HomeMy WebLinkAboutCity Council - 2011-52 RESOLUTION NO. 2 011-5 2
A RESOLUTION OF THE CITY COUNCIL OF THE sCITY OF HUNTINOTON
BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITE'AND THE HUNTINGTON BEACH POLICE OFFICERS'
ASSOCIATION (POA), 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(POA);
i
Subsequent to the adoption of the MOU, the City of Huntington Beach and POA
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 POA ("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:
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 POA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1 s t day of A u g u s t, 2011.
0
Mayor
REVIE APPROVED ,° P
d
City r ctor o uman Resources
APPROVED AS TO FORM:
ity Attorney
City of Huntington Beach
SIDE LETTER AGREEMENT
Representatives of the Huntington Beach Police Officers' Association ("POA") and the City of Huntington
Beach ("City") hereby agree to extend the terms related to the POA MOU with respect to the following:
TERM OF MOU EXTENSION
This Memorandum of Understanding (MOU) shall be extended from October 1, 2011, through and
including midnight September 30, 2013.
CONCESSION ITEMS
The HBPOA agrees to the following concession items that will sunset at the expiration of the MOU
extension:
1. ARTICLE XIV—MISCELLANEOUS
L. The Physical Fitness program compensation of earning paid time off as outlined in Section 208.8
— 208.8.8 of the Huntington Beach Police Department Policy Manual is hereby suspended until
the expiration of the MOU extension. HBPD SWAT team members are required to participate in
the PT program; however, PT paid time off will not accrue to HBPD SWAT team members during
the suspension period. It is the intent to incorporate the PT program with the ability to earn paid
time off into the subsequent MOU.
The HBPOA agrees to the following concession items that will not sunset at the expiration of the MOU
extension:
2. ARTICLE VI -SALARY SCHEDULE AND PERS PICKUP
B. Non-Sworn PERS Pickup Article VI. B. is hereby modified such that the combined City-paid and
employee-paid contribution equals 8%. Effective the pay period beginning April 3, 2010, the City
shall pay 3.75% of each employee's "compensation earnable" of the employer-paid contribution
of 8%. All non-safety employees covered by this agreement shall pay 4.25% of "compensation
earnable"towards the employer-paid contribution of 8%.
C. Sworn PERS Pickup
a. Article VI. C. 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 safety employees covered by this agreement shall pay 4.25% of"compensation earnable"
towards the employer-paid contribution of 9%.
The HBPOA agrees to the following concession item will sunset at the expiration of the MOU extension
unless implemented and only apply to employees hired after implementation:
3. ARTICLE XI—RETIREMENT
A. Safety Employee Retirement Benefits:
5. The HBPOA will agree to the implementation of the 3% at 55 CalPERS retirement formula
upon the Huntington Beach Police Department employment of 216 sworn employees; or no
later than July 31, 2013, if two of the following cities have implemented a second tier
retirement formula for police safety employees: Santa Ana, Anaheim, and Irvine.
4. PERSONNEL RULE 5-21. REEMPLOYMENT LISTS -MODIFIED
Personnel Rule 5-21 shall be modified during the term of this contract extension to provide that in the
event any employee represented by HBPOA is demoted in lieu of layoff, that individual shall be
placed at the top of a re-employment list for the classification from which the individual was demoted
and shall be given the first opportunity to fill any vacancy in that classification irrespective of how
much time transpires between the demotion and the existence of the vacancy.
Page 1 of 2
Extension to the 2006-2010 kliemorandum of Understanding would include all changes to the MOU as
adopted in Resolution 2010-13.
Side-Letter Implementation
The provisions contained in this side letter are effective August 1, 2011, 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 aused this SIDE LETTER AGREEMENT to be executed by
and through their authorized officers on Al 61t,,�T
Huntington Beach City of Huntington Beach
Police Officers'Association
Ved
(Kreg) Muller F (ason
nt ) ty Mari ger
Dated: / / Dated:
l�
Yasha Nikitin hele Carr
Vice-President irector of Hunidn Res urces
Dated: �/h ( Dated:
Ken Small
Police Chief
Dated:
APPROVED AS TO FORM:
` y)c
Ciei
nnfer M. cGrath dd
City Attoyrney j
Dated:
Page 2 of 2
Proposed Amendment to POA Sideletter
The HBPOA will agree to the implementation of the 3% at 55 CalPERS retirement
formula upon the Huntington Beach Police Department employment of 216 sworn
employees; or no later than July 31, 2013, if two of the following cities have
implemented a second tier retirement formula for police public safety employees: Santa
Ana, Anaheim, and Irvine.
