Loading...
HomeMy WebLinkAboutCity Council - 4300 RESOLUTION NO. 4300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH POLICE OFFICERS ' CHAPTER, SERVICE EMPLOYEES INTERNATIONAL UNION, CITY DIVISION, LOCAL 660 , AFL-CIO The City Council of the City of Huntington Beach hereby resolves as follows : The Memorandum of Agreement between the City of Huntington Beach and the Huntington Beach Police Officers ' Chapter, Service Employees International Union, City Division, Local 660 , AFL-CIO, dated July 30 , 1976 , a copy of which is attached hereto and by reference made a part hereof, is hereby adopted and ordered implemented in accordance with the terms and conditions thereof. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular-me `ng thereof" on the 2nd day of August, 1976 . .�-ramie-- Mayor Pro Tempore TZ APPROVED AS TO FORM: City Clerk ,- Nicolas Counter III 'Labor Relations Counsel APPROVED AS TO CONTENT: Director of Personn 1. an Labor Relations MEMORANDUM OF AGREEMENT Between THE CITY OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called CITY) and THE HUNTINGTON BEACH POLICE OFFICERS CHAPTER, SERVICE EMPLOYEES INTERNATIONAL UNION, CITY DIVISION, LOCAL 660, AFL-CIO (hereinafter called UNION) PREAMBLE WHEREAS, pursuant to California law, the City, acting by and through its designated representatives, duly appointed by the governing body of said City, and the representatives of the Union, a duly recognized employee association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours and other terms and conditions of employment for the fiscal years 1976-1977; and 1977-1978. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the Union; and WHEREAS, the representatives of the City and the Union desire to reduce their agreements to writing, NOW, THEREFORE, this Memorandum of Agreement is made, to become effective July 1, 1976, and it is agreed as follows: -1- ARTICLE I REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Police Officers Chapter Service Employees International Union, City Division, Local 660, is the employee organization which has the right to meet and confer in good faith with the City on behalf of employees of the Huntington Beach Police Department within the following classification titles: A. Sworn Personnel: Police Captain Police Lieutenant Police Sergeant Identification Technician Police Officer Police Recruit B. Non-Sworn Personnel: Detention Officer Detention Officer Sr. Communication Operator ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Agreement shall not change existing terms and - conditions of employment which have been established in prior Memoranda of Agreement between City and the Association, and the Union. -2- ARTICLE III SALARY SCHEDULES A. Effective July 1, 1976, the monthly salary rates for the classifications of Police Officer, Identification Technician and Police Recruit shall be increased by 7 The monthly salary rates for the remaining classifications of Sworn Personnel shall be increased so as to maintain a 17% spread between the ranks to wit, from Officer to Sergeant, from Sergeant to Lieutenant, and from Lieutenant to Captain. B. Effective July 1,1976, the monthly salary rates for the classifications of Non-Sworn Personnel shall be increased by 5%. C. Effective January 1, 1977, the monthly salary rate for Step E of the classification of Police Officer shall be increased by $41. 00 per month and the monthly salary rates for Steps A through D shall be adjusted so as to maintain the existing percentage relation- ship between said Steps. The monthly salary rates for the classifications of Identification Technician and Police Recruit shall be adjusted by 2. 83%. The monthly salary rates for the re- maining classifications of Sworn Personnel shall be adjusted so as to maintain the 17% spread from rank to rank as provided in paragraph A above. D. Effective July 1, 1977, the monthly salary rate for Step E of the classification of Police Officer shall be increased by $41. 00 per month and the monthly salary rates for Steps A through D shall be adjusted so as to maintain the existing percentage relation- -3- ship between said Steps. The monthly salary rates for the classifications of Identification Technician and Police Recruit shall be adjusted by 2. 