HomeMy WebLinkAboutCity Council - 2001-68 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH
POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF
AGREEMENT AND AUTHORIZING THE CITY ADMINISTRATOR
TO EXECUTE THE SIDE LETTER OF AGREEMENT.
WHEREAS, on December 4, 2000, the City Council of Huntington Beach adopted
Resolution No. 2000-1 lb for the purpose of adopting the 2001l03 Memorandum of Understanding
(MOU) between the City and the Huntington Beach Police Management Association (HBPMA);
Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPMA
agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of
Agreement between the City of Huntington Beach and the HBPMA ("Side Letter of Agreement")
attached hereto as Exhibit A and incorporated herein by this reference.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach as follows:
1. That the Side Letter of Agreement is approved and adopted.
2. That the Side Letter of Agreement amends the MOU between the City of Huntington
Beach and the HBPMA.
3. That the City Administrator is authorized to execute the Side Letter of Agreement.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the uth day of SPptpmher , 2001.
ATTEST:
City Clerk 64_27_01 4F Vmayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Ad inistrator C' AA �-�/ WW qK fbj
INITIATE D PPROV
Director of ministrative ices
01 reso/mou-hbpma/9/5/01 1
Res. No. 2001-68
Side Letter of Agreement Res. No. 2001-68
Between the City of Huntington Beach
and the Huntington Beach Police Management Association
This is to memorialize an agreement between the City of Huntington Beach and the
Huntington Beach Police Management Association to reflect agreed upon changes,
corrections or clarifications to the existing 2001-2003 Memorandum of Understanding.
This agreement is to be incorporated into any future memorandum of understanding
between the City and the Huntington Beach Police Management Association.
Article III — Salary Schedule and Retirement
D. Upon adoption of the 2000-2003 Huntington Beach Police Management
Association Memorandum of Understanding, the City shall initiate action to
amend its contract with PERS to implement the "3% at age 50" retirement
formula set forth in California Government Code Section 21362.2 for all
safety employees represented by the Association. At the present time,
based upon actuarial studies conducted by PERS, the City is not required to
make any retirement contributions with respect to employees represented
by the Association. -If,_at any time after the implementation of the 3% at age
50 formula the City is required to make retirement contributions with respect
to employees represented by the Association, the amount with respect to
which each employee is reimbursed pursuant to Article III.B shall be
reduced by a percentage equal to one-half of the percentage of
compensation earnable the City is required to pay in retirement
contributions to PERS, not to exceed 2.25%. For example, if the City is
required to contribute an amount equal to 2% of each employee's
"compensation earnable," the amount of the reimbursement set forth in
Article 111.13 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 111.13 shall be reduced to 6.75% of the employee's
compensation earnable.
E. The City agrees to provide PERS level IV 1959 Survivor's Benefit with
PERS approval.
01-03 PMA Side letter 8/27101 3:02 PM
Res. No. 2001-68
Side Letter of Agreement
Between the City of Huntington Beach
and the Huntington Beach Police Management Association
Article VI — Special Pay and Allowances
E. Uniform Allowance — The City shall continue the Uniform Allowance in lieu
of the City providing uniforms for employees represented by the
Association. Such allowance shall be 1,200 per year; payable in January to
those employees on active duty on January 1st. Employees hired after
January 1st shall have their uniform allowance pro-rated for each month in
which they were on active duty for at 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.
J. Call Back — Police Sergeants who are called back to work will be paid a
minimum of two (2) hours pay at the rate of time and one half their regular
hourly rate, upon arrival at the department or the incident scene until
released.
L. Meal Allowance:
1. Per Diem — Employees shall be entitled toper 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 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.
01-03 PMA 5ideletter 8/27/01 10:52 AM
Res. No. 2001-68
Side Letter of Agreement
Between the City of Huntington Beach
and the Huntington Beach Police Management Association
c. Meal expenses other than listed in "a" or "b" above may be
considered for reimbursement (receipts required) of the Division
Commander.
d. Receipts are not required other than noted above.
2. Per Diem Schedule — $45 per 24 hour period or pro-rated as follows;
breakfast - $10, Lunch - $15, Dinner $20.
Article XII —Workschedule/Overtime/Time Off
A. Work Schedule
1. 4-10 Plan — Unless designated elsewhere, unit employees are entitled
to work four (4) days per week, ten (10) hours each day, meal times to
be included during the ten hour shift.
