HomeMy WebLinkAboutCity Council - 2005-66 RESOLUTION NO. 2005-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON
BEACH POLICE OFFICERS' ASSOCIATION TO IMPLEMENT A TRANSFER IN
THE SCOPE OF REPRESENTATION FOR EMPLOYEES IN THE CLASSIFICATIONS
OF POLICE SERGEANT AND SENIOR POLICE SERGEANT FROM THE POLICE
MANAGEMENT ASSSOCIATION TO THE HUNTINGTON BEACH POLICE
OFFICERS' ASSOCIATION
WHEREAS, on February 7, 2005 the City Council of Huntington Beach adopted
Resolution No. 2005-11 for the purpose of adopting the 2003-2006 Memorandum of
Understanding(MOU) between the City and the Huntington Beach Police Officers'
Association (HBPOA); and
On August 1, 2005 the City Council of Huntington Beach adopted Resolution No.
2005-50 for the purpose of adopting the 2004-2006 Memorandum of Understanding
(MOU) between the City and the Huntington Beach Police Management Association
(PMA); and
City representatives have met with representatives of the PMA and the HBPOA
and in this discussion it was acknowledged that the change in the scope of representation
for employees in the classifications of Police Sergeant and Senior Police Sergeant from the
PMA to the HBPOA does not increase or decrease their current wages, hours and other
terms and conditions of employment as negotiated under the PMA POA; and
The amendment as attached hereto as EXHIBIT "H" to the HBPOA MOU shall
represent all wages, hours and other terms and conditions of employment through June 30,
2006 and thereon, unless otherwise modified by a successor HBPOA MOU in effect no
earlier than April 1, 2006 for employees in the classifications of Police Sergeant and
Senior Police Sergeant; and
The amendment shall not change the existing terms and conditions of employment
for other classifications currently represented by the HBPOA,
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Huntington Beach that the Memorandum of Understanding between the City of
Huntington Beach and the Huntington Beach Police Officers' Association ("HBPOA") is
hereby amended to include EXHIBIT "H" and the City Administrator is authorized to
execute this amendment.
05reso/PMA to POA 1
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 19th day of September , 200 5
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ity Adm istrator ty Attorn y
INITIATED AND APPROVED:
DeMnZD
Hu an Resour s Manag
05reso/PMA to POA 2
Res. No. 2005-66
Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. :$-bb— Exhibit H
ARTICLE I -- REPRESENTATION..................................................... ...... ...1
..... ............................
ARTICLE II -- TERM OF WAGES,HOURS AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT.......................................................................................................................1
ARTICLE III -- SALARY SCHEDULES AND RETIREMENT......... ..............................................1
1. Wage Increase................................................................................................................................................ 1
2. Senior Police Sergeant.................................................................................................................................... 1
ARTICLE IV -- HEALTH AND OTHER INSURANCE BENEFITS ................................................2
A. HEALTH......................................................................................... .............2
1. Effective Date of Health Coverage.................................................................................................................. 2
2. CaIPERS Public Employees' Medical and Hospital Care Act(PEMHCA)....................................................... 3
a. PEMHCA Employer Contributions.............................................................................................................. 3
b. Maximum Employer Contributions.............................................................................................................. 3
3. Dental Insurance ............................................................................................................................................. 4
4. Retiree (Annuitant) Coverage..........................................................................................................................4
a. City Contribution (Unequal Contribution Method)for Retirees ........................................._.........................4
b. Termination of Participation in the CalPERS PEMHCA program - Impact to Retirees.............................. 5
5. Additional Costs for Participation in the PEMHCA Program............................................................................ 5
a. Retiree and/or Annuitant Coverage............................................................................................................5
b. Termination Clause ............................................................................................................................._...... 6
6. Medical/Vision Cash-Out................................................................................................................................. 6
B. SECTION 125 EMPLOYEE PLAN .................. ....6
C. LIFE INSURANCE..................................................................................... ..7
D. INCOME PROTECTION PLAN.......................................................................................................7
E. VOLUNTARY HEALTH SAVINGS ACCOUNT PLAN...........................................................................7
ARTICLE V -- BEREAVEMENT LEAVE ......................................................................................7
ARTICLE VI -- SPECIAL PAY AND ALLOWANCES...................................................................8
A. AUTO ALLOWANCE AND TAKE HOME VEHICLE USE .....................................................................8
B. FLIGHT PAY .............................................................................................................................8
C. MOTOR PAY.............................................................................................................................8
D. BILINGUAL PAY ....................................................................................................... .......9
E. UNIFORM ALLOWANCE.................... ..............9
..............................................................................
