HomeMy WebLinkAboutCity Council - 2006-43 RESOLUTION NO. 2 0 0 6-4 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION AND
THE CITY OF HUNTINGTON BEACH FOR JULY 1, 2006 TO JUNE 30, 2010
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the
Huntington Beach Police Management Association ("PMA"), a copy of which is attached hereto
as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered
implemented in accordance with the terms and conditions thereof, and the City Administrator is
authorized to execute this Agreement. Such Memorandum of Understanding shall be effective
for the term July 1, 2006, through June 30, 2010.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of July , 2006.
Mayor
c--
Mayor
REVIEWED AND APPROVE APPROVED AS TO FORM:
ity Adm• istrator ity ttorney
4�2g®
INITI AND APPROVED:
s
Deputy City Administrator-City Services
06-346/2824
EXHIBIT A
Memorandum of Understanding
Between
Huntington Beach
Police Management Association
and
City of Huntington Beach
July 1 , 2006 — June 30, 2010
POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
PREAMBLE ..............................................................................................................1
ARTICLE I -- REPRESENTATIONAL UNIT..................................................................1
ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT .......................................1
ARTICLE III --SALARY SCHEDULES AND RETIREMENT ........................................2
1. Wage Increase...........................................................................................................................2
ARTICLE IV -- HEALTH AND OTHER INSURANCE BENEFITS.................................3
A. HEALTH................................................................................................................3
1. CalPERS Public Employees' Medical and Hospital Care Act(PEMHCA)..................................3
a. PEMHCA Employer Contributions.........................................................................................4
b. Maximum Employer Contributions Towards Flex Benefits....................................................4
2. Dental Insurance........................................................................................................................5
3. Retiree (Annuitant)Coverage.....................................................................................................5
a. City Contribution (Unequal Contribution Method)for Retirees..............................................5
b. Termination of Participation in the CalPERS PEMHCA program - Impact to Retirees.........6
c. Termination Clause...............................................................................................................6
4. Medical/Vision Cash-Out............................................................................................................6
B. SECTION 125 EMPLOYEE PLAN ..............................................................................7
C. LIFE INSURANCE....................................................................................................7
D. CITY CONTRIBUTION TOWARDS LTD INSURANCE AND LTC PROGRAM ......................7
E. POST RETIREMENT MEDICAL SAVINGS PLAN ...........................................................8
ARTICLE V -- BEREAVEMENT LEAVE.......................................................................8
ARTICLE VI --ADDITIONAL MANAGEMENT BENEFITS...........................................8
A. TAKE HOME VEHICLE USE......................................................................................8
B. BILINGUAL PAY......................................................................................................8
C. UNIFORM ALLOWANCE...........................................................................................9
D. MEAL ALLOWANCE ................................................................................................9
1. Per Diem ....................................................................................................................................9
2. Per Diem Schedule..................................................................................................................10
E. Mileage Allowance............................................................................................ 10
F. EFFECTIVE DATE OF ADDITIONAL MANAGEMENT BENEFITS ..................................... 10
PMA MOU FINAL 2006-2010 i
POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE VII --CONTROLLED SUBSTANCE AND ALCOHOL TESTING................10
ARTICLE VIII -LEAVE BENEFITS.............................................................................10
A. ANNIVERSARY DATE............................................................................................ 10
B. GENERAL LEAVE ................................................................................................. 11
1. Accrual.....................................................................................................................................11
2. Eligibility and Approval..............................................................................................................11
3. General Leave Pay at Termination...........................................................................................11
4. Conversion to Cash..................................................................................................................11
C. SICK LEAVE ........................................................................................................ 12
1. Accrual .....................................................................................................................................12
2. Credit........................................................................................................................................12
3. Usage.......................................................................................................................................12
D. POLICE LIEUTENANT SICK LEAVE (PROBATIONARY PERIOD)................................... 12
E. LEAVE BENEFIT ENTITLEMENTS............................................................................ 12
F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ...................................... 12
ARTICLE IX SICK LEAVE PAY OUT.........................................................................12
ARTICLEX -- HOLIDAYS...........................................................................................13
A. CITY PAID HOLIDAYS ........................................................................................... 13
B. HOLIDAY COMPENSATION..................................................................................... 13
ARTICLE XI --WORK SCHEDULE / EXEMPT COMPENSATORY TIME AND
EXECUTIVE LEAVE...........................................................................15
A. WORK SCHEDULE ............................................................................................... 15
1. 4-10 Plan..................................................................................................................................15
2. 7-11.5 Plan...............................................................................................................................15
a. Work Day ............................................................................................................................15
b. Work Period ........................................................................................................................15
B. DEDUCTIONS FROM PAY, EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE.... 15
