HomeMy WebLinkAboutCity Council - 5641 RESOLUTION NO. 5641
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING A MEMORANDUM OF UNDERSTANDING
WITH THE HUNTINGTON BEACH POLICE MANAGEMENT
ASSOCIATION.
The City Council of the City of Huntington Beach does resolve as
follows:
The Memorandum of Understanding between the City of Huntington Beach
and the Huntington Beach Police Management Association,
dated .7 e7O—8,6 , a copy of which is attached hereto and by
reference made a part hereof, is hereby approved 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 held on the 3rd day
of March 1986.
LLa
Mayor
ATTEST: APPROVED AS TO FORM:
•
J.
az 42�
City Clerk City Attorney 2_-41
APPROVE D,-AS TO CONTENT: APPROVED:
Chief of A3m1 i trative Services Ci y Administrator
'n\
u
Chief of Police
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TABLE OF CONTENTS
TITLE PAGE
Table of Contents i
Preamble 1
Article 1 Representational Unit 1
Article 2 Existing Conditions of Employment 1
Article 3 Salary Schedules & PERS Pickup 1
Article 4 Insurance 2
Article 5 Income Protection Plan 4
Article 6 Retirement 5
Article 7 Police Education Incentive Plan 6
Article 8 Vacations 6
Article 9 Sick Leave 8
Article 10 Family Illness Leave 8
Article 11 Bereavement Leave 8
Article 12 Ten Plan 8
Article 13 Uniforms 8
Article 14 Holidays 9
Article 15 Meal Allowance 9
Article 16 Management Rights 10
Article 17 Term of Memorandum of Understanding 10
Article 18 City Council Approval 10
Exhibit A
Salary Schedule
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MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(hereinafter called CITY)
and
THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION
PREAMBLE
WHEREAS the designated representatives of the City of Huntington Beach and
the Huntington Beach Police Management 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 January 1, 1986 and it is agreed as follows:
ARTICLE I
REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Police Management Association
is the employee organization which has the right to meet and confer in good
faith with the City on behalf of represented 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 for the classification represented by the
Huntington Beach Police Management Association
ARTICLE III
SALARY SCHEDULES AND PERS PICKUP
A. 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 unless expressly
provided for in other articles of this agreement.
B. Effective January 1, 1986, each employee covered by this Agreement
shall be reimbursed once every two weeks in an amount equal to 9% of the
employee's base salary as a pickup of the employee's contribution, or portion
of such contribution, to the Public Employees' Retirement System. The above
PERS pickup is not base salary but is done pursuant to Section 414(h) (2) of
the Internal Revenue Code.
C. Each employee, eligible for service retirement, may have his/her 9%
PERS pickup reported as compensation for all or any part of the twelve month
period prior to his/her service retirement date upon written request to the
Finance Director. Such modified reporting shall not be retroactive and shall
be for a maximum of twelve months (Government Code Section 20022) .
D. Each employee, eligible for service retirement, may have his/her
optional vehicle allowance reported as compensation for all or any part of the
twelve month period prior to his/her service retirement date upon written
request to the Finance Director. Such modified reporting shall not be
retroactive and shall be for a maximum of twelve months.
E. During the terms of this agreement the differential between the
salary ranges of the .represented classification and those of the next lower
classification in the police department shall be no less than 32 ranges.
ARTICLE IV
INSURANCE
A. The CITY shall continue to provide group medical benefits to all
employees with coverage and other benefits comparable to the group medical
plan currently in effect.
B. The group medical insurance plan shall be modified to pay 100% of the
usual, customary and reasonable charges for out patient pre-admission testing
and out patient surgery.
C. Those elective surgeries listed on Exhibit C only will require a
second opinion from a list of authorized physicians. The CITY shall provide
such list of physicians mutually agreeable to CITY and the ASSOCIATION. It is
understood that should an employee or covered dependent elect a listed
surgical procedure without a second opinion, such employee shall receive no
benefit. The listed surgical procedures shall be considered elective unless
the attending physician certifies that the procedure was performed on an
emergency basis without reasonable time for a second opinion.
D. The CITY will assume full payment for dependent health insurance
effective the first of the month following the month during which the employee
completes one (1) year of full time continuous service with the CITY.
