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Home My WebLink AboutCity Council - 2016-36 RESOLUTION NO. 2016- 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCATION (HBPOA) AND THE CITY FOR OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2017 The City Council of the City of Huntington Beach does resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association (HBPOA), a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof; and the City Manager is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term ol� October 1, 2015 through September 30, 2017. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of June , 2016. yo REVIEW D APPROVED: APPROVED 'FORM: City 1 ity ttorney V - rnA� -la -I(, IN AN O ED: ector of Human Resources 16-5248/136015/MV Memorandum of Understanding Between Huntington Beach Police Officers' Association \ l x► and City of Huntington Beach October 1 , 2015 - September 30, 2017 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS' ASSOCIATION TABLE OF CONTENTS PREAMBLE .................................................................................................................................1 ARTICLEI - TERM OF MOU .......................................................................................................1 ARTICLE II - REPRESENTATIONAL UNIT/CLASS ...................................................................1 ARTICLE III - MANAGEMENT RIGHTS......................................................................................2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT......................................................2 ARTICLEV -SEVERABILITY.....................................................................................................2 ARTICLEVI - SALARY SCHEDULE...........................................................................................2 A. Salary Schedule.......................................................................................................................2 B. Adjustment to Salary................................................................................................................2 C. Collection of Payroll Overpayments.........................................................................................3 ARTICLEVII - SPECIAL PAY .....................................................................................................3 A. Police Professional Development Plan.................................................................................3 B. Flight Pay ..............................................................................................................................4 C. Certified Flight Instructors .....................................................................................................4 D. Shift Differential.....................................................................................................................4 E. Motor Pay..............................................................................................................................5 F. Bilingual Pay .........................................................................................................................5 G. Holidays ................................................................................................................................6 1. Holiday In-Lieu Pay............................................................................................................6 2. Holidays Worked................................................................................................................6 3. Holidays.............................................................................................................................6 H. FTO Compensation...............................................................................................................6 I. Longevity Pay........................................................................................................................7 J. Effective Date of Special Pays ..............................................................................................7 K. No Pyramiding/Compounding of Special Pays......................................................................7 L. Nurse Pay .............................................................................................................................8 ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT .......................................8 A. Uniforms................................................................................................................................8 B. Special Assignment Uniform Needs......................................................................................8 C. Motorcycle Britches...............................................................................................................8 ARTICLE IX - HOURS OF WORK/OVERTIME ...........................................................................9 A. Work Schedule......................................................................................................................9 2. 4/10 Schedule....................................................................................................................9 3. 7/11.5 Schedule.................................................................................................................9 4. Overtime.......................................................................................................................... 10 B. Other Time .......................................................................................................................... 10 1. Compensatory Time Off................................................................................................... 10 2. Work Time ....................................................................................................................... 11 3. Subpoena Compensation ................................................................................................ 12 HBPOA MOU October 1,2015 through September 30,2017 i MEMORANDUM OF UNDERSTANDING POLICE OFFICERS' ASSOCIATION TABLE OF CONTENTS 4. Standby Pay.................................................................................................................... 12 5. Call Back ......................................................................................................................... 12 6. Telephonic Business........................................................................................................ 13 7. Canine Compensation..................................................................................................... 13 8. Shift Trading .................................................................................................................... 13 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS................................................14 A. Retiree Medical Trust.......................................................................................................... 14 B. Health.................................................................................................................................. 15 1. CalPERS Public Employees' Medical and Hospital Care Act .......................................... 15 2. Dental Insurance.............................................................................................................. 16 3. Retiree (Annuitant Coverage ........................................................................................... 16 4. Medical/Vision Opt-Out.................................................................................................... 17 5. Section 125 Employee Plan............................................................................................. 18 6. Life Insurance.................................................................................................................. 18 7. Income Protection Plan.................................................................................................... 18 8. Long Term Care...............................................................................................................20 ARTICLEXI - RETIREMENT.....................................................................................................21 A. "Classic Member" Safety Employee Retirement Benefits ...................................................21 1. 3% @ Age 50 Plan ..........................................................................................................21 2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574)..............21 3. Pre-retirement Optional 2 Death Benefit..........................................................................21 4. One-Year Final Compensation ........................................................................................21 5. "Classic Member" Safety CalPERS Member Contribution...............................................21 B. "Classic Member" Miscellaneous Employee Retirement Benefits.......................................21 1. 2.5% @ Age 55 Plan .......................................................................................................21 2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574)..............21 3. Pre-retirement Optional 2 Death Benefit..........................................................................21 4. One-Year Final Compensation ........................................................................................21 5. "Classic Member" Miscellaneous CalPERS Member Contribution ..................................22 C. Retirement Benefits for Safety and Miscellaneous Employees ...........................................22 D. CalPERS "New Member" Retirement Benefits....................................................................22 E. "New Members" Safety Retirement Benefits.......................................................................22 1. 2.7% @ Age 57 Plan .......................................................................................................22 2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574)..............22 3. Pre-retirement Optional 2 Death Benefit..........................................................................23 4. Final Compensation.........................................................................................................23 F. "New Members" Miscellaneous Retirement Benefits...........................................................23 1. 2% @ Age 62 Plan ..........................................................................................................23 2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574)..............23 3. Pre-retirement Optional 2 Death Benefit..........................................................................23 4. Final Compensation.........................................................................................................23 HBPOA MOU October 1,2015 through September 30,2017 ii MEMORANDUM OF UNDERSTANDING POLICE OFFICERS' ASSOCIATION TABLE OF CONTENTS ARTICLE XII - LEAVE BENEFITS.............................................................................................23 A. Vacation ..............................................................................................................................23 1. Anniversary Date.............................................................................................................23 2. Annual Vacation...............................................................................................................23 3. Vacation Accrual..............................................................................................................24 4. Vacation...........................................................................................................................24 5. Vacation Pay at Separation .............................................................................................24 6. Vacation Conversion to Cash...........................................................................................24 7. Deferred Compensation/Vacation Cash Out....................................................................24 B. Sick Leave Compensation...................................................................................................25 2. Police Sergeants Sick'Leave Pay Off..............................................................................25 C. Bereavement Leave............................................................................................................25 D. Leave Benefits Entitlement..................................................................................................25 E. Catastrophic.Leave Donation Program ...............................................................................26 F. Nurse Employees Certification............................................................................................26 G. Cash Out of Compensatory Time........................................................................................26 