HomeMy WebLinkAboutCity Council - 2000-116 RESOLUTION NO. 2000-116
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION
AND
THE CITY OF HUNTINGTON BEACH FOR THE TERM OF
JANUARY 1, 2001, TO DECEMBER 31, 2003
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, 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 1,2001,to December 31, 2003.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 4th day of DeceMber 2000.
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk oo C,ty, ttorney . !
REVIEWED AND APPROVED: INITIATED AND APPROVED:
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City Ad nlstrator Directop&Administrative Services
adll00resoft ice Management MDU
RLs 2000-1093-12-01-00
Res. No.2000-116
Res. No.2000-116
POLICE MANAGEMENT ASSOCIATION
2001-2003 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
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:..........................................................................................................................................................6
ARTICLE V--BEREAVEMENT LEAVE...............................................................................................................6
ARTICLE VI--SPECIAL PAY AND ALLOWANCES .........................................................................................7
A. AUTO ALLOWANCE:..............................................................................................................................................7
B. FLIGHT PAY.................... .....................................................................................................................................7
.
C. MOTOR PAY:................................ .......................... .............................................................................................7
D. BILINGUAL PAY....................................................................................................................................................8
E. UNIFORM ALLOWANCE.........................................................................................................................................8
F_ COURT STANDBY TIME.........................................................................................................................................9
G. HOLIDAYS WORKED..........................................................................................................................1......I...........9
H. COURT APPEARANCE TIME...................................................................................................................................9
I. NON-COURT STANDBY TIME................................................................................................................................9
I. CALL BACK...................... ...................._.............._....................................................................................9
K. PAY IN LIEU OF COMPENSATORY TIME.................................................................................................................9
L. MEAL ......................
ALLOWANCE'. .......................................................................................................................9
M. MILEAGE ALLOWANCE.......................................................................................................................................10
N. TELEPHONIC BUSINES.........................................................................................................................................10
ARTICLE VII--DRUG TESTING.........................................................................................................................10
ARTICLE ViII—LEAVE BENEFITS.....................................................................................................................10
A. ANNIVERSARY DATE .........................................................................................................................10
B. GENERAL LEAVE.........................................................................................................._.....................................10
C. SICK LEAVE........................................................................................................................................................12
D. SICK LEAVE UPON PROMOTION..........................................................................................................................12
ARTICLEIX SICK LEAVE PAY..........................................................................................................................12
ARTICLE X--MISCELLANEOUS PROVISIONS..............................................................................................13
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Res. No.2000-116
POLICE MANAGEMENT ASSOCIATION
2001/2003 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
PAGE
A. RE-OPENER.........................................................................................................................................................13
B. FLEET MANAGEMENT PROPOSAL........................................................................................................................13
C. PERSONNEL RULE CHANGES...............................................................................................................................13
D. WEAPONS VESTING..........................................................................................................................................-13
E. ASSOCIATION BUSINESS......................................................................................................................................13
F. DEFERRED COMPENSATION LOANS.....................................................................................................................13
G. TEN PLAN-FLEX WORK SCHEDULE..................................................................................................................14
ARTICLEXI--HOLIDAYS....................................................................................................................................14
A. HOLIDAYS WITH PAY(CAPTAINS AND LIEUTENANTS)........................................................................................14
B. HOLIDAY COMPENSATION..................................................................................................................................14
ARTICLE XII--OVERTIME/TIME OFFITEN PLAN........................................................................................15
A. 4-10 PLAN...........................................................................................................................................................15
B. EXEMPT EMPLOYEES(CAPTAINS AND LIEUTENANTS)........................................................................................15
C. TIME AND ONE HALF(SERGEANTS)....................................................................................................................16
D. COMPENSATORY TIME IN LIEU OF OVERTIME(SERGEANTS................................................................................16
ARTICLE XIII--EDUCATIONAL PAY...............................................................................................................16
A. PROFESSIONAL ACHIEVEMENT REWARD PROGRAM............................................................................................16
B. EDUCATIONAL INCENTIVE PLAN(SERGEANTS)...................................................................................................16
ARTICLE XIV--RETIREE MEDICAL PROGRAM ...............................................................................................17
ARTICLE XV-- MANAGEMENT RIGHTS.........................................................................................................17
ARTICLE XVI--TERM OF MEMORANDUM OF UNDERSTANDING.........................................................18
ARTICLE XVII-CITY COUNCIL APPROVAL................................................................................................19
EXHIBIT A-SALARY SCHEDULE.....................................................................................................................20
EFFECTIVEDECEMBER 23,2000..................................................................................................................................20
EFFECTIVEDECEMBER 22,2001 ......................................................................................................................
EFFECTIVEDECEMBER 21,2002..................................................................................................................................21
EFFECTIVE MAY 24,2003................................................................................................ ......21
......................................
EXHIBITB................................................................................................................................................................22
EXHIBITC................................................................................................................................................................29
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MEMORANDUM OF UNDERSTANDING Res. No.2000416
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, 2001 and end on December 31, 2003.
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.
Res. No.2000-116
C. The City and PMA agree that new employees shall not be eligible for the "Self-
Funded Supplemental Retirement Benefit" (as described in Article XI, Paragraph
A.2 of the Police Officers' Association 1997/2000 Memorandum of
Understanding).
D. Effective on or before June 30, 2001, the City shall amend its contract with
PERS to implement the "3% at age 50" retirement formula set forth in California
Government Code Section 21362.2 for all safety employees represented by the
Association. At the present time, based upon actuarial studies conducted by
PERS, the City is not required to make any retirement contributions with respect
to employees represented by the Association. If, at any time after the
implementation of the 3% at age 50 formula the City is required to make
retirement contributions with respect to employees represented by the
Association, the amount with respect to which each employee is reimbursed
pursuant to Article III.B shall be reduced by a percentage equal to one-half of the
percentage of compensation earnable the City is required to pay in retirement
contributions to PERS, not to exceed 2.25%. For example, if the City is required
to contribute an amount equal to 2% of each employee's "compensation
earnable," the amount of the reimbursement set forth in Article 111.E shall be
reduced from 9% of the employee's compensation earnable to 8% of the
employee's compensation earnable. If, on the other hand, the City is required to
contribute an amount equal to 8% of each employee's "compensation earnable,"
the amount of the reimbursement set forth in Article III.B shall be reduced to
6.75% of the employee's compensation earnable.
