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HomeMy WebLinkAboutHBPMA - Police Management Association - 1986-02-19REQU �I C ACTION ,�PPttOVED i�+ r �- i9` August 20, 1987 ate Submitted to: Ho �P ���•,��^a �. :1 i°iembers Submitted by: i Charles W. Thompson, City Administrato ' Prepared by: Robert J. Franz, Deputy City Administrator/Chief of Adm. Svcs-.',' Subject: UNIFORM CHANGE — POLICE DEPARTMENT Consistent with Council Policy? [ J Yes [ ] New Policy or Exception AS�y/� Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: E' Statement of Issue: An amendment to the Memorandum of Understanding with the Police Officers' Association and the Police Management Association is necessary in order to implement a change to a different color of uniform for Huntington Beach Police officers. Recommended Action: Approve Resolution # 5913 and Resolution #S1q amending the Memorandum of Understanding with the Police Officers' Association and Police Management Association. Analysis: Attached is a memorandum from Chief of Police, G. L. Payne, describing the process that police management has gone through to determine an interest in changing from the present tan uniform to navy blue uniform for police officers. The end result of the process described by Chief Payne is an agreement with both the Police Management Association and Police Officers' Association to change to navy blue uniforms effective January 1, 1988. As indicated by 'Chief Payne there is no additional cost to the city since the associations have agreed to make the change over out of their existing uniform allowance. The amendments to the MOU's is necessary only to allow an advance of the 1988 uniform allowance for the purchase of the new uniforms. Funding Source: 1987/88 budget Alternative: Do not approve the Resolutions and stay with the tan uniforms. Attachments: 6 1. Memorandum from Chief Payne dated August 12, 1987. Qil� 2. Resolutions approving changes to MOU. CWT:RJF:Pa' J PIO 5/85 Attached to this memorandum you will find proposed amendments to the Memorandums of Understanding between the City and the Huntington Beach Police Officers Association and the City and the Huntington Beach Police Management Association. These proposed amendments are the result of lengthy meet and confer sessions conducted between myself and representatives from the aforementioned Associations.- A recap of the events leading up to these Memorandums is as follows. During the early part of 1987, a formal survey was initiated and conducted by the Huntington Beach Police Officers Association to determine the interest in changing the present tan uniform to navy blue. The results of that survey were heavily weighted in favor of going to the blue uniforms. I was approached in June of 1987 by the Police Officers Association President, Gil Coerper, and Sergeant Brooks to discuss my position on this issue. My response to them was that _I was neutral orl the proposed uniform change but would not oppose a change to the blue uniform if it could be done on a no -cost basis to the City. Throughout the month of July, I continued to have meet and confer sessions with representative members from the POA and the PMA regarding this issue. In the latter part of July, the POA and PMA continued a formal poll of their memberships to ascertain their desires in both the change to the uniform and an agreement to the method in which it would be funded if approved. The result of that poll indicated an approximate two-thirds majority of the Department wanted to make the change and further agreed to funding it from their uniform allowance checks. Since the MOU's with both Associations delineated the method in which uniform allowance funds were to be disbursed, it was necessary to generate these amendments to the MOU's so as to make available these funds to the officers for their initial blue uniform purchases. i feel it is in the interest of the Department and the City to support this uniform change for the following reasons: 1. It is being done at no additional cost to the City. I offer these recommendations to you and would recommend this proposed change be brought to the attention of the City Council along with the reasons for the change to allay any questions that may arise. GLP:JBP:aa AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH (HEREINAFTER CALLED "CITY") AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION (HEREINAFTER CALLED ASSOCIATION) The Representatives of the Association and the City have Met and Conferred on the issue of a one time change to the Uniform Allowance Provision of the Memorandum of Understanding and hereby jointly recommend the addition of Section B to Article XIII of said Memorandum of Understanding. It is proposed that Section B be added to read as follows: B. Section A of this Article not withstanding, the City agrees to a lump sum advance of the 1988 allowance due each Officer up to a maximum of $500.00 for the purpose of purchasing new Blue Uniforms. The actual amount advanced to each Officer up to the $500.00 limit shall be dependent on receipts for blue uniform purchase submitted by the individual