F. POLICE SERGEANT AND SENIOR POLICE SERGEANT SPECIAL PAY AND ALLOWANCES ..................10
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution NO. — Exhibit H
1. Court Standby Time....................................................................................................................................... 10
2. Court Appearance Time ................................................................................................................................. 10
3. Non-Court Standby Time.............................:......................'........................................................................... 10
4. Call Back ....................................................................................................................................................... 10
5. Telephonic Business ..................................................................................................................................... 10
G. Pay in Lieu of Compensatory Time......................................................................................10
HMEAL ALLOWANCE .................................................................................................................11
1. Per Diem........................................................................................................................................................ 11
2. Per Diem Schedule....................................................................................................... ............................... 11
MileageAllowance...............................................................................................................11
J. EFFECTIVE DATE OF SPECIAL PAYS.........................................................................................1 1
ARTICLE VII -- DRUG TESTING................................................................................................11
ARTICLE VIII —LEAVE BENEFITS ............................................................................................12
A. ANNIVERSARY DATE...............................................................................................................12
B. GENERAL LEAVE ....................................................................................................................12
1. Accrual........................................................................................................................................................... 12
2. Eligibility and Approval................................................................................................................................... 12
3. Terminal General Leave Pay......................................................................................................................... 13
4. Conversion to Cash....................................................................................................................................... 13
C. SICK LEAVE ...........................................................................................................................13
1. Accrual........................................................................................................................................................... 13
2. Credit............................................................................................................................................................. 13
3. Usage............................................................................................................................................................ 13
D. POLICE SERGEANT SICK LEAVE...............................................................................................13
E. LEAVE BENEFIT ENTITLEMENTS...............................................................................................14
F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM .........................................................14
ARTICLE IX SICK LEAVE PAYOFF .........................................................................................14
ARTICLE X -- MISCELLANEOUS PROVISIONS ......................................................................15
A. WEAPONS VESTING................................................................................................................15
B.. DEFERRED COMPENSATION/LEAVE CASH-OUT ........................... ..............15
C.. TEN PLAN— FLEX WORK SCHEDULE .......................................................................................15
D. COLLECTION OF PAYROLL OVER PAYMENTS.............................................................................15
E. DIRECT DEPOSIT.................................................................................... ................16
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. oos-(oL — Exhibit H
F. ADMINISTRATIVE APPEAL PROCEDURE.....................................................................................16
ARTICLE XI -- HOLIDAYS .........................................................................................................16
A. CITY RECOGNIZED HOLIDAYS .......................................................... .....................................16
B. HOLIDAY COMPENSATION FOR POLICE SERGEANTS AND SENIOR POLICE SERGEANTS .................17
ARTICLE XII - WORKSCHEDULE / OVERTIME / TIME OFF ................. ..18
A. WORK SCHEDULE ..................................................... .........18
1. 4-10 Plan ....................................................................................`.................................................................. 18
2. 7-11.5 Plan .................................................................................................................................................... 18
a. Workday............................................................................... ..................................................................... 18
b. Work Period.............................................................................................................................................. 18
B. OVERTIME .......................:............................................18
C. TIME AND ONE HALF(SERGEANTS)..........................................................................................18
D. COMPENSATORY TIME IN LIEU OF OVERTIME (POLICE SERGEANTS AND SENIOR POLICE
SERGEANT) ........................................................................ .19
ARTICLE XIII -- EDUCATIONAL PAY........................................................................................19
A. EDUCATIONAL INCENTIVE PLAN (POLICE SERGEANTS AND SENIOR POLICE SERGEANTS) .............19
2. Stipulations.................................................................................................................................................... 19
ARTICLE XIV MANAGEMENT RIGHTS.................................................................................20
ARTICLE XV -- TERM OF POLICE MANAGEMENT ASSOCIATION MEMORANDUM
OF UNDERSTANDING .......................................................................
ARTICLE XVI -- SIGNATURE ACKNOWLEDGEMENT..................... .................... .........22
ATTACHMENT 1 — SALARY SCHEDULE.................................................................................23
ATTACHMENT 2 - SERVICE CREDIT SUBSIDY PLAN ...........................................................25
ATTACHMENT 3 ADMINISTRATIVE APPEAL PROCEDURE................................................28
ATTACHMENT 4 -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM .............31
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. 24os-tie Exhibit H
ARTICLE I -- REPRESENTATION
Effective September 7, 2005, it is recognized that the Huntington Beach Police Officer's
Association is the employee organization that has the right to meet and confer in good
faith with the City on behalf of represented employees of the Huntington Beach Police
Department within the classification titles of Police Sergeant and Senior Police
Sergeant. Effective March 26, 2005, the classification title of Senior Police Sergeant
was added for representation.
ARTICLE II -- TERM OF WAGES, HOURS AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT
January 1, 2004 through June 30, 2006 and thereon, unless otherwise modified by a
successor Huntington Beach Police Officers' Association (HBPOA) Memorandum of
Understanding (MOU) in effect no earlier than April 1, 2006.
ARTICLE III -- SALARY SCHEDULES AND RETIREMENT
A. Employees shall be compensated at hourly rates by classification title and salary
ranges during the term of the Agreement as set out in Attachment 1 of this
Exhibit.
1. W� age Increases
a. Effective the first full pay period that includes January 1, 2004, and for
fiscal year 2003-2004, all Association employees shall receive no wage
increase.
b. Effective January 1, 2005, all Association employees shall receive a four
percent (4%) wage increase.
c. Effective December 31, 2005, all Association employees shall receive
0
a four percent (4/o) wage increase.
2. Senior Police Sergeant
Effective March 26, 2005, an employee with ten (10) or more years of service
in the classification of Police Sergeant with the City of Huntington Beach shall
be classified to the position of Senior Police Sergeant. The a range for this
p 9 pay 9
classification shall be five percent (5%) above the range of Police Sergeant.
No additional criteria for achieving the Senior Police Sergeant classification
shall apply. The Senior Police Sergeant classification recognizes seniority
only and does not amend the duties and responsibilities of Police Sergeant.
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Memorandum of Understanding
Resolution No.20os-66 — Exhibit H
B. Each sworn employee covered by this agreement shall be - reimbursed an
amount equal to 9% of the employee's part' of his or her California Public
Employees' Retirement System (CaIPERS) contribution unless otherwise
modified in the Police Management Association (PMA) Memorandum of
Understanding (MOU). The above Ca1PERS pickup is not base salary but is
done pursuant to Section 414(h)(2) of the Internal Revenue Code.
C. New employees shall not be eligible for the "Self-Funded Supplemental
Retirement Benefit" (as described in Article XI, Paragraph A.2 of the Police
Officers' Association 1997/2000 Memorandum of Understanding). '
D. If at any time after the implementation of the 3% at age 50 formula the City is
required to make retirement contributions for employees represented by the
Association, the amount of employer—paid member contributions to which each
employee is reimbursed pursuant to Article 111.13 of the PMA MOU 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 III.B of the PMA MOU 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 make
employer contributions to PERS equal to 8%, of each employee's compensation
earnable, the amount of the employer-paid member contributions reimbursement
set forth in Article 111.13 of the PMA MOU shall be reduced to 6.75% of the
employee's compensation earnable.
E. The City provides the PERS Level IV 1959 Survivor's Benefit.
F. As soon as practicable after ratification of this Memorandum of Understanding by
the City Council, the City shall amend its PERS contract for safety employees to
add the Pre-Retirement Optional Settlement 2 Death Benefit.
ARTICLE IV -- HEALTH AND OTHER INSURANCE BENEFITS
A. Health
The City shall continue to make available group medical, dental and vision
benefits to all Association employees.
