Page 21 Management Compensation and Benefits Plan
2 Revised 3/7/2023
SECTION 1: INTRODUCTION
The Management Compensation and Benefits Plan contains three parts: 1) an introduction, 2) an overview of compensation and 3) a description of benefits for management employees.

Definitions

1. Management Employees - Management employees are defined as those employees whose classifications are listed on the Management Salary Structure. Except as to those management employees subject to an appli cable law, all management employees are considered “at-will” and have no property rights to their position. At will employment with the city may be terminated at any time by either party, with or without cause, for any reason or no reason whatsoever, and with or without advance notice. At will employees do not have the right to appeal.

2. City Council Appointed Employees - The City Manager and City Attorney are hired by and responsible directly to the City Council. The salaries for these positions shall be set by the City Council. The City Manager and City Attorney will not be subject to the provisions of the Compensation program as outlined in Section 2 of this document. The schedule of management benefits (as outlined in Section 3 of this document ) will apply to these positions, except as otherwise provided by the City Council.

SECTION 2: COMPENSATION
Pay Ranges
Each
management job classification is assigned to a specific pay range. An employee may be paid anywhere in the pay range associated with their job classification.

Any employee may be advanced in the pay range regardless of the length of time served at the employee’s present pay rate. This advancement requires the written recommendation of the employee’s manager and the approval of the employee’s department head and City Manager (or City Attorney, for management employees in the City Attorney’s Office)

1. If, as a result of a pay range adjustment, an employee’s base salary falls below the minimum of the pay range, the employee’s salary will be increased to the new range minimum as of the date City Council approves the pay range adjustment.

Periodically the Human Resources Department will bring forth salary range movement recommendations to City Council that are based on market and economic conditions, and may include one or more salary ranges.
_____________________________
1 Hereafter, all references to the City Manager include, with regard to management employees in the City Attorney’s Office, the City Attorney.

Management Compensation and Benefits Plan
3 Revised 3/7/2023
Compensation Adjustments
Ef
fective January 1, 2023, all management employee salaries will be increased by 3.5%. 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 k
eeping 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 3/7/2023
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 Al
l 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 $5,000 multiple, unless the amount equals a $5,000 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 $5,000 multiple, unless the amount equals a $5,000 multiple.

Effective January 1, 2023, all CCEA-represented employees shall receive city-paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000.

Retirement
Al
l 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).

Management Compensation and Benefits Plan
5 Revised 3/7/2023
A. The city has contracted with CalPERS for the following retirement benefits:

Miscel
laneous “Classic” Members (those that do not qualify as “New Members” as defined below)
a) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 - The retirement formula shall be 3% @ 60; single highest year final compensation.
b) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 - The retirement formula shall be 2% @ 60; three year average final compensation.
c) Employees entering City of Carlsbad safety CalPERS membership for the first time prior to October 4, 2010 - The retirement formula shall be 3% @ 50; single highest year final compensation.
d) Employees entering City of Carlsbad sa fety CalPERS membership for the first time on or after October 4, 2010 – The retirement formula shall be 2% @ 50; three year average final compensation.
“New Members”
Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act 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 six months or more) will be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits. a) Miscellaneous employees - Retirement formula shall be 2% @ 62; three year average final compensation.
b) Safety employees - Retirement formula shall be 2.7% @ 57; three year average final compensation.

B. E
mployee Retirement Contribution
The
employee retirement contribution will be made on a pre-tax basis by implementing provisions of Section 414(h)(2) of the Internal Revenue Code.

Employees shall make the following employee retirement contributions through payroll deductions:
• miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%),
• miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%),
• safety employees subject to the 3% @ 50 or 2% @ 50 benefit formulas shall pay all of the employee retirement contribution (9%), and
• miscellaneous and safety employees who meet the definition of “New Member” under PEPRA shall pay the required PEPRA member contribution rate as established by CalPERS.

Management Compensation and Benefits Plan
6 Revised 3/7/2023
Leave of Absence
Man
agement 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 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 the employee’s leave account to cover the absence, deductions without pay will be made on full days only.