H. Association Business ..........................................................................................................26 ARTICLE XIII - CITY PERSONNEL RULES..............................................................................26 ARTICLE XIV - MISCELLANEOUS...........................................................................................26 A. Tuition Reimbursement.......................................................................................................26 B. Meal Allowance...................................................................................................................27 1. Per Diem..........................................................................................................................27 2. Per Diem Schedule..........................................................................................................27 C. Mileage Allowance ..............................................................................................................27 D. Weapon Vesting..................................................................................................................27 E. Controlled Substance and Alcohol Testing..........................................................................27 F. Take Home Vehicles/ Distance to Work..............................................................................28 G. Administrative Appeal Procedure........................................................................................28 H. Direct Deposit......................................................................................................................28 I. Meet and Confer .................................................................................................................28 J. Physical Fitness Program....................................................................................................28 ARTICLE XV - SUCCESSOR NEGOTIATIONS........................................................................29 EXHIBIT A - SALARY SCHEDULE...........................................................................................30 EXHIBIT B - ASSOCIATION BANK TIME.................................................................................32 EXHIBIT C — RETIREE MEDICAL SUBSIDY............................................................................34 EXHIBIT D -ADMINISTRATIVE APPEAL PROCEDURE.........................................................37 EXHIBIT E -VOLUNTARY CATASTROPHIC LEAVE DONATION ..........................................40 EXHIBIT F - JOB SHARING PROGRAM ..................................................................................44 EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT.....................................46 HBPOA MOU October 1,2015 through September 30,2017 III MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (Hereinafter called ASSOCIATION or POA) PREAMBLE WHEREAS the designated representatives of the City of Huntington Beach and the Huntington Beach Police Officers' Association have met and conferred in good faith with respect to salaries, benefits and other terms and conditions of employment for the employees represented by the Association, NOW, THEREFORE, this Memorandum of Understanding is made to become effective October 1, 2015 and it is agreed as follows ARTICLE I - TERM OF MOU This Memorandum of Understanding (MOU) shall be in effect for a term commencing on October 1, 2015 and ending at 11 59 p m on September 30, 2017 Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits and other terms and conditions of employment of the employees represented by the Association shall take effect during the term of this agreement and the Association expressly waives any right to request any improvements or changes in salaries or monetary benefits and other terms and conditions of employment specifically provided herein for the employees represented in the unit Provided, however, the City and Association shall, upon request, meet and confer to address issues not specifically covered by provisions of this MOU, and/or discussed during the meet and confer process immediately preceding the adoption of the current MOU ARTICLE II - REPRESENTATIONAL UNIT/CLASS It is recognized that the Huntington Beach Police Officers' Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of employees of the Huntington Beach Police Department within the classification titles as outlined in Exhibit A attached hereto and incorporated herein HBPOA MOU October 1,2015 through September 30,2017 1 POLICE OFFICERS' ASSOCIATION ARTICLE III - MANAGEMENT RIGHTS The City and Chief of Police retain all rights, powers and authority to manage and direct the performance of police services and the work force, except as modified by the Memorandum of Understanding Nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours, terms and conditions of employment or be construed as granting the City or Chief of Police the right to make unilateral changes in wages, hours, terms and conditions of employment The parties agree the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of police services, staffing requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms, conditions of employment that have been established in prior agreements between City and the Association ARTICLE V - SEVERABILITY If any section, sub-section, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution or its application to other persons The City Council hereby declares that it would have adopted this MOU and each section, sub-section, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional ARTICLE VI - SALARY SCHEDULE A Salary Schedule - Employees shall be compensated at hourly salary rates by classification title and salary range during the term of this agreement as set out in Exhibit A attached hereto and incorporated herein B Adiustments to Salary — Effective at the beginning of the pay period which includes October 1, 2016, all classifications of the bargaining unit shall receive a three percent (3%) wage increase to their hourly salary rates by classification title and salary range as set out in Exhibit A HBPOA MOU October 1,2015 through September 30,2017 2 POLICE OFFICERS' ASSOCIATION C Collection of Payroll Overpayments - In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City will take action to collect from the employee the amount of overpayment(s) Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non- authorized personnel The interpretation of all pay provisions shall be administered by the City Manager or designee and as adopted by the City Council Unauthorized compensation payments shall not constitute a past practice ARTICLE VII - SPECIAL PAY A Police Professional Development Plan 1 The Professional Development Plan for sworn personnel shall be as follows a College Degree Program i Upon earning an AA Degree or attaining "Junior status" in a degree program, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation ii Upon earning a BA/BS Degree, an employee shall be paid six percent (6%) of base hourly rate of pay in addition to other compensation This pay is in lieu of pay received under sub-section (a)i above iii College degrees or College units under this program shall conform to POST standards for accreditation as noted in POST Regulation 9070 (c)(1)(A) and (B) iv The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay b POST Certificate Program i Upon verification of having earned an Intermediate POST Certificate, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation HBPOA MOU October 1,2015 through September 30,2017 3 POLICE OFFICERS' ASSOCIATION ii Upon verification of having earned an Advanced POST Certificate, an employee shall be paid six percent (6%) of base hourly rate of pay in addition to other compensation This pay is in lieu of pay received under sub-section (b)i above iii The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Peace Officer Standard Training (POST) Certificate Pay 2 Stipulations a Eligibility must be approved by the Chief of Police An employee must maintain his/her certification to remain eligible for the pay b Obtaining transcripts or other acceptable documentation is the employee's responsibility An employee may verify "Junior" status by submission of written verification that the employee has completed 60 or more accredited units and has achieved Junior status with that educational institution 3 POST Supervisory Leadership Institute Police Sergeants that have completed the POST Supervisory Leadership Institute shall receive $80 per month The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Peace Officer Standard Training (POST) Certificate Pay 4 The maximum benefit that may be paid to an employee under Section (A) (Police Professional Development Plan) is twelve percent (12%) of the base hourly rate In addition, Sergeants may be eligible for POST Supervisory Leadership Institute pay as provided in subparagraph 3, above B Flight Pay - Employees assigned to the Air Support Unit to fly in the helicopter as their primary duty assignment (i e , assigned at least 50% of their scheduled hours in a pay period) shall be paid eight percent (8%) of their base hourly rate of pay in addition to other compensation The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Flight Time Premium C Certified Flight Instructors - Employees assigned as certified flight instructors shall be paid thirteen percent (13%) of their base hourly rate of pay in addition to other compensation This pay is in lieu of Flight Pay defined in Section B above The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Flight Time Premium D Shift Differential - Detention and Communication Employees' required to work on a regular assigned shift that occurs during swing shift or graveyard shift, as defined by departmental policy through the meet and confer process, shall be paid five percent (5%) of the employee's base hourly rate of pay in addition to other compensation for HBPOA MOU October 1,2015 through September 30,2017 4 POLICE OFFICERS' ASSOCIATION all hours worked during the swing or graveyard shift The parties agree the department policy has been established by the meet and confer process The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Shift Differential E Motor Pay 1 Employees regularly assigned to motorcycle duty shall be paid as hazardous duty pay five percent (5%) of their base hourly rate of pay in addition to other compensation 2 The parties agree any time spent on maintenance and/or cleaning of motorcycles shall be on-duty unless overtime has been approved in advance The Department shall supply necessary materials needed to perform the following duties a Keeping the assigned motorcycle cleaned and waxed b Keeping the drive chain properly lubricated and adjusted, if applicable c Performing a daily check of the motorcycle fluid levels and tire pressure d Scheduling required routine services at specified mileage intervals with police motorcycle mechanics The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Motorcycle Patrol Premium F Bilingual Pay - Qualified employees who meet the criteria shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation Human Resources will have written and oral tests designed and administered to test for qualifications The qualifications will cover the more routine foreign language requirements in filling out crime reports, interviewing suspects and witnesses, and responding to the public on matters relating to an incident or other police action 1 The languages included will be Spanish, Vietnamese and American Sign Language Additional languages may be approved at the discretion of the Chief of Police 2 Authorization of qualified employees for bilingual compensation will be based on the following a A need for the employee to use the language in the City to support the implementation of police operations HBPOA MOU October 1,2015 through September 30,2017 5 POLICE OFFICERS' ASSOCIATION b At the discretion of the Chief of Police, the number of employees qualified in each category may be limited based on department needs c Successful completion of tests authorized by the Chief of Police will be required to qualify for bilingual pay for any of the languages Retesting may be done on an annual basis 3 The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium G Holidays 1 Holiday In-Lieu Pay - Employees represented by the Association and actively employed by the City, in addition to other compensation, shall be paid each biweekly payroll one twenty-sixth (1/26) of the total one hundred (100) holiday hours earned for the year 2 Holidays Worked - Employees who are required to work on a recognized City holiday shall receive Holiday Pay in addition to the Holiday In-Lieu Pay set forth above equal to fifty percent (50%) of their regular rate of pay for all time actually worked from 12 00 a m through 11 59 p m on the recognized holiday The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Holiday Pay 3 Holidays - The following are the City recognized paid holidays under