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HomeMy WebLinkAboutHuntington Beach Police Officers' Association (HBPOA) - 2016-05-16Dept. ID HR 16-013 Page 1 of 2 Meeting Date: 5/16/2016 Approved 5-2 (Posey, Peterson -No) CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/16/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Approve the Tentative Agreement and Introduction of Proposed Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (HBPOA) for the period October 1, 2015, through September 30, 2017 Statement of Issue: The City and the Huntington Beach Police Officers' Association (HBPOA) have tentatively agreed to enter into a new Memorandum of Understanding (MOU) for the period October 1, 2015, through September 30, 2017. Financial Impact: Funding for the implementation of the fiscal items contained in the proposed Memorandum of Understanding will come from the General Fund. The fiscal impact for FY 2015/16 and FY 2016/17 is estimated by Finance to be $583,793 and $1,737,668, respectively, totaling $2,321,461 over the term of the agreement. Funds for FY 2015/16 have been included in the approved budget. No additional appropriation is required. Recommended Action: Approve the Tentative Agreement and the Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Police Officers' Association and the City of Huntington Beach for the period October 1, 2015, through September 30, 2017. Alternative Action(s): Do not approve the tentative agreement and the introduction of the proposed successor MOU for HBPOA employees and direct staff to continue to meet and confer with the Association or utilize the impasse procedures contained within the City's Employer - Employee Relations Resolution. Analysis: Representatives for the City and the HBPOA have been involved in active negotiations over a period of several months and have completed the meet and confer process with a tentative agreement on a proposed Memorandum of Understanding (MOU) for the period of October 1, 2015, through September 30, 2017. Highlights from the listing of tentatively agreed upon pay and benefit changes include the following: Medical Benefits The City's monthly contributions to medical plans will match the PORAC medical plan tiers (not to exceed the monthly plan premiums): • Single $699 • Two Party $1399 • Family $1789 Dept. ID HR 16-013 Page 2 of 2 Meeting Date: 5/16/2016 • Opt -Out $699 The City's contribution to medical plans for the 2017 benefit plan year will not increase. City contributions to dental and vision benefits did not increase for 2016 and will not increase for the 2017 benefit plan year. Wage Increases Effective October 2016, members of this unit shall receive a 3% wage increase. Miscellaneous/PORAC Retiree Medical Trust The City shall contribute $100 per employee, per month to the PORAC Retiree Medical Trust. This benefit will continue until a successor MOU is approved by City Council or until the parties reach the point of impasse for a successor MOU. There were other appropriate modifications to a variety other provisions including, but not limited to, deletion of obsolete language, regulatory compliance language changes and, general clean-up language. A summary of these and all other negotiated provisions are included as Exhibit "A" Environmental Status: N/A Strategic Plan Goal: Strengthen economic and financial sustainability Enhance and maintain public safety Attachmentfs): 1. Tentative Agreement 2. Fiscal Impact Report 3. Proposed Memorandum Of Understanding - Exhibit "A" 4. PowerPoint City of Huntington Beach HB Police Officers'Association (HBPOA) Tentative Agreement April 19, 2016 Article I -Term of Agreement October 1, 2015 through September 30, 2017 Article VI - Salary Schedule All unit employees shall receive a wage increase of 3% effective the beginning of the pay period that includes October 1, 2016. Article X - Health and Other Insurance Benefits A. Retiree Medical Trust I .Effective on the first day of the pay period following City Council approval of this MOU, the City shall contribute $100 per employee, per month to the Trust. b. Maximum Employer Contributions toward Flex Benefits Effective the beginning of the pay period following City Council approval of this agreement, City contributions to medical premiums shall be: PORAC Tier $699.00 Employee Only $1399.00 Two-party $1789.00 Family $699.00 Opt -out Tentative Agreement - 04/19/16 A Hu preys, President � YY POA Negotiations Team !► ` Dennis Hashin, POA'Negotiations Team (�?Oct� za4otw� Corwin Bales, POA Negotiations Team J uss, P A Agotiations Team Rob Wexler, Chief Negotiator :en Domer, Assistant City Manager , Captain Chief Negotiator JJ HUNTINOTON BEACH City of Huntington Beach PDA to City Proposal Dated: April 12, 2016 Term: 10/1/2015 - 9/30/2017 FISCAL IMPACT REPORT MOU Item 1 # DescriptionTotal Term: October 1, 2015 to September 30, 2017 FY Estimated 2015/16 FY2016/17 Estimated Estimated Annual 2.a. Medical Insurance Premiums Increase $ 484,193 $ - $ 484,193 2.b. Monthly Contributions to PORAC Retiree Medical Trust per FTE $ 100.00 $ 99,600 $ 199,200 $ 298,800 See below* Subtotal Medical Proposal Request $ 583,793 $ 199,200 $ 782,993 3 Base Building Compensation effective Oct. 1, 2016 3.00% $ 1,538,468 $ 1,538,468 TOTAL FISCAL IMPACT $ 583,793 $ 1,737,668 $ 2,321,461 *This has a potential additional monthly expense in case a successor MOU is not in place by September 30, 2017 amount of $24,900. FY 2015/16 fiscal impact assumes June implementation date. Does not include the impact of normally occurring CalPERS Rate increases, estimated at $647,257, that will increase City costs based on prior MOUs and CalPERS Rate changes. Note: CalPERS Rates increase from 42.969% to 45.123% to 48.1% for Safety and from 24.843% to 26.493% to 28.6% for Miscellaneous (Non - Safety). Amounts are subject to change based on eligibility for Special Pays, merit increases, etc. FY 15/16 full annual impact, pro -rated cost will be included at the time of Council adoption. Estimated impact amounts include current FY 2015/16 Revised Funded FTE Positions; the funding of previously defunded 8.00 Police Officers and 2.00 Communication Operators These estimates are subject to change. 