8%. The monthly salary rates for the re- maining classifications of Sworn Personnel shall be adjusted so as to maintain the 17% spread from rank to rank as provided in paragraph A above. E. Effective October 1, 1977, the monthly salary rates for the classifications of Non-Sworn Personnel shall be increased by 5%. F. Subsequent to July 1, 1977, and prior to October " 1, 1977, the parties hereto shall conduct a survey to determine the average monthly base salary rate for the Fifth Step in the salary range for the classification of Police Officer in the following jurisdictions: Anaheim, Glendale, Inglewood, Pasadena, Torrance and Riverside. G. Effective October 1, 1977, the monthly salary rate for Step E of the classification of Police Officer shall be adjusted to said average as determined by the aforesaid survey. Steps A through D of the Police Officer classification and the monthly salary rates of the remaining classifications of Sworn Personnel shall be adjusted so as to maintain the then-existing percentage relationship. ARTICLE IV SALARY DIFFERENTIALS A. Employees assigned to duty as helicopter pilot shall receive $150.00 per month in addition to their applicable salary. -4- B. Employees assigned to duty as heliocopter observer shall receive $75.00 per month in addition to their applicable salary. C. Employees assigned to duty as motorcycle officers shall receive a differential of 8. 25 percent of their salary rate as estab- lished in Article III above. D. Employees assigned to duty as a communications operator senior shall receive a differential of 5% of their salary rate as communication operator as established in Article III above. E. Non-sworn members required to work on a regularly assigned shift that occurs between the hours of 4 P.M. and midnight, or midnight and 8 A.M. , shall be paid a premium of five percent (50) of the employee' s base hourly rate for all work performed during said shift. Employees will be considered as assigned to the afternoon shift (4 P.M. to midnight) or the night shift (midnight to 8 A.M. ) when five (5) or more hours of their regularly assigned shifts occur in the afternoon or night shift as defined herein. ARTICLE V OVERTIME AND STAND BY PAY A. Except for the classification of Police Captain, employees shall receive time and one half their salary rate for all time worked in excess of forty hours during any given payroll week; an employee may elect to receive compensatory time off (to be accrued to a maximum of 120 hours) in lieu of such overtime pay. B. Stand By Time: Employees required to be on stand by for a court appearance during other than their scheduled working hours shall receive a minimum of two hours straight time pay (including the differentials identified in Article IV) for both morning and afternoon court sessions. -5- C. Court Appearance Time: Employees required to appear in. court during other than their scheduled working hours shall receive a minimum of three hours pay (including the differentials identified in Article IV) at time and one half; however, if such time overlaps with the employee' s scheduled working hours, said premium rate shall be limited to those hours occurring prior to or after the employee's scheduled work time. ARTICLE VI INSURANCE A. The City shall continue to provide group medical insurance to all employees in the unit with benefits comparable to those presently in effect for sworn personnel. B. Upon the completion of one year of service, employees shall have their group insurance premiums for dependent medical coverage paid by the City. C. Effective July 1, 1975, sworn personnel who have been placed on industrial disability retirement subsequent to January 31, 1974, shall be eligible to continue to participate in the existing group medical insurance plan at their own cost. Participation shall cease upon the earliest 'of the following: (1) the expiration of three calendar years following the date of the industrial disability retire- ment, or (2) the retireee obtaining eligibility for coverage under a comparable medical plan. Retirees who cease to participate may exercise any coversion privileges then in existence. D. Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the City. As soon as practicable, after adoption of this Memorandum of Understanding by the City, dependent dental coverage shall be added, based upon a super composite rate to be obtained by the City; provided, however, in the -6- event said super composite rate results in an increase in premium in excess of $10.00 per month per employee, the amount of said excess shall be deducted from the monthly salary rates for each classifica- tion provided for in. Article LIIe E. City will provide $10,000. 00 of term life insurance without evidence of insurability other than evidence of working a full time duty and another $10,.000. 0:0 requiring 'evidence of insurability, all at the employee' s own cost. ARTICLE VII INCO14E PROTECTION PLAN The existing long term disability program provided by the City shall remain in effect for all personnel. This program provides, for each incident, pay up to sixty calendar days at the employee' s salary rate (excluding overtime but including any special pay in effect,at the time of illness or injury) . After the sixty calendar day period, the employee will be covered by an insurance plan paid for by the City which will provide 66-2/3 percent of the employee' s salary rate (excluding overtime and any special pay) up to a maximum of $1,500. 