this MOU a New Year's Day (January 1) b Martin Luther King's Birthday (third Monday in January) c President's Day (third Monday in February) d Memorial Day (last Monday in May) e Independence Day (July 4) f Labor Day (first Monday in September) g Veteran's Day (November 11) h Thanksgiving Day (fourth Thursday in November) i Friday after Thanksgiving j Christmas Day (December 25) H FTO Compensation - Compensation shall be one-quarter ( 25) hours pay at the base hourly rate, which may be deposited as compensatory time, for each hour worked as a Field Training Officer in addition to other compensation for the following assignments 1 Police Officers who have successfully completed a POST certified Field Training Officer Course and have been designated Field Training Officers, assigned to HBPOA MOU October 1,2015 through September 30,2017 6 POLICE OFFICERS' ASSOCIATION Traffic or Patrol Bureaus, shall be eligible for Field Training Officer compensation 2 Detention Officers designated to act as Training Officers 3 Motor Officers designated to act as Training Officers 4 Communication Employees designated as Training Officers The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Training Premium I Longevity Pay - The City shall provide all sworn employees represented by the Association, the following longevity pay in addition to other compensation as established by the Department's Sworn Personnel Seniority List 1 Five percent (5%) of the base hourly rate of pay at 10 years of qualified sworn law enforcement experience 2 Ten percent (10%) of the base hourly rate of pay at 20 years of qualified sworn law enforcement experience This pay is in lieu of the pay identified in sub- section 1 above Only sworn law enforcement experience as defined by California Penal Code Sections 830 1 and 830 2 or the out-of-state equivalent as determined by the Chief of Police shall be included as qualified sworn law enforcement experience in the calculation of longevity The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay J Effective Date of Special Pays - All special pay shall be effective the first full pay period following certification and verification as approved by the Chief of Police or designee All pays in this section are considered special pays and shall be included as part of the regular rate of pay for the purposes of calculating overtime All pays not in this section are not considered special pays and are not included in the regular rate of pay for purposes of calculating overtime, except On-Call Court Time (Article IX(B)(3)(b)) and Cancelled Subpoenas (Article IX(B)(3)(c)) which shall be calculated into the regular rate of pay at base hourly rate, but not reported to PERS as special compensation K No Pyramiding/Compounding of Special Pay - Each special pay is a percentage of that employee's base hourly rate of pay and shall not be counted towards the value of any other special pay HBPOA MOU October 1,2015 through September 30,2017 7 POLICE OFFICERS' ASSOCIATION L Nurse Pay - Employees in the classification of Detention Shift Supervisor, who possess a Nurse certification, pursuant to the Nurse classification job description, shall receive five percent (5%) of their base hourly rate, for so long as they possess the Nursing Degree or certification The parties agree, to the extent permitted by law, the compensation in this section (Nurse Pay) is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A Uniforms 1 The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees represented by the Association Such allowance shall be thirteen hundred dollars ($1,300) for sworn employees and twelve hundred dollars ($1,200) for non-sworn employees per year The Uniform Allowance for all employees shall be paid with the first paycheck in December Employees hired after January 1st shall have their uniform allowance pro-rated for each month in which they were on active duty for a least one full shift, separately from payroll checks It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police 2 PERS Reporting of Uniform Allowance - The City shall report to the California Public Employees' Retirement System (CaIPERS) the uniform allowance for each sworn and civilian classification as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5) Notwithstanding the previous sentence, for "new members" as defined by the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CaIPERS B Special Assignment Uniform Needs - Uniforms and equipment for special assignments shall continue to be provided by the City C Motorcycle Britches - Motorcycle officers shall receive four pairs of britches at the time of assignment After initial issue, replacement britches may be issued on the recommendation of the Traffic Bureau Commander with approval of the Department Head All replaced britches must be turned in when replacement britches are received HBPOA MOU October 1,2015 through September 30,2017 8 POLICE OFFICERS' ASSOCIATION ARTICLE IX - HOURS OF WORK/OVERTIME A Work Schedule 1 The work schedules agreed to by the City and the Association shall be as set forth herein unless the Association and the City mutually agree to changes All employees are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Chief of Police or designee, may require such service from any of said employees a All work schedules are designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA) b Meal times are included in all work schedules 2 4/10 Schedule - All employees not assigned a different work schedule pursuant to this article shall work a 4/10 schedule consisting of four (4) consecutive ten (10) hours days followed by three (3) consecutive days off in a seven (7) day period All employees work an eighty (80) hour work period, except for Communication Employees who work a forty (40) hour work week 3 7/11 5 Schedule — The 7/11 5" work schedule applies to designated employees of the Uniform Division and Jail a Workday — A workday for employees assigned to the 7/11 5 work schedule will consist of 11 hours and 25 minutes of work b Eighty (80) Hour Work Period — For those sworn and detention employees working 11 hours and 25 minutes a day, the work period will consist of two consecutive weeks with three (3) consecutive shifts of 11 hours and 25 minutes in one week and four (4) consecutive shifts of 11 hours and 25 minutes in the second week The total hours for these two consecutive weeks shall be considered equaling eighty (80) hours The two-week cycle then repeats itself These employees are subject to a 14 day FLSA work period in accordance with Section 7(k) of the FLSA c Forty (40) Hour Work Week Communications Center - Non-Sworn employees who are assigned to the Communications Center currently work a 4/10 work schedule Upon mutual agreement of the Police Chief and the Association, the work schedule for the Communications Center may be changed to a work schedule of 11 hours and 25 minutes a day One (1) work week shall consist of three consecutive shifts of 11 hours and 25 minutes and one (1) work week of four consecutive shifts of 11 hours and 25 minutes The two (2) week cycle then repeats itself d Exceptions — At the discretion of the Chief of Police, specialized assignments within the Uniform Division will work either the 4/10 or 7/11 5 as described HBPOA MOU October 1,2015 through September 30,2017 9 POLICE OFFICERS' ASSOCIATION above Unless agreed upon by the Association, changes to these work shifts shall only be made during recruitment of new officers into the assignments Task Force assignments outside the Police Department will be flexible based on an eighty (80) hour work period e Beach Schedule - If posted during recruitment, employees working the Beach detail shall be assigned a fixed schedule that incorporates a work week of four consecutive days comprised of two (2) 8-hour days and two (2) 12-hour days f Schedule — Employees assigned to training or a school in excess of thirty-two (32) hours in a work week will work a five (5) day, eight (8) hour work week in lieu of their regular work schedule 4 Overtime a Employees assigned to an eighty (80) hour work period shall be paid at the rate of one and one-half (1 1/) times their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or 80-hour work period Their 80 hour work period is authorized and in accordance with Section 7(k) of the FLSA b Employees assigned to a forty (40) hour work week shall be paid at the rate of one and one-half (1 %) times their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or forty (40) hour work week However, Communication Operators on the 7/11 5 work schedule must work a minimum of forty (40) hours in the work week before earning overtime Any hours worked in excess of the regularly scheduled shift that do not exceed forty (40) hours in a work week shall be paid at their regular rate of pay B Other Time 1 Compensatory Time Off - Federal law controls the use of compensatory time off Title 29 U S Code Section 207(o) allows the employer and employee representative to establish a compensatory time off bank in lieu of a cash overtime payment as required by the FLSA The parties agree an employee may elect to bank compensatory time up to a maximum one hundred sixty (160) hours The employee's right to use compensatory time off may be restricted if a request to use is not made by providing reasonable notice or the requested use is "unduly" disruptive The parties agree reasonable notice is seventy two (72) hours If compensatory time off is requested with 72 hours or more notice, its use cannot be denied unless to do so would be unduly disruptive A request to use compensatory time off made with less than the 72 hours notice can still be granted at the discretion of the manager to whom the request is made In addition to the preceding, the Chief of Police shall identify days or events on which compensatory time can be denied These days or events will be designated HBPOA MOU October 1,2015 through September 30,2017 10 POLICE OFFICERS' ASSOCIATION as "unduly disruptive days" There shall be a maximum of seven (7) unduly disruptive days per calendar year The Chief of Police shall identify these "unduly disruptive days" as early as possible and no later than 45 days prior to the designated date or event Employees who already had been granted time off with pay for the "unduly disruptive days" selected by the Chief of Police prior to the time the selection had been made shall be allowed to continue to take that time off with pay The Modified Maximum Deployment Calendar currently being used will be eliminated and shall be replaced by the designated "unduly disruptive days " The parties agree if by September 30, 2017 they have been unable to agree upon a successor MOU, the compensatory time off provisions will continue unless either party informs the other that it no longer agrees to allow the continued accrual of compensatory time off in lieu of overtime compensation If that occurs, thirty (30) days after providing such notice to the other side, all overtime worked will be paid unless and until the parties agree upon a subsequent compensatory time off provision in the MOU The parties agree that use of compensatory time off at the following times will be unduly disruptive a At any time when the request for compensatory time off request presents an officer's safety problem by going below shift minimum as presented by the City in the meet and confer process b The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not call, engage in, request or condone the use of compensatory time off for any strike, walkout, work stoppage, job action, slowdown, sick-out, blue flu, withholding of services or other interference with City operations, or honor any job action by any other employee of the City, employee organizations, or employees of any other employers by withholding or refusing to perform services In the event that the Association, its officers, agents, representatives, and/or members engage in any of the conduct prohibited herein above, the compensatory time off provision of this MOU shall sunset and thereafter overtime hours shall be compensated at the employee's overtime rate c To the extent that these provisions are inconsistent with the Settlement Agreement in HBPOA, et al v City of Huntington Beach, et al Case No CV 92-6265 CMB (Shx) said settlement agreement is superseded Provisions not so superseded shall not be affected by the agreement 2 Work Time - For the purpose of computing the 80 hour work period, the following shall be included as hours worked in determining the eligibility for overtime pay a Sick leave b Vacation time taken during the work period c Compensatory time off taken during the work period HBPOA MOU October 1,2015 through September 30,2017 11 POLICE OFFICERS' ASSOCIATION d Any other paid leave time taken during the work period 3 Subpoena Compensation a Court Appearance Time - Employees required to appear in court during other than their scheduled working hours shall be paid a minimum of three (3) hours overtime pay, provided, however, that if such time overlaps with the employee's scheduled working hours, said rate shall be limited to those hours