HomeMy WebLinkAboutCity Council - 98-57 RESOLUTION NO. 98-57
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE POLICE OFFICERS ASSOCIATION(POA)
AND
THE CITY OF HUNTINGTON BEACH FOR 1/1/97 - 9/30/00
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 Officers Association(POA), 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 October 1, 1997 through
September 30, 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.
May
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INI P) A D P OVED.-
r Administrator puty City A iiX strator/
Administrative Services
SF/s:PCD:Resol:P0A-M0U
RLS 98-405
POA MOU
TABLE OF CONTENTS
PREAMBLE..................................................................................................................................................................................I
ARTICLEI-TERM OF MOU...................................................................................................................................................I
ARTICLE II-REPRESENTATIONAL UNIT/CLASS............................................................................................................1
ARTICLE III-MANAGEMENT RIGHTS...............................................................................................................................3
ARTICLE IV-EXISTING CONDITIONS OF EMPLOYMENT...........................................................................................3
ARTICLEV-SEVERABILITY.................................................................................................................................................3
ARTICLE VI-SALARY SCHEDULE AND PERS PICKUP.................................................................................................3
ARTICLE VII-SPECIAL PAY........................................................................ ...........................4
A.POLICE EDUCATIONAL INCENTIVE PLAN....................................................................................................................................4
B.FLIGHT PAY................ ........ ...............................................................................................................................................5
C. CERTIFIED FLIGHT INSTR_UCTO_RS...............................................................................................................................................5
D.SmFT DIFFERENTIAL-NON SWORN...........................................................................................................................................5
E. SENIOR OFFICER PROGRAM.................................................................................--..................................................................5
F.MOTOR PAY. ..............................................................................................................................................................................6
G.SPECIAL CERTIFICATION- SKILL PAY............................................I..........I....................................................................... ..6
1, Bilingual Skill........................................................................................................................................................................6
2. Nurse Employees Certification ..........................................................................................................................7
H.HOLIDAY PAY.............................................................................................................................................................................7
I. FTO COMPENSATION...................--....................................................................... ..................................................7
.. ....
J.K-9 CoMPr;NSATION....................................................................................................................................................................7
ARTICLE VIII-UNIFORMS,CLOTHING,TOOLS AND EQUIPMENT..........................................................................7
A. UNIFORMS.................................................................... ........7
.......................... ............. ............. ............. ........................... .
B.EQUIPMENT/SPECIAL UNIFORM NEEDS......................................................................................................................................8
C.MOTORCYCLE BRITCHES...—...--..............................................................................................................................................8
ARTICLE IX-HOURS OF WORK/OVERTIME....................................................................................................................8
A. SHIFTS DEFINED.....................................---......................................................................-....................................................a
RTEN PLAN................................................................................... -............................................................................................8
C.OVERTIME...................................................... ....8
1. Com ensato ,Time..... ................8
2. fVork Time...................................................................... ...9
3. Court Sta_ndbV Time.......................... .......................9
4. Holidlys Worked.....................
5. Court Appearance Time.......................................................................................................................................................10
6. Non-Court Standby Ti_me.....................................................................................................................................................10
7. Call Back..... .... ..................................................................................10
8. Pay In Lieu of Compensatory Time........................ .....70
D.WEEKEND MILITARY DRILLS...................................................................................................................................................10
ARTICLE X-HEALTH AND OTHER INSURANCE BENEFITS....................................................................I.................10
A.HEALTH....................................................................................................................................................................................10
1. Medical......................... ..... ................................................................10
2. Dental...................................... .............. ......................_.............................._.......................11
3. Optical............................................ ........_._........................................_._.............._._...........11
4. Elikibility Criteria and Cost....................... ......---..........,................,.......................................