E. The CITY shall pay health insurance premiums to a maximum of $400 a
month for full family coverage for eligible employees. The employee shall pay
for any premium in excess of $400 a month. Those employees electing to be
covered by the HMO option shall continue to have the total monthly premium
paid by the CITY. Conditions of dependent eligibility to remain as stated in
Article VI Section D above.
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F. Medical Plan Changes
1. A hospital pre-admission notification to the claims administrator
will be required prior to hospital admittance for non-emergencies. If the
required notification is not given by the employee, the benefit entitlement
will be subject to a $100 deductible against the charges for hospital costs.
2. The Medical Insurance Plan shall exclude coverage of pre-existing
medical conditions of new employees and dependents, except under the following
conditions:
a. The employee or dependent is free from treatment for the
pre-existing condition for three consecutive months after the effective date
of coverage under the plan.
b. A pre-existing condition of the employee is covered after
an employee completes six months of continuous employment.
C. A pre-existing condition of any dependent who has been
enrolled in the plan is covered after the employee completes twelve months of
continuous service.
3. The Medical Insurance Plan deductible shall be One Hundred and
Twenty-Five Dollars ($125) per person; and the maximum deductible per family
shall be Three Hundred and Seventy-Five Dollars ($375) per family during any
period of benefit entitlement as described in the City's Employee Health Plan.
4. Eligibility for dependent coverage shall be restricted to:
a. Spouses of employees,
b. Their unmarried children to age 19,
C. Unmarried children from age 19 to 23 if dependent on their
parents for at least half their support and living at home or enrolled as a
full time student; and
d. Totally disabled children of any age who were enrolled in
this plan prior to age 23.
G. Upon retirement (whether service or disability connected), each
employee shall be entitled to cause himself and his dependents to participate
fully, at his own cost, in the group medical insurance program maintained by
the CITY with respect to employees represented by the ASSOCIATION at the
CITY's group premium rate.
H. 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
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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 conversation privileges then in existence.
I. Employees shall continue to be covered by dental plan benefits equal
to those currently being provided by the City as modified in Exhibit "B".
J. Each employee under age sixty-five (65) shall be provided with
$40,000 life insurance and $40,000 accidental death and dismemberment
insurance paid for by the CITY. Each employee shall have the option, at his
or her own expense, to purchase an additional amount of life insurance in the
amount of either $10,000 or $20,000 and accidental death and dismemberment
insurance in the amount of $10,000, $20,000, $50,000 or $100,000. Evidence of
insurability is contingent upon total participation in additional amounts.
K. Members of the represented group shall be given the option of
participating in any post-employment medical health program developed by the
City during the term of this MOU. Members who retire from City service during
the term of this MOU shall continue to be given this option for a period not
to exceed 12 months from the termination of this MOU.
ARTICLE V
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 $4,000.00 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 66-2/3% of base pay 66-2/3% of base pay
up to maximum benefit up to maximum benefit
of $4,000.00 monthly of $4,000.00 monthly
To age 65 66-2/3% up to maximum None
benefit of $4,000.00
monthly.
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A. 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 the first two years of disability and thereafter the
inability to engage in any employment or occupation for which he is fitted by
reason of education, training or experience.
B. 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.
C. Survivors benefit continues plan payment for three months beyond
death.
ARTICLE VI
RETIREMENT
A. The City will provide, for all safety 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.
B. In the event a member elects Option #2 (Section 21333) or Option #3
(Section 21334) of the Public Employees' Retirement law, the CITY shall pay
the difference between such elected option and the unmodified allowance which
the member would have received for his or her life alone. This payment shall
be made only to the member, shall be payable by the CITY during the life of
the member, and upon that member's death, the CITY's obligation shall cease.
The method of funding this benefit shall be at the sole discretion of the
CITY. This benefit is vested for employees covered by this agreement.
(Note: The options provide that the allowance is payable to the member until
his or her death, and then either the entire allowance (Option #2) or one-half
of the allowance (Option #3) is paid to the beneficiary for life. )
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ARTICLE VII
POLICE EDUCATION INCENTIVE PLAN
A. The Education Incentive Plan shall be continued for sworn personnel
as follows:
Education Maximum Years of Cont. Educ.
Incentive Post College Training HBPD College Units
Level Cert. Units Units/Pts. Service Reg. 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 0 3 3 250.00
V Adv 150 120+ 30 3 0 250.00
B. 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 VIII
VACATIONS
A. 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.
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B. 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:
1. Employees who have not completed six (6) months continuous service
with the City.