4/28/2016 For Discussion Purposes Only. 4:11 PM LEGISLATIVE DRAFT Memorandum of Understanding Between Huntington Beach Police Officers' Association and City of Huntington Beach October 1, 20153 — September 30, 20175 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS' ASSOCIATION TABLE OF CONTENTS PREAMBLE.................................................................................................................................1 ARTICLE I - TERM OF MOU.......................................................................................................1 ARTICLE II - REPRESENTATIONAL UNIT/CLASS...................................................................1 ARTICLE III - MANAGEMENT RIGHTS......................................................................................2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT......................................................2 ARTICLE V - SEVERABILITY.....................................................................................................2 ARTICLE VI - SALARY SCHEDULE...........................................................................................2 ARTICLE VII - SPECIAL PAY.....................................................................................................3 A. Police Professional Development Plan.................................................................................3 B. Flight Pay..............................................................................................................................4 C. Certified Flight Instructors.....................................................................................................5 D. Shift Differential.....................................................................................................................5 E. Motor Pay..............................................................................................................................5 F. Bilingual Pay.........................................................................................................................5 G. Holidays................................................................................................................................6 H. FTO Compensation...............................................................................................................7 I. Longevity Pay........................................................................................................................7 J. Effective Date of Special Pays.............................................................................................. 7 K. No Pyramiding of Special Pays.............................................................................................8 L. Nurse Pay.............................................................................................................................8 ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT .......................................8 A. Uniforms................................................................................................................................8 B. Special Assignment Uniform Needs......................................................................................9 C. Motorcycle Britches...............................................................................................................9 ARTICLE IX - HOURS OF WORK/OVERTIME...........................................................................9 A. Work Schedule......................................................................................................................9 B. Other Time..........................................................................................................................10 1. Compensatory Time........................................................................................................10 2. Work Time.......................................................................................................................12 3. Subpoena Compensation................................................................................................12 4. Standby Pay....................................................................................................................13 5. Call Back.........................................................................................................................13 6. Telephonic Business........................................................................................................13 7. Canine Compensation.....................................................................................................13 8. Shift Trading....................................................................................................................14 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS................................................14 A. Retiree Medical Trust..........................................................................................................14 B. Health..................................................................................................................................15 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS' ASSOCIATION TABLE OF CONTENTS ARTICLE XI - RETIREMENT.....................................................................................................22 A. Classic Safety Employee Retirement Benefits....................................................................21 B. Classic Miscellaneous Employee Retirement Benefits........................................................21 C. Retirement Benefits for Safety and Miscellaneous Employees...........................................22 D. CalPERS "New Member" Retirement Benefits....................................................................23 E. "New Members" Safety Retirement Benefits.......................................................................23 F. "New Members" Miscellaneous Retirement Benefits...........................................................23 ARTICLE XII - LEAVE BENEFITS.............................................................................................25 A. Vacation.............................................................................................................................. 