...11
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TABLE OF CONTENTS
b.Dependent Health Coverage......................................................................................................................................................I.........12
c.Medical Plan Chances Effective January 1,4494 1994......................................................................................................................12
d.Plan Deductibles..................................................................................................................................................................................12
f.Chiropractic Services...........................................................................................................................................................................12
B.LIFE INSURANCE.......................................................................................................................................................................13
C.INCOME PROTECTION PLAN..................................................................................................... ...................14
D.MISCELLANEOUS......................................................................................................................................................................14
ARTICLEXI-RETIREMENT................................................................................................................................................15
A. BENEFITS..................................................................................................................................................................................15
1. CHP Retirement Plan........ ...... ............. .......15
2. Sel�unded Supplemental Retirement Ben eRt....................................................................................................................15
3. PERS Rollover................... ........................................................................................................................15
4. Medical Insurance for Retirees............................................................................................................................................15
ARTICLEXII-LEAVE BENEFITS........................................................................................................................................16
A.VACATION.......................................... ............................................................................................................................16
1. Anniversary Date..................... .....................................................................................................16
2.Annual Vacation..................................................................................................................................................................16
3. Vacation Allowance................................................................................................................................ ...........................16
4. Eliizih ility and Permission..........................................................................................................................................—.,.....17
5. Vacation- When Taken..................................................................................................................... .......17
............................
6. Terminal vacation Pay................................................................................................................................................I.......17
7. Receipt of Vacation Pay......................................................................................................................... ............17
8. Conversion to Cash............................................................................................................................................................ 17
B.HOLIDAYS.................................................................................................................................................................................17
C. SICK LEAVE..............................................................................................................................................................................18
D.BEREAVEMENT LEAVE........................................................ ..18
...................................................................................................
E.ASSOCIATION BUSINESS............................................................................................................................................................18
ARTICLEXIII-CITY RULES................................................................................................................................................1.8
ARTICLE XIV-MISCELLANEOUS......................................................................................................................................19
A.MEAL ALLOWANCE..................................................................................................................................................................19
1. Per Diem..............................................................................................................................................................................19
2. Per Diem Schedule.......................... ........ ................... ......19
B.MILEAGE ALLOWANCE.............................................................................................................................................................19
ARTICLE XV-CITY COUNCIL APPROVAL.....................................................................................................................21
EXHIBIT A-POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE....................................................................22
EXHIBIT B-GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME......................................................24
EXHIBITC............................................................................................... ..........................26
RETIREESUBSIDY MEDICAL PLAN..................................................................................................................................26
SCHEDULEOF BENEFITS.....................................................................................................................................................27
A. Minimum Elijzihilitv for Benefits ...........................................................................27
B- Disahility Retirees.......................... .................................................... .........................27
C. Maximum Monthly Suhs0dy Payments................................................................................................................ ................28
INDEMNITY HEALTH PLAN,EMPLOYEESIRETIREES.................................. .............................29
.................................
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS.....................................................................29
A- Eligibility....................... —............... --...................................................................................-...........................................-- 29
B.BENEFITS........................................................................................... ...........................30
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TABLE OF CONTENTS
C. SUBSIDIES........................................................ ..........................31
D.MEDICARE................................................................................................................................................................................31
E.CANCELLATION ......................................................................................................32
EXHIBIT D- EMPLOYEE HEALTH PLAN..........................................................................................................................34
EXHIBIT E-DELTA CARE(PMI)BROCHURE.................................................................................................................35
EXHIBIT F-DELTA DENTAL BROCHURE........................................................................................................................36
EXHIBIT G-VISION CARE(VSP)BROCHURE.................................................................................................................37
EXHIBIT H-PERSONNEL RULE CHANGES.....................................................................................................................38
A. RULE 5-14, PROMOTIONAL EXAMINATIONS....................-.......................................................................................................38
B.RULE 5-20,DURATION OF EMPLOYMENT LISTS.......................................................................................................................38
C.RULE 8-3 LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE..............................................................................................38
D. RULE 8-11,RE-EMPLOYMENT..................................................................................................................................................38
E.RULE 18-19 MATERNITY LEAVE.............................................................................................................................................39
F.RULE 19-5, STEP 4,CITY ADMINISTRATOR...............................................................................................................................39
G.RULE 19-5(B).HEARING..........................................................................................................................................................39
H.RULE 21-7,HEARING OFFICERS. . ...........................................................................................................................................39
I.RULE 21-12,TIME,ExTENSION OF............................................................................................................................................40
EXHIBIT I-INCOME PROTECTION PLAN.......................................................................................................................4I
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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, 1997, and it is agreed as follows:
ARTICLE I -TERM OF MOU
This Memorandum of Understanding (MOU) shall be in effect for a term commencing on
October 1, 1997, and ending at midnight on September 30, 2000. 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 specifically provided herein for the
employees represented in the unit. Provided, however, the City and ASSOCIATION shall,
upon request, meet and confer to address issues not specifically covered by provisions of
this MOU, and/or discussed during the meet and confer process immediately preceding the
adoption of the current MOU.