ARTICLE XII -- EDUCATIONAL PAY.........................................................................16
A. PROFESSIONAL ACHIEVEMENT REWARD PROGRAM................................................ 16
B. EXECUTIVE DEVELOPMENT INCENTIVE PROGRAM................................................... 16
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POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE XIII -- MANAGEMENT RIGHTS..................................................................16
ARTICLE XIV-- MISCELLANEOUS PROVISIONS.....................................................17
A. RE-OPENER............................................................,,........................................... 17
B. PERSONNEL RULE CHANGES................................................................................ 17
C. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION (EERR) ...................................... 17
1. Amendments to the EERR.......................................................................................................17
a. Modification of Section 7- Decertification and Modification................................................17
D. WEAPONS VESTING............................................................................................. 18
E. ASSOCIATION BUSINESS ...................................................................................... 19
F. DEFERRED COMPENSATION/LEAVE CASH-OUT...................................................... 19
G. COLLECTION OF PAYROLL OVER PAYMENTS..........................................................19
H. DIRECT DEPOSIT................................................................................................. 19
I. ADMINISTRATION APPEAL PROCEDURE ................................................................. 19
J. GRIEVANCE HEARING COST SHARING...................................................................20
K. CHANGE IN MINIMUM EDUCATION REQUIREMENT ...................................................20
ARTICLE XV -- TERM OF MEMORANDUM OF UNDERSTANDING.........................20
ARTICLE XVI -- CITY COUNCIL APPROVAL............................................................21
EXHIBIT A- SALARY SCHEDULE............................................................................22
EXHIBIT B -SERVICE CREDIT SUBSIDY PLAN......................................................24
EXHIBIT C -ADMINISTRATIVE APPEAL PROCEDURE ..........................................27
EXHIBIT D -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM........30
EXHIBIT E - SELF-FUNDED SUPPLEMENTAL RETIREMENT BENEFIT................34
PMA MOU FINAL 2006-2010 iii
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(Herein Called CITY)
AND
THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION
(Hereinafter Called ASSOCIATION)
PREAMBLE
WHEREAS the designated representative of the City of Huntington Beach and the
Huntington Beach Police Management Association (PMA) have met and conferred in
good faith with respect to salaries, benefits and other terms and conditions of
employment for the employees represented by the Association;
NOW THEREFORE, this Memorandum of Understanding (MOU) is made, to become
effective July 1, 2006 and end on June 30, 2010.
ARTICLE I -- REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Police Management Association is the
employee organization which 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 Captain and Police Lieutenant as outlined in Exhibit A
attached hereto and incorporated herein.
ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the adoption of this MOU shall not change
existing terms and conditions of employment, which have been established for the
classifications represented by the Huntington Beach Police Management Association.
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ARTICLE III -- SALARY SCHEDULES AND RETIREMENT
A. Employees shall be compensated at rates by classification title and salary range
during the term of this Agreement as set out in Exhibit A attached hereto and
incorporated herein unless expressly provided for in other Articles of this MOU.
1. Wage Increases
a. Effective the first full pay period that includes July 1, 2006, Police
Lieutenants shall receive a six percent (6%) wage increase and Police
Captains shall receive a four percent (4%) wage increase.
b. Effective the first full pay period that includes July 1, 2007, all
Association employees shall receive a four percent (4%) wage
increase.
c. Effective the first full pay period that includes July 1, 2008, all
Association employees shall receive a five percent (5%) wage
increase.
d. Effective the first full pay period that includes July 1, 2009, Police
Lieutenants shall receive a three and one-quarter percent (3%%) wage
increase and Police Captains shall receive a two and one-half percent
(2Y%) wage increase.
e. Effective the first full pay period that includes January 1, 2010, Police
Lieutenants shall receive a three and three-quarters percent (3 3%%)
wage increase and Police Captains shall receive a three percent (3%)
wage increase.
B. Each employee covered by this Agreement shall be reimbursed an amount equal
to nine percent (9%) of the employee's part of his/her California Public
Employees' Retirement System (CaIPERS) contribution unless otherwise
modified in this MOU. The above CaIPERS pickup is not salary but is done
pursuant to Section 414(h)(2) of the Internal Revenue Code.
C. The City and the Association agree that employees hired after July 6, 1998 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, attached hereto and incorporated
herein as Exhibit E).
D. When the City adopted the 2000-2003 Huntington Beach Police Management
Association Memorandum of Understanding, the City amended its contract with
CaIPERS and implemented the "3% at age 50" retirement formula set forth in the
California Government Code for all safety employees represented by the
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Association. If at any time after the implementation of the 3% at age 50 formula
the City is required to make retirement contributions for employees, the amount
of employer—paid member contributions to which each employee is reimbursed
pursuant to Article 111.13 shall be reduced by a percentage equal to one-half (1/2)
of the percentage of compensation earnable the City is required to pay in
retirement contributions to CalPERS, not to exceed two and one-quarter percent
(2.25%). For example, if the City is required to contribute an amount equal to
two percent (2%) of each employee's "compensation earnable," the amount of
the reimbursement set forth in Article 111.13 shall be reduced from nine percent
(9%) of the employee's compensation earnable to eight percent (8%) of the
employee's compensation earnable. If, on the other hand, the City is required to
make employer contributions to CalPERS equal to eight percent (8%), of each
employee's compensation earnable, the amount of the employer-paid member
contributions reimbursement set forth in Article 111.13 shall be reduced to six and
three-quarter percent (6.75%) of the employee's compensation earnable.
E. The City provides the CalPERS Level IV 1959 Survivor's Benefit.
F. The City's CalPERS contract has been amended to provide employees 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 employees and qualified dependents. The effective date for
medical, dental and vision coverage is the first of the month following date of
hire. Effective the first of the 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, unless otherwise precluded by the
CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA). All
employee contributions shall be deducted on a pre-tax basis.