1. Vacation
a. Vacation Accrual
Every management employee shall accrue vacation 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 working day through the completion of five full calendar years of continuous service - 13 minutes/day.
- Beginning the sixth year of employment through the completion of 10 full calendar years of continuous service - 20 minutes/day.
- Beginning the 11th year of employment through the completion of 11 full calendar years of continuous service - 21 minutes/day.
- Beginning the 12th year of employment through the completion of 12 full calendar years of continuous service - 22 minutes/day.
- Beginning the 13th year of employment through the completion of 13 full calendar years of continuous service - 24 minutes/day.
- Beginning the 14th year of employment through the completion of 15 full calendar years of continuous service - 25 minutes/day.
- Beginning the 16th year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter.

Management Compensation and Benefits Plan
7 Revised 3/7/2023
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 320 hours of vacation. Effective March 20, 2023 the vacation accrual maximum will increase to 400 hours. No employee will be allowed to earn and accrue vacation hours in excess of the maximum.* The City Manager shall be responsible for the granting of vacation 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, the employee must submit a request in writing to the Department Head and the City Manager or designee. The Department Head and the City Manager or designee may grant such a request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances.

Fi
re 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 496 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 336 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 following the election will complete a form between November 10 and December 10 of each year. Elections will not carry over from one calendar year to the next calendar year.

Management Compensation and Benefits Plan
8 Revised 3/7/2023

2. Only vacation hours accrued during the calendar year following the election may be cashed out. Employees accruing less than the election amount may cash out no more than their total vacation accrual in the following calendar year.

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’s full election amount is reached. The vacation hours designated to the cash out account will not be credited toward the employee’s maximum vacation accrual.

During this period of time, no earned vacation leave will be credited to the employee’s vacation time off balance.

4. Payment of vacation hours elected for cash out will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case payment of the all the elected vacation hours will be cashed out in July. All vacation hours will be paid in the calendar year in which the vacation hours accrue. If the employee does not accrue all requested vacation hours in the calendar year, the vacation payment amount will be reduced to the total number of vacation hours the employee actually accrues in the calendar year and the payout will be made no later than the last pay date in the calendar year.

5. The vacation payment amount will be based on the employee’s rate of pay at the time of the payout. The vacation payment amount is taxable income, subject to all applicable withholding amounts and payroll deductions.

6. An employee who does not elect to cash out vacation by December 10 waives their right to do so and will not be allowed to cash out any vacation accruing in the following year.

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, 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- Management Compensation and Benefits Plan
9 Revised 3/7/2023
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 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 64 hours per fiscal year for executive leave. The 64 hours will be credited upon hire or promotion into management and at the beginning of each fiscal year to individual leave balances. This leave must be used within the same fiscal year. The City Manager is authorized to provide 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.

All management employees, except for Fire Battalion Chiefs, accrue 16 minutes of sick leave per calendar day. Accumulation is unlimited (employees cannot receive payment for unused sick leave). Fire Battalion Chiefs that work a 112 hour/pay period schedule shall accrue sick leave sick leave at a rate 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 occupational injury assignment (either full or light/modified duty) will continue to accrue at a rate of 25 minutes per day during this assignment.

Any management employee, except a Fire Safety Management employee, who has accrued and maintains a minimum of 100 hours of sick leave shall be permitted to convert up to 12 days of sick leave and uncompensated sick leave to vacation at a ratio of three sick leave days per one day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. Conversion can only be made in increments of full day vacation days. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum.

Fire Safety Management employees shall be eligible for sick leave conversion based on the following guidelines.

Management Compensation and Benefits Plan
10 Revised 3/7/2023
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 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.

Sick leave will be administered consistent with state and federal law and shall be allowed for the following purposes:

1. Diagnosis, care or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member (e.g., to recuperate from or receive treatment for personal injuries or illnesses, to care for an injured or ill family member or to atte nd medical, dental or optometry appointments).

Management Compensation and Benefits Plan
11 Revised 3/7/2023
If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated.