E. The City agrees to provide PERS Level III 1959 Survivor's Benefit with PERS
approval.
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.
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Res. No.2000416
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. 2001 Premiums-- The City "caps" its contribution toward employee
monthly health insurance premiums by category and plan at the rate in
effect January 1, 2001 for the year ending December 31, 2001 as set
forth below:
MONTI•#LY CITE' �1�4LTI-� C�E4�A �� �� �F *'!''
FrARn
PREMIUMS ALAI , hIET ENTAL OAEIs�Ora
EMPLOYEE 261.01 170.01 36.99 22.12 16.20 17.58
ONLY
EMPLOYEE 516.14 312.51 70.65 37.61 29.16 17.58
+ ONE
EMPLOYEE 631.94 490.98 100.37 57.51 37.22 17.58
+ FAMILY
b. 2002 Premiums — The City "caps" its contribution toward employee
monthly health insurance premiums by category (employee, employee
+ one, family) and plan (medical, dental, vision) at the rate in effect
January 1, 2002 for the year ending December 31, 2002.
c. 2003 Premiums:
1) Health Insurance Caps — The City "caps" its contribution toward
employee monthly health insurance premiums by category
(employee, employee + one, family) and plan (medical, dental,
vision) at the rate in effect December 31, 2002 for the year
beginning January 1, 2003.
2) Re-Opener —The City and Association agree to re-open discussions
on health cost containment and plan costs on July 1, 2002, for the
year 2003.
d. Dependent Health Coverage — The City will assume payment for
dependent health insurance, subject to paragraph 4a above, effective
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the first of the month following the month during which the employee
completes one (1) year of full time continuous service with the City.
e. City Medical Plan Changes Effective January 1, 2001:
1) One HMO — One HMO (HealthNet) shall be offered.
2) Annual Plan Deductibles —The medical plan deductible shall be two
fifty hundred dollars ($250) per individual with a maximum of five
hundred dollars ($500) per family.
3) Out of Pocket -- Increase the maximum out of pocket from $1,000 to
$2,000 per individual, and $2,000 to $4,000 per family.
4) Preventive Medical Care — Part IX of the Employee Health
Document shall be revised to read as follows:
Benefits will be provided up to $200 per person every year for
preventive medical care. Such care shall include such usual
preventive medical options as an every year physical exam for
adults, yearly PAP tests for females, flu shots, chest x-rays, EKG
and other diagnostic lab tests if certified by the physician that such
procedures are included under a routine physical examination and is
not in connection with the diagnosis or treatment of any illness,
disease or accidental bodily injury.
All well baby exams for an infant for the first year of life will be
allowed and are not subject to the $200 maximum benefit. All
immunizations for infants/adults will be provided and coverage is not
limited to the $200 maximum benefit.
f. Medical Cash Out — Effective January 1, 2001, if an employee is
covered by a medical program outside of a city-provided program
(evidence of which must be supplied to the Administrative Services
Department, Human Resources Division), they may elect to discontinue
City medical coverage and receive two hundred dollars ($200) per
month to deposit into their Deferred Compensation account or any
other pre-tax program offered by the City.
g. Section 125 Plan — Effective January 1, 2001, employees may begin
utilizing this plan, which allows employees to use pre-tax salary to pay
for regular childcare, adult dependent care and/or medical expenses.
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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 thirty (30) 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 thirty calendar day period, the employee will be
covered by an insurance plan paid for by the City which will provide 66
2/3% 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.
b. Rehabilitation benefits are provided in the event the individual, due to
disability, must engage in other occupation. Plan will provide 66 2/3%
of difference between regular pay and pay of other occupation.
c. Survivors benefit continues plan payment for three months beyond
death.
ARTICLE 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.
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Res. No.2000-116
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 PMA, 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 employee's residence.
B. Flight Pay
Employees assigned to duty as helicopter personnel shall receive $500 per
month and those assigned, as Certified Flight Instructors shall receive $800 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.
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.
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
Res. No.2000-116
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.
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.
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POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
Res. No.2000-116
F. Court Standby Time
Police Sergeants required to be on standby for a court appearance during other
than their scheduled working hours shall receive a minimum of three (3) hours
straight time pay for each morning and afternoon court session. Employees will
be paid two (2) hours at straight pay for subpoenas cancelled with less than
twenty-four (24) hours notice.
G. Holidays Worked
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.
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
Res. No.2000-116
a. Personnel with prior knowledge and approval of their supervisor on
work assignments, attending seminars, meetings or training in excess
of a 25-mile radius beyond their normal work station, and which
extends more than one (1) hour beyond their normal work hours or
require lodging.
b. Meeting or training assignments, which include a meal, will be
reimbursed at the actual cost of the meeting or meal, not to exceed the
prorated per diem schedule.
c. Meal expenses other than listed in a or b above may be considered for
reimbursement (receipts required) at the discretion of the Division
Commander.
d. Receipts are not required other than noted above.
2. Per Diem Schedule — $45 per 24 hour period or pro-rated as follows;
breakfast - $10, Lunch - $15, Dinner $20.
M. Mileage Allowance
The City shall reimburse mileage to employees for the use of personal
automobiles at the amount allowed by the most recent Internal Revenue
allowance.
N. Telephonic Busines
Off-duty employees shall be compensated a minimum of fifteen (15) minutes
when telephoned at home regarding departmental business.
ARTICLE Vli -- DRUG TESTING
Unit employees shall participate in a random drug/alcohol testing program as proposed
by the Chief of Police.
ARTICLE VIII —LEAVE BENEFITS
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.
B. General Leave
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Res. No.2000-116
1. Accrual — Effective December 23, 2000, employees will cease to accrue
sick leave and vacation leave, and the Long-Term Disability insurance
waiting period shall be reduced from 60 to 30 days. Instead, employees will
begin accruing general leave at the accrual rates outlined below. General
leave may be used for any purpose, including vacation, sick leave, and
personal leave. Vacation time accrued through December 23, 2000 will be
added to the employee's general leave account effective December 24,
2000. General leave shall be accrued as follows:
Years of Service General Leave Allowance
First through Fourth Year 176 Hours
Fifth through Ninth Year 200 Hours
Tenth through Fourteenth Year 224 Hours
Fifteenth Year and Thereafter 256 Hours
2. Eligibility and Approval — Accrued general leave may be taken after six (6)
months' service, when used as vacation; and at anytime for sick leave
purposes. General leave accrued time is to be computed from hiring date
anniversary. Members shall not be permitted to take general leave in
excess of actual time earned. Effective December 23, 2000, employees
shall not accrue general leave in excess of six hundred hours (600).