occurring prior to or after the employee's scheduled work time The City shall recognize administrative subpoenas the same as criminal and civil, including subpoenaed hearings conducted by telephone Telephone Business under subpoena is differentiated from Telephonic Work as described in Section 6 below b On-Call Court Time - Employees required to be on-call for a court appearance during other than their scheduled working hours shall be paid a minimum of three (3) hours pay at their regular rate of pay for each morning and afternoon court session provided, however, that if such time overlaps with the employee's scheduled working hours, said rate shall be limited to those hours occurring prior to or after the employee's scheduled work time On-Call Court Time shall not be considered hours worked for the purpose of calculating overtime Employees shall not be paid On-Call Court Time if Court Appearance Time is paid c Cancelled Subpoenas - Employee shall be paid two (2) hours of pay at their regular rate of pay for subpoenas cancelled with less than twenty-four (24) hours notice d Retiree - In accordance with department policy, if the City accepts a subpoena on behalf of a current employee who then retires or a retiree, a stipend will be provided for court appearance time The stipend will be based on the present Step E of the base hourly rate of pay of the position the retiree held before retirement from City service Paid court preparation time and travel expenses shall be mutually agreed upon between the City and the retiree 4 Standby Pay - An employee who is placed on standby status by a supervisor shall be paid four (4) hours pay at their base hourly rate of pay for each 24 (twenty-four) hour period, or any part thereof, of standby status 5 Call Back - Employees who are called back to work will be paid a minimum of two (2) hours pay at the overtime rate, upon arrival at the department or the incident scene until released Should the called back employee be cancelled prior to arrival, the two (2) hour minimum shall be paid HBPOA MOU October 1,2015 through September 30,2017 12 POLICE OFFICERS' ASSOCIATION 6 Telephonic Business - Off-duty employees shall be compensated a minimum of fifteen (15) minutes as hours worked when telephoned to conduct departmental business Telephonic departmental business beyond fifteen (15) minutes shall be compensated in fifteen (15) minute increments (i e , 16-30 minutes = 30 minutes of compensation, 31-45 minutes = 45 minutes compensation and so forth) Telephonic business is not considered Call Back Time as outlined in Article IX B 5 7 Canine Compensation - Employees assigned to canine duty shall be paid for the off-duty care, feeding and grooming of their canine and the routine, off-duty canine-related maintenance of their canine car The City and the Association have considered the time that canine officers typically spend on off-duty canine care, and determined it to be fifteen (15) hours per month Employees assigned to canine duty shall be paid fifteen (15) hours per month of overtime rate of pay based on the canine care salary rate The canine care salary rate shall be two-thirds (2/3) of the Canine Officer's base pay rate, excluding any specialty or similar pays In negotiating this MOU, the City requested that the Association conduct an actual inquiry of the hours which employees assigned to Canine duties perform each month to ensure compliance with the FLSA and in particular the case of Leever v City of Carson City (9th Cir 2004) The Association advised the City that the inquiry revealed that the hours to which the parties have agreed — (fifteen hours per month) accurately describes the time such employees are performing such duties each month In addition to the fifteen (15) hours of pay per month described in the preceding paragraph, canine officers shall be paid for off-duty veterinary visits and extraordinary off-duty care, provided that, absent an emergency, the Officers shall obtain supervisor approval for such care and shall submit payroll exemption slips Any such additional canine compensation shall be paid at their overtime rate as defined in Article IX A 4 The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Canine Officer/Animal Premium 8 Shift Tradinq The parties agree the provisions below are compliant with the Fair Labor Standards Act Unit members have the right to trade shifts with their colleagues within the same classification subject to the following conditions a Both employees agree to the shift trade voluntarily b The employees trading the shifts shall complete an appropriate shift trade form signed by both employees and presented to a supervisor for approval prior to the first affected shift Supervisors will not unreasonably deny a trade HBPOA MOU October 1,2015 through September 30,2017 13 POLICE OFFICERS' ASSOCIATION c The employee whose shift is worked gets credit for the shift Thus, the employee whose shift was worked will record the time as time worked on his or her time sheet Payback of the traded shift will be the responsibility of the two employees who trade shifts and will not be monitored by the City However, the parties agree shift trades will be accomplished by the employees who trade within six (6) months of the first shift traded If an employee leaves the City having not paid back a shift, it shall be the responsibility of the two employees to work out any pay back ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS A Retiree Medical Trust 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 Effective on the first day of the pay period following City Council approval of this MOU, the City shall contribute $100 00 to the Trust per month for each represented employee Equal contributions shall be made on the first two pay periods of each month This contribution shall sunset on the adoption of a successor MOU or following expiration of the MOU once impasse is declared in successor negotiations (whichever is earlier) by either party At such time, the City will no longer have the obligation to make this $100 00 contribution to the Trust 2 The City shall withhold $100 00 per month for each represented employee to participate in the program The withholding could change and if it does, it shall be in an amount as designated in writing by the HBPOA Deductions shall be taken on the first two checks of each month 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) 3 HBPOA shall pay all associated expenses incurred to participate in this program 4 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, HBPOA MOU October 1,2015 through September 30,2017 14 POLICE OFFICERS' ASSOCIATION c A copy of the current program document as well as any changes, amendments or written confirmation that there have been no changes to the 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 5 City shall pay the withheld funds to the PORAC Retiree Medical Trust bi-weekly 6 All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed 7 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 B Health The City shall continue to make available group medical, dental and vision benefits to all Association employees and qualified dependents The effective date for medical, dental and vision coverage is the first of the month following date of hire Effective the first of the month following the employee's date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates, unless otherwise precluded by CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA) All employee contributions shall be deducted on a pre-tax basis 1 CalPERS Public Employees' Medical and Hospital Care Act The City presently contracts with CalPERS to provide medical coverage The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums A retiree's right to receive a City contribution, and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the required statutory minimum payment a PEMHCA Employer Contributions The City shall contribute on behalf of each employee, the required statutory minimum payment per month for the payment of premiums for medical insurance under the PEMHCA program As the statutory minimum is HBPOA MOU October 1,2015 through September 30,2017 15 POLICE OFFICERS' ASSOCIATION increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub-section b Maximum Employer Contributions toward Flex Benefits The City's maximum monthly employer contribution for each employee's medical and vision insurance premiums are set forth as follows i Employee only ("EE") — The cost of the premium up to a maximum of $634 00 Effective the beginning of the pay period following City Council final approval of this MOU, the amount is increased to $699 00 ii Employee + one dependent ("EE" + 1) — The cost of the premium up to a maximum of $1,186 00 Effective the beginning of the pay period following City Council final approval of this MOU, the amount is increased to $1,399 00 III Employee + two or more dependents ("EE" + 2) — The cost of the premium up to a maximum $1,507 00 Effective the beginning of the pay period following City Council final approval of this MOU, the amount is increased to $1,789 00 iv The City shall also pay up to $22 76 per month for each employee for the VSP Vision Plan The parties agree the required PEMHCA statutory minimum contribution is included in this sum stated in the sub-section above if the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions 2 Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000 (two thousand dollars) The maximum monthly City contribution for dental insurance shall be as follows 1) employee only ("EE") - $57 86, 2) employee plus one dependent ("EE+1") - $108 02 or 3) employee plus two or more dependents ("EE+2") - $142 36 3 Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to retirees (annuitants) While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program HBPOA MOU October 1,2015 through September 30,2017 16 POLICE OFFICERS' ASSOCIATION a City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City contracted for and uses the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant The starting year for the unequal contributions method was 2004 at $1 00 per month The City's contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant) The City shall make these payments only while the City is a participant in the PEMHCA program b Termination of Participation in the CalPERS PEMHCA program — Impact to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that FEMHCA agencies extend this benefit to retirees (annuitants) If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No 2001-28 Exhibit C to the MOU shall be reinstated The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan c Termination Clause The City and Association may each request termination of the City's contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer's contribution, insurance premiums or program changes to the CalPERS medical plan The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City 4 MedicalNision Opt-Out Employees covered by group health insurance outside of a City-provided program (evidence of which must be supplied to the Human Resources Department), may elect to discontinue City medical coverage and either direct the cash value of the City's Contribution Cap for employee only ("EF) medical coverage as described in Article X B 1 (b) be deposited into their Deferred Compensation account, or any other pre-tax program offered or approved by the HBPOA MOU October 1,2015 through September 30,2017 17 POLICE OFFICERS' ASSOCIATION City, or the employee may elect to receive this amount as a taxable cash medical-opt out benefit In order to be eligible for the opt-out payment the employee must be enrolled in a plan which ensures that the City is complying with the Affordable Care Act (ACA) and will not incur penalties under the ACA An employee may also elect to discontinue vision coverage The employer-paid portion of the premium paid for vision coverage will be applied toward the medical premium 5 Section 125 Employee Plan The City shall provide an Internal Revenue Code section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses as determined by the Internal Revenue Code 6 Life Insurance The City will provide $50,000 term life insurance and $50,000 accidental death and dismemberment insurance without evidence of insurability other than evidence of working full time Additional life insurance may be purchased consistent with the plan limitations, at the employee's cost, with evidence of insurability 7 Income Protection Plan The City authorizes the HBPOA to administer its own Long Term Disability (LTD) Program providing the following conditions are adhered to a The City and HBPOA agree that the City shall no longer provide a City sponsored LTD Program b HBPOA shall contract with an authorized provider for a LTD program for the employees represented by the HBPOA c The City shall pay to HBPOA for the cost of LTD premiums not to exceed thirty-eight dollars ($38) per month per occupied covered position represented by HBPOA d Non-dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees e City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll f HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program HBPOA MOU October 1,2015 through September 30,2017 18 POLICE OFFICERS' ASSOCIATION g The City shall provide the HBPOA with a monthly report of covered employees h No self-funding/self-insurance of LTD benefits is permitted under this agreement i Upon request, the HBPOA shall provide an annual certification of the Plan on each anniversary the Plan is in effect which will include 1) A copy of the most current audited financial statements, 2) A copy of the latest actuarial report, which should be completed by an independent "Fellow of the Society of Actuaries", 3) A copy of the in-force LTD Program, 4) A statement certifying that premiums collected are for LTD benefits for HBPOA represented employees only, 5) A copy of the current plan document as well as any changes or amendments, or written confirmation that there have been no changes as LTD provider, 6) A copy of the "Summary Annual Report" and, upon request, a copy of the latest filed Form 5500, 7) A listing of active HBPOA claimants with all relevant data as requested by City (i e , date of disability, etc ) including the allocated reserves for each claimant, 8) Verification of the premium received and credited by the HBPOA 9) A statement certifying that the submitted premiums are only being utilized to provide LTD benefits for participating members including members of the HBPOA, and 10) A written confirmation from the plan administrator confirming (i) that it is authorized to do business in California, (ii) that it is properly licensed, (iii) that it maintains current "Errors and Omissions" insurance, and (iv) that it is bonded j All Federal and State laws regarding LTD benefit coverage shall be followed k 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, HBPOA MOU October 1,2015 through September 30,2017 19 POLICE OFFICERS' ASSOCIATION interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance program 8 Long Term Care a The City authorizes the HBPOA to administer its own Long Term Care (LTC) Program providing the following conditions are adhered to b HBPOA shall contract with an authorized provider for LTC program for the employees represented by the HBPOA c The City shall pay to HBPOA for the cost of LTC premiums not to exceed twenty-five ($25) per month per occupied covered position represented by HBPOA d Non-dues paying represented employees shall be covered by the LTC Program at the same premium rate as dues paying represented employees e City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll f HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program g The City shall provide the HBPOA with a monthly report of covered employees h No self-funding/self-insurance of LTC benefits is permitted under this agreement i Upon request, the HBPOA shall provide any reasonable documentation to the City as similarly described in the LTD Program j All federal and State laws regarding LTC benefit coverage shall be followed k 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 HBPOA sponsored and administered LTC Program HBPOA MOU October 1,2015 through September 30,2017 20 POLICE OFFICERS' ASSOCIATION ARTICLE XI — RETIREMENT A "Classic Member" Safety Employee Retirement Benefits 1 3% (a) Age 50 Plan - The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362 2 for all safety employees defined as "classic members" per the Public Employees' Pension Reform Act of 2013 (PEPRA) represented by the Association 2 1959 Survivors' Benefit Level IV (California Government Code Section 21574) - Members of the City's safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit 3 Pre-retirement Optional 2 Death Benefit (California Government Code Section 21548 — Safety Employees) 4 One-Year Final Compensation (California Government Code Section 20042) 5 "Classic Member" Safety CaIPERS Member Contribution - a All "classic members" shall pay their CaIPERS member contribution of nine percent (9%) of pensionable income b The City has adopted the CaIPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis However, ultimately, the tax status of any benefit is determined by the law B "Classic Member" Miscellaneous Employee Retirement Benefits 1 2 5 % (aD Age 55 Plan (California Government Code Section 21354 4) - Members of the City's miscellaneous retirement plan with the California Public Employees' Retirement System (CaIPERS) shall receive the 2 5% at age 55 CaIPERS retirement plan 2 1959 Survivors' Benefit Level IV (California Government Code Section 21574) - Members of the City's miscellaneous retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit 3 Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) - Members of the City's miscellaneous retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit 4 One-Year Final Compensation (California Government Code Section 20042) HBPOA MOU October 1,2015 through September 30,2017 21 POLICE OFFICERS' ASSOCIATION 5 Classic Miscellaneous CalPERS Member Contribution - a All "classic members" shall pay their CalPERS member contribution of eight percent (8%) of pensionable income b The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis However, ultimately, the tax status of any benefit is determined by the law C Retirement Benefits for Safety and Miscellaneous Employees - Self-Funded Supplemental Retirement Benefit — In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member's death, the City's obligation shall cease The method of funding this benefit shall be at the sole discretion of the City All unit employees hired after July 6, 1998 shall not be eligible for this benefit D CalPERS "New Member" Retirement Benefits For "New Members" within the meaning of the California Public Employees' Pension Reform Act (PEPRA) of 2013 as defined in California Government Code Section 7522 04(f) Employees (both sworn and miscellaneous) shall pay one half of the normal cost rate, as established by CaIPERS, as required by California Government Code Section 7522 30(c) E "New Member" Safety Retirement Benefits 1 CalPERS "New Member" Safety Retirement Formula 2 7% (aD Age 57 Plan - The City shall provide the 2 7% @ Age 57 retirement formula set forth in California Government Code Section 7522 25(d) for all safety employees defined as "new members" per the Public Employees' Pension Reform Act of 2013 (PEPRA) represented by the Association 2 1959 Survivors' Benefit Level IV (California Government Code Section 21574) — Members of the City's safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit 3 Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) these members of the City's safety retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit HBPOA MOU October 1,2015 through September 30,2017 22 POLICE OFFICERS' ASSOCIATION 4 Final Compensation - Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member, as required by California Government Code Section 7522 32(a) F "New Member" Miscellaneous Retirement Benefits 1 CalPERS "New Member" Miscellaneous Retirement Formula 2% Ca- Age 62 Plan -The City shall provide the 2% @ Age 62 retirement formula set forth in California Government Code Section 7522 20(a) for all non-safety employees defined as "new members" per the Public Employees' Pension Reform Act of 2013 (PEPRA) represented by the Association 2 1959 Survivors' Benefit Level IV (California Government Code Section 21574) — Members of the City's miscellaneous retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit 3 Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) these members of the City's miscellaneous retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit 4 Final Compensation - Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member, as required by California Government Code Section 7522 32(a) ARTICLE XII - LEAVE BENEFITS A Vacation 1 Anniversary Date - For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he/she commenced full-time City employment 2 Annual Vacation - The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed All employees shall be entitled to annual vacation with pay except the following a Employees who have not completed six (6) months of continuous service with the City b Employees who work less than full-time who are not permanent HBPOA MOU October 1,2015 through September 30,2017 23 POLICE OFFICERS' ASSOCIATION c Employees on leave of absence 3 Vacation Accrual - Employees in the City's service, having an average work week of forty (40) hours, shall accrue annual vacation with pay in accordance with the following a For the first (1st) through the fourth (4th) year of continuous service, vacation time will be accrued at the rate of one hundred twelve (112) hours per year (4 31 biweekly) b For the fifth year (5th) and through the ninth (9th) year of continuous service, vacation time will be accrued at the rate of one hundred thirty six (136) hours per year (5 23 biweekly) c For the tenth (10th) year and through the fourteenth (14th) year of continuous service, vacation time will be accrued at the rate of one hundred sixty (160) hours per year (6 15 biweekly) d For the fifteenth (15th) year and thereafter of continuous service, vacation time will be accrued at the rate of one hundred ninety two (192) hours per year (7 38 biweekly) 4 Vacation a No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of four hundred (400) hours Vacations shall be taken only with permission of the Chief of Police, however, the Chief of Police shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department b Vacation accumulated in excess of the four hundred (400) hour cap shall be paid at the base hourly rate of pay on the first pay day following such accumulation 5 Vacation Pay at Separation For Employees Exempt From the Retirement Medical Trust — These employees shall be paid for unused vacation upon separation of employment at which time they shall be paid compensation at their current regular rate of pay for all unused, earned vacation to which they are entitled through their last day of employment 6 Vacation Conversion to Cash - An employee may elect to take up to eighty (80) hours of pay at their current regular rate of pay per calendar year for accrued vacation in lieu of time off It is the intent of the parties that employees will take vacation during the current year 7 Deferred Compensation/Vacation Cash Out - The value of any unused earned vacation may be transferred to deferred compensation at the regular rate of pay HBPOA MOU October 1,2015 through September 30,2017 24 POLICE OFFICERS' ASSOCIATION in connection with separation from employment, but only during the time the employee is actively employed with the City The employee must request the transfer no later than the pay period prior to the employee's last day of employment Any unused earned vacation remaining upon separation will be transferred to the qualified medical retirement trust program on a pre-tax basis B Sick Leave Compensation 1 All employees shall be entitled to use a maximum of sixty (60) calendar days paid sick leave per incident or illness This leave shall not accumulate beyond the one year maximum and there shall be no pay off rights to unused leave upon separation of employment from the City 2 Police Sergeants Sick Leave Pay Off a Police Sergeants promoted before December 23, 2000, shall be entitled to the following sick leave payoff plan At separation from employment, all employees shall be paid, at their regular rate of pay, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720 hours) No Police Sergeant shall be paid at separation for more than seven hundred twenty (720) hours of unused, accumulated sick leave C Bereavement Leave - Employees shall be entitled to bereavement leave not to exceed three (3) working days in each instance of death in the immediate family Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in- law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian D Leave Benefits Entitlement—As employees do not accrue sick leave, all employees will be allowed to use up to (sixty) 60 hours per calendar year for family sick leave to care for a child, parent, spouse, registered domestic partner grandchild, grandparent, sibling or step-parent The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA) Time off for a work related injury shall not run concurrently with FMLA or CFRA leave for sworn and detention employees HBPOA MOU October 1,2015 through September 30,2017 25 POLICE OFFICERS' ASSOCIATION The City shall comply with all State and Federal leave benefit entitlements laws An employee on an approved leave shall be allowed to use paid Sick Leave and earned Vacation, and/or Compensatory Time for the duration of the approved leave E Catastrophic Leave Donation Program - Under certain conditions, employees may donate leave time to another employee in need The program is outlined in Exhibit F F Nurse Employees Certification - The City shall allow licensed nurse employees time off with pay to attend required courses necessary to maintain certification requirements G Cash Out of Compensatory Time Off - Twice each year, employees may, at their option, be paid for their compensatory