HomeMy WebLinkAboutCity Council - 6690 RESOLUTION NO. 669a
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 1993 - 1994
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 October 1, 1993 through
September 30, 1994, 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, 1993, to
September 30, 1994.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the Zst day of May , 1995.
r
/1��/ 7
Mayor
ATTEST: APPROVED AS TO FORM:
A��,4n� �'a R
City Clerk 4e City Attorney
REVIEWED AND APPROVED: INITI SAND OVED:
City Administrator Deputy City Administrator
hief of Police
G:Reso1:M0UPOAI4/21J95
RLS 95-223
POA MOU
TABLE OF CONTENTS
-PREAMBLE _.
ARTICLEI - TERM OF MOU........................................................................................................'I
ARTICLE III - MANAGEMENT RIGHTS.......................................................................................3
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT.......................................................3
ARTICLE V - SEVERABILITY......................................................................................................3
ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP..........................................................3
ARTICLEVII - SPECIAL PAY......................................................................................................4
A. POLICE EDUCATIONAL INCENTIVE PLAN........................................................................................4
B. FLIGHT PAY. ..............................................................................................................................5
C. CERTIFIED FLIGHT INSTRUCTORS.................................................................................................5
D. SHIFT DIFFERENTIAL- NON SWORN. ...........................................................................................5
E. SENIOR OFFICER PROGRAM........................................................................................................5
F. MOTOR PAY ............... ..............................................................................................................6
G. SPECIAL CERTIFICATION - SKILL PAY...........................................................................................6
1. Bilingual Skill.........................................................................................................................6
2. Nurse Employees Certification..............................................................................................7
H. HOLIDAY PAY.............................................................................................................................7
I. FTO COMPENSATION...................................................................................................................7
J. K-9 COMPENSATION. ..................................................................................................................7
ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT........................................7
A. UNIFORMS. ................................................................................................................................7
B. EQUiPMENTISPECIAL UNIFORM NEEDS.........................................................................................8
C. MOTORCYCLE BRITCHES.............................................................................................................8
ARTICLE IX - HOURS OF WORKIOVERTIME............................................................................8
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SHIFTS DEFINED
_-_ A. ' ' 8
B. TEN ]�1N ''''''''^'---'—'''''''''—''—^- 8
C' OVERTIME........................................................................^^...--...—.....-- 8
I. Compensatory Time—.—.—.—.'^-^..-----___—_.^ ....................................................
2' j Work-7-i2Ie.............................................................................................................................8
Court
� ----^'^—.—.----.—.--.^---.--.------.—...—.—.-..---.—.9
4. Holidays d -------^.---.------..~..^-^.-----.—.—..--',.----.--...9
5. Court Appearance Time........................................... ............................................................9
6. Non-Cou Standby Time .............^,'.........................................^.....^.................`''......^,',,,_9
7. Call Ba -----.^^-'---_—.—..--.—.^^--_---.—.----.-------.—.----..9
8. Pay In Lieu of Compensatory Time----...^.^—.-----------_-..------.—.—..9
D. WEEKEND MILITARY DRILLS.---.—.-----~..-_---.--.---.---.-------.—...9
ARTICLE X - HEA�~TH AND OTHER INSURANCE BENEFITS..................................................9
A. HEALTH ................................................^^^.��������.������.��^'^.�.�����.�..��
1.
JMedical........................................................................................................ _..---.-----9
2. Dental.,................................................................................................................................
3. j*&plca1...................'..........................................'^'^..................................................... .........10
*` Ekqib9L Criteria and Cost ---.-----.—_-----------.----'------.--.10
a.
cz Dependent Health Coverage........................... ...............................................................1O
c. Medical Plan Changes Effective January 1. 4492 1994......................... ........................1[}
d. Plan Deductibles .........'................... .^...................................................'...............'...'..''11
e' Elective Surgeries ------------^---'-----------.-----..—.-11
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D. MISCELLANEOUS....__....__.—.—,~,_._.._____^..^..^.—....---..--.........---..--.,1|�
_'-- -- _- -_- _ _-- �_ _'�_-_ _
ARTICLEXI - RETIREMENT ...,.................',,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,,,,,,,,,,,,,,,,,,,^,,,,,,,,,,^,,,,,12
A. BENEFITS............................................................................... ..................^..............................12
I. CHP Retirement Plan.__._____^^.^^._.__________..___._..._..._.___.___12
2. -----.—.~--^.—..—.—,-------.-13
� 3. PERS Rollover...................................