Officer . durin a initial purchase period. The amount advan all be paid ' lieu "no al uniform allowance" as provide ion A t cle. f Charles Poe, President C es horn son, Administ ator Huntington Beach Police Management City of Huntington Beach Association RESOLUTION NO. 5814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION WHEREAS, the City of Huntington Beach is desirous of changing its police officer's uniforms from the present tan color to navy blue; and The State of California has previously expressed a desire for municipal police departments' to exclusively wear blue uniforms; and Navy blue uniform material requires less maintenance than tan colored material; and Police Department morale -would be enhanced by a change from tan colored uniforms to navy blue; and The change to navy blue uniforms shall be made at no additional cost to the city; and To effect the change, the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Management Association must be amended. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach hereby amends the Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Police Management Association, to add a new Section B to Article XIII thereof, to read follows: B. Section A of this Article not withstanding, the City agrees to a lump sum advance of the 1988 allowance due -1- J each Officer up to a maximum of $500.00 for the purpose of purchasing new Blue Uniforms. The actual amount advanced to each Officer up to the $500.00 limit shall be dependent on receipts for blue uniform purchase submitted by the individual Officer during the initial purchase period. The amount advanced shall be paid in lieu of the "normal uniform allowance" as provided in Section A of this Article. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at the regular meeting thereof held on the Sth day of ATTEST: September 1987. --� F APPROVED AS T, FORM: 1 i Ci -Attor INITIATED AND APPROVED: -2- Res. No. 5814 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) so: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 8th day of September_, 19 87 , by the following vote: AYES: Councilmen: Winchell, Mays, Finley, Kelly, Bannister NOES: Councilmen: None ABSENT: Councilmen: Erskine - out of room, Green City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California REQ E c n`rr00,UNC CT10N IW16,6 . I ate December 5., 1986 Submitted to: Honorable Mayor an y o ciietttbrers Submitted by: Charles W. Thompson, City Administrat Prepared by: Robert J. Franz, Chief of Administrative ervice0s 1 Subject: Memorandum of Understanding - Police Management Association n5 Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Objective: To approve a new memorandum of understanding with the Police Management Association that would add to that group the police lieutenant classification which has previously been represented by the Police Officers' Association. Recommendation: Adopt the attached resolution approving the revised memorandum of understanding. Analysis: In the City's Employer/Employee Relations Rules there is a provision for modifying the representational units for employee relations purposes. A petition may be filed during the period of October through December of any year requesting such a modification. The Police Management Association filed such a petition in a timely manner requesting that the police lieutenants be added to the classifications represented by their organization. The police lieutenants have previously been represented by the Police Officers' Association. The determination has been made that the Police Management Association is the more appropriate unit to represent the lieutenants. These individuals (eleven positions are authorized in the current budget) are an integral part of the management of the Police Department and are involved intle.vast majority of policy and management decisions in the Department. The memorandum of understanding with the Police Management Association has been modified to include the police lieutenants. This modification requires formal Council approval by the adoption of the attached resolution. The modifications to the salary and benefit plan for lieutenants are, for the most part, technical in nature and represent differences in the language of the two employee agreements. In addition, some benefit changes have been included which represent a minor cost to the City. Those changes are to allow holiday time off consistent with other employees in the City, providing twenty four months instead of the current limit of twelve months for the special reporting to PERS of final compensation for retirement, and immediate pickup of the additional 1 % of retirement contribution by the City instead of the Police Association contract which would provide such pickup in April of 1987. Funding Source: General Fund. Alternatives: Do not modify the contract and continue representation of lieutenants by the Police Officers' Association. Attachments: Resolution and Memorandum of Understanding. 