00 a month in accordance with the following: Disability Due Disability Due to Accident to Illness First 60 days Regular Pay Regular Pay Next 24 months 66-2/30 of base pay 66-2/30 of base pay up to maximum benefit up to maximum of $1500 monthly benefit of $1500 monthl To age 65 66-2/3o up to maximum None benefit of $1500 monthly -7- Days and months refer to calendar days and months. Benefits under the Plan are integrated with Workmen' s Compensation, Social Security and other non-private program benefits to which the employee may be entitled. Disability defined as the inability to perform all of the duties of regular occupation during two years and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience. Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Plan will provide 66-2/3% of difference between regularpay and pay of other occupation. Survivors benefit continues plan payment for three months beyond death. ARTICLE VIII RETIREMENT The City will provide, for all sworn personnel represented by the Union whose retirement is effective or whose death occurs after July 1, 1978, Public Employees Retirement System retirement benefits computed by utilizing the two percent at age fifty formula commonly referred to as the California Highway Patrol Retirement Plan. ARTICLE IX POLICE EDUCATION INCENTIVE PLAN The existing Police Education Incentive Plan shall be maintained for sworn personnel as follows: -8- Continuing Ed- Education Maximum Years of ucation College Incentive Post College Training HBPD Units Required Monthly Level Cert. Units Points Service Annually Amount I Inter 30 10 1 6 $ 66.1 II Inter 60 20 1 3 $ 99.1 III Adv 90 30 2 3 $ 132. 2 IV Adv 120 3 3 $ 198. 3 V Adv 150 3 0 $ 198.3' Stipulations 1. Monthly amount increases/decreases based on Los Angeles- Long Beach Consumer Price Index. September l adjustment based on July all items figure. 2. College major shall be Police Science, Criminology, Political Science, Sociology, Law, Business Administration, Public Administration, Psychology or closely similar field as approved by Chief of Police and Education Committee. 3. Initial eligibility must be approved by Chief of Police. An acceptable yearly performance evaluation, signed by Chief of Police, is required. No incentive taken away without just cause. 4. Training points approved by POST may be substituted for college units, on the following schedule: 10 of 30, 20 of 60 30 of 90. 5. Pay g to be effective first month following approval. 6. After 120 units of B.A. POST approved training points may be substituted for college units without limit. 7. Repeat college courses credited as determined by the college. -9- 8 . Repeat POST approved seminars , institutes, etc. credited as determined by the Chief of Police. 9 . All college units require grade of "C" or better to qualify. 10 . Obtaining transcripts or other acceptable documentation is employee responsibility. 11. Employee may choose between POST training points or college units where a choice is available . No change allowed once choice is made, no double credit allowed. The existing non-sworn education incentive plan shall be maintained as follows : 1, Payment shall be made on the basis of One Dollar ($1. 00) per month for each completed college semester unit or its equivalent, limited to 8 . 25% percent of the employees basic monthly pay. As an alter- native, the CITY may reimburse the employee for tuition only on request of the employee and approval of the Department Head. Said payment for tuition shall be subject to all other regulations herein contained and Y duplicate payment for courses under this Plan shall not be authorized. P P 2 . Payment shall be made only for that education above and beyond the education requirements for the employees classification. 3 . Payment shall begin on the first of the month following approval by the Education Committee. 4 . The Education Committee shall be composed of one member appointed by the Union, one member from the Finance Department and one member from the Personnel Department. -10- 5 . An employee must be employed by the City for one year to be eligible, and only those units for which credit is received after the date of employment shall be eligible for payment. All courses and credit shall be taken on the employee 's own time and the employee ' s own expense. 6 . Transcripts and other proof of credits shall be the sole responsibility of the employee. Transcripts and grade cards shall be forwarded to the Education Committee for review and consideration. 7 . When an employee is promoted or transferred, his pay , if any, under the Education Pay Plan shall be reviewed to determine continuing eligibility. 8 . Semester units shall be the basis for payment , with 18 hours of instruction the equivalent of one semester unit , and one quarter unit shall be the equivalent of two-thirds (2/3 ) of a semester unit. 9 . Questions concerning the Education Committee ' s determination shall be referred to the Committee. An employee who is not satisfied with the Committee' s determination shall present his problem to the Education Committee for review. Determination of the Education Committee may be subject to the Grievance Procedure . 