.--_-- ...........
...............
.......................
..........13
4. Medical Insur6nce for Retirees --.--'--..-------.-----.-.--.^.—.--..--_...13
ARTICLE XII - LEAVE BENEFITS ,,,,,,^,,,,,,,,,,,,,,,,,,,,,,_,,,,,,.,,,,,,,,,,,,,,,,,^,,,,,,,,,,,,,,,_,,,,,_,_,,,,,_._,14
A. VACATION ^-----'--^^'^'^'^^^ ...............................................................................................14
7. Anniversary Date __.____.—.^.^^.,._..—___—_------_----------_.--_14
2. Annual Vacation---^^'^'''^^^^-^----_--_--.........---'.........-----.---.- 14
3. Vacation Allowance---_--...^^.^^^.^----------_----.----.-_.--.-_--.-14
4. _._______^^____.___.__.___..____________._15
5. .--.------.--_..^^.----------------.-.',^'.,,_.^..15
6. Terminal Vacation Pay^^^^-^^'------''---^^'^^----------'-----.-_--,,..,...f5
7. Receipt of Vacation Pay..................................................... ................................................f5
8. Conve[sjon to Cash '--'----`—''^'''-----------'------`---------'15
B' 2HOLIDA2S ---------..'^.^-_-----.---.^.-^....^^.----.---_—.-----~--15
C. SICK =LEAVE .............................................................................................................................16
D. BEREAVEMENT LEAVE ................................. '^^^........................................... ..........................16
E. AssocIATION BUSINESS...................__ ..................................................................................16
ARTICLEXIII - CITY RULES......................................................................................................is
POA MOU
TABLE OF CONTENTS
ARTICLE XV - CITY COUNCIL APPROVAL.............................................................................18
EXHIBIT A - POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE................................19
EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME....................20
EXHIBITC..................................................................................................................................22
RETIREE SUBSIDY MEDICAL PLAN........................................................................................22
SCHEDULEOF BENEFITS .......................................................................................................23
A. MINIMUM ELIGIBILITY FOR BENEFITS ..........................................................................................23
B. DISABILITY RETIREES................................................................................................................23
C. MAXIMUM MONTHLY SUBSIDY PAYMENTS...................................................................................24
INDEMNITY HEALTH PLAN, EMPLOYEES!RETIREES...........................................................25
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS.................................25
A. ELIGIBILITY .............................................................................. ............................................25
B. BENEFITS.................................................................................................................................27
C. SUBSIDIES ...............................................................................................................................27
D. MEDICARE ..............................................................................................................................28
E. CANCELLATION,.........................................................................................................................28
EXHIBIT D - EMPLOYEE HEALTH PLAN.................................................................................30
EXHIBIT E - DELTA CARE (PMI) BROCHURE.........................................................................31
EXHIBIT F - DELTA DENTAL BROCHURE ..............................................................................32
EXHIBIT G - VISION CARE (VSP) BROCHURE........................................................................33
EXHIBIT H - PERSONNEL RULE CHANGES ...........................................................................34
A. RULE 5-14 PROMOTIONAL EXAMINATIONS.................................................................................34
B. RULE 5-20 DURATION OF EMPLOYMENT USTS...........................................................................34
C. RULE 8-3 LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE....................................................34
D. RULE 8-11 RE-EMPLOYMENT...................................................................................................34
E. RULE 18-19 MATERNITY LEAVE................................................................................................35
F. RULE 19-5 STEP 4 CITY ADMINISTRATOR.................................................................................35
IV
POA MOU
TABLE OF CONTENTS
G. RULE 19-5(B). HEARING........................................................................... ..........................35
H. RULE 21-7, HEARING OFFICERS................................ ...................................................... ........35
1. RULE 21-12, TIME, EXTENSION OF..............................................................................................36
MEMORANDUM OF UNDERSTANDING
Between
-_-- .- _---- - THE CITY OF HUNTINGTON BEACH-
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH POLICE OFFICERS" ASSOCIATION
(Hereinafter called ASSOCIATION or POA)
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, 1993, 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, 1993, and ending at midnight on September 30, 1994 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, 1994, and the City of Huntington Beach or the ASSOCIATION shall not
be required to meet and confer as to any such request.