2. 7-11.5 Plan — The "7.11.5" work schedule will be implemented for
designated employees of the Patrol Bureau only and shall consist of 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 of 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, and Watch Three
will work 1905 hours to 0630 hours.
01-03 PMA Sideletter 8/27/01 3:02 PM
Side Letter of Agreement Res. No. 2001-68
Between the City of Huntington Beach
and the Huntington Beach Police Management Association
d. Overtime — Non-exempt 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.
B. Exempt Employees (Captains and Lieutenants) — Police Captains and
Lieutenants represented herein are exempt employees as to the Fair Labor
Standards Act (FLSA) and as such shall not be disciplined in the form of
suspension of less than a week for non-safety violations and shall not be
eligible for overtime compensation except in the following instances.
1. When such employees are required to fill a full, or partial, work shift
that is not part of the employee's regular work schedule. Partial shift
shall mean five (5) hours or more of a work shift. In such an instance,
the employee may be compensated at the rate of 1 1!z hours for each
hour worked in the form of pay or time off. Such time shall not accrue
in excess of 140 hours.
D. Compensatory Time in Lieu of Overtime (Sergeants) -- Police Sergeants
may elect to receive compensatory bank time in lieu of overtime pay to a
maximum of 140 hours, subject to advance approval of the department
head.
01-03 PMA Sideletter 8127/01 10:52 AM
Side Letter of Agreement Res. No. 2001-6$
Between the City of Huntington Beach
and the Huntington Beach Police Management Association
EXHIBIT C
Personnel Rule Changes
Article XIII — Education Pay
B. Educational Incentive Plan (Sergeants)
1. The Educational Incentive Plan shall be continued for Police Sergeants
as follows, except that no more than thirty (30) units of approved life-
experience credits may be accepted toward educational incentive pay:
Educational Maximum Years of College Units
Incentive POST College Training HBPD Required Monthly
Level Certificate Units Units Points Service Annually Amount
I Intermediate 30 20+ 10 1 6 $ 115
II Intermediate 60 40+ 20 1 3 $ 170
III Advanced 90 60+ 30 2 3 $ 330
IV Advanced 120 0 3 3 $ 330
V Advanced 150 120+ 30 3 0 $330
9. Rule 20 — Disciplinary Procedure and Appeal
c) 20-53 — Appeal to Personnel Commission — Disciplinary action involving
the dismissal, suspension, demotion or other authorized reduction in pay
may be appealed to the Personnel Commission for de novo hearing and
final determination in accordance with the following procedure:
1) Request for Appeal — Within five (5) days after the employee's
receipt of a final Notice of Discipline, a written request for an appeal
to the Personnel Commission shall be submitted to the Human
Resources Officer.
2) Hearing — As soon as practicable thereafter, the Human Resources
Officer shall set the matter for hearing before a hearing officer. The
hearing officer, selected in accordance with Rule 21-7, shall hear
the case without the Commission and shall make recommended
findings, conclusions and decisions in the form of a written report
and recommendation to the Commission.
01-03 PMA Sideletter 8/27/01 10:52 AM
Side Letter of Agreement Res. No. 2001-68
Between the City of Huntington Beach
and the Huntington Beach Police Management Association
EXHIBIT C
Personnel Rule Changes
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 administrative 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 for 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
administrative appeal.
01-03 PMA Sideletter 8/27/01 10:52 AM
u ,r
4�`;4 '('
Side Letter of Agreement Res• No• 2001-68
Between the City of Huntington Beach
and the Huntington Beach Police Management Association
EXHIBIT C
Personnel Rule Changes
It is the understanding of the City and Huntington Beach Police Management
Association that this sideletter to the existing MOU 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 side letter to the
Memorandum of Understanding this 17th day of September, 2001.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH P CE MANAGEMENT ASSOCIATION
Ray S' er, City Administrator Lt. Chuck Th mas, HBPMA President
William Osness, Huma sources Officer Captain Jon Arnold, HBPMA Board Member
Ronald E. Lowe erg, Chief of Poli
APPROVED AS TO FORM:
Gail Hutton, City Attorney
01-03 PMA Sideletter 8/27/01 3:02 PM
Res. No. 2001-68
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 17th
day of September, 2001 by the following vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff,
Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California