25 1. Anniversary Date.............................................................................................................25 2. Annual Vacation...............................................................................................................25 3. Vacation Accrual..............................................................................................................25 4. Vacation...........................................................................................................................26 5. Vacation Pay at Separation............................................................................................. 26 6. Vacation Conversion to Cash...........................................................................................26 7. Deferred Compensation/Vacation Cash Out....................................................................25 B. Sick Leave Compensation...................................................................................................26 C. Bereavement Leave............................................................................................................ 27 D. Leave Benefits Entitlement..................................................................................................27 E. Catastrophic Leave Donation Program...............................................................................27 F. Nurse Employees Certification............................................................................................27 G. Cash Out of Compensatory Time........................................................................................27 H. Association Business.......................................................................................................... 28 ARTICLE XIII - CITY RULES.....................................................................................................28 A. Tuition Reimbursement.......................................................................................................28 B. Meal Allowance...................................................................................................................28 1. Per Diem..........................................................................................................................28 2. Per Diem Schedule..........................................................................................................29 C. Mileage Allowance.............................................................................................................. 29 D. Weapon Vesting..................................................................................................................29 E. Controlled Substance and Alcohol Testing..........................................................................29 F. Take Home Vehicles/ Distance to Work..............................................................................29 G. Administrative Appeal Procedure........................................................................................30 H. Direct Deposit......................................................................................................................30 I. Meet and Confer................................................................................................................. 29 J. Physical Fitness Program....................................................................................................29 ARTICLE XV - CITY COUNCIL APPROVAL.............................................................................31 EXHIBIT A - SALARY SCHEDULE...........................................................................................31 EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME...................36 EXHIBIT C — RETIREE MEDICAL SUBSIDY............................................................................38 EXHIBIT D - ADMINISTRATIVE APPEAL PROCEDURE.........................................................38 EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION..........................................41 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS' ASSOCIATION TABLE OF CONTENTS EXHIBIT F - JOB SHARING PROGRAM..................................................................................45 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (Hereinafter called ASSOCIATION or POA) U:11e1i41-14Z 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, 20153 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, 20153 and ending at 11:59 p.m. on September 30, 20175. 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 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 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. Adjustments to Salary — Effective at the beainnino of the oav period which includes October 1, 2016, all classifications of the baraainino unit shall receive a three percent (3%) wage increase Effective the fin"+ day of the r Fell r ied fellr.. iRg !