4. Bereavement Leave
An employee may use up to an equivalent of three work days of paid bereavement leave if required to be absent from duty due to the death of a member of the employee’s immediate family. Effective Jan. 1, 2023, an additional two days may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. 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
To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the CFRA or FMLA. a. General Policy
Any employee may be granted a leave of absence without pay pursuant to the approval of the employee’s Department Head for less than two calendar weeks. If the duration of the leave of absence will be longer, the approval of the City Manager or designee is required.

An employee shall utilize all accrued 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. i llness or disability,

2. to take a course of study which will increase the employee’s usefulness on return to the employee’s position in the city service, or

3. f or personal reasons acceptable to the City Manager and Department Head.
b. Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall state specifically the reason for the request, the date when the leave is desired to begin, the Management Compensation and Benefits Plan
12 Revised 3/7/2023
probable date of return, and the agreement to reimburse the city for any benefit premiums paid by the city during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by the employee’s Department Head, and, if 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. 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 14 calendar days prior to the expiration of the original leave.
d. Return From Leave
When an employee intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, the employee shall contact the employee’s Department Head at least 14 calendar days prior to the day the employee plans to return. The Department Head shall promptly notify the Human Resources Department of the employee’s intention. The employee shall return at a rate of pay not less than the rate at the time the leave of absence began. e. Insurance Payments and Privileges
An employee on leave without pay may continue the employee’s city insurance benefits by reimbursing the city for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was received.

Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process.

An employee on leave of absence without pay shall not have all of the privileges granted to regular employees (e.g., holiday pay), unless required by law.

6. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed Management Compensation and Benefits Plan
13 Revised 3/7/2023
to utilize a combination of accrued leave and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except sick leave, prior to taking leave without pay. Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions.

An employee who plans to take a leave pursuant to this article shall give the city reasonable notice of the date the leave shall commence and the estimated duration of the leave.

7. Family and Medical Leave 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.

8. Military Leave
Military leave shall be authorized in accordance with the provisions of State and Federal law. The employee must furnish satisfactory proof to the employee’s Department Head, as far in advance as possible, that the employee must report to military duty.

9. Jury Duty
When called to jury duty, an employee shall be entitled to the employee’s 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.

If an employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court. Employees shall be entitled to keep mileage reimbursement and/ or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees.

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 or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) or completion of a leave of absence related to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed below:
• accrual of sick leave and vacation,
• car allowance and
• holiday pay for Fire Battalion Chiefs working a 112 hour/pay period schedule.

Management Compensation and Benefits Plan
14 Revised 3/7/2023
On t
he day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s vacation anniversary date and seniority (calculation of continuous service with the city) will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer.

11. Paid Family Leave
Effective January 1, 2020, per Administrative Order No. 84, all management employees will be eligible for up to 160 hours per year of paid family leave to care for an immediate family member or bond with a new child.

Separation Compensation
Al
l 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
Al
l management employees shall be paid holidays in accordance with the schedule of 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
Fire Battalion Chiefs are compensated for holidays in the manner outlined below. 1) Suppression personnel on an administrative assignment are ineligible for the holiday pay listed above. These personnel will receive straight time pay when they are regularly scheduled to work on the holidays listed above.
2) Fire Prevention personnel and personnel on a non-occupational injury light/modified duty assignment will be eligible to have the day off with pay on the holidays listed above.

Management Compensation and Benefits Plan
15 Revised 3/7/2023
3) Suppression personnel working a 112 hour/pay period schedule and personnel on an occupational injury light/modified duty assignment shall be compensated for an additional 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
Man
agement 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.

Medical Insurance
Management employees will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of all management employees and eligible dependents and those retirees mentioned in the section of this document titled, “Health Insurance for Retirees,” 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 employee must select one medical plan from the variety of medical plans offered through CalPERS.

The city will contribute monthly amounts (called “Benefits Credits”) on behalf of each active management employee and eligible dependents toward the payment of medical premiums under the CalPERS Health Program. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference.

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.

Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and Management Compensation and Benefits Plan
16 Revised 3/7/2023
dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income.

All management employees who work three quarter-time or less will receive prorated Benefits Credits.

Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance Employees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level.