2865j PI O 5/85 RESOLUTION NO. 5742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON-BEACH APPROVING AND IMPLEMENTING ADDENDUM NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION AND THE CITY OF HUNTINGTON BEACH Wh EREAS, the parties to that certain Memorandum of Understand- ing between the Police Management Association and the city wish to amend such Memorandum of Understanding, NOW, THEREFORE, the City Council of the City of Huntington Beach does resolve as follows: Addendum No. 1 to the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Manage- ment Association, effective December 15, 1986, a copy of which is attached hereto and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute such Addendum. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of December , 1986. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney, APPR ,ED A..S' T CONTENT: APPROVED: hief` d inistrati City Administrat r �YCs Servi es i Chief of `Police 1763L Ll Ll ADDENDUM #1 TO MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called CITY) and THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION IDt'T MA T C WHEREAS, by Resolution No. 5641, adopted March 3, 1986, the City Council of the City of Huntington Beach approved a Memorandum of Understanding with the Police Management Association; and In accordance with the CITY's. Employer/Employee Relations Resolution No. 3335, the Police Management Association has petitioned the CITY to modify its unit by adding to the classi- fications represented by the Police Management Association the classification of Police Lieutenant (currently represented by the Huntington Beach Police Officers Association); and The CITY's Personnel Director has approved the petition for modification of the Police Management Association by adding the position of Police Lieutenant effective December 15, 1986, pursuant to Section 7-2 of Resolution No. 3335; and The designated representatives of the City of Huntington Beach and the Huntington Beach Police Management Association have met and conferred in good faith with respect to salaries, benefits and other terms and conditions of employment to determine appropriate. modifications to the Memorandum of Understanding between such Association and the CITY, NOW, THEREFORE, this addendum to the Memorandum of Understanding between the Huntington Beach Police Management Association and the City of Huntington Beach is made, to be effective December 15, 1986, and it is agreed as follows: i. SECTION 1. That Articles I, III, and XIV of the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Management Association, adopted by Resolution No. 5641 by the City Council of the City of Huntington Beach, are hereby amended, and a new Article XIX is hereby added, all such articles to read as follows: ARTICLE I REPRESENTIONAL UNIT It is recognized that the Huntington Beach Police Management Association is the employee organization which has the right to meet and confer in good faith with the CITY on behalf of repre- sented employees of the Huntington Beach Police Department within the classification titles of Police Captain and Police Lieutenant, as outlined in Exhibit A attached hereto and incorporated herein. ARTICLE III SALARY SCHEDULES AND PERS PICKUP A. Employees shall be compensated at monthly salary rates by classification title and salary range during the term of this Agreement as set forth in Exhibit A, attached hereto and incorporated herein, unless expressly provided for in other articles of this Agreement. B. Each employee covered by this Agreement shall be reim- bursed once every two weeks in an amount equal to 9% of the employee's base salary as a pickup of the employee's contribution, or portion of such contribution, to the Public Employees' Retire- ment System. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. Each employee, eligible for service retirement, may have his/her 9% PERS pickup reported as compensation for all or any part of the twelve-month period prior to his/her service retire- ment date upon written request to the Finance Director. Suc-h modified reporting shall not be retroactive and shall be for a maximum of twenty-four months (Government Code Section 20022). 2. D. Each employee, eligible for service retirement, may have his/her optional vehicle allowance reported as compensation for all or any part of the twelve-month period prior to his/her service retirement date upon written request to the Finance Director. Such modified reporting shall not be retroactive and shall be for a maximum of twenty-four months. E. During the term of this agreement the differential between the salary ranges of Police Captain and Police Lieutenant shall be no less than 32 ranges. F. During the term of this agreement, the differential between the salary range of Police Lieutenant and the salary range plus holiday compensation of the Police Sergeant shall be no less than 37 ranges. ARTICLE XIV HOLIDAYS Ali Unit employees shall have the following legal holidays with pay: 1. New Year's Day (January.l) 2. Martin Luther King Day (third Monday in January) 3. Washington's Birthday (third Monday in February.) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Day (December 25) 11. Any day declared by the President of the United States to be a national holiday, or the Governor of the State of California to be a state holiday and adopted:as an employee holiday by the City Council of the City of Huntington Beach. Compensation for legal holidays shall be provided as follows: 1. If a day the city observes as a legal holiday designated above falls on an employee's regular work day, the employee will receive the day off; 3. 2. If a day the city observes as a legal holiday designated above falls on an employe.e's regular day off, the employee will be compensated with eight (8) hours of compensatory time; 3. Employees who are required to work on a day the city observes as a legal holiday designated above shall be compensated in accordance with Article XIX; 4. The city observes legal holidays which fall on Sunday on the following Monday, and those falling on Saturday on the preceding Friday. ARTICLE XIX (New) OVERTIME/TIME OFF Employees represented herein shall not be eligible for over- time compensation except in the following instances. A. When such employees are required to fill a full, or par- tial, work shift that is not part of the employee's regular work schedule. Partial work shift shall mean five (5) hours or more of a work shift. In such an instance, the employee may be compen- sated at the rate of 1-1/2 hours for each hour worked in the form of pay or compensatory time off. B. Time off for such employees, to compensate for other overtime hours worked, may be granted by the department head. It is understood by both parties of this Agreement that police lieutenants will be entitled to the CITY policy of granting three days' administrative time off per year to compensate the lieutenants for their previous (when authorized) time and one-half overtime benefit. SECTION 2. All other terms and conditions not expressly amended herein shall remain the same. 4. 0 C IN WITNESS WHEREOF, the parties hereto have executed this Addendum No. 1 to the Memorandum of Understanding this 15th day of December 1986. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE MANAGE- MENT ASSOCIATION BY By C's AdminislErator V President APPROVED AS TO FORM: By V e f -o f Police- C City Attorney B3 Deputy C i_tAdministrator.,,' Administr'ative Services/ 5. EXHIBIT A POLICE MANAGEMENT ASSOCIATION SALARY SCHEDULE Effective December 15, 1986 STEPS CLASSIFICATION RANGE A B C D E Police Captain 477 4,079 4,302 4,540 4,789 5,053 Police Lieutenant 445 3,477 3,668 3,869 4.082 4,307 Effective April 4, 1987 STEPS CLASSIFICATION RANGE A B C D E Police Captain 481 4,163 4,392 4,633 4,888 5,157 Police Lieutenant 449 3,546 3,742 3,949 4,165 4,394 • Res. 0 5742 l STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNT INGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of December 19 86 , by the following vote: AYES: Councilmen: Winchell, Mays, Kelly, Erskine, Green, Bannister NOES: Councilmen: None ABSENT: Councilmen: Finley (.; � �_!y« C`•.m�� . � .G.� it .. City Clerk and ex-officio Clerk of the City Council of the Cite of Huntington Beach, California 7 G�D REQUER FOR CITY C UNCI -ACT1 Submitted to: Submitted by: Prepared by: Honorable Mayor and City Council Members Charles W. Thompson, City Administrator eJ Robert J. Franz, Chief of Administrative Ser) Subject: Memorandum of Understanding - Police Mana Consistent with Council Policy? [x] Yes [ ] New Policy or Exception I?es Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:''t/h Statement of Issue: Through the meet and confer process, agreement has been reached with the Police Management Association for changes in their salaries, benefits and working conditions. This agreement now is submitted for formal Council approval by adoption of a resolution approving the Memorandum of Understanding. Recommended Action: Adopt the attached resolution approving the Memorandum , of Understanding between the City and the Police Management Association for a two year agreement for changes in salaries, benefits and working conditions. Analysis: The Memorandum of Understanding and tentative agreement with the Association is consistent with Council guidelines and directions to the city negotiators during the executive sessions where the Council has been briefed on meet and confer issues. The Association accepted the City's offer and the attached memorandum reflects the agreed to changes. The changes included the memorandum provide Police Captains with the ;same salary and benefit improvements as those provided to Police Lieutenants, who are represented by the Police Officers Association. Funding Source: General Fund budgeted accounts and the '85/86 budget. Alternatives: Do not approve the agreement. 2012j PIO 4/84 0 RESOLUTION NO. 5641 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION. 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 Management Association, dated .,i da - 8,6 , a copy of which is attached hereto and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute this agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of March 1986. ATTEST: r/'. ' City Clerk APPROVED.AS TO CONTENT: , 11 n thief of Aa—tiWi trative Services Chief of Police FAIN WMAMEW APPROVED AS TO FORM: City Attorney ?