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HomeMy WebLinkAboutCity Council - 4925 RESOLUTION NO. 4925 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION The City Council of the City of Huntington Beach hereby resolves as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers Association, dated October 1, 1980, 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, and the City Administrator is authorized to execute this Agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof on the 6th day of October, 1980. Mayor ATTEST: APPROVED AS TO FORM: C f City ClerkCity Attorney /,► --- APPROVED AS TO CONTENT: Director of Personnel nd City Administivor Labor Relations 1 MEMORANDUM OF UNDERSTANDING 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; NOW THEREFORE, this Memorandum of Understanding is made, to become effective October 1, 1980 and it is agreed 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 classification titles as outlined in Exhibit A attached hereto and incorporated herein. ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms and conditions of employment which have been established in prior Agreements between City and the Association. ARTICLE III SALARY SCHEDULES AND PERS PICKUP A. Effective October 11, 1980, employees shall be compensated at monthly salary rates by classification title and salary range during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein. 2 B. Effective October 11, 1980, each employee covered by this Agreement shall be reimbursed an amount equal to 7% of the employee's base plus education incentive pay as pickup of employee's part of their PERS contribution. Safety employees will continue to pay 2% PERS plus 9% of the 7% portion being reimbursed to them. Non-safety employees who are not in the safety retirement plan will pay 7% of the 7% being reimbursed to them. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. For retirement purposes, the above pickup shall be considered as compensation and the appropriate PERS deduction shall be made from the above pickup in name of the individual employee. ARTICLE IV SALARY DIFFERENTIALS A. Employees assigned to duty as helicopter flight personnel shall receive $370.00 per month in addition to their applicable salary. B. 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) 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. 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: 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 r 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 Education Incentive Plan shall be continued for sworn personnel as follows: 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 II 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 5 Stipulations 1. 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. 2. 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. 3. Training points approved by POST may be substituted for college units, on the following schedule: 10 of 30, 20 of 60; 30 of 90. 4. Pay to be effective first month following approval. 5. After 120 units of B.A. POST approved training points may be substituted for college units without limit. 6. Repeat college courses credited as determined by the college. 7. Repeat POST approved seminars, institutes, etc. credited as determined by the Chief of Police. 8. All college units require grade of "C" or better to qualify. 9. Obtaining transcripts or other acceptable documentation is employee responsibility. 10. 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. ARTICLE X 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: 6 (a) For the first four (4) years of continuous service vacation time will be accrued at the rate of 112 hours per year. (b) After four (4) years of continuous service vacation time will be accrued at the rate of 136 hours per year. (c) After nine (9) years of continuous service to the completion of fourteen years of continuous service vacation time will be accrued at the rate of 160 hours per year. (d) After fourteen (14) years of continuous service vacation time will be accrued at the rate of 192 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. Pay in Lieu of Vacation: An employee may elect to take up to 80 hours of pay for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the current year. ARTICLE XI 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. 7 B. All. non-sworn personnel whose classifications were added to the police unit, shall have existing sick leave frozen as of June 30, 19769 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. ARTICLE XII 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 XIII 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 XIV 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 XV UNIFORMS Effective October 1, 1980, the City shall continue the uniform allowance in lieu of the City providing uniforms for employees represented by the Association. Such allowance shall be $500 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. 8 ARTICLE XVI 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 (72) 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. ARTICLE XVII ASSOCIATION BUSINESS An allowance of 750 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, 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 UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on October 1,1980, and ending at midnight on October 9,1981 except as expressly 9 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 9, 1981, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. It is understood that the parties are continuing to meet and confer regarding non-monetary matters such as Personnel Rules, the department rules and manual, and any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. ARTICLE XX CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding 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 Understanding this 1st day of October, 1980. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION By 1AU Q at,0,,� By City AdministralWr / By By G /t By Director of Persorfhel and Labor Relations By APPROVED: , By 1 By y J. Nicholas Counter III f Labor Relations Counsel APPROVED AS TO FORM: Gail Hutton ��--- City Attorney 10 Lxhi bit A f CITY OF HUNTINGTON 13EACH PERSONNEL DEPARTMENT POLICE OFFICERS ASSOCIATION SALARY SCHEDULE Effective October 11, 1980 "A" Step Title Range A B C D E Hrly. Rate Police Recruit 212 1352 Police Officer 286 1570 1657 1749 1846 1948 9.06 Pol Off Chf Pilot 301 1699 1792 1891 1995 2104 9.80 Police Off Mot Cy 303 1716 1810 1908 2014 2125 9.90 Identification Tech 308 1758 1855 1957 2064 2177 10.14 Police Sergeant 318 1844 1945 2052 2165 2285 10.64 Police Sgt Mot Cy - 335 2011. 2122 2238 2361 2491 11.60 Police Lieutenant 349 2157 2274 2399 2531 2669 12.44 Police Captain 381 2531 2669 2817 2971 3134 14.60 Communication Oper. 271 1463 1543 1628 1718 1811 8.44 Comm. Oper. Sr. 281 1532 1617 1706 1799 1898 8.84 Detention Officer 253 1336 1409 1487 1569 1655 7.71 Denten Off Nurse 261 1392 1468 1550 1635 1725 8.03 Detention Off Sr. 269 1449 1529 1612 1700 1794 8.36 ° Supvy Det Officer 297 1664 1756 1853 1955 2063 9.60 i 2 1261 D/0002 B( ) Res. No. 4925 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) 1, 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 . 6th day of October , 19 80 by the following voter AYES: Councilmen: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Councilmen: Thomas ABSENT: Councilmen: _None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California