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 proof of alternative minimum essential coverage as defined by the Affordable Care Act. For those employees who are covered under another employer sponsored group insurance program, thebenefits credits associated with waiving medical coverage will be $400 per month.

Health Insurance for Retirees
Ef
fective 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 the retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage.

Physical Fitness Reimbursement
Al
l management employees shall be eligible for reimbursement of up to the amount of $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.

Management Compensation and Benefits Plan
17 Revised 3/7/2023
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
Shor
t-Term Disability
Effective January 1, 2020, will provide city-paid short-term disability insurance for all management employees via an insurance provider. The insurance shall provide for a seven calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase.

Long-Term Disability
The city will provide city-paid long-term disability insurance for all management employees.

Effective January 1, 2020, the waiting period prior to payment eligibility shall be 90 calendar days and the long-term disability benefits shall be provided at 66 2/3% of the employee’s pre-disability base salary, up to a maximum base salary of $150,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase.

Deferred Compensation
Th
e 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.

Management Compensation and Benefits Plan
18 Revised 3/7/2023
Uniform Reimbursement & Reporting the Value of Uniforms to CalPERS Re
imbursement to the Police Chief and Assistant Police Chief for the cost of purchasing and maintenance of required uniforms shall be $34.62 per pay period.

Effective May 31, 2010, all fire management employees who are required to wear city-provided uniforms will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation related to the monetary value of the required uniforms, excluding boots.

Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members.

Fire Safety Management

1. Pos
t-Retirement Healthcare Trust
Employees promoted into a fire safety management classification from a position represented by CFA, 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 contribution amount shall be equal to the amount established for employees represented by CFA, Inc. In addition, the city will make monthly contributions per fire safety management employee who is contributing to the trust. The city contribution amount will be equal to the amount established for employees represented by 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 weekly salary by 40 hours for an employee on an 80 hour/pay period schedule and 56 hours for an employee on a 112 hour/pay period schedule, for the actual hours the Fire Battalion Chief spends covering for a Battalion Chief who is on a leave of absence or deployed and when they are directed to attend a mandatory training class or meeting associated with the rank of Battalion Chief on a non-scheduled work day.

Employees in the classification of Fire Chief, Assistant Fire Chief, Fire Division Chief and Fire Marshal who are assigned to a mutual aid incident (not automatic aid) are compensated for regularly scheduled hours. In addition, the employee will be paid at their base hourly rate of pay, which is derived by dividing their weekly salary by 40 hours for all hours, beginning at the time of dispatch until return to jurisdiction (portal to portal). Employees in the classification of Fire Battalion Chief who are assigned to the emergency location are paid at a rate of 1.5 their base hourly rate of pay, which is derived by dividing their base weekly rate by 40 hours, for hours worked in excess of their normally scheduled work shift beginning at the time of dispatch to the return to jurisdiction (portal to portal).

Management Compensation and Benefits Plan
19 Revised 3/7/2023

3. Fire Battalion Chief Administrative Assignments
While a Fire Battalion Chief is on an administrative assignment, the employee' s hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate.

While appointed or assigned to an administrative position (80 hour/pay period schedule), the employee shall receive an additional 15% above their base hourly pay rate.

A Fire Battalion Chief who is assigned to an 80 hour/pay period schedule administrative assignment will not be available to work shift overtime on days they are assigned to an administrative assignment unless authorized by the Fire Chief or designee. Employees are authorized to work suppression overtime during hours they are not assigned to administration.

A Fire Battalion Chief working an 80 hour/pay period schedule who works a suppression overtime shift, not including overhead assignments, will have their pay rate converted to the 112 hour/pay period rate while working on the suppression overtime shift. This rate shall not include the 15% administrative assignment pay.

4. Moving Between an 80 Hour/Pay Period Work Schedule and a 112 Hour/Pay Period Work Schedule
When a Fire Battalion Chief changes from a 112 hour/pay period schedule to an 80 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is divided by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same.

When a Fire Battalion Chief changes from an 80 hour/pay period schedule to a 112 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is multiplied by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same.

