HomeMy WebLinkAboutCity Council - 6282 RESOLUTION NO. 6282
A RESOLUTION OF THE. CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH POLICE OFFICERS` ASSOCIATION
AND THE CITY OF HUNTINGTON BEACH FOR 1990 - 1993
The City Council of the City of Huntington Beach does hereby resolve as
follows:
The Memorandum of Understanding between the City of Huntington Beach and
the Huntington Beach Police Officers' Association, effective /l�
1991 through �7-342- 16?3 a copy of which is attached hereto and by
reference made a part thereof, and the City Administrator is authorized to
execute this agreement. Such Memorandum of Understanding shall be effective
for the term October 1 . 1990 , to _ September 30. 19 3— .
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 20th da 1991 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Ci ty Attorney
INITI k4l) APPRO D: REVIEWED AND APPROVED:
f
Deputy City Administ ` tor City Administrator
Chief of olice
HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page
Preamble 1
ARTICLE I TERM OF MOU 1
ARTICLE II REPRESENTATIONAL UNIT/CLASSIFICATIONS 2
ARTICLE III MANAGEMENT RIGHTS 3
ARTICLE IV EXISTING CONDITIONS OF EMPLOYMENT 4
ARTICLE V SEVERABILITY 4
ARTICLE VI SALARY SCHEDULE AND PERS PICKUP 5
ARTICLE VII SPECIAL PAY
A. Educational Incentive Plan 5
B. Flight Pay 7
C. Chief Pilot Pay 7
D. Shift Differential 7
1 . Non-Sworn 7
E. Senior Officer Program 7
F. Motor Pay 8
G. Special Certification/Skill Pay 8
1 . Bilingual Skill 8
2. Nurse Employees Certification 9
H. Holiday Pay 9
I. Field Training Officer Compensation 10
ARTICLE VTII UNIFORMS, CLOTHING AND EQUIPMENT
A. Uniforms 10
B. Equipment/Special Uniform Needs 11
C. Motorcycle Britches 11
ARTICLE IX HOURS OF WORK/OVERTIME
A. Shifts Defined 11
B. Ten Plan 11
C. Overtime 11
I . Compensatory Time 11
2. Work Time 12
3. Court Standby Time 12
4. Holidays Worked 12
5. Court Appearance 12
6. Non-Court Standby Time 12
6282
HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
EM
7. Call Back 12
B. Pay In Lieu of Compensatory Time 13
D. Weekend Military Drills 13
ARTICLE X HEALTH AND OTHER INSURANCE BENEFITS
A. Health 13
1 . Medical 13
2. Dental 13
3. Optical 13
4. Eligibility Criteria and Costs 14
B. Life Insurance 15
C. Income Protection Plan 16
D. Miscellaneous 17
ARTICLE XI RETIREMENT
A. Benefits 17
1 . CHP Retirement Plan 17
2. Self-Funded Supplemental Retirement Benefit 17
3. PERS Pickup 18
4. Medical Insurance for Retirees 18
ARTICLE XII LEAVE BENEFITS
A. Vacation 19
1 . Anniversary Date 19
2. Annual Vacation 19
3. Vacation Allowance 19
4. Eligibility and Permission 20
5. Vacation - When Taken 20
6. Terminal Vacation Pay 20
7. Receipt of Vacation Pay 20
8. Conversion to Cash 21
B. Holidays 21
C. Sick Leave 21
D. Bereavement Leave 22
E. Association Business 22
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HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Pa4e
ARTICLE XIII CITY RULES 22
ARTICLE XIV MISCELLANEOUS
A. Meal Allowance 22
1 . Per Diem 22
2. Pier Diem Schedule 23
B. Mileage Allowance 23
ARTICLE XV CITY COUNCIL APPROVAL 24
EXHIBITS:
A Salary Schedule 9/30/90 through 10/04/92
B Association Bank Time Guidelines
C Retiree Subsidy Medical Plan
D Employee Health Plan
E Delta—Care PMI Plan
F Delta Dental Group Plan
G Vision Care Plan
H Personnel Rule Changes
6282
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(hereinafter called CITY)
and
THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
(hereinafter called ASSOCIATION or POO
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 . 1990 _ and it is agreed as follows:
ARTICLE I - TERM OF MOU
This Memorandum of Understanding shall be in effect for a term commencing on
October 1 , 1990, and ending at midnight on September 30, 1993 except as
expressly provided herein, no further improvements or changes in the salaries
and monetary benefits and other terms and conditions of employment 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 and other terms and
conditions of employment for the employees represented in the unit which would
take effect prior to September 30, 1993, and the City of Huntington Beach or
the Association shall not be required to meet and confer as to any such
request.
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ARTICLE II - REPRESENTATIONAL UNIT/CLASS
A. It is recognized that the Huntington Beach Police Officers' Association
is the employee organization which 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.
B. The CITY and the ASSOCIATION have agreed to a procedure whereby the
CITY, by and through the Personnel Director, would be entitled to
propose a Unit Modification. The ASSOCIATION and the CITY agree to
Jointly recommend a modification of the City of Huntington Beach
Employer-Employee Relations Resolution E#33353 upon the CITY' s having
completed its obligation to meet and confer on the issue with all other
bargaining units. The CITY hereby agrees not to propose a unit
modification of the existing POLICE ASSOCIATION unit and that the
existing POA unit is the appropriate unit to represent the
classifications listed in Exhibit "A".