1. CalPERS PEMHCA
The City presently contracts with CalPERS to provide medical coverage. The
City is required under CalPERS 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 CalPERS for medical insurance. In addition,
while the City is in CalPERS, its obligations to make payments on behalf of
retirees shall be limited to the minimum payment required by law.
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a. PEMHCA Employer Contributions
The City shall contribute on behalf of each employee the mandated
minimum sum as required per month toward the payment of premiums for
medical insurance under the PEMHCA program. As the mandated
minimum is increased, the City shall make the appropriate adjustments by
decreasing its flex benefits contribution accordingly as defined in the
following sub-section.
b. Maximum Employer Contributions Towards Flex Benefits
For the term of this Agreement, the City's maximum monthly employer
contributions for each employee's medical and vision insurance premiums
are set forth as follows:
i. Effective January 1, 2007, the City contribution shall be the sum of the
participating Orange County Blue Shield HMO PEMHCA Plan plus the
Vision Service Plan (VSP) vision premiums for each of the following
categories:
a. Employee only ("EE")
b. Employee + one dependent ("EE +1")
c. Employee + two or more dependents ("EE +2")
The maximum City contribution shall be based on the employee's
enrollment in each plan. The parties agree that the required PEMHCA
contribution is included in this sum stated in the sub-section above. If
the employee enrolls in a plan wherein the costs exceed the City
contribution, the employee is responsible for all additional premiums
through pre-tax payroll deductions.
ii. Effective January 1, 2008, the City contribution in each category shall
increase in an amount not to exceed ten percent (10%) of the City's
contribution for 2007. Any increase in premiums above the City's ten
percent (10%) contribution cap will be the responsibility of the
employee.
iii. Effective January 1, 2009, the City contribution in each category shall
increase in an amount not to exceed ten percent (10%) of the City's
contribution for 2008. Any increase in premiums above the City's ten
percent (10%) contribution cap will be the responsibility of the
employee.
iv. Effective January 1, 2010, the City contribution in each category shall
increase in an amount not to exceed ten percent (10%) of the City's
contribution for 2009. Any increase in premiums above the City's ten
percent (10%) contribution cap will be the responsibility of the
employee.
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v. In the event the Orange County Blue Shield HMO Plan is no longer a
PEMHCA option, the City's contribution shall increase by ten percent
(10%) each year through the term of the Agreement, provided that the
City's contribution shall not exceed the amount of an employee's
actual premium.
2. Dental Insurance
The annual maximum benefit for the Delta Dental PPO plan is two thousand
dollars ($2,000).
a. Effective January 1, 2007, the maximum City contribution shall be
equivalent to the premium for the Delta Dental PPO plan based on the
employee's enrollment of employee only ("EE"), employee plus one
dependent ("EE+1") or employee plus two or more dependents ("EE+2").
b. Effective January 1, 2008, the City contribution shall increase in an
amount not to exceed five percent (5%) of the City's contribution for 2007.
Any increase in premiums above the City's five percent (5%) contribution
cap will be the responsibility of the employee.
c. Effective January 1, 2009, the City contribution shall increase in an
amount not to exceed five percent (5%) of the City's contribution for 2008.
Any increase in premiums above the City's five percent (5%) contribution
cap will be the responsibility of the employee.
d. Effective January 1, 2010, the City contribution shall increase in an amount
not to exceed five percent (5%) of the City's contribution for 2009. Any
increase in premiums above the City's five percent (5%) contribution cap
will be the responsibility of the employee.
3. 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 starting year for the unequal contribution method is 2004 at $1.00 per
month. The City's contribution for each annuitant shall be increased
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annually by five percent (5%) of the monthly contribution for employees,
until such time as the contributions are equal. The Service Credit Subsidy
will be reduced every January 1st by an amount equal to any required
amounts to be paid by the City on behalf of the retiree (annuitant). The
City shall make these payments only while the City is a participant in the
PEMHCA program.
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 MOU shall be reinstated. The City shall
make any necessary modifications to conform to the new City sponsored
medical insurance plan.
c. 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.
4. MedicalNision Cash-Out
a. 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 Service (IRS) code or regulations. 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.
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b. An employee may also elect to discontinue vision coverage. The
employee premium paid for vision coverage will be applied toward medical
premium.
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.
C. Life Insurance
The City will provide fifty thousand dollars ($50,000) term life insurance and fifty
thousand dollars ($50,000) accidental death and dismemberment insurance
without evidence of insurability other than evidence of working full time. An
additional ten thousand dollars ($10,000) of life insurance may be purchased, at
the employee's cost, with evidence of insurability.
