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HomeMy WebLinkAboutHBPOA - Huntington Beach Police Officers Association - 1974-02-140 Z February 14, 1974 To: City Council From: City Attorney Subject: Resolution Approving and Implementing an Addendum to the Memorandum of Agreement with the Huntington Beach Police Officers' Association Dated June 26, 1972 At the request of the Personnel Department, we transmit herewith a resolution approving and implementing an Addendum to the Memorandum of Agreement dated June 26, 1972 (Resolution No. 3517) between the City of Huntington Beach and the Huntington Beach Police Officers' Association. Respectfully submitted, DON P . BONFA City Attorn DPB:lm Attachment RESOLUTION NO. 3848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING AN ADDENDUM TO THE MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION DATED JUNE 26, 1972 The City Council of the City of Huntington Beach resolves as follows: The Addendum to the Memorandum of Agreement between the City of Huntington Beach and the Huntington Beach Police Officers' Association, dated June 26, 1972, a copy of which, with its attached exhibits, is marked Exhibit "A" and attached hereto and made a part hereof, is hereby approved and ratified and ordered implemented in accordance with the terms and conditions thereof. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of February, 1974. n ATTEST: City Clerk APPROVED AS TO FORM: amity Attorney; J Mayor dM:1m -..es. No. 3848 STATE OF CALIFORNIA ) COUNTY OF ORANGE ).ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the 19th day of February , 19 74 , by the following vote: AYES: Councilmen: Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ADDENDUM TO MEMORANDUM OF AGREEMENT DATED JUNE 26, 1972 (RESOLUTION NO. 3517) BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA Hereinafter called CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION Hereinafter called ASSOCIATION PREAMBLE This Addendum to Memorandum of Agreement dated June 26, 1972 has been reached and prepared after meeting and conferring in good faith between the CITY and ASSOCIATION, pursuant to the provisions of Government Code Sections 3500 through 3510 and Resolutions No. 3335 and No. 3461. ARTICLE I DEPENDENT GROUP INSURANCE PREMIUMS All sworn personnel shall have their group insurance pre- miums for dependent medical coverage paid by the City of Huntington Beach, upon completion of three years service for the Huntington Beach Police Department, effective February 1, 1974. All sworn personnel shall have their group insurance premiums for dependent medical coverage paid by the City of Huntington Beach, upon completion of one year service for the Huntington Beach Police Department, effective May 1, 1974. ARTICLE II SICK LEAVE_ As of January 25, 1974, all sick leave accumulation shall WM:er 1. 2/13/74 be frozen for purposes of payoff upon termination. Nothing will be paid for accumulation up to 480 hours. Accumulated hours from 480 to 720 will be paid off at 45% of their value as of January 25, 1974. Hours in excess of 720 will be paid off at 70% of their value as of January 25, 1974. The payoff for accumulated sick leave as described above may be taken either: 1. Upon termination, or 2. One-third of the amount payable as of January 25, 1974 may be taken each July 1 of three successive years, starting July 1, 1974. If the total amount payable to an individual is less than $1,500, he may elect to take a portion of amount payable to him up to $500 each July 1 until total amount payable to him has been paid. Twenty-five percent of any sick leave accumulation under 480 hours an individual may have as of January 25, 1974, will be converted to compensatory time off. Such compensatory time will be permitted as a separate and additional amount in excess of the 120 hours maximum accumulation permitted under Personnel Rule 14-8. Any compensatory time taken will draw from this additional amount available first until it is depleted before any is taken under the maximum accumulation permitted under Personnel Rule 14-8. If any of this additional amount is still remaining upon termination, it will be paid off at its current hourly value as of January 25, 1974. Any amount taken prior to termination 2. will be taken at the employee's earning rate at the time such converted compensatory time off is used. ARTICLE III INCOME PROTECTION PLAN Effective January 25, 1974, a long term disability program will be provided by CITY for sworn personnel for each authorized incident when they are unable to work due to illness or injury which.is either job -related or nonjob-related. This program will provide for regular pay up to sixty calendar days at the regular earning rate of his regular job excluding overtime but including any special pay in effect at the time of illness or injury. After the sixty calendar day period paid by