The proposed change to the Employer-Employee Relations Resolution is as
follows:
i . 7.3 Personnel Director Motion of Unit Modification - The Personnel
Director may propose, during the same period for filing a Petition
for Decertification, that an established unit be modified in
accordance with the following procedure:
a. The Personnel Director shall give written notice of the proposed
unit modification to all employee organizations that may be
affected by the proposed change. Said written notification shall
contain the Personnel Director' s rationale for the proposed
change including all information which justifies the change
pursuant to the criteria established in Section 6-5 for
Appropriateness of Units. Additionally, the Personnel Director
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shall provide all affected employee organizations with all
correspondence, memoranda, and other documents which relate to
any input regarding the unit modification which may have been
received by the CITY or from affected employees and/or sent by
the CITY to affected employees;
b. Following receipt of the Personnel Director' s proposal for unit
modification, any affected employee organization shall be
afforded not less than thirty (30) days to receive input from its
members regarding the proposed change and .to formulate a written
and/or oral response to the motion for unit modification to the
Personnel Commission;
c. The Personnel Commission shall conduct a noticed Public Hearing
regarding the motion for unit modification at which time all
affected employee organizations and other interested parties
shall be heard. The Personnel Commission shall make a
determination regarding the proposed unit modification which
determination may include a granting of the motion, a denying of
the motion, or other appropriate orders relating to the
appropriate creation of bargaining units. Following the
Personnel Commission's determination as to the composition of the
appropriate units, it shall give written notice of such
determination to all affected employee organizations.
d. Any party who chooses to appeal the decision of the Personnel
Commission is entitled to appeal in accordance with the provision
of Section 14-4 of Resolution #3335.
ARTICLE III - 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
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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 IV - EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing terms, conditions of employment which
have been established in prior Agreements between CITY and ASSOCIATION.
ARTICLE V - SEVERASILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or
any additions or amendments thereof, or the application thereof to any person,
is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this resolution or its application to
other persons. The City Council hereby declares that it would have adopted
this MOU and each section, subsection, sentence, clause, phrase or portion,
and any additions or amendments thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses, phrases or portions, or the
application thereof to any person, be declared invalid or unconstitutional .
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ARTICLE VI - SALARY SCHEDULE 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.
B. Each non-sworn employee covered by this Agreement shall be reimbursed
an amount equal to 7% of the 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.
C. Each sworn employee covered by this agreement shall be reimbursed an
amount equal to 9% of the employees 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 VII -- SPECIAL PAY
A. Police Education Incentive Plan
1 . The Education Incentive Plan shall be continued for sworn personnel
as follows:
Cont.
Eductn
Years College
Education Maximum of Units
Incentive POST. College Training HBPD Required Monthly
Level Cert. Units units Pts Service Annually_ Amount
I Inter 30 20+ 10 1 6 100.00
II Inter 60 40+ 20 1 3 150.00
III Adv 90 60+ 30 2 3 200.00
IV Adv 120 0 3 3 300.00
V Adv 150 120+ 30 3 0 300.00
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2. Stipulations:
a. College major shall be Police Science, Criminology, Political
Science, Sociology, Law, Business Administration, Public
Administration, Psychology or closely similar field as approved
by the Chief of Police and Education Committee.
b. Initial eligibility must be approved by Chief of Police. An
acceptable yearly performance evaluation, signed by the Chief of
Police, is required. No incentive taken away without just cause.
c. Training points approved by POST may be substituted for college
units, on the following schedule: 10 of 30, 20 of 60; 30 of 90.
d. Pay to be effective first month following approval .
e. After 120 units of B.A. or POST approved training points may be
substituted for college units without limit.
f. Repeat college courses credited as determined by the college.
g. Repeat POST approved seminars, institutes, etc. , credited as
determined by the Chief of Police.
h. All college units require grade of "C" or better to qualify.
1 . Obtaining transcripts or other acceptable documentation is
employee' s responsibility.
j . 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.
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B. Flight , Pay - Employees assigned to duty as helicopter flight personnel
shall receive $370 per month in addition to their applicable salary,
C. Chief _Pilot Pay - The Police Officer assigned as Chief Pilot shall
receive $520 per month, including flight pay, in addition to his
regular salary.
D. Shift Differential
1 . Non-Sworn - Non sworn members required to work on a regularly
assigned shift that occurs between the hours of 4:00 PM and
2:00 A.M. , or 9:00 P.M. and 7:00 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.
E. en�r_ Officer Program - Senior Police Officer is to be an official
classification carrying a salary range of 6% 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:
1 . Five (5) years continuous service with the Huntington Beach Police
Department, and
2. Three years continuous service at "E" Step Police Officer, and
3. Possession of Advanced POST Certificate, and
4. Step 4 or 5 in Educational Incentive Program, and
5. Satisfactory performance evaluations as Police Officer.
The number of Senior Officers shall be maintained at 35% of the total
number of Police Officers within the Police Department. Once having
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met the qualifications for Senior Officer, selections will be made
solely on the basis of seniority within the Huntington Beach Police
Department.
F. Mgtor Pax
1 . Employees assigned to motorcycle duty shall receive a flat rate of
$300 per month for hazardous duty pay.
2. Employees may drive their motorcycle to and from their residence to
their place of work if such travel does not exceed 200 miles per
week excluding overtime.
3. In consideration of the motor officers receiving the foregoing
compensatory duty pay the ASSOCIATION agrees that any time spent on
maintenance and/or cleaning of motorcycles, as described below,
while off duty and away from their place of employment is not
considered to be time worked for the purpose of salary or overtime
calculations. The Department shall supply necessary materials
needed to perform the following duties:
a. Keeping the assigned motorcycle cleaned and waxed.
b. Keeping the drive chain properly lubricated and adjusted.
c. Performing a daily check of the motorcycle fluid levels and tire
pressure.
d. Scheduling required routine services at specified mileage
intervals with police motorcycle mechanics.
G. Special Certification/Skill Pay
I . Bilingual Skill — Qualified employees who meet the criteria will be
paid a monthly pay differential of 5% of their base pay. The Police
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Chief will have written and oral tests designed and administered to
test for qualifications. The qualifications will cover the more
routine foreign language requirements in filling out crime reports,
interviewing suspects and witnesses, and responding to the public on
matters relating to an incident or other police action.
a. The languages included will be Spanish; Vietnamese and sign
language.
b. Authorization of qualified employees for bilingual compensation
will be based on the following:
1 ) A need for the employee to use the language in the City to
support the implementation of police operations.