D. City Contribution Towards Long-Term Disability (LTD) Insurance and Long-Term
Care (LTC) Program
The City authorizes the Association to enroll in the Long-Term Disability (LTD)
Insurance Program and the Long-Term Care (LTC) Program provided to the
Huntington Beach Police Officers' Association (HBPOA).
a. Effective August 1, 2006, the City shall pay the HBPOA on the Association's
behalf the cost of LTD premiums not to exceed thirty-eight dollars ($38.00) per
month per covered members of the PMA.
b. Effective August 1, 2006, the City shall pay the HBPOA on the Association's
behalf the cost of LTC premiums not to exceed twenty-five dollars ($25.00) per
month per covered members of the PMA.
c. The City and the Association agree that the City shall no longer provide LTD
insurance coverage to Association members. Employee coverage under the
City's sponsored program shall terminate at midnight on July 31, 2006.
d. The City and the Association agree that HBPOA contracts with an authorized
LTD and LTC provider and that the City is not responsible for paying the cost of
premiums and any expenses incurred for administering both programs.
e. The City and the Association agree that the PMA coverage for LTD insurance
and LTC is authorized under the same existing conditions under which the
HBPOA is authorized by the City to provide such coverage to its members.
The City and the Association agree that in the event the HBPOA does not meet
its obligation and reporting requirements to the City for PMA members, the
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POLICE MANAGEMENT ASSOCIATION
City's contribution amounts of thirty-eight dollars ($38.00) and/or twenty-five
dollars ($25.00) may cease without retroactive payments.
f. The Association agrees that it will indemnify and hold harmless the City as well
as all direct or indirect successors, officers, directors, heirs, predecessors,
assigns, agents, insurers, employees, attorneys, representatives, and each of
them, past and present, from and against any claims, lawsuits, penalties,
interest, taxes, or liability of any kind whatsoever, which may result from the
HBPOA sponsored and administered LTD insurance and LTC programs.
E. Post Retirement Medical Savings Plan
During the term of this MOU, the City and the Association agree to discuss funding
and possible implementation of a post retirement medical savings plan.
ARTICLE V -- BEREAVEMENT LEAVE
Employees shall be entitled to bereavement leave not to exceed three (3) working days
in each instance of death in the immediate family. Immediate family is defined as
father, mother, sister, brother, spouse, registered domestic partner, 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.
ARTICLE VI --ADDITIONAL MANAGEMENT BENEFITS
A. Take Home Vehicle Use
1. Employees must reside within thirty-five (35) miles of the City limits in order to be
assigned a take home City vehicle. Such employees shall be allowed to use the
assigned vehicle for personal use within the City limits and/or within ten (10)
miles of the employee's residence.
B. Bilingual Pay
Qualified employees who meet the criteria shall receive five percent (5%) of their
base monthly rate of pay for bilingual skills paid on a bi-weekly basis. Human
Resources will have written and oral tests designed and administered to test for
qualifications. The qualifications will cover the more routine foreign language
requirements in filling out crime reports, interviewing suspects and witnesses, and
responding to the public on matters relating to an incident or other police action.
1. The languages included will be Spanish, Vietnamese and American Sign
Language. Additional languages may be approved at the discretion of the Chief
of Police.
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2. Authorization of qualified employees for bilingual compensation will be based on
the following:
a) A need for the employee to use the language in the City to support the
implementation of police operations.
b) At the discretion of the Chief of Police, the number of employees qualified in
each category may be limited based on department needs.
3. Successful completion of tests authorized by the Chief of Police will be required
to qualify for bilingual pay for any of the languages. Retesting may be done on
an annual basis.
C. Uniform Allowance
1. The City shall continue the Uniform Allowance in lieu of the City providing
uniforms for employees.
Such allowance shall be twelve hundred dollars ($1,200) per year; payable in
January to those employees on active duty on January 1st. Effective January 1,
2008, the uniform allowance shall increase to one thousand two hundred and
seventy-five dollars ($1,275) per year for all employees and shall be paid in
December on a separate payroll check.
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. 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 CalPERS the uniform allowance paid as special
compensation in accordance with Title 2, California Code of Regulation, Section
571(a)(5).
D. 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 twenty-
five (25) mile radius beyond their normal work station, and which extends
more than one (1) hour beyond their normal hours or require lodging.
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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
Forty-five dollars ($45) per twenty-four (24) hour period or pro-rated as
follows; Breakfast — ten dollars ($10), Lunch — fifteen dollars ($15), Dinner
twenty dollars ($20).
E. Mileage Allowance
The City shall reimburse employees for the use of personal automobiles at the
existing IRS reimbursable rate.
F. Effective Date of Additional Management Benefits
All additional management benefits shall be effective the first full pay period
following certification and verification as approved by the Chief of Police or
designee. It is agreed that any PERSable benefits shall be reported to
CalPERS.
ARTICLE VII—CONTROLLED SUBSTANCE AND ALCOHOL TESTING
The City maintains the right to conduct a controlled substance and alcohol test during
working hours of any employee that it reasonably suspects is under the influence of
alcohol or a controlled substance in the workplace, consistent with department policy.
ARTICLE VIII — 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.
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B. General Leave
1. Accrual
Effective December 23, 2000, employees ceased to accrue Sick Leave and
Vacation Leave, and the Long-Term Disability insurance waiting period was
reduced from sixty (60) to thirty (30) days. Instead, employees began
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 was 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
General Leave accrued time is - computed from the hiring date anniversary.
Employees shall not be permitted to take General Leave in excess of actual
time earned. 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.
General Leave accumulated in excess of the six hundred and forty (640)
hour cap shall be paid in cash at the base monthly rate of pay on the first
pay day following such accumulation.
3. General Leave Pay at Termination
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 base monthly rate of pay 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.
