HomeMy WebLinkAboutCity Council - 2001-28 RESOLUTION NO. 9001_28
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION(POA)
AND THE CITY OF HUNTINGTON BEACH
FOR OCTOBER 1, 2000, THROUGH SEPTEMBER 30, 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 Officers' Association ("POA"), a copy of which is attached hereto
as EXHIBIT "A" and by reference made a part hereof, is hereby approved and ordered
implemented in accordance with the terms and conditions thereof; and the City Administrator
is authorized to execute this Agreement. Such Memorandum of Understanding shall be
effective for the term October 1, 2000, through September 30, 2003.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21st day of May 2001.
Mayor Pro Tem
ATTEST: APPROVED AS TO FORM:
City Clerk of City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
C:2�1
LQ C—��
City Administrator Director of ministrative Services
Resol:2001 WA MOL115110701
RLS 01-0345
Res.No.2001-28
... ..
POA MOU Res.No.2001-28
TABLE OF CONTENTS
PREAMBLE .................................................................................................................................................................................I
ARTICLEI-TERM OF MOU...................................................................................................................................................1
ARTICLE II-REPRESENTATIONAL UNIT/CLASS ...........................................................................................................I
ARTICLE III- MANAGEMENT RIGHTS ..............................................................................................................................3
ARTICLE IV- EXISTING CONDITIONS OF EMPLOYMENT ..........................................................................................3
ARTICLEV-SEVERABILITY.................................................................................................................................................3
ARTICLE VI-,SALARY SCHEDULE AND PERS PICKUP....................................................................I............................3
ARTICLEVII-SPECIAL PAY .................................................................................................................................................4
A. POLICE EDUCATIONAL INCENTIVE PLAN...............................................................................................................................4
B. FLIGHT PAY...........................................................................................................................................................................5
C. CERTIFIED FLIGHT INSTRUCTORS..........................................................................................................................................5
D. SHIFT DIFFERENTIAL-NONSWORN......................................................................................................................................5
E. SENIOR OFFICER PROGRAM...................................................................................................................................................5
F_ MOTORPAY...........................................................................................................................................................................6
G. SPECIAL CERTIFICATION-SKILL PAY....................................................................................................................................6
1. Bilingual Skill................................................................................................................................. .......................6
2. Nurse Employees Certification.........................................................................................................................................7
H. HOLIDAY PAY....................-.................................................................................................................................................7
I. FTO COMPENSATION.,......... .............................................................................................................................................7
J. TUITION RE BURSEMENT.....................................................................................................................................................7
ARTICLE VIII-UNIFORMS,CLOTHING,TOOLS AND EQUIPMENT..........................................................................8
A. UNIFoRMs..............................................................................................................................................................................8
B. E UIPMENT/SPECIAL UNIFORM NEEDS............................................................. ....................................................................8
C. MOTORCYCLE BRITCHES............................................................................................-.........................................................8
ARTICLE IX-HOURS OF WORK/OVERTIME ...................................................................................................................S
A. SHiri's DEFINED....................................................................................................................................................................8
B. WORK SCHEDULE............................................----.............................................................................................................8
C. 0TH ER TIME..........................................................................................................................................................................9
1, Compensatory Time..........................................................................................................................................................9
2. Work Time........ ...........................................................................................................................................................10
3. Court Standby Time...................--..........................................................
4. Holidays Worked........:................................................:..................................................................................................11
5. Court Appearance Time.................................................................................................................................................11
6. Non-Court Standby Time................................................................................................................................................ II
7. Cancelled Subpoenas.....................................................................................................................................................11
8, Call Back........................................................................................................................................................................11
9. Telephonic Business.......................................................................................................................................................11
10, Pay In Lieu of Compensatory Time................................................... ............II
77. K-9 Com ensation.....................................................................................................................................................11
D. WEEKEND MILITARY DRILLS ................................................................................. ..................12
E. FLEX TIME-BEACH DETAIL......................................................................... ......12
ARTICLE X-HEALTH AND OTHER INSURANCE BENEFITS .....................................................................................12
A. HEALTH...............................................................................................................................................................................12
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TABLE OF CONTENTS
1. Medical........................................................................................................................................................................... 12
2. Dental............................................................................................................................................................................. 12
3. Optical................................11,11,........-1-....................... .............................................................I.,............................... 12
4, Eligibility Criteria and Cost...........................................................................................................................................12
a. 2000 Premiums.............................................................................................................................................................................12
b. 2001 Premiums................................................................................................................................................................I.............13
C. 2002 Premiums................................................................................................................................................I............................13
d. 2003 PremiumS.............................................................................................................................................................................14
e. Dependent Health Cavemgg ......................................................................................................................................................... 14
5. Medical Plan Changes Effective.Ianuary 1, 2002.............................................................................. ..........................14
6. One HMO......................................,.,..........................................................,.....,.,.,.,....................................................... 15
7. Medical Cash-Out..........................................................................................................................................................15
8. Section 125 Plan............................................................................................................................................................15
B. LTFF INSURANCE...................................................................................... .................................,.,.,........................ ..............15
C. INCOME PROTECTION PLAN.................................................................................................................................................15
D. SURVIVORS' BENEFIT LEVEL IV..........................................................................................................................................16
ARTICLEXI-RETIREMENT................................................................................................................................................16
A. BENEFITS.............................................................................................................................................................................16
1, CUP Retirement Plan.....................................................................................................................................................16
2. 3 a Age 50 Plan.........................................................................................................................................................16
3. Self-Funded Supplemental Retirement Benefit............................................................................................................... 17
4. PERSRollover................................................................... .....................................,.,.,..................................................17
5. 2%@ Age 55 Plan......................................................................................................................................................... 17
6. Medical Insurance for Retirees...................................................................................................................................... 17
ARTICLEXII-LEAVE BENEFITS ........................................................................................................................................18
A. VACATION................................................................................................................................................ ..........................18
1. Anniversary Date............................................................................................................................................................ 18
2. Annual Tfacation............................................................................................................................................................. 18
3. Vacation Allowance....................................................................................................................................................... 18
4. Eli ibdi and Permission.............................................................................................................................................. 19
5. Vacation- When Taken.................................................................................................................................................. 19
6 Terminal Vacation Pay...................................................................................................................................................19
7. Receipt of Vacation Pay................................................................................................................................................. 19
8, Conversion to Cash........................................................................................................................................................ 19
B. HOLIDAYS............................................................................................................................................................................19
C. SICK LEAVF...................................................................................................................................... ...............................20
D. BEREAVEMENT LEAVE.........................................................................................................................................................20
E. ASSOCTATION BUSINESS ......................................................................................................................................................20
ARTICLEXHI-CITY RULES................................................................................................................................................20
ARTICLE XIV-MISCELLANEOUS ....................................................................... ................21
..............................................
A. MFAL ALLOWANCE...................... ............21
1. Per Diem ................................... .........................................................21
2. Per Diem Schedule.........................................................................................................................................................21
B. MILEAGE ALLOWANCE........................................................................................................................................................21
C. _WEAPON VESTING..................
D. RANDOM DRUG AND ALCOHOL TESTING.............................................................................................................................21
E. TUITION REIMBURSEMENT—NON SWORN EMPLOYEES.......................................................................................................21
ARTICLE XV-CITY COUNCIL APPROVAL.....................................................................................................................23
EXHIBIT A-POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE ...................................................................24
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TABLE OF CONTENTS
EXHIBIT B-GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME.....................................................27
EXHIBIT C—RETIREE MEDICAL SUBSIDY.....................................................................................................................29
A. MINIMUM ELIGIBIITY FOR BENEFITS............................ 30
C, MAXIMUM MONTHLY SUBSIDY PAYMENTS...........................................................................................................—...........30
EXHIBIT D-EMPLOYEE HEALTH PLAN .................. ..............33
EXHIBIT E- DELTA CARE (PMI)BROCHURE...................................................................................................--.........34
EXHIBIT F-DELTA DENTAL BROCHURE................. ..............35
EXHIBIT G-VISION CARE(VSP)BROCHURE ...........................................................................................................--36
EXHIBIT H—PERSONNEL RULE CHANGES ----........................................................................................37
A. RULE 5, ORDER OF CERTIFICATION.............. ......................................................................................................................37
B. RULE 5-14,PROMOTIONAL EXAMINATIONS........................................................................................................................37
C. RULE 5-20, DURATION OF EMPLOYMENT LISTS..................................................................................................................37
D. RULE 7--DISCIPLINE...........................................................................................--.—.............................._.......................37
E. RULE 8--TERMINATION.......................................................................—............................................................................38
F. RULE 8-3 LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE..........................................................................................39
G. RULE 8-11 RE-EMPLOYMENT........................................................................... ..............39
J. RULE 18-19, MATERNITY LEAVE.........................................................................................................................--..........41.
K. RULE 19-5 STEP4 CITY ADMINIS RATOR.................................................................................—.....................................41
L. RUI.F 19-5(B),HEARING......................................................................................................................................................42
M. RULE 21-7 GRIEVANCE PROCEDURES- GENERAL....................—.......................................................................,...............43
N. RlIL.E21112, T1ME,EXTENSION OF......................................................................................................................................44
EXHIBIT I—INCOME PROTECTION PLAN ..................................—.................................................................................45
EXHIBIT 3—MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY ........47
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MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
(Hereinafter called ASSOCIATION or POA)
PREAMBLE
WHEREAS the designated representatives of the City of Huntington Beach and the
Huntington Beach Police Officers' Association have met and conferred in good faith with
respect to salaries, benefits and other terms and conditions of employment for the
employees represented by the Association;
NOW, THEREFORE, this Memorandum of Understanding is made to become effective
October 1, 2000 and it is agreed as follows:
ARTICLE I - TERM OF MOU
This Memorandum of Understanding (MOU) shall be in effect for a term commencing on
October 1, 2000, and ending at midnight on September 30, 2003. Except as expressly
provided herein, no further improvements or changes in the salaries and monetary benefits
and other terms and conditions of employment of the employees represented by the
ASSOCIATION shall take effect during the term of this agreement and the ASSOCIATION
expressly waives any right to request any improvements or changes in salaries or monetary
benefits and other terms and conditions of employment specifically provided herein for the
employees represented in the unit. Provided, however, the City and ASSOCIATION shall,
upon request, meet and confer to address issues not specifically covered by provisions of
this MOU, and/or discussed during the meet and confer process immediately preceding the
adoption of the current MOU.