Employees may not use their general leave to advance their separation
date on retirement or other separation from employment. General leave
must be pre-approved except for illness, injury or family sickness, which
may require a physician's statement for approval.
3. Terminal General Leave Pay -- An employee shall be paid for unused
general leave upon termination of employment at which time such
terminating employee shall receive compensation at his/her current salary
rate for all unused, earned leave to which he/she is entitled up to and
including the effective date of his/her termination.
4. Receipt Advance General Leave Pay -- Upon two weeks written notification
to the Director of Finance, each employee shall be entitled to receive
his/her earned general leave pay, less deductions, in advance, prior to
his/her regular scheduled annual vacation. Such advancements are limited
to one during each employee's anniversary year.
5. Conversion to Cash — An employee may elect to take up to 120 hours of
pay per calendar year for accrued general leave in lieu of time off. It is the
intent of the parties that employees will take vacation during the current
year.
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Res. No.2000-116
C. Sick Leave
1. Accrual --- No employee shall accrue sick leave after December 22, 2000.
2. Credit — Employees hired prior to Decembver 23, 2000 shall be credited
with their sick leave accrued as of December 22, 2000.
3. Usage -- Employees may use accrued sick leave for the same purposes for
which it was used prior to December 23, 3000.
4. Family Sick Leave — 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 absences shall be limited to five (5)
days per calendar year.
D. Sick Leave Upon Promotion
Employees promoted to Police Sergeant after December 31, 2000, shall receive
two hundred forty (240) hours of sick leave. These hours may be used for sick
leave purposes during the first twelve (12) months after promotion. Any unused
sick leave credited upon promotion shall be eliminated one (1) year from date of
promotion to Police Sergeant.
ARTICLE 1% 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.
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Res. No.2000-116
D. 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.
E. Sick leave shall not be used to extend absences due to work related (industrial)
injuries or illnesses.
ARTICLE X -- MISCELLANEOUS PROVISIONS
A. Re-Opener
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. Fleet Management Proposal
The Association agrees to meet and confer on a City Fleet Management
Proposal during the term of this agreement.
C. Personnel Rule Changes
The City and the Association agree to implement the rule changes and
accordingly revise the Personnel Rules as described in Exhibit C.
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.
E. Association Business
An allowance of fifty (50) hours per year shall be established for the purpose of
allowing authorized representatives of the Association to represent members in
their employment relations.
F. Deferred Compensation Loans
Unit employees will be able to borrow up to fifty (50) percent of their deferred
compensation funds for critical needs such as medical costs, college tuition, or
purchase of a home, pursuant to program standards and regulations.
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Res. No.2000-116
G. Ten Plan — Flex Work Schedule
Employees accepting specialty assignments, that have been posted as such,
shall be required to work a flex 40-hour workweek scheduled as directed.
ARTICLE XI -- HOLIDAYS
A. Holidays with Pay (Captains and Lieutenants)
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)
S. Thanksgiving Day (forth Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a national
holiday, or the Governor of the State of California to be a state holiday and
adopted as an employee holiday by the City Council of the City of
Huntington Beach.
B. Holiday Compensation
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 workday, the employee will receive the day off;
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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 1/26 of the total holiday hours (80) earned for the year.
5. 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. 4-10 Plan
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. Exempt Employees (Captains and Lieutenants)
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
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 time off. Such time shall not accrue in excess of 120 (120)
hours.
2. 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.
01-03 PMA MOU 15 12/1/00 9:17 AM
POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
Res. No.2000-116
C. Time and One Half(Sergeants)
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. Compensatory Time in lieu of Overtime (Sergeants
Police Sergeants may elect to receive compensatory bank time in lieu of
overtime pay to a maximum of 120 140 hours, subject to advance approval of
the department head.
ARTICLE XIII -- EDUCATIONAL PAY
A. Professional Achievement Reward Program
Unit employees who have received certification for completion of the FBI
Academy and/or the POST Command College shall receive an additional $65
per month for each certificate, and Police Sergeants that have completed the
POST Supervisory Leadership Institute shall receive $SO per month. No
employee shall receive more than $145 for professional achievement.
B. Educational Incentive Plan (Sergeants)
1. The Educational Incentive Plan shall be continued for Police Sergeants as
follows, except that no more than thirty (30) units of approved life-
experience credits may be accepted toward educational incentive pay:
Maximum College
Education Training Years of Units
Incentive POST College HBPD Required Monthly
Level Certificate Units Units Points Service Annually Amount
Intermediate 30 20+ 10 1 6 $ 115
II Intermediate 60 40+ 20 1 3 $ 170
III Advanced 90 60+ 1 30 2 3 $230
IV Advanced 120 0 3 3 $ 330
V Advanced 150 120+ 30 3 0 $ 330
2. Stipulations:
a. College major shall be Police Science, Criminology, Political Science,
Sociology, Law, Business Administration, Public Administration,
01-03 PMA MOU 16 12/1/00 9:17 AM
POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
Res. No.2000-116
Psychology or closely similar field as approved by the Chief of Police
and Education Committee.
b. Initial eligibility must be approved by the Chief of Police. An acceptable
yearly performance evaluation, signed by the Chief of Police is
required. No incentive shall be taken away without just cause.
c. Training points approved by POST may be substituted for college units,
on the following schedule: 10 of 30, 20 of 60, 30 of 90.
d. Pay to be effective first month following approval.
e. After 120 units of B.A. or POST approved training points may be
substituted for college units without limit.
f. Repeat college courses credited as determined by the college.
g. Repeat POST approved seminars, institutes, etc., credited as
dewtermined by the Chief of Police.
h. All college units require grade of"C" or better to qualify.
i. Obtaining transcripts or other acceptable documentation is employee's
responsibility.
j. Employee may choose between POST training points or college units
where a choice is available. No change allowed once choice is made.