2) At the discretion of the Police Chief, he may limit the number
of employees qualified in each category based on department
needs.
c. Successful completion of tests authorized by the Police Chief
will be required to qualify for differential pay for any of the
languages. Retesting may be done on an annual basis.
2. Nurse Employees_ Certification - The CITY shall allow licensed nurse
employees time off with pay to attend required courses necessary to
maintain certification requirements.
H. Holiday Pay - Employees represented by the Association and actively
employed by the City, in addition to regular compensation, shall
receive each month 1112 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
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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) .
I. FTO Compensation - Compensation shall be ten (10) hours of straight
book time or straight time pay for each cumulative 40 hour block of
actual field training for the following:
1 . Police Officers who have successfully completed a POST Certified
Field Training Officer Course and have been designated field
training officers, assigned to Traffic or Patrol Bureaus, shall be
eligible for field training officer compensation.
2. Detention Officers designated to act as training officers.
3. Motor officers designated to act as training officers.
ARTICLE VIII -- UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. Uniforms - The CITY shall continue the Uniform Allowance in lieu of the
CITY providing uniforms for employees represented by the ASSOCIATION.
Such allowance shall be $632 per year,effective October 1 , 1990,
$664 per year effective October 1 , 1991 , and $700 per year effective
October 1 , 1992; 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 issuances of required uniforms and replace uniforms and
equipment damanged in the line of duty including safety equipment
required by state law, City resolution or ordinance or order of the
Chief.
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B. E ui ment/5 ecial Uniform N - Batons,, speed reloaders, SWAT
uniforms and equipment and canine uniforms and equipment shall continue
to be provided by the CITY.
C. Motorcycle Britches - Motorcycle officers shall receive four pairs of
britches at the time of assignment. After initial issue, replacement
britches may be issued on recommendation of the Traffic Bureau
Commander with approval of the Department Head. All replaced britches
must be turned in when replacement britches are received.
ARTICLE IX - HOURS OF WORK/OVERTIME
A. Shifts Defined - Employees will be considered as assigned to the
afternoon shift (4:00 P.M. to 2:00 A.M.) or the night shift (9:00 P.M.
to 7:00 A.M.) when five (5) or more hours of their regularly assigned
shifts occur in the afternoon or night shift as defined herein.
B. Ten Plan
1 . 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.
2. Employees are entitled to work four (4) days per week, ten (10)
hours each day, meal times to be included during the ten (10) hour
shift.
C. Overtime - Employees shall receive time and one half their salary rate
for all time worked in excess of 40 hours during any given payroll week.
I . Compensatory Time - An employee may elect to receive compensatory
book time in lieu of such overtime pay to a maximum of 120 hours.
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2. Work Time - For the purpose of computing the 40 hour week, the
following shall be excluded in determining the eligibility for time
and one half overtime pay:
a. Sick leave.
b. Effective October, 1 , 1992, Sick Leave shall be counted as hours
worked for purposes of this section.
c. Non-Court Standby Time
3. Court Standby Time - Employees required to be on standby for a court
appearance during other than their scheduled working hours shall
receive a minimum of two hours straight time pay (including
differentials in Article VII) for each morning and afternoon court
session.
4. Holidaxs Worked - Effective October 1 , 1992, employees who work on a
recognized City holiday shall be compensated at their premium hourly
rate (time and one-half) for hours worked.
5. Court Appearance Time - Employees required to appear in court during
other than their scheduled working hours shall receive a minimum of
three hours pay at time and one half; provided, however, that 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.
6. Non-Court Standby Time - An employee who is placed on standby status
by his supervisor shall receive four hours straight time pay for
each 24 hour period of standby status.
7. Call Back - Employees who are called back to work will be paid a
minimum of two hours of pay at the rate of time and one half their
regular hourly rate.
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8. Pay In Lieu of Compensatory Time - In the months of December and
April of each year, employees may, at their option, be paid for
their compensatory time. Compensatory time is paid at the
employee' s straight time rate for the actual hours worked; not at
the time and one half rate that compensatory time is earned.
D. Weekend Military Drills - The City shall continue to pay for weekend
military drills for employees hired prior to July 1 , 1988 and currently
belonging to federal military reserve units. All other employees shall
be granted rights in accordance with all applicable state and federal
laws.
ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS
A. He-ad
1 . Medical
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 City will pay medical claims under the Employee Health Plan
within thirty (30) days of the receipt of the claim or provide
written notice to the claimant of the reason for delay.
2. Dental - Employees shall continue to be covered by dental plan
benefits equal to those currently being provided by the CITY as
modified in Exhibit "E" and "F". Effective January 1 , 1992, the
Dental Plan will be modified to include a $25 deductible per person
per year.
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3. Optical - Effective January 1 , 1991 , Optical Plan benefits will
provide for one (1) pair of eyeglasses every twelve (12) months,
subject to the terms and conditions of the current policy.
4. Eligibility Criteria and Cost
a. The CITY shall pay health insurance premium to a maximum of $475
a month for full family coverage for eligible employees effective
March 31 , 1991 . Effective January 1 , 1992, the maximum payment
for health insurance premium shall be $525 per month. If the
maximum premiums for coverage under the City' s Employee Health
Plan, FHP, or HealthNet exceeds $525 on January 1 , 1993, or any
month thereafter during the term of this MOU, the parties agree
to reopen the meet and confer process for the limited purpose of
discussing the CITY' s maximum contribution towards premiums, plan
coverage, and plan cost containment measures.
b. The CITY will assume payment for dependent health insurance,
subject to paragraph 4a above, 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.
c. Medical Plan changes effective_January 1 . 1992:
1 ) Increase maximum out-of-pocket expense (excluding deductible)
from $750 to $1 ,000 per year for active employees and $2,000
per year for families of same.