5. The city will comply with the Firefighter Bill of Rights Procedures for those Fire Management employees who are afforded rights pursuant to Government Code Section 3254.5 of the California Firefighter Procedural Bill of Rights Act (FBOR).

6. Employees in t he classifications of Fire Battalion Chief and Fire Marshal shall be eligible for COVID-19 Emergency Responder Leave as outlined in the side letter agreement between the CFA and the City of Carlsbad relating to COVID-19 Emergency Responder Leave.

7. Deployment Recovery Leave
Effective March 20, 2023, Fire Safety Management employees returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to 24 hours to cover the balance of their remaining shift if returning on a regularly scheduled workday.

If returning from an incident deployment spanning 240 hours or greater on a regularly scheduled day off, Fire Safety Management employees shall be granted deployment recovery leave of up to Management Compensation and Benefits Plan
20 Revised 3/7/2023
24 hours to cover the duration of their next regularly scheduled shift so long as that regularly scheduled shift is scheduled to begin within 24 hours of return from the incident.

Fire Safety Management employees returning from incident deployments spanning 240 hours or greater will not be allowed to work overtime or a trade or be eligible to be force hired unless they have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or a regularly scheduled day off.

In the event the Fire Department is experiencing a staffing shortage, the City Manager or designee may adjust deployment recovery leave as needed until the local staffing shortage is resolved.

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 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 greater than the employee’s 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 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 21 consecutive calendar days, and the assignment nonetheless extends beyond 21 consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment.

No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the Human Resources Director as recommended by the affected Department Head. Exceptions to the minimum qualifications criteria may be recommended by the affected Department Head on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification the employee 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 180 calendar days in a special assignment unless approved by the City Manager or 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 21 calendar days, the temporary upgrade pay associated with their special assignment shall cease on the 22nd day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the special assignment, the temporary upgrade pay will resume as of the day the employee returns to work.

An employee in a special assignment shall be eligible to receive pay increases in the employee’s 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 Management Compensation and Benefits Plan
21 Revised 3/7/2023
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
Ef
fective 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 $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.

Attachment D
1 EMERGENCY MEDICAL TECHNICIAN (EMT)

EMPLOYMENT, COMPENSATION AND BENEFITS PLAN

TABLE O

F CONTENTS
I
ntroduction 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 Health Insurance/Flexible Benefits Program Page 9 Section 13 Holidays Page 11
Section 14 Retirement Benefits Page 12
Section 15 Americans With Disabilities Act and Other
Fair Employment Laws Page 13
Section 16 Family Leave Acts Page 13
Section 17 Alcohol and Drug Policy Page 13
Section 18 Paramedic License Pay Page 17
Section 19 Reporting Value of Uniforms to CalPERS Page 17 Section 20 Deferred Compensation Page 18
Section 21 Leave of Absence Page 18
Section 22 Military Leave Page 21
Section 23 Jury Duty Page 21
Section 24 Life/Accidental Death & Dismemberment
Insurance and Voluntary Benefits Page 22
Section 25 Wellness Page 22
Section 26 Paid Family Leave Page 22
Section 27 Defense and Indemnification Page 23
2 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.

SECTION 1. DUTIES
A. An EMT must possess the minimum qualifications and will perform the functions and duties set 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.

Th
e 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-employment screening to determine whether the EMT is an appropriate candidate for employment as an EMT for the city;
(2) Provide the EMT with any uniforms, tools and equipment as the city deems appropriate; Attachment D
3 (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 ) St
aff ambulances with at least one additional EMT or Paramedic as directed by the Fire Chief or 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 competitive process 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 same vacation 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.
4 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 with requirements of the Fair Labor Standards Act (FLSA) and any other federal or state employment laws 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 fire suppression/operations schedule on 24-hour shifts. An EMT shall receive overtime compensation for 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 be modified and/or updated from time to time at the sole discretion of the Fire Chief or designee in accordance with federal, state, and/or local laws governing employment.

D. In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for emergency call-back), and time spent conducting bona fide volunteer activities.

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.