ARTICLE II - REPRESENTATIONAL UNIT/CLASS
A. It is recognized that the Huntington Beach Police Officers' Association is the
employee organization which has the right to meet and confer in good faith with the
CITY on behalf of employees of the Huntington Beach Police Department within the
classification titles as outlined in Exhibit A attached hereto and incorporated herein.
B. The CITY and the ASSOCIATION have agreed to a procedure whereby the CITY, by
and through the 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 (#3335) upon the CITY's having completed its obligation to meet and
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POA MOU Res.No.2001-28
confer on the issue with all other bargaining units. The CITY hereby agrees not to
propose a unit modification of the existing POLICE ASSOCIATION unit and that the
existing POA unit is the appropriate unit to represent the classification listed in Exhibit
A.
The proposed change to the Employer-Employee Relations Resolution is as follows:
1. 7.3 Human Resources Officer 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:
a. The Human Resources Officer shall give written notice of the proposed unit
modification to all employee organizations that may be affected by the
proposed change. Said written notification shall contain the Human
Resources Officer's rationale for the proposed change including information
which justifies the change pursuant to the criteria established in Section 6-5
for Appropriateness of Units. Additionally, the 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 and/or
sent by the CITY to affected employees;
b. 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;
c. The Personnel Commission shall conduct a noticed Public Hearing
regarding the motion for unit modification at which time all affected
employee organizations and other interested parties shall be heard. The
Personnel Commission shall make a determination regarding the proposed
unit modification which determination may include a granting of the motion,
a denying of the motion, or other appropriate orders relating to the
appropriate creation of bargaining units. Fallowing the Personnel
Commission's determination as to the composition of the appropriate units,
it shall give written notice of such determination to all affected employee
organizations.
d. Any party who chooses to appeal the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of
Section 14-4 of Resolution #3335.
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ARTICLE III - MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the Chief of Police retains all rights,
powers and authority with respect to the management and direction of the performance of
police services and the work forces performing such services, provided that nothing herein
shall change the CITY's obligation to meet and confer as to the effects of any such
management decision upon wages, hours, terms and conditions of employment or be
construed as granting the Chief of Police or the CITY the right to make unilateral changes in
wages, hours, terms and conditions of employment. Such rights include, but are not limited
to, consideration of the merits, necessity, level or organization of police services, including
establishing manning requirements, overtime assignments, number and location of work
stations, nature of work to be performed, contracting for any work or operation, reasonable
employee performance standards, including reasonable work and safety rules and
regulations in order to maintain the efficiency and economy desirable for the performance of
City services.
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the adoption of this Memorandum of Understanding
shall not change existing terms, conditions of employment that have been established in
prior agreements between CITY and ASSOCIATION.
ARTICLE V - SEVERABILITY
If any section, sub-section, sentence, clause, phrase or portion of this MOU or any additions
or amendments thereof, or the application thereof to any person, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this resolution or its
application to other persons. The City Council hereby declares that it would have adopted
this MOU and each section, sub-section, sentence, clause, phrase or portion, and any
additions or amendments thereof, irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses, phrases or portions, or the application thereof to any person,
be declared invalid or unconstitutional.
ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP
A. Employees shall be compensated at monthly salary rates by classification title and
salary range during the term of this agreement as set out in Exhibit A attached hereto
and incorporated herein. r
B. Each non-sworn employee covered by this agreement shall be reimbursed an amount
equal to 7% of the employee's part of his or her PERS contribution. The above
PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the
Internal Revenue Code.
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POA MOU Res.No.2001-28
C. Each sworn employee covered by this agreement shall be reimbursed an amount
equal to 9% of the employee's part of his or her PERS contribution. The above
PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the
Internal Revenue Code.
ARTICLE VII -SPECIAL PAY
A. Police Educational Incentive Plan
1. The Educational Incentive Plan shall be continued for sworn personnel as
follows, except that no more than thirty (30) units of approved life-experience
credits may be accepted toward educational incentive pay:
Education POST College Maximum Years of College Monthly Monthly
Incentive Certificate Units Training HBPD Units Amount Amount
Level Service Required 10/1100 01/01/01
Annually to
Units Points 12/31/00
I Intermediate 30 20+ 10 1 6 $ 100.00 $ 115.00
II Intermediate 60 40+ 20 1 3 $ 150.00 $ 170.00
III Advanced 90 60+ 30 2 3 $ 200.00 $330.00
IV Advanced 1 120 1 1 0 1 3 3 $ 300.00 $330.00
V Advanced 1 150 120+ 30 3 0 $ 300.00 $330.00
2. Stipulations:
a. College major shall be Police Science, Criminology, Political Science,
Sociology, Law, Business Administration, Public Administration,
Psychology or closely similar field as approved by the Chief of Police and
Education Committee.
b. Initial eligibility must be approved by the Chief of Police. An acceptable
yearly performance evaluation, signed by the Chief of Police, is required.
No incentive shall be taken away without just cause.
c. Training points approved by POST may be substituted for college units, on
the following schedule: 10 of 30, 20 of 60, 30 of 90.
d. Pay to be effective first month following approval.
e. After 120 units of B.A. or POST approved training points may be
substituted for college units without limit.
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f. Repeat college courses credited as determined by the college.
g. Repeat POST approved seminars, institutes, etc., credited as determined
by the Chief of Police.
h. All college units require grade of "C" or better to qualify.
i. Obtaining transcripts or other acceptable documentation in employee's
responsibility.
j. Employee may choose between POST training points or college units
where a choice is available. No change allowed once choice is made. No
double credit allowed.
B. Flight Pay - Employees assigned to duty as helicopter flight personnel shall receive
$500 per month in addition to their applicable salary.
C. Certified Flight Instructors - Up to two employees may be assigned as certified flight
instructors. Employees assigned as certified flight instructors shall receive $800 per
month as flight pay.
D. Shift Differential - Non Sworn - Non sworn members required to work on a regular
assigned shift that occurs between the hours of 4:00 P.M. and 2:00 A.M., OR 9:00
P.M. and 7:00 A.M., shall be paid a premium of five percent (5%) of the employee's
base hourly rate for all work performed during said shift.
E. Senior Officer Program - Senior Police Officer is to be an official classification
carrying a salary range of 6% above that of top step Police Officer, including Police
Officers assigned to motorcycle duty. The criteria for achieving the Senior Police
Officer classification is as follows:
1. Five (5) years continuous service with the Huntington Beach Police
Department, and
2. Three years continuous service at "E" Step Police Officer, and
3. Possession of Advanced POST Certificate, and
4. Step 4 or 5 in Educational Incentive Program, and
5. Satisfactory performance evaluation as Police Officer.
The maximum number of Senior Officers within the Police Department shall be sixty-
three (6.3).
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POA MOU Res.No.2001-28
F. Motor Pay:
1 , Employees assigned to motorcycle duty shall receive a flat rate of $300 per
month this assignment, which includes compensation for off duty motorcycle
maintenance and hazardous duty pay.
The Department shall supply necessary materials needed to perform the
following duties:
a. Keeping the assigned motorcycle cleaned and waxed.
b. Keeping the drive chain properly lubricated and adjusted.
c. Performing a daily check of the motorcycle fluid levels and tire pressure.
d. Scheduling required routine services at specified mileage intervals with
police motorcycle mechanics.
2. Employees may drive their motorcycle to and from their residence to their
place of work if such travel does not exceed 200 miles per week excluding
overtime.
G. Special Certification - Skill Pay
1_ Bilingual__Skill - Qualified employees who meet the criteria will be paid a
monthly pay differential of 5% of their base pay. The Police Chief will have
written and oral tests designed and administered to test for qualifications. The
qualifications will cover the more routine foreign language requirements in
filling out crime reports, interviewing suspects and witnesses, and responding
to the public on matters relating to an incident or other police action.
a. The languages included will be; Spanish, Vietnamese and sign language.
b. Authorization of qualified employees for bilingual compensation will be
based on the following_
1) A need for the employee to use the language in the City to support
the implementation of police operations.
2) At the discretion of the Police Chief, he may limit the number of
employees qualified in each category based on department needs.
c. Successful completion of tests authorized by the Police Chief will be
required to qualify for differential pay for any of the languages. Retesting
may be done on an annual basis.
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2. Nurse Employees Certification - The CITY shall allow licensed nurse
employees time off with pay to attend required courses necessary to maintain
certification requirements.
H. Holiday Pay - Employees represented by the ASSOCIATION and actively employed
by the City, in addition to regular compensation, shall receive each month 1112 of the
total holiday hours (80) earned for the year. They shall be entitled to an additional
i eight hours of pay at their regular rate for any day declared by declared by the
President of the United States to be a national holiday, or any day declared by the
Governor of the State of California to be a state holiday, if such day is adopted by the
City Council of the City of Huntington Beach as a special holiday for City employees
(i.e., day of mourning).
1. FTO Compensation - Compensation shall be ten (10) hours of straight book time or
straight time pay for each cumulative 40 hour block of actual field training for the
following:
a. Police Officers who have successfully completed a POST certified Field
Training Officer Course and have been designated field training officers,
assigned to Traffic or Patrol Bureaus, shall be eligible for field training
officer compensation.
b. Detention Officers designated to act as training officers.
c. Motor officers designated to act as training officers_
d. Communication Officers designated as Training Officers
J. Tuition Reimbursement - Education costs shall be paid to non-sworm permanent
employees on the basis of full refund for tuition fees, books and supplies-provided,
however, that maximum reimbursement shall be at the rates currently in effect in the
University of California system.
Upon approval of the Department Head and the Director of Administrative Services,
permanment employees may be compensated for actual cost of tuition, books, fees,
at accredited educational institutions that charge higher rates than the University of
California, if it can be demonstrated by the employee that said educational institution
presents the only accredited course or program within a reasonable commuting
distance of the employee.
Tuition reimbursement shall be limited to job related courses or approved degree
objectives and require prior approval by the Department Head and Human Resources
Officer_
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POA MOU Res.No.2001-28
Refunds shall be made when the employee presents proof to the Director of
Administrative Services that he/she has paid such costs and successfully completed
the course.
ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. Uniforms - The CITY shall continue the Uniform Allowance in lieu of the CITY
providing uniforms for employees represented by the ASSOCIATION. Such
allowance shall be $1,200 per year: payable in January to those employees on active
duty on January 15'. Employees Fired after January 15' shall have their uniform
allowance pro-rated for each month in which they were on active duty for a least one
full shift, 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.