2) Increase maximum out-of-pocket expense (excluding deductible)
from $1 ,000 to $1 ,500 per year for retirees (subsidized plan) .
3) Eliminate Supplemental Accident benefit (expenses covered same
as any other medical expenses).
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4) Modify In-Patient Hospitalization (current - 100%) and Major
Medical (current = 80%) as follows:
"Plan will pay 90% of covered expenses, after deductible is
met, for Preferred Provider In-patient Hospitalization costs
and Preferred Provider Major Medical expenses and 100% of
covered expenses after the employee has reached the
out-of-pocket expense maximum of $1 ,000 (up to the Plan
maximum) . If a non-Preferred Provider is utilized, the plan
will pay 80% of covered expenses on the same basis."
d. The Medical Insurance Plan deductible shall be One Hundred Fifty
Dollars ($150) per person; and the maximum deductible per family
shall be Four Hundred fifty ($450) during any period of benefit
entitlement as described in the City's Employee Health Plan.
f. The elective surgeries listed in Exhibit "D", Part VIII, 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.
g. Effective January 1 , 1992, chiropractic limits are provided under
major medical to a maximum of 24 treatments or $2,000 per year.
B. Life Insurance - The CITY will provide $10,000 of term life insurance
without evidence of insurability other than evidence of working a full
time duty and an additional $10,000 policy requiring evidence of
insurability, all at the employee' s own cost.
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C. Income Protection Plan
1 . 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 (60)
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) .
Disability Disability
Due to Accident Due to Illness
First Regular Pay Regular Pay
60 Days
Next 24 66 2/31 of Base Pay Same
Months
To Age 65 66 2/3% of Base Pay None
2. Days and months refer to calendar days and months. Benefits under
th Plan are integrated with Workers' 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.
3. 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.
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4. Survivors benefit continues plan payment for three months beyond
death.
D. Miscellaneous - The CITY and the ASSOCIATION agree to establish and
participate in a city-wide joint labor and management insurance
benefits advisory committee to discuss and study issues relating to
insurance benefits available for employees.
ARTICLE XI - RETIREMENT
A. Benefits
1 . CHP Retirement Plan - 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 (50) formula commonly
referred to as the California Highway Patrol Retirement Plan.
2. Self-Funded Supplemental Retirement Benefit - In the event a PERS
member elects Option #2 (Section 21333) of the Public Employee's
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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3. PERS Rollover — Each employee, eligible for service retirement, may
have his/her PERS pickup and vacation accrual reported as
compensation for all or any part of the twelve (12) month period
prior to his/her service retirement date upon written request to the
Finance Director. Such modified reporting shall be limited to a
maximum period of twenty—four (24) months preceding retirement.
Requests for retroactivity, if permitted by PERS, will be decided on
an individual basis and shall require the approval of the Personnel
Director.
4. Medical Insurance for Retirees
a. Upon retirement (whether service or disability) each employee
shall have the following options in regards to medical insurance
under CITY sponsored plans:
1) With no change in benefits, retirees can stay in the CITY's
Employee Health Plan or an HMO plan offered by the CITY at the
retiree's own expense for the maximum time period required by
Federal Law (COBRA), or
2) Employees retiring after approval of this MOU may participate
In the Retiree Medical Plan described in Exhibit C.
3) Sworn personnel who have been placed on industrial disability
retirement subsequent to 3anuary 31 , 1474, 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:
a) The expiration of three calendar years following the date
of the industrial disability retirement, or
b) The retirees obtaining eligibility for coverage under a
comparable medical plan, or
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c) 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.
ARTICLE XII - LEAVE BENEFITS
A. Vacation
1 . 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.
2. 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 permanent employees, whether
full-time or part-time, 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 who are not permanent.
c. Employees on leave of absence.
3. 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 through the fourth year of continuous service
vacation time will be accrued at the rate of 112 hours per year.
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b. After fifth through ninth year of continuous service vacation
time will be accrued at the rate of 136 hours per year.
c. 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.
d. After fifteenth year and thereafter of continuous service,
vacation time will be accrued at the rate of 192 hours per year.
4. Eligibility and __Permission - 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.
5. 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.
6. Terminal Vacation Pax - 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.
7. Receipt of Vacation Pay - Upon two weeks 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.
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B. Conversion to Cash - An employee may elect to take up to 80 hours of
pay per calendar year 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.
B. Holidays - The following are the recognized legal holidays under this
Mau:
1 . New Year's Day (January 1 )
2. Martin Luther King's Birthday
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veterans ' Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. 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 by the Governor of the State of California to
be a state holiday, and adopted. as an employee holiday by the City
Council of Huntington Beach.
Holidays which fall on Sunday shall be observed the following Monday,
and those falling on Saturday shall be observed the preceding Friday.
C. Sick Leave
1 . 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.
2. 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.
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D. Bereavement Leave - Employees shall be entitled to bereavement leave
not to exceed three working days in each instance of death in the
immediate family. Immediate family is defined as father. mother,
sister, brother, spouse or children of the employee.
E. Association Business - An allowance of 800 hours 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 the rules Indicated in Exhibit B.
Up to 200 hours per year of unused hours may be carried over to the
subsequent year.
ARTICLE XIII - CITY RULES
The CITY and the ASSOCIATION agree to implement the rule changes and
accordingly revise the Personnel Rules as described in Exhibit H.
ARTICLE XIV - MISCELLANEOUS
A. Meal Allowance
1 . Per Diem - Employees shall be entitled to per diem under the
following circumstances:
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 .
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b. Personnel are unexpectedly delayed or assigned at a location away
from the City when the time extends beyond normal meal period.
