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HomeMy WebLinkAboutCity Council - 4738 RESOLUTION NO. 4738 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 ASSOCIATION T'lie 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 Association, dated March 19, 1979, a copy of which is attached hereto and by reference made a part hereof, is hereby adopted a-id 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 meeting thereof on the 2nd day of April, 1979. ,yam +► Mayor ATTEST: APPROVED AS TO FORM: a ele�� z Q c%fr.�/fL'L i City Clerk J. Nic olas Counter III Labor Relations Counsel PROVED AS TO CONTENT: Director of PersonnA and VIAY Administrator Labor Relations 1 MEMORANDUM OF AGREEMENT Between THE CITY OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called CITY) and THE HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION (hereinafter called ASSOCIATION) PREAMBLE WHEREAS the designated representatives of the City of Huntington Beach and the Huntington Beach Police Officers association have met and conferred in good faith with respect to salaries, benefits and other terms and conditions of employment for the employees represented by the Association; WHEREAS, after so meeting and conferring in good faith the parties reached an impasse on a number of issues; WHEREAS, the parties agreed pursuant to Section 9 of Resolution No. 3335 agreed to submit the issues as to which they were at impasse to an impartial factfinder; WHEREAS, on February 16, 1979, said factfinder rendered his findings, decision and recommendation for resolving said impasse; WHEREAS, the parties have mutually agreed upon a resolution of each of the issues in dispute except one and as to the issue the parties have agreed to engage in further negotiations with respect thereto under the terms and conditions hereinafter set forth. Based upon the foregoing facts, the parties agree as follows: ARTICLE I REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Police Officers Association is the employee organization whch 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: 2 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. ARTICLE III PERS PICKUP AND SALARY SCHEDULES 1. Commencing with the first payroll period in October 1978 and continuing up to March 17, 1979, the City will, pursuant to Internal Revenue Code 414(h) (2) pick up a portion of each employee's contribution to the Public Employee Retirement System for that period of time. Said pickup shall be in the ratio of 5/9 for safety employees and 5/7 for non-sworn employees and shall be payable as soon as practical after approval of this agreement by the City Council to those employees on the payroll as of that time issued separately from payroll checks. 2. Effective March 17, 1979, the salary ranges for the classifiactions of employees represented by the Association shall be as provided in attachments A, B, and C to this Resolution. Effective October 1, 1978, the classification of Communication Operators shall be adjusted to the same salary range as that of Fire Controllers, at which time the shift differentials for Communication operators shall be discontinued. 3 ARTICLE IV SALARY DIFFERENTIALS A. Employees assigned to duty as helicopter pilot shall receive $150.00 per month in addition to their applicable salary. B. Employees assigned to duty as helicopter 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 established 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 other than Communication Operators 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 (5%) 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. 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) 4 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 P P Y 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. 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 retirement, or (2) the retirees obtaining eligibility for coverage under a comparable medical plan, or (3) eligibility to participate in any City sponsored retiree medical plan at retiree's own cost. Retirees who cease to participate may exercise any conversion privileges then in existence. D. Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the City. 