No double credit allowed.
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
01-03 PMA MOU 17 12/1100 9:17 AM
POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
Res. No.2000-116
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 XVI -- TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect for a term commencing on
January 1, 2001, and ending at midnight on December 31, 2003. 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.
01-03 PMA MOU 18 I2/1/00 9:17 AM
POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
Res. No.2000-116
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 affect 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 dth day of , 2000.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION
ity Administrator HBP A President
Human Resour s Officer
V�20"7
Chi of Police
APPROVED AS TO FORM:
ZL..;e�
�� oo City Attorney
01-03 PMA MOU 19 12/1/00 9:17 AM
EXHIBIT A— SALARY SCHEDULE Res. No.2000-116
POLICE MANAGEMENT ASSOCIATION
POLICE MANAGEMENT ASSOCIATION
Effective December 23, 2000
Step
Job Code Classification Range A B C D E
4701 Police Captain 609 7881 8314 8772 9254 9763
45.47 47.97 50.61 53.39 56.33
4701 Police Lieutenant 580 6822 7196 7592 8009 8450
39.36 41.52 43.80 46.21 48.75
3360 Police Sergeant 532 5368 5662 5974 6304 6650
30.97 32.67 34.47 36.37 38.37
Effective December 22, 2001
Step
Job Code Classification Range A B C D E
4701 Police Captain 616 8162 8611 9084 9583 10110
47.09 49.68 52.41 55.29 58.33
4701 Police Lieutenant 586 7028 7415 7822 8252 8706
40.55 42.78 45.13 47.61 50.23
3360 Police Sergeant 538 5531 5836 6156 6494 6851
31.91 33.67 35.52 37.47 39.53
01-03 PMA MOU -20- 1211100 9:17 AM
POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING
Res. No.2000-116
POLICE MANAGEMENT ASSOCIATION
Effective December 21, 2002
Step
Job Code Classification Range A B C D E
4701 Police Captain 621 8366 8827 9313 9824 10365
48.27 50.93 53.73 56.68 59.80
4701 Police Lieutenant 590 7169 7562 7978 8417 8879
41.36 43.63 46.03 48.56 51.23
3360 Police Sergeant 542 5643 5954 6281 6626 6990
32.56 34.35 36.24 38.23 40.33
Effective May 24, 2003
Step
Job Code Classification Range A B C D E
4701 Police Captain 628 8664 9141 9644 10174 10734
49.99 52.74 55.64 58.70 61.93
4701 Police Lieutenant 596 7387 7793 8221 8673 9150
42.62 44.96 47.43 50.04 52.79
3360 Police Sergeant 548 5813 6131 6470 6825 7202
33.54 35.38 37.33 39.38 41.55
01-03 PMA MOU 21 12/1/00 9:17 AM
EXHIBIT B Res. No.2000-116
CITY OF HUNTINGTON BEACH
RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City
sponsored medical insurance plans and the City shall contribute toward monthly
premiums for coverage in an amount as specified in accordance with this Plan,
provided:
A. At the time of retirement the employee has a minimum of ten (10) years of
continuous City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a
retirement allowance by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be
modified downward or cease during the lifetime of the retiree upon the
occurrence of any one of the following:
1. During any period the retired employee is eligible to receive or
receives health insurance coverage at the expense of another
employer, the payment will be suspended. "Another employer' as
used herein means private employer or public employer or the
employer of a spouse. As a condition of being eligible to receive
the premium contribution as set forth in this plan, the City shall
have the right to require any retiree to annually certify that the
retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered
that a misrepresentation has occurred, the retiree will be
responsible for reimbursement of those amounts inappropriately
expended and the 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
01-03 PMA MOU -22- 12l1100 9:17 AM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN Res.No.2000-116
(either private or public) for retirees, the City's contribution rate as
set forth in this plan shall first be applied to the mandatory plan. If
there is any excess, that excess may be applied toward the City
medical plan as supplemental coverage provided the retired
employee pays the balance necessary for such coverage, if any.
4. In the event of the death of any employee, whether retired or not,
the amount of the retiree medical insurance subsidy benefit which
the deceased employee was receiving at the time of his/her death
would be eligible to receive if he/she were retired at the time of
death, shall be paid on behalf of the spouse or family for a period
not to exceed twelve (12) months.
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.
01-03 PMA MQU 23 12/1/00 9:17 AM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN Res. No.2000-116
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 skull be
paid by the employee.
01-03 PMA MQU 24 12/1/00 9:17 AM
Res. No.2000-116
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eligibility:
I. 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.
01-03 PMA MOU -25- 1211/00 9:17 AM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN Res. No.2000-116
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.
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:
01-03 PMA MOU 26 12/1/00 9:17 AM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN Res. No.2000-116
a. Retiree Subsidy Medical Plan.
b. HealthNet.
c. 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.
01-03 PMA MOU 27 12/1100 9:17 AM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN Res. No.2000-116
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.
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.
01-03 PMA MOU 28 12/1/00 9.17 AM
Res. No.2000-116
EXHIBIT C
PERSONNEL RULE CHANGES
A. Personnel Rules
The City and the Association agree to implement the following rules and accordingly
revise the Personnel Rules as described herein:
1. Rule 5 — Recruitment and Examination Procedure
a) 5-4 — Order of Certification
Whenever certification is to be made, the eligibility lists, if active and not
exhausted shall be used in the following order"
1) Re-employment list
2) Promotional list
3) Employment List
If fewer than five (5) names of persons willing to accept appointment are on
the list from which certification is to be made, then additional eligibles shall be
certified from the various lists next lower in order of preference until five (5)
names are certified. If there are fewer than five (5) names on such lists, there
shall be certified the number thereon. In such case, the appointing authority
may demand certification of five (5) names and examinations shall be
conducted until five (5) names may be certified. In the event the appointing
authority does not choose to appoint from the five (5) names certified, a new
examination may be requested. In the event another examination is
conducted, those names shall be merged with others already on the list in
order of scores.
b) 5-14 — Promotional Exams
Promotional examinations may be conducted whenever, in the opinion of the
Human Resources Officer, 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. 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.
c) 5-2g — Duration of Employment Lists
Employment lists shall remain in effect for one (1) year from the date of the last
examination, unless sooner exhausted. Promotional lists and entry level
employment lists may be extended prior to expiration date by the Human
01-03 PMA MOU 29 12/1/00 9:17 AM
EXHIBIT C
Res. No.2000-116
PERSONNEL RULE CHANGES
Resources Officer 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 such lists shall be merged with others already
on the list in order of scores.