1. Effective Date of Health Coverage
An employee and eligible dependent(s) shall become eligible to participate in
the City's health insurance plans described herein. Effective the first of the
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. 2oos-6G — Exhibit H
month following the employee's date of hire, any required employee payroll
deduction shall begin with the first full pay period following the effective date
of coverage and shall continue through the end of the month in which the
employee separates. All employee contributions shall be deducted on a pre-
tax basis.
2. CaIPERS Public Employees' Medical and Hospital Care Act (PEMHCA)
The City presently contracts with CaIPERS to provide medical coverage. The
City is required under CaIPERS PEMHCA to make a contribution to retiree
medical premiums. A retiree's right to receive a City contribution, and the
City's obligation to make payment on behalf of retirees, shall only exist as
long as the City contracts with CaIPERS for medical insurance. In addition,
while the City is in CaIPERS, its obligations to make payments on behalf of
retirees shall be limited to the minimum payment required by law. Upon
termination of the City's contract with CaIPERS PEMHCA, the retiree's rights
will be as set forth in Article IV(A)(4)(b) of the PMA MOU.
a. PEMHCA Employer Contributions
The City shall contribute on behalf of each employee the following sum
per month toward the payment of premiums for medical insurance under
the PEMHCA program. If the mandated minimum is increased from these
figures, the City shall make the appropriate adjustments by decreasing its
cafeteria contribution.
+ On
'!
2004 $32.20
2005 $48.40
2006 $64.60
b. Maximum Employer Contributions
For the term of this Agreement, the City's maximum monthly employer
contributions for each employee's health and other insurance premiums
are set forth in the charts below. The amounts listed below include the
mandated PEMHCA contribution.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. zoos.d4 — Exhibit H
PERS Delta Delta VSP
BS PERS Dental Dental
HMO PERSCARE PERSCHOICE PORAC KAISER (PPO) (HMO) Vision
EE $274.03 $373.77 $373.77 $373.77 $274.03 $42.88 $23.00 $17.58
EE + 1 555.51 702.25 702.25 702.25 555.51 81.82 39.11 17.58
EE + 2
or more 720.18 851.34 851.34 851.34 720.18 116.36 59.81 17.58
The employee shall not be entitled to the difference between the employer
contribution and the premiums for insurance plan(s) selected by the
employee. The City "caps" its contributions toward monthly group medical,
dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or
more) and plan as stated in the table above for the term of this Agreement,
even if premiums increase. Employee contributions shall be made by
payroll deductions on a pre-tax basis.
3. Dental Insurance
Effective January 1, 2005, the annual maximum benefit for the Delta Dental
PPO plan will increase from $1000 to$2000.
4. Retiree (Annuitant) Coverage
As required by the Government Code retired employees (annuitants) shall
have available the ability to participate in the PEMHCA program. The City's
requirement to provide retirees and/or annuitants medical coverage is solely
governed by the Government Code requirement that requires the City to
extend this benefit to retirees (annuitants). While the City is contracted with
CalPERS to participate in the PEMHCA program, CalPERS shall be the sole
determiner of eligibility for retiree and/or annuitant to participate in the
PEMHCA program.
a. City Contribution (Unequal Contribution Method) for Retirees
As allowed by the Government Code and the CalPERS Board, and
requested by the Association, the City shall use the Unequal
Contribution Method to make City contributions on behalf of each retiree
or annuitant. The following is an example of the sum per month toward
the payment of premiums for medical insurance under the PEMHCA
medical insurance program for a retiree or annuitant. The City shall
make these payments only while the City is a participant in the PEMHCA
program.
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Memorandum of Understanding
Resolution No. Zoos-64 — Exhibit H
ev
2004 $1.00
2005 $3.42
2006 $6.65
b. Termination of Participation in the CaLPERS PEMHCA program —
Impact to Retirees
The City's requirement to provide retirees (annuitants) medical coverage
is solely governed by the Government Code requirement that PEMHCA
agencies extend this benefit to retirees (annuitants). If by agreement
between the Association and the City or if the City elects to impose
termination of its participation in the PEMHCA program, retirees
(annuitants) shall no longer be eligible for City provided medical
insurance.
In the event that the City terminates its participation in the PEMHCA
program, the retiree medical subsidy program in place per Resolution
No. 2000-116, Exhibit B to the PMA MOU shall be reinstated. The City
shall make any necessary modifications to conform to the new City
sponsored medical insurance plan. The current Service Credit Subsidy
Plan is Attachment 2 of this Exhibit.
5. Additional Costs for Participation in the PEMHCA Program
a. Retiree and/or Annuitant Coverage
The Association shall pay to the City an amount equal to $1.00 per
month for each additional retiree and/or annuitant in the bargaining unit
who elects to participate in the PEMHCA plan but is not participating in
the City sponsored retiree medical program as of the beginning of a pay
period after the PEMHCA program is in place.
Each January 1st the amount per month paid to the City for each retiree
and/or annuitant described above shall increase by the amount
PEMHCA requires the City to pay on behalf of each retiree (annuitant).
Article 4.a. of the PMA MOU above provides an example of expected
payments per retiree or annuitant per month.
In the event of passage of State Legislation, Judicial Rulings, or
CalPERS Board Actions that increases the mandatory minimum monthly
contribution for retirees (annuitants), the Association shall pay an equal
amount to the City.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. ,7_ow4(. — Exhibit H
Payments shall be made the first of the month (following
implementation). If the Association fails to make timely payments for
two consecutive months, the City shall implement a decrease in the
supplemental benefit contribution to health insurance for each unit
employee by an amount equal to the total increased cost paid by the
City. (For example, if the increased cost for retirees equals $6,000 per
year, the monthly supplemental benefit for each employee will be
decreased as follows: $6,000 divided by twelve (months) = $500, which
is then divided by the number of employees receiving supplemental
benefits).
b. Termination Clause
The City and Association may each request termination of the City's
contract with CalPERS after the announcement of State Legislation,
Judicial Rulings, or a CalPERS Board Action that changes the
employer's contribution, insurance premiums or program changes to the
CalPERS medical plan.
The City and Association may elect to terminate its participation in the
CalPERS PEMHCA program by mutual agreement through the meet
and confer process between the Association and the City.