B. Equipment/Special Uniform Needs - SWAT uniforms and equipment shall continue to
be provided by the CITY.
C. Motorcycle Britches - Motorcycle officers shall receive four pairs of britches at the
time of assignment. After initial issue, replacement britches may be issued on the
recommendation of the Traffic Bureau Commander with approval of the Department
Head_ All replaced britches must be turned in when replacement britches are
received.
ARTICLE IX - HOURS OF WORKIOVERTIME
A. Shifts Defined - Employees will be considered as assigned to the afternoon shift (4:00
P.M. to 2:00 A.M.) or the night shift (9:00 P.M. to 7:00 A.M.) when five (5) or more
hours of their regularly assigned shifts occur in the afternoon or night shift as defined
herein-
B. Work Schedule
1. The work schedule agreed to by the CITY and the ASSOCIATION during
negotiations has been fully implemented and shall remain in effect during the
life of this agreement unless the ASSOCIATION and the CITY agree to
changes.
2. Employees are entitled to work four (4) days per week, ten (10) hours each
day, meal times to be included during the ten (10) hour shift.
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3. 7-11.5 Plan — The "7-11.5" work schedule will be implemented for designated
employees of the Patrol Bureau only and shall consist on a 14-day 7(K) FLSA
work week.
a) Workday — A workday for employees assigned to the 7-11/5 work schedule
will consist of 11 hours and 25 minutes of work, meal times to be included
in the shift,
b) Work Period — For those employees working 11 hours and 25 minutes a
day, the "work period" will consist of two consecutive weeks with 3 shifts of
11 hours and 25 minutes in one week and 4 shifts of 11 hours and 25
minutes in the second week. The total hours for these two consecutive
weeks shall be considered equaling eighty (80) hours. The two-week cycle
then repeats itself.
c) Work Shifts — The primary work shifts in the 7-11.5 work schedule will be as
follows: Watch One will work 0605 hours to 1730 hours, Watch Two will
work 1505 hours to 0230 hours, Watch Three will work 1635 hours to 0400
hours, and Watch Four will work 1905 hours to 0630 hours.
d) Overtime — Employees shall receive time and one-half their salary rate for
all time worked in excess of their regularly scheduled shift and/or 80-hour
work period.
4. Overtime — Employees shall receive time and one half their salary rate for all
time worked in excess of 40 hours during any given payroll week.
C. Other Time:
1_ Compensatory Time - Federal law controls the use of compensatory time off.
Title 29 U.S. Code 207(0) allows the employer and employee representative to
establish a compensatory time off bank which allows overtime payment of the
employer to be deferred. Accordingly, the parties agree to establish such a
bank with the maximum limit of 140 hours,
The employee's right to use compensatory time off may be restricted if the
requested use is "unduly" disruptive. Parties agree that use of compensatory
time off at the following times will be unduly disruptive:
a. At any time when the request for compensatory time off request presents
an officer's safety problem by going below shift minimum as presented by
City in the meet and confer process.
b. Demands for employee's services meet or exceed the department's full
staffing capabilities such as the Fourth of July Holiday, Memorial Day
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POA MOU Ices.No.2001-28
Holiday, Labor Day Holiday or events similar in so far as staffing needs are
concerned.
c. In addition to the above, other events, which may be designated as unduly
disruptive, may be agreed upon by the City and the Association.
d. The Association, its officers, agents, representatives and/or members
agree that during the term of this MOU they will not call, engage in,
request or condone the use of compensatory time off for any strike,
walkout, work stoppage, job action, slowdown, sick-out, blue flu,
withholding of services or other interference with City operations, or honor
any job action by any other employee of the City, employee organizations,
or employees of any other employers by withholding or refusing to perform
services. In the event that the Association, its officers, agents,
representatives, and/or members engage in any of the conduct prohibited
herein above, the compensatory time off provision of this MOU shall
sunset and thereafter overtime hours shall be compensated at the
employee's overtime rate.
e. In addition, this provision shall sunset on the last day of this MOU.
Nothing herein shall be construed to prevent the parties to agree to place
these provisions in a successor MOU.
f. To the extent that these provisions are inconsistent with the Settlement
Agreement in HBPOA, et al. v. City of Huntington Beach, et al. Case No.
CV 92-6265 CMB (Shx) said settlement agreement is superceded.
Provisions not so superceded shall not be affected by the agreement.
2. Work Time - For the purpose of computing the 40 hour week, the following
shall be included in determining the eligibility for time and one half overtime
pay.
a. Sick leave.
b. Vacation time taken during the workweek.
c_ Compensatory time off taken during the workweek.
d. Any other paid leave time taken during the workweek.
3. Court Standby Time - Employees required to be on standby for a court
appearance during other than their scheduled working hours shall receive a
minimum of three hours straight time pay (including differentials in Article VII)
for each morning and afternoon court session.
00-03 POA MOU Final 10 5116101 10:38 AM
POA MOU Res.No.2001-28
4. Holidays Worked - Employees who work on a recognized City holiday shall be
compensated at their premium hourly rate (time and one half) for time actually
worked from 12:00 A.M. through 11:59 P.M.
5. Court Appearance Time- Employees required to appear in court during other
than their scheduled working hours shall receive a minimum of three hours pay
at time and one half; provided, however, that if such time overlaps with the
employee's scheduled working hours, said premium rate shall be limited to
those hours occurring prior to or after the employee's scheduled work time.
6. Non-Court Standby Time- An employee who is placed on standby status by his
supervisor shall receive four hours straight time pay for each 24 hour period of
standby status.
Court standby time shall be specifically excluded for the purpose of computing
the 40-hour workweek.
7. Cancelled Subpoenas- Employee shall receive two (2) hours of straight pay for
subpoenas cancelled with less than 24 hours notice.
8. Call Back- Employees who are called back to work will be paid a minimum of
two hours pay at the rate of time and one half their regular hourly rate, upon
arrival at the department or the incident scene until released. Should the
called back employee be cancelled prior to arrival, the two-hour minimum shall
be paid.
9. Telephonic Business - Off-duty employees shall be compensated a minimum
of fifteen (15) minutes at the rate of time and one-half their regular hourly rate
when telephoned at home to conduct departmental business_ Telephonic
departmental business beyond fifteen (15) minutes shall be compensated at
time and one-half the employee's hourly rate in fifteen (15) minute increments
(i.e., 16-30 minutes = 30 minutes of compensation, 31-45 minutes = 45
minutes compensation and so forth.)
10. Pay In Lieu of Compensatory Time - In the months of December and April of
each year, employees may, at their option, be paid for their compensatory.
time. Inasmuch as the compensatory time account for each employee has
been credited at the rate of time and one-half for each hour worked, payment
when requested under this section shall be at the employee's regular rate of
pay in effect at the time the request is made.
11 . K-9 Compensation - Employees assigned to K-9 duty to receive fifteen (15)
hours of compensatory time per month for time spent off-duty for care, feeding
and grooming of the canine. Employees shall submit overtime slips for off-duty
veterinary visits and extraordinary care.
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POA MOU Res.No.2001-28
D. Weekend Military Drills - The City shall continue to pay for weekend military drills for
employees hired prior to July 1, 1988 and currently belonging to federal military
reserve units. All other employees shall be granted rights in accordance with all
applicable state and federal laws.
E. Flex Time — Beach Detail - Employees assigned to the Beach Detail may be assigned
a fixed flex schedule that incorporated two 8-hour days and two 12-hour days in a
workweek.
ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS
A. Health:
1. Medical:
a. The CITY shall continue to provide group medical benefits to all employees
with coverage and other benefits comparable to the group medical plan
currently in effect.
b. The CITY will pay medical claims under the Employee Health Plan within
thirty (30) days of the receipt of the claim or provide written notice to the
claimant of the reason for delay.
2. Dental - Employees shall continue to be covered by dental plan benefits equal
to those currently being provided by the CITY as modified in Exhibit E and F.
The Dental Plan will include a $25 deductible per person per year.
3. Optical - Optical Plan benefits will provide for one (1) pair of eyeglasses every
twelve (12) months, subject to the terms and conditions of the current policy.
4. Eligibility Criteria and Cost:
a. 2000/2001 Premiums — The City shall contribute toward the cost of the
2000 premium for medical, dental and vision as outlined below:
00-03 POA MOU Final 12 5/16101 10:38 AM
POA MOU Res. No.2001-28
1) Health Insurance Caps - The City "caps" its contribution toward
employee monthly health insurance premiums by category and plan
at the rate effective January 1, 2000:
. . ... .. ..... ......MONTIRLY;�` S
DELTA ,
RIL.,"A
REMI DENTAL.... ::..N.T,,,A'L "S'A G1,ACIFICARE �:Q�RE:
EMPLOYEE ONLY $283.28 $165.06 $165.06 $ 36.99 $22.12 $ 16.20 $ 17.58
EMPLOYEE $560.18 $361.66 $361,66 $70.65 $37-61 $29.16 $ 17.58
+ONE
EMPLOYEE $685.86 $476.68 $476.68 $100.37 $57.51 $37.22 $ 17.58
+ FAMILY
2) Employee Paid Premiums - Employees hired prior to adoption date
November 2, 1998, the City shall pay medical, dental and vision
premiums subject to 4a above and 4b below.
3) Two-Tier Health Premium - Employees hired on or after the
November 2, 1998 of this agreement, the City's contribution toward
medical insurance shall be at the highest HMO rate of (1) employee
only, (2) employee + one, or (3) employee + family. This provision
"Two-Tier" shall expire the first of the month following adoption of
this agreement.
b. 2001 Premiums - Effective the first of the month following adoption of this
agreement, the City "caps" its contributions 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-
........... ......
NTKYY C 1W-, H EALTF DELTA: UELTX
PACIF10,4RE NET.; DENTAL CARE I AFR
U°
S
EMPLOYEE $261.01 $183.54 $170.01 $36.99 $22.12 $ 16.20 $ 17.58
ONLY
EMPLOYEE+ONE $516.14 $402.54 $372.51 $70-65 $37-61 $29.16 $ 17.58
EMPLOYEE $631.94 $528.28 $490.98 $100.37 $ 57.51 $37.22 $ 17.58
+ FAMILY
c. 2002 Premiums - The City "caps" its contributions 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.
