Loading...
HomeMy WebLinkAboutCity Council - 5047 RESOLUTION NO. 5047 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 October10,, 1981, 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 a journed at a regular meeting thereof on the 26th day of October, 1981. r G • • Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney APPROVED AS TO CONTENT: W �t Chief of Polic City Administrator 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 10, 1981 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 10, 1981, 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 10, 1981, 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. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. 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. C. The Senior Officer Program is applicable to all Officers as outlined in Exhibit "B". 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 ov rtime pay. Stand by hours, court appearance hours, scheduled vacation and scheduled compensatory time off shall be considered as hours worked for time and one-half overtime calculation purposes. Only sick leave hours shall be excluded from hours worked for purposes of determining hours worked to be eligible for time and one-half overtime. 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 pay (including the differentials identified in Article IV) and credit under paragraph A above for each morning and afternoon court session. 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. 3 ARTICLE VI INSURANCE A. The City shall continue to provide group medical benefits to all employees in the unit comparable to those presently in effect for sworn personnel, as modified in Exhibit "C". B. Upon the completion of one year of service, employees shall have their group medical benefits 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 as modified in Exhibit "C". E. City will provide $10,000.00 of term life insurance without evidence of insurability other than evidence of working a full time duty an additional $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 4 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 is 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 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 In ter 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. 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. 5 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: (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. 6 (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 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. If during the term of this Agreement the Chief of Police determines that an abuse of sick leave exists by employees in the Communication Operator classification, the short term sick leave plan formerly in effect ,for said employees, under plan Memorandum of Understanding (Resolution 4925, Article XI, C) shall be reinstituted upon written direction of the Chief of Police. 7 ARTICLE XH 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. ARTICLE XVI NURSE EMPLOYEES CERTIFICATION The City shall allow licensed nurse employees time off with pay to attend required courses necessary to maintain certification requirements. 8 ARTICLE XVII FOREIGN LANGUAGE STUDY A joint study will be conducted as to a foreign language proficiency program. Said study will be based upon prevailing practice in other jurisdictions in Orange County. Agreed upon recommendations will be submitted to the City Administrator for implementation within 90 calendar days after adoption of this Agreement by the City Council. The study will determine the following: A) Those languages to be included in the program. B) Method of determining proficiency. C) Number of eligible employees. D) Said study and salary differential will be based on prevailing practice in Orange County. ARTICLE XVIII 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 XIX 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 XX MEAL ALLOWANCE The policy for meal allowance shall be as outlined in Exhibit "D". ARTICLE XXI 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 9 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 XXII TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on October 10,1981, and ending at midnight on October 9, 1983 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 9, 1983, 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. 10 ARTICLE XXIII 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 26th day of October, 1981. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE d OFFICERS ASSOCIATION Y k Li- City AdministratorU" By - B6_'1l -'Chief of Police Bye APPROVEEW"r 1L d B ' J. Nicholas Counter III f;+r Labor Relations Counsel APPROVED AS TO FORM: Xd"-1,y)4L� Gail Hutton City Attorney I 11 EXHIBIT "B" CITY OF HUNTINGTON BEACH SENIOR OFFICER PROGRAM Senior Police Officer is to be an official classification carrying a salary range of 6 percent above that of top step Police Officer, including Police Officers assigned to motorcycle duty. The criteria for achieving the Senior Police Officer classification is as follows: A. Five years continuous service with the Huntington Beach Police Department and, B. Three years continuous service at E Step Police Officer and, C. Possession of Advanced Post Certificate and, D. Step 4 or 5 in Educational Incentive Program and, E. Satisfactory performance evaluations as Police Officer. The number of Senior Officers shall be maintained at 35 percent of the total number of Police Officers within the Police Department. Once having met the qualifications for Senior Officer, selections will be made solely on the basis of seniority within the Huntington Beach Police Department. 