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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 Lieutenant Sick Leave (Probationary Period)
Effective from the date of appointment to the rank of Police Lieutenant until the
last day of the pay period in which the employee completes a one (1) calendar
year probationary period, the employee shall be eligible to receive a maximum of
sixty (60) calendar days paid sick leave per incident or illness. This leave does
not accrue or accumulate beyond the one (1) year period. This probationary
period Sick Leave may not be cashed out or used after completion of the one (1)
year probationary period.
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 employee on an approved leave shall be allowed to use earned Sick Leave,
General Leave, and/or Exempt 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 Exhibit D of this MOU.
ARTICLE IX-- SICK LEAVE PAY OUT
A. Employees covered by this Agreement and on the payroll on November 20, 1978
shall be entitled to the following Sick Leave cash out plan:
At termination, employees shall be compensated at their then current base
monthly rate of pay for fifty percent (50%) of unused Sick Leave, up to a
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maximum of seven hundred twenty (720) hours of unused, accumulated Sick
Leave.
B. Employees hired after November 20, 1978 shall be entitled to the following Sick
Leave cash out plan:
Upon termination, all employees shall be paid at their then current base monthly
rate of pay, for twenty-five percent (25%) of unused, earned Sick Leave to four
hundred eighty hours (480) hours accrued, and for thirty-five percent (35%) of all
unused, earned sick leave in excess of four hundred eighty (480) hours, but not
to exceed seven hundred twenty (720) hours.
C. No employee shall be paid at termination for more than seven hundred twenty
(720) hours of unused, accumulated sick leave.
ARTICLE X -- HOLIDAYS
A. City Paid Holidays
The City shall provide the following paid 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)
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
Compensation for holidays shall be provided as follows (see examples):
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1. Employees shall be compensated for the date of the actual holiday when
the holiday does not fall on the day recognized by the City.
2. If the holiday designated above falls on an employee's regularly scheduled
workday, the employee will receive the day off and receive pay
for their regularly scheduled workday.
Example:
Work Work Work Holiday = Work 30 hours & compensated for 40
10 10 10 10
3. If the holiday designated above falls on an employee's regularly scheduled
day off, the employee will be compensated with eight (8) hours of Exempt
Compensatory Time or the employee may elect to receive eight (8) hours of
pay.
Example:
Work Work Work Work Holiday = Work 40 hours & compensated
for 48
10 10 10 10 8
4. Employees who are required to work on a actual holiday designated above
shall be compensated at the rate of one and one-half (1 '/) hours for each
hour worked in the form of pay or Exempt Compensatory Time in addition to
B2 or B3 above.
Example if Holiday falls on scheduled day off:
Work Work Work Work Work the Holiday = Work 40 hours &
compensated for 63
10 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday)
Example if Holiday falls on scheduled workday:
Work Work Work Work the Holiday-= Work 40 hours &
compensated for 53
10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday)
C. All holiday pay shall be reported as special compensation when required in
accordance with CaIPERS law.
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ARTICLE XI —WORK SCHEDULE/ EXEMPT COMPENSATORY TIME
AND EXECUTIVE LEAVE
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 (10) hour shift, with three (3) 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 fourteen (14) day
workweek.
a. Workdav
A workday for employees assigned to the 7-11.5 work schedule will
consist of eleven (11) hours and twenty-five (25) minutes of work, meal
times to be included in the shift.
b. Work Period
For those employees working eleven (11) hours and twenty-five (25)
minutes a day, the "work period" will consist of two (2) consecutive weeks
with three (3) consecutive shifts of eleven (11) hours and twenty-five (25)
minutes in one (1) week and four (4) consecutive shifts of eleven (11)
hours and twenty-five (25) minutes in the second week. The total hours of
these two (2) consecutive weeks shall be considered equaling eighty (80)
hours. The two (2) week cycle then repeats itself.
B. Deductions from Pay. Exempt Compensatory Time and Executive Leave
Employees are considered `exempt' as defined by the Fair Labor Standards Act
(FLSA) as such, deductions from pay may be limited in certain circumstances.
However, deductions from pay may be provided in 29.C.F.R. 541.602(b)
including unpaid disciplinary suspensions of one or more full days imposed in
good faith for violating workplace conduct rules. Such suspension shall be made
pursuant to written policy applicable to all employees.
An employee is eligible for Exempt Compensatory Time as follows:
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 one and one-half (1 Y) hours for each
hour worked in the form of pay or Exempt Compensatory Time (i.e. non
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FLSA Exempt Compensatory Time). Such time shall not accrue in excess
of one hundred sixty (160) hours.
2. Employees will be entitled to fifty (50) hours of Executive Leave per year.
Unused Executive Leave shall not carry over to the next year.
ARTICLE XII -- EDUCATIONAL PAY
A. Professional Achievement Reward Program
Employees that have completed the California Peace Officers' Standards and
Training (POST) Supervisory Leadership Institute shall receive eighty dollars
($80.00) per month.
B. Executive Development Incentive Program
In lieu of pay for completing the POST Supervisory Leadership Institute, an
employee who completes either the FBI National Academy or the POST
Command College shall receive five percent (5%) of their base monthly rate of
pay paid on a bi-weekly basis.