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POA MOU Res. No.2001-28
d. 2003 Premiums — The City "caps" its contributions 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. If projected
premium increases for any medical plan exceed ten percent (10%) for
2003, the City will meet and confer at Association's option on cost
containments and plan costs prior to August 1, 2002.
e. Dependent Health Coverage - The CITY will assume payment for
dependent health insurance, subject to paragraph 4 above, effective the
first of the month following the month during which the employee completes
one (1) year of full time continuous service with the CITY.
5. Medical Plan Changes Effective January 1, 2002:
(No later than July 1, 2001 the POA shall select two of the changes to the cost
containment provisions contained in sub-section a, b or c to be included in the
City Health Plan. If the POA fails to select two of these provisions by July
1, 2001 the change to section c shall be deleted and the changes to sub-
sections a and b shall be implemented. Sub-section c shall remain at the prior
contract levels.)
a. Plan Deductibles — Deductible increase from $150 to $250 per individual
and $450 to $500 per family_
b. Out of Network — Non PPO co-payment reduced from seventy percent
(70%) to sixty percent (60%).
c. Out of Pocket — Increased from $1,000 to $2,000 per individual and $2,000
to $4,000 per family.
d. Preventive Medical Care — Part IX of the Employee Health Plan 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
is not subject to the $200 maximum benefit. All immunizations for
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POA MOU Res.No.2001-28
infants/adults will be provided and coverage is not limited to the $200
maximum benefit.
6. One HMO — Beginning with the 2002 plan year, there shall be one HMO
(HealthNet).
7. Medical Cash-Out — If an employee is covered by a medical program outside
of a City-provided program (evidence of which must be supplied to
Administrative Services,Department, Payroll and Benefits 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. The medical cost-out shall be
effective the first of the month following the adoption of this agreement.
S. 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.
B. Life Insurance - Effective May 1, 1995, the City will provide $40,000 term life
insurance without evidence of insurability other than evidence of working foil time. An
additional $10,000 of life insurance may be purchased, at the employee's cost, with
evidence of insurability.
C. Income Protection Plan
1. The existing long-term disability program provided by the ASSOCIATION shall
remain in effect for all unit employees. This }grogram provides, for each
incident, pay up to sixty (60) calendar days at the employee's salary rate
(excluding overtime, but including any special pay in effect at the time of illness
or injury). After the sixty (60) calendar day period, the employee will be
covered by an insurance plan paid for by the CITY, which will provide 66 2/3
percent of the employee's salary rate (excluding overtime and any special
pay)
Disability Due to Accident Disability Due to Illness
First 60 Days Regular Pay Regular Pay
Next 24 Months 66 213% of Base Pay Same
To Age 65 66 2/3% of Base Pay None
2. Days and months refer to calendar days and months. Benefits under the Plan
are integrated with Workers' Compensation, Social Security and other non-
private program benefits to which the employee may be entitled. Disability is
defined as the inability to perform all of the duties of regular occupation during
two years and thereafter the inability to engage in any employment or
00-03 POA MOU Final 15 5116I01 10:38 AM
POA MOU Res. No.2001-28
occupation for which he/she is fitted by reason of education, training or
experience.
3. Rehabilitation benefits are provided in the event the individual, due to
disability, must engage in other occupation. Plan will provide 66 2/3% of
difference between regular pay and pay of other occupation.
4. Survivors benefit continues plan payment for three (3) months beyond death.
5. The program shall be subject to the terms and conditions contained in the
agreement between the parties attached hereto and incorporated herein as
Exhibit "I".
D. 1959 Survivors' Benefit Level IV - The CITY will notify the California Public
Employees' Retirement System (PERS) within thirty (30) days after the adoption of
this agreement, to initiate the contract amendment process.
ARTICLE XI - RETIREMENT
A. Benefits:
1. CHP Retirement Plan - The CITY will provide, for all safety personnel
represented by the ASSOCIATION whose retirement is effective or whose
death occurs after July 1, 1978, Public Employees' Retirement System
retirement benefits computed by utilizing the two percent at age fifty (50)
formula commonly referred to as the California Highway Patrol (CHP)
Retirement Plan.
2. 3% Q Age 50 Plan - The CITY will notify PERS within thirty (30) days after
adoption of this agreement to initiate the contract amendment process to
provide the 3% @ Age 50 retirement formula set forth in California
Government Code Section 21362.2 for all safety employees represented by
the Association contract amendment process within ten (10) business days of
COUNCIL approval with the intent of providing the benefit by June 30, 2001,
subject to PERS approval. 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 IX.B.1 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
00-03 POA MOU Final 16 5116101 10:38 AM
POA MOU Res. No.2001-28
reimbursement set forth in Article VI_C 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 IX.B.1 shall be reduced to 6.75% of the
employee's compensation earnable.
3. Self-Funded Supplemental Retirement Benefit - In the event a PERS member
elects Option #2 (Section 21333) of the Public Employee's Retirement law, and
the member is a unit employee who was hired prior to July 6, 1998, the CITY
shall pay the difference between such elected option and the unmodified
allowance which the member would have received for his/her life alone. This
payment shall be made only to the member, shall be payable by the CITY
during the life of the member, and upon that member's death, the CITY's
obligation shall cease. The method of funding this benefit shall be at the sole
discretion of the CITY. All unit employees hired after the adoption of this MOU
shall not be eligible for this benefit. (Note: The options provide that the
allowance is payable to the member until his/her death, and then either the
entire allowance, Option 2, or one-half of the allowance, Option 3) is paid to
the beneficiary for life.)
4. PERS Rollover - Each employee, eligible for service retirement, may have
his/her PERS pickup and vacation accrual reported as compensation for all or
any park of the twelve (12) month period prior to his/her service retirement date
upon written request to the Director of Finance. Such modified reporting shall
be limited to a maximum period of twenty-four (24) months preceding
retirement. Requests for retroactivity, if permitted by PERS, will be decided on
an individual basis and shall require the approval of the Human Resources
Officer. No unit employee shall be allowed to apply for or continue this benefit
(PERS pick-up and vacation accrual) beyond January 31, 1994.
5. 2% @ Age 55 Plan -- Non-safety unit employees shall receive the 2% at age
55 PERS retirement plan option.
6. Medical Insurance for Retirees:
a. Upon retirement (whether service or disability) each employee shall have
the following options in regards to medical insurance under CITY
sponsored plans:
1) With no change in benefits, retirees can stay in the CITY's Employee
Health Plan or an HMO Plan offered by the CITY at the retiree's own
expense for the maximum time period required by Federal Law
(COBRA), or
00-03 POA MOU Final 17 5116101 10:38 AM
POA MOU Res.No.2001-28
2) Employees retiring after approval of this MOU may participate in the
Retiree Medical Plan described in Exhibit C.
3) Sworn personnel who have been placed on industrial disability
retirement subsequent to January 31, 1974, shall be eligible to
continue to participate in the existing group medical insurance plan
at their own cost. Participation shall cease upon the earliest of the
following:
a) The expiration of three calendar years following the date of the
industrial disability retirement, or
b) The retirees obtaining eligibility for coverage under a comparable
medical plan, or
c) Eligibility to participate in any City sponsored retiree medical plan
at retiree's own cost. Retiree's who cease to participate may
exercise any conversion privileges then in existence.
ARTICLE XIl - LEAVE BENEFITS
A. Vacation:
1. Anniversary Date - For the purpose of computing vacation, an employee's
anniversary date shall be the most recent date on which he/she commenced
full-time City employment.
2. Annual Vacation - The purpose of annual vacation is to provide a rest period,
which will enable each employee to return to work physically and mentally
refreshed. All permanent employees, whether full-time or part-time, shall be
entitled to annual vacation with pay except the following:
a. Employees who have not completed six (6) months of continuous service
with the City.
b. Employees who work less than full-time who are not permanent.
c_ Employees on leave of absence.
3. Vacation Allowance - Permanent employees in the City's service, having an
average work week of forty (40) hours, shall accrue annual vacation with pay in
accordance with the following:
a. For the first through the fourth year of continuous service, vacation time will
be accrued at the rate of 112 hours per year.
00-03 POA MOU Final 18 5/16101 10:38 AM
POA MOU Res.No.2001-28
b. After the fifth year and through the ninth year of continuous service,
vacation time will be accrued at the rate of 136 hours per year.
c. For the tenth year and through the fourteenth year of continuous service,
vacation time will be accrued at the rate of 160 hours per year.
d. After the fifteenth year and thereafter of continuous service, vacation time
will be accrued at the rate of 192 hours per year.
4. Eligibility and Permission - No vacation may be taken until the completion of
six (6) months of service. Permanent, part-time employees assigned a work
schedule of less than 2,080 and more than 1,040 hours per year shall receive
vacation in one-half the amounts set forth above.
5. Vacation - When Taken - No employee shall be permitted to take a vacation in
excess of actual time earned and vacation shall not be accrued in excess of
320 hours. Vacations shall be taken only with permission of the Department
Head; however, the Department Head shall schedule all vacations with due
consideration for the wish of the employee and particular regard for the need
of the department.
6. Terminal Vacation Pay - An employee shall be paid for unused vacation upon
termination of employment at which time such terminating employee shall
receive compensation at his current salary rate for all unused, earned vacation
to which he/she is entitled up to and including the effective date of his/her
termination.
7. Receipt of Vacation Pa - Upon two weeks written notification to the Director of
Finance, each employee shall be entitled to receive his earned vacation pay,
less deductions, in advance, prior to his regular scheduled annual vacation.
Such advancements are limited to one during each employee's anniversary
year.
8. Conversion to Cash - An employee may elect to take up to 80 hours of pay per
calendar year for accrued vacation in lieu of time off. It is the intent of the
parties that employees will take vacation during the current year.
B. Holidays - The following are the recognized legal holidays under this MOU:
1 . New Year's Day (January 1)
2. Martin Luther King's Birthday (third Monday in January)
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
00-03 POA MOU Final 19 5/16/01 10:38 AM
POA MOU Res.No.2001-28
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veteran's Day (November 11)
S. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
11 . Any day declared by the President of the United States to be a national
holiday, or by the Governor of the State of California to be a state holiday, and
,adopted as an employee holiday by the City Council of the City of Huntington
Beach.
Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
C. Sick Leave-
1 . All sworn personnel and non-sworn personnel represented by the
ASSOCIATION shall have a maximum of 60 calendar days sick leave per
incident or illness. This leave shall not accumulate beyond the one year
maximum and there shall be no pay off rights to unused leave upon
termination of the employee from the City.