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 (#3335) 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 classification listed in Exhibit A.
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POA MOU
The proposed change to the Employer-Employee Relations Resolution is as follows:
- -- 17 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. information
which justifies the change pursuant to the criteria established in
Section 6-5 for Appropriateness of Units. Additionally, the Personnel
Director 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 and/or sent by the CITY to affected
employees;
b. Following receipt of the Personnel Directors 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. Fallowing 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.
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POA MOU
ARTICLE III - MANAGEMENT RIGHTS
- Except as-expressly-abridged 'or modified hereirT,-the Chief of Police-retairis"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, 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, 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 -SEVERABILITY
If any section, sub-section, 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, sub-section, sentence, clause, phrase or portion, and any additions or amendments
thereof, irrespective of the fact that any one or more sections, sub-sections, sentences,
clauses, phrases or portions, or the application thereof to any person, be declared invalid or
unconstitutional.
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.
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POA Mau
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 Js�-not-base-salary but is done pursuant-to Section 414(h)(2)"of the"lntefnal - - -
Revenue Code.
ARTICLE VII - SPECIAL PAY
A. Police Educational Incentive Plan
1. The Educational Incentive Plan shall be continued for sworn personnel as
follows:
Continuing College
Education Education Units
Incentive POST College Maximum Years of Required Monthly
Level Certificate Units Training HBPD Annually Amount
Service
Units Points
I Intermediate 30 20+ 10 1 6 $ 100.00
II Intermediate 60 40+ 20 1 3 $ 150.00
III Advanced 90 60+ 30 2 3 $300.00
IV Advanced 120 0 3 3 $300.00
V Advanced 150 120+ 30 3 0 $300.00
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 the Chief of Police. An
acceptable yearly performance evaluation, signed by the Chief of
Police, is required. No incentive shall be 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.
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POA MOU
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.
L Obtaining transcripts or other acceptable documentation in 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.
B. Flight Pay - Employees assigned to duty as helicopter flight personnel shall receive
$370 per month in addition to their applicable salary.
C. Certified Fli ht Instructors - Up to two employees may be assigned as certified flight
instructors. Employees assigned as certified flight instructors shall receive $450 per
month as flight pay.
D. Shift Differential - Non Sworn - Non sworn members required to work on a regular
assigned shift that occurs between the hours of 4:00 P.M. 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. Senior 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 evaluation 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 met the qualifications for
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POA MOU
Senior Officer, selections will be made solely on the basis of seniority within the
Huntington Beach Police Department.
F. Motor Pay:
I. 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 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
1. Bilingual Skill - Qualified employees who meet the criteria will be paid a
monthly pay differential of 5% of their base pay. The Police 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:
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POA MOU
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 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 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).
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:
a. 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.
b. Detention Officers designated to act as training officers.
c. Motor officers designated to act as training officers.
J. K-9 Compensation - Employees assigned to K-9 duty to receive ten (10) hours of
compensatory time per month for time spent maintaining their assigned animal.
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 $700 per year; payable quarterly to those employees on active
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POA MOU
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-repairing and maintaining uniforms and clothing worn in the line-of dufy.-_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 by order of the Chief of Police.
B. Eguipment/Special Uniform Needs - SWAT 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 the
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 1K - 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.
1. Compensatory Time - An employee may elect to receive compensatory
book time in lieu of such overtime pay to a maximum of 120 hours.
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.
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b. 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. Holidays Worked - Employees who work on a recognized City holiday shall
be compensated at their premium hourly rate (time and one half) for time
actually worked from 12:00 A.M. through 11:59 P.M.