6. Medical/Vision Cash-Out
If an employee is covered by a medical program outside of a City-
provided program (evidence of which must be supplied to the Human
Resources office), he/she may elect to discontinue City medical
coverage and receive ninety two dollars and thirty-one cents ($92.31) bi-
weekly to deposit into their Deferred Compensation account or any other
pre-tax program offered by the City, so long as the contribution is in
accordance with applicable Internal Revenue Services (IRS) code or
regulations. An employee may also elect to discontinue vision
coverage. The employee premium paid for vision coverage will be
applied toward medical premium. If the pre-tax contribution is not
permitted by any applicable IRS code or regulation, an equivalent
payment will be made payable as compensation on a bi-weekly basis
and shall be taxable.
B. Section 125 Employee Plan
The City shall provide an Internal Revenue Code Section 125 employee plan that
allows employees to use pre-tax salary to pay for regular childcare, adult
dependent care and/or unreimbursed medical expenses as determined by the
Internal Revenue Code.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. oas- — Exhibit H
C. Life Insurance
The City will provide $50,000 term life insurance and $50,000 accidental death
and dismemberment insurance without evidence of insurability other than
evidence of working full time. An additional $10,000 of life insurance may be
purchased, at the employee's cost, with evidence of insurability.
D. Income Protection Plan (Long Term Disability Program)
The existing long-term disability program provided by the City shall remain in effect
for all personnel. This program provides, for each incident, pay up to thirty (30)
calendar days at the employee's salary rate (excluding overtime but including any
special pay in effect at the time of illness or injury). After the thirty (30) calendar
day period, the employee will be covered by an insurance plan paid for by the City
that will provide 66 2/3% of the employee's salary rate (excluding overtime and any
special pay) in accordance with the following to age 65:
1. 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
the first two years of disability and thereafter the inability to engage in any
employment or occupation for which he is fitted by reason of education, training
or experience.
2. Survivors' benefit continues plan payment for three months beyond death.
E. Voluntary Health Savings Account Plan
The City shall implement a voluntary health savings account plan during the term
of this Memorandum of Understanding for the purpose of allowing employees the
opportunity to fund post medical retirement health premiums pursuant to IRS
regulations.
ARTICLE V -- BEREAVEMENT LEAVE
Employees shall be entitled to bereavement leave not to exceed three working days in
each instance of death in the immediate family. Immediate family is defined as father,
mother, sister, brother, spouse, children, grandfather, grandmother, stepfather,
stepmother, step grandfather, step grandmother, grandchildren, stepsisters,
stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepchildren, or wards of which the employee is the legal guardian.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. Zoos — Exhibit H
ARTICLE VI -- SPECIAL PAY AND ALLOWANCES
A. Auto Allowance and Take Home Vehicle Use
1. Effective the first full pay period following City Council ratification of this
Memorandum of Understanding, the City shall increase from 25 miles to 35
miles the distance allowed from the City limits to the home of a Police
Sergeant or Senior Police Sergeant assigned a take home vehicle. The
following assignments shall be allowed to take a City vehicle home under
this provision: Detective, Support Services; and Training. Such employees
who take a City vehicle home are expected to be reasonably available to
respond to work related activities; however; there is no restriction on the
employee's off-duty activities, implied or intended by this expectation.
B. Flight Pay
Employees assigned to duty as helicopter personnel shall receive $500 per
month and those assigned as Certified Flight Instructors shall receive $800 per
month, in addition to their applicable salary.
C. Motor Pay
1. Employees assigned to motorcycle duty shall receive a flat rate of $300 per
month for hazardous duty pay.
2. Employees may drive their motorcycle to and from their residence to their
place of work if such travel does not exceed 200 miles per week, excluding
overtime.
3. In consideration of the motor officers receiving the foregoing compensatory
duty pay, the Association agrees that any time spent on maintenance
and/or cleaning of motorcycles, as described below, while off duty and away
from their place of employment is not considered to be time worked for
purpose of salary or overtime calculations. The Department shall supply
necessary materials needed to perform the following duties:
a. Keeping the assigned motorcycle cleaned and waxed.
b. Keeping the drive chain properly lubricated and adjusted.
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.
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Memorandum of Understanding
Resolution No. ,Zoo;-6L — Exhibit H
D. Bilingual Pay
Employees who are qualified to use Spanish, Vietnamese, or Sign Language
skills shall be paid an additional five percent (5%) of their straight time pay rate in
addition to their regular bi-weekly pay. Employees may accept assignments
utilizing bilingual skills in other languages on a short-term assignment with
approval by the City Administrator. Such employees shall receive the additional
five percent (5%) for every bi-weekly pay period that the assignment is in effect.
In order to be qualified for said compensation, an employee's language
proficiency will be tested and certified by the Human Resources, Manager or
designee. Basic conversational proficiency will be evaluated based on response
to a scenario driven oral evaluation. Human Resources will notify the employee
on the results of the oral evaluation. If the employee's attempt is unsuccessful,
the employee may repeat the process in six (6) months time from the date of the
previous exam.
E. Uniform Allowance
1. 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.
2. The City shall report to the California Public Employees' Retirement System
(CaIPERS) the uniform allowance paid as special compensation in
accordance with Title 2, California Code of Regulation, Section 571(a)(5).
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Memorandum of Understanding
Resolution No. XWS'-" — Exhibit H
F. Police Sergeant and Senior Police Sergeant Special Pays and Allowances
The following shall apply:
1. Court Standby Time
An employee required to be on standby for a court appearance during other
than their scheduled working hours shall receive a minimum of three (3)
hours straight time pay for each morning and afternoon court session. An
employee will be paid two (2) hours at straight time pay for subpoenas
cancelled with less than twenty-four (24) hours notice.
2. Court Appearance Time
An employee required to appear in court during other than their scheduled
working hours shall receive a minimum of three (3) hours pay at the overtime
rate; provided, however, that if such time overlaps with the employee's
working hours, said rate shall be limited to those hours occurring prior to or
after the employee's scheduled work time.
3. Non-Court Standby Time
An employee who is placed on standby status by his supervisor shall receive
four (4) hours straight time pay for each 24-hour period of standby status.