ARTICLE II - REPRESENTATIONAL UNIT/CLASS
A. It is recognized that the Huntington Beach Police Officers' Association is the
employee organization which has the right to meet and confer in good faith with the
CITY on behalf of employees of the Huntington Beach Police Department within the
classification titles as outlined in Exhibit A attached hereto and incorporated herein.
B. The CITY and the ASSOCIATION have agreed to a procedure whereby the CITY, by
and through the Personnel Director, would be entitled to propose a Unit Modification.
The ASSOCIATION and the CITY agree to jointly recommend a modification of the
City of Huntington Beach Employer-Employee Relations Resolution (#3335) upon the
CITY's having completed its obligation to meet and confer on the issue with all other
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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.
The proposed change to the Employer-Employee Relations Resolution is as follows:
1. 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 Director's proposal for unit modification,
any affected employee organization shall be afforded not less than thirty
(30) days to receive input from its members regarding the proposed change
and to formulate a written and/or oral response to the motion for unit
modification to the Personnel Commission;
c. The Personnel Commission shall conduct a noticed Public Hearing
regarding the motion for unit modification at which time all affected
employee organizations and other interested parties shall be heard. The
Personnel Commission shall make a determination regarding the proposed
unit modification which determination may include a granting of the motion,
a denying of the motion, or other appropriate orders relating to the
appropriate creation of bargaining units. Following the Personnel
Commission's determination as toYthe 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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ARTICLE III - MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the Chief of Police retains all rights,
powers and authority with respect to the management and direction of the performance of
police services and the work forces performing such 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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C. Each sworn employee covered by this agreement shall be reimbursed an amount
equal to 9% of the employees part of their PERS contribution. The above PERS
pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal
Revenue Code.
ARTICLE VII - SPECIAL PAY
A. Police Educational Incentive Plan
1. The Educational Incentive Plan shall be continued for sworn personnel as
follows, except that no more than thirty (30) units of approved life-experience
credits may be accepted toward educational incentive pay:
Education Years of College
Incentive POST College Maximum HBPD Units
Level Certificate Units Training Service Required Monthly
Annually Amount
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.
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e. After 120 units of B.A. or POST approved training points may be
substituted for college units without limit.
f. Repeat college courses credited as determined by the college.
g. Repeat POST approved seminars, institutes, etc., credited as determined
by the Chief of Police.
h. All college units require grade of"C" or better to qualify.
i. 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. Flies - Employees assigned to duty as helicopter flight personnel shall receive
$370 per month in addition to their applicable salary.
C. Certified Flight 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 designation 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.
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The maximum number of Senior Officers within the Police Department shall be sixty-
three (63).
F. Motor Pay:
1. Employees assigned to motorcycle duty shall receive a flat rate of $300 per
month for hazardous duty pay.
2. Employees may drive their motorcycle to and from their residence to their
place of work if such travel does not exceed 200 miles per week excluding
overtime.
3. In consideration of the motor officers receiving the foregoing compensatory
duty pay, the ASSOCIATION agrees that any time spent on maintenance
and/or cleaning of motorcycles, as described below, while off duty and away
from their place of employment is not considered to be time worked for
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 Pa
1. Bilin ual Skill - Qualified employees who meet the criteria will be paid a
monthly pay differential of v% 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:
1) A need for the employee to use the language in the City to support
the implementation of police operations.
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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 VIIl - 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
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
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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. Equipment/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 IX - HOURS OF WORK/OVERTIME
A. Shifts Defined - Employees will be considered as assigned to the afternoon shift (4:00
P.M. to 2:00 A.M.) or the night shift (9:00 P.M. to 7:00 A.M.) when five (5) or more
hours of their regularly assigned shifts occur in the afternoon or night shift as defined
herein.