2. Employees who work less than full-time.
3. Employees on leave of absence.
C. 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:
1. For the first through the fourth year of continuous service vacation
time will be accrued at the rate of 112 hours per year.
2. After fifth through ninth year of continuous service vacation time
will be accrued at the rate of 136 hours per year.
3. For the tenth through fourteenth year 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.
4. After fifteenth year and thereafter of continuous service vacation
time will be accrued at the rate of 192 hours per year.
D. 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.
E. Vacation - When Taken: No employee shall be permitted to take a vacation
in excess of actual time earned. Employees covered by this agreement who have
accrued more than 320 hours may not use the additional accrual to advance their
separation date on retirement. 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.
F. Terminal Vacation Pay: An employee shall be paid for unused vacation 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 provided,
however, that there shall be no compensation for unused vacation hours accrued in
excess of 320 hours.
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G. 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.
H. Pay in Lieu of Vacation: An employee may elect to take up to 80 hours per
calender year of pay for accrued vacation in lieu of time off. Such pay may be
reported to PERS as salary. It is the intent of the parties that employees will
take vacation during the current year.
ARTICLE IX
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.
ARTICLE X
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
absence shall be limited to five days per calendar year.
ARTICLE XI
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, stepfather, mother, stepmother, sister, stepsister,
brother, stepbrothers, spouse, children stepchildren, mother-in-law, or
father-in-law of the Employee.
ARTICLE XII
TEN-PLAN
A. 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.
B. Effective January 1, 1984, all employees are entitled to work 4 days per
week 10 hours each day, meal times to be included during the 10 hour shift.
ARTICLE XIII
UNIFORMS
A. 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
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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.
ARTICLE XIV
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 (80) earned for the year. They shall be entitled to an additional
eight hours of pay at their regular rate for any day declared by the President of
the United States to be a national holiday, or any day declared by the Governor of
the State of California to be a state holiday, if such day is adopted by the
City Council of the City of Huntington Beach as a special holiday for City
employees (i.e., day of mourning) .
ARTICLE XV
MEAL ALLOWANCE
A. Per Diem - Employees shall be entitled to per diem under the following
circumstances:
1. 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.
2. Personnel are unexpectedly delayed or assigned at a location away
from the City when the time extends beyond normal meal period.
3. When on assignment in excess of 25 mile radius beyond their normal
work station.
4. Expenses other than those listed in a, b, or c (above) may be
considered for reimbursement (receipt required) at the discretion of the Division
Commander.
5. Receipts are not required providing that the employee's expenses do
not exceed the $35 limit and the expenses are in accordance with the above rules.
B. Per Diem Schedule - $35 per 24 hour period or prorated as follows:
a. Breakfast $6.00
b. Lunch $8.00
c. Dinner $16.00
d. Incidentials $5.00
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C. Mileage Allowance
1. The CITY shall reimburse employees for the use of personal
automobiles at the rate of 26¢ per mile for all mileage reimbursable by POST.
2. All other mileage not reimbursable by POST shall be compensated at
the rate of 23¢ per mile.
ARTICLE XVI
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 XVII
TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect for a term commencing on
January 1, 1986, and ending at midnight on December 31, 1987. 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. 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 XVIII
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this day of h a , 1986.
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE MANAGEMENT
ASSOCIATION
By B
L.
City Administrator ap ain Gr ver L. Payne
B
/ r Captain Mic C. Burkenfield
By0 qtU&�
f lice By �� cC,
Captain Do d L. Jenkins
By �� By.
Chief of Admin' ativ Service Captain Bert T. Ekstrom
APPROVED AS TO FORM:
r
City Attorney
Z�Z
0527X
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EXHIBIT A
Range 455 - Police Captain
STEP
A B C D E
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Res. No. 5641
STATE OF CALIFORNIA )
COUNTY OF ORME ) so:
CI7Y OF XWIN9TOK BLACE )
I, ALICIA N. WXYTMORTU, the duly elected, qualified City
Clerk of the City of Huntington faaeh, and am-otficto 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 3rd day
of March , 19, 6 by the following vote:
AYES: Councilmen:
Kelly, MacAllis_ster, _Finley, M�andic, Bailey, Green,
NOES: Councilmen
None
ABSENT: Councilmen:
Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California