In the event that one or both of the executive development programs becomes
unavailable to the Association, or new program(s) becomes available, the City
and the Association agree the Chief of Police will substitute/add an appropriate
program(s).
ARTICLE XIII -- MANAGEMENT RIGHTS
The City and the Chief of Police retain all rights, powers and authority to manage and
direct the performance of police services and the workforce, except as modified by the
Memorandum of Understanding.
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 City or the Chief of Police the right to
make unilateral changes in wages, hours and terms and conditions of employment.
The parties agree that the City has the right to unilaterally make decisions on all matters
that are outside the scope of bargaining. Such matters include, but are not limited to,
consideration of the merits, necessity, level or organization of police services, staffing
requirements, extra duty assignments, number and location of work stations, nature of
work to be performed, contracting for any work or operation, reasonable employee
performance standards, reasonable work and safety rules and regulations.
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ARTICLE XIV— MISCELLANEOUS PROVISIONS
A. Re-Opener
If there is any change to the benefits provided to HBPOA that differ from those
provided to PMA, either the City or Association may request to reopen
discussions regarding a change to that specific benefit.
B. Personnel Rule Changes
All MOU provisions that supersede the City's Personnel Rules shall automatically
be incorporated into the City's Personnel Rules as applicable. All City Personnel
Rules shall apply to Association members, however, to the extent this MOU
modifies the City's Personnel Rules, the Personnel Rules as modified will apply
to Association members.
C. Employer-Employee Relations Resolution (EERR)
1. The following amendments to the EERR shall apply:
a) Modification of Section 7 — Decertification and Modification
i. The City and the Association desire to maintain labor stability within
the representational unit to the greatest extent possible, consistent
with the employee's right to select the representative of his/her own
choosing. For these purposes, the parties agree that this Agreement
shall act as a bar to appropriateness of this unit and the selection of
the representative of this unit, except during the month of August prior
to the expiration of this Agreement. Changes in bargaining unit shall
not be effective until expiration of the MOU, except as may be
determined by the Personnel Commission pursuant to the procedures
outlined below. This provision shall modify and supersede the time
limits, where inconsistent, contained in Section 7 of the current
Employer-Employee Relations Resolution of the City of
Huntington Beach.
ii. The City and the Association have agreed to a procedure whereby the
City, by and through the Human Resources Manager, would be
entitled to propose a Unit Modification. The Association and the City
agree to jointly recommend a modification of the City of Huntington
Beach Employer-Employee Relations Resolution (Resolution Number
3335) upon the City's having completed its obligation to meet and
confer on this issue with all other bargaining units.
iii. 7-3 Human Resources Manager's Motion of Unit Modification — The
Human Resources Manager may propose during the same period for
filing a Petition for Decertification that an established unit be modified
in accordance with the following procedure:
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iv. The Human Resources Manager shall give written notice of the
proposed Unit Modification to all employee organizations that may be
affected by the proposed change. Said written notification shall contain
the Human Resources Manager's rationale for the proposed change
including all information which justifies the change pursuant to the
criteria established in Section 6-5 for Appropriateness of Units.
Additionally, the Human Resources Manager shall provide all affected
employee organizations with all correspondence, memoranda, and
other documents, which relate to any input regarding the Unit
Modification which may have been received by the City or from
affected employees and/or sent by the City to affected employees;
v. Following receipt of the Human Resources Manager's Proposal for
Unit Modification any affected employee organization shall be afforded
not less than thirty (30) days to receive input from its members
regarding the proposed change and to formulate a written and/or oral
response to the Motion for Unit Modification to the Personnel
Commission;
vi. The Personnel Commission shall conduct a noticed Public Hearing
regarding the Motion for Unit Modification at which time all affected
employee organizations and other interested parties shall be heard.
The Personnel Commission shall make a determination regarding the
proposed Unit Modification which determination may include a-
granting of the motion, a denying of the motion, or other appropriate
orders relating to the appropriate creation of Bargaining Units.
Following the Personnel Commission's determination of the
composition of the appropriate Unit or Units, it shall give written notice
of such determination to all affected employee organizations;
vii. Any party who chooses to appeal the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of
Section 14-4 of Resolution Number 3335.
2. During the term of this MOU, the City and the Association agree to update
the Employer-Employee Relations Resolution to reflect current State law.
D. Weapons Vesting
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.
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E. Association Business
An allowance of fifty (50) hours per year shall be established for the purpose of
allowing authorized representatives of the Association to represent members in
their employment relations.
F. 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.
G. 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.
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.
H. Direct Deposit
All employees are required to utilize direct deposit of payroll checks.
I. Administrative Appeal Procedure
In compliance with Government Code 3304(b), the Administrative Appeal
Procedure for all Public Safety Officers is referenced in Exhibit C of this MOU.
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J. Grievance Hearing Cost Sharing
Grievance hearing costs shall be paid equally by the City and the Association.
The parties agree that under no circumstances shall the grievant(s) be required
to pay any part of the grievance hearing costs.
K. Change in Minimum Education Requirement
All employees eligible to test for the positions of Police Captain or Police
Lieutenant after July 1, 2007, shall possess a Bachelor's degree from an
accredited educational institution.