B. Ten Plan
1. The work schedule agreed to by the CITY and the ASSOCIATION during
negotiations has been fully implemented and shall remain in effect during the
life of this agreement unless changes are agreed to by the ASSOCIATION and
the CITY.
2. Employees are entitled to work four (4) days per week, ten (10) hours each
day, meal times to be included during the ten (10) hour shift.
C. Overtime - Employees shall receive time and one half their salary rate for all time
worked in excess of 40 hours during any given payroll week.
1. Compensatory Time - Federal law controls the use of compensatory time off.
Title 29 U.S. Code 207(0) allows the employer and employee representative to
establish a compensatory time off bank which allows overtime payment of the
employer to be deferred. Accordingly, the parties agree to establish such a
bank with the maximum limit of 120 hours.
The employee's right to use compensatory time off may be restricted if the
requested use is "unduly" disruptive. Parties agree that use of compensatory
time off at the following times will be unduly disruptive:
a. At any time when the request for compensatory time off request presents
an officer's safety problem by going below shift minimum as presented by
City in the meet and confer process.
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b. Demands for employee's services meet or exceed the department's full
staffing capabilities such as the Fourth of July Holiday, Memorial Day
Holiday, Labor Day Holiday or events similar in so far as staffing needs are
concerned.
c. In addition to the above, other events which may be designated as unduly
disruptive may be agreed upon by the City and the Association.
d. The Association, its officers, agents, representatives and/or members
agree that during the term of this MOU they will not call, engage in,
request or condone the use of compensatory time off for any strike,
walkout, work stoppage, job action, slowdown, sick-out, blue flu,
withholding of services or other interference with City operations, or honor
any job action by any other employee of the City, employee organizations,
or employees of any other employers by withholding or refusing to perform
services. In the event that the Association, its officers, agents,
representatives, and/or members engage in any of the conduct prohibited
herein above, the compensatory time off provision of this MOU shall
sunset and thereafter overtime hours shall be compensated at the
employee's overtime rate.
e. In addition, this provision shall sunset on the last day of this MOU.
Nothing herein shall be construed to prevent the parties to agree to place
these provisions in a successor MOU.
f. To the extent that these provisions are inconsistent with the Settlement
Agreement in HBPOA, et al. v. City of Huntington Beach, et al. Case No.
CV 92-6265 CMB (Shx) said settlement agreement is superseded.
Provisions not so superseded shall not be affected by the agreement.
2. Work Time - For the purpose of computing the 40 hour week, the following
shall be included in determining the eligibility for time and one half overtime
pay.
a. Sick leave.
b. Vacation time taken during the work week.
c. Compensatory time off taken during the work week.
d. Any othr paid leave time taken during the work week.
3. Court Standby Time - Employees required to be on standby for a court
appearance during other than their scheduled working hours shall receive a
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minimum of two hours straight time pay (including differentials in Article VI I) 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 Appearance Time- Employees required to appear in court during other
than their scheduled working hours shall receive a minimum of three hours pay
at time and one half; provided, however, that if such time overlaps with the
employee's scheduled working hours, said premium rate shall be limited to
those hours occurring prior to or after the employee's scheduled work time.
6. Non-Court Standby Time- An employee who is placed on standby status by his
supervisor shall receive four hours straight time pay for each 24 hour period of
standby status.
Court standby time shall be specifically excluded for the purpose of computing
the 40-hour work week.
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.
B. 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. Inasmuch as the compensatory time account for each employee has
been credited at the rate of time and one-half for each hour worked, payment
when requested under this section shall be at the straight time hourly rate in
effect at the time the request is made.
D. Weekend Military Drills - The City shall continue to pay for weekend military drills for
employees hired prior to July 1, 1988 and currently belonging to federal military
reserve units. All other employees shall be granted rights in accordance with all
applicable state and federal laws.
ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS
A. Health:
1. Medical:
a. The CITY shall continue to provide group medical benefits to all employees
with coverage and other benefits comparable to the group medical plan
currently in effect.