2. Sick leave may be used for an absence due to illness of the employee's
spouse or child when the employee's presence is required at home, provided
that such absence shall be limited to five days per calendar year.
D. Bereavement Leave - Employees shall be entitled to bereavement leave not to
exceed three working days in each instance of death in the immediate family.
Immediate family is defined as father, mother, sister, brother, spouse, children,
grandchildren and grandparents of the employee or spouse.
E. Association Business - An allowance of 800 hours per year shall be established for
the purpose of allowing authorized representatives of the ASSOCIATION to represent
members of the ASSOCIATION in their employment relations. Such allowance may
be utilized only by those persons authorized by the Board of Directors of the
ASSOCIATION and such utilization shall be subject to the rules indicated in Exhibit B.
Up to 200 hours per year of unused hours may be carried over to the subsequent
year.
ARTICLE XIII - CITY RULES
The CITY and the ASSOCIATION agree to implement the rule changes and accordingly
revise the Personnel Rules as described in Exhibit H.
00-03 POA MOU Final 20 5116/01 10:38 AM
POA MOU Res. No.2001-28
ARTICLE XIV - MISCELLANEOUS
A_ Meal Allowance:
1. Per Diem - Employees shall be entitled to per diem under the following
circumstances:
a. Personnel with prior knowledge and approval of their supervisor, and on
work assignments, or attending; 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" may be considered for
reimbursement (receipt required) at the discretion of the Division
Commander.
d. Receipts are not required, other than as noted above.
2. Per Diem Schedule --- $45 per 24 hour period or prorated as follows; breakfast
- $10.00, Lunch - $15.00, Dinner - $20.00
B. Mileage Allowance-
1, The CITY shall reimburse employees for the use of personal automobiles up to
the rate reimbursable by POST_
2. All other mileage not reimbursable by POST shall be compensated at the
existing IRS reimbursable rate.
C. Weapon Vesting -- Unit employees' assigned a weapon shall be vested with ten
percent (10%) ownership per year so that ten (10) years after assignment of the
weapon, to the employee, he/she shall be fully vested with ownership.
D. Random Drug and Alcohol Testing -- Sworn unit employees shall be subject to
random drug and alcohol testing in accordaince with Exhibit J.
E. Tuition Reimbursement — Non Sworn Employees — Educational costs shall be paid to
permanent employees on the basis of full refund for tuituion, fees, books and
supplies; provided that the maximum reimbursement shall be at the rates currently in
effect in the University of California System.
00-03 POA MOU Final 21 5116101 10:38 AM
POA MOU Res. No.2001-28
Upon approval of the Department Head, and the Director of Administrative Services,
permanent employees may be compensated for actual costs of tuition plus books,
fees, at accredited educational instutitions that charge higher rates than the
University of California System if it can be demonstrated by the employee that said
educational institution presents the only accredited course or program within a
reasonable commuting distance of the employee.
Tuition reimbursement shall be limited to job related courses or approved degree
objectives and require prior approval by the Department Head and the Human
Resources Officer.
Refunds shall be made when the employee presents proof to the Director of
Administrative Services that he/she has paid such costs and successfully completed
the course.
00-03 POA MOU Final 22 5116/01 10:38 AM
Res. No. 2001-28
POA MOU
ARTICLE XV - CITY COUNCIL APPROVAL
It is the understanding of the CITY and the ASSOCIATION that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by resolution of
the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this list day of May , 2001 .
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
By: �� a..• BY:
Ray ilver Russell Reinhart
Cit Administrator POA President
By: By-
onald E. Lowen erg Kre uller
Chief of Police POA Vice President
By: �.r.`J .. .
William H. Osness Jeff s
man Resour s Officer POA Secretary
By: By: uiq
James Cutshaw Dennis Hashin
Polic aptain POA Treasurer
By By
aniel C ssidy rk Reid
Chief Negotiator POA Negotiator
APPROVED AS TO FORM
By: A"-_�Ltc�'
ail Hutton(:;; ,- 21-c/
City Attorney
00-03 POA MOU Final 23 5116101 10:38 AM
POA MOU Res.No.2001-28
EXHIBIT A
CITY OF HUNTINGTON BEACH
POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE
EFFECTIVE JANUARY 1, 2001
. .
Code •
4334 Police Recruit 405 $2,567 $2,707 $2,856 $3,014 $3,180
$14.81 $15.62 $16.48 $17.39 $18.35
4332 Police Officer 478 $4,099 $4,324 $4,562 $4,813 $5,078
$23.65 $24.95 $26.32 $27.17 $29.30
4333 Police Officer Sr. 490 $4,350 $4,589 $4,842 $5,109 $5,390
$25.10 $26.48 $27.94 $29.48 $31.10
6370 Comm. Operator 434 $3,293 $3,473 $3,664 $3,865 $4,078
$19.00 $20.04 $21.14 $22.30 $23.53
6372 Comm. Supervisor 461 $3,766 $3,972 $4,191 $4,421 $4,664
$21.73 $22.92 $24.18 $25.51 $26.91
4325 Detention Officer 433 $3,274 $3,454 $3,645 $3,846 $4,057
$18.89 $19.93 $21.03 $22.19 $23.41
4324 Detention Officer Nurse 443 $3,444 $3,633 $3,832 $4,043 $4,265
$19.87 $20.96 $22,11 $23.33 $24.61
4326 Detention Officer Senior 449 $3,546 $3,742 $3,948 $4,165 $4,394
$20.46 $21.59 $22.78 $24.03 $25.35
EFFECTIVE OCTOBER 1, 2001
. .
4334 Police Recruit 411 $2,934 $3,095 $3,265 $3,445 $3,634
$16.93 $17.86 $18.84 $19.88 $20.97
4332 Police Officer 484 $4,227 $4,459 $4,704 $4,962 $5,234
$24.39 $25.73 $27.14 $28.63 $30.20
4333 Police Officer Sr. 496 $4,487 $4,733 $4,993 $5,267 $5,557
$25.89 $27.31 $28.81 $30.39 $32.06
6370 Comm. Operator 440 $3,392 $3,579 $3,776 $3,984 $4,203
$19.57 $20.65 $21.79 $22.99 $24.25
6372 Comm. Supervisor 467 $3,880 $4,094 $4,319 $4,556 $4,808
$22.39 $23.62 $24.92 $26.29 $27.74
4325 Detention Officer 439 $3,376 $3,562 $3,757 $3,964 $4,182
$19.48 $20.55 $21.68 $22.87 $24.13
4324 Detention Officer Nurse 449 $3,546 $3,742 $3,948 $4,165 $4,394
$20.46 $21.59 $22.78 $24.03 $25.35
4326 Detention Officer Senior 455 $3,657 $3,858 $4,069 $4,293 $4,529
$21.10 $22.26 $23.48 $24.77 $2613
00-03 POA MOU Final -24- 5/14101 11:35 AM
POA MOU Res. No.2001-28
EFFECTIVE APRIL 1, 2002
.b
Classification
Code Range i B C f
4334 Police Recruit 415 $2,993 $3,158 $3,331 $3,515 $3,709
$17.27 $18.22 $19.22 $20.28 $21.40
4332 Police Officer 488 $4,309 $4,546 $4,796 $5,059 $5,338
$24.86 $26.23 $27.67 $29.19 $30.80
4333 Police Officer Sr. 500 $4,576 $4,827 $5,093 $5,373 $5,66a
$26.40 $27.85 $29.38 $31.00 $32.7C
6370 Comm. Operator 444 $3,459 $3,650 $3,851 $4,062 $4,286
$19.96 $21.06 $22.22 $23.44 $24.73
6372 Comm_ Supervisor 471 $3,957 $4,175 $4,406 $4,648 $4,905
$22.83 $24.09 $25.42 $26.82 $28.30
4325 Detention Officer 443 $3,444 $3,633 $3,832 $4,043 $4,265
$19.87 $20.96 $22.11 $23.33 $24.61
4324 Detention Officer Nurse 453 $3,619 $3,818 $4,028 $4,250 $4,484
$20.88 $22.03 $23.24 $24.52 $25.87
4326 Detention Officer Senior 459 $3,728 $3,932 $4,149 $4,378 $4,619
$21.51 $22.69 $23.94 $25.26 $26.65
EFFECTIVE OCTOBER 1, 2002
. .
Code Classification Range y
4334 Police Recruit 419 $3,055 $3,224 $3,400 $3,588 $3,785
$17.63 $18.60 $19.62 $20.70 $21.84
4332 Police Officer 492 $4,395 $4,638 $4,893 $5,161 $5,445
$25.36 $26.76 $28.23 $29.78 $31.42
4333 Police Officer Sr. 504 $4,667 $4,924 $5,194 $5,480 $5,782
$26.93 $28.41 $29.97 $31.62 $33.36
6370 Comm. Operator 448 $3,529 $3,723 $3,927 $4,144 $4,371
$20.36 $21.48 $22.66 $23.91 $25.22
6372 Comm. Supervisor 475 $4,038 $4,260 $4,494 $4,742 $5,002
$23.30 $24.58 $25.93 $27.36 $28.86
4325 Detention Officer 447 $3,510 $3,702 $3,906 $4,121 $4,348
$20.25 $21.36 $22.54 $23.78 $25.09
4324 Detention Officer Nurse 457 $3,692 $3.894 $4,109 $4,335 $4,574
$21.30 $22.47 $23.71 $25.01 $26.39
4326 Detention Officer Senior 463 $3,802 $4,012 $4,232 $4,465 $4,711
$21.94 $23.15 $24.42 $25.76 $27.18
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POA MOU Res.No.2001-28
EFFECTIVE APRIL 1, 2003
. .
• • - Classification Range '
4334 Police Recruit 425 $3,149 $3,322 $3,504 $3,697 $3,900
$18.17 $19.17 $20.22 $21.33 $22.50
4332 Police Officer 498 $4,529 $4,778 $5,042 $5,319 $5,612
$26.13 $27.57 $29.09 $30.69 $32.38
4333 Police Officer Sr_ 510 $4,810 $5,075 $5,354 $5,648 $5,959
$27.75 $29.28 $30.89 $32.59 $34.38
6370 Comm, Operator 454 $3,638 $3,837 $4,049 $4,270 $4,506
$20.99 $22.14 $23.36 $24.64 $26.00
6372 Comm. Supervisor 481 $4,163 $4,392 $4,633 $4,888 $5,156
$24.02 $25.34 $26.73 $28.20 $29.75
4325 Detention Officer 453 $3,619 $3,818 $4,028 $4,250 $4,484
$20.88 $22.03 $23.24 $24.52 $25.87
4324 Detention Officer Nurse 463 $3,802 $4,012 $4,232 $4,465 $4,711
$21.94 $23.15 $24.42 $25.76 $27.18
4326 Detention Officer Senior 469 $3,922 $4,137 $4,364 $4,603 $4,856
$22.63 $23.87 $25.18 $26.56 $28.02
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POA MOU Res.No.2001-28
EXHIBIT B
GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME
A. Any substantial' time used for the Huntington Beach Police Officers' Association
business while the member is using that time, is on a working status and this
time will be deducted from the Association Bank, as per the Memorandum of
Understanding.