CITY, the employee will be covered by an insurance plan provided by CITY, which will continue to pay 66-2/3% of the regular salary, exclud- ing overtime and any special pay, up to a maximum of $1,500 a month for a maximum period of two years. Details of plan out- lined in attached Exhibit A. ARTICLE IV MEDICAL INSURANCE The group insurance carrier for ASSOCIATION will be changed from Blue Cross to California Physicians Insurance Corporation. Coverages under this plan include maternity coverage as outlined in attached Exhibit B. ARTICLE V SALARY SURVEY Article V of the Memorandum of Agreement dated June 26, 1972 provides for a benefit improvement if the average rates in the cities surveyed substantially exceed ours. In lieu of such 3. benefit improvements other than those provided, a 7% salary increase will be implemented effective July 1, 1974, instead of the 5% provided under Article I of the Memorandum of Agreement dated June 26, 1972. Attached Exhibit C outlines proposed salary schedule effective July 1, 1974. ARTICLE VI LIFE INSURANCE Effective February 1, 1974, CITY will provide a total of $10,000 term life insurance for each employee which includes $1,000 currently being provided. The employee may apply for an additional $10,000 life insurance without evidence of insurability other than evidence of working a full-time duty and another $10,000 requiring evidence of insurability, all at the officer's own cost. ARTICLE VII DENTAL COVERAGE A City -paid Dental Plan for employees only will be implemented January 1, 1975. The plan will be finalized by November 1, 1974. ARTICLE VIII PHYSICAL EXAMINATIONS By mutual agreement, Article II of the Memorandum of Agree- ment dated June 26, 1972 requiring physical examination has been deleted. ARTICLE IX PRIOR MEMORANDA The terms and conditions of prior Memoranda of Understand- ing between the ASSOCIATION and CITY shall continue for the term 4. of this Addendum to the Memorandum of Agreement dated June 26, 1972 unless expressly modified by this Addendum to said Memorandum of Agreement. ARTICLE X TERM OF ADDENDUM TO MEMORANDUM OF AGREEMENT DATED JUNE 26, 1972 This Addendum to Memorandum of Agreement dated June 26, 1972 shall be in effect for a term commencing January 25, 1974 and ending June 30, 1975. ARTICLE XI CITY COUNCIL APPROVAL It is the understanding of the CITY AND ASSOCIATION that this Addendum to Memorandum of Agreement dated June 26, 1972 is of no force and effect whatsoever unless or until ratified and approved by resolution in accordance with Section 8, Resolution No. 3335 and Resolution No. 3461. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to Memorandum of Agreement dated June 26, 1972 to be executed this f 5%� day of Fedrkldry , 1974. 1 - HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION BY, IA4 A nA f44 ,�,cr t4 MSS, 9W77 449 PV/9 BY'. RM APPRO D AS TO FOR DON . PONFA, ity At rney BY �, ' . W LLIS E IS, Assistant 5 City Attorney CITY OF HUNTINGTON BEACH BY City Administrator BY�� Personnel Directo Exhibit A First 60 days Next 24 Months To age 65 Income Protection Plan Police Officers' Association Disability Due to Accident Regular Pay 66 2/3% of base pay up to maximum benefit of $1500 monthly Disability Due to Illness Regular Pay 66 2/3`/0 of base pa; up to maximum benefit of $1500 monthly 66 2/3% up to maximum None benefit of $1500 monthly Days and months refer to calendar days and months. Plan integrated with Workmen's Compensation, Social Security and other non -private program benefits to which entitled. Disability defined as the inability to perform all of the duties of regular occupation during two years and thereafter the'inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience. Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Plan will provide 66 2/A of difference between regular pay and pay of other occupation. Survivors benefit continues plan payment for 3 months beyond death. Exhibit B Medical Plan Police Officers' Association SCHEDULE OF BENEFITS Hospital Benefits Daily Room and Board Maximum Amount Hospital Services Intensive Care Ambulance Surgeon's Fees As listed in the Schedule of Operations. Supplemental Accident Benefit Preanancv Benefits Hospital Professional Normal Delivery Cesarean Section Miscarriage Well Baby Major Medical Benefits Deductible per Calendar Year Reimbursement Room Limit Maximum Benefit Employee and Dependents Semi -Private 100 days Full Full $50 1964 RVS @ $8.00 $500 Full $100 200 200 None $100 - Maximum Family $300 80% Semi -Private $50,000 * 80% of first $2,000, 100% thereafter per calendar year }Exih:-&bit C CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT Effective July 1, 1974 POLICE OFFICERS SALARY SCHEDULE MONTHLY SALARY RATES "A" Step TITLE RANGE A B C D E Hrly. Rate Policewoman 148 980 1034 1092 1153 1220 5.65 Policeman 148 980 1034 1092 1153 1220 5.65 Identifctn Tech 152 1092 