ARTICLE XV -- TERM OF MEMORANDUM OF UNDERSTANDING (MOU)
This MOU shall be in effect for a term commencing on July 1, 2006 and ending at
midnight on June 30, 2010. Except as expressly provided herein, no further
improvements or changes in the salaries and monetary benefits of the employees shall
take effect during the term of this Agreement unless agreed upon by the City and the
Association. It is 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 this Agreement.
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ARTICLE XVI -- CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or affect whatsoever unless and until adopted by
Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this LZL"day of L , 2006.
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH
POLICE MANA NT ASSOCIATION
By: By: 7A L- �
Penelopi Culbreth-Graft, Tom Donnelly
City Administrator PMA sident
By: By: V"4"'d
Bob Hall Wi liam Stuaff
Deputy City Administrator PMA Vice-President
By: COUNTERPART By:
zo�a
Renee Mayne ave unetta
Chief Negotiator P ecretary
By:
in Feuerstein
PMA Treasurer
APPROVED AS TO FORM:
ByjJnnifer
McGr th Attorney AAaV - �'t 4-0 to
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Jul 06 06 04: 2Op CITY OF HB 714 860 8804 p. 2
POLICE MANAGEMENT ASSOCIATION
ARTICLE XVI --CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or affect whatsoever unless and until adopted by
Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this day of
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH
POLICE MANAGEMENT ASSOCIATION
By: By:
Penelope Culbreth-Graft, Tom Donnelly
City Administrator PMA President
By: By:
Bob Hall William Stuart
Deputy City Administrator PMA Vice-President
y: By:
Renee Mayne Dave Bunetta
Chief Negotiator PMA Secretary
By:
Irwin Feuerstein
PMA Treasurer
APPROVED AS TO FORM:
By:
Jennifer McGrath
City Attorney
COUNTERPART
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EXHIBIT A- SALARY SCHEDULE
EFFECTIVE JULY 1, 2006(Pay Period Beginning July 1,2006)
Salary increases 6%for Lieutenants and 4%for Captains
0234 Police Lieutenant 624 $8,493.33 $8,961.33 $9,453.60 $9,973.60 $10,521.33
$49.00 $51.70 $54.54 $57.54 $60.70
0233 Police Captain 652 $9,767.33 $10,304.67 $10,871.47 $11,469.47 $12,100.40
$56.35 $59.45 $62.72 $66.17 $69.81
EFFECTIVE JULY 1, 2007 (Pay Period Beginning June 30, 2007)
Salary increases 4%for Lieutenants and Captains
0234 Police Lieutenant 632 $8,840.00 $9,325.33 $9,838.40 $10,379.20 $10,949.47
$51.00 $53.80 1 $56.76 $59.88 $63.17
0233 Police Captain 660 $10,164.27 $10,724.13 $11,313.47 $11,935.73 $12,592.67
$58.64 $61.87 $65.27 $68.86 $72.65
EFFECTIVE JULY 1,2008 (Pay Period Beginning June 28,2008)
Salary increases 5%for Lieutenants and Captains
0234 Police Lieutenant 642 $9,292.40 $9,803.73 $10,342.80 $10,911.33 $11,511.07
$53.61 $56.56 $59.67 $62.95 $66.41
0233 Police Captain 670 $10,686.00 $11,273.60 $11,894.13 $12,547.60 $13,237.47
$61.65 $65.04 $68.62 $72.39 $76.37
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EXHIBIT A- SALARY SCHEDULE
EFFECTIVE JULY 1,2009(Pay Period Beginning June 26, 2009)
Salary increases 3.25%for Lieutenants and 2.60%for Captains
Im
0234 Police Lieutenant 648 $9,594.40 $10,122.35 $10,678.94 $11,265.95 $11,885.18
$55.35 $58.40 $61.61 $65.00 $68.57
0233 Police Captain 675 $10,954.67 $11,557.87 $12,194.00 $12,864.80 $13,572.00
$63.20 $66.68 $70.35 $74.22 $78.30
EFFECTIVE JANUARY 1, 2010(Pay Period Beginning December 26, 2009)
Salary increases 3.76%for Lieutenants and 3%for Captains
Imm-
0234 Police Lieutenant 656 $9,963.20 $10,510.93 $11,089.87 $11,700.00 $12,343.07
$57.48 $60.64 $63.98 $67.50 $71.21
0233 Police Captain 681 $11,287.47 $11,908.00 $12,563.20 $13,254.80 $13,984.53
$65.12 $68.70 $72.48 $76.47 $80.68
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EXHIBIT B — 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.
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 (CaIPERS).
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 sixty-five
(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
retiree (annuitant) to annually certify that the retiree is purchasing medical insurance
benefits.
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EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN
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 one
hundred twenty dollars ($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 $121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
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. provides an example of expected reductions per retiree per month.
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EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN
8. Medicare:
a. All persons are eligible for Medicare coverage at age sixty-five (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 sixty-five (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 sixty-five (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 sixty-five (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 sixty-five (65) is not eligible for paid
Part A of Medicare and his/her spouse who is also age sixty-five (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 sixty- five (65).
ii. At age sixty-five (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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EXHIBIT C —ADMINISTRATIVE APPEAL PROCEDURE
1) Authority
a. Personnel Rule 20 of the existing City Personnel Rules provides an
administrative procedure for appealing any discipline that involves a
loss in pay. Rule 20 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
20.