11 Exhibit A CITY OF HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION SALARY SCHEDULE Effective October 10, 1981 Job No. Title Range A B C D E 4334 Police Recruit 230 1477 4332 Police Officer 304 1723 1818 1919 2025 2135 4333 Police Off Senior 316 1825 1926 2031 2142 2260 4338 Pol Off Chf Pilot 328 1941 2049 2161 2281 2406 4336 Police Off Mot Cy 321 1874 D76 2085 2200 2321 4330 Identification Tech 326 1922 2028 2 L 3) r> 7 '2382 4335 Police Off Mot Sr 328 1941 2049 2161 2281 2406 3360 Police Sergeant 338 2040 2153 2271 2395 2527 3363 Police Sgt Mot Cy 354 2212 2333 2461 2597 2739 1360 Police Lieutenant 371 2404 2536 2675 2822 2978 0330 Police Captain 399 2765 2917 3078 3248 3427 3324 Genrl Sery Offic 323 1893 19.97 2106 2222 2345 6370 Communication Oper. 273 1477 1558 1643 1733 1829 6371 Comm. Oper. Sr. 290 1605 1693 1778 1887 1990 4325 Detention Officer 271 1463 1543 1628 1718 1811 4324 Denten Off Nurse 280 1525 1609 1697 1791 1889 4326 Detention Off Sr. 288 1591 1678 1770 1867 1969 4329 Supvy Det Officer 316 1825 1926 2031 2142 2260 12610/00028(1) Exhibit A CITY OF HUNTINGTON BEACH' POLICE OFFICERS ASSOCIATION SALARY SCHEDULE Effective October 9, 1982 Job No. Title Range A B C D E 4334 Police Recruit 248 1612 4332 Police Officer 321 1874 1976 2085 2200 2321 4333 Police Off Senior 333 1992 2101 2217 2338 2467 4338 Pol off Chf Pilot 346 2122 2238 2361 2491 2628 4336 Police Off Mot Cy 339 2051 2163 2283 2408 2539 4330 Identification Tech 344 2099 2215 2337 2465 2600 4335 Police Off Mot Sr 346 2122 2238 2361 2491 2628 3360 Police Sergeant 355 2222 2345 2473 2609 2753 3363 Police Sgt Mot Cy 372 2416 2550 2690 2837 2993 1360 Police Lieutenant 388 2617 2761 2914 3073 3243 0330 Police Captain 417 3025 3191 3366 3552 3747 3324 Genrl Sery Offic 341 2070 .2184 2304 2430 2564 6370 Communication Oper.* 283 1546 1631 1721 1817 1917 6371 Comm. Oper. Sr. 299 1683 1775 1872 1974 2083 4325 Detention Officer 289 1598 1687 1778 1875 1979 4324 Denten Off Nurse 297 1664 1756 1853 1955 2063. 4326 Detention Off Sr. 305 1732 1827 1927 2033 2146 4329 Supvy Det Officer 333 1992 2101 2217 2338 2467 * Communications Operator - A determination to be made by' survey in comparable jurisdictions and classifications to determine if this classification shall receive any increase beyond what is proposed above, effective October 9, 1982. 1261D/0002B(2) EXHIBIT "C" CITY OF HUNTINGTON BEACH MEDICAL PLAN FOR POLICE OFFICERS ASSOCIATION EFFECTIVE: NOVEMBER 1, 1981 1. Relative value schedule improvement (RVS) Effective November 1, 1981 Present 1964 RVS at $8 per unit increased to 1974 RVS at $65 per unit ($65 on 1974 RVS = $9.70 on 1964 RVS) 2. Increase lifetime maximum to $1,000,000. Effective November 1, 1981 3. Mental and nervous benefits Effective November 1, 1981 A. Modify in-house coverage from 100 percent to 50 percent, delete out-patient coverage of $10 per visit, and add California Psychological Health Plan. 4. Delete preventative dental benefit from FHP Effective January 1, 1982 program, as equal or better coverage is available through various dental plans. 5. Increase dental benefits to 75% of Effective: as soon as insurance Usual and Customary fees. Also increase company notified of associations Orthodontic coverage to a maximum of agreement. $1,500 = City pick up added premium of $1.50 per person per month. 12 EXHIBIT "D" CITY OF HUNTINGTON BEACH POLICE DEPARTMENT I. MEALS When personnel incur meal expenses, under the following circumstances, they may be reimbursed according to the following schedule: I. $25.00 per 24 hour period or pro-rated as follows: a. Breakfast $ 5.00 b. Lunch 6.00 C. Dinner 14.00 if. REIMBURSEMENT Reimbursement may be allowed when: A. Personnel are on work assignments, attending seminars, meetings or training sessions which extend beyond their normal work hours or require lodging. Meetings which include a meal may be reimbursed at the actual cost of the meeting or meal, whichever:is greater. B. Personnel are unexpectedly delayed or assigned at a location away from the City when the time extends beyond their normal meal period. C. When on assignment in excess of a 25 mile radius beyond their normal work station. D. Expenses other than those listed in A, B, or C (above) may be considered for reimbursement at the discretion of the Division Commander. 14 ADDENDUM TO POLICE ASSOCIATION MEMORANDUM OF UNDERSTANDING RESOLUTION NO. 5047 Bilingual Pay This addendum is pursuant to Article XVII of the agreement which requires a study regarding foreign language pay. A. Qualified employees who meet the criteria and pass the required test will be paid a monthly pay differential of fifty dollars ($50.00) for the first level. The first level will cover the more routine foreign language requirements involving speaking the language to fill out traffic reports, crime reports, interviewing suspects and witnesses and responding to the public on matters relating to an incident or other police action. B. Employees who pass the State of California Cooperative Personnel Services examination for Trial Court Interpreters will be paid a monthly differential of one hundred dollars ($100.00). This requires proficiency in written, reading and oral skills particularly for court proceedings. C. The languages included will be Spanish, Vietnamese and sign language. D. The following guidelines will apply: I. The test may be taken only once a year. 2. The employee will assume the cost of taking the Trial Court Interpreters examination if the employee fails to pass the examination. 3. In order to be allowed to take the test, an employee must need to use the language in the City to support police operations. 4. The employee must be proficient in the use of the English language. 5. The Police Chief will limit the number of employees in each Category, based on Police Department needs. Ao-1 eKeec,-t?,( � 6. Retesting may be done on an annual basis. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION -1S Az- y ' By �`* - City dm' strator �� By By Chief of Police By By APPROVED AS TO FORM By L By Gail Hutton, City Attorn%v. 0586G/704B No. 5047 Res. N . STATE OF CALIFORNIA ) COUNTY OF ORANGE 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 adjourned meeting thereof held on the 26th day of October , 19 81 by the following voter AYES: Councilmen: MacAllister, Pattinson, Finley, Bailey, 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