1153 1220 1287 1360 6.30 Police Sergeant 154 1153 1220 1287 1360 1437 6.65 Police Lieutenant 159 1323 1396 1478 1560 1648 7.63 Police Captain 165 1560 1648 1743 1840 1944 9.00 Helicopter Pilot Flat Rate $150 per month Helicopter Observer Flat Rate $ 75 per month Motor Officer 8.25% CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT POLICE OFFICERS ASSOCIATION NEGOTIATIONS - 1972 MINUTES May 25, 1972 Administrative Conference Room 9:30 A.M. Present: POA: Mike Gutsch, Ron Pomeroy, Don Jenkins City: Ben Arguello, Ed Thompson, Don Lewis, Chief Robitaille and Mr. Rowlands An offer was distributed to the POA dated May 23, 1972, which stipulated a mutiple year contract with 5% salary increase per year commencing July 1, 1972. Also stipulated physical examination program, City paid LTD and dependent coverage program. POA commented and questioned the 5% salary adjustment and also indicated that mutiple year contract was still possible depending upon agreements reached with City. POA asked that,as an added selling point, a third year salary survey could be conducted to take advan- tage of any gains lost to the association by fixed percentage increase. In case of physical examinations, POA requested a thorough comprehensive physical and indicated that it could be worked out in language of Memorandum. POA also indicated a strong interest in a dental plan with at least employee coverage and dependent coverage made available to the members. Before commenting on sick leave -medical benefit program, POA would need more infor- mation on the LTD proposal. City reiterated that there would be a 60 day wait, paid for by the City and that the LTD plan would pick up 2/3 of gross pay for 5 years or age 65s lifetime on accident. POA requested status of sick leave already accumulated. City indicated it would propose a freeze on that sick leave already accumulated and allow payoff upon termination or over a three year period. POA indicated that, in its evaluation of management proposal, physical examination program might be worked out and it saw the LTD and dependent coverage as being workable. Also, it stressed that it wanted to see an implementation date for a dental program. increase POA made the following proposal on salaries. The first year 8k7./for all POA members® A second year cost of living, plus a 3% factor, and a third year straight 5% salary increase. POA indicated that its own telephone surveys revealed a possible movement of 7 to 8%, however, they could not accurately, nor could the City, measure the movement intended for July 1 among other•Police forces. The POA proposal would hopefully keep Huntington Beach officers in line with counterparts throughout Soulthern California. -1- City responded et...t they opposed salary increase T"i 8 %. Did not see the trend that high and wanted to know POA's rationale for 8k%. POA responded that indicators for July, 1972, were very hard to come by and only estimated that that amount would be consistent with what they have heard from other Police agencies. Both POA and City agreed that it would be hard, at this time, to predict the movement in salaries for 1972-73 fiscal year due to thte recent amendment to Meyes-Milias-Brown Act requiring all agencies to negotiate at approximately the same time. City indicated that with so many officer's still going through the steps, this meant that most officers would get at least 5 % in merit increase during the year. The 5% salary adjustment proposed would give them a 10'% total adjustment for the fiscal year. Regarding CHP proposal, City maintained its position that it was against such proposal until State government provided money for implementation. In regards to other proposals, such as dental, City indicated that it would want program for all employees to provide uniform benefits. POA indicated it understood City's position, however, it was only bargaining for Police officers at the present time. POA indicated that uniformity of benefits, though desirable, did not carry very much weight when attempting to explain settle- ment to members. City made it clear that present answer to dental plan would be no until joint study revealed feasibility of such a plan. Question was also raised about propriety of Police Chief and Captains belong- ing to POA unit. POA indicated it was very firm in this matter and would seek legal advice if such a proposed switch in units were made by the City. City indicated that recent Opinions by L.A. City Attorney had properly placed Chief and four Captains under Management. Some discussion then ensued about this proposal. POA remained quite firm in its conviction that law does not prohibit Police Chief and Captains from belonging to Police unit. City main- tained that membership in Police unit could place Chief and Captain in conflict of interest situations. Chief of Police indicated that he takes no active role in