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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. 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:
MEaNT`HL.Y. HEAL H
PRI*IIIUMS�', P1A1�6 NEJ PACIfF'ICARE 17 VTAlr CARE S FEG�1ARCt :: .�Vas� n
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 $61(l0 $a44 00 r0 $544 $99 00 $ . . : $99.£}fl
' 1998 Rates are listed-City"cap"would be current 2000 rates.
"" Composite rate
c. Employee 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 Premium - 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.
0032328.01 11 07/01/98 11:01 AM
POA MOU
e. Dependent Health Coverage - The CITY will assume payment for
dependent health insurance, subject to paragraph 4d 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. Medical Plan Changes Implemented by City Council Action
January 27, 1997:
1} Prescription Program - Employees shall be required to obtain the
generic drug, if available, unless the physician specifically prescribes a
brand name drug. If the physician does not authorize a generic
substitution, the employee is responsible only for the higher co-
payment cost. If the employee requests the brand name drug, he/she
will pay the difference between the generic and the brand name cost
in addition to the co-payment cost.
2) Outpatient Surgery - The plan will pay ninety percent (90%) for PPO
providers and seventy percent (70%) for non-PPO providers of
allowable, usual, customary and reasonable charges after the annual
deductible has been met. This applies to outpatient surgical facilities,
outpatient services in a hospital, surgeons, anesthesiologist and all
pre-admission testing.
3) Elective _Surgeries - Due to advances in medical technology, the
current Second Surgical Opinion is outdated. The Plan shall require
that the attending physician call OCPPO on all proposed, elective
surgeries for a determination of second surgical opinion requirements.
OCPPO will have the authority to waive or require a second 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 one hundred percent (100%) and not
subject to the deductible.
4) Subsidized Retiree Medical - Benefits to be paid at the rate of ninety
percent (90%) for PPG's and seventy percent (70%) for Non-PPG's of
allowable, usual, customary and reasonable charges after the annual
deductible has been met.
g. 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.
h. Chiropractic Services - Chiropractic limits are provided under major medical
to a maximum of 24 treatments or $2,000 per year.
0032328.01 12 07101/98 11:01 AM
POA MOU
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
additional $10,000 of life insurance may be purchased, at the employee's cost, with
evidence of insurability.
0032328.01 13 07101/98 11:01 AM
POA MOU
C. Income Protection Plan
1. The existing long term disability program provided by the ASSOCIATION shall
remain in effect for all unit employees. This program provides, for each
incident, pay up to sixty (60) calendar days at the employee's salary rate
(excluding overtime, but including any special pay in effect at the time of illness
or injury). After the sixty (60) calendar day period, the employee will be
covered by an insurance plan paid for by the CITY which will provide 66 213
percent of the employee's salary rate (excluding overtime and any special
pay).
Disability Due to Accident Disability Due to Illness
First 60 Days Regular Pay Regular Pay
Next 24 Months 66 213% of Base Pay Same
To Age 65 66 2/3% 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 2/3% of
difference between regular pay and pay of other occupation.
4. Survivors benefit continues plan payment for three (3) months beyond death.
5. The program shall be subject to the terms and conditions contained in the
agreement between the parties attached hereto and incorporated herein as
Exhibit "I".
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.
0032328.01 14 07/01198 11:01 AM
POA MOU
ARTICLE XI - RETIREMENT
A. Benefits:
I. CHP Retirement Plan - The CITY will provide, for all safety personnel
represented by the ASSOCIATION whose retirement is effective or whose
death occurs after July 1, 1978, Public Employees' Retirement System
retirement benefits computed by utilizing the two percent at age fifty (50)
formula commonly referred to as the California Highway Patrol (CHP)
Retirement Plan.
2. Self-Funded Supplemental Retirement Benefit - In the event a PERS member
elects Option #2 (Section 21333) of the Public Employee's Retirement law, and
the member is a unit employee who was hired before the adoption of this
MOU, 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. All unit employees hired after the adoption of
this MOU shall not be eligible for this benefit. (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
0032328.01 15 07/01198 11:01 AM
POA MOU
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 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:
0032328.01 16 07101/9811:01 AM
POA MOU
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.
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 year.
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 Pa - 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. It is the intent of the
parties that employees will take vacation during the current year.