4. Call Back
An employee who is called back to work will be paid a minimum of two (2)
hours pay at the overtime rate, upon arrival at the department or the incident
scene until released.
5. Telephonic Business
An off-duty employee shall be compensated a minimum of fifteen (15)
minutes at the overtime rate when telephoned at home regarding
departmental business.
G. Pay in Lieu of Compensatory Time
Employees may, at their request, be paid for their accrued compensatory time
twice each calendar year.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. .r 44- Exhibit H
H. 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 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 above may be considered for
reimbursement (receipts required) by 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.
I. Mileage Allowance
The City shall reimburse mileage to employees for the use of personal
automobiles at the amount allowed by the most recent IRS allowance.
J. Effective Date of Special Pays
All special pay shall be effective the first full pay period following certification and
verification as approved by the Police Chief or designee.
ARTICLE VII -- DRUG TESTING
Unit employees shall participate in a drug/alcohol-testing program as proposed by the
Chief of Police.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. ,Zopx — Exhibit H
ARTICLE Vlll — LEAVE BENEFITS
A. Anniversary Date
For the purpose.of computing vacation, an employee's anniversary date shall be
the most recent date on which he/she commenced full-time City employment.
B. General Leave
1. Accrual
Effective December 23, 2000, employees will cease to accrue sick leave
and vacation leave, and the Long-Term Disability insurance waiting period
shall be reduced from 60 to 30 days. Instead, employees will begin
accruing general leave at the accrual rates outlined below. General leave
may be used for any purpose, including vacation, sick leave and personal
leave. Vacation time accrued through December 23, 2000 will be added to
the employee's general leave account effective December 24, 2000.
General leave shall be accrued as follows:
Years of Service General Leave Allowance
First through Fourth Year 176 Hours
Fifth through Ninth Year 200 Hours
Tenth through Fourteenth Year 224 Hours
Fifteenth Year and Thereafter 256 Hours
2. Eligibility and Approval
Accrued general leave may be taken after six (6) months' service, when
used as vacation; and at anytime for sick leave purposes. General leave
accrued time is to be computed from hiring date anniversary. Employees
shall not be permitted to take general leave in excess of actual time earned.
Effective December 23, 2000, employees shall not accrue general leave in
excess of six hundred (600) hours. Effective the first full pay period
following City Council ratification of this Memorandum of Understanding,
employees shall not accrue general leave in excess of six hundred and forty
(640) hours. Employees may not use their general leave to advance their
separation date on retirement or other separation from employment.
General leave must be pre-approved except for illness, injury or family
sickness, which may require a physician's statement for approval.
Effective the first full pay period following City Council ratification of this
Memorandum of Understanding, general leave accumulated in excess of
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. Xods 6 — Exhibit H
the six hundred and forty (640) hour cap shall be paid in cash at the straight
time hourly rate on the first pay day following such accumulation. This
provision shall sunset (discontinue) at the expiration of this Memorandum of
Understanding unless both the City and the Association agree to continue
this provision.
3. Terminal General Leave Pay
An employee shall be paid for unused general leave upon termination of
employment at which time such terminating employee shall receive
compensation at his/her current straight time pay rate for all unused, earned
leave to which he/she is entitled up to and including the effective date of
his/her termination.
4. Conversion to Cash
An employee may elect to take up to one hundred and twenty (120) hours
of pay per calendar year for accrued general leave in lieu of time off. It is
the intent of the parties that employees will take vacation during the current
year.
C. Sick Leave
1. Accrual
No employee shall accrue sick leave after December 22, 2000.
2. Credit
Employees hired prior to December 23, 2000 shall be credited with their
sick leave accrued as of December 22, 2000.
3. Usage
Employees may use accrued sick leave for the same purposes for which it
was used prior to December 23, 2000.
D. Police Sergeant Sick Leave
Employees promoted to Police Sergeant after December 31, 2000, shall receive
two hundred forty (240) hours of sick leave. These hours may be used for sick
leave purposes during the first twelve (12) months after promotion. Any unused
sick leave credited upon promotion shall be eliminated one (1) year from date of
promotion to Police Sergeant. Effective March 26, 2005, employees promoted to
the rank of Police Sergeant after December 31, 2000 shall be credited with four
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. dos'-66 — Exhibit H
hundred and eighty (480) sick leave hours. These hours are for sick leave
purposes and shall not be eliminated unless used by the employee during
employment or as a result of an employee's separation from employment.
E. Leave Benefit Entitlements
The City will provide family and medical care leave for eligible employees that
meet all requirements of State and Federal law. Rights and obligations are set
forth in the Department of Labor Regulations implementing the Family Medical
Leave Act (FMLA), and the regulations of the California Fair Employment and
Housing Commission implementing the California Family Rights Act (CFRA).
The City shall comply with all State and Federal leave benefit entitlement laws.
An pP
employee on an approved leave shall be allowed to use earned Sick Leave
General Leave, and/or Compensatory Time for serious and non-serious family or
personal health issues.
F. Voluntary Catastrophic Leave Donation Program
Under certain conditions, employees may donate leave time to another
employee in need. The program is outlined in Attachment 4 of this Exhibit.
ARTICLE IX -- SICK LEAVE PAYOFF
A. Employees covered by this agreement and on the payroll on November 20, 1978
shall be entitled to the following sick leave payoff plan:
At termination, employees shall be compensated at their then current straight
time pay rate for fifty percent (50%) of unused sick leave, up to a maximum of
720 hours of unused, accumulated sick leave.
B. Employees hired after November 20, 1978 shall be entitled to the following sick
leave payoff plan:
Upon termination, all employees shall be paid, at their then current straight time
pay rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours
accrued, and for thirty-five (35%) of all unused, earned sick leave in excess of
480 hours, but not to exceed 720 hours.
C. No employee shall be paid at termination for more than 720 hours of unused,
accumulated sick leave.
D. Effective March 26, 2005, any hours of unused Police Sergeant Sick Leave as
referenced in Article VIII.D. of the PMA MOU shall be eligible for payoff upon an
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. os-66 — Exhibit H
employee's separation from employment based on ten percent (10%) vesting per
year or any fraction thereof, retroactively applied to consecutive years of prior
service as a Huntington Beach Police Sergeant or a Senior Police Sergeant.