_-41 APPROVED: Cif Administrator 0527X TABLE OF CONTENTS TITLE PAGE Table of Contents i Preamble 1 Article 1 Representational Unit 1 Article 2 Existing Conditions of Employment 1 Article 3 Salary Schedules & PERS Pickup 1 Article .4 Insurance 2 Article 5 Income Protection Plan 4 Article 6 Retirement 5 Article 7 Police Education Incentive Plan 6 Article 8 Vacations 6 Article 9 Sick Leave 8 Article 10 Family Illness Leave 8 Article 11 Bereavement Leave 8 Article 12 Ten Plan 8 Article 13 Uniforms 8 Article 14 Holidays 9 Article 15 Meal Allowance 9 Article 16 Management Rights 10 Article 17 Term of Memorandum of Understanding 10 Article 18 City Council Approval 10 Exhibit A Salary Schedule -i- MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called CITY) and THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION PREAMBLE WHEREAS the designated representatives of the City of Huntington Beach and the Huntington Beach Police Management 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 January 1, 1986 and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Police Management Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of represented employees of the Huntington Beach Police Department within the classification titles as outlined in Exhibit A attached hereto and incorporated herein. ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms and conditions of employment which have been established for the classification represented by the Huntington Beach Police Management Association ARTICLE III SALARY SCHEDULES AND PERS PICKUP A. Employees shall be compensated at monthly 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 unless expressly provided for in other articles of this agreement. B. Effective January 1, 1986, each employee covered by this Agreement shall be reimbursed once every two weeks in an amount equal to 9% of the employee's base salary as a pickup of the employee's contribution, or portion of such contribution, to the Public Employees' Retirement System. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. Each employee ligible for service retirememay have his/her 9% PERS pickup reported as compensation for all or any part of the twelve month period prior to his/her service retirement date upon written request to the Finance Director. Such modified reporting shall not be retroactive and shall be for a maximum of twelve months (Government Code Section 20022). D. Each employee, eligible for service retirement, may have his/her optional vehicle allowance reported as compensation for all or any part of the twelve month period prior to his/her service retirement date upon written request to the Finance Director. Such modified reporting shall not be retroactive and shall be for a maximum of twelve months. E. During the terms of this agreement the differential between the salary ranges of the .represented classification and those of the next lower classification in the police department shall be no less than 32 ranges. ARTICLE IV INSURANCE A. The CITY shall continue to provide group medical benefits. to all employees with coverage and other benefits comparable to the group medical plan currently in effect. B. The group medical insurance plan shall be modified to pay 100% of the usual, customary and reasonable charges for out patient pre -admission testing and out patient surgery. C. Those elective surgeries listed on Exhibit C only will require a second opinion from a list of authorized physicians. The CITY shall provide such list of physicians mutually agreeable to CITY and the ASSOCIATION. It is understood that should an employee or covered dependent elect a listed surgical procedure without a second opinion, such employee shall receive no benefit. The listed surgical procedures shall be considered elective unless the attending physician certifies that the procedure was performed on an emergency basis without reasonable time for a second opinion. D. The CITY will assume full payment for dependent health insurance effective the first of the month following the month during which the employee completes one (1) year of full time continuous service with the CITY. E. The CITY shall pay health insurance premiums to a maximum of $400 a month for full family coverage for eligible employees. The employee shall pay for any premium in excess of $400 a month. Those employees electing to be covered by the HMO option shall continue to have the total monthly premium paid by the CITY. Conditions of dependent eligibility to remain as stated in Article VI Section D above. -2- F. Medical Plan 2ftnges 1. A hospital pre -admission notification to Ale claims administrator. will be required prior to hospital admittance for non -emergencies. If the required notification is not given by the employee, the benefit entitlement will be subject to a $100 deductible against the charges for hospital costs. 