time off Payment when requested under this section shall be at the employee's regular rate of pay in effect at the time the request is made H Association Business - An allowance of one thousand forty (1040) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent members of the Association in their employment relations Such allowance may be utilized only by those persons authorized by the Board of Directors of the Association and such utilization shall be subject to the rules indicated in Exhibit B Up to two hundred (200) hours per year of unused hours may be carried over to the subsequent year. ARTICLE XIII - CITY PERSONNEL RULES All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated into the City's Personnel Rules as applicable All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel Rules, the Personnel Rules as modified will apply to Association members ARTICLE XIV — MISCELLANEOUS A Tuition Reimbursement - Education costs shall be paid to non-sworn employees on the basis of full refund for tuition fees, books and supplies-provided, however, that maximum reimbursement shall be at the rates currently in effect in the University of California system Upon approval of the Department Head and the Human Resources Director, employees may be compensated for actual cost of tuition, books, and fees at accredited educational institutions that charge higher rates than the University of California, if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee HBPOA MOU October 1,2015 through September 30,2017 26 POLICE OFFICERS' ASSOCIATION Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and Human Resources Director Reimbursements shall be made when employees present proof to the Human Resources Director that they have paid such costs and successfully completed the course(s) with either a "C" grade or better, or a "Pass" grade in a pass/fail grading system B Meal Allowance 1 Per Diem - Employees shall be entitled to per diem under the following circumstances a Personnel with prior knowledge and approval of their supervisor, and on work assignments, or attending; meetings or training in excess of a twenty-five (25) mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal work hours or require lodging b Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule c Meal expenses other than listed in "a" or "b" may be considered for reimbursement (receipt required) at the discretion of the Division Commander d Receipts are not required, other than as noted above 2 Per Diem Schedule - Forty-five dollars ($45) per twenty-four (24) hour period or prorated as follows, Breakfast — Ten dollars ($10 00), Lunch — Fifteen dollars ($15 00), Dinner—Twenty dollars ($20 00) C Mileage Allowance - The City shall reimburse employees for the use of personal automobiles at the existing IRS reimbursable rate D Weapon Vesting - Unit employees' assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, he/she shall be fully vested with ownership Employees are responsible for paying the gun transfer fee when the weapon is transferred to them E Controlled Substance and Alcohol Testing - The City maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy HBPOA MOU October 1,2015 through September 30,2017 27 POLICE OFFICERS' ASSOCIATION F Take Home Vehicles/Distance to Work - Employees who take work vehicles home under this provision must reside within thirty-five (35) miles of the City limits Those employees assigned a motorcycle who reside beyond thirty-five (35) miles of the City limits at the time of ratification of this Agreement may drive their motorcycle to and from their residence to their place of work if such travel does not exceed three hundred and fifty (350) miles per week The following unit classifications shall be allowed to take a City vehicle home under this provision Employees assigned to the Executive Division, Administrative Division, Investigation Division and specific assignments in the Uniform Division that require a vehicle assignment as part of their duties (i e , Canine, Motorcycle, Accident Reconstruction, Special Enforcement Bureau) Employees who take a City vehicle home are expected to be reasonably available to respond to work-related activities, however, there is no restriction of the employee's off-duty activities implied or intended by this expectation G Administrative Appeal Procedure - In compliance with the Government Code, the Administrative Appeal Procedure for all public safety officers is referenced in Exhibit D of this MOU H Direct Deposit - All employees hired after April 1, 2006 shall be required to enroll in and maintain participation in the City's direct deposit pay system I Meet and Confer - During the term of this Agreement, the City retains the right to meet and confer on any specific issue related to payroll implementation and/or compliance with the Fair Labor Standards Act (FLSA) J Physical Fitness Program - Any physical fitness time earned under prior HBPD Policy Manual Section 208 9 can still be used, but can be denied if it will require the Department to backfill the employee requesting to use the time HBPOA MOU October 1,2015 through September 30,2017 28 POLICE OFFICERS' ASSOCIATION ARTICLE XV — SUCCESSOR NEGOTIATIONS The parties agree to commence labor negotiations for a successor MOU no later than March 15, 2017 At that meeting, the parties shall discuss ground rules and meeting dates On or before April 15, 2017 the parties agree to mutually exchange comprehensive proposals IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this —(� day of June 2016 HUNTINGTON BEACH CITY F UNTINGTON BEACH POLICE OFFICERS' ASSOCIATION By By \�o F y Wilson aid Humphreys Manager POA President By By Robert Handy Corwin Bales Chiqj of Police POA Member B M^� B Y Y Peter J B n asha Nikitin e o POA Member "Nk� By BY 40A� en Dom Dennis Hashin Assista it Ma POA Member By By chele Warren J17AVe s uman Resources Director Pmber By 1 By Russell Reinhart Robert Wexler Police Captain Chief Negotiator (\.Ou" "' ',- By, Ann Diaz nncipal Human Resources Analyst APPROVE TO FORM By out ichael E Gates City Attorney HBPOA MOU October 1,2015 through September 30, 2017 29 E s POLICE OFFICERS' ASSOCIATION ARTICLE XV—SUCCESSOR NEGOTIATIONS The parties agree to commence labor negotiations for a successor MOU no later than March 15, 2017 At that meeting, the parties shall discuss ground rules and meeting dates On or before April 15, 2017 the parties agree to mutually exchange comprehensive proposals IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this day of June 2016 HUNTINGTON BEACH CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION By BY Fred A Wilson David Humphreys City Manager POA President By BY Robert Handy Corwin Bales Chief of Police POA Member By BY Peter J Brown Yasha Nikitin Chief Negotiator POA Member By BY Ken Domer Dennis Hashin Assistant City Manager POA Member By. BY Michele Warren Je uss Human Resources Director OA b By By Russell Reinhart Robert Police Captain Chief Ne tiator By, JoAnn Diaz Principal Human Resources Analyst APPROVED AS TO FORM COVNTERpARTBy Michael E Gates City Attorney HBPOA MOU October 1,2015 through September 30,2017 29 POLICE OFFICERS' ASSOCIATION EXHIBIT A— SALARY SCHEDULE Effective September 27, 2014 48 :-Non-Sworn r.,.•• ' K "�«a'�a«fIec -h-..<?- ��"b'^YY.M1.. ` �"�i° �r^"~ •A �`,•Y"�'�.."7... ,. -�'i�'Fr ��, Effective Septe,amber-27 '2014' '��-5`�'"�4<�",� Job No Job Description Pay Grade A B C D E 280 Communications Operator- PD POA280 2877 3036 3203 3380 3566 281 Communications Supervisor-PD POA281 3293 3474 3666 3868 4081 221 Detention Officer POA221 2864 3021 3187 3363 3549 220 Detention Officer, Nurse POA220 3011 3176 3350 3535 3729 222 Detention Shift Supervisor POA222 3277 34 57 36 48 38 49 4061 225 Police Recruit POA225 2490 2627 2772 2924 3085 r1 �t ±q _- _`._TK- `Fs"^i._e 3R_ fEffectiveSeptember527;x2014T *" t» =� ? "f r��- -'Job of ' 5" Job DME " Pay Grader _ 6 C D E a z R .. 223 Police Officer POA223 3620 3819 4029 4250 4484 159 Police Sergeant POA159 4646 4901 5170 5456 5755 HBPOA MOU October 1,2015 through September30,2017 30 POLICE OFFICERS' ASSOCIATION EXHIBIT A— SALARY SCHEDULE Effective September 24, 2016 Ax�rc�� Non-Sworn �^ h -3.0%Increase Effective September 24, 201fi, - - 'i�llllllu�°i�6�'ti ; ', Job No Job Description Pay Grade l A B'l;I111, 11q b,',111,111'C'•;4 Ili il'Ii1,D,',Illil�;ilull En �E 280 Communications Operator- PD POA280 2963 3127 3299 3481 3673 281 Communications Supervisor-PD POA281 3392 3578 3776 3984 4203 221 Detention Officer POA221 2950 3112 3283 3464 3655 220 Detention Officer, Nurse POA220 3101 3271 3451 3641 3841 222 Detention Shift Supervisor POA222 3375 3561 3757 3964 4183 225 Police Recruit POA225 2565 2706 2855 3012 3178 I Sworn 3.0%Increase Effective September 24, 2016 Job Description-_ -Pay Grade A B C 223 Police Officer POA223 37 29 39 34 4150 43 78 46 19 159 Police Sergeant POA159 47 85 1 50 48 53 25 56 20 59 28 HBPOA MOU October 1,2015 through September 30,2017 31 POLICE OFFICERS' ASSOCIATION EXHIBIT B — ASSOCIATION BANK TIME GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME A Any substantial!- time used for the Huntington Beach Police Officers' Association business while the member is using that time, is on a working status and this time will be deducted from the Association Bank, as per the Memorandum of Understanding B Any Association member desiring to use Association time, while on duty, shall obtain permission from their Immediate supervisor, then from the President of the Association An Association member shall, on all but emergency situations, give adequate advance notice to his/her supervisor when requesting time off for Association business If the employee's absence is less than one hour, use of Association bank time is not required If the employee is away from work in excess of one hour, an Association book-time slip for all time away from work is required In the event that the President of the Association is not available to grant permission, the Vice-President will then have the responsibility to make the appropriate decision If the Association member's immediate supervisor will not grant the person who is requesting time off for Association business, then the President shall be immediately notified by the member If the business is of such a nature that it must be conducted by that particular Association member, then the President will take the matter to the Division level and every effort will be made to resolve the issue C Any member using Association time, while on duty, will submit an Association Bank Time Form and an overtime request form to the President The member must write on top of the overtime form "ASSOCIATION BANK TIME OFF" and the payroll exception form will be signed by the supervisor and the President of the Police Officers' Association or his representative The communique will have the exact time and date that was used for the Association business, the location where the business was conducted D Those Association members that may use the Association Bank are 1 President of the Huntington Beach Police Officers' Association 2 Board of Directors of the Huntington Beach Police Officers' Association 1 Substantial time, being defined as that time in excess of one hour and where the Association member is not available for duty until the Association business is concluded HBPOA MOU October 1,2015 through September 30,2017 32 POLICE OFFICERS' ASSOCIATION EXHIBIT B —ASSOCIATION BANK TIME 3 Members assigned to committees designated by the President or the Board of Directors 4 PORAC Representative 5 Any other Association member designated E All memorandums and payroll exemption forms will be forwarded to payroll and the copies will be sent to the Secretary of the Association for accounting purposes HBPOA MOU October 1,2015 through September 30,2017 33 POLICE OFFICERS' ASSOCIATION EXHIBIT C — SERVICE CREDIT SUBSIDY SERVICE CREDIT SUBSIDY PLAN An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy as provided below if the employee incurs expenses for medical premiums or purchases medical insurance to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance If two retired employees are married or registered domestic partners and both were covered by this MOU at the time of retirement,, each would receive a reimbursement equal to the amount of his or her monthly Service Credit Subsidy even if only one purchased the medical plan and the other was named as a dependent, irrespective of who was the purchaser of the medical plan If a retired member has a spouse or registered domestic partner who has retired from another bargaining unit, that spouse or registered domestic partner is not precluded from receiving the subsidy if at the time of his/her retirement the MOU governing that individual authorized the subsidy The City shall continue to treat this Subsidy as a non-taxable reimbursement unless otherwise required by the Internal Revenue Service Plan Participation Requirements 1 At the time of retirement, the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement, and 2 At the time of retirement, the employee is employed by the City, and