Employees must contact supervisor by phone to obtain
authorization.
c. When on assignment in excess of 25 mile radius beyond their
normal work station.
e. Expenses other than listed in a, b, or c may be considered for
reimbursement (receipt required) at the discretion of the
Division Commander.
f. Receipts are not required providing that the employee's expenses
do not exceed the $45 limit and the expenses are in accordance
with the above rules.
2. Per Diem Schedule - $45 per 24 hour period or prorated as follows;
Breakfast - $10.00, Lunch - $15.00, Dinner - $20.00.
B. Mileage-Allowance
1 . The CITY shall reimburse employees for the use of personal
automobiles at the rate of 260 per mile for all mileage reimbursable
by POST.
2. All other mileage not reimbursable by POST shall be compensated at
the rate of 230 per mile.
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ARTICLE XV - 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 hav executed this Memorandum of
Understanding this day of 1991 .
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH POLICE OFF ERS' ASSOCIATION
BY BY
,Aomi nystrat
By `_._ --` B
De uty City Adm' is for
By By
Chief of Police
r
By By
ief Negotiator
By --
By
APPROVED AS TO FORM:
F
By By
City Attorney 1) � ssociation Representative
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EXHIBIT A
CITY OF HUNTINGTON BEACH
POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE
EFFECTIVE SEPTEMBER 30, 1990
Steps
Job Code Classification Range A B C D E
4334 Police Recruit 337 2030 2141 2259 2383 2515
4332 Police Officer 410 2919 3080 3250 3429 3617
4333 Police Officer Senior 422 3101 3271 3451 3642 3843
3360 Police Sergeant 457 3692 3895 4110 4335 4574
3324 General Services Officer 430 3226 3403 3590 3787 3995
6370 Communications Operator 372 2416 2550 2690 2837 2993
6372 Communications Supervisor 399 2765 2917 3078 3248 3427
4325 Detention Officer 380 2517 .2655 2801 2955 3118
4324 Detention Officer Nurse 388 2617 2761 2914 3073 3243
4326 Detention Officer Senior 396 2725 2874 3032 3198 3375
EFFECTIVE DECEMBER 23, 1990
Job Code Classification ftn e A B C D E
4334 Police Recruit 342 2080 2194 2316 2442 2576
4332 Police Officer 415 2993 3158 3331 3515 3709
4333 Police Officer Senior 427 3781 3356 3539 3734 3938
3360 Police Sergeant 462 3782 3990 4210 4443 4687
3324 General Services Officer 435 3309 3491 3683 3886 4099
6370 Communications Operator 377 2479 2676 2759 2912 3071
6372 Communications Supervisor 404 2836 2992 3156 3330 3513
4325 Detention Officer 385 2581 2723 2872 3030 3196
4324 Detention Officer Nurse 393 2681 2829 2985 3149 3323
4326 Detention Officer Senior 401 2792 2947 3110 3281 3461
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EXHIBIT A
(C o n t i n u e d)
CITY OF HUNTINGTON BEACH
POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE
EFFECTIVE SEPTEMBER 29, 1991
Steps _
Job Code Classification Range A B C D E
4334 Police Recruit 352 2198 2309 2435 2569 2711
4332 Police Officer 425 3149 3323 3505 3697 3900
4333 Police Officer Senior 437 3342 3526 3720 3924 4141
3360 Police Sergeant 472 3980 4198 4429 4673 4930
3324 General Services Officer 445 3477 3668 3869 4082 4307
6370 Communications Operator 387 2605 2749 2900 3059 3227
6372 Communications Supervisor 414 2978 3143 3316 3498 3690
4325 Detention Officer 395 2709 2858 3016 3182 3357
4324 Detention Officer Nurse 403 2822 2978 3141 3314 3496
4326 Detention Officer Senior 411 2935 3096 3266 3446 3635
EFFECTIVE OCTOBER 4, 1992
Job Code Classification Range A B C D E
4334 Police Recruit 364 2321 2449 2584 2727 2887
4332 Police Officer 437 3342 3526 3720 3924 4141
4333 Police Officer Senior 449 3546 3742 3949 4165 4394
3360 Police Sergeant 484 4228 4460 4704 4963 5235
3324 General Services Officer 457 3692 3895 4110 4335 4574
6370 Communications Operator 399 2765 2917 3078 3248 3427
6372 Communications Supervisor 426 3163 3337 3520 3715 3919
4325 Detention Officer 407 2879 3037 3203 3380 3565
4324 Detention Officer Nurse 415 2993 3158 3331 3515 3709
4326 Detention Officer Senior 423 3118 3290 3470 3661 3862
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EXHIBIT B
GUIDELINES. FOR THE USE OF THE ASSOCIATION BANK TIME
A. Any substantiall time used for the Huntington Beach Police Officers'
Association business while the member is using that time, is on a
working status and this time will be deducted from the Association
Bank, as per the Memorandum of Understanding.
B. Any Association member desiring to use Association time, while they are
on duty, shall obtain permission from their immediate supervisor, then
from the President of the Association.
An association member shall , on all but emergency situations, give
adequate advance notice to his supervisor when requesting time off for
association business. If the employee' s absence is less than one hour,
use of association bank time is not required. If the employee is away
from work in excess of one hour, an association book—time slip for all
time away from work is required.
In the event that the President of the Association is not available to
grant permission, the Vice—President will then have the responsibility
to make the appropriate decision.
If the Association member' s immediate supervisor will not grant the
person who is requesting time off for Association business, then the
President shall be immediately notified by the member.
If the business is of such a nature that it must be conducted by that
particular Association member, then the President will take the matter
to the Division level and every effort will be made to resolve the
issue.
C. Any member using Association time, while on duty, will submit an
Association Bank Time Form and an overtime request form to the
President. The member must write on top of the overtime form
"ASSOCIATION BANK TIME OFF" and the payroll exception form will be
signed by the supervisor and the President of the Police Officers'
Association or his representative.
