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HomeMy WebLinkAboutCity Council - 2003-38 RESOLUTION NO. Wig_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION TO REFLECT AN AGREED UPON ADMINISTRTIVE APPEAL PROCEDURE WHEREAS, the City Council of the City of Huntington Beach desires to modify the Memorandum of Understanding with the Huntington Beach Police Officers' Association to reflect an agreed upon administrative appeal procedure, NOW, THEREFORE,the City Council of the City of Huntington Beach resolves as follows: 1. The Side Letter of Agreement, with effective date of June 3, 2003,to the Memorandum of Understanding (M.O.U.) Between the City of Huntington Beach and the Huntington Beach Police Officers Association, a copy of which is attached hereto and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof. 2. The City Administrator is authorized to execute this Side Letter on behalf of the city. 3. The Side Letter shall be effective for the term of the current M.O.U. adopted by Resolution No. _2o(]3_,1R _ and shall be included in any new Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of June. , 2003. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: t , City AdKiiiistrator Chief of Police 03reso/side letter/5/8/03 Resolution No. 2003-38 It is the understanding of the City of Huntington Beach and the Huntington Beach Police Officers' Association that this side letter to existing 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 side letter to the Memorandum-of-Understanding this day of May, 2003 HUNTINGTON BEACH CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION t4v _ r William P. Workman Russell Reinhart, POA President Assistant City Administrator Clay M n Direct r of Administrative Services APPROVED AS TO FORM: J Len nifeAMGrath $ VOY City Attorney Exhibit to Resolution No.2003-38 Side Letter of Agreement—Administrative Appeal Procedure Between the City of Huntington Beach and the Huntington Beach Police Officers' Association Effective Date: June 3, 2003 This is to memorialize an agreement between the City of Huntington Beach and the Huntington Beach Police Officers' Association (POA) to reflect an agreed upon Administrative Appeal Procedure For Compliance With Government Code Section 3304(b) and include this Side Letter as Exhibit H of the current 2002-2003 Memorandum of Understanding. This agreement is to be incorporated into any future Memorandum-of- Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. Exhibit H — Administrative Appeal Procedure shall now read: 1 . Authority a. Rule 19 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 19 applies to all permanent City employees. b. Government Code Section 3304(b) allows that an appeal procedure be made available to all "public safety officers" (as defined at Government Code § 3301) for the following "punitive actions:" (i) official reprimands; (ii) punitive transfers that do not involve a loss of pay, and (iii) non-punitive transfers that does result in a loss of pay. Such actions will be collectively referred to as an "Action." Case law allows such an appeal procedure to be more limited than afforded under Rule 19. C. This Side Letter is intended to establish the Administrative Arbitration Panel to hear appeals from public safety officers. This Side Letter only applies to an "Action" as defined above in "b." It does not apply to a non-punitive transfer imposed on a public safety Resolution No. 2003-38 officer that does not result in a loss of pay. (Government Code § 3304(b)) 2. Administrative Arbitration Panel a. Appeals will be heard by a neutral fact finding group of three city employees. b. Only active full-time employees of the City of Huntington Beach Police Department may serve on the Administrative Arbitration Panel. The Panel is comprised of one employee selected by the POA, one employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two Panel members. If no agreement can be reached, the "strike-out" process will be used to select the third Panel member, with the POA and the Chief each submitting four names for consideration. A coin toss will determine the party striking first with the POA reserving the right to call the coin or defer. C. The panel member selected by the Chief of Police, the POA, and the panel member selected by the Chief of Police and the POA shall each select one alternate to the panel to serve in place of a panel member who has direct involvement in the punitive action or is a party to the issue. d. A Panel member will serve one year. e. If the Panel member selected to serve on an Administrative Arbitration Panel has direct involvement in the punitive action or is a party to the issue, he or she will be replaced by the alternate. 3. Appeal Notice a. An appealing officer has five (b) calendar days from date of receipt of an "Action" to file a written appeal with the Police Chief; otherwise, the "Action" shall stand as issued with no further rights to appeal. Resolution No. 2003-38 b. If an officer chooses not to appeal an "Action, " they may submit a written rebuttal within thirty (30) days from date of receiving the "Action." The written rebuttal will be filed with the "Action" in the officer's official personnel file. 4. Scheduling of Hearing Upon receipt of the written appeal notice, the Chief of Police is required to immediately request the Administrative Arbitration Panel to convene for a hearing. The Administrative Arbitration Panel is required to convene within thirty (30) days of receiving notice from the Police Chief. 5. Hearing Procedure a. All hearings shall be closed to the public unless the disciplined officer requests a public hearing. b. All hearings shall be tape-recorded. C. The Administrative Arbitration Panel shall hear testimony from the appealing officer and the Department (specifically, the officer who investigated the conduct that led to the Written Reprimand). Testimony shall not exceed one hour from each side and an additional fifteen (15) minutes shall be g iven to each for rebuttal. The Department shall be heard first. d. If an appealing officer wishes to submit a written argument in lieu of oral testimony, the officer may do so provided that the opposing party is notified. The written testimony may not exceed one thousand five hundred (1,500) words. The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3) days in advance of the scheduled hearing. e. There is no right to sworn testimony, subpoenas, cross-examination or representation by third parties, including attorneys, at the hearing. Resolution No. 2003-38 f. In all "Actions" involving punitive discipline, the burden of proof shall be on the Department to show by a preponderance of the evidence that just cause exists for imposing discipline. In all non-punitive "Actions" (e.g., a non-punitive transfer that results in a loss of pay), the burden of proof shall be on the Department to show by a preponderance of the evidence that reasonable grounds exist for the transfer. 6. Rendering of Decision by the Administrative Arbitration Panel a. At the conclusion of the hearing, the Administrative Arbitration Panel shall deliberate in closed session. b. The decision of the Administrative Arbitration Panel is binding with no further rights to appeal. C. The decision of the Administrative Arbitration Panel must be issued in writing to the appealing officer within seven (7) calendar days from the conclusion of the hearing. d. The member of the Administrative Arbitration Panel who was selected by the POA and the Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties. e. The decision shall include the following: ➢ Sustained ("Action" stands) ➢ Not Sustained ("Action" does not stand) f. In the event an officer's "Action" is Sustained, the officer may, within five (5) calendar days from the date of the Administrative Arbitration Panel's decision, file a written rebuttal. The written rebuttal will be filed with the "Action" in the employee's official personnel file, along with the tape recording of the hearing. Res. No. 2003-38 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH j 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 an regular meeting thereof held on the 2nd day of June, 2003 by the following vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California