,/�i'. I)LI 77,AJ6 7� / ��619-�117 Exhibit "A" - Resol uti o X0, 11-52
•' /�f �7 � City of Huntington Beach
SIDE LETTER AGREEMENT
Representatives of the Huntington Beach Police Officers' Association ("POA ) and the City/ofHuntington
Beach ("City") hereby agree to extend the terms related to the POA MOU with respect to the following:
7
TERM OF MOU EXTENSION
This Memorandum of Understanding (MOU) shall be extended from October 1, 2011, through and
including midnight September 30, 2013.
CONCESSION ITEMS
The HBPOA agrees to the following concession items that will s nset at the expiration of the MOU
extension:
1. ARTICLE XIV-MISCELLANEOUS
L. The Physical Fitness program compensation of arning paid time off as outlined in Section 208.8
- 208.8.8 of the Huntington Beach Police Department Policy Manual is hereby suspended until
the expiration of the MOU extension. HBPD 3 AT team members are required to participate in
the PT program; however, PT paid time off
P9ill not accrue to HBPD SWAT team members during
the suspension period. It is the intent to incorporate the PT program with the ability to earn paid
time off into the subsequent MOU.
The HBPOA agrees to the following concessj/nitems that will not sunset at the expiration of the MOU
extension:
2. ARTICLE VI-SALARY SCHED ZE AND PERS PICKUP
B. Non-Sworn PERS Pickup Article VI. B. is hereby modified such that the combined City-paid and
employee-paid contribution p(quals 8%. Effective the pay period beginning April 3, 2010, the City
shall pay 3.75% of each employee's "compensation earnable" of the employer-paid contribution of
8%. All non-safety employees covered by this agreement shall pay 4.25% of "compensation
earnable"towards the employer-paid contribution of 8%.
C. Sworn PERS Pickup
a. Artible VI. C. is herebymodified such that the combined City-paid and employee-paid
contribution equals 9%. Effective the pay period beginning April 3, 2010, the City
'hall pay 4.75% of each employee's "compensation earnable" of the employer-paid
contribution of 9%. All safety employees covered by this agreement shall pay 4.25%
of"compensation earnable"towards the employer-paid contribution of 9%.
3. PERSONNEL RULE 5-21. REEMPLOYMENT LISTS -MODIFIED
Person /I Rule 5-21 shall be modified during the term of this contract extension to provide that in the
event ny employee represented by HBPOA is demoted in lieu of layoff, that individual shall be
place at the top of a re-employment list for the classification from which the individual was demoted
and shall be given the first opportunity to fill any vacancy in that classification irrespective of how
m ch time transpires between the demotion and the existence of the vacancy.
Extension to the 2006-2010 Memorandum of Understanding would include all changes to the MOU as
adopted in Resolution 2010-13.
Page 1 of 2
Exhibit "A" - Resolution No. 2011-52
Side-Letter Implementation
The provisions contained in this side letter are effective August 1, 2011, following approval b the City of
Huntington Beach City Council and will remain in full force and effect unless otherwi specifically
modified, either by subsequent side-letter or a successor memorandum of understanding.
IN WITNESS WHEREOF, the parties have ca sed this SIDE LETTER AGREEM T to be executed by
and through their authorized officers on 44U 6/A57-
Huntington Beach City Huntington Beach
Police Officers' Association
Jambs (Kreg) Mulle.Z' Fr A. Ison
t .President r C' Manager
Dated: - �y / l Dated:
X.
Yaglia Nikitin ichele Carr
Vice-President irector of Huma Resour `es
Dated: Dated: ` f/
Ken Small
Police Chief
Dated: / d
APPROVED AS TO FORM:
',-,_Jbnnifer . Mc-13rath
City Attorney
Dated: " 1 `4• I 1
Page 2 of 2
Res. No. 2011-52
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 August 1, 2011 by
the following vote.-
AYES: Shaw, Carchio, Bohr, Boardman
NOES: Harper, Hansen, Dwyer
ABSENT: None
ABSTAIN: None
CityVlerk and ex-officio Ark of the
City Council of the City of
Huntington Beach, California