`9URGil a ,al of this M(DI Isviemnit m mhe Fr shall Fegeive. a fe-4 nnr+ +h Fee ,,,,.,. ers PeFGeRt in 759) to their hourly salary rates by classification title and salary range as set out in Exhibit A. Wen sviem unit m mhe.Fr shall LE DRAFT POA MOU October 1, 20154 — September 30, 20175 2 POLICE OFFICERS' ASSOCIATION 9-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). LE DRAFT POA MOU October 1, 20154 — September 30, 20175 3 POLICE OFFICERS' ASSOCIATION 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 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. 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. InitialeEligibility 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 emolovee under Section (A) (Police Professional Development Plan) is twelve percent (12%) of the base hourly rate. In addition, Sergeants may be elioible for ea-v POST Supervisory Leadership Institute oav 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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 4 POLICE OFFICERS' ASSOCIATION 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 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 Pav 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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 5 POLICE OFFICERS' ASSOCIATION 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 LLanguage. 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. 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) LE DRAFT POA MOU October 1, 20154 — September 30, 20175 6 POLICE OFFICERS' ASSOCIATION 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 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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 7 POLICE OFFICERS' ASSOCIATION 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 Pa v - Each special pay is a percentage of that emolovee's base hourly rate of pay and shall not be counted towards the value of any other special pay. L. Nurse Pa v - 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 8 POLICE OFFICERS' ASSOCIATION B. Special Assionment 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. 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 -remain effect during the life f this agreement 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 9 POLICE OFFICERS' ASSOCIATION 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 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 1/2) 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 1/2) 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. Comoensatory 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 10 POLICE OFFICERS' ASSOCIATION 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 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." During the term of this MOU, the Association and the Police Chief will participate in discussions to try and develop a CTO Usage Policy. However there will be no implementation of such policy without the mutual written agreement of the Association and Police Chief. The parties agree if by September 30, 20175 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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 11 POLICE OFFICERS' ASSOCIATION 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_periodweek. c. Compensatory time off taken during the work periodwee*. d. Any other paid leave time taken during the work periodwee-k- 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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 12 POLICE OFFICERS' ASSOCIATION 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 Pa v - 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. 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 13 POLICE OFFICERS' ASSOCIATION 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 Trading 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. 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 participant 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 oav period following City Council approval of this 7J[�llti<.Tal'ii 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 14 POLICE OFFICERS' ASSOCIATION 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; 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 Emolovees' Medical and Hospital Care Act (PEMGHCA. All employee contributions shall be deducted on a pre-tax basis. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 15 POLICE OFFICERS' ASSOCIATION 1. CaIPERS Public Emplovees' Medical and Hospital Care Act The City presently contracts with CaIPERS to provide medical coverage. The City is required under CaIPERS PEMGHCA 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 CaIPERS for medical insurance. In addition, while the City is in CaIPERS, its obligations to make payments on behalf of retirees shall be limited to the required statutory minimum payment. a. PEMGHCA Employer Contributions The City shall contribute on behalf of each employee, the required statutorvfnandated-minimum wed payment per month forleward the payment of premiums for medical insurance under the PEMHCA program. As the statutorvn;aPAa4ed minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. b. Maximum Emolover 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: Employee only ("EE") — The cost of the premium up to a maximum of @471 14 Effective A„^„M i 2044 this n ..+ +^ $634.00, Effective the beginning of the pay period following City Council final approval of this MOU, the amount is increased to $699.00. �_i. w-ii_Employee + one dependent ("EE" + 1) — The cost of the premium up to a maximum of $942 36 Effeetiy. August i 2014 the amount is ORGreased 4e-$1,186.00. Effective the beginning of the pav period following City Council final approval of this MOU, the amount is increased to $1,399.00 +v-iii_Employee + two or more dependents ("EE" + 2) — The cost of the premium up to a maximum a $4,225.