Such eligible hours for payoff shall follow the same payoff plan as outlined in
Article IX.B. of the PMA MOU for employees hired after November 20, 1978.
1. Any hours 'of unused Police. Sergeant Sick Leave shall remain with the
employee in the event of promotion(s) up to the rank of Police Captain and
the vesting formula shall also include years of service with the City in the
higher rank.
E. Sick leave shall not be used to extend absences due to work related (industrial)
injuries or illnesses.
ARTICLE X -- MISCELLANEOUS PROVISIONS
A. Weapons Vesting
9
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.
B. Deferred Compensation/Leave Cash-Out
In accordance with IRS regulations, the value of any unused earned leave
benefits may be transferred to deferred compensation in connection with
separation from employment, but only during the time that the employee is
actively employed with the City. The employee must request the transfer no later
than the pay period prior to the employee's last day of employment.
C. Ten Plan — Flex Work Schedule
Employees accepting specialty assignments, that have been posted as such,
shall be required to work a flex 40-hour workweek scheduled as directed.
D. Collection of Payroll Over Payments
In the event that a payroll over payment is discovered and verified, and
considering all reasonable factors including the length of time that the over
payment was made and if and when the employee could have reasonably known
about such over payment, the City will take action to collect from the employee
the amount of over payment(s). Such collection shall be processed by payroll
deduction over a reasonable period of time considering the total amount of over
payment.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. -66 — Exhibit H
In the event the employee separates from employment during the collection
period, the final amount shall be deducted from the last payroll check of the
employee. If applicable, the balance due from the employee shall be
communicated upon employment separation if the last payroll check does not
sufficiently cover the amount due the City.
It shall be the responsibility of the employee and the City to periodically monitor
the accuracy of compensation payments or reimbursements due to the possibility
of a clerical oversight or error. The City reserves the right to also collect
compensation over payments caused by or the result of misinterpretation of a
pay provision by non-authorized personnel. The interpretation of all pay
provisions shall be administered by the City Administrator or designee and as
adopted by the City Council. Unauthorized compensation payments shall not
constitute a past practice.
E. Direct Deposit
All employees are required to utilize direct deposit of payroll checks.
F. Administrative Appeal Procedure
In compliance with Government Code 3304(b), the administrative appeal
procedure for all public safety officers is referenced in Attachment 3 of this
Exhibit.
ARTICLE XI -- HOLIDAYS
A. City Recognized Holidays
The City shall recognize the following holidays in a calendar year:
1. New Year's Day (January 1)
2. Martin Luther King Day (third Monday in January)
3. Washington's Birthday (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. ;.,Pcr-64 -Exhibit H
7. Veteran's Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a national
holiday, or the Governor of the State of California to be a state holiday and
adopted as an employee holiday by the, City Council of the City of
Huntington Beach.
B. Holiday Compensation for Police Sergeants and Senior Police Sergeants
1. In addition to regular compensation, employees shall receive straight time
pay in each bi-weekly pay period month for 1/26 of the total holiday hours
(80) earned for the year.
2. A Police Sergeant or Senior Police Sergeant who works on an actual holiday
shall be compensated at the overtime rate for time actually worked from
12:00 A.M. through 11:59 P.M.
3. Employees shall be compensated for the date of the actual holiday when the
holiday does not fall on the day recognized by the City.
C. All holiday pay shall be reported as special compensation when required in
accordance with CalPERS law.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. ;24os-64 — Exhibit H
ARTICLE XII — WORKSCHEDULE/OVERTIME/TIME OFF
A. Work Schedule
1. 4-10 Plan
Unless designated elsewhere, unit employees are entitled to work four (4)
consecutive days per week, ten (10) hours each day, meal times to be
included during the ten hour shift, with three consecutive days off.
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 workweek.
a. Workday
A work day 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
ed 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 consecutive shifts of
11 hours and 25 minutes in one week and 4 consecutive 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.
B. Overtime
Non-exempt employees shall receive compensation at the rate of time and one-
half (1 '/z) of their regular rate of pay for all time worked in excess of their
regularly scheduled shift and/or 80-hours in a 14-day work period.
C. Time and One Half (Sergeants)
Police Sergeants shall receive time and one half their salary rate for all time
worked in excess of 40 hours during any given 14-day workweek.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. Exhibit H
D. Compensatory Time in Lieu of Overtime (Police Sergeant and Senior Police
Sergeant)
An employee may elect to receive compensatory bank time in lieu of overtime
pay to a maximum of one hundred forty (140) hours. Effective the first full pay
period following City Council ratification of this Memorandum of Understanding,
employees may bank a maximum of one hundred and sixty hours (160) hours of
compensatory time.
ARTICLE XIII -- EDUCATIONAL PAY
A. Educational Incentive Plan (Police Sergeant and Senior Police Sergeant)
1. The Educational Incentive Plan shall be continued for employees as
follows, except that no more than thirty (30) units of approved life-
experience credits may be accepted toward educational incentive pay:
Maximum College
Education Training Years of Units
Incentive POST College HBPD Required Monthly
Level Certificate Units Units Points Service Annually Amount
I Intermediate 30 20+ 10 1 6 $ 115
11 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
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.
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.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. 2,oar-g — Exhibit H
c. Training points approved by POST may be substituted for college units,
on the following schedule: 10 of 30, 20 of 60, and 30 of 90.
d. Pay to be effective first month following approval.
e. After 120 units of B.A. or POST approved training points may be
substituted for college units without limit.
f. Repeat college courses credited as determined by the college.
g. Repeat POST approved seminars, institutes, etc.,' credited as
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 is employee's
responsibility.
j. Employee may choose between POST training points or college units
where a choice is available. No change allowed once choice is made.
No double credit allowed.
ARTICLE XIV -- MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the Chief of Police retains all rights,
powers and authority with respect to the management and direction of the performance
of police services and the work forces performing such services, provided that nothing
herein shall change the City's obligation to meet and confer as to the effects of any
such management decision upon wages, hours and terms and conditions of
employment or be construed as granting the Chief of Police or the City the right to
make unilateral changes in wages, hours and terms and conditions of employment.