5. Court A earance 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 pay at the rate of time and one half their regular hourly rate.
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 ,duly 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. Health:
1. Medical:
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POA MOU
a. The CITY shall continue to provide group medical benefits to all
employees with coverage and other benefits comparable to the group
medical pan 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. The Dental Plan will include a $25 deductible per person per
year.
3. Optical - 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. Eligibilily Criteria and Cost:
a. Premiums - The CITY shall pay health insurance premiums to
maximum of $544 a month for full family coverage for eligible
employees effective January 1, 1994
b. Dependent Health Coverage - 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, 1994:
1) Elective Outpatient Surgery - Plan to pay one hundred
percent (100%) of covered expenses (anesthesia, outpatient
surgery, facility use, surgeon and pre-admission) after the
deductible is met for PPO providers.
Plan to pay seventy percent (70%) of the first $10,000 after
deductible is met for non-PPO providers.
2) Plan will pay ninety percent (90%) for PPO providers and
seventy percent (70%) for non-PPO providers of usual,
customary and reasonable charges, after the deductible is
met. However, in the event of emergency services, the plan
will pay ninety percent (90%) of usual, customary and
reasonable charges for non-PPO providers. Emergency
services is defined as the following: Services which are
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POA MOU
immediately required to treat a sudden, serious and
unexpected illness or injury, including services to alleviate
---- -- �� - severe-pain associated with sudden serious and unexpected
illness or injury.
3) Eliminate Supplemental Accident Benefit (expenses covered
same as any other medical expense).
4) In-Patient Hospitalization - 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. Plan Deductibles - 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 Dollars ($450) during
any period of benefit entitlement as described in the City's Employee.
Health Plan.
e. Elective Surgeries - The elective surgeries listed in Exhibit D, Part Vill,
will require a second opinion from a list of authorized physicians. The
CITY shall provide such list of physicians mutually agreeable to CITY
and 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.
f. Chiropractic Services - Chiropractic limits are provided under major
medical to a maximum of 24 treatments or $2,000 per year.
g. Dental Plan - Effective January 1, 1994, the City shall pay dental
premiums to a maximum of ninety nine dollars ($99) per month.
h. Optical - Effective January 1, 1994, the City shall pay optical
premiums to a maximum of thirteen dollars ($13) per month at a
composite rate.
B. Life Insurance - Effective May 1, 1995, the City will provide $40,000 term life
insurance without evidence of insurability other than evidence of working full time. An
0011777.01 -11- 04/24/95 2:37 PM
POA MOU
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 (ba) 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 Due to Accident Disability Dee to Illness
First 60 Days Regular Pay Regular Pay
Next 24 Months 66 213% of Base Pay Same
To Age 65 66 213% of Base Pay None
2. Days and months refer to calendar days and months. Benefits under the
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/she 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 66 213% of
difference between regular pay and pay of other occupation.
4. Survivors benefit continues plan payment for three (3) 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)
001175D.01 -12- 04120195 1:28 PM
POA MOU
death occurs after July 1, 1978, Public Employees' Retirement System
retirement benefits computed by utilizing the two percent at age fifty (50)
commonly referred to- as-the California- Hlghway Patrol (CHP) - -
Retirement Plan.
2. Self-Funded Suoolemental 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/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/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.)
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 Director of Finance. 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. No unit employee shall be allowed to apply for
or continue this benefit (PERS pick-up and vacation accrual) beyond
January 31, 1994.
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 January 31, 1974, shall be
0011777.01 -13- 04124195 2:37 PM
POA MOU
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
c) Eligibility to participate in any City sponsored retiree
medical plan at retiree's own cost. Retiree's 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/she
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 of 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 the City's service, having an
average work week of forty (40) hours, shall accrue annual vacation 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.
b. After the fifth year and through the ninth year of continuous service,
vacation time will a accrued at the rate of 136 hours per year.
001i777.01 -14- 04/24/95 2.37 PM
POA MOU
c. For the tenth year and through the fourteenth year of continuous
service, vacation time will be accrued at the rate of 160 hours per
d. After the 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 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/she is entitled up to and including the effective date of
his/her termination.
