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HomeMy WebLinkAboutCity Council - 2004-97 RESOLUTION NO. 2004-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING BENEFITS AND AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION WHEREAS, the City Council of the City of Huntington Beach desires to modify benefits for employees represented by the Huntington Beach Police Officers' Association; and WHEREAS,the City Council has determined that it is necessary to employ police officers retired from the City of Huntington Beach to temporarily fill open positions in the Police Department that are fully funded and authorized by the City budget; NOW, THEREFORE, the City Council of the City of Huntington Beach resolves as follows: 1. The side letter dated November 18, 2004 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. 2001-28 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 20th day of December , 2004. r ATTEST: 9 ,2 APPROVED AS TO FORM: City Clerk REVIEWED AND APPROVED: j //off ity Attorney Ut{� INITIATED AND APPROVED: City Administrator Chief of Police ` ` O � SIDE LETTER AGREEMENT November 18, 2004 Representatives of the Huntington Beach Police Officers Association and Police management met and conferred on October 26, 2004 over the issue of a temporary part- time employee program (known as the 960 Program). As a result of that meeting, agreement was reached on the following: DEFINITION: Temporary Part-time employees (960 employees) will be used to fill a maximum of ten (10) open positions in the police department subject to the following conditions: ELIGIBILITY: 1. Must have retired from a sworn position of any rank from the Huntington Beach Police Department through a service retirement. 2. Will be employed only in line-level positions. 3. Will be limited to working a total of nine hundred sixty (960) hours per year. 4. Will work at the discretion of the Chief of Police and are "at will" employees. 6. Any employee who has previously separated from employment with the city will be required to undergo and pass both a background investigation and a medical examination. Permanent full-time employees who retired and immediately became reserve officers are exempt from this requirement. 6. Positions in this program will not be available to employees who have previously received any type of disability retirement. PAY AND BENEFITS: 1. Program participants will be compensated at the base rate currently being earned by the "E-step Police Officer" position as enumerated in the current Memorandum of Understanding for the Huntington Beach Police Officers Association. 2. Program participants will not receive any other benefits unless specifically enumerated herein. 3. If injured on duty, employees in this program will receive benefits in accordance with applicable law regarding safety personnel. 4. Program participants will be compensated for court appearances at the hourly rate enumerated above. On-call status for court will be compensated in accordance with the rules contained in the current Memorandum of Understanding for the Huntington Beach Police Officers Association. CONDITIONS: Participants in this program may be assigned to any unit in the police department at the discretion of the Chief of Police. The intent is to primarily place participants in the Uniform Division, Patrol Bureau and the Administrative Operations Division, Personnel Unit. Effort will be made to avoid placing a program participant in a highly desirable slot in the Patrol Schedule. It is not the intent of this program to permanently replace any permanent full-time positions through the use temporary part-time employees. The Chief of Police may discontinue this job program at any time. Specifically, at such time as he deems our staffing levels to be appropriately filled by Permanent Full-time Staff. DURATION: The City and the HBPOA agree to enter into this agreement for a three (3) year trial period that will begin when the first participant in the program begins working a shift. During this trial period, either party may request to meet and confer regarding unforeseen or unintended consequences arising from this agreement. For HBPOA For the City of Huntington Beach e i� Russell Reinhart, President Dr. Pe lope Culbreth-Graft, City in' trator Dated: I'?--L_ —U%i Dated: Kenneth W_ Small, Chief of Police Dated: Res. No. 2004-97 STATE OF CALIFORNIA COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH } I, JOAN L. FLYNN 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 20th day of December, 2004 by the following vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None Ci Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California