HomeMy WebLinkAboutCity Council - 98-56 RESOLUTION NO. 98-56
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE POLICE MANAGEMENT ASSOCIATION(PMA)
AND
THE CITY OF HUNTINGTON BEACH FOR 1/l/98 - 12/31/00
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the Huntington
Beach Police Management Association (PMA), a copy of which is attached hereto as Exhibit"A" and by
reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms
and conditions thereof, and the City Administrator is authorized to execute this Agreement. Such
Memorandum of Understanding shall be effective for the term January 1, 1998 through
December 31, 2000.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of ,July , 1998.
&4 //d
Mayo
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: D PROVED:
ity Administrator (i -3c� i Zu nistrator/
/ Administrative Services
SF1s:PCD:Reso1:PMA-M0U
RLS 98-406
POLICE MANAGEMENT ASSOCIATION
199812000 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
TOPIC PAGE
PREAMBLE.............................................................................•.......................................2
ARTICLE I -- REPRESENTATIONAL UNIT ....................................................................2
ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT..........................................2
ARTICLE III -- SALARY SCHEDULES AND RETIREMENT........__...............................2
ARTICLE IV--HEALTH AND OTHER INSURANCE BENEFITS.....................................3
A. HEALTH. .......................................................................................................................3
B. INSURANCE: ...............................................................................................5
ARTICLE V -- BEREAVEMENT LEAVE..........................................................................6
ARTICLE VI -- SPECIAL PAY AND ALLOWANCES.......................................................6
A. AUTO ALLOWANCE:................ ........................................ ..............................................6
B. FLIGHT PAY...................................................................................................................6
C. MOTOR PAY:.................................................................................................................6
D. BILINGUAL PAY..............................................................................•..........................---..7
E. UNIFORM ALLOWANCE ...................................................................................................8
F. COURT STANDBY TIME................................. 8
G. HOLIDAYS WORKED.......................................................................................................8
H. COURT APPEARANCE TIME........ ....................................................................................8
I. NON-COURT STANDBY TIME ............................................................................................8
S. CALL BACK....................................
K. PAY IN LIEU OF COMPENSATORY TIME.............................................................................8
L. MEAL ALLOWANCE: ..................... ......... ......8
M. MILEAGE ALLOWANCE: .........................................................I......... ......................I.......9
ARTICLE VII -- DRUG TESTING.....................................................................................9
ARTICLE VIII -- VACATIONS..........................................................................................9
A. ANNIVERSARY DATE .................................. .....9
B. ANNUAL VACATION ......................................................................................................10
C. VACATION ALLOWANCE...................................... ............................. 10
D. VACATION -WHEN TAKEN............................................................................................ 10
E. TERMINAL VACATION PAY........................................ ... 10
F. RECEIPT OF VACATION................................................................................................. 11
G. CONVERSION TO CASH ...........................................................
ARTICLE IX SICK LEAVE PAY.................................................................................... 11
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POLICE MANAGEMENT ASSOCIATION
1998/2000 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
TOPIC PAGE
ARTICLE X -- MISCELLANEOUS PROVISIONS........................... .......12
........................
D. WEAPONS VESTING............................................... .... 12
..................................................
ARTICLEXI HOLIDAYS ............................................................................................ 12
ARTICLE XII OVERTIMEITIME OFF/TEN PLAN....................................................... 13
ARTICLE XIII -- EDUCATIONAL PAY........................................................................... 14
ARTICLE XIV-- RETIREE MEDICAL PROGRAM ........................................................14
ARTICLE XV -- MANAGEMENT RIGHTS ................................
ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING .......................... 15
ARTICLE XVII -- CITY COUNCIL APPROVAL.............................................................. 15
PMAMOU.DOC -ii- 06/29/98 2:42 PM
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(Herein Called CITY)
AND
THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION
(Hereinafter Called ASSOCIATION)
PREAMBLE
WHEREAS the designated representative of the City of Huntington Beach and the
Huntington Beach Police Management Association have met and conferred in good
faith with respect to salaries, benefits and other terms and conditions of employment for
the employees represented by the Association;
NOW THEREFORE, this Memorandum of Understanding is made, to become effective
January 1, 1998 and it is agreed as follows:
ARTICLE I -- REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Police Management Association is the
employee organization which has the right to meet and confer in good faith with the City
on behalf of represented employees of the Huntington Beach Police Department within
the classification titles of Police Captain, Police Lieutenant, and Police Sergeant as
outlined in Exhibit A attached hereto and incorporated herein.
ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing terms and conditions of employment which
have been established for the classification represented by the Huntington Beach
Police Management Association.
ARTICLE III -- SALARY SCHEDULES AND RETIREMENT
A. Employees shall be compensated at monthly salary rates by classification title
and salary ranges during the term of this Agreement as set out in Exhibit A
attached hereto and incorporated herein unless expressly provided for in other
articles of this Memorandum of Understanding.
B. Each employee covered by this Agreement shall be reimbursed once every two
weeks in an amount equal to 9% of the employee's base salary and special pay
as a pickup of the employee's contribution, or portion of such contribution, to the
Public Employees' Retirement System. The above PERS pickup is not base
salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code.
EXHIBIT A
POLICE MANAGEMENT ASSOCIATION
SALARY SCHEDULE
C. Each employee, eligible for service retirement may have his/her uniform
allowance converted to salary for all or part of the twelve month period prior to
his/her service retirement date upon written request to the Director of Finance.
Such modified reporting shall be for a maximum of twenty-four (24) months.
D. The City and PMA agree that new employees shall not be eligible for the "Self-
Funded Supplemental Retirement Benefit" (as described in Article Xl, Paragraph
A.2 of the Police Officers' Association 1997/2000 Memorandum of
Understanding).
ARTICLE IV --HEALTH AND OTHER INSURANCE BENEFITS
A. Health:
1. Medical, Dental, Optical:
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 -- The City shall continue to provide dental plan benefits equal to
those currently being provided by the City. The Indemnity 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. Eligibility Criteria and Cost:
a. Health Premiums -- City's 1998 contribution toward health costs to be
effective May 1, 1998.
b. Health Insurance Caps -- The City "caps" its contribution toward
employee monthly health insurance premiums by category and plan at
the rate effective January 1, 2000, for the year ending December 31,
2000:
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
iaTH� ' c�T�r ' HEALTH. t l= ra DAL r, vSp"
PRIFUMS' PLAN rET I�AIF# RFE ]E tTAk. CASE . . AFEOUARI7 > { Esian)
EMPLOYEE $238.62 $153.26 $150.21 $34.59 $21.48 $ 18.56 $ 17.10
ONLY
EMPLOYEE 477.26 335.53 329.14 66.07 36.51 33.41 17.10
+ ONE
EMPLOYEE 595.47 440.99 433.82 93.86 55.83 42.64 17.10
+ FAMILY
CURRENT
1997 CAP
1998 Rates are listed - City "cap" would be current 2000 rates.
** Composite rate
c. Em to ee Paid Premiums -- Employees hired prior to adoption date,
the City shall pay medical, dental and vision premiums; subject to 4a
and 4b above.
d. Two Tier Health Premiums -- Employees hired on or after the
adoption date of this agreement, the City's contribution toward medical
insurance shall be at the highest HMO rate of (1) employee, (2)
employee + dependent, or (3) family.
e. 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.
f. City Medical Plan Changes Effective January 1. 1996 Retirees --
The City agrees to provide the same benefit an employee receives,
90% PPO and 70% Non-PPO hospital and major medical, for retirees in
the City Medical Plan.
g. City_Medical Plan Changes Effective January 1, 1997:
(1) PCS -- Employees shall be required to obtain the generic drug
when available unless his/her physician specifically stipulates a
brand name drug. The employee would be paying, in addition to
the co-payment, the difference between the generic and the
brand name cost.
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
(2) Outpatient Surgery — Plan to pay 90% for PPO providers and
70% for Non-PPO providers of usual, customary and reasonable
charges after the deductible is met. This applies to outpatient
surgical facilities, outpatient services in a hospital, surgeons,
anesthesiologists and all pre-admission testing.
(3) Second_Surgeons_Opinion -- Plan requires that the attending
physician call OCPPO on all proposed, elective surgeries for a
determination of second surgical opinion. OCPPO will have the
authority to waive or require a second surgical opinion, OCPPO
will provide the patient with a list of board certified surgeons in the
same specialty. The charges for the second surgical consultant
will continue to be paid at 100 percent and not subject to the
deductible.