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 $10,000.00 requiring evidence of insurability, all at the employee's own cost. ARTICLE VII INCOME 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: 5 Disability Due Disability Due to Accident to illness First 60 days Regular Pay Regular Pay Next 24 months 66-23% of base pay 66-2/3% of base pay up to maximum benefit up to maximum of $1,500 monthly benefit of $1,500 monthly to age 65 66-2/3% up to maximum None benefit of $1,500 monthly 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 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 regular pay 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 Association 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; 6 Education Maximum Years of Cont. Education Incentive Post College Training HBPD College Units Req. Level Cert. Units Units Points Service Annually Amount I Inter 30 20+ 10 1 6 83.31 11 Inter 60 40+ 20 1 3 125.03 III Adv 90 60+ 30 2 3 166.67 IV Adv 120 3 3 250.00 V Adv 150 120+ 30 3 0 250.00 Stipulations 1. Educational Incentive Plan. The existing Educational Incentive Plan shall be modified in accordance with the terms of this paragraph. The maximum educational attainment level shall be set at a monthly rate of $250 per month effective September 1, 1978. Said adjustment shall be in lieu of and take the place of the adjustment due on that date under the prior agreement of the parties and there shall be no further increases to the maximum monthly rate attainable under said Educational Incentive Plan. Said Educational Incentive Plan as modified herein shall be applicable to all sworn personnel hired prior to July 1, 1979. With respect to employees hired after July 1, 1979, the parties agree as follows: 1.1 During the month of September 1979, the parties agree to meet and confer in good faith in an attempt to reach an agreement regarding the eligibility of such new hires under the Educational Incentive Plan. The parties will pursue such alternatives as they mutually deem appropriate in the interest of reaching agreement. 1.2 The parties hereby reserve their respective legal rights, contentions, positions and remedies with respect to the ultimate resolution of this issue. Specifically, the City reserves the right to unilaterally implement its last offer with respect to this issue as recommended by the factfinder and the Association reserves its right to oppose and challenge through legal proceedings any such unilateral implementation. 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. 7 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 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. 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% of the employee's basic monthly pay. As an alternative, 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 duplicate payment for courses under this Plan shall not be authorized. 2. Payment shall be made only for that education above and beyond the education requirements for the employee's 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 Association, one member from the Finance Department and one member from the Personnel Department. 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. 8 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. Documents and 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. 12. The Education Committee may approve courses in advance to insure that payments will follow completion. ARTICLE X SICK LEAVE A. All sworn personnel and non sworn Jail Personnel represented by the Association shall have a maximum of 60 calendar days sick leave per incident or illness. This leave shall not accumulate beyond the one year maximum and there shall be no pay off rights to unused leave upon termination of the employee from the City. 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. C. In cases of short term absences (less than 7 days in duration) due to illness or injury, Communication Operators may be paid up to 96 hours per year. It is understood that the existing Income Protection Plan is applicable to long term absences of 7 days or more. 9 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. ARTICLE XIII TEN-PLAN The work schedule agreed to by the City and the Association during negotiations has been fully implemented and shall remain in effect during the life of this Agreement unless changes are agreed to by the Association 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. (b) After five (5) years of continuous service vacation time will be accrued at the rate of 112 hours per year. 10 (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 and 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 scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. ARTICLE XV HOLIDAYS Employees represented by the Association and actively employed by the City, in addition to regular compensation, shall receive each month 1/12 of the total holiday hours (88) earned for the year. 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. 11 ARTICLE XVI UNIFORMS Effective April 1, 1979, the City shall during the term of this Agreement, establish a uniform allowance in lieu of the City providing uniforms for employees represented by the Association. Such allowance shall be $400 per year payable quarterly to those employees on active duty during that quarter separately from payroll checks. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance or order of the Chief, batons, speed reloaders, Swat uniforms and equipment and canine uniforms and equipment. ARTICLE XVII ASSOCIATION BUSINESS An allowance of 710 manhours per year shall be established for the purpose of allowing authorized representatives of the Association to represent members of the Association in their employment relations. Such allowance may be utilized only by those persons authorized by the Board of Directors of the Association and such utilization shall be subject to rules established by the Chief of Police and the Association in writing. ARTICLE XVIII 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 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, 12 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 XIX TERM OF MEMORANDUM OF AGREEMENT This Memorandum of Agreement shall be in effect for a term of twenty-four months, commencing on October 1, 1978, and ending at midnight on September 30, 1980 except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits of the employees represented by the Association shall take effect during the term of this Agreement and the Association expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the Association which would take effect prior to October 1, 1980, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. ARTICLE XX CITY COUNCIL APPROVAL It is the understanding of the City and the Association 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 2.4dday o+ra, 1979. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION By - By �, : f7 V4,4' C' y Administrator B y: J By B� / Director of Per nnel and Labor Relations B APPROVED AS TO FORM: By Ar By J. Ni holas Counter III Labor Relations Counsel 13 ATTACHMENT: A CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT POLICE OFFICERS ASSOCIATION SALARY SCHEDULE Effective October 1, 1978 "A" Step Job No. Title Range A B C D E Hrly. Rate 4334 Police Recruit 142 1102 6.36 4332 Police Officer 148 1297 1369 1445 1526 1614 7.48 4336 Police Off Mot Cy 151 1404 1482 1564 1652 1747 8.10 4330 Identification Tech 152 1444 1525 1614 1703 1799 8.33 3360 Police Sergeant 154 1518 1602 1691 1785 1888 8.76 3363 Police Sgt Mot Cy 157 1643 1743 1831 1932 2044 9.48 1360 Police Lieutenant 159 1776 1874 1979 2089 2209 10.25 0330 Police Captain 165 2077 2192 2315 2444 2585 11.98 6370 Communication Oper. 139 1232 1298 1371 1448 1530 7.11 6371 Comm. Oper. Sr. 141 1294 1363 1440 1520 1607 7.47 4325 Detention Officer 143 1050 1106 1164 1229 1295 6.06 4326 Detention Off Sr. 146 1136 1197 1261 1329 1404 6.55 4329 Supvy Det Officer 149 1306 1377 1450 1528 1615 7.53 ATTACHMENT: B CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT POLICE OFFICERS ASSOCIATION SALARY SCHEDULE Effective March 17, 1979 "A" Step Job No. Title Range A B C D E Hrly. Rate 4334 Police Recruit 188 1193 4332 Police Officer 262 1401 1477 1558 1643 1733 8.08 4336 Police Off Mot Cy 279 1517 1600 1688 1782 1881 8.75 4330 Identification Tech 284 1557 1641 1732 1827 1927 8.98 3360 Police Sergeant 294 1640 1730 1825 1926 2031 9.46 3363 Police Sgt Mot Cy 311 1782 1881 1985 2094 2208 10.29 1360 Police Lieutenant 325 1912 2018 2129 2246 2369 11.03 0330 Police Captain 357 2245 2368 2498 2635 2780 12.95 6370 Communication Oper. 139 1318 1389 1467 1549 1637 7.60 6371 Comm. Oper. Sr. 141 1384 1458 1540 1626 1719 7.98 4325 Detention Officer 218 1123 1186 1251 1321 1394 6.48 4326 Detention Off Sr. 234 1213 1281 1352 1427 1505 7.00 4329 Supvy Det Officer 262 1401 1477 1558 1643 1733 8.08 ATTACHMENT: C CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT POLICE OFFICERS ASSOCIATION SALARY SCHEDULE Effective October 6, 1979 "A" Step Job No. Title Range A B C D E Hrly. Rate 4334 Police Recruit 202 1283 4332 Police Officer 276 1498 1579 1666 1758 1855 8.64 4336 Police Off Mot Cy 293 1629 1719 1815 1915 2021 9.40 4330 Identification Tech 298 1674 1766 1863 1966 2073 9.66 3360 Police Sergeant 308 1758 1855 1957 2064 2177 10.14 3363 Police Sgt Mot Cy 325 1912 2018 2129 2246 2369 11.03 1360 Police Lieutenant 339 2051 2163 2283 2408 2539 11.83 0330 Police Captain 371 2404 2536 2675 2822 2978 13.87 *6370 Communication Oper. 139 1318 1389 1467 1549 1637 7.60 *6371 Comm. Oper. Sr. 141 1384 1458 1540 1626 1719 7.98 4325 Detention Officer 232 1205 1271 1340 1413 1491 6.95 4326 Detention Off Sr. 248 1302 1373 1449 1529 1612 7.51 4329 Supvy Det Officer 276 1498 1579 1666 1758 1855 8.64 * Contingent to rates in effect for Fire Controller Res. No. 4738 STATE OF CALIFORNIA ) COUNTY OF ORANGE } as: 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 April , 19 79 by the following vote: AYES: Councilmen: Yoder, MacAllister, Bailey, Mandic, Pattinson NOES: Councilmen: Thomas ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California