7. Receipt of Vacation Pay - Upon two weeks written notification to the
Director of Finance, 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.
8. 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 PIERS as salary. It is the intent of the parties that employees
will take vacation during the current year.
B. Hondas - The following are the recognized legal holidays under this MOU:
1. New Year's Day (January 1)
2. Martin Luther King's Birthday (third Monday in January)
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)
0011777.01 -75- 04/24/95 2:37 PM
POA MOU
7. Veteran's Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. - Friday after Thanks ivin
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 the City 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.
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, of children,
grandchildren and grandparents of the employee or spouse.
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. The CITY and ASSOCIATION agree to meet
during the term of this agreement on proposed revisions to Personnel Rule 8-1. The parties
agree that the impasse procedure will not apply to these discussions.
0011777.01 As- 04/24r95 2:37 PM
POA MOU
ARTICLE XIV - MISCELLANEOUS
ea owance:
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. Meeting which include a meal may be reimbursed at
the actual cost of the meeting or meal.
b. Personnel are unexpectedly delayed or assigned at a location away
from the City when the time extends beyond the normal meal period.
Employees must contact their supervisor by phone to obtain
authorization.
c. When on assignment in excess of 25 mile radius beyond their normal
work station.
d. Expenses other than listed in a, b, or c may be considered for
reimbursement (receipt required) at the discretion of the Division
Commander.
e. 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 26(z per mile for all mileage reimbursable by POST.
2. All other mileage not reimbursable by POST shall be compensated at the
rate of 23cz per mile.
0011777,01 -17- 04/24/95 2:37 PM
POA MOU
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 have executed this Memorandum of
Understanding this day of , 1995.
INGTON BEACH
CITY OF HUNTINGTON BEACH P ICE OFF ERS' ASSOCIATION
By. - y:
Michael T. Uberuaga Richard Wright
Cit Administrator POA Pre sid nt
By: By:
Ronald E. Lo nberg a Guarnera
Chief of Poli OA Representative
By: By:
William H. Osness Tom Gi a
Personnel Director POA epre entative
By: By:
Do d .!. ewis om D nn y
P rs n I ManaW POA Representative
By: A?
aniel Cassidy
Chief Negotiator
APPROVED AS TO FORM
By: A-'t
ail Hutton �-�L 42,,- rnlo
City Attorney
0011777,01 As- 04/20/95 4:22 PM
EXHIBIT A
CITY OF HUNTINGTON BEACH
POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 4, 1992
. .
o• - Classification Range
4334 Police Recruit 364 2321 2449 2584 2727 2887
4332 Police Officer 437 3342 3526 3720 3924 4141
4333 Police Officer Sr. 449 3546 3742 3949 4165 4394
3360 Police Sergeant 484 4228 4460 4704 4963 5235
3324 General Svcs Officer 457 3692 3895 4110 4335 4574
6370 Comm. Operator 399 2765 2917 3078 3248 3427
6372 Comm. Supervisor 426 3153 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
0011777.01 -19- 04/24/95 2:37 PM
POA MOU
EXHIBIT B
-GUIDELINES FOR THE USE OF THE ASSO ATION BANK TIME T
A. Any substantial' 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 for 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/her 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.
D. Those Association members that may use the Association Bank are:
1. President of the Huntington Beach Police Officers' Association
2. Board of Directors of the Huntington Beach Police Officers' Association.
11. 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.
0011777.01 -20- 04/24/95 2:37 PM
POA MOU
EXHIBIT B
GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME
A. Any substantial' 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 for their immediate supervisor, then from the President of the
Association.
An Association member shall, on all duty emergency situations, give adequate
advance notice to hislher 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.
D. Those Association members that may use the Association Bank are:
1. President of the Huntington Beach Police Officers' Association
2. Board of Directors of the Huntington Beach Police Officers' Association.
1- 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.
0011750.01 -21- 04/20195 1:28 PM
POA MOU
-.F
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.
001175D.01 -22- 0412019E 1:28 PM
POA Mau
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.
SCHEDULE OF BENEFITS
A. Minimum Eli-gibility for Benefits - With the exception of an industrial disability
retirement, eligibility for benefits begin 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.