B. Insurance:
1. Life Insurance_ -- Each employee shall be provided with $40,000 life
insurance and $40,000 accidental death and dismemberment insurance
paid for by the City. Each employee shall have the option, at his or her own
expense, to purchase an additional amount of life insurance in the amount
of $25,000, and accidental death and dismemberment insurance in the
amount of $25,000, $50,000 or $100,000. Evidence of insurability is
contingent upon total participation in additional amounts.
2. Income Protection Plan -- The existing long term disability program
provided by the City shall remain in effect for all personnel. This program
provides, for each incident, pay up to sixth (60) calendar days at the
employee's salary rate (excluding overtime but including any special pay in
effect at the time of illness or injury). After the sixty calendar day period,
the employee will be covered by an insurance plan paid for by the City
which will provide 66 213% of the employee's salary rate (excluding
overtime and any special pay) in accordance with the following to age 65:
a. Days and months refer to calendar days and months. Benefits under
the Plan are integrated with Workmen's Compensation, Social Security
and other non-private program benefits to which the employee may be
entitled. Disability is defined as the inability to perform all of the duties
of regular occupation during the first two years of disability and
thereafter the inability to engage in any employment or occupation for
which he is fitted by reason of education, training or experience.
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
b. 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.
c. Survivors benefit continues plan payment for three months beyond
death.
ARTICLE V -- 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, children, grandchildren and grandparents of the
employee or spouse.
ARTICLE VI -- SPECIAL PAY AND ALLOWANCES
A. Auto Allowance:
1. The provisions of Administrative Regulation 407 -- Auto Allowance,
shall apply to employees represented by the Police Management
Association. Any modifications to Administrative Regulation 407, either by
the City or through implementation of an MOU with MEO, shall
automatically modify the auto allowance benefit provided for employees
represented by the Police Management Association. Auto allowance for
employees represented by the Police Management Association shall be no
less than $350 per month during the term of this Agreement.
2. Employees that are assigned a City vehicle must reside within 25 miles of
the City's limits. Such employees shall be allowed to use the assigned
vehicle for personal use within the City limits and/or within ten (10) miles of
the employees residence.
B. Flight Pay
Employees assigned to duty as helicopter personnel shall receive $370 per
month and those assigned as Certified Flight Instructors shall receive $450 per
month in addition to their applicable salary.
C. Motor Pay:
1. Employees assigned to motorcycle duty shall receive a flat rate of $300 per
month for hazardous duty pay.
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
2. Employees may drive their motorcycle to and from their residence to their
place of work is 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.
D. Bilingual Pay
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 the 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.
1. The languages included will be; Spanish, Vietnamese and sign language.
2. Authorization of qualified employees for bilingual compensation will be
based on the following:
a. A need for the employee to use the language in the City to support the
implementation of police operations.
b. At the discretion of the Police Chief, he may submit the number of
employees qualified in each category based on department needs.
3. 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.
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
E. Uniform Allowance
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 duty during
that quarter, separately from payroll checks. It is the mutual intent of the parties
that this allowance shall be utilized solely for the purpose of replacing, repairing
and maintaining uniforms and clothing worn in the line of duty. The City will
continue to make initial issuance of required uniforms and replace uniforms and
equipment damaged in the line of duty, including safety equipment required by
state law, City resolution or ordinance, or by order of the Chief of Police.
F. 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 (2) hours straight
time pay for each morning and afternoon court session.
G. Holidays Worked
Police Sergeants who work on a recognized City holiday shall be compensated
at their premium hourly rate (time and one Ralf) for time actually worked from
12:00 A.M. through 11:59 P.M.
H. Court Appearance Time
Police Sergeants required to appear in court during other than their scheduled
working hours shall receive a minimum of three (3) hours pay at time and one
half; provided, however, that if such time overlaps with the employee's working
hours, said premium rate shall be limited to those hours occurring prior to or after
the employee's scheduled work time.
I. Non-Court Standby Time
A Police Sergeant who is placed on standby status by his supervisor shall
receive four (4) hours straight time pay for each 24 hour period of standby status.