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 discretion of the city. Such changes include, without limitation: (1) number of days/hours to be worked on a daily basis and in a payroll period; (2) normal days off; and (3) starting/ending times of assigned shifts.

Attachment D
5 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 t
he 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. An additional two shifts may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. 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 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 $200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. The EMT shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. EMTs shall combine accrued paid time off with short-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the short-term disability payments.
6 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. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase.

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. B asis of Accrual
The annual vacation leave accrual schedule will be:

B. V
acation Accrual Maximum
An EMT will not be allowed to earn and accrue vacation hours in excess of the 320 hour maximum. Effective March 20, 2023, the vacation accrual maximum shall be increased to 400 hours.

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.

Attachment D
7 C. Vacation Conversion
1) An E
MT 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 election by 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. 3) Only vacation hours accrued during the calendar year following the election may be 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 cash out account with the EMT’s earned vacation leave until the EMT’s full election amount 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 off balance.
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 will be cashed out in July.

All vacation hours will be paid in the calendar year in which the vacation hours accrue. If an EMT does not accrue all requested vacation hours in the calendar year, the vacation payment amount will be reduced to the total number of vacation hours the 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 time of 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 their right to do so and will not be allowed to cash out any vacation accruing in the following year.

D. E
ffect 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. C ompensation for City Work During Vacation Prohibited An E
MT 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 8 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. S cheduling Vacations
An E
MT 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 vacation time, the EMT shall provide as much advance notice as possible considering the particular circumstances.

G. T erminal Vacation Pay
The
dollar value of an EMT’s accrued vacation balance as of the EMT’s last day on payroll 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. U se of Sick Leave
Si
ck 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 purposes described in California Labor Code Sections 230(c) and 230.1(a), including obtaining relief (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.

Attachment D
9 Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws.

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. T
imekeeping
The
EMT must account for all sick leave hours requested via the city’s timekeeping system.

C. E ffect of Leave of Absence
S
ee Section 21 for the effect of an extended leave of absence on sick leave accrual.

D. S ick 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 to vacation at a ratio of 24 hours of sick leave to 8 hours of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. will not be allowed 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). In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay on or before March 20, 2023 will not be required to pass the test until March 20, 2026.

SECTION 12. HEALTH INSURANCE/FLEXIBLE BENEFITS PROGRAM EMTs will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and dismemberment insurance 10 (AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below.

Benefits Credits and Medical Insurance
EMTs w
ill be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the C alifornia 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 alternative minimum essential coverage as defined by the Affordable Care Act. Effective the pay period that includes December 31, 2022, for those EMTs who are covered under another employer sponsored group insurance program, the Benefits Credits associated with waiving medical coverage will be set equal to $400 per month.

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, V
ision 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.

Attachment D
11 Retirees
If an EMT retires from the c ity, 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 c ity 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.

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.
12 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” as defined 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 first time 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.

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 payroll deductions:
• EMTs who are miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%). • EMTs who are miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%). • EMTs who are miscellaneous employees meeting the definition of “New Member” under PEPRA shall pay one half of the normal cost rate associated with their 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 schedule has been approved by CalPERS, the EMT may arrange with the city for such payments to be made by means of payroll deduction
Attachment D
13 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. POL ICY
It
is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Service s Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification.

This policy is intended to accomplish that objective.

A. D
ef initions - As Used in This Policy:

1. "D
rug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids.

2. “Workplace” means any site where city -assigned work is performed, including city premises, city vehicles or other premises or vehicles, while city -assigned work is being conducted, or within a reasonable time thereafter.

1. A
s 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 premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel;
c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by a ll terms of this policy.

2. Employee must notify their supervisor when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), 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 not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if there is relevant nexus between such off - duty involvement and the employee’s employment with the city.

C. E
mp loyer 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 employee or if no prior notice, in the employee’s presence, all work areas and property in which the city maintains full or joint control with the employee, including but not limited to city vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employee is cautioned against storing personal belongings in work areas under full or joint city control since such work areas may be subject to investigation and/or search under this policy. Employee shall have no expectation of privacy in these areas, locations or properties.