^�. €#estive AQgust4,2044, t e amount to $1,507.00. Effective the beginning of the pav *-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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 16 POLICE OFFICERS' ASSOCIATION The annual maximum benefit for the Delta Dental PPO plan is $2000 (two thousand dollars). Fffpp4mvp QP4 bee , 201 3, 4The 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. 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 64a44 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 PEMHCA 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""^m^r^ d„m Af WRdeFstandiRg shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 17 POLICE OFFICERS' ASSOCIATION 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. Medical/Vision Opt -Out Employees covered by -a group health insurance�a� outside of a City -provided program (evidence of which must be supplied to the Human Resources Departmentl, may elect to discontinue City medical coverage and either direct the cash value of the City's Contribution Cap for employee only ("EE") medical coverage as described in Article X.AB.1.(b) be deposited into their Deferred Compensation account, or any other pre-tax program offered; or approved by the 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 In11111PMOM 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 Empoovee 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: LE DRAFT POA MOU October 1, 20154 — September 30, 20175 18 POLICE OFFICERS' ASSOCIATION 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 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. 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; LE DRAFT POA MOU October 1, 20154 — September 30, 20175 19 POLICE OFFICERS' ASSOCIATION 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, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance program. 8. Lono 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 20 POLICE OFFICERS' ASSOCIATION 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 21 POLICE OFFICERS' ASSOCIATION ARTICLE XI — RETIREMENT A. "Classic Member" Safety Emplovee Retirement Benefits[hn; 2. 3% @C@ 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. 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 - 111!!111111111!!1 IMF .TIVIP REP. members" pay their memberCalPERS . . . - (4.750%) of pensionable for a total of nine .- o. pensionable E}b) The City members" pay their memberCalPERS . . . - (4.750%) of pensionable for a total of nine .- o. pensionable E}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 % @C@ 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 22 POLICE OFFICERS' 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) 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) 5. Classic Miscellaneous CalPERS Member Contribution - .- .. heir - CalPERS .- • . • - of eight .- •' pensionable income. e}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 Emplovees - Self -Funded Supplemental Retirement Benefit — In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employee"s 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). LE DRAFT POA MOU October 1, 20154 - September 30, 20175 23 POLICE OFFICERS' ASSOCIATION 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). - Fffpist;vp QGi h-F , 2n10 ^Employees (both sworn and miscellaneous) shall pay one half of the normal cost rate, as established by CalPERS, as required by California Government Code Section 7522.30(c). E. "New Members" Safety Retirement Benefits CalPERS "New Member" Safetv Retirement Formula: 2.7% (@ Aae 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) — these 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. 4. 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 Members" Miscellaneous Retirement Benefits CalPERS "New Member" Miscellaneous Retirement Formula: 2% (b Aae 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 24 POLICE OFFICERS' ASSOCIATION 2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574) — these 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 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. 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). LE DRAFT POA MOU October 1, 20154 — September 30, 20175 25 POLICE OFFICERS' ASSOCIATION 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 Emolovees 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 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 day's 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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 26 POLICE OFFICERS' ASSOCIATION 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,_9F 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. 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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 27 POLICE OFFICERS' ASSOCIATION 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 DirectoEManager, employees may be compensated for actual cost of tuition, books, 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. 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 DirectoVaRageF 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: LE DRAFT POA MOU October 1, 20154 — September 30, 20175 28 POLICE OFFICERS' ASSOCIATION 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. 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). LE DRAFT POA MOU October 1, 20154 — September 30, 20175 29 POLICE OFFICERS' ASSOCIATION 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 MOLlemerandum of Understanding. 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. 