i 3 Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System (CaIPERS) The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following a On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay Service Credit Subsidy may be adjusted downward or eliminated b In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death 4 Minimum Eligibility for Benefits — With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has HBPOA MOU October 1,2015 through September 30,2017 34 POLICE OFFICERS' ASSOCIATION EXHIBIT C — SERVICE CREDIT SUBSIDY completed ten (10) years of continuous regular (permanent) service with the City of Huntington Beach Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel Rules To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits 5 Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121 00 Payments shall be in accordance with the stipulations and conditions, which exist for all retirees 6 Service Credit Subsidy — Payment shall not exceed dollar amount which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance 7 Maximum Monthly Service Credit Subsidy Payments - All retirees, including those retired as a result of disability, whose number of years of service prior to retirement exceeds ten (10) continuous years of regular (permanent) service shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows Maximum Service Credit Subsidy Retirements After Service Credit Years of Service Subsidy 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 HBPOA MOU October 1,2015 through September 30,2017 35 POLICE OFFICERS' ASSOCIATION EXHIBIT C — SERVICE CREDIT SUBSIDY 8 Medicare a All persons are eligible for Medicare coverage at age 65 Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare In all cases, the participant pays for Part B of Medicare b When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less c When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only 9 Cancellation a For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply i Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age 65 ii At age 65 retirees are eligible to make application for Medicare Upon being considered "eligible to make application," whether or not application has been made for Medicare, the Service Credit Subsidy Plan will be eliminated HBPOA MOU October 1,2015 through September 30,2017 36 POLICE OFFICERS' ASSOCIATION EXHIBIT D — ADMINISTRATIVE APPEAL PROCEDURE ADMINISTRATIVE APPEAL PROCEDURE 1 Authority a Rule 20 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay Rule 20 applies to all City employees b Government Code Section 3304(b) allows that an appeal procedure be made available to all "public safety officers" (as defined at Government Code § 3301) for the following "punitive actions as defined in Government Code section 3303 " (i) written reprimands, and (ii) transfer for purposes of punishment with no loss of pay Such actions will be collectively referred to as an "Action " Case law allows such an appeal procedure to be more limited than afforded under Rule 20 c This provision is intended to establish the Administrative Arbitration Panel to hear appeals from public safety officers This provision only applies to an "Action" as defined above in "b " (Government Code § 3304(b)) 2 Administrative Arbitration Panel a Appeals will be heard by a neutral fact finding group of three City employees b Only active full-time employees of the City of Huntington Beach Police Department may serve on the Administrative Arbitration Panel The Panel is comprised of one employee selected by the POA, one employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two panel members If no agreement can be reached, the "strike-out" process will be used to select the third Panel member, with the POA and the Chief each submitting four names for consideration A coin toss will determine the party striking first with the POA reserving the right to call the coin or defer c The panel member selected by the Chief of Police, the POA, and the panel member selected by the Chief of Police and the POA shall each select one alternate to the panel to serve in place of a panel member in case of conflicts of interest d A panel member will serve one year If the panel member selected to serve on an Administrative Arbitration Panel has direct involvement in the punitive action or is a party to the issue, he or she will be replaced by the alternate 3 Appeal Notice a An appealing officer has five (5) calendar days from date of receipt of an "Action" to file a written appeal with the Chief of Police, otherwise, the "Action" shall stand as issued with no further rights to appeal b If an officer chooses not to appeal an "Action," they may submit a written rebuttal within thirty (30) days from date of receiving the "Action " The written rebuttal will be filed with the "Action" in the officer's official personnel file HBPOA MOU October 1,2015 through September 30,2017 37 POLICE OFFICERS' ASSOCIATION EXHIBIT D — ADMINISTRATIVE APPEAL PROCEDURE 4 Scheduling of Hearing Upon receipt of the written appeal notice, the Chief of Police is required to immediately request the Administrative Arbitration Panel to convene for a hearing The Administrative Arbitration Panel is required to convene within thirty (30) days of receiving notice from the Chief of Police 5 Hearing Procedure a All hearings shall be closed to the public unless the disciplined officer requests a public hearing b All hearings shall be tape-recorded c The Administrative Arbitration Panel shall hear testimony from the appealing officer and the Department (specifically, the officer who investigated the conduct that led to the Written Reprimand) Testimony shall not exceed one hour from each side and an additional fifteen (15) minutes shall be given to each for rebuttal The Department shall be heard first d If an appealing officer wishes to submit a written argument in lieu of oral testimony, they may do so provided that they notify the opposing party The written testimony may not exceed one thousand five hundred (1,500) words The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3) days in advance of the scheduled hearing e There is no right to sworn testimony, subpoenas, cross-examination or representation by third parties, including attorneys, at the hearing f In all "Actions" involving punitive discipline, the burden of proof shall be on the Department to show by a preponderance of the evidence that just cause exists for imposing discipline In all non-punitive "Actions" (e g , a non-punitive transfer that results in a loss of pay), the burden of proof shall be on the Department to show by a preponderance of the evidence that reasonable grounds exist for the transfer 6 Rendering of Decision by the Administrative Arbitration Panel a At the conclusion of the hearing, the Administrative Arbitration Panel shall deliberate in closed session b The decision of the Administrative Arbitration Panel is binding with no further rights to appeal c The decision of the Administrative Arbitration Panel must be issued in writing to the appealing officer within seven (7) calendar days from the conclusion of the hearing d The member of the Administrative Arbitration Panel who was selected by the POA and the Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties HBPOA MOU October 1,2015 through September 30,2017 38 f POLICE OFFICERS' ASSOCIATION EXHIBIT D — ADMINISTRATIVE APPEAL PROCEDURE e The decision shall include the following ➢ Sustained ("Action" stands) ➢ Not Sustained ("Action" does not stand) ➢ Other Recommendation(s) to the Chief of Police f In the event an officer's "Action" is Sustained, they may, within five (5) calendar days from the date of the Administrative Arbitration Panel's decision, file a written rebuttal The written rebuttal will be filed with the "Action" in the employee's official personnel file, along with the tape recording of the hearing HBPOA MOU October 1,2015 through September 30,2017 39 POLICE OFFICERS' ASSOCIATION EXHIBIT E —VOLUNTARY CATASTROPHIC LEAVE DONATION Guidelines 1 Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either return to work, long- term disability, or medical retirement Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member The leave-sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave 2 Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury which incapacitates the employee or an employee's family member Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner) 3 Eligible Leave Accrued compensatory time off, vacation or general leave hours may be donated The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours 4 Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients Compensatory time off accrued may also be donated An eligible recipient is an employee who • Accrues vacation or general leave, • Is not receiving disability benefits or Workers' Compensation payments, and • Requests donated leave 5 Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave Donations will be HBPOA MOU October 1,2015 through September 30,2017 40 POLICE OFFICERS' ASSOCIATION EXHIBIT E —VOLUNTARY CATASTROPHIC LEAVE DONATION voluntary, confidential and irrevocable Hours donated will be converted into a dollar amount based on the hourly wage of the donor The dollar amount will then be converted into accrued hours based on the recipient's hourly wage An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval The Department Director will forward the form to Human Resources for processing Human Resources, working with the department, will send out the request for leave donations Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (City payroll) All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period Multiple donations will be rotated in order to insure even use of time from donors Any donation form submitted that is not needed will be returned to the donor HBPOA MOU October 1,2015 through September 30,2017 41 POLICE OFFICERS' ASSOCIATION EXHIBIT E —VOLUNTARY CATASTROPHIC LEAVE DONATION Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time MY SIGNATURE CERTIFIES THAT • A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department, and • 1 am not receiving disability benefits or Workers' Compensation payments Name (Please Print or Type Last, First, MI) Work Phone Department Job Title Employee ID# Requester Signature Date Department Director Signature of Support Date Human Resources Division Use Only End donation date will badge to End donation date E ❑ Long Term Disability ❑ Medical Retirement beginning ❑ Length of FMLA leave ending ❑ Return to work Human Resources Director Signature Date signed Please return this form to the Human Resources Office for processing. HBPOA MOU October 1,2015 through September 30,2017 42 POLICE OFFICERS' ASSOCIATION EXHIBIT E —VOLUNTARY CATASTROPHIC LEAVE DONATION Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name (Please Pnnt or Type Last, First, MI) ork Phone Donor Job Title Type of Accrued Leave !Number of Hours I wish to Donate ❑ Vacation i Hours of Vacation ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave I Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable, but if not needed, the donation will be returned to me I also understand that this donation will remain confidential I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for Eligible recipient employee's name (Last, First, MI) Vµ, Donor Signature Date i Please submit to Payroll in the Finance Department. HBPOA MOU October 1,2015 through September 30,2017 43 POLICE OFFICERS' ASSOCIATION EXHIBIT F —JOB SHARING PROGRAM A Definition Job Sharing Two employees share one job, subject to the following conditions B Eligibility 1 Police Officers eligible for this program must have three (3) years experience as a patrol Officer for Huntington Beach Police Lateral Officers with two (2) years prior patrol experience are eligible after two (2) years of patrol assignment with HBPD Police Sergeants are not eligible for the job sharing program 2 Communications Operators eligible for this program must have three (3) years dispatch experience as a Communications Operator for Huntington Beach Police Lateral Communication Operators with three (3) years of prior experience are eligible after two (2) years experience with HBPD 3 Detention Officers are eligible after two (2) years experience as Detention Officers with HBPD C Benefits Job Sharing employees will 1 Bid for one position on a patrol squad or duty position 2 Use the seniority of the junior member of the team to establish bid shift order 3 Receive medical coverage for employee only, or a $200 stipend upon proof of medical coverage per MOU proposal 4 Accrue Seniority for PERS and the department on a half time basis 5 Receive hourly pay 6 Receive one half (1/2) uniform allowance 7 Receive half education pay at individual rate 8 Receive half holiday pay 9 Receive Sick time per MOU 10 Accrue vacation on half time basis 11 Earn seniority on half time basis 12 Earn compensation for court appearance per MOU 13 Receive time and one half pay for mandatory overtime HBPOA MOU October 1,2015 through September 30,2017 44 POLICE OFFICERS' ASSOCIATION EXHIBIT