B. Holidays - The following are the recognized legal holidays under this MOU:
1. New Year's Day (January 1)
2. Martin Luther King's Birthday (third Monday in January)
0032328.01 17 07/01198 11:01 AM
POA MOU
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veteran's Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a national
holiday, or by the Governor of the State of California to be a state holiday, and
adopted as an employee holiday by the City Council of 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
0032328.01 18 07101/98 11:01 AM
POA MOU
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.
ARTICLE XIV - MISCELLANEOUS
A. Meal Allowance:
1. Per Diem - Employees shall be entitled to per diem under the following
circumstances:
a. Personnel are on work assignments, attending seminars, meetings or
training sessions which extend beyond their normal work hours or require
lodging. 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. Milea a Allowance:
1. The CITY shall reimburse employees for the use of personal automobiles at
the rate of 26�c 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.
0032328.01 19 07101/9811:01 AM
POA MOU
C. Weapon Vesting:
Unit 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 folly vested with ownership.
0032328.01 20 07/01/98 11:01 AM
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 13thday of June , 1998.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
w
., ,Raymond R. Silver estop r Tatar
City Administrator OA Preside t
By: L& By.
Ronald E. Lo enberg Richard Wright
Chief of Policb POA Representative
�'�ZaBy: - --= _ By: L Z —
William H. Osness Thomas Gilligan
:�*
Personnel Director
51,
By: By:
r J. Mc Erlain M k Reid
e C ptain OA Negotiator
aniel Cassidy
Chief Negotiator
APPROVED AS TO FORM
BY
Gail Hutton
City Attorney
0032328.01 21 07/01/98 3:55 PM
POA MOU
EXHIBIT A
CITY OF HUNTINGTON BEACH
POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE
EFFECTIVE APRIL 1, 1998
. •
Code Classification • ' B C ■
4334 Police Recruit 372 2416 2549 2690 2837 2993
4332 Police Officer 445 3477 3667 3868 4082 4307
4333 Police Officer Sr. 457 3692 3894 4109 4335 4574
6370 Comm. Operator 407 2879 3036 3203 3380 3565
6372 Comm. Supervisor 434 3293 3473 3664 3865 4078
4325 Detention Officer 415 2993 3158 3331 3515 3709
4324 Detention Officer Nurse 423 3118 3289 3470 3660 3861
4326 Detention Officer Senior 431 3241 3419 3608 3806 4016
0032328.01 -22- 07/01198 11:15 AM
POA MOU
EFFECTIVE JANUARY 8, 2000
. .
r • - Classification • -
4334 Police Recruit 378 2492 2629 2773 2925 3087
4332 Police Officer 451 3581 3778 3986 4206 4439
4333 Police Officer Sr. 463 3802 4012 4232 4465 4711
6370 Comm. Operator 413 2964 3126 3298 3480 3671
6372 Comm. Supervisor 440 3392 3579 3776 3984 4203
4325 Detention Officer 421 3087 3256 3435 3624 3823
4324 Detention Officer Nurse 429 3210 3386 3572 3768 3976
4326 Detention Officer Senior 437 3341 3525 3719 3924 4140
EFFECTIVE APRIL 1, 2000
. .
. . .
4334 Police Recruit 384 2567 2707 2856 3014 3180
4332 Police Officer 457 3692 3894 4109 4335 4574
4333 Police Officer Sr_ 469 3922 4137 4364 4603 4856
6370 Comm. Operator 419 3055 3224 3400 3588 3785
6372 Comm. Supervisor 446 3494 3686 3889 4102 4328
4325 Detention Offices 427 3180 3355 3539 3733 3938
4324 Detention Officer Nurse 435 3308 3490 3683 3886 4099
4326 Detention Officer Senior 443 3444 3633 3832 4043 4265
0032328.01 23 07/01/98 11:16 AM
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 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.
' 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.
0032328.01 24 07/01198 11:01 AM
POA MOU
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.
I 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.