B. Any Association member desiring to use Association time, while they are on
duty, shall obtain permission for their immediate supervisor, then from the
President of the Association.
An Association member shall, on all but emergency situations, give adequate
advance notice to his/her supervisor when requesting time off for Association
business. if the employee's absence is less than one hour, use of Association
bank time is not required. If the employee is away from work in excess of one
hour, an Association book-time slip for all time away from work is required.
In the event that the President of the Association is not available to grant
permission, the Vice-President will then have the responsibility to make the
appropriate decision.
If the Association member's immediate supervisor will not grant the person who
is requesting time off for Association business, then the President shall be
immediately notified by the member.
If the business is of such a nature that it must be conducted by that particular
Association member, then the President will take the matter to the Division level
and every effort will be made to resolve the issue.
C. Any member using Association time, while on duty, will submit an Association
Bank Time Form and an overtime request form to the President. The member
must write on top of the overtime form "ASSOCIATION BANK TIME OFF" and
the payroll exception form will be signed by the supervisor and the President of
the Police Officers' Association or his representative_
The communique will have the exact time and date that was used for the
Association business, the location where the business was conducted.
' 1. Substantial time, being defined as that time in excess of one hour and where the Association
member is not available for duty until the Association business is concluded.
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POA MOU Res. No.2001-28
D. Those Association members that may use the Association Bank are:
1 . President of the Huntington Beach Police Officers' Association
2. Board of Directors of the Huntington Beach Police Officers'
Association.
3. Members assigned to committees designated by the President or the
Board of Directors.
4. PORAC Representative.
5. Any other Association member designated.
E. All memorandums and overtime requests will be forwarded to payroll and the
copies will be sent to the Secretary of the Association for accounting purposes.
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POA MOU Res.No.2001-28
EXHIBIT C — RETIREE MEDICAL SUBSIDY
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:
1. 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
2. At the time of retirement, the employee is employed by the City; and
3. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any
one of the following:
1. During any period the retired employee is eligible to receive or
receives health insurance coverage at the expense of another
employer, the payment will be suspended. "Another employer" as
used herein means private employer or public employer or the
employer of a spouse. As a condition of being eligible to receive the
premium contribution as set forth in this plan, the City shall have the
right to require any retiree to annually certify that the retiree is not
receiving or eligible to receive any such health insurance benefits from
another employer. If it is later discovered that a misrepresentation has
occurred, the retiree will be responsible for reimbursement of those
amounts inappropriately expended and the retiree's eligibility to
receive further benefits will cease.
2_ On the first of the month in which a retiree or dependent reaches age
65 or on the date the retiree or dependent can first apply and become
eligible, automatically or voluntarily, for medical coverage under
Medicare (whether or not such application is made) the City's
obligation to pay monthly premiums may be adjusted downward or
eliminated. Benefit coverage at age 65 under the City's medical plans
shall be governed by applicable plan document.
3. In the event the Federal Government or State Government mandates
an employer-funded health plan or program for retirees, or mandates
that the City make contributions toward a health plan (either private or
public) for retirees, the City's contribution rate as set forth in this plan
shall first be applied to the mandatory plan. If there is any excess, that
excess may be applied toward the City medical plan as supplemental
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POA MOU Res.No.2001-28
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.
A. Minimum Eligibility for Benefts — 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. Subsidy— Payment shall not exceed dollar amount, which is equal to the full cost
of premium for employee only.
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 1011192
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
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POA MOU Res. No.2001-28
Note: The above payment amounts may be reduced each month as
dependent eligibility ceases due to death, divorce or loss of dependent
child status. However, the amount shall not be reduced if such
reduction would cause insufficient funds needed to pay the full premium
for the employee and the remaining dependents. In the event no
reduction occurs and the remaining benefit premium is not sufficient to
pay the premium amount for the employee and the eligible dependents,
said needed excess premium amount shall be paid by the employee.
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 cast_ Those without sufficient credited quarters are still
eligible for Medicare at age 65, but will have to pay for Part A of
Medicare if the individual elects to take Medicare. In all cases, Part B
of Medicare is paid for by the participant.
2. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the subsidy shall pay for Part A for
each of them or the maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and
his/her spouse is not eligible for paid Part A, the spouse shall not
receive subsidy. When a retiree at age 65 is not eligible for paid Part
A of Medicare and his/her spouse who is also age 65 is eligible for
paid Part A of Medicare, the subsidy shall be for the retiree's Part A
only.
E. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the
following cancellation provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan
will be eliminated on the first day of the month in which the retiree
reaches age 65. if such retiree was covering dependents under
the Plan, dependents will be eligible for COBRA continuation
benefits effective as of the retiree's 65th birthday.
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POA MOU Res.No.2001-28
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
retireesldependents 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.
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POA MOU Res. No.2001-28
EXHIBIT D
EMPLOYEE HEALTH PLAN DOCUMENT
A copy of the Employee Health Plan Document
may be obtained from the
Risk Management Division
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POA MOU Res. No.2001-28
EXHIBIT E
DELTA CARE PLAN BROCHURE
A copy of the Delta Care Plan Brochure
may be obtained from the
Payroll and Benefits Division
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POA MOU Res. No.2001-28
EXHIBIT F
DELTA DENTAL PLAN BROCHURE
A copy of the Delta Dental Plan Brochure
may be obtained from the
Payroll and Benefits Division
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POA MOU Res. No.2001-28
EXHIBIT G
VISION CARE PLAN BROCHURE
A copy of the Vision Care Plan Brochure
may be obtained from the
Payroll and Benefits Division
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POA MOU Res.No.2001-28
EXHIBIT H
PERSONNEL RULE CHANGES
A. Rule 5 — 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 (except Police Sergeant). In
the event another examination is conducted, those names shall be merged with
others already on the list in order of scores.
B. .Rule 5-14, Promotional Examinations - 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 for each position to be filled. Only employees
who meet the requirements for the vacant position may compete in promotional
examinations. Promotional examinations may include any of the selection
techniques, or any combination thereof, mentioned in Section 5-13. Additional
factors including, but not limited to, performance rating and length of service may
be considered. A promotional employment rating and length of service may be
considered. A promotional employment list shall be established after the
administration of a promotional examination.
C. Rule 5-20, Duration of Employment Lists - Employment lists.shall remain in effect
for one (1) year from the date of the last examination, unless sooner exhausted.
Closed promotional lists and entry level employment lists may be extended prior
to expiration date by the Human 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 entry-level lists
shall be merged with others already on the list in order of scores.
D. Rule 7 — Discipline
a) 7-2 Causes for Discipline
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POA MOU Res. No.2001-28
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 contendere, 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.
E. Rule 8 — Termination
a) 8-1 Medical Examination. 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 (3) to
five (5) 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. 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 is qualified.
If such employee is qualified and can perform the duties of a equal or 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.
(The City and Association agree to meet biannually to discuss the 8-1 process.)
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POA MOU Res.No.2001-28
F Rule 8-3 La off In Accordance with Len th of Service. Determination of Length of
Service. Professional Scientific and Executive Classes - Layoff shall be made in
accordance with the relative length of the last period of continuous service of the
employees in the class of layoff, provided however that no permanent employee
shall be laid off until all temporary, acting and probationary employees in the
competitive service holding positions in the same class in the same department are
first laid off. Except as otherwise provided in this part, in determining length of
service scores, one point shall be allowed for each complete month of full-time
service in the class of layoff or demotion and in classes that, at the time notice of
layoff is given, have the same or a higher maximum salary. One-half point shall be
allowed for each complete month of full-time service in all other classes.
G Rule 8-11 Re-Em to ment - 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 a comparable class within one (1) year from date of resignation in accordance
with Rule 5-21. If such re-employment commences within ninety days of the
effective date of resignation, the employee shall not be considered a new employee
for vacation and seniority purposes.
H. Rule 12 — Classification Plan
a) 12-10 — Temporary Employees — Employment on a basis other than permanent
or probationary to a permanently budgeted position not to exceed 1,000 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.
I. Rule 14 ---Additional Pay and Pay Adjustments
14-6 — Salary Advancements to Meet Recruitinq Problems or to Give Credit for
Prior Service. A lication for Other Advancement — The Department Head,
through the Human Resources Officer and with the approval of the City
Administrator may make an appointment at any step 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.
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POA MOU Res, No.2001-28
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
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 .
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POA MOU Res. No.2001-28
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.
J Rule 18-19 Maternit Leave - A permanent employee shall be entitled to a leave of
absence without pay due to inability to work due to pregnancy. The employee will
be entitled to use available sick leave during this period. Said leave must be
requested in writing from the Department Head and must include written notification
from the employee's physician stating the last day the employee may work and
estimated duration of leave. The employee must obtain written authorization to
return to work from the attending physician. Said authorization must be filed with
the Department Head and the Human Resources Officer.
K Rule 19-5 Step 4 Ci 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 gearing 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 nova
and shall make recommended findings, conclusions and decision in the form of a
written report and recommendation to the City Administrator within five (5) days
following such hearing. The City Administrator may, at his/her discretion, receive
additional evidence or argument by setting the matter for hearing within ten (10)
days following his/her receipt of such report and causing notice of such hearing to
be served upon the employee, employee organization and the Human Resources
Officer.
Within five (5) days after receipt of the Human Resources Officer's report, or the
hearing provided for above, if such hearing is set by the City Administrator, the City
Administrator shall make written decision and cause such to be served upon the
employee or employee organization and the Human Resources Officer.
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I
POA MOU Res.No.2001-28
L. Rule 19-5(b), 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 approved by the Personnel Commission.
Ratification of the hearing officer selected by mutual consent of the parties, if from a
list approved by the Personnel Commission shall not require separate approval or
ratification by the Personnel Commission. The hearing officer shall hear the case
and make recommended findings, conclusions and decision in the form of a written
report and recommendation to the Personnel Commission. In Lieu of the hearing
officer process, the Personnel Commission may agree to hear a case directly upon
submission of the case by mutual consent of the parties.