F —JOB SHARING PROGRAM D Conditions 1 Absent an emergency, employees seeking a return to full time assignment are required to give 90-day notice of intent 2 In the event of an emergency separation of the sharing partner, the remaining partner will enjoy a 90-day window within the shared position before returning to full time employment 3 The remaining partner will return to full time when the sharing partner leaves the position, unless replaced by another qualified job share employee 4 Job sharing employees are not eligible for voluntary overtime 5 Up to five positions would be eligible for job sharing in uniform patrol 6 Only one position in dispatch and the jail would be eligible for job sharing 7 Job sharing employees cannot work specialty assignments (i e SWAT, Beach Detail, HNT) 8 Job Sharing would be limited to a five (5) year term Job sharing candidates leaving the position would be eligible for re-entry after one year in patrol HBPOA MOU October 1,2015 through September 30,2017 45 POLICE OFFICERS' ASSOCIATION EXHIBIT G — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT LABOR MANAGEMENT WORKERS' COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION This Labor Management Alternate Dispute Resolution Agreement ("Agreement") entered into by and between the City of Huntington Beach ("City") and the Huntington Beach Police Officers' Association ("HBPOA") is created pursuant to California Labor Code Section 3201 7(a)(3)(c) Nothing in this Agreement diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, or medical treatment fully paid by the employer as otherwise provided in Division 4 of the Labor Code Nothing in this Agreement denies to any employee the right to representation by counsel at all stages during the alternative dispute resolution process Article I. Purpose The purposes of this Agreement are 1 To provide active employees claiming compensable injuries under Division 4 of the California Labor Code ("Workers' Compensation Law") with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of this Agreement to facilitate their prompt return to work at either full duties or a transitional duty assignment, 2 To provide retirees claiming a presumptive injury as defined by California Labor Code (hereinafter "Labor Code") section 3212 et seq with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of the Agreement, 3 To reduce the number and seventy of disputes between the City and covered employees, when those disputes relate to workers' compensation, and 4 To provide workers' compensation coverage in a way that improves labor management relations, improves organizational effectiveness, and reduces costs to the City These purposes will be achieved by utilizing an exclusive list of medical providers to be the sole and exclusive source of medical evaluations for disputed issues surrounding covered employees in accordance with California Labor Code Section 3201 70 Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows Article II. Term of Agreement The City and HBPOA enter into this Agreement with the understanding that the law authorizing this Agreement is new, untested and evolving The parties further understand that this Agreement governs a pilot program and that it will become HBPOA MOU October 1,2015 through September 30,2017 46 POLICE OFFICERS' ASSOCIATION EXHIBIT G —ALTERNATIVE DISPUTE RESOLUTION AGREEMENT effective after it is executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers' Compensation in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Administrative Director as evidenced by the Director's letter to the parties indicating approval of the Agreement This Agreement shall be in effect for eighteen (18) months from the date of the implementation of the program Thereafter, it shall be reviewed and, if found to be effective will continue and remain in force from year to year unless terminated by either party Any claim arising from an industrial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved Any medical issue resolved under this Agreement shall be final and binding The parties reserve the right to terminate this Agreement at any time for good cause, by mutual agreement or by act of the legislature The terminating party must give thirty (30) days written notice to the other party The parties agree to meet and confer in good faith to try and resolve the issues underlying the termination during the thirty day period prior to the termination of the Agreement Upon termination of this Agreement, the parties shall become fully subject to the provisions of the California law to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein Article III. Scope of Agreement A This Agreement applies only to injuries, as defined by Workers' Compensation Law, claims by 1) active employees, 2) retirees who claim a presumptive injury as defined by California Labor Code Section 3212 et seq , and 3) active employees who file a claim and subsequently retire before the claim is resolved Retirees who filed claims while they were active employees are covered under this Agreement only for the purposes of petitions to reopen a pre-existing claim unless covered under A(2) This Agreement does not apply to any other retired employees This Agreement does not cover post-retirement amendments to active claims B Employees who are covered under this Agreement remain covered during the entire period of active employment C Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement D This Agreement is restricted to establishing an exclusive list of medical providers to be used for medical dispute resolution for the above-covered employees in accordance with California Labor Code Section 3201 7(c) Article IV. Medical Provider A This Agreement does not constitute a Medical Provider Network ("MPN") Physicians who act as a covered employee's independent medical examiner ("IME") under this Agreement shall not act as the same employee's treating HBPOA MOU October 1,2015 through September 30,2017 47 POLICE OFFICERS' ASSOCIATION EXHIBIT G — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT physician even if the physician has been pre-designated as the employee's treating physician, unless otherwise mutually agreed by the parties Pre- designation of a physician must comply with the requirements set forth in Labor Code section 4600(d)(1) B All employees with a disputed medical issue as described below in Section D must be evaluated by an approved physician from the exclusive list of approved medical providers Said physician will serve as an IME If the IME needs the opinion of a different specialist, the IME shall refer the employee to a physician of the IME's choice even if that doctor is not on the approved list The exclusive list of approved medical providers will be established when the Agreement has been approved by all parties C The exclusive lists of approved medical providers shall include the specialties as agreed upon by the parties D An IME shall be used for all medical disputes that arise in connection with a workers' compensation claim including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work, including transitional duty, future medical care, and resolution of all disputes arising from utilization review, including need for spinal surgery pursuant to Labor Code section 4062(b) The parties will use the originally chosen IME for all subsequent disputes under this Agreement In the event that said IME is no longer available, then the parties shall utilize the next specialist on the list pursuant to Article IV G d (below) The IME process will begin when either party gives the other written notice of an objection Objections from the City will be sent to the employee with a copy to the employee's legal representative if represented and a copy to HBPOA Objections from the employee or employee's legal representative will be sent to the employee's assigned Claims Examiner with a copy to the Claims Manager Objections will be sent within thirty days of receipt of a medical report or a utilization review decision A letter delaying decision of the claim automatically creates a dispute A subsequent acceptance of the claim and/or resolution of the dispute issue eliminates the need for completion of the dispute resolution process set forth in this Agreement E The exclusive list of approved medical providers shall serve as the exclusive source of medical-legal evaluations as well as all other disputed medical issues arising from a claimed injury F The parties hereby agree that from time to time the exclusive list of approved medical providers may be amended For either party to add an IME to the exclusive list of medical providers, the party must provide notice, in writing, to the other party of its intent to add a physician to the list Absent a written objection to the other party within thirty (30) calendar days of receipt of the written proposal, the addition will be made In the event there is an objection, the physician will not be added to the list A physician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties HBPOA MOU October 1,2015 through September 30,2017 48 POLICE OFFICERS' ASSOCIATION EXHIBIT G —ALTERNATIVE DISPUTE RESOLUTION AGREEMENT G Appointments a The Claims section of the Workers' Compensation Division shall make appointment(s) with the IME within ten days of the date of the objection and/or notification of delay for employees covered under this Agreement b The employee shall be responsible for providing the Claims staff with his/her work schedule prior to an appointment being made so that appointments can be made during an employee's nonworking hours or the first or last hour of his/her workday The amount of time allotted for hours spent at a physician's appointment during working hours will be subject to verification and will be allowed accordingly c Mileage reimbursement to covered employees shall be consistent with City policy and in accordance with Labor Code Section 4600 (e)(2) unless transportation is provided by the City d For purposes of appointments, the Claims staff will select the IME's by starting with the first name from the exclusive list of approved medical providers within the pertinent specialty, and continuing down the list, in order, until the list is exhausted, at which time the Claims staff will resume using the first name on the list e The City is not liable for the cost of any medical examination used to resolve the parties' disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement Medical evaluations cannot be obtained outside of this Agreement for disputes covered by this Agreement f Both parties shall be bound by the opinions and recommendation of the IME selected in accordance with the terms of this Agreement Article V. Discovery A Employees covered by this Agreement shall provide the Claims staff with fully executed medical, employment and financial releases and any other documents reasonably necessary for the City to resolve the employee's claim, when requested B The parties agree they have met and conferred on the language of the medical/financial/employment releases to be used under this Agreement If said releases cause undue delay and/or unforeseen adverse impact(s) to the City and/or the HBPOA and/or its members, then either party may request a meet and confer regarding said under delay and/or adverse impact(s) The parties shall meet and confer within 30 days of a party's request to meet and confer C Employees shall cooperate in providing a statement D This Agreement does not preclude a formal deposition of the applicant or the physician when necessary Attorney's fees for employee depositions shall be covered by Labor Code section 5710 There will be no attorney's fees for doctor's depositions HBPOA MOU October 1,2015 through September 30,2017 49 POLICE OFFICERS' ASSOCIATION EXHIBIT G —ALTERNATIVE DISPUTE RESOLUTION AGREEMENT Article VI. General Provisions A The Agreement constitutes the entire understanding of the parties and supersedes all other Agreements, oral or written, with respect to the subject matter in this Agreement B This Agreement shall be governed and construed pursuant to the laws of the State of California C This Agreement, including all attachments and exhibits, shall not be amended, nor any provisions waived, except in writing, signed by the parties which expressly refers to this Agreement D If any portion of this Agreement is found to be unenforceable or illegal the remaining portions shall remain in full force and effect E Notice required under this Agreement shall be provided to the parties as follows F In the event that there is any legal proceeding between the parties to enforce or interpret this Agreement or to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees HBPOA MOU October 1,2015 through September 30,2017 50 Res. No. 2016-36 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU the duly appointed, 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 June 6, 2016 by the following vote AYES: O'Connell, Sullivan, Katapodis, Hardy, Delgleize NOES: Peterson ABSENT: Posey ABSTAIN: None 4q4$MJ �&4vd� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California