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 (3) 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 (1) employee selected by the Association
one (1) employee selected by the Chief of Police, and the third
employee selected by mutual agreement between the first two (2)
Panel members. If no agreement can be reached, the "strike-out"
process will be used to select the third Panel member, with the
Association and the Chief each submitting four (4) names for
consideration. A coin toss will determine the party striking first with the
Association reserving the right to call the coin or defer.
c. The panel member selected by the Chief of Police, the Association and
the panel member selected by the Chief of Police and the Association
shall each select one (1) 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 (1) year.
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EXHIBIT C —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/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 Chief of Police; 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
hearing. The Administrative Arbitration Panel is required to convene within
thirty (30) days of receiving notice from the Chief of Police.
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 and may be transcribed.
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 (1) 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.
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
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PMA MOU FINAL 2006-2010
POLICE MANAGEMENT ASSOCIATION
EXHIBIT C —ADMINISTRATIVE APPEAL PROCEDURE
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 Association 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.
29
PMA MOU FINAL 2006-2010
POLICE MANAGEMENT ASSOCIATION
EXHIBIT D -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. Employees who accrue Vacation, General
Leave or Exempt Compensatory Time may donate such leave to another
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
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 accrual 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 Exempt Compensatory Time, 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. Exempt 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 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.
30
PMA MOU FINAL 2006-2010
1
POLICE MANAGEMENT ASSOCIATION
EXHIBIT D -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.
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PMA MOU FINAL 2006-2010
POLICE MANAGEMENT ASSOCIATION
EXHIBIT D -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Request Form
Requestor, Please Complete
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request
donated Vacation, General Leave or Exempt 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 or Type: Last, First, MI)
Work Phone: Department:
Job Title: Employee ID#:
Requester Signature: Date:
Department Director Signature of Support: Date:
m
Reso' anage ur
Please return this form to the Human Resources Office for processing.
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PMA MOU FINAL 2006-2010
POLICE MANAGEMENT ASSOCIATION
EXHIBIT D -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name: (Please Print or Type: Last, First, MI)
ork Phone:
Donor Job Title:
Type of Accrued Leave: Number of Hours I wish to Donate:
❑ Vacation Hours of Vacation
❑ Compensatory Time Hours of Exempt Compensatory Time
�Fl General Leave Hours of General Leave
understand that this voluntary donation of leave credits, 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, Exempt Compensatory Time or General Leave hours to
the Leave Donation Program for:
Eligible recipient employee's name (Last, First, MI):
Donor Signature: Date:
Please submit to Payroll in the Human Resources Division.
33
PMA MOU FINAL 2006-2010
POLICE MANAGEMENT ASSOCIATION
EXHIBIT E — SELF-FUNDED SUPPLEMENTAL RETIREMENT BENEFIT
(Page 15 that contains Article XI.A.2 from the Memorandum of Understanding between the City and the
Huntington Beach Police Officers'Association ratified on June 13, 1998)
A. Benefits:
1. CHP Retirement Plan - The CITY will provide, for all safety personnel
represented by the ASSOCIATION whose retirement is effective or whose
death occurs after July 1, 1978, Public Employees' Retirement System
retirement benefits computed by utilizing the two percent at age fifty (50)
formula commonly referred to as the California Highway Patrol (CHP)
Retirement Plan.
2. Self-Funded Supplemental Retirement Benefit - In the event a PERS
member elects Option #2 (Section 21333) of the Public Employee's
Retirement law, and the member is a unit employee who was hired prior to
July 6, 1998, the CITY shall pay the difference between such elected option
and the unmodified allowance which the member would have received for
his/her life alone. This payment shall be made only to the member, shall be
payable by the CITY during the life of the member, and upon that member's
death, the City's obligation shall cease. The method of funding this benefit
shall be at the sole discretion of the CITY. All unit employees hired after
the adoption of this MOU shall not be eligible for this benefit. (Note: The
options provide that the allowance is payable to the member until his/her
death, and then either the entire allowance, Option 2, or one-half of the
allowance, Option 3) is paid to the beneficiary for life.)
3. PERS Rollover - Each employee, eligible for service retirement, may have
his/her PERS pickup and vacation accrual reported as compensation for all
or any part of the twelve (12) month period prior to his/her service
retirement date upon written request to the Director of Finance. Such
modified reporting shall be limited to a maximum period of twenty-four (24)
months preceding retirement. Requests for retroactivity, if permitted by
PERS, will be decided on an individual basis and shall require the approval
of the Human Resources Officer. No unit employee shall be allowed to
apply for or continue this benefit (PERS pick-up and vacation accrual)
beyond January 31, 1994.
4. Medical Insurance for Retirees:
a. Upon retirement (whether service or disability) each employee shall
have the following options in regards to medical insurance under CITY
sponsored plans:
1) With no change in benefits, retirees can stay in the City's
Employee Health Plan or an HMO Plan offered by the CITY at
the retiree's own expense for the maximum time period required
by Federal Law (COBRA), or
34
PMA MOU FINAL 2006-2010
Res. No. 2006-43
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 17th day of July,
2006 by the following vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
City lerk and ex-officio CUrk of the
City Council of the City of
Huntington Beach, California