HomeMy WebLinkAboutCity Council - 2011-63 RESOLUTION NO. 2011-63
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
(PMA), BY ADOPTING THE SIDE LETTER OF AGREEMENT (MOU
EXTENSION)
WHEREAS, on July 17, 2006, 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 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 PMA ("Side Letter of Agreement")
attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of
Agreement pertains to MOU Extension.
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 PMA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of September 2011.
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REVIE D APPROVED:
APPROVED AS TO FORM:
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INITI E AND APPROVED:
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an Resources
Reso. 2011-63 - Ex. "A"
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:
TERM OF MOU EXTENSION
This Memorandum of Understanding (MOU) shall be extended for the period October 1, 2011,
and ending at midnight September 30, 2013.
CONCESSION ITEMS
PMA AGREES TO THE FOLLOWING ITEMS THAT WILL SUNSET AT THE
EXPIRATION OF THE MOU EXTENSION.
ARTICLE XIV— MISCELLANEOUS PROVISIONS
A. Re-Opener
If there is any change to the benefits provided to HBPOA that differ from those provided
to PMA, either the City or Association may request to reopen discussions regarding a
change to that specific benefit.
i. In the event the City considers a two-tiered retirement system program the
parties agree to reopen discussions on this item.
ii. PMA will agree to the implementation of a second-tier CalPERS retirement
formula for newly hired police safety employees, if HBPOA implements a second
tier retirement formula.
iii. Any CalPERS second-tier safety benefit formula would be consistent among all
new hires across all public safety groups.
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 any MOU extension. It is the intent to
incorporate the PT program with the ability to earn paid time off into the subsequent
MOU.
PMA AGREES TO THE FOLLOWING CONCESSION ITEMS THAT WILL NOT SUNSET
AT THE EXPIRATION OF THE MOU EXTENSION.-
ARTICLE III -SALARY SCHEDULES AND RETIREMENT
D. Continue amended PERS Retirement contributions at the level established via side letter
executed February 16, 2010 (Resolution No. 2010-14) until the end of the term of any
MOU extension. The amended PERS Retirement contributions established via side-
letter executed May 17, 2010 (Resolution No. 2010-29) shall continue. [PMA employees
will contribute 4.25% of the 9% employee share.]
Reso. 2011-63 - Ex. "A"
Side-Letter Implementation
The modified provisions contained in this side letter are effective October 1, 2011 and will
remain in full force and effect unless otherwise specifically modified, either by extension of this
side-letter, a 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.
IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be
executed by and through their authorized officers on 16 A011
Huntington Beach City of Huntington Beach
Police Management Association
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Tom Donnell Fred it on
President City ana er
Dated: L� _ r Dated: l
Mitch O'Brien Michele Carr
Vice-President Director of Human Resources
Dated: 1 'Ll Dated: 8 Z I
APPROVED AS TO FORM:
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Jennifer M. McGrath
City Attorney
Dated: e/3`'��®
Res. No. 2011-63
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 September 6, 2011 by the following vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California