2. The Medical Insurance Plan shall exclude coverage of pre-existing medical conditions of new employees and dependents, except under the following conditions: a. The employee or dependent is free from treatment for the pre-existing condition for three consecutive months after the effective date of coverage under the plan. b. A pre-existing condition of the employee is covered - after an employee completes six months of continuous employment. c. A pre-existing condition of any dependent who has been enrolled in the plan is covered after the employee completes twelve months of continuous service. 3. The Medical Insurance Plan deductible shall be One Hundred and Twenty -Five Dollars ($125) per person; and the maximum deductible per family shall be Three Hundred and Seventy -Five Dollars ($375) per family during any period of -benefit entitlement as described in the City's Employee Health Plan. 4. Eligibility for dependent coverage shall be restricted to: a. Spouses of employees,. b. Their unmarried children to age 19, C. Unmarried children from age 19 to 23 if dependent on their parents for at least half their support and living at home or enrolled as a full time student; and d. Totally disabled children of any age who were enrolled in this plan prior to age 23. G. Upon retirement (whether service or disability connected), each employee shall be entitled to cause himself and his dependents to participate fully, at his own cost, in the group medical insurance program maintained by the CITY with respect to employees represented by the ASSOCIATION at the CITY's group premium rate. H. Sworn personnel who have been placed on industrial disability retirement subsequent to January 31, 1974, shall be eligible to continue to participate in the existing group medical insurance plan at their own cost. Participation shall cease upon the earliest of the following: 1. the expiration of three calendar years following the date of the industrial disability retirement, or -3- 2. the retire*obtaining eligibility for cove under a comparable medical plan, or 3. eligibility to participate in any City sponsored retiree medical plan at retiree's own cost. Retirees who cease to participate may exercise any .conversation privileges then in existence. I. Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the City as modified in Exhibit "B". J. Each employee under age sixty-five (65) shall be provided with $40,000 life insurance and $40,000 accidental death and dismemberment insurance paid for by the CITY. Each employee shall have the option, at his or her own expense, to purchase an additional amount of life insurance in the amount of either $10,000 or $20,000 and accidental death and dismemberment insurance in the amount of $10,000, $20,000, $50,000 or $100,000. Evidence of insurability is contingent upon total participationin additional amounts. K. Members of the represented group shall be given the option of participating in any post -employment medical health program developed by the City during the term of this MOU. Members who retire from City service during the term of this MOU shall continue to be given this option for a period not to exceed 12 months from the termination of this MOU. ARTICLE V INCOME PROTECTION PLAN The existing long term disability program provided by the City shall remain in effect for all personnel. This program provides, for each incident, pay up to sixty calendar days at the employee's salary rate (excluding overtime but including any special pay in effect at the time of illness or injury). After the sixty calendar day period, the employee will be covered by an insurance plan paid for by the City which will provide 66-2/3 percent of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $4,000.00 a month in accordance with the following: Disability Due Disability Due to Accident to illness First 60 days Regular Pay Regular Pay Next 24 months 66-2/3% of base pay 66-2/3% of base pay up to maximum benefit up to maximum benefit of $4,000.00 monthly of $4,000.00 monthly To age 65 66-2/3% up to maximum None benefit of $4,000.00 monthly. -4- A. Days and mon refer to calendar days and aths. Benefits under the Plan are integrated with Workmen's Compensation, Social Security and other non -private program benefits to which the employee may be entitled. Disability is defined as the inability to perform all of the duties of regular occupation during the first two years of disability and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience. B. Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Plan will provide 66-2/3% of difference between regular pay and pay of other occupation. C. Survivors benefit continues plan payment for three months beyond death. ARTICLE VI RETIREMENT A. The City will provide, for all safety personnel represented by the Association whose retirement is effective or whose death occurs after July 1, 1978, Public Employees Retirement System retirement benefits computed by utilizing the two percent at age fifty formula commonly referred to as the California Highway Patrol Retirement Plan. B. In the event a member elects Option #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement law, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone. 