The communique will have the exact time and date that was used for the
Association business, the location where the business was conducted.
l Substantial time, being defined as that time in excess of one hour and where
the Association member is not available for duty until the Association
business is concluded.
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EXHIBIT B
GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME
(C o n t i n u e d)
D. Those Association members that may use the Association bank are:
1 ) President of the Huntington Beach Police Officers' Assn.
2) Board of Directors of the Huntington Beach Police Officers' Assn.
3) Members assigned to committees designated by the President or the
Board of Directors
4) PORAC Representative.
5) Any other Association member designated.
E. All memorandums and overtime requests will be forwarded to payroll and
the copies will be sent to the Secretary of the Association for
accounting purposes.
EXHIBIT C
CITY OF HUNTINGTON BEACH
Retiree Subsidy Medical Plan
An employee who has retired from the City shall be entitled to participate in
the City sponsored medical insurance plans and the City shall contribute toward
monthly premiums for coverage in an amount as specified in accordance with this
Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10)
years of continuous City service or is granted an industrial
disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City the employee is granted a
retirement allowance by the California Public Employees ' Retirement
System.
The City' s obligation to pay the monthly premium as indicated shall
be modified downward or cease during the lifetime of the retiree upon
the occurrence of any one of the following:
1 . During any period the retired employee is eligible to receive
or receives health insurance coverage at the expense of another
employer, the payment will be suspended. "Another employer" as
used herein means private employer or public employer or the
employer of a spouse. As a condition of being eligible to
receive the premium contribution as set forth in this plan, the
City shall have the right to require any retiree to annually
certify that the retiree is not receiving or eligible to
receive any such health insurance benefits from another
employer. If it is later discovered that a misrepresentation
has occurred, the retiree will be responsible for reimbursement
of those amounts inappropriately expended and the retirees'
eligibility to receive further benefits will cease.
2. On the first of the month in which a retiree or dependent
reaches age 65 or on the date the retiree or dependent can
first apply and become eligible, automatically or voluntarily,
for medical coverage under Medicare (whether or not such
application is made) the City' s obligation to pay monthly
premiums may be adjusted downward or eliminated. Benefit
coverage at age 65 under the City's medical plans shall be
governed by applicable plan document.
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3. In the event the Federal Government or State Government
mandates an employer-funded health plan or program for
retirees, or mandates that the City make contributions toward a
health plan (either private or public) for retirees, the City' s
contribution rate as set forth in this plan shall first be
applied to the mandatory plan. If there is any excess, that
excess may be applied toward the City medical plan as
supplemental coverage provided the retired employee pays the
balance necessary for such coverage, if any.
4. In the event of the death of any employee, whether retired or
not, the amount of the retiree medical insurance subsidy
benefit which the deceased employee was receiving at the time
of his/her death would be eligible to .receive if he/she were
retired at the time of death, shall be paid on behalf of the
spouse or family for a period not to exceed twelve (12) months.
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EXHIBIT C
SCHEDULE OF BENEFITS
I. Minimum Eligibility for Benefits - With the exception of an industrial
disability retirement, eligibility for benefits begins after an
employee has completed ten (10) years of continuous service with the
City of Huntington Beach. Said service must be continuous unless prior
service is reinstated at the time of his/her rehire in accordance with
the City' s Personnel Rules.
II . Disability Retirees - Industrial disability retirees with less than ten
(10) years of service shall receive a maximum monthly payment toward
the premium for health insurance of $40 for retirements after 10/l/87,
$80 after 10/l/88. and $121 after 10/1189. Payments shall be in
accordance with the stipulations and conditions which exist for all
retirees. Payment shall not exceed dollar amount which is equal to the
full cost of premium for employee only.
III. All retirees, including those retired as a result of disability whose
number of years of service prior to retirement exceeds ten (10) , shall
be entitled to maximum monthly payment of premiums by the City for each
year of completed City service as follows:
Maximum Monthly Payment
for
Retirements After:
Years of Service 10/l/87 10/1/88 10/1/89 10/01/92
10 $ 40 $ 80 $121 $121
11 44 88 132 136
12 48 97 145 151
13 53 105 158 166
14 57 113 170 181
15 61 122 182 196
16 65 130 195 211
17 69 138 207 226
18 73 146 220 241
19 77 155 232 256
20 81 163 244 271
21 86 171 257 286
22 90 179 269 300
23 94 188 282 315
24 98 196 294 330
25 102 204 306 344
26 106 213 319
27 110 221 331
28 115 229 344
Note: The above payment amounts may be reduced each month as dependent
eligibility ceases due to death, divorce or loss of dependent child
status. However, the amount shall not be reduced if such reduction
would cause insufficient funds needed to pay the full premium for the
employee and the remaining dependents. In the event no reduction
occurs and the remaining benefit premium is not sufficient to pay the
premium amount for the employee and the eligible dependents, said
needed excess premium amount shall be paid by the employee.
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EXHIBIT C
CITY OF HUNTINGTON BEACH
Indemnity Health Plan
Employees and Retirees
January 1 , 1990
City Plan - Employees
Non-Subsidized Retirees City Plan/Subsidized
*Benefits COBRA-Eligibles Retiree Plan
Inpatient Hospital Benefits 100% - After 80% After
Deductible Deductible
Deductible Per Person/Maximum $150 / $450 $200 / $500
Per Family
Maximum Out-of-Pocket $750 $1 ,000
Expenses (Excludes Deductible)
Accident Benefit (Medical) $500/No Deductible None (Covered Same as
Other Expenses)
Prescription Drugs PCs PCs
Deductible Generic/Non-Generic $4 / $6 $4 / $6
Major Medical 80% of UCR After Deductible 80% of UCR After Deductible
* This summary list only those benefits provisions that differ between
active and subsidized Retiree Plans. The Employee Health Plan document
should be consulted for detailed questions about specific benefits.