2. Rule 7 — Discipline
a) 7-2— Causes for Discipline
12) Possession, use or sale of illegal narcotics or habit-forming drugs, while
on-duty or on City property.
14) Conviction of any felony or a misdemeanor with a job nexus. A plea or
verdict of guilt, or a conviction following a plea of nolo contenders, is
deemed to be a conviction within the meaning of this section.
15) Participating in an unlawful strike, work stoppage, slowdown, or using or
attempting to use sick leave to accomplish the same purpose as a
strike, work stoppage, or slowdown.
3. Rule 8 — Termination
a) 8-1 — Medical Examination.T Evaluation of Employee's Work Capacity.
Demotion, Transfer or Termination of Appointment
At any time a department head has reasonable cause to believe that an
employee may not be able to perform the duties of his/her position for physical
or psychological reasons, such department head shall consult with the Human
Resources Officer regarding such belief. If the Human Resources Officer
concurs, the department head may order the employee to submit to a medical
or psychological examination. The employee shall be offered the opportunity,
in writing, to select from a panel of three to five physicians or psychologists to
conduct the examination. The cost of such examination shall be paid by the
City and, to the extent practicable, shall be scheduled during the work hours
with no loss of pay. The examiner and the employee shall be advised of the
basis for the Department Head's belief that the employee is unable to perform
the duties of his/her job. The examination shall be restricted to the specific
issue, which gave rise to the request for an examination. The report of the
examiner shall be limited to a conclusion that the employee is either able or
unable to perform the duties of his/her job.
The department head shall review the medical or psychological report and
shall consult with the Human Resources Officer regarding the physician's
assessment of the employee's ability to perform the duties of his/her position.
01-03 PMA MOU 30 12/1/00 9:17 AM
EXHIBIT C
Res. No.2000-77B
PERSONNEL RULE CHANGES
Any decision regarding such employee shall be made in accordance with the
Americans with Disabilities Act.
Notwithstanding any other provision of this rule, an employee being evaluated
for medical or psychological fitness to perform the duties of his/her position
may apply for another position in the competitive service for which he/she has
qualified. If such employee is qualified and can perform the duties of a lower
paying vacant position for which he/she has applied, he/she will be placed in
such position, without competitive examination, subject to the approval of the
department head.
b) 8-3 — Layoff in Accordance with Length of Service
The City and the Association agree that the first sentence in Personnel Rule 8-
3 shall be modified to read as follows: 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 are
first laid off.
c) 8-11 — Re-Employment
With the approval of the Human Resources Officer, an employee who has
resigned in good standing from the competitive service may be re-employed to
his/her former position, if vacant, or to a vacant position in the same or
comparable class within one (1) year from date of resignation in accordance
with Rule 5-21. If such re-employment commences within ninety days of the
effective date of resignation, the employee shall not be considered a new
employee for vacation and seniority purposes.
5. Rule 12 — Classification Plan
a) 12-10 —Temporary TeMporary Employee
Employment on a basis other than permanent or probationary to a
permanently budgeted position not to exceed 1000 hours in any twelve (12)
month period. Employees occupying temporary positions shall not be included
in the competitive service and shall not be subject to these rules and
regulations.
6. Rule 14 —Additional Pay and Pay Adjustments
a) 14-6 - Salary Advancements to Meet Recruiting Problems or to Give Credit for
Prior Service. Application for Other Advancements
The Department Head, through the Human Resources Officer and with the
approval of the City Administrator may make an appointment at any step
01-03 PMA MOU 31 12/l/M 9:17 AM
EXHIBIT C
Res. No.2000-118
PERSONNEL RULE CHANGES
above the minimum salary rate to classes or positions in order to meet
recruiting problems to obtain a person who has extraordinary qualifications, or
to give credit for prior city service in connection with appointments, promotions,
reinstatements, transfers, reclassifications, or demotions. Salary adjustments
within the salary range for the class, other than merit salary adjustments
authorized by Section 14-1, may be approved by the City Administrator, upon
recommendation of the department head through the Human Resources
Officer. Such recommendation shall include the reason(s) for the adjustment,
whether the advancement is to be permanent or temporary, and an effective
date.
b) 18-16 — Industrial Accident Leave
In the event a permanent employee, who is a miscellaneous member of the
Public Employees' Retirement System (PERS), is temporarily totally disabled
as a result of an injury or illness arising out of and in the course of employment
and covered by the State of California Workers' Compensation Insurance and
Safety Act, resulting light duty assignments due to the injury or illness or
absences from work shall be considered Industrial Accident Leave as that term
is defined by this rule.
A permanent employee eligible for Industrial Accident Leave shall receive
compensation from the City in an amount equal to the employee's regular rate
of salary during such period of temporary total disability. Benefits received
under this rule shall be in lieu of statutory Workers' Compensation benefits.
Industrial Accident Leave shall continue during all absences resulting from the
injury or illness, including those absences attributable to doctor's
appointments, therapy, or other follow-up medical visits, but in no case
exceeding one year.of accumulated absences attributable to the same injury or
illness. In the event an employee is temporarily, totally disabled by coinciding
qualifying injuries or illnesses, periods of absences shall be applied
concurrently to all qualifying injuries or illnesses.
Industrial Accident Leave compensation shall begin on the first day an eligible
employee is absent due to a qualifying injury or illness as defined above.
Industrial accident Leave compensation will terminate on the earliest of the
following:
1) The date upon which the injury or illness giving rise to eligibility for
compensation under this rule is declared permanent and stationary by a
treating or examining physician; or
2) The date PERS approves an application for disability retirement benefits
filed by the employee or by the City; or
01-03 PMA MOU 32 12/1/00 9:17 AM
EXHIBIT C Res. No.2000-116
PERSONNEL RULE CHANGES
3) The employee receives thirty (30) days advance notice and refuses to
submit to a medical examination ordered by PERS pursuant to
Government Section 21154 or otherwise refuses to cooperate with PERS
in determining whether the employee is incapacitated for the performance
of duty; or
4) The employee receiving Industrial Accident Leave Compensation applies
for service-connected retirement benefits; or
5) The employment of the affected employee is otherwise separated.