Association and would be glad to reduce to writing his position and remain inactive in POA. City indicated that should movement of salaries and fringe benefits be greater than 5% proposed, they would be open to increasing benefits in line with other City Police Departments. POA indicated that they agreed to reevaluation, -2- however wanted Oementation language in agreenl�c and a commitment on the part of the City. POA again reiterated that it was difficult to sell contingency language to its members and wished to only negotiate definite commitments at this point. City indicated it would agree to make recommenda- tions for increases in benefits should overall survey disclose Huntington. Beach is not in line with movement in other Cities® POA agreed to meet upon call of Personnel Director. Meeting adjourned, SUBMITTED BY: onald J. L is Assistant ersonnel Director y_ CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT POLICE OFFICERS ASSOCIATION NEGOTIATIONS MINUTES May 17, 1972 Administrative Annex 9:30 A.M. Present: POA: Ron Pomeroy, Don Jenkins, Mike Gutsch. City: Captain Payne, Ed Thompson, Ben Arguello, Don Lewis and Mr. Rowlands. City opened discussion with possibility of one or three year agreement between City and POA to avoid year to year negotiations and also establish fixed benefits and fixed costs for budget purposes. POA indicated they were responsive to such pro- posal dependent upon salary and benefit conditions. 1. CHP Retirement. City stated their position opposed this program unless state funds were provided. Cost to City would be 600,000 to 700,000 dollars annually for safety personnel. City opposed state mandate of program unless funds accompanied it. POA indicated there was some talk and action in legislature to indicate the state may provide bond issue to finance the program. POA also indicated that such legislation had good chance of passing in the future and thought the longer City waited, costs would be higher. City responded that retirement systems should be carefully evaluated and funded, cited Los Angeles problem as example of retirement system not funded on sound actuarial principles. Result was heavy tax burden to local property owners and some danger that system was not funded totally for the members. Captain Payne questioned that early retirement could be benefit to City since it was doubtful that officers in their 50's could or should be placed in black and white patrol units to conduct normal patrol operations. Believes early retirement would increase quality of protection by Police forces. City reiterated position opposed to this program unless funds are provided for implementation. 2. Annual Physical. City indicated that initial estimates of physicals requested by POA show $150 to $200 per man per year cost. City also indicated that it favored some type of physical program though doubted that all officers needed physical each year. Perhaps physicals could be increased as officers grew older and be made yearly for those officers age 45 and above. This proposal to be taken under study by POA, however, seemed to agree on basic part. City is currently making study of general physical examinations available in the area, either by present -1- medical contract, hospitals or some type of clinic approach. City will withhold �. its recommendations on this subject until total study is made. POA indicated that members have reservation about future study commitmentsin Memorandums. Recommended that final fixed date of study reports and implementation be set, in writing, in Memorandum. City agreed and proposed November 1st as deadline of report. Mr'. Rowlands indicated that any promises made by City, at this time, would be kept. per agreement. POA indicated that a study proposal might be possible if language for Memorandum could be worked out. 3. Dental Plan. City indicated cost for this proposal ranged from $4.50 per month to $9.00 per month on those companies in plans surveyed. Also many benefits in dental care programs are not very satisfactory and in fact often exclude orthodontia and dental surgery which are high cost items. POA submitted example of L.A. Police Relief Association program showing prepaid dental plan. City maintained certain types of benefits should be applicable to all employees. POA indicated that then L.A. Police plan was available to non -police members. It was submitted as an example of plans that are currently being developed for public employees. POA also raised question of mutual benefits versus individual responsibility for employee. POA, at present, has no authority to speak for other employees. City agree, however any program of this nature would appear to be a uniform type benefit. City reponded that until insurance committees developed full study of medical, dental and sick leave programs, the present answer was no on this subject. 