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. This benefit is vested for employees covered by this agreement. (Note: The options provide that the allowance is payable to the member until his or her death, and then either the entire allowance (Option #2) or one-half of the allowance (Option #3) is paid to the beneficiary for life.) -5- ARTICLE VII POLICE EDUCATION INCENTIVE PLAN A. The Education Incentive Plan shall be continued for sworn personnel as follows: Education Maximum Years of Cont. Educ. Incentive Post College Training HBPD College Units Level Cert. Units Units/Pts. Service Reg. Annually Amount I Inter 30 20+ 10 1 6 83.31 II Inter 60 40+ 20 1 3 125.03 III Adv 90 60+ 30 2 3 166.67 IV Adv 120 0 3 3 250.00 V Adv 150 120+ 30 3 0 250.00 B. Stipulations 1. College major shall be Police Science, Criminology, Political Science, Sociology, Law, Business Administration, Public Administration, Psychology or closely similar field as approved by Chief of Police and Education Committee. 2. Initial eligibility must be approved by Chief of Police. An acceptable yearly performance evaluation, signed by Chief of Police, is required. No incentive taken away without just cause. 3.-5. Training points approved by POST may be substituted for college units, on the following schedule: 10 of 30, 20 of '60; 30 of 90. 4. Pay to be effective first month following approval. 5. After 120 units of B.A. POST approved training points may be substituted for college units without limit. 6. Repeat college courses credited as determined by the college. 7. Repeat POST approved seminars, institutes, etc. credited as determined by the Chief of Police. 8. All college units require grade of. °C° or better to qualify. 9. Obtaining transcripts or other acceptable documentation is employee responsibility. 10. Employee may choose between POST training points or college units where a choice is available. No change allowed once choice is made, no double credit allowed. ARTICLE VIII VACATIONS A. Anniversary Date: For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time, City employment. -6- B. Annual Vacati9 The purpose of annual vac Opn 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 1. Employees who have not completed six (6) months continuous service with the City. 2. Employees who work less than full-time. 3. Employees on leave of absence. C. Vacation Allowance: Permanent employees in City service, having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: 1. For the first through the fourth year of continuous service vacation time will be accrued at the rate of 112 hours per year. 2. After fifth through ninth year of continuous service vacation time will be accrued at the rate of 136 hours per year. 3. For the tenth through fourteenth year of continuous service to the completion of fourteen years of continuous service vacation time will be accrued at the rate of 160 hours per year. 4. After fifteenth year and thereafter of continuous service vacation time will be accrued at the rate of 192 hours per year. D. No vacation may be taken until the completion of six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 2,080 and more than 1,040 hours per year shall receive vacation in one-half the amounts set forth above. E. Vacation - When Taken: No employee shall be permitted to take a vacation in excess of actual time earned. Employees covered by this agreement who have accrued more than 320 hours may not use the additional accrual to advance their separation date on retirement. Vacations shall be taken only with permission of the department head; however, the department head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. F. Terminal Vacation Pay: An employee shall be paid for unused vacation upon termination of employment at which time such terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to and including the effective date of his termination provided, however, that there shall be no compensation for unused vacation hours accrued in excess of 320 hours. -7- G. Receipt of tion Pay: Upon two week tten notification to the Finance Director each employee shall be entitled to receive his earned vacation pay, less deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one.during each employee's anniversary year. H. Pay in Lieu of Vacation: An employee may elect to take up to 80 hours per calender year of pay for accrued vacation in lieu of time off. Such pay may be reported to PERS as salary. It is the intent of the parties that employees will take vacation during the current year. ARTICLE IX SICK LEAVE A. All sworn personnel and non sworn Personnel represented by the Association shall have a maximum of 60 calendar days 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 termination of the employee from the City. ARTICLE X FAMILY ILLNESS LEAVE Sick leave may be used for an absence due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absence shall be limited to five days per calendar year. ARTICLE XI BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed three working days per calendar year in instance of death in the immediate family. Immediate family is defined as father, stepfather, mother, stepmother, sister, stepsister, brother, stepbrothers, spouse, children