HomeMy WebLinkAboutCity Council - 2010-14 RESOLUTION NO. 2010-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION, BY
ADOPTING A SIDE LETTER OF AGREEMENT
WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2006-43 for
the purpose of adopting the Memorandum of Understanding (MOU) between the City and the
Huntington Beach Police Management Association(HBPMA); and
Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPMA
agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of
Huntington Beach and the HBPMA ("Side Letter of Agreement") attached hereto as Exhibit A and
incorporated herein by this reference.
NOW,THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach as follows:
1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted.
2. The Side Letter of Agreement amends the MOU between the City of Huntington
Beach and the HBPMA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 16th day of February , 166 2010.
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REVIEW APPROVED: INIT T D AND APPR f
City A#hini rator ectfor of Hum Reso
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APPROVED AS TO FORM:
City Attorne
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Exhibit "A" Resolution No. 2010-14
City of Huntington Beach
SIDE LETTER AGREEMENT
Representatives of the Police Management Association ("PMA") and the City of
Huntington Beach ("City") hereby agree to the following terms related to the PMA
MOU with respect to the following:
ARTICLE III -- SALARY SCHEDULES AND RETIREMENT
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 Association. Article III.B. is hereby modified such that the combined
City-paid and employee-paid contribution equals 9%. Effective the pay
period beginning April 3, 2010, the City shall pay 4.75% of each employee's
"compensation earnable" of the employer-paid contribution of 9%. All
employees covered by this agreement shall pay 4.25% of "compensation
earnable" towards the employer-paid contribution of 9%.
Side-Letter Implementation
The modified provisions contained in this side letter are effective April 3, 2010
following approval by the City of Huntington Beach City Council and will remain in
full force and effect unless otherwise specifically modified, either by subsequent
side-letter or a successor memorandum of understanding.
The parties agree that this side-letter agreement and the implementation thereof
will not be subject to Personnel Rule 19 - Grievance Procedure/Non-Disciplinary
Matters, or otherwise appealed either administratively or in a court of competent
jurisdiction.
Exhibit "A" Resolution No. 2010-14
IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to
be executed by and through their authorized officers on
Huntington Beach City of Huntington Beach
Police Management Association
t
Tom Donnelly , Pre ide t Fre A. W Ison
City Adm nistrator
Dated: 2 ` � �`� Dated:
Mitch O'Brien Vice-President a Carr
Director of Human Resources
Dated: _ .Z " 10 'Dated: W D
OVER AS TO FORM:
J nnifer Im. McGrath
City Attorney
Dated:
Res. No. 2010-14
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 February 16, 2010 by
the following vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
Cit Jerk and ex-officio Oferk of the
City Council of the City of
Huntington Beach, California