Such rights include, but are not limited to, consideration of the merits,.necessity, level or
organization of police services, including establishing staffing 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 XV — TERM OF PMA MOU
The Memorandum of Understanding shall be in effect for a term commencing on
January 1, 2004, and ending at midnight on June 30, 2006. Except as expressly
provided herein, no further improvements or changes in the salaries and monetary
benefits of the employees represented by the Association shall take effect during the
term of the Agreement unless agreed upon by the City and the Association. It is
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. Aftr 44 — Exhibit H
understood that the parties are continuing to meet and confer regarding non-monetary
matters such as Personnel Rule changes. Any matters agreed upon resulting from
such meeting and conferring will be the subject of a separate addendum to the
Agreement.
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Amendment to the Huntington Beach Police Officers' Association
Memorandum of Understanding
Resolution No. ;trios-" Exhibit H
ARTICLE XVI — SIGNATURE ACKNOWLEDGEMENT,
This shall acknowledge that City representatives have met with representatives of the
HBPOA and have reached an understanding that this Amendment represents all
wages, hours and other terms and conditions of employment for employees in the
classifications of Police Sergeant and Senior Police Sergeant.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH 'POLICE OFFICERS' ASSOCIATION
By: By:
Pen Ape Culbreth-Graft, PA g Muller
City Administrator POA President
By:
Vit usse i h
Hu an Res rces Manager
APPROVED AS TO FORM
By:
Jennifer McGrath
City Attorney
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ATTACHMENT 1 — SALARY SCHEDULE
Effective January 1, 2005
(4% wage increase)
Monthly Rates
Step
Job Code Classification Range A B C D E
0159 Police Sergeant 556 1 $6,049 $6,382 $6,733 $7,104 $7,494
Effective January 1, 2005
(4% wage increase)
Step
Job Code Classification Range A B C D E
0159 Police Sergeant 556 $34.90 $36.82 $38.85 $40.99 $43.24
Effective March 26, 2005
Monthly Rates
Job Code Classification R rUe I A I B C D E
0514 Serra'Fdioe Sergeant 566 1 $6,360 $6,709 I $7,078 $7,468 1 $7,878
Effective March 26, 2005
Step
Job Code Classification F?arW A B C D E
0514 Senior Fdioe Sa7art 566 $36.69 $38.71 $40.84 $43.09 $45.46
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ATTACHMENT 1 — SALARY SCHEDULE
Effective December 31, 2005
(4% wage increase)
Monthly Rates
Step
0159 Police Sergeant 564 $6,295 $6,641 $7,007 $7,392 $7,800
0154 Sr Police Ser eant 574 1 $6,617 $6,981 $7,365 $7,772 $8,199
Effective December 31, 2005
(4% wage increase)
Step
Job Code Classification RmV A B C D E
32 00
1 F�lioe 43 65 0 59 564 $36 32 $38 $40 $42 $45
0514 1 Sr Fdioe Sampal 1 574 $38.181 $40.28 1 $42-501 $44.841 $47.31
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ATTACHMENT 2 — SERVICE CREDIT SUBSIDY PLAN
An employee who has retired from the City and meets the plan participation
requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for
the payment of qualified medical expenses incurred for the purchase of medical
insurance.
Employees who have retired since October 1, 2003 to the date of ratification of the
PMA MOU, and are eligible for the Service Credit Subsidy but did not elect it at the time
of retirement, shall again be offered the medical Service Credit Subsidy.
Plan Participation Requirements
1. At the time of retirement the employee has a minimum of ten (10) years of
continuous regular (permanent) 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 (CalPERS).
The City's obligation to pay the Service Credit Subsidy as indicated shall be
modified downward or cease during the lifetime of the retiree upon the occurrence of
any one of the following:
a. 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 Service Credit Subsidy may
be adjusted downward or eliminated.
b. In the event of the death of an eligible employee, whether retired or not, the
amount of the Service Credit Subsidy benefit which the deceased employee was
eligible for at the time of his/her death shall be paid to the surviving spouse or
dependent for a period not to exceed twelve (12) months from the date of death.
4. Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for Service Credit
Subsidy begins after an employee has completed ten (10) years of continuous
regular (permanent) 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.
To receive the Service Credit Subsidy, retirees are required to purchase medical
insurance from City sponsored plans. The City shall have the right to require any
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ATTACHMENT 2 SERVICE CREDIT SUBSIDY PLAN
retiree (annuitant) to annually certify that the retiree is purchasing medical insurance
benefits.
5. Disability Retirees
Industrial disability retirees with less than ten (10) years of service shall receive a
maximum monthly payment toward the premium for health insurance of $120.
Payments shall be in accordance with the stipulations and conditions, which exist for
all retirees.
6. Service Credit Subsidy
Payment shall not exceed the dollar amount, which is equal to the qualified medical
expenses incurred for the purchase of City sponsored medical insurance.
7. Maximum Monthly Service Credit Subsidy Payments
All retirees, including those retired as a result of disability whose number of years of
service prior to retirement exceeds ten (10), continuous years of regular
(permanent) service, shall be entitled to maximum monthly Service Credit Subsidy
by the City for each year of completed City service as follows:
Maximum Service Credit Subsidy Retirements After:
Service Credit
Years of Service Subsidy
10 $120
11 135
12 150
13 165
14 180
15 195
16 210
17 225
18 240
19 255
20 270
21 285
22 299
23 314
24 329
25 343
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ATTACHMENT 2 — SERVICE CREDIT SUBSIDY PLAN
The Service Credit Subsidy will be reduced every January 1st by an amount equal to
any required amount to be paid by the City on behalf of the retiree (annuitant).
Article IV.A.4.a. of the PMA MOU provides an example of expected reductions per
retiree per month.
8. Medicare:
a. All persons are eligible for Medicare coverage at age 65. Those with sufficient
credited quarters of Social Security will receive Part A of Medicare at no cost.