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). The DhySinnl Fitness program whinh i set feNh OR at Sieben 208.9 of the City of WuRtiRgteR 9eaGh P91iGeen akmeRt Dr.lin. Manual. FsP;cdmfmpd a$--f^IcriwF1.: be eliminated. Any Physical Fitness time already 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 30 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 around 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 4uW.une 20164. CITY OF HUNTINGTON BEACH f Fred A. Wilson City Manager By: Robert Handy Chief of Police By: Peter J. Brown Chief Negotiator By: Michele Warren Human Resources Director By: JoAnn Diaz Principal Human Resources Analyst Sandy Henderson Human Resources Analyst By: Russell Reinhart9avid gtnett Police Captain HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION By: RiGhard Chen David Humohrevs POA President M al n Corwin Bales POA Member Yasha NikitinQAPA,0n R;;'Pr POA Member By: Shawn teDennis Hashin POA Member al Jeff Huss POA Member A��rpRobert Wexler PQA Mpmhp Chief Negotiator LE DRAFT POA MOU October 1, 20154 — September 30, 20175 31 POLICE OFFICERS' ASSOCIATION APPROVED AS TO FORM By: Michael E. Gates City Attorney LE DRAFT POA MOU October 1, 20154 — September 30, 20175 32 POLICE OFFICERS' ASSOCIATION EXHIBIT A - SALARY SCHEDULE © ©Mono© • - © _ - MMMMM ... MMMMM MMMMM © ©Manna MMMM • MMMMM LE DRAFT POA MOU October 1, 20154 — September 30, 20175 33 POLICE OFFICERS' ASSOCIATION EXHIBIT A - SALARY SCHEDULE Non -Sworn 094 IRGFease Effective September 27, 2014 Job No Job Description Pay Grade A B C D E 280 Communications Operator - PD POA280 28.77 30.36 32.03 33.80 35.66 281 Communications Supervisor - PD POA281 32.93 34.74 36.66 38.68 40.81 221 Detention Officer POA221 28.64 30.21 31.87 33.63 35.49 220 Detention Officer, Nurse POA220 30.11 31.76 33.50 35.35 37.29 222 Detention Shift Supervisor POA222 32.77 34.57 36.48 38.49 40.61 225 Police Recruit POA225 24.90 26.27 27.72 29.24 30.85 Sworn 994 IRGFease Effective September 27, 2014 Job No Job Description Pay Grade A B C D E 223 Police Officer POA223 36.20 38.19 40.29 42.50 44.84 159 Police Sergeant POA159 46.46 49.01 51.70 54.56 57.55 Non -Sworn 3.0% Increase Effective September 24, 2016 Job No Job Description Pay Grade A B C D E 280 Communications Operator - PD POA280 29.63 31.27 32.99 34.81 36.73 281 Communications Supervisor - PD POA281 33.92 35.78 37.76 39.84 42.03 221 Detention Officer POA221 29.50 31.12 32.83 34.64 36.55 220 Detention Officer, Nurse POA220 31.01 32.71 34.51 36.41 38.41 222 Detention Shift Supervisor I POA222 1 33.75 1 35.61 1 37.57 1 39.64 41.83 225 Police Recruit POA225 25.65 27.06 28.55 30.12 31.78 LE DRAFT POA MOU October 1, 20154 - September 30, 20175 34 POLICE OFFICERS' ASSOCIATION EXHIBIT A - SALARY SCHEDULE Sworn 3.0% Increase Effective September 24, 2016 Job No Job Description Pay Grade A B C D E 223 Police Officer POA223 37.29 39.34 41.50 43.78 46.19 159 Police Sergeant POA159 47.85 50.48 53.25 56.20 59.28 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 35 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 they a -on duty, shall obtain permission #ef-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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 36 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 37 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 Reouirements 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 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 38 POLICE OFFICERS' ASSOCIATION EXHIBIT C — SERVICE CREDIT SUBSIDY 4. Minimum Eligibility for Benefits — With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has 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. 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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 39 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 40 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) writtene##iG4 reprimands; and (ii) transfer for purposes of punishment with no loss of oayounotoye transfers that d not involve a less of pay, and 000 n„n;+;., +. sfeFr +hat ,+ee r-A lee 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. b-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.° it ,+ees Ret apply + a ReR puRitive. +r. Rsf .r hlin ffi r that does + less f mese „--a-p�..� etyF-o,,,se�-�,�--�Tne�� �„--a-����y (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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 41 POLICE OFFICERS' ASSOCIATION EXHIBIT D — ADMINISTRATIVE APPEAL PROCEDURE 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. 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 42 POLICE OFFICERS' ASSOCIATION EXHIBIT D — ADMINISTRATIVE APPEAL PROCEDURE 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. 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 43 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. Elioible Leave Accrued compensatorytime 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. Elioibility 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 LE DRAFT POA MOU October 1, 20154 — September 30, 20175 44 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 a44 Authorization for -Leave Donation Form to the Finance Department W---P;;;n Q,,..,,,,.ges Divisien (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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 45 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. (~tease Nrnnt or type: Last, first, M9 ob Title: Requester Signature: Department Director Signature of Support: Human Resources Division Use Only End donation date will bridge to: ❑ Long Term Disability ❑ Medical Retirement beginning ❑ Length of FMLA leave ending ❑ Return to work Human Resources MaRage4,-Director Signature: I D#: donation date: Please return this form to the Human Resources Office for processing. LE DRAFT POA MOU October 1, 20154 - September 30, 20175 46 POLICE OFFICERS' ASSOCIATION EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) ork Phone: Donor Job Title: Type of Accrued Leave: Number of Hours I wish to Donate: ❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave 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: name donor Signature: Date: Please submit to Payroll in the u'-'-M R ResGU PS ^^ iSiORFinance Department. LE DRAFT POA MOU October 1, 20154 - September 30, 20175 47 POLICE OFFICERS' ASSOCIATION EXHIBIT F — JOB SHARING PROGRAM A. Definition Job Sharing: Two employees share one job, subject to the following conditions: B. Elioibility 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 48 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 the five (5) year term. Job sharing candidates leaving the position would be eligible for re-entry after one year in patrol. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 49 POLICE OFFICERS' ASSOCIATION EXHIBIT G — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION This Labor Manaaement Alternate Dispute Resolution Aoreement ("Aoreement") 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 pavments for total or partial disability, temporary disability, or medical treatment fully paid by the emplover as otherwise provided in Division 4 of the Labor Code. Nothing in this Aoreement 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 iniury as defined by California Labor Code (hereinafter "Labor Code") section 3212 et sea. with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of the Agreement; 3. To reduce the number and severity 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 3201.7©. Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows: Article II. Term of Agreement LE DRAFT POA MOU October 1, 20154 — September 30, 20175 50 POLICE OFFICERS' ASSOCIATION EXHIBIT G — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT The City and HBPOA enter into this Aareement with the understandina that the law authorizing this Aareement is new, untested and evolving. The parties further understand that this Agreement governs a pilot program and that it will become 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 iniury sustained before the termination of this Agreement shall continue to be covered by the terms of this Aareement, until all medical issues related to the pending claim are resolved. Any medical issue resolved under this Aareement shall be final and binding. The parties reserve the riaht to terminate this Aareement 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 aaree to meet and confer in good faith to try and resolve the issues underlvina the termination durina 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 Aareement applies only to injuries, as defined by Workers' Compensation Law, claims by 1) active employees; 2) retirees who claim a presumptive iniury 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 Aareement does not apply to any other retired employees. This Aareement does not cover post -retirement amendments to active claims. B. Employees who are covered under this Aareement remain covered durina the entire period of active employment. C. Injuries occurrina and claims filed after termination of this Aareement are not covered by this Aareement. D. This Aareement is restricted to establishina 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). LE DRAFT POA MOU October 1, 20154 — September 30, 20175 51 POLICE OFFICERS' ASSOCIATION EXHIBIT G — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT 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 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 iniury, 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 copv to the employee's legal representative if represented and a copv to HBPOA. Objections from the employee or employee's legal representative will be sent to the employee's assigned Claims Examiner with a copv 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 iniurv. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 52 POLICE OFFICERS' ASSOCIATION EXHIBIT G — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT 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. G. Appointments. a. The Claims section of the Workers' Compensation Division shall make woointment(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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 53 POLICE OFFICERS' ASSOCIATION EXHIBIT G — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT 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 oarty'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. 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. LE DRAFT POA MOU October 1, 20154 — September 30, 20175 54 City Council Meeting May 16, 2016 POLICE OFFICERS' ASSOCIATION (POA) TENTATIVE AGREEMENT & PROPOSED MOU MANAGEMENT EMPLOYEES ORGANIZATION (M EO) SUCCESSOR MOU HB Police Officers' Association 0 249 Budgeted Positions o Police Officer o Police Recruit o Police Sergeant o Communications Operator (Dispatch) o Communications Supervisor (Dispatch) o Detention Officers (Jail) o Detention Shift Supervisor (Jail) POA Tentative Agreement o Term of Agreement • October 1, 2015 — September 30, 2017 o Retiree Medical Trust • City to contribute $100 per employee, per month to the PORAC RMT o Wages • 3% wage increase effective October 2016 POA Tentative Agreement o Medical • City contributions to PORAC/PEMHCA medical plans Single - $699 Two Party - $1399 Family - $1789 Opt -out - $699 o Estimated Cost of Agreement - $2,321,461 TMet—w■ 14,010 •4 ' ['*I t I Management Employees' Organization 0 100+ Employees o Engineers o Planners o Attorneys o Administrative Analysts o Finance Managers o Public Works Division Managers MEO MOU o Term of Agreement • November 1, 2015 — October 31, 2017 o Special Pay • Increase Tuition Reimbursement by $250 to $1,750 per fiscal year o Administrative Leave/General Leave • Increase annual Administrative Leave bank by 10 hours to 60 hours per calendar year (no cash value, no carryover) • General Leave Overage — not available to new hires effective October 2016 MEO MOU o Medical Benefits • Increase City contribution to medical $200 per month, per medical plan, per enrollment tier (up to the cost of the plan premium). o Wages • 2% effective October 2016 o Estimated Cost of Agreement-$728,714