If an injured worker remains temporarily disabled after receiving one year of
Industrial Accident Leave for accumulated absences or light duty work
attributable to the same injury or illness, the employee will receive temporary
total disability benefits as specified by the State of California Workers'
Compensation Insurance and Safety Act. Any period of time during which an
employee is absent from work by reason of injury or illness for which he or she
is entitled to receive Industrial Accident Leave compensation will not constitute
a break in continuous service for the purposes of salary adjustments, sick
leave, vacation accruals, and length of service computation.
In the event an employee who is receiving or has received Industrial Accident
Leave compensation makes a claim or initiates legal action against a third
party for allegedly causing or contributing to the injury or illness resulting in the
inability to work, the employee is required to notify in writing the City's Risk
Management Division of the claim or commencement of such action within ten
(10) days of the claim or such commencement. The City retains its rights of
subrogation in all such instances.
c) 18-19 -- Maternity_Leave
The City and the Association agree to modify the present Personnel Rule 18-
19 Maternity Leave to read as follows: "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 employees physician stating the last
day the employee may work and the 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
Human Resources Officer."
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8. Rule 19 -Grievance_Procedure Non-Disciplinary Matters
a) 19-5 Grievance Procedure
1) 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 Human Resources Officer 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 Human Resources Officer, 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, in his discretion, receive additional evidence or
argument by setting the matter for hearing within ten (10) days following
his receipt of such report and causing notice of such hearing to be
served upon all interested parties.
Within five (5) days after receipt of 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 Human
Resources Officer.
2) Step 5 — Personnel Board Hearing
Hearing. As soon as practicable thereafter, the Human Resources
Officer shall set the matter for hearing before a hearing officer either
selected by mutual consent of the parties or from a list provided 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.
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PERSONNEL RULE CHANGES
9. Rule 20 —Disciplinary Procedure and Appeal
a) 20-1 — Pur ose
The purpose of this rule is to provide a procedure for recommending and
imposing discipline against City employees, and a means by which employees
may administratively appeal any such disciplinary action.
b) 20-2 — Disciplinary Procedures
1) Notice of Proposed Adverse Action
For disciplinary demotions, suspensions or dismissals, an employee
shall be served a written Notice of Proposed Adverse Action by the
employee's department head, or his/her designee, or by certified mail,
prior to the proposed disciplinary action taking effect. The notice shall
state the reasons for and charges upon which the proposed action is
based, and the effective date of the action the right to respond and the
employer's right to representation. A copy of all materials upon which
the proposed action is based shall be attached to the notice.
2) Employee's Right to Respond
The employee shall be given a minimum of ten (10) calendar days to
respond orally and/or in writing to the charges upon which the proposed
action is based. The employee's response shall be made to and/or
before his/her department head.
3) Time Off
The employee shall be given reasonable time off with pay to attend
disciplinary meetings.
4) Final Notice of Decision
After an employee has responded to or waived his/her right to respond
to the proposed adverse action, the employee shall be served with a
final Notice of Decision from his/her department head. The final written
Notice of Decision shall state whether or not the proposed action shall
be taken or modified, and the reasons therefore and effective date or
the action.
c) 20-53 —Appeal to Personnel Commission
Disciplinary action involving the dismissal, suspension, demotion or other
authorized reduction in pay may be appealed to the Personnel Commission for
de novo hearing and final determination in accordance with the following
procedure:
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EXHIBIT C Res. No.2000-116
PERSONNEL RULE CHANGES
1) Request for Appeal
Within five (5) days after the employee's receipt of a final Notice of
Discipline, a written request for an appeal to the Personnel Commission
shall be submitted to the Human Resources Officer.
2) Hearing
As soon as practicable thereafter, the Human Resources Officer shall
set the matter for hearing before a hearing officer. The hearing officer,
selected in accordance with Rule 21-7, shall hear the case without the
Board and shall make recommended findings, conclusions and decision
in the form of a written report and recommendation to the Board.
3) Final Decision
The Board shall consider the written report and recommendations of the
hearing officer and after due deliberation in executive session, shall
render a decision in the matter which shall be final and binding on all
parties, and from which there shall be no further administrative appeal.
d) 20-4 — Supplemental Hearing by Personnel Board
1) The Board may, in its sole discretion, after it has received the written
report and recommendation of the hearing officer, set the matter for
private hearing for the purpose of receiving additional evidence or
argument. In the event the Board sets a private hearing for such
purposes, the Human Resources Officer shall give written notice to all
parties concerned in such matter.
2) The Board, following a consideration of the hearing officer's written
report and recommendation and deliberation thereon and any
supplemental hearing before the Board, shall make findings,
conclusions and decisions which shall be final and binding on all parties
and from which there shall be no further administrative appeal.
e) 20-5 — Employee Status on Pending Appeal
Notwithstanding the provisions of Rule 7, Section 74 (Suspension with Pay),
the disciplinary action shall be effective pending an appeal to the Personnel
Commission.
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EXHIBIT C Res. No.2000-116
PERSONNEL RULE CHANGES
10. Rule 21 — Grievance Procedures - General
a) 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.
b) 21-12 Time. Extension of
The City and the employee, or employee organization may, by mutual consent,
extend the time period within which an act must occur in the processing of
grievances.
B. Employer-Employee Relations Resolution
1. Modification of Section 7 — Decertification and Modification
a) The City and the Association desire to maintain labor stability within the
representational unit to the greatest extent possible, consistent with the
employee's right to select the representative of his or her own choosing. For
these purposes, the parties agree that this Agreement shall act as a bar to
appropriateness of this unit and the selection of the representative of this unit,
except during the month of August prior to the expiration of this Agreement.