Attachment D
15 Employer searches shall occur when there is a determination of “reasonable suspicion” as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches.

Searches will not normally occur without concurrence of more than one supervisor.

The city may conduct searches without notice to the employee or without the employee being present if a valid search warrant has been obtained. The employee may also consent to a search.

Nothing in th
is policy shall prevent the city from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use.

D. Cons equences of Violation of Policy

1. Fa
ilure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination.

E. Federal Motor Carrier Safety Improvement Act of 1999 and DOT regulations
The Federal Motor Carrier Safety Improvement Act of 1999 and the California Vehicle Code apply to an EMT . The c ity and employees shall comply with the regulations developed by the Department of Transportation to enforce the Act.

II. DRUG AND ALC

OHOL ANALYSIS
A. Pre-e mployment Drug and Alcohol Analysis

1. Pr
ior to receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of " breathalyzer," urine, or blood analysis.

2. Persons whose results are positive for either drugs or alcohol will be rejected for city employment.
16 B. E mployee Drug and Alcohol Analysis

1. If
a manager or supervisor of the city has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of " 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 the employee to the employee’s home.

Attachment D
17 4. A dr ug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job.

5. A positive result from a drug and alcohol analysis may result in termination.

6. City agrees to take steps to protect the chain of custody of any drug test sample.

7. E
mployee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed necessary by the city.

III. E

MP LOYEE ASSISTANCE PROGRAM
A. Th
e 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 a ssistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor.

B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral contacts are held in confidence by the EAP.

C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any city policy.

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. 18 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 disabled from work as a result, the EMT may receive the EMT’s full salary, in lieu of the state mandated temporary disability benefit, for a period of up to 45 calendar days for any single incident. The periods of temporary disability need not be continuous. Any aggravation of a pre-existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the EMT will not be entitled to any occupational sick leave benefit which exceeds the original maximum of 45 calendar days. The city reserves the right to determine whether occupational sick leave will be gra nted.

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 matters and/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 Labor Code. To the extent these benefits are less than the EMT’s full regular pay, the EMT shall supplement them by using accrued sick leave and/or vacation to reach the 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 regular pay, the EMT shall supplement them by using accrued sick leave and or vacation to reach the 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.

C. To the extent permitted by law, a leave of absence under this section will run concurrently with any FMLA or CFRA leave of absence an EMT is entitled to receive it.

Attachment D
19 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 usefulness on return to the EMT’s position.
c) For personal reasons acceptable to the Fire Chief or designee and City Manager.
d) Authorization Procedure
Req
uests 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 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 20 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 Consoli dated Omnibus Budget R econciliation 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 accordance with the provisions of s tate and f ederal law. In the case an EMT is disabled by pregnancy, childbirth or a related medical condition, the EMT shall be allowed to utilize a combination of accrued leave 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. An EMT shall utilize all accrued leave , except sick leave, prior to taking leave without pay.

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 of absence (paid or unpaid and except when leave is ordered by the city or when the Attachment D
21 EMT 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 and

2. 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.

G. Deployment Recovery Leave
Effective March 20, 2023, EMTs returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to 24 hours to cover the balance of their remaining shift if returning on a regularly scheduled workday.

If returning from an incident deployment spanning 240 hours or greater on a regularly scheduled day off, EMTs shall be granted deployment recovery leave of up to 24 hours to cover the duration of their next regularly scheduled shift so long as that regularly scheduled shift is scheduled to begin within 24 hours of return from the incident.

EMTs returning from incident deployments spanning 240 hours or greater will not be allowed to work overtime or a trade or be eligible to be force hired unless they have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or a regularly scheduled day off.

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 22 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 while on jury duty. If the EMT also receives any compen sation from the court for serving on a jury, the EMT will reimburse the city for the amount they received from the court.

If the EMT i s 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.

Effective January 1, 2023, EMTs shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000.

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 442-339-2440.

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.

Attachment D
23 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. 3/7/23

Page 1 of 24 ends

Carlsbad City CouncilMarch 7, 2023

Carlsbad City Council
March 7, 2023