Those without sufficient credited quarters are still eligible for Medicare at age
65, but will have to pay for Part A of Medicare if the individual elects to take
Medicare. In all cases, the participant pays for Part B of Medicare.
b. When a retiree and his/her spouse are both 65 or over, and neither is eligible for
paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each
of them or the maximum subsidy, whichever is less.
c. 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 of Medicare, the spouse shall not receive
the 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.
9. Cancellation:
a. For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply:
i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated
on the first day of the month in which the retiree reaches age 65.
ii. 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 Service Credit Subsidy Plan will be eliminated.
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ATTACHMENT 3 —ADMINISTRATIVE APPEAL PROCEDURE
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 administrative appeal procedure is intended to establish the
Administrative Arbitration Panel to hear appeals from public safety
officers. This administrative appeal procedure only applies to an
"Action" as defined above in "b." It does not apply to a non-punitive
transfer imposed on a public safety 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 PMA 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 PMA and the Chief each
submitting four names for consideration. A coin toss will determine the
party striking first with the PMA reserving the right to call the coin or
defer.
c. The panel member selected by the Chief of Police, the PMA, and the
panel member selected by the Chief of Police and the PMA 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.
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ATTACHMENT 3 —ADMINISTRATIVE APPEAL PROCEDURE
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 (5) 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.
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
q
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 given 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.
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ATTACHMENT 3 —ADMINISTRATIVE APPEAL PROCEDURE
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 PMA 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.
30
RCA-Unit Rep Change for Sgts PMA to POA
9-19-05
ATTACHMENT 4 -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Guidelines
1. Purpose
The purpose of the voluntary catastrophic leave donation program is to bridge
employees who have been approved leave time to either; return to work, long-
term disability, or medical retirement. Permanent employees who accrue
vacation, general ,leave or compensatory time may donate such leave to another
permanent employee when a catastrophic illness or injury befalls that employee
or because the employee is needed to care for a seriously ill family member. The
leave-sharing Leave Donation Program is Citywide across all departments and is
intended to provide an additional benefit. Nothing in this program is intended to
change current policy and practice for use and/or acorual of vacation, general, or
sick leave.
2. Definitions
Catastrophic Illness or Injury - A serious debilitating illness or injury, which
incapacitates the employee or an employee's family member.
Family Member - For the purposes of this policy, the definition of family member
is that defined in the Family Medical Leave Act (child, parent, spouse or
domestic partner).
3. Eligible Leave
Accrued compensatory, vacation or general leave hours may be donated. The
minimum donation an employee may make is two (2) hours and the maximum is
forty (40) hours.
4. Eligibility
Permanent employees who accrue vacation or general leave may donate such
hours to eligible recipients. Compensatory time accrued may also be donated.
An eligible recipient is an employee who:
• Accrues vacation or general leave;
Is not receiving disability benefits or Workers' Compensation payments;
and
• Requests donated leave.
5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the
amount necessary to ensure continuation of the employee's regular salary during
the employee's period of approved catastrophic leave. Donations will be
voluntary, confidential and irrevocable. Hours donated will be converted into a
dollar amount based on the hourly wage of the donor. The dollar amount will
then be converted into accrued hours based on the recipient's hourly wage.
31
RCA-Unit Rep Change for Sgts PMA to POA
9-19-05
ATTACHMENT 4 -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
An employee needing leave will complete a Leave Donation Request Form and
submit it to the Department Director for approval. The Department Director will
forward the form to Human Resources for processing. Human Resources,
working with the department, will send out the request for leave donations.
Employees wanting to make donations will submit an Authorization for Donation
to the Human Resources Division (payroll).
All donation forms submitted to payroll will be date stamped and used in order
received for each bi-weekly pay period. Multiple donations will be rotated in
order to insure even use of time from donors. Any donation form submitted that
is not needed will be returned to the donor.
6. Other
Please contact the Human Resources Division on questions regarding staff
participation in this program.
32
RCA-Unit Rep Change for Sgts PMA to POA
9-19-05
ATTACHMENT 4 -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Request Form
According to the provisions of the Leave Donation Program, I hereby request donated vacation,
general leave or compensatory time.
MY SIGNATURE CERTIFIES THAT:
• A leave of absence in relation to a catastrophic illness or injury has been approved by my department; and
• 1 am not receiving disability benefits or Workers'Compensation payments.
Name: (Please Print)
ork Phone: Department:
?.
ob Title: Employee ID#:
Requester Signature Date:
Department Director Signature of Support: Date: f
`q
1til�tllstr ervrces terrtent e ate \`\\ End \ n tfat
Er1d atiorr da� rrlt br�dgezto \ \ \\
Long1"erm.D�sllity \\'
d ` FN \ \
\
\a Medi I R t rement rnn ng \
O
L: \ F1LA .�Y�v nd�ng \ '.\ \\\�1 `\\\
G in t Work - \ x �`
\ \ RE M \0
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ALL
Please return to the Human Resources Division for processing.
Voluntary Catastrophic Leave Donation Program
33
RCA-Unit Rep Change for Sgts PMA to POA
9-19-05
ATTACHMENT 4 -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Leave Donation Form
Donor, please complete
_.. __.
l Donor Name: (Please Print)
�ork Phone:
Donor Job Title:
Hours of Vacation, Comp or General leave I Wish to Donate:
...
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to I also understand that this donation will
remain confidential.
I wish to donate my accrued vacation, comp or general leave hours to the Leave Sharing
Donor, please complete ...
Donor Name: (Please Print)
ork Phone:
Donor Job Title:
Hours of Vacation, Comp or General leave I Wish to Donate:
I understand that this voluntary donation of leave hours, once processed, is irrevocable; but if not
needed, the donation will be returned to me. I also understand that this donation will remain
confidential.
I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation
Program for
Eligible recipient employee's name:
Donor Signature Date:
1 _.... _ _... ..... ......_._ _........... .. ...... _.
Please submit to Payroll in the Human Resources Division.
34
RCA-Unit Rep Change for Sgts PMA to POA
9-19-05
Res. No. 2005-66
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I JOAN L. FLYNN the duly elected, qualified Y ualified 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 19th day of
September, 2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
h-
C,7i Jerk and ex-officio erk of the
City Council of the City of
Huntington Beach, California