J. Call Back
Police Sergeants who are called back to work will be paid a minimum of two (2)
hours pay at the rate of time and one half their regular hourly rate.
K. Pay in Lieu of Compensatory Time
In the month of December and April of each year, employees may, at their
option, be paid for their accrued compensatory time.
L. Meal Allowance:
1. Per Diem -- Employees shall be entitled to per diem under the following
circumstances:
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
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 miles radius beyond their normal
work station.
d. Expenses other than listed in a, b, or c above may be considered for
reimbursement (receipts 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 pro-rated as follows;
breakfast - $10.00, Lunch - $15.00, Dinner$20.00.
M. Mileage Allowance:
1. The City shall reimburse employees for the use of personal automobiles at
the rate of 26¢ per mile for all mileage reimbursable by POST.
2. All other mileage not reimbursable by POST shall be compensated at the
rate of 23¢ per mile.
ARTICLE VII -- DRUG TESTING
Unit employees shall participate in a random drug/alcohol testing program as proposed
by the Chief of Police.
ARTICLE Vlll -- VACATIONS
A. 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.
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
B. Annual Vacation
The purpose of annual vacation is to provide a rest period which will enable each
employee to return to work physically and mentally refreshed. All permanent
employees, whether full-time or part-time, shall be entitled to annual vacation
with pay except the following:
1. Employees who have not completed six (6) months of continuous service
with the City.
2. Employees who work less than full-time who are not permanent.
3. Employees on leave of absence.
C. 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:
1. For the first through the fourth year of continuous service, vacation time will
be accrued at the rate of 112 hours per year.
2. After the fifth year and through the ninth year of continuous service,
vacation time will be accrued at the rate of 136 hours per year.
3. For the tenth year and through the fourteenth year of continuous service,
vacation time will be accrued at the rate of 160 hours per year.
4. After the fifteenth year and thereafter of continuous service, vacation time
will be accrued at the rate of 192 hours per year.
D. Vacation - When Taken
No employee shall be permitted to take a vacation in excess of actual time
earned. Police Captains and Lieutenants covered by this agreement, after
December 31, 1999, shall not accrue vacation in excess of 400 hours. Police
Captains and Lieutenants that have accrued more than 400 hours shall be
allowed a one time buy down of vacation in excess of 400 hours through
December 31, 1999. Police Sergeants may not accrue vacation in excess of 310
hours.
E. 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 helshe is entitled up
to and including the effective date of his/her termination.
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
F. Receipt of Vacation
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.
G. 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.
ARTICLE IX SICK LEAVE PAY
A. Employees covered by this agreement and on the payroll on November 20, 1978
shall be entitled to the following sick leave payoff plan:
At termination, employees shall be compensated at their then current rate of pay
for fifty percent (50%) of unused sick leave, up to a maximum of 720 hours of
unused, accumulated sick leave.
B. Employees hired after November 20, 1978 shall be entitled to the following sick
leave payoff plan:
Upon termination, all employees shall be paid, at their then current salary rate,
for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued,
and for thirty-five (35%) of all unused, earned sick leave in excess of 480 hours,
but not to exceed 720 hours.
C. No employee shall be paid at termination for more than 720 hours of unused,
accumulated sick leave.
D. All Police Sergeants represented by PMA on the adoption date of this agreement
shall be credited with 480 hours of sick leave.
E. Upon promotion to the position of Sergeant, after the adoption date of this
agreement, the promoted employee shall be credited with 480 hours of sick
leave.
F. Employees electing to participate in the City's group health insurance program
after retirement may cause the premiums to be paid by the City out of any
available funds due and owing them under the terms of this agreement for
unused sick leave benefits upon retirement.
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
G. Sick leave shall not be used to extend absences due to work related (industrial)
injuries or illnesses.
ARTICLE X -- MISCELLANEOUS PROVISIONS
A. If there is any change to the benefits provided to POA that differ from those
provided to PMA, either the City or Association may request to reopen
discussions regarding a change to that specific benefit.
B. The Association agrees to meet and confer on a City Fleet Management
Proposal during the term of this agreement.
C. The City and the Association agree to implement the rule changes and
accordingly revise the Personnel Rules as described in Exhibit C. 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.