K. Rule 20 —Disciplinary Procedure and Appeal
a) 20-1 — Purpose — 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 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 of
the action.
c) 20-3 _-- Appeal to Personnel Commission —Disciplinary action involving the
termination, suspension, demotion or other reduction in pay may be appealed to
00-03 POA MOU Final 42 5116101 10:38 AM
POA MOU Res.No.2001-28
the Personnel Commission for de novo hearing and final determination in
accordance with the following procedure:
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
shall hear the case without the Commission and shall make recommended
findings, conclusions and decision in the form of a written report and
recommendation to the Commission.
3) Final Decision — The Commission 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 appeal.
d) 20-4 — Supplemental Hearing by Personnel Commission
1) The Commission may, in its sole discretion, after it has received the written
report and recommendation of the hearing officer, set the matter of private
hearing for the purpose of receiving additional evidence or argument. In the
event the Commission sets a private hearing for such purposes, the Human
Resources Officer shall give written notice to all parties concerned in such
matter.
2) The Commission, following a consideration of the hearing officer's written
report and recommendation and deliberation thereon and any supplemental
hearing before the Commission, shall make findings, conclusions and
decisions which shall be final and binding on all parties and from which there
shall be no further appeal.
e) 20-5 — Employee Status on Pending Appeal — Notwithstanding the provisions of
Rule 7, Section 7-4 (Suspension with Pay), the disciplinary action shall be
effective pending an appeal to the Personnel Commission.
M. Rule 21-7, 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.
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POA MOU Res. No.2001-28
N. Rule 21-12, Time, Extension of - Upon written consent of the parties, the time
limitation imposed upon procedures set forth in these rules may be extended a
reasonable time. The City and the employee, or employee organization may, by
mutual consent, extend the time periods within which an act must occur in the
processing of grievances.
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POA MOU Res. No.2001-28
EXHIBIT I
INCOME PROTECTION PLAN
This is to memorialize an agreement between the city of Huntington Beach (City) and the
Huntington Beach Police Officers' Association (HBPOA) regarding authorizing the HBPOA to
administer its own Long Term Disability (LTD) insurance program providing the following
conditions are adhered to:
1 . The City and HBPOA agree that the City shall no longer provide a City sponsored LTD
Insurance Program.
2. HBPOA shall contract with an insurance provider for LTD insurance for the employers
represented by the HBPOA.
3. The City shall pay to HBPOA for the cost of LTD premiums not to exceed $38 per month
per occupied covered position represented by HBPOA_
4. Non-dues paying represented employees shall be covered by the LTD Policy at the same
premium rate as dues paying represented employees.
5. City payment to HBPOA is-to be made for each represented employee per month based
on the bi-weekly payroll
6. HBPOA shall pay the insurance company for the cost of premiums and any changes
incurred for administering the program.
7. HBPOA shall provide the City with a monthly listing of covered employees.
8. No self-funding/self-insurance of LTD benefits is permitted under this agreement.
9. The insurance provider shall provide documentation to the City as follows:
A. An annual certification of the Plan on each anniversary the Plan is in effect which will
include:
1. A copy of the most current audited financial statements;
2. A copy of the latest actuarial report, which should be completed by an
independent "Fellow of the Society of Actuaries',-
3. A copy of the in-force re-insurance Policy;
4. A statement certifying that premiums collected are for LTD benefits for HBPOA
represented employees only;
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EXHIBIT I
INCOME PROTECTION PLAN
5. A copy of the current plan document as well as any changes or amendments, or
written confirmation that there have been no changes as LTD insurance provider;
6. A copy of the "Summary Annual Report" and, upon request, a copy of the latest
filed Form 5500.
7. A listing of active HBPOA claimants with all relevant data as requested by City
(i.e., date of disability, etc.) including the allocated reserves for each claimant.
8. Verification of the premium received and credited by the HBPOA.
9. A statement certifying that the submitted premiums are only being utilized to
provide LTD benefits for participating members including members of the HBPOA;
and
10. A written confirmation from the plan administrator confirming (1) that it is
authorized to do business in California; (ii) that it is properly licensed; (iii) that it
maintains current "Errors and Omissions" insurance; and (iv) that it is bonded.
10. All federal and State laws regarding LTD insurance benefit coverage shall be followed.
11. HBPOA agrees that it will indemnify and hold harmless the City as well as all direct or
indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers,
employees, attorneys, representatives, and each of them, past and present, from and
against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever,
which may result from the HBPOA sponsored and administered LTD insurance program.
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POA MOU Res.No.2001-28
EXHIBIT J
MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY
This Mandatory/Random Controlled Substance and Alcohol Testing policy affirms the
department's commitment and responsibility to provide a safe, healthful and productive work
environment for all employees and to ensure that public services are provided in a safe, efficient
and effective manner. We also recognize that it is each employee's responsibility to perform
their services for the public as safely, effectively and efficiently as possible, and to maintain a
healthy work environment, free of any adverse effects caused by controlled substances and/or
alcohol.
The Mandatory/Random Controlled Substance and Alcohol Testing policy will take effect on the
date the 2000 Huntington Beach police Officer's Association Memorandum of Understanding is
ratified.
2/1075.00 MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL
TESTING
A_ GENERAL
1. No police department employee shall use or possess. any controlled
substance, as defined in this policy, unless prescribed for the employee
by a medical doctor.
2. No police department employee shall report to duty under the influence
of alcohol or with an odor of alcohol on his or her breath.
3. Sworn police officers of all ranks are subject to mandatory random
chemical analysis of their urine to detect the presence of controlled
substances and breath testing to detect the presence of alcohol.
4. "Probable cause": Any employee may be required to submit to a
chemical or breath test upon probable cause or reasonable suspicion as
it relates to this policy. A reasonable suspicion is based on objective
facts and a reasonable inference drawn from those facts that an
employee is under the influence of a controlled substance(s) and/or
alcohol. Such objective facts may include but not be limited to
characteristics of the employee's appearance, behavior, mannerisms,
speech, or body odors. It may also be based on actual observations of
the ingestion of alcohol or use of any controlled substance by an
employee, or based upon reliable information that an employee is using
or has recently used or possessed a controlled substance.
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EXHIBIT J
MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY
5. Failure to comply with the provisions of this policy will result in
appropriate disciplinary action up to and including termination.
6. The provisions of the policy do not preclude employees who are not
subject to mandatory or random testing from submitting to testing on a
voluntary basis.
B. DEFINITIONS
1. Mandatory Controlled Substance Test - Means the compulsory
production and submission of urine by an employee, in accordance with
departmental procedures, for chemical analysis to detect the presence
or absence of controlled substances.
2. Mandatory Breath Alcohol Test — Means the compulsory production and
submission of breath by an employee, in accordance to departmental
procedures, for analysis to detect the presence or absence of alcohol.
3. Random Test - A scientifically valid computerized method of selecting
randomly who will be tested during a specific period. Each member of
the pool has an equal chance of being selected during any testing
period.
4. Initial Screening Test - Means the first test for the presence of the
controlled substances being screened. A licensed Substance Abuse
Mental Health Services Administration laboratory conducts this test.
5. Confirmatory Test - Means the second test to confirm the presence or
absence of those controlled substances being tested.
6. Controlled Substance - Means any drug, narcotic or immediate
precursor, which is specified or referenced in any provision of the
California Uniform Controlled Substance Act (Division 10 of the
California Health and Safety Code) which may subject an individual to
criminal penalties.
7. Legal Drug - Means any "over-the-counter" drug or "prescription" drug
which has been legally obtained and is being used in the manner,
combination and quantity for which it was manufactured, prescribed, or
intended.
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EXHIBIT J
MANDATORYIRANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY
8. On Duty - Means the span of time between the time the employee
reports for his or her work shift through the time the employee ends duty
for the same shift and also while on overtime.
9. Prescription Drug - Means any drug prescribed for the individual by a
licensed medical practitioner.
10. Medical Review Officer - The Medical Review Officer (MRO) shall be a
licensed physician who has knowledge of substance abuse disorders
and has appropriate medical training to interpret and evaluate an
individual's positive test result together with his or her medical history
and any other relevant biomedical information. The MRO will consult
with the Administrative Support Bureau Lieutenant in the event that a
professional standards investigation is instituted as a result of a positive
confirmatory test.
11 . Administrative Support Bureau Lieutenant - Shall mean the
Administrative Support Bureau Lieutenant or his/her designee.
12. SAMHSA - Is the Substance Abuse Mental Health Services
Administration.
13. AMC - Is Addiction Medicine Consultants, P.Q. Box 8878, Redlands, CA
92375.
C. CONFIDENTIALITY OF TESTING
Employees subject to controlled substance testing will be assigned a test
identification number by AMC. The actual collection process shall be as
discreet as possible and shall respect the dignity of the employee. The
Administrative Support Bureau Lieutenant will be notified by AMC of the results
of the tests.
D. ADMINISTRATION
AMC or other authorized substance abuse consulting company will conduct the
controlled substance and alcohol testing procedures.
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EXHIBIT J
MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY
E. FREQUENCY OF TESTING
Employees will be assigned confidential numbers, which will be placed into a
computerized pool from which the number of employees to be tested will be
selected each month. All sworn personnel will be assigned confidential
numbers which will be placed into a computerized pool, maintained by the
testing company, from which the number of employees to be tested will be
selected each month. Once each month the testing company computer will
randomly select that number of employees which represents 1112" of 25% of
the sworn employees represented by the H.B.P.O.A. The actual number of
employees selected by this formula shall be rounded upward only upon a
decimal point which exceeds _6_ The names of the selected employees shall
immediately be forwarded to the Administrative Support Bureau Commander.
Those employees who are on duty who have been selected in accordance with
the above procedure shall be tested on that day. Those employees who are
not on duty on the day selected shall be tested on the first day following their
return to work. There will be no minimum or maximum number of times an
employee may be tested in a year. Any employee temporarily reassigned to
another shift (i.e., due to. injury/illness) in excess of 40 hours will be included in
the specific test period consistent with the employee's work hours.
F. NOTIFICATION
ATA will provide the Administrative Support Bureau Lieutenant with the
randomly selected employees. Administrative Support Bureau Lieutenant will
summon them for testing during their normal duty hours. All available
employees will be tested.
