HomeMy WebLinkAboutCity Council - 2010-70 RESOLUTION NO. 2010-70
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 OFFICERS' ASSOCIATION (HBPOA), BY
ADOPTING THE SIDE LETTER OF AGREEMENT
WHEREAS, on May 1, 2006, the City Council of Huntington Beach adopted
Resolution No. 2006-19 for the purpose of adopting the Memorandum of Understanding (MOU)
between the City and the Huntington Beach Police Officers' Association(HBPOA);
Subsequent to the adoption of the MOU, the City of Huntington Beach and the POA
agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City
of Huntington Beach and the HBPOA ("Side Letter of Agreement") attached hereto as Exhibit A
and incorporated herein by this reference. The Side Letter of Agreement pertains to medical
retirement trust fund program modifications.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve 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 HBPOA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of October , 201 0
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May
REVIEWPPROVED: INITI D APPR -V
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Aiministrator irector of'Human Resources
APPROVED AS TO FORM:
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City Attorney
10-2643/53069
Exhibit "A" - Resolution No. 2010-70
City of Huntington Beach
SIDE LETTER AGREEMENT
Representatives of the Huntington Beach Police Officers' Association ("HBPOA") and the City of Huntington
Beach ("City") have met and conferred regarding the subject matter of this Side letter Agreement and hereby
agree to the following terms related to the HBPOA Memorandum of Understanding (MOU):
ARTICLE X—HEALTH AND OTHER INSURANCE BENEFITS
A. HEALTH
EMPLOYEE WELFARE BENEFIT TRUST FUND
The City authorizes the HBPOA to participate in an employee welfare medical benefit trust fund program,
called the PORAC Retiree Medical Trust, with the following conditions:
1. The City and HBPOA agree that the City shall not provide any contribution to the program.
2. Effective 5/31/08, City shall withhold $100.00 PER month for each represented employee to
participate in the program. Thereafter, said withholding shall be in an amount as designated
in writing by the HBPOA. Deductions shall be taken on the first two checks of each month.
3. Generally, participation and contributions are required for every member of the bargaining
unit represented by the Association. However, this requirement will not apply to an
Employee who is entitled to receive full retiree medical coverage due to his or her service in
the United States military (Military Exception).
4. HBPOA shall pay all associated expenses incurred to participation in this program.
5 Upon request, the HBPOA 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 HBPOA 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, 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 HBPOA.
6 City shall pay the withheld funds to the PORAC Retiree Medical Trust bi-weekly.
7. All Federal and State laws regarding employee medical welfare benefit trust funds coverage
shall be followed.
8. HBPOA 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 (Reference Resolution No. 2008-35).
1
10-2643/53067
Exhibit "A" - Resolution No. 2010-70
Side-Letter Implementation
The provisions contained in this side letter are effective 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.
IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and
through their authorized officers on October 4, 2010
Huntington Beach City of Huntington Beach
Police Officers' Association
- 'A;�_ ;� /
es (Kreg) Muller Fr d ilson
resident / City Administrator
Dated: ? 3 ( 0 Dated:
Yasiia Nikitin hel Carr
Vice-President Dir for of Human_Resou es
Dated: �23�IZ> Dated: ,�
Ken Small
Police Chief
Dated:
ROVED A TO FORM:
AJ nnifer . McGrath
City Attorney
Dated:
2
10-2643/53067
Res. No. 2010-70
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 October 4, 2010 by the following vote:
AYES: Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: Carchio, Coerper,
ABSTAIN: None
Cit lerk and ex-officio erk of the
City Council of the City of
Huntington Beach, California