HomeMy WebLinkAboutCity Council - 2008-34 RESOLUTION NO. 2008-34
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 were reflected in a Side Letter of
Agreement between the City of Huntington Beach and the PMA adopted by Resolution No. 2007-
24. At this time,the parties have agreed to additional changes to the Side Letter of Agreement
between the City of Huntington Beach and PMA("Side Letter of Agreement") attached hereto as
Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to the
participation in a qualified medical retirement trust fiend 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 7 t h day of July 200_8_.
Q
Mayor
REVIEWS D PPROVED:
APPROVED AS TO FORM:
City Administrate
ty Attorney ,49
IN AND PP
man Resources 'rector LZ
07-896/8133
Resolution No. 2008-34
Resolution No. 2008-34, Exhibit "A"
SIDE LETTER AGREEMENT
May 31, 2008
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 participate in an employee welfare medical benefit
trust fund program, called that PORAC Retiree 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 5/31/08, the City shall withhold $100.00 monthly for each
represented employee. Thereafter, said withholding shall be in an amount as
designated by the HBPMA. Deductions shall be taken on the first two checks
of each month.
3. HBPMA shall pay all associated expenses incurred for participation in 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 submitted to the PORAC Retiree Medical Trust
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 participating
members including members of the HBPMA.
5. City shall submit the withheld funds to the PORAC Retiree Medical Trust bi-
weekly.
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07-896-8136
Resolution No. 2008-34, 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 qualified
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) shall
transferred to deferred compensation or a qualified 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 qualified 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 qualified medical retirement trust program on a pre-tax basis.
For HBPMA For the ty f H int,ington Beach
Tom Don Ily Paul E ery
Presiden Interim City Administrator
Dated: " Dated:
-�_-,
Kenneth W. Small
Chief of Police
Dated: G I b `0S
Approved as to form:
Jen fifer McGrath
City Attorney
Dated: CD
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07-896-8136
Res. No. 2008-34
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH
1, 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 July 7, 2008 by the following vote:
AYES: Hansen, Hardy, Bohr, Cook, Green, Carchio
NOES: None
ABSENT: Coerper
ABSTAIN: None
Citiblerk and ex-officio Merk of the
City Council of the City of
Huntington Beach, California