Changes in bargaining unit shall not be effective until expiration of the MOU
Except as may be determined by the Personnel Commission pursuant to the
procedures outlined below. This provision shall modify and supersede the time
limits, where inconsistent, contained in Section 7 of the current Employer-
Employee Relations Resolution of the City of Huntington Beach.
b) The City and the Association have agreed to a procedure whereby the City, by
and through the Human Resources Officer, 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 (Resolution Number 3335) upon the City's having completed its
obligation to meet and confer on this issue with all other bargaining units.
The proposed changed to the Employer-Employee Relations Resolution is as
follows:
7-3. Human Resources Officer's Motion of Unit Modification — The Human
Resources Officer may propose, during the same period for filing a Petition for
Decertification, that an established unit be modified in accordance with the
following procedure:
1) The Human Resources Officer shall give written notice of the proposed
Unit Modification of Modifications to all employee organizations that may
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Res. No.2000-116
PERSONNEL RULE CHANGES
be affected by the proposed change. Said written notification shall contain
the Human Resources Officer's rationale for the proposed change
including all information which justifies the change pursuant to the criteria
established in Section 6-5 for Appropriateness of Units. Additionally, the
Human Resources Officer 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;
2) Following receipt of the Human Resources Officer'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;
3) 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 of the composition of the appropriate Unit or
Units, it shall give written notice of such determination to all affected
employee organizations;
4) Any party who chooses to appeal from the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of
Section 14-4 of Resolution Number 3335.
C. Rules Governing Layoff, Reduction in Lieu of Layoff and Re-Employment
1. Part 1 — Layoff Procedure
a) General Provisions
1) Whenever it is necessary, because of lack of work or funds to reduce the
staff of a City department, employees may be laid off pursuant to these
rules.
2) Whenever an employee is to be separated from the competitive service
because the tasks assigned are to be eliminated or substantially changed
due to management-initiated changes, including but not limited to
automation or other technological changes, it is the policy of the City that
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PERSONNEL RULE CHANGES
steps be taken by the Personnel Division on an interdepartmental basis to
assist such employee in locating, preparing to qualify for, and being placed
in other positions in the competitive service. This shall not be construed
as a restriction on the City government in effecting economies or in making
organizational or other changes to increase efficiency.
3) A department shall reduce staff by identifying which positions within the
department are to be eliminated.
4) The employee who has the least City-wide service credit in the class within
the department shall have City-wide transfer rights in the class pursuant to
Part 1, Section 3, Transfer or Reduction to Vacancies in Lieu of Layoffs, or
within the occupational series pursuant to Part 2, Bumping Rights.
5) If a deadline within this procedure falls on a day that City Hall is closed,
the deadline shall be the next day City Hall is open.
b. Service Credit
1) Service credit means total time of full-time continuous service within the
City at the time the layoff is initiated, including probation, paid leave or
military leave. Permanent part-time employees earn service credit on a
pro-rata basis.
2) Except as required by law, leaves of absence without pay shall not earn
service credit_
3) As between two or more employees who have the same amount of service
credit, the employee who has the least amount of service in class shall be
deemed to be the least senior employee.
c. Transfer or Reduction to Vacancies in Lieu of Layoff
1) In lieu of layoff, a transfer within class shall be offered to an employee(s)
with the least amount of service credit in the class designated for staff
reduction within a department subject to the following:
a) The employee has the necessary qualifications to perform the duties
of the position.
b) The employee shall be given the opportunity, in order of service credit,
to accept a transfer to a vacant position in the same class within the
City, provided the employee has the necessary qualifications to
perform the duties of the position.
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PERSONNEL RULE CHANGES
c) If no position in the same class is vacant, the employee shall be given
the opportunity, in order of service credit, to transfer to the position in
the same class that is held by an incumbent in another department
with the least amount of service credit whose position the employee
has the necessary qualifications to perform.
2) If an employee(s) is not eligible for transfer within the employee's class,
the employee shall be offered, in order of service credit, a reduction to a
vacant position in the next lower class within the City in the occupational
series in lieu of layoff provided the employee has the necessary
qualifications to perform the duties of the position.
3) If the employee refuses to accept a transfer or reduction pursuant
to A. or B., above, the employee shall be laid off.
d) If the employee(s) in the class with the least amount of service credit is in the
position(s) to be eliminated or displaced by transfer, the employee shall be
offered bumping rights, pursuant to Part 2, Service Credit.
e) Any employee who takes a reduction to a position in a. lower class within the
occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s) pursuant to Part 3., Reemployment.
2. Order of Layoff
a) Prior to implementing a layoff, vacant positions that are authorized to be filled
shall be identified by Citywide occupational series. If the employee refuses to
accept a position pursuant to Section 3., above, the employee shall be laid off.
b) No promotional probationary employee or permanent employee within a class
in the department shall be laid off until all temporary, nonpermanent part-time
and non-promotional probationary employees in the class are laid off.
Permanent employees whose positions have been eliminated may exercise
citywide bumping rights to a lower class in the occupational series pursuant to
Part 2.
c) When a position in a class and/or occupational series is eliminated, any
employee in the class who is on authorized leave of absence or is holding a
temporary acting position in another class shall be included for determining
order of service credit and be subject to these layoff procedures as if the
employee was in his or her permanent position.
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EXHIBIT C Res. No.2000-116
PERSONNEL RULE CHANGES
3. Notification of Employees
a) The Personnel Division shall give written notice of layoff to the employee by
personal service or by sending it by certified mail to the last known mailing
address at least fifteen (15) calendar days prior to the effective date of the
layoff. Normally notices will be served on employees personally at work.
b) Layoff notices may be initially issued to all employees who may be subject to
layoff as a result of employees exercising voluntary reduction/bumping rights.
c) The notice of layoff shall include the reason for the layoff, the effective date of
the layoff, the employee's hire date and the employee's service credit ranking.
