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HomeMy WebLinkAboutCity Council - 5858 RESOLUTION NO. 5858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION AND THE CITY OF HUNTINGTON BEACH 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 $8 , 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 4th day of April 1988. s Mayor ATTEST: APPROVED AS TO FORM: City Clerk Cit ttorney n APPR V D AS TO CONTENT APPROVED: y y Administydtor City Administrator Chief oT Police 0573J 5858 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 and PERS Pickup 1 Article 4 Basic Benefits 2 Article 5 Insurance 3 Article 6 Auto Allowance 3 Article 7 Income Protection Plan 3 Article 8 Vacations 4 Article 9 Ten Plan 4 Article 10 Holidays 5 Article 11 Overtime/Time Off 5 Article 12 Management Rights 6 Article 13 Term of Memorandum of Understanding 6 Article 14 City Council Approval 7 Exhibit A - Salary Schedule 5858 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein 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, 1988 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 of Police Captain and Police Lieutenant, 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 ranges 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 Memorandum of Understanding. B. 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 and special pay 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. 5858 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 Director of Finance. Such modified reporting shall not be retroactive and shall be for a maximum of twenty-four 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 twenty-four month period prior to his/her service retirement date upon written request to the Director of Finance. Such modified reporting shall not be retroactive and shall be for a maximum of twenty-four months. E. During the terms of this agreement the differential between the salary ranges of Police Captain and Police Lieutenant shall be no less than 32 ranges. F. During the term of this agreement, the differential between the salary range of Police Lieutenant and the salary range plus holiday compensation of the Police Sergeant shall be no less than 37 ranges. ARTICLE IV BASIC BENEFITS The City and the Police Management Association acknowledge that most of the basic benefits currently provided for employees represented by the Police Management Association were implemented during the time these employees were represented by the Police Officers' Association. The City and the Police Management Association desire to maintain these basic benefits at their current levels for employees represented by the Police Management Association and to provide to these employees with any changes to such basic benefits that result from the meet and confer process between the City and the Police Officers' Association. The following benefits for employees represented by the Police Management Association, therefore, shall, except as provided in other articles of this Memorandum of Understanding, be identical to those benefits provided for employees represented by the Police Officers' Association. In the event any provisions of such benefits are modified as result of the meet and confer process with the Police Officers' Association, such modifications shall automatically modify the benefits provided for employees represented by the Police Management Association except that either party hereto may void such automatic modification by providing notice to the other party within thirty (30) days of the conclusion of the meet and confer process with the Police Officers' Association. Such notice shall serve to require the City and Police Management Association to meet and confer on the modification prior to its extension to apply to the Police Management Association. Benefits covered by this article: 1. Retirement benefits under the City's contract with PERS. -2- 5858 0573J 2. Group medical benefits under the City's self funded indemnity plan and HMO plans. This shall include all provisions such as city payment of premiums, coverage of dependents, retiree coverage, deductibles, etc. 3. Dental Plan 4. Educational Incentive Plan 5. Vacation benefits 6. Sick leave benefits 7. Family illness leave 8. Bereavement leave 9. Uniform Allowance 10. Meal allowance, per diem, mileage allowance 11. Vision Care Plan ARTICLE V LIFE INSURANCE 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. ARTICLE VI AUTO ALLOWANCE The provisions of Administrative Regulation 407: Auto Allowance, shall apply to employees represented by the Police Management Association. Any modifications to Administrative Regulation 407, either by the City or through implementation of an MOU with the MEO, shall automatically modify the auto allowance benefit provided for employees represented by the Police Management Association. Auto allowance for employees represented by the Police Management Association shall be no less than $275 per month during the term of this agreement. ARTICLE VI 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 (60) 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 5858 0573J 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 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 monthly of $4,000 monthly To Age 65 66-2/3% up to maximum None benefit of $4,000 monthly 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 VIII VACATIONS A. 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. B. Terminal Vacation Pay: An employee shall be paid for unused vacation upon termination of employment at which time such uc 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. ARTICLE IX 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. -4- 5858 0573J B. Effective January 1, 1984, all employees are entitled to work four (4) days per week, ten (10) hours each day, meal times to be included during the ten hour shift. ARTICLE X HOLIDAYS All unit employees shall have the following legal holidays with pay: 1. New Year's Day (January 1) 2. Martin Luther King Day (third Monday in January) 3. Washington's Birthday (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Day (December 25) 11. Any day declared by the President of the United States to be a national holiday, or the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach. Compensation for legal holidays shall be provided as follows: 1. If a day the city observes as a legal holiday designated above falls on an employee's regular work day, the employee will receive the day off; 2. If a day the city observes as a legal holiday designated above falls on an employee's regular day off, the employee will be compensated with eight (8) hours of compensatory time; 3. Employees who are required to work on a day the City observes as a legal holiday designated above shall be compensated in accordance with Article IX; 4. The City observes legal holidays which fall on Sunday on the following Monday, and those falling on Saturday on the preceding Friday. ARTICLE XI OVERTIME/TIME OFF Employees represented herein shall not be eligible for overtime compensation except in the following instances. A. When such employees are required to fill a full, or partial, work shift that is not part of the employee's regular work schedule. Partial work shift shall mean five (5) hours or more of a work shift. In such an instance, the employee may be compensated at the rate of 1 1/2 hours for each hour worked in the form of pay or compensatory time off. B. Time off for such employees, to compensate for other overtime hours worked, may be granted by the department head. It is understood by both parties of this _5_ 5858 0573J Agreement that police captains and lieutenants will be entitled to the City policy of granting three days' administrative time off per year to compensate the captains and lieutenants for their previous (when authorized) time and one-half overtime benefit. ARTICLE XII 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 XIII TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on January 1, 1988, and ending at midnight on December 31, 1990. 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 unit modification procedures, and any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. -6- 5858 0573J ARTICLE XIV 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 day of / 1988. HUNTINGTON BEACH POLICE CITY OF HUNTINGTON BEACH MANAGEMENT ASSOCIATION y s for pu y Odminis ra or Chief of Police APPROVED AS TO FORM: City Attorney -7- 5858 0573J EXHIBIT "An POLICE MANAGEMENT ASSOCIATION SALARY SCHEDULE Effective January 1, 1988 Classification Range Steps A B C D E Police Captain 494 $ 4,441 4,685 4,943 5,216 5,502 Police Lieutenant 462 $ 3,782 3,990 4,210 4,443 4,687 5858 Res. No. 5858 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH- ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 4th day of April , 19 88 by the following vote: AYES: Councilmen: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of. the City of Huntington Beach, California 5858