stepchildren, mother-in-law, or father-in-law of the Employee. ARTICLE XII TEN -PLAN A. The work ,schedule agreed to by the CITY and the ASSOCIATION during negotiations has been fully implemented and shall remain in effect during the life of this agreement unless changes are agreed to by the Association and the City. B. Effective January.l, 1984, all employees are entitled to work 4 days per week 10 hours each day, meal times to be included during the 10 hour shift. ARTICLE XIII UNIFORMS A. Effective October 1, 1980, the CITY shall continue the Uniform Allowance in lieu of the CITY providing uniforms for employees represented by the ASSOCIATION. Such allowance shall be $500 per year payable quarterly to those employees on active duty during that quarter separately from payroll checks. It is -8- the mutual intent of 0parties that this allowance *1 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 order of the Chief. ARTICLE XIV HOLIDAYS Employees represented by the Association and actively employed by the City, in addition to regular compensation, shall receive each month 1/12 of the total holiday hours (80) earned for the year. They shall be entitled to an additional eight hours of pay at their regular rate for any day declared by the President of the United States to be a national holiday, or any day declared by the Governor of the State of California to be a state holiday, if such day is adopted by the City Council of the City of Huntington Beach as a. special holiday for City employees (i.e., day of mourning). ARTICLE XV MEAL ALLOWANCE A. Per Diem - Employees shall be entitled to per diem under the following circumstances: 1. Personnel are on work assignments,. attending seminars, meetings or training sessions which extend beyond their. normal work hours or require lodging. Meetings which include a meal may be reimbursed at the actual cost of the meeting or meal. 2. Personnel are unexpectedly delayed or assigned at a location away from the City when the time extends beyond normal meal period. 3. When on assignment in excess of 25 mile radius beyond their normal work station. 4. Expenses other than those listed in a, b, or c (above) may be considered for reimbursement (receipt required) at the discretion of the Division Commander. 5. Receipts are not required providing that the employee's expenses do not exceed the $35 limit and the expenses are in accordance with the above rules. B. Per Diem Schedule - $35 per 24 hour period or prorated as follows: a. Breakfast $6.00 b. Lunch $8.00 c. Dinner $16.00 d. Incidentials $5.00 - 9- C. Mileage Alloe 1. The CITY shall reimburse employees for the use of personal automobiles at the rate of 260 per mile for all mileage reimbursable by POST. 2. All other mileage not reimbursable by POST shall be compensated at the rate of 230 per mile. ARTICLE XVI MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Chief of Police retains all rights, powers and authority with respect to the management and direction of the performance of police services and the work forces performing such services, provided that nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Chief of Police or the City the right to make unilateral changes in wages, hours, and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of police services, including establishing manning 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, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE XVII TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on January 1, 1986, and ending at midnight on December 31, 1987. Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits of the employees represented by the Association shalltake effect during the term of this Agreement. It is understood that the parties are continuing to meet and confer regarding non -monetary matters such as Personnel Rules, the department rules and manual, and any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. .ARTICLE XVIII CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. -10- IN WITNESS WHERE* the parties hereto have i0cuted this Memorandum of Understanding this day of x , 1986. CITY OF HUNTINGTON BEACH .1 By - City Administrator r By.� Ov.X-x-u .Ctri1 Of Police f� Chief of Admin--s ativ� Service APPROVED AS TO FORM: f% City Attorney- 0527X HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION v / 4� ain Gr ver L. Payne Captain MicAa-e1 C. Burkenfield ByL- Captain Do d?L. Jenkins By Captain Bert T. Ekstrom -11- EXHIBIT A Range 455 - Police Captain STEP A B C D E 3,657 3,858 4,070 4,293 4,529 0527X -12- 0 Res. No. 5641 STATE OF CALIFORNIA ) COUR Y OF ORANGE ) s s CITY OF HUNT INCTON REAM ) I, ALICIA M. WENWORTH, the duly elected, qualified City Clerk of the City of Huntington leach, and ox-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 more than a tajority of all the members of said City Council at a regular meeting thereof held on the 3rd day of March 19 86 , by the following vote: AYES: ICouncilmen: Kelly, MacAllister, Finley, Mandic, Bailey, Green, NOES: Councilmen: None ABSENT: Councilmen: Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California