D. Weapons Vesting
Employees assigned a weapon shall be vested with ten percent (10%)
ownership per year so that ten (10) years after assignment of the weapon to the
employee, he/she shall be fully vested with ownership.
ARTICLE XI -- HOLIDAYS
A. Police Captains and Lieutenants shall have the following legal holidays with pay:
1. New Year's Day (January 1)
2. Martin Luther King Day (third Monday in January)
3. Washington's Birthday (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veteran's Day (November 11)
8. Thanksgiving Day (forth Thursday in November)
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a national
holiday, or the Governor of the State of California to be a state holiday and
adopted as an employee holiday by the City Council of the City of
Huntington Beach.
B. Compensation for legal holidays shall be provided as follows:
1. If a day the City observes as a legal holiday designated above falls on an
employee's regular work day, the employee will receive the day off;
2. If a day the City observes as a legal holiday designated above falls on an
employee's regular day off, the employee will be compensated with eight (8)
hours of compensatory time;
3. Employees who are required to work on a day the City observes as a legal
holiday designated above shall be compensated in accordance with
Article XII.
4. Police Sergeants, in addition to regular compensation, shall receive
each month 1126 of the total holiday hours (80) earned for the year.
S. Police Sergeants 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.
6. All holiday pay shall be reported as base salary to PERS.
ARTICLE XII -- OVERTIMEITIME OFFITEN PLAN
A. Effective January 1, 1984, all employees are entitled to work four (4) days per
week, ten (10) hours each day, meal times to be included during the ten hour
shift.
B. Police Captains and Lieutenants represented herein are exempt employees as
to the Fair Labor Standards Act (FLSA) and as such shall not be disciplined in
the form of suspension of less than a week for non-safety violations and shall not
be eligible for overtime compensation except in the following instances:
1. When such employees are required to fill a full, or partial, work shift that is
not part of the employee's regular work schedule. Partial shift shall mean
PMAMOU.DOG 13 06/30/98 8:54 AM
POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
five (5) hours or more of a work shift. In such an instance, the employee
may be compensated at the rate of 1 1/2 hours for each hour worked in the
form of pay or compensatory time off.
2. Time off for such employees, to compensate for other overtime hours
worked, may be granted by the department head until December 31, 1999.
It is understood by both parties of this Agreement that Police Captains and
Lieutenants will be entitled to the City policy of granting five days
administrative time off per year to compensate the Captains and
Lieutenants for their previous (when authorized) time and one-half overtime
benefit.
C. Police Sergeants shall receive time and one half their salary rate for all time
worked in excess of 40 hours during any given work week.
D. Police Sergeants may elect to receive compensatory bank time in lieu of
overtime pay to a maximum of 120 hours, subject to advance approval of the
department head.
ARTICLE XIII -- EDUCATIONAL PAY
Police Sergeants shall be entitled to the education pay plan that exists for POA. unit
employees who have received certification for completion of the FBI Academy, POST
Command College or POST Supervisory Leadership Institute shall receive an additional
$50 per month for each certificate to a maximum of$100 per month.
ARTICLE XIV -- RETIREE MEDICAL PROGRAM
Medical benefits for retired members shall be provided as described in Exhibit B subject
to modification pursuant to the process described in Article IV herein.
ARTICLE XV -- MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the Chief of Police retains all rights,
powers and authority with respect to the management and direction of the performance
of police services and the work forces performing such services, provided that nothing
herein shall change the City's obligation to meet and confer as to the effects of any
such management decision upon wages, hours and terms and conditions of
employment or be construed as granting the Chief of Police or the City the right to
make unilateral changes in wages, hours and terms and conditions of employment.
Such rights include, but are not limited to, consideration of the merits, necessity, level or
organization of police services, including establishing manning requirements, overtime
assignments, number and location of work stations, nature of work to be performed,
contracting for any work or operation, reasonable employee performance standards,
PMAMOU.DOC 14 06/30/98 9:20 AM
POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
including reasonable work and safety rules and regulations in order to maintain the
efficiency and economy desirable for the performance of City services.
ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect for a term commencing on
January 1, 1998, and ending at midnight on December 31, 2000. Except as expressly
provided herein, no further improvements or changes in the salaries and monetary
benefits of the employees represented by the Association shall take effect during the
term of this Agreement unless agreed upon by the City and the Association. It is
understood that the parties are continuing to meet and confer regarding non-monetary
matters such as Personnel Rules changes. Any matters agreed upon resulting from
such meeting and conferring will be the subject of a separate addendum to this
Agreement.
ARTICLE XVII -- 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 , 1998.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION
re�-Qty Administrator
PersoV,Lvi7 nn 7 rector
, - -
Ch f of Police
APPROVED AS TO FORM:
City Attorney
PMAMOU.DOC 15
POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
Effective
July 1, 1998
Step
Job Code Classification Range A B C D E
4701 Police Captain 577 $6,721 $7,091 $7,481 $7,891 $8,325
4701 Police Lieutenant 546 5,754 6,071 6,406 6,758 7,129
3360 Police Sergeant 492 4,395 4,638 4,893 5,1611-5146
Effective
January 8, 2000
Step
Job Code Classification Range A B C D E
4701 Police Captain 583 6,921 7,303 7,705 8,129 8,577
4701 Police Lieutenant 552 5,931 6,257 6,602 6,964 7,347
3360 Police Sergeant 498 4,529 4,779 5,042 5,320 5,613
Effective
April 1, 2000
Step
Job Code Classification Range A B C D E
4701 Police Captain 589 7,133 7,524 7,939 8,375 8,837
4701 Police Lieutenant 558 6,110 6,446 6,801 7,176 7,571
3360 Police Sergeant 504 4,668 1 4,924 5,195 5,481 1 5,782
PMAMOU.DOC 16 06/30/98 8:58 AM
EXHIBIT B
CITY OF HUNTINGTON BEACH
RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shalt 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:
I. 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 retiree's 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.
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
PMAMOU.DOC -17- 06/29/98 2:42 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
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.
SCHEDULE OF BENEFITS
A. Minimum Eligibility 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.
PMAMOU.DOC 18 06/29/98 2:42 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
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), 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 10/1/92
10 $ 121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
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.
PMAMOU.DOC 19 06/29/98 2:42 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES'
Benefits' City Plan, Employees City Plan
Non-Subsidized Retirees, Subsidized Retiree Plan
COBRA-Eligibles
Deductible per Person $150 $200
Deductible per Family $450 $500
Maximum Out of Pocket $1,000 per person $1,500 per person
$2,000 per family $3,000 per family
Note: Retirees who elect to participate in Health Net or Family Health Plan (FHP) shall
be entitled to benefits of the program chosen.
' This summary lists 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.
PMAMOU.DOC 20 06/29/98 2.42 PM
EXHIBIT B
CITY OF HUNTINGTON BEACH
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eli ibili
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.
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 "other" medical plan benefit
provisions are comparable to the guidelines under B above.
c. Miscellaneous Provisions:
PMAMOU.DOC -21- 06/29/98 2:42 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
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.
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.
7. When a retiree becomes 65 and has eligible dependents under 65,
said dependents are eligible to exercise COBRA rights.
S. 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.
PMAMOU.DOC 22 06/29/98 2:42 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
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.
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
PMAMOU.DOC 23 06129M 2:42 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
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.
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 (60) days shall be terminated from the Plan and
shall not have reinstatement rights.
PMAMOU DOC 24 06129198 2:42 PM
EXHIBIT C
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 list shall be established after the administration of a
promotional examination, and such list shall contain the name(s) of those that
passed the 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 (aid 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.
PMAMOU.DOC 25 06/29/98 2:42 PM
EXHIBIT C
PERSONNEL RULE CHANGES
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.
PMAMOU.DOC 26 06/29/98 2:42 PM
EXHIBIT C
PERSONNEL RULE CHANGES
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 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.
PMAMou.00c 27 06/29/98 2:42 PM
Res. No. 98-56
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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 6th day of July, 1998 by the following vote:
AYES: Julien, Green, Dettloff, Bauer, Garofalo
NOES: Harman, Sullivan
ABSENT: None
r
City Clerk and ex.-officio CloW of the
City Council of the City of Huntington
Beach, California
G/resolutUresbkpg/97-80