0032328,01 25 OTI01198 11:01 AM
POA MOU
EXHIBIT C
RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in
an amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (1 Q) years of continuous
City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one
of the following:
1. During any period the retired employee is eligible to receive or receives
health insurance coverage at the expense of another employer, the
payment will be suspended. "Another employer" as used herein means
private employer or public employer or the employer of a spouse. As a
condition of being eligible to receive the premium contribution as set forth in
this plan, the City shall have the right to require any retiree to annually
certify that the retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered that a
misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the 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 set forth in this plan shall first be
applied to the mandatory plan. If there is any excess, that excess may be
0032328.01 26 07/01/98 11:01 AM
POA MOU
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.
0032328.01 27 07/0119811:01 AM
POA MOU
C. Maximum Monthly Subsidy Pa ments - 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 10/1192
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.
0032328.01 28 07/01198 11:01 AM
POA MOU
INDEMNITY HEALTH PLAN, EMPLOYEESIRETIREESI
Benefits City Plan - Employees City Plan - Subsidized
Non-Subsidized Retirees Retirees
COBRA-eligibles
Deductible per person $150 $200
Deductible per family $450 $500
Maximum Out of Pocket $1000 per person $1500 per person
$2000 per family $3000 per family
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 PLANIMISCELLANEOUS 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.
0032328.01 29 0710119811:01 AM
POA MOU
2) No major medical benefits
3) Annual deductible is $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the "other" medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under B above.
c. Miscellaneous Provisions:
1. Benefits provided under the Retiree Subsidy Medical Plan will
be coordinated with the "other" medical plan as the primary
carrier.
2. The City shall have the right to require any retiree to provide a
copy of the "other" medical plan policy for review by the
Risk Manager.
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.
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.
0032328.01 30 07101/98 11:01 AM
POA MOU
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.
July 1 1988: Non-Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
D. Medicare:
I. 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
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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.
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.
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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.
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EXHIBIT D
EMPLOYEE HEALTH PLAN DOCUMENT
A copy of the Employee Health Plan Document
may be obtained from the
Insurance and Benefits Division
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EXHIBIT E
DELTA CARE PLAN BROCHURE
A copy of the Delta Care Plan Brochure
may be.obtained from the
Personnel Division
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EXHIBIT F
DELTA DENTAL PLAN BROCHURE
A copy of the Delta Dental Plan Brochure
may be obtained from the
Personnel Division
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EXHIBIT G
VISION CARE PLAN BROCHURE
A copy of the Vision Care Plan Brochure
may be obtained from 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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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, 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.
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1. 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.
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EXHIBIT I
INCOME PROTECTION PLAN
This is to memorialize an agreement between the city of Huntington Beach (City) and the
Huntington Beach Police Officers' Association (HBPOA) regarding authorizing the HBPOA to
administer its own Long Term Disability (LTD) insurance program providing the following
conditions are adhered to:
1. The City and HBPOA agree that the City shall no longer provide a City sponsored LTD
Insurance Program.
2. HBPOA shall contract with an insurance provider for LTD insurance for the employers
represented by the HBPOA.
3. The City shall pay to HBPOA for the cost of LTD premiums not to exceed $38 per month
per occupied covered position represented by HBPOA.
4. Non-dues paying represented employees shall be covered by the LTD Policy at the same
premium rate as dues paying represented employees.
5. City payment to HBPOA is to be made for each represented employee per month based
on the bi-weekly payroll.
6. HBPOA shall pay the insurance company for the cost of premiums and any changes
incurred for administering the program.
7. HBPOA shall provide the City with a monthly listing of covered employees.
8. No self-funding/self-insurance of LTD benefits is permitted under this agreement.
9. The insurance provider shall provide documentation to the City as follows:
A. An annual certification of the Plan on each anniversary the Plan is in effect which will
include:
1. A copy of the most current audited financial statements;
2. A copy of the latest actuarial report which should be completed by an independent
"Fellow of the Society of Actuaries";
3. A copy of the in-force re-insurance Policy;
4. A statement certifying that premiums collected are for LTD benefits for HBPOA
represented employees only;
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Res. No. 98-57
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 6th day of July, 1998 by the following vote:
AYES: Julien, Green, Dettloff, Bauer, Garofalo
NOES: Harman, Sullivan
ABSENT: None
City Clerk and ex-officio 61erk of the
City Council of the City of Huntington
Beach, California
G/resoluti/resbkpg/97-84