Benefits are subject to modification through the meet and confer process.
Note. Retirees who elect to participate in HealthNet or Family Health Plan
(FHP) shall be entitled to benefits of the program chosen.
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EXHIBIT C
CITY OF HUNTINGTON BEACH
Indemnity Health Plan
Employees and Retirees
January 1 , 1992
City Plan - Employees
Non-Subsidized Retirees City Plan/Subsidized
*Benefits COBRA-Eligibles Retiree Plan
Inpatient Hospital 90% - (PPO) of UCR
Benefits After Deductible
80% (Nan-PPO) 80% of UCR After
After Deductible After Deductible
Deductible Per Person $150 / $450 $200 / $500
Maximum Per Family
Maximum Out-of-Pocket $1 ,00012,000 $1 ,500/3,000
Expenses (Excludes Deductible)
Per Person/Per Family
Accident Benefit (Medical ) None (Covered Same None (Covered Same as
as Other Expenses) Other Expenses)
Prescription Drugs PCs PCs
Deductible Generic/Non-Generic $5 / $8 $5 / $8
Major Medical 90% (PPO) of UCR 80% of UCR
After Deductible After Deductible
80% (Non-PPO) of UCR
After Deductible
* This summary list only those benefits provisions that differ between
active and subsidized Retiree Plans. The Employee Health Plan document
should be consulted for detailed questions about specific benefits.
Benefits are subject to modification through the meet and confer process.
Note: Retirees who elect to participate in HeaithNet . or Family Health Plan
(FHP) shall be entitled to benefits of the program chosen.
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EXHIBIT C
CITY OF HUNTINGTON BEACH
Miscellaneous Provisions
of the
Retiree Subsidy Medical Plan
EligiW,l,itx:
I . The effective start-up date of the Retiree Subsidy Medical Plan (80%
Plan) for the various employee groups shall be the first of the month
following retirement date.
2. A retiree may change plans, add dependents, etc. , during annual open
enrollment. Personnel shall notify covered retirees of this opportunity
each year.
3. Years of service computed for the Retiree Subsidy Medical Plan are
actual years of completed service with the City of Huntington Beach.
4. When a retiree is eligible for medical plan coverage at the expense of
another employer due to post-retirement employment of the retiree or
spouse of the retiree, the retiree and his/her spouse must take that
coverage regardless of benefit level and shall be deleted from any City
Plan coverage. Exceptions to this requirement are limited to the
following:
a) A retiree is not required to enroll in such "other" medical plan
coverage if there is significant disparity between the benefits
provided by the 'other" medical plan and the Retiree Subsidy Medical
Plan as defined below. "Significant disparity" means coverage
available under the "other" medical plan is restrictive or limited in
one or more of the following ways:
1 . No inpatient hospitalization coverage.
2. No major medical benefits.
3. Annual deductible is $1 ,000 or greater per person.
4. Major medical benefits are paid at 60% or less of covered expenses.
b) The Risk Manager will have the authority to provide additional
exceptions following review of the "other" medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under "B" above.
c) Miscellaneous Provisions:
1 . Benefits provided under the Retiree Subsidy Medical Plan will be
coordinated with the "other" medical plan as the primary carrier,
2. The City shall have the right to require any retiree to provide a
copy of the "other" medical plan policy for review by the Risk
manager.
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5. When a retiree becomes eligible for other group coverage and then
becomes no longer eligible, he/she may have the subsidy reinstated and
regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree Subsidy
Medical Plan or they may choose to exercise COBRA rights along with the
retiree.
7. When a retiree becomes 65 and has eligible dependents under 65, said
dependents are eligible to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse- is over 65, the spouse is
not covered.
Benefits:
1 . Retiree Subsidy Medical Plan includes California Psychological Health
Plan (CPHP) , Prescription Card System (PCS), Orange County Preferred
Provider Organization (OCPPO) and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and over,
with Medicare the secondary payer. Retirees age 65 and over have no
City Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
Subsidies•
1 . The subsidy payments will pay for:
a) Retiree Subsidy Medical Plan
b) HealthNet
c) Family Health Plan (FHP)
d) Part A of Medicare for those retirees not eligible for paid Part A
2. Subsidy payments will not pay for:
a) Part B Medicare
b) Regular City Employee Indemnity Plan
c) Any other employee benefit plan
d) Any other commercially available benefit plan.
e) Medicare supplements
3. Employees who retire on or after the following dates shall be eligible
for the subsidy based on years of completed service with the City:
October 1 . 1987 — MEO, MEA, POA, MSOA, FA, PMA
July 1 . 1988 — Non—Represented
Retirees who retire prior to the above dates are not eligible for any
subsidy benefit.
Medicare:
1 . All persons are eligible for Medicare coverage at age 65. Those with
sufficient credited quarters of Social Security will receive Part A of
Medicare at no cost. Those without sufficient credited quarters are
still eligible for Medicare at age 65, but will have to pay for Part A
of Medicare if the individual elects to take Medicare. In all cases
Part B of Medicare is paid for by the participant.
2. When a retiree and his/her spouse are both age 65 or over, and neither
is eligible for paid Part A of Medicare, the subsidy shall pay for Part
A for each of them or the maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and
his/her spouse is not eligible for paid Part A, the spouse shall not
receive subsidy. When a retiree at age 65 is not eligible for paid Part
A of Medicare and his/her spouse who is also age 65 is eligible for paid
Part A of Medicare, the subsidy shall be for the retiree's Part A only.
Cancellation:
1 . For retirees/dependents eligible for paid Part A of Medicare, the
following cancellation provisions apply:
a) Coverage for a retiree under the Retiree Subsidy Medical Plan will be
eliminated on the first day of the month in which the retiree reaches
age 65. If such retiree was covering dependents under the Plan,
dependents will be eligible for COBRA continuation benefits effective
as of the retiree' s 65th birthday.
b) Dependent coverage will be eliminated upon the whichever of the
following occasions comes first:
1 ) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event such
dependent reaches age 65 prior to the retiree reaching age 65.
c) At age 65 retirees are eligible to make application for Medicare.