B. 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 10/1/87, $80 after 10/1/88, and $121 after
10/1/89. 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.
0011777.01 -23- 04/24/95 2:37 PM
POA MOU
C. Maximum Monthly Subsidy Payments - All retirees, including those retired as a result
of disability whose number of years of service prior to retirement exceeds ten_(10),_ ___
___ —sha111�e entitled to ma)dff rn—monthly payment of premm ius by the City for each year
of completed City service as follows:
Maximum Monthly Payment
for Retirements After:
Years of Service 1011/87 1011/88 1011189 10/1192
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 9Q 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.
0011777.01 -24- 04/24/95 2:37 PM
POA MOU
INDEMNITY HEALTH PLAN, EMPLOYEESIRETIREES
- -Benefits -.__-- -- - - _. City Piari; Employees__ _.-- City Plan _. ._
Non-Subsidized Retirees, Subsidized Retiree Plan
COBRA-Eligibles
In-Patient Hospital Benefits 90% (PPO) of UCR after
deductible
70% (Non-PPO) after deductible 70% of UCR after deductible
Deductible Per Person $150 $200
Maximum Per Family $450 $500
Maximum Out-of-Pocket $1,000 $1,500
Expenses (Excludes Deductible): $2,000 $3,000
Per Person
Per Family
Accident Benefit (Medical) None (Covered Same as Other None (Covered Same as Other
Expenses) Expenses)
Prescription Drugs PCs PCs
Deductible Generic $5 $5
Non Generic $8 $8
Mail Order Generic $4 $4
Mail Order Non-Generic $5 $6
Major Medical 90% (PPO) of UCR after
deductible
70% (Non-PPO) of UCR after 70% of UCR after deductible
deductible
Note: Retirees who elect to participate in HealthNet or Family Health Plan (FHP) shall be
entitled to benefits of the program chosen.
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical 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.
' This summary list only those benefit 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.
0011777.01 -25- 04/24/95 2:37 PM
POA MOU
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 in-patient 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 'bther 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 'tither"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.
5. When a retiree becomes eligible for the 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.
0011777.01 -26- 04124/95 2:37 PM
POA MOU
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.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN),
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.
C. 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, 1997: MEO, MEA, POA, MSOA, FA and PMA.
0011777.01 -27- 04/24/95 2:37 PM
POA MOU
1gly 1 1588: Non-Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit 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 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.
E. 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 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.
0011777.01 -28- 04/24/95 2:37 PM
POA MOu
July 1, 1988. Non-Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit 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 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.
E. 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 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.
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POA Mau
EXHIBIT D
EMPLOYEE HEALTH PLAN DOCUMENT
A copy of the Employee Health Plan Document
may be obtained for the
Insurance and Benefits Division
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EXHIBIT E
DELTACARE PLAN BROCHURE
A copy of the Delta Care Plan Brochure
may be obtained for the
Personnel Division
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EXHIBIT F
DELTA DENTAL PLAN BROCHURE
A copy of the Delta Dental Plan Brochure
may be obtained for the
Personnel Division
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EXHIBIT G
... VISION CARE PLAN BROCHURE
A copy of the Vision Care Plan Brochure
may be obtained for the
Personnel Division
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EXHIBIT H
PERSONNEL RULE CHANGES
A. Rule 5-14 Promotional Examinations - 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 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 Employment 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
date 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 Accordance 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 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 (90) days of the effective
date of resignation, the employee shall not be considered a new employee for
vacation and seniority purposes.
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POA MOU
E. _Rule 18-19, 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 work 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 19-5. 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.
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), Hearing - 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 Hearinq 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.
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I. Rule 21-12, 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.
0011777.01 -36- 04/24/95 2:37 PM
Res. No. 6690
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, CONNM 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 5th of May, 1995 the
following vote:
AYES: Councilmembers:
Harman, Bauer, Leipzig, Dettloff, Green, Garofalo
NOES: Councilmembers:
Sullivan
ABSENT: Councilmembers:
None
4�vo� 4��'Z
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
G&-/resbkpg