10 . Documentsand questions for the Education Committee shall be referred to the Personnel Director for submission to the Committee. 11. All grades must be a letter grade of "C" or better. In a "Pass/Fail" grading system, a "Pass" is required and in a "Credit/No Credit" grading system, :a "Credit" is required to be eligible for approval. -11- 12 . The Education Committee may approve courses in advance to insure that payments will follow completion. ARTICLE X SICK LEAVE PAYOFF A. As of January 25 , 1974 , all sick leave accumulation for sworn personnel was frozen for purposes of payoff upon termination. Nothing will be paid for accumulation up to 480 hours. Accumulated hours from 480 to 720 will be paid off at 45% of their value as of January 25 , 1974 . Hours in excess of 720 will be paid off at 70% of their value as of January 25 , 1974 . The payoff for accumulated sick leave as described above may be taken either: 1. Upon termination, or 2 . One'-third of the amount payable as of January 25 , 1974 may be taken each July 1 of three successive years , starting July 1 , 1974 . If the total amount payable to an individual is less than $1, 500 . 00 , he may elect to take a portion of amount payable to him up to $500 . 00 each July 1 until total amount payable to him has been paid. Twenty-five percent of any sick leave accumulation under 480 hours an individual may have as of January 25 , 1974 , will be converted to compensatory time off. Such compensatory time will be permitted as a separate and additional amount in excess of the 120 hours maximum accumulation permitted under Personnel Rule 14-8 . Any compensatory time taken will draw from this additional amount available first until it is depleted before any is taken under the maximum accumulation permitted -12- under Personnel Rule 14-8 . If any of this additional amount is still remaining upon termination, it will be paid off at its current hourly value as of January 25 , 1974. Any amount taken prior to termination will be taken at the employee' s earning rate at the time such converted compensatory time off is used. B. All non-sworn personnel whose classifications were added to the police unit , shall have existing sick leave frozen as of June 30 , 1976 , at the rate in effect as of that date. Any payoff of such accumulated sick leave shall be in accordance with the provisions of Personnel Rule 14-8 as of June 30 , 1976 . ARTICLE XI FAMILY ILLNESS LEAVE Sick leave may be used for an absence due to illness of the employee' s spouse or child when the employee 's presence is required at home, provided that such absences shall be limited to five days per calendar year. ARTICLE XII BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed three working days per calendar year in instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse or children of the employee. -13- ARTICLE XIII TEN-PLAN The work schedule agreed to by the City and the Union during negotiations has been fully implemented and shall remain in effect during the life of this Agreement unless changes are agreed to by the •Union and the City. ARTICLE XIV VACATIONS Anniversary Date : For the purpose of computing vacation , an employee' s anniversary date shall be the most recent date on which he commenced full-time , City employment. Annual Vacation: The purpose of annual vacation is to provide a rest period which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the following: (a) Employees who have not completed six (6 ) months continuous service with the City. (b) Employees who work less than full-time. (c) Employees on leave of absence . Vacation Allowance : Permanent employees in City service , having an average work week of forty (40 ) hours , shall accrue annual vacations with pay in accordance with the following: (a) For the first five (5 ) years of continuous service vacation time will be accrued at the rate of 96 hours per year. -14- (b) After five (5 ) years of continuous service vacation time will be accrued at the rate of 112 hours per year. (c) After ten (10 ) years of continuous service to the completion of fifteen years of continuous service vacation time will be accrued at the rate of 128 "hours per year. (d) After fifteen (15 ) years of continuous service vacation time will be accrued at the rate of 160 hours per year. No vacation may be taken until the completion of six (6 ) months of service. Permanent, part-time employees assigned a work schedule of less than 2 , 080 and more than 1,040 hours per year shall receive vacation in one-half the amounts set forth above . Vacation - When Taken: No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of 320 hours. Vacations shall be taken only with permission of the department head; however, the department head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. Terminal Vacation Pay: No employee shall be paid for unused vacation other than upon termination of employment