The notice shall also include the employee's right to bump the person in a
lower class with the least service credit within the occupational series provided
the employee possesses the necessary qualifications to successfully perform
the duties in. the lower class and the employee has more service credit than
the incumbent in the lower class.
d) The written layoff notice given to an employee shall include notice that he or
she has seven (7) calendar days from the date of personal service, or date of
delivery of mail if certified, to notify the Human Resources Officer in writing if
the employee intends to exercise the employee's bumping rights, if any,
pursuant to Part 2, Bumping Rights.
e) Whenever practicable, any employee with the least amount of service credit in
a lower class within an occupational series which is identified for work force
reduction shall also be given written notice that such employee may be
bumped pursuant to Part 2. This notice shall include the items referred to in C.,
above.
f) if an employee disagrees with the City's computation of service credit or listed
date of hire, the employee shall notify the Human Resources Officer as soon
as possible but in no case later than five (5) calendar days after the personal
service or certified mail delivery. Disputes regarding date of hire or service
credit shall be jointly reviewed by the Human Resources Officer and the
employee and/or the employee's representative as soon as possible, but in no
case later than five (5) calendar days from the date the employee notifies the
Human Resources Officer of the dispute. Within five (5) calendar days after the
dispute is reviewed, the employee shall be notified in writing of the decision.
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EXHIBIT G
Res. No.2000-116
PERSONNEL RULE CHANGES
4. Part 2 — Bumping Rights
a) Volunta Reduction or Bumping in Lieu of Layoff
1) A promotional probationary employee or permanent employee who
receives a layoff notice may request a reduction to a position in a lower
class within the occupational series provided the employee possesses the
necessary qualifications to perform the duties of the position.
2) Employees electing reduction under A above, shall be reduced to a
position authorized to be filled in a lower class within the employee's
occupational series. The employee may reduce to a lower class in his/her
occupational series by: 1) filling a vacancy in that class, or 2) if no vacancy
exists, displacing the employee in the class with the least service credit
whose position the employee has the necessary qualifications to perform.
A displaced employee shall have bumping rights.
3) An employee who receives a layoff notice must exercise bumping rights
within seven (7) calendar days of receipt of the notice as specified in Part
1. Failure to respond within the time limit shall result in a reputable
presumption that the employee does not intend to exercise any right of
reduction or bumping to a lower class. The employee must carry the
burden of proof to show that the employee's failure to respond within the
time limits was reasonable. If the employee establishes that failure to
respond within the time limit was reasonable, to the Human Resources
Officer's satisfaction, the employee shall be permitted to exercise bumping
rights but shall not be reinstated to a paid position until the employee to be
bumped has vacated the position. If the employee disagrees with the
Human Resources Officer's decision, the employee may appeal pursuant
to the provisions of Sections 3 and 4 below.
b) Reinstatement/Re-employment Lists
Any employee who takes a reduction to a position in a lower class within the
occupational series in lieu of layoff shall be placed on tile reinstatement/re-
employment list pursuant to Part 3, Re-employment.
c) Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class within
the occupational series on the basis that the employee does not possess the
necessary qualifications to successfully perform the duties of the lower position
may appeal the decision. The appeal shall be filed with the Human Resources
Officer within five (5) calendar days of the employee's receipt of written notice
of the decision and reason(s) for denial. The employee's appeal shall be in
writing and shall include supporting facts or documents supporting the appeal.
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EXHIBIT C Res. No.2000-116
PERSONNEL RULE CHANGES
d) Qualifications Appeal Hearing
1) Upon receipt of an appeal, the Human Resources Officer shall contact a
mediator from the California State Mediation and Conciliation Service to
schedule a hearing within two (2) weeks after receipt of the appeal. If the
California State Mediation and Conciliation Service is not available within
that time frame, the parties shall mutually select a person who is available
within the time frame. If the California State Mediation and Conciliation
Service and the person mutually selected are not available within tile time
frame, the parties shall select the earliest date either is available to
conduct the hearing. The parties shall split the cost, if any, of the hearing
officer. In addition, the parties shall meet within three (3) workdays to
attempt to resolve the dispute. If the dispute remains unresolved, the
parties shall endeavor in good faith to submit to the hearing officer a
statement of all agreed upon facts relevant to the hearing.
2) Appeal hearings shall be limited to two (2) hours, except as otherwise
agreed by the parties or directed by the hearing officer.
3) The hearing officer shall attempt to resolve the dispute by mutual
agreement if possible. If no agreement is reached, the hearing officer shall
render a decision at the conclusion of the hearing, which shall be final and
binding
5. Part 3 — Re-employment
a) Re-employment
1) Employees who are laid off or reduced to avoid layoff shall have their
names placed upon a reemployment list, for each class in the occupational
series, in seniority order at or below the level of the class from which laid
off or reduced.
2) Names of persons placed on the reemployment lists shall remain on the
list for two (2) years from the date of layoff or reduction.
3) Vacancies shall be filled from the reemployment list for a class, starting at
tile top of the list, providing that the person meets the necessary
qualifications for tile position.
4) Names of persons are to be removed from the reemployment list for a
class if on two (2) occasions they decline an offer of employment or on two
(2) occasions fail to respond to offers of employment in a particular class
within five (5) calendar days of receipt of written notice of an offer. Any
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PERSONNEL RULE CHANGES
employee who is dismissed from the City service for cause shall have his
or her name removed from all re-employment lists.
5) Re-employment lists shall be available to HBMEA and affected employees
upon reasonable request,
6) Qualification appeals involving reemployment rights shall be resolved in
the same manner as that identified in Part 2., Section 4.
b) Status on Re-employment
1) Persons re-employed from layoff within a two (2) year period from the date
of layoff shall receive the following considerations and benefits:
a) Service credit held upon layoff shall be restored, but no credit shall be
added for the period of layoff.
b) Prior service credit shall be counted toward sick leave and vacation
accruals.
c) Employees may cash in sick leave upon layoff or at any time after
layoff in the manner and amount set forth in existing Memoranda of
Understanding for that employee's unit. Sick leave shall be paid to an
employee when the reemployment list(s) expire(s), if not previously
paid.
d) Upon reinstatement the employee may have his or her sick leave re-
credited by repayment to the City the cashed amount. Sick leave
accumulation of less than 480 hours shall be restored upon
reemployment.
e) The employee shall be returned to the salary step of the classification
held at the time of the layoff and credited with the time previously
served at that step prior to being laid off.
f) The probationary status of the employee shall resume if incomplete.
2) Employees who have been reduced in class to avoid layoff and are
returned within two (2) years to their former class shall be placed at the
salary step of the class they held at the time of reduction and have their
merit increase eligibility date recalculated.
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Res. No. 2000-116
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 4th
day of December 4, 2000 by the following vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff,
Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio derk of the
City Council of the City of
Huntington Beach, California