4. Reduction in 480 clause. City again proposed that the sick leave and medical benefit study would also fit into this proposal. POA countered that the sick leave was an incentive system for prudent use and doubted that anew proposal, as indicated by City would have same effect. POA indicated their members felt strongly on this 480 clause reduction and wished to propose again to the City that said reduction be implemented. City answered that initial response was "no" until joint study had been conducted, also that on evaluation of benefits of this nature, City appeared to be in line with other jurisdictions in area. POA indicated that study proposals and Memoranda of Understanding needed time and dates for implementation. 5. Pav Raise of 10% for all Sworn Officers. City requested rationale for this figure. POA indicated that it was a starting point for negotiations and had not been developed from survey. City responded that cost of living was 3.93 and the City was generally talking a 4 to 5% increase for salary cost for coming fiscal year. City believes that with present wage/price guidelines, the settlement would be typical and maintain a fairly sound position for the City of Huntington Beach. City also believes that they must maintain equity and proper relationships among -2- all City employees as well as the external market. POA strongly developed a concept of quality of service to Huntington Beach. It stated that its arrest record, conduct of officers,would exceed, at least the major Police Departments in this area. Firmly believe that the quality of officer for Huntington Beach was superior and that recognition of this was just. City also pointed out that, in addition to salary, a fairly comprehensive education program had been available to more than 80 Police officers. Some of these benefits ran in excess of 7% of the officer's salary. City inquired whether POA would renegotiate some elements of the education program. POA responded in the negative on this issue. 6.. Detective Pay at rate of $25 per month. POA pointed out that, according to prior meeting's minutes, there was some confusion on this issue. POA was not attempting to reinstate special assignment pay but rather provide some type of "allowance"for investigation personnel. Uniformed officers presently receive clothing maintenance benefits due to their present assignment. Detectives who wear their own clothing do not receive these benefits and consequently increase wear and tear on privately owned material. City indicated that employees who held jobs which required them to wear civil -tan clothing were not compensated for this act, that only members of uniformed services, or employees whose present duties require the wearing of uniforms,receive any benefit. Ci:y also suggested that Detectives volunteered for those assignments to aid thei-: own background and experience and that these assignments, according to the Chief, were not intended to be held longer than four lothes years. Also, that damage to civil.an/ rom occupational hazards, was compensated under present palicy. City declin-,d this proposal any further, 7. Senior PatrolmaaPU. City viewed this proposal as longevity a -ad finds it incon- sistent with present educational pey program. POA indicated and Capt. Payne agreed that present Police administration was studying the concept of an inter- mediate rank between Patrolman and Sergeant. This rank had nothing to do with. longevity, would require special skills to be tested, and would fall under normal promotional scheme. This proposal, :ipon completion, will be submitted to the City Administrator. The City agreed that this type of�proposal was different from longevity and would rather wait for the Chief of Police to fully develop the program. POA indicated that this was agreeable and that they had not previously known of study of this issue. City inquired whether POA would consider it appropriate for a draft Memo of Understanding for next meeting. POA indicated it did not think it was appropriate, that few of their requests had any answers they would recommend to their members. -3- Summary of negotiations only involve 4 to 5% increase and promise for study. POA also indicated that since there was a lack of new Police Officer positions, the present officers would be required to handle the increasing work load. POA did not feel that it could negotiate a multiple year contract under these terms. City responded that otter elements of the budget would take up the slack, ie. large dictation system to free officers from paper work problems, also that alternatives in funding might provide additional officers if such alternatives were considered by City Council. POA said that they would discuss proposals with members but were not optomistic. Meeting adjourned 11:30 A.M.. Will reconvene on call of Personnel Director. SUBMITTED BY: D nald J. Le is Assistant P rsonnel Director -4-