at which time such terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to an including the effective date of his termination. Receipt of Vacation Pay: Upon two. week. written notification to the Finance Director, each employee shall be entitled to receive his earned vacation pay, less deductions , in advance , prior to his regular -15- scheduled annual vacation. Such advancements are limited to one during each employee' s anniversary year. ARTICLE XV HOLIDAYS Employees represented by the Union and actively employed by the City, in addition to regular compensation, shall receive each month, pay for one-twelfth of the total holiday hours earned for the year based on eight hours per holiday. They shall be entitled to an additional eight hours of pay at their regular rate for special holidays observed by the City beyond those identified in the Personnel Rules of the City. ARTICLE XVI UNIFORMS The City shall continue the existing practice of providing and replacing uniforms and safety equipment. ARTICLE XVII MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Chief of Police retains all rights , powers and authority with respect to the management and direction of the performance of police services and the work forces performing such services , provided that nothing herein shall change the City� s obligation to meet and confer as to the effects of any such management decision upon wages , hours and terms and conditions of employment or be construed as granting the Chief of Police or the City -16- the right to make unilateral changes in wages , hours , and terms and conditions of employment. Such rights include , but are not limited to, consideration of the merits , necessity, level or organization of police services , including establishing manning requirements , overtime assignments , number and location of work stations , nature of work to be performed, contracting for any work or operation , reasonable employee performance standards , including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services . ARTICLE XVIII TERMS OF MEMORANDUM OF AGREEMENT This Memorandum of Agreement shall be in effect for a term of twenty-seven months , commencing on July 1 , 1976 , and ending at midnight on September 30 , 1978 . No further improvements or changes in the salaries and monetary benefits of the employees represented by the Union shall take effect during the term of this Agreement and the Union expressly waives any right to request any improve- ments or changes in salaries or monetary benefits for the employees represented by the Union which would take effect prior to October 1, 1978 , and the City of Huntington Beach, through its representatives , shall not be required to meet and confer as to any such request . -17- ARTICLE XIX EFFECTIVE DATES FOR INSURANCE BENEFITS FOR NON-SWORN PERSONNEL The insurance benefits added herein for non-sworn personnel by virtue of Article VI , paragraphs A, B, D and E, and Article VII shall be effective August 1 , 1976 . ARTICLE XX CITY COUNCIL APPROVAL It is the understanding of the City and the Union that this Memorandum of Agreement is of no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement this 30th day of July, 1976 . I DATED; 1976 CITY OF 1"J"' L GTON BEACH B Ci���tAnistratory i By Gd� Director of Personn9l an Labor Relations APPROVED AS TO FORM: HUNTINGTON BEACH POLICE OFFICERS ' CHAPTER, SERVICE EMPLOYEES INTER- NATIONAL UNION, CITY DIVISION, LOCAL 660 , AFL-CIO By 41cholas Counter III `/Labor Relations Counsel By B3KP,�) , B B -18- CITY OF MWINGTON BEACH PERSONNEL DEPARTMENT POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE Effective July 1, 1976 �A" Step Job No. Title Range A B C D E Hrly. Rate 4334 Police Recruit 142 972 5.61 4332 Police Officer 148 1146 1210 1278 1349, 1428 6.61 4330 Identification Tech. 152 1279 1350 1429 1508 1593 7.38 2360 Police Sergeant 154 1341 1419 1497 IS81 1671 7.74 1360 Police Lieutenant 15,9 1570 1656 1153 1851 1955 9.06 0330 Police Captain 165 183S 1939 2050 2164: 2287 10.59 6370 Communications Oper. 139 894 941 991 1044 1099 5.16 432S Detention Officer 143 992 1045 1100 1160 1223 5.72 4326 Detention Offic. Sr. 146 1074 1132 1192 1257 1327 6.20 Effective January 1, 1977 4334 Police Recruit 142 1000 S.77 4332 Police Officer 148 1179 1245 1315 1388 1469 6.80 4330 Identification Tech. 152 1316 1389 1470 1S51 1638 7.59 2360 Police Sergeant 1S4 1380 1460 1840 . 1627 1719 7.96 1360 Police Lieutenant 159 1614 " 1703 1803 1904 2011 9.31 0330 Police Captain 165 1889 1996 2110 2227 2353 10.90 6370 Communications Oper.. 139 894 941 991 1044 1099 5. 16 4325 Detention Officer 143 992 1045 1100 __1160 1223 5.72 4326 Detention Offic. Sr. . 146 1074 1132 1192 12S7 1327 6.20 Res. No. 4300 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 2nd day of August 1976 by the following vote: AYES: Councilmen: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Wieder City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I