The numbers assigned to the unavailable employees will be returned to the
pool of confidential numbers for the next random selection and testing. There
will be a pre-test interview with the employee to explain the Drug Disclosure
Statement before beginning the collection process. The employee will
complete the statement, which elicits information about recent use of
prescription medications and accidental exposure to controlled substances.
The disclosure statement will be sealed in an envelope by the employee and
given to the Administrative Support Bureau Lieutenant. The disclosure
statement will not be reviewed by anyone unless the confirmatory test shows
positive. If the test is negative, the employee may request the Administrative
Support Bureau Lieutenant to destroy (shred) the statement or return it to him
or her.
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POA MOU Ices.No.2001-28
G. URINE COLLECTION
After completion of the disclosure statement, the employee will be directed to
the designated test site. The employee will have up to two (2) hours to
produce a urine sample of at least 60 milliliters (2.0 fluid ounces), the amount
considered sufficient for laboratory analysis. The employee may drink fluid to
aid in urination. The following steps will be taken in the collection process:
1. The employee will randomly select a urine collection kit.
2. The employee will be visually checked for any unusual protruding areas
about the body and asked to remove large items during the collection
process. The employee will also be required to produce a picture ID
to verify identification.
3. The employee will be escorted to a restroom at the site where a
laboratory worker will tape the handle of the faucet and the toilet bowls
to deter/detect usage of those plumbing facilities during the collection
process. The employee will then be left alone in the restroom to urinate
into the collection kit container.
The employee will apply the lid to the container and give it to the
laboratory attendant who will apply a digital temperature indicator strip
to the side of the container about 3/4" from the bottom. The
temperature will appear on the temperature strip within four (4) minutes
and will be read by the laboratory attendant. The laboratory attendant
will then divide the urine sample into a primary and a split specimen by
pouring the sample into two containers.
4. The laboratory attendant will then complete a chain of custody form in
the presence of the employee, which will include the following
information:
a. Employee identification number.
b. Reason for the test: i.e., random, pre-employment, probable
cause, etc.
c. Verification of identification.
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EXHIBIT J
MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY
d_ Tests to be .performed; i.e., Opiates, PCP, Cocaine,
Amphetamines, Marijuana, Barbiturates, Bensodiazepines,
Steroids, or any other controlled substance specified in Division 10
of the California Health and Safety Code.
e. Date and time of collection_
f. Collector's name and location and telephone number of collection
facility. A check mark if the urine is within the specified range. If
outside the range, the actual temperature in degrees will be
recorded and, if the employee permits, oral temperature will be
taken and recorded.
6. The donor will initial and date a numerically unique chain of custody
label.
7. The laboratory attendant will place the label on the lid of the urine
container.
8. The laboratory attendant will then complete the chain of custody portion
of the chain of custody form, remove the top copy and place the urine
sample and the top copy of the form into a clear plastic evidence bag
and seal it.
9. The employee will then be required to complete the bottom of the chain
of custody form marked "Medical Review Officer." That information will
include the employee's name, telephone number, date of birth,
signature and date.
10. The employee will be asked to initial and date the sealed plastic
evidence bag.
11. The remaining chain of custody form copies will be distributed as
follows.
a. Pink copy to the Medical Review Officer.
b. Green copy to the employeeldonor,
c. Yellow copy to collection laboratory.
d. Blue copy to the Administrative Support Bureau Lieutenant.
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EXHIBIT J
MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY
12. Laboratory personnel will return to AMC with the sealed evidence bag.
It will be sent to an airborne courier and transported to a SAMHSA
analysis-testing laboratory,
13. The split specimen will remain at the original testing laboratory until a
written request by the donor is received by the Medical Review Officer
to have the original testing laboratory send the split specimen to another
certified laboratory for reanalysis by GC/MS confirmation.
H. LABORATORY TEST RESULTS
1. If the initial screening test is negative, no other tests will be performed
and the drug test shall be deemed negative. AMC will notify the
department of negative test results within 72 hours.
2. The initial screening tests will be for the following substances at the
following levels:
Substances Initial Test Lea��els'
. ....
Opiates 2000 ng/ml
Phencyclidine (PCP) 25 ng/ml
Cocaine 300 nglml
Amphetamines 1000 nglml
Marijuana 50 ng/ml
Barbiturates 200 ng/ml
Bensodiazepines 200 ng/ml
Anabolic Steroids 10 nglml
3. In the event of a positive result, the second of the two samples collected
will be sent to a laboratory of the employee's choice, chosen from an
approved list of laboratories. The following testing levels for the second
test shall be considered a positive for that substance.
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POA MOU Res.No.2001-28
..I.... _ .. ....
SlUbt#ances t.6 S�condn—est , "'
........ ......... . ....
....
.........
................................
Opiates 2000 ng/ml
Phencyclidine (PCP) 25 ng/ml
Cocaine 150 ng/ml
Amphetamines 500 ng/ml
Marijuana 15 ng/ml
Barbiturates 200 ng/ml
Bensodiazepines 100 ng/ml
Anabolic Steroids 10 ng/ml
4. If the confirmatory test is positive, the test results along with the Drug
Disclosure Statement will be furnished to the Medical Review Officer,
who is employed by AMC. After their review, the Medical Review
Officer will contact the employee by telephone to discuss the results. If
the Medical Review Officer believes there is a legitimate and
satisfactory explanation for the positive test results, it will be considered
a negative test and no further action will be taken. If the Medical
Review Officer does not find a satisfactory explanation, the laboratory
test results and the Drug Disclosure Statement will be forwarded to the
Administrative Support Bureau Lieutenant who will cause a professional
standards investigation to be conducted.
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EXHIBIT J
MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY
ANY NEGATIVE TEST RESULTS ATANYSTAGE OF TESTING
WILL BE DEEMED A NEGATIVE TEST.
I. BREATH ALCOHOL TESTING PROCEDURES
1. Initial Testing:
a) The Breath Alcohol Technician (BAT) must complete Step 1 on
the Breath Alcohol Testing Form. The employee must then
complete Step 2 on the form, and sign the certification. Refusal
by the employee to sign the certification will be regarded as
refusal to take the test.
b) After the BAT attaches an individually sealed mouthpiece
(opened in view of the employee) to the Evidential Breath Test
(EBT) device, the BAT will instruct the employee to blow
forcefully into the mouthpiece until the EBT device indicates that
adequate breath has been obtained.
c) If the EBT device has capability to print the Breath Alcohol
Testing Form, the BAT must ensure, before administering the
test, that both BAT and employee read the sequential number
displayed by the device. Following the test, the BAT must show
the employee the result displayed on the EBT device.
If the EBT device generates a printed result, but does not print it
directly onto the Breath Alcohol Testing Form, the BAT must
show the employee the result displayed on the EBT device and
affix the result printout to the Breath Alcohol Testing Form in the
designated space, using a method that will provide clear
evidence of removal (such as tamper-evident tape). If the EBT
device lacks printing capabilities, the BAT must show the
employee the result displayed on the EBT device, complete Step
3 of the Breath Alcohol Testing Form and make required entries
in the logbook. The employee must initial the logbook entry.
d) If the screening test reveals a BAC of 0.01or greater, a
confirmation test will be performed.
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EXHIBIT J
MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY
2. Confirmation Testing:
a) The employee must be instructed not to eat, drink, put any object
or substance into his or her mouth and to the extent possible, not
belch during the 15-minute waiting period between the
completion of the screening test and the beginning of the
confirmation test.
b) This test must be performed within 30 minutes of the completion
of the screening test.
c) If the screening and confirmation test results are not identical, the
confirmation result is deemed to be final.
d) The BAT must ensure, before administering the test that both
BAT and employee read the sequential number displayed by the
device. If the EBT device has capability to print the test results
directly onto the Breath Alcohol Testing Form, the BAT must
show the employee the result displayed on the EBT device. If
the EBT device generates a printed result, but does not print it
directly onto the Breath Alcohol Testing Form, the BAT must how
the employee the result displayed on the EBT device, and affix
the test result printout to the Breath Alcohol Testing Form in the
designated space using a method that will provide clear evidence
of removal.
e) In the case of a confirmed positive test, the results must be
transmitted immediately to the Administrative Support Bureau
Lieutenant.
f) If the breath alcohol confirmation test is positive, the BAT will
proceed to have a separate urine specimen collected for testing
by a certified lab for the presence of ETOH according to the .
procedures in item #G.1-13.
3. Inability to Provide an Adequate Amount of Breath.
a) The BAT must instruct the employee to attempt to provide an
adequate amount of breath. If the employee refuses to make an
attempt, the BAT will immediately inform the Administrative
Support Bureau Lieutenant_
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EXHIBIT J
MANDATORYIRANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY
b) If the employee attempts and fails to provide an adequate
amount of breath, the BAT will so note in the remark section of
the Breath Alcohol Testing Form. The BAT will immediately
inform the Administrative Support Bureau Lieutenant who will
direct the employee to obtain an evaluation from a licensed
physician concerning the employee's medical ability to provide an
adequate amount of breath.
J_ REFUSAL TO PROVIDE URINE AND/ OR BREATH SAMPLES
If the employee refuses to submit to random controlled substance
testing/breath testing or follow the testing and collection procedures, the
Administrative Support Bureau Lieutenant will order the
Employee to comply. If the employee refuses to obey the order, the
Administrative Support Bureau Lieutenant shall cause a professional
standards investigation to be conducted, which may result in disciplinary
action, up to and including termination.
K_ INVESTIGATION AND DISCIPLINE
If the confirmatory test results are positive, the Administrative Support Bureau
Lieutenant shall cause a professional standards investigation to be conducted.
That investigation shall include, among other things, contact with the Medical
Review Officer. All reports generated through confirmatory drug testing shall
be kept in a separate general drug-testing file maintained by the Administrative
Support Bureau Lieutenant. Any reporting done as a result of a professional
standards investigation regarding this policy shall be kept on file in the same
manner as any other professional standards investigation.
The results of a professional standards investigation may result in disciplinary
action, up to and including termination.
All department rules and regulations regarding possible discipline matters shall
apply.
00-03 POA MOU Final 57 5116101 9:18AM
Res. No. 2001-28
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIF 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 21st
day of May, 2001 by the following vote:
AYES: Green, Boardman, Cook, Dettloff, Bauer
NOES: None
ABSENT: Julien Houchen, Garofalo
ABSTAIN: None
dm
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California