HomeMy WebLinkAboutCity Council - 2007-24 RESOLUTION NO. 2007-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE
POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF
AGREEMENT (REGARDING MEDICAL RETIREMENT TRUST FUND PROGRAM)
WHEREAS, on July 17 , 2006 , the City Council of Huntington Beach adopted
Resolution No. 2006-43 for the purpose of adopting the 2006-10 Memorandum of
Understanding (MOU)between the City and the Police Management Association(PMA);
Subsequent to the adoption of the MOU,the City of Huntington Beach and PMA agreed to
changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement
between the City of Huntington Beach and the PMA ("Side Letter of Agreement") attached hereto
as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to
the implementation of a medical retirement trust fund program.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach as follows:
Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and
adopted.
Section 2. The Side Letter of Agreement amends the MOU between the City of
Huntington Beach and the PMA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 2 n d day of Apri 1 200L.
e
Ma
REVIEWED AND APPROVED:
APPROVED AS TO FORM:
ity AdrAinistrator
jty Attorney
INI D AND APPROVED:
Deputy City Administrator
City Services
07-896/8133
Resolution No. 2007-24
Exhibit "A"
SIDE LETTER AGREEMENT
February 22, 2007
Representatives of the Huntington Beach Police Management Association ("HBPMA")
and the City of Huntington Beach ("City") hereby agree to the following terms related to
the implementation of a Post-Retirement Medical Reimbursement Program pursuant to
Article IV(E) of the MOU between the HBPMA and City effective July 1, 2006.
EMPLOYEE WELFARE BENEFIT TRUST FUND:
The City authorizes the HBPMA to implement and administer its own employee
welfare medical benefit trust fund program, called that California Public Safety
Retirement Medical Trust, providing the following conditions are adhered to:
1. The City and HBPMA agree that the City shall not provide any contribution to
the program.
2. Effective upon ratification of this side letter, City shall withhold $88.89 monthly
for each represented employee. Effective 1/1/08, said withholding shall
increase to $92.52. Effective 1/1/09, said withholding shall increase to $97.25.
Effective 1/1/10, said withholding shall increase to $102.23. Deductions shall
be taken on the first two checks of each month.
3. HBPMA shall create and administer the program and shall pay all associated
expenses incurred for administering the program.
4. Upon request, the HBPMA shall provide documentation to the City as follows:
a. A copy of the in-force employee medical welfare benefit trust fund
program;
b. A statement certifying that funds collected are for employee welfare
medical benefits for HBPMA represented employees only;
C. A copy of the current program document as well as any changes of
amendments, or written confirmation that there have been no changes
as employee medical welfare benefit trust fund program provider;
d. Verification of the funds received by the HBPMA, and
e. A statement certifying that the submitted funds are only being utilized to
provide employee welfare medical benefit trust funds for participa„ng
members including members of the HBPMA.
5. City shall pay the withheld funds to the HBPMA bi-weekly.
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07-896-8136
> Resolution No. 2007-24
Exhibit "A"
6. All Federal and State laws regarding employee medical welfare benefit trust
funds coverage shall be followed.
7. HBPMA 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 HBPMA
sponsored and administered employee welfare benefit trust fund program.
LEAVE BENEFITS UPON SEPARATION:
Article XIV(F) of the MOU between the HBPMA and City effective July 1, 2006, is
amended as follows:
The value of any unused earned leave benefits (sick, vacation, general leave) may
be transferred to deferred compensation or a PMA-sponsored medical retirement
trust program in connection with separation from employment, but only during the
time the employee is actively employed with the City. Any transfer to the PMA-
sponsored medical retirement trust program shall be on a pre-tax basis. The
employee must request the transfer no later than the pay period prior to the
employee's last day of employment. Any unused earned leave benefits remaining
upon separation will be transferred to the PMA-sponsored medical retirement trust
program on a pre-tax basis.
For H A For the City of Huntington Bea
Tom Donnelly pJ, .5ywA4=- Eff. Penelope Culbreth- raft
President VW-4-7- 1rz6;6=M.A 7_ City Administrator
Dated: Dated:
Kenneth W. Small
Chief of Police
Dated: 3 - 7—lo- a7
Approved as to form:
ry�
Jenn; er McGrath �--
City Attorney
Dated:
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07-896-8136
Res. No. 2007-24
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 a regular meeting thereof held on the 2nd day of April, 2007 by the following
vote:
AYES: Bohr, Carchio, Cook, Green, Hardy
NOES: None
ABSENT: Coerper, Hansen
ABSTAIN: None
y Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California