Upon being considered "eligible to make application", whether or not
application has been made for Medicare, the Retiree Subsidy Medical
Plan will be eliminated.
2. See provisions under "Benefits", "Subsidies", and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of
non—payment of premium by means of a certified letter from Personnel in
accordance with provisions of the Memorandums of Understanding.
4. A retiree who fails to pay premiums due for coverage and is in arrears
for sixty (64) days shall be terminated from the Plan and shall not have
reinstatement rights.
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EXHIBIT H
PERSONNEL RULE CHANGES
A. Rule 5- 4 - Promotional Examinstigns - Promotional examinations may be
conducted whenever, in the opinion of the Personnel Director, after
consultation with the department head, the need of the service so
requires; provided, however, a promotional examination may not be given
unless there are two (2) or more candidates eligible for each position
to be filled. Only employees who meet the requirements for the vacant
position may compete in promotional examinations. Promotional
examinations may include any of the selection techniques, or any
combination thereof, mentioned in Section 5-13. Additional factors
including, but not limited to, performance rating and length of service
may be considered. A promotional employment list shall be established
after the administration of a promotional examination.
B. Rule 5-20 - Duration of Emgllgymgnt Lists - Employment lists shall
remain in effect for one (1) year from the date of the last
examination, unless sooner exhausted. Closed promotional lists and
entry level employment lists may be extended prior to expiration data
by the Personnel Director when requested by the Department Head, for
additional periods but in no event shall an employment list remain in
effect for more than two (2) years. Names placed on entry level lists
shall be merged with others already on the list in order of scores.
C. Rule 8-3 Layoff In AccQrdance with Length of Service. Determination of
Length of Service. Professional ,_ Scientific and Executive _Classes -
Layoff shall be made in accordance with the relative length of the last
period of continuous service of the employees in the class of layoff,
provided, however, that no permanent employee shall be laid off until
all temporary, acting and probationary employees in the competitive
service holding positions in the same class in the same department are
first laid off. Except as otherwise provided in this part, in
determining length of service scores, one point shall be allowed for
each complete month of full-time service in the class of layoff or
6282
demotion and in classes that, at the time notice of layoff is given,
have the same or a higher maximum salary. One-half point shall be
allowed for each complete month of full-time service in all other
classes.
D. Rule 8-11 , Re-Employment. With the approval of the Personnel
Director, an employee who has resigned in good standing from the
competitive service may be re-employed to his former position, if
vacant, or to a vacant position in the same or a comparable class
within one (1) year from date of resignation in accordance with Rule
5-21 . If such re-employment commences within ninety days of the
effective date of resignation, the employee shall not be considered a
new employee for vacation and seniority purposes.
E. Rule 18 119. Maternity Leave. A permanent employee shall be entitled
to a leave of absence without pay due to inability to work due to
pregnancy. The employee will be entitled to use available sick leave
during this period. Said leave must be requested in writing from the
Department Head and must include written notification from the
employee' s physician stating the last day the employee may wor� and
estimated duration of leave. The employee must obtain written
authorization to return to work from the attending physician. Said
authorization must be filed with the Department Head and the Personnel
Director.
F. Rule 12-5. Step 4 _ City Administrator - If the grievance is not
settled under Step 3, the grievance may be presented to the City
Administrator in accordance with the following procedure: Within
fifteen (15) days after the time the decision is rendered under Step 3
above, a written statement of the grievance shall be filed with the
Personnel Director who shall act as hearing officer and shall set the
matter for hearing within fifteen (15) days thereafter and shall cause
notice to be served upon all interested parties.
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The Personnel Director, or his representative, shall hear the matter de
novo and shall make recommended findings, conclusions and decision in
the form of a written report and recommendation to the City
Administrator within five (5) days following such hearing. The City
Administrator may, at his/her discretion, receive additional evidence
or argument by setting the matter for hearing within ten (10) days
following his/her receipt of such report and causing notice of such
hearing to be served upon the employee, employee organization and the
Personnel Director.
Within five (5) days after receipt of the Personnel Director' s report,
or the hearing provided for above, if such hearing is set by the City
Administrator, the City Administrator shall make written decision and
cause such to be served upon the employee or employee organization and
the Personnel Director.
G. Rule 19-5 b - Hearin - As soon as practicable thereafter, the
Personnel Director shall set the matter for hearing before a hearing
officer either selected by mutual consent of the parties or from a list
approved by the Personnel Commission. Ratification of the hearing
officer selected by mutual consent of the parties, if from a list
approved by the Personnel Commission shall not require separate
approval or ratification by the Personnel Commission. The hearing
officer shall hear the case and make recommended findings, conclusions
and decision in the form of a written report and recommendation to the
Personnel Commission. In lieu of the hearing officer process, the
Personnel Commission may agree to hear a case directly upon submission
of the case by mutual consent of the parties.
H. Rule 21-7 - Hearing Officers - The hearing officer provided for in
Rules 19 and 20 shall be from a list provided by the Personnel
Commission or one selected by mutual consent of the parties.
I. Rule 1-12. Time. Extension of. Upon written consent of the parties,
the time limitation imposed upon procedures set forth in these rules
may be extended a reasonable time. The City and the employee, or
employee organization may, by mutual consent,. extend the time periods
within which an act must occur in the processing of grievances.
6282
STATE OF CALIFORNIA Res. No. 6282
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council
at a regular meeting thereof held on the 20th day
of May 19 91 , by the following vote:
AYES: Councilmembers:
MacAllister, wi_nchell, Silva, Green, Kelly, Robitallle, Moulton-Patterson
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
t
i y Clerk a e -o er
of the City Council oft City
of Huntington Beach, California