HomeMy WebLinkAboutRobert Handy - 2018-02-20Dept. ID AD-18-004 Page 1 of 2
Meeting Date: 2/20/2018
�cv ti �� v)
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 2/20/2018
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Lori Ann Farrell Harrison, Assistant City Manager
SUBJECT: Approve and authorize execution of the updated Employment Agreement for the
Non -Represented Employee position of Police Chief for five -years through 2023
Statement of Issue: In November 2017, the City commissioned Management Partners, a
professional consulting firm, to conduct a study of the issues and challenges facing the Huntington
Beach Police Department at the request of the Huntington Beach Police Officers Association. A
lengthy and detailed study was done. The study included dozens of one-on-one interviews, three
focus groups of sworn and non -sworn staff, a confidential online survey in which 219 employees
participated, and a review of five -years of FBI statistics, as well as other pertinent data and
documents. On February 9, 2018, Management Partners issued its report entitled "City of
Huntington Beach Police Department Assessment Issues Study." The report contains 16
recommendations to address issues identified in the study.
An update to the Police Chief's contract for a five-year term is requested in order to help ensure the
development of a five-year Strategic Plan for the department, ensure consistency in the
implementation of the report's recommendations, provide continuity of leadership, promote staff
development and training throughout the Department, and develop a shared vision as
recommended in the report.
Financial Impact:
The position of Police Chief is budgeted in the Fiscal Year 2017/18 Adopted Budget. No additional
funding is requested or required. Funding for all department head positions, including the Chief of
Police, in future years will be contained in out -year budgets.
Recommended Action:
Approve the updated "Employment Agreement Between the City of Huntington Beach and Robert
Handy" through 2023 and authorize the City Manager to execute the Agreement.
Alternative Action(s):
Do not approve the updated Employment Agreement and provide alternative direction to staff.
Analysis: In 2013, the City conducted a competitive national recruitment for a new Police Chief.
Requirements for the position included being a visionary and creative leader to serve as an
advocate for progressive police operations and a focus on future department structural and
operational needs; a high level of dedicated customer and community service; prudent fiscal
management; innovative and cost-effective strategies to provide quality, professional services to
residents, businesses and visitors; and, promoting high performance within the department.
Item 5. - 1 HB -104-
Dept. ID AD-18-004 Page 2 of 2
Meeting Date: 2/20/2018
Effective December 7, 2013, the City Council approved the appointment of Robert Handy to the
position of Police Chief for the City of Huntington Beach. After four years of service to the City, the
Police Department enjoys strong community support from both residents and the business
community. During Chief Handy's tenure, Huntington Beach has maintained a low crime rate as
compared to other cities its size in Orange County, the state of California, and the nation at large.
The Department is facing some challenges including reduced police officer staffing and aged police
facilities that the reliable leadership of Chief Handy will assist in remediating. In order to ensure the
successful implementation of the 16 recommendations contained in the Management Partners
report entitled "Huntington Beach Police Department Issues Assessment Study," it is recommended
that the City Council approve an updated Employment Agreement between the City of Huntington
Beach and Police Chief Robert Handy for a five-year term. This action will help ensure the
development of a five-year Strategic Plan for the department, consistency in the implementation of
the report's recommendations during that time period, continuity of leadership at the highest level
within the organization, staff development and training throughout the Department, and a shared
vision as recommended in the report.
In addition to the new five-year term, the updated Employment Agreement increases the severance
pay provision from three months to nine months.
Environmental Status: Not applicable.
Strategic Plan Goal:
Enhance and maintain public safety.
Attachment(s):
1. "Employment Agreement Between the City of Huntington Beach and Robert Handy"
HB -105- Item 5. - 2
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND ROBERT HANDY
THIS AGREEMENT is entered into this o��rn'day of J 1/rG�12018, between
the City of Huntington Beach, a California municipal corporation, hereinafter ("City,") and
Police Chief, Robert Handy, hereinafter ("Handy.")
RECITALS
Whereas, the City entered into an Employment Agreement between the City of
Huntington Beach and Robert Handy ("Original Agreement") as subsequently Amended on
September 15, 2014 ("Amendment I") and amended on July 18, 2016 ("Amendment 2") to serve
as the Department Head of the Police Department as the Chief of Police, on an ongoing
contractual basis at the pleasure of the City Council and City Manager; and
The City, through the City Manager and City Council, desires to solidify and continue to
retain the employment services of Handy as the Department Head of the Police Department, as
the Chief of Police of the City of Huntington Beach, for at least the next five years and thereafter
(5-year term) subject only to removal for just cause; and
The City seeks to continue to provide certain benefits, conditions of employment and
working conditions to Handy, as well as continue to provide any preexisting contractual duties of
the City and Handy; and
Except for continuing obligations, upon execution, this Agreement supersedes all other
Agreements and Amendments and the terms contained herein shall fully and completely control
the terms and conditions of the Employment Agreement between the City and Handy.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SECTION 1. DUTIES.
The City agrees to retain the employ of Handy as Chief of Police of the City to perform
the functions and duties of that office as set forth in the Municipal Code of the City of
Huntington Beach and the City Charter, and to perform other duties and functions as the City
Manager shall from time to time assign. Handy shall devote his full attention and effort to the
office and perform the mentioned duties and functions in a professional manner.
18-6309/174686
SECTION 2. STATUS AND FIXED TERM.
(a) Subject to the termination provisions set forth in Section 6, paragraphs (a), (b) and
(c) of this Agreement, and Section 401 of the Charter of the City of Huntington Beach, Handy
shall be employed for a term of five (5) years from the date of execution of this Agreement by
the City of Huntington Beach and shall be considered a full-time contract employee for the entire
term, and thereafter this Agreement shall continue until terminated as provided herein.
(b) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the
right of Handy to resign at any time from his position with the City, subject only to the
provisions set forth in Section 6, subparagraph (d), of this Agreement.
(c) Handy agrees to remain in the exclusive employ of City for a term of five (5)
years and shall neither accept other employment nor become employed by any other employer
without the prior written approval of the City Manager until notice of Handy's resignation is
given.
The term "employed" (and derivations of that term as used in the preceding paragraph)
shall include employment by another legal entity or self-employment; however, shall not be
construed to include occasional teaching, writing, consulting, or military reserve service
performed on Handy's time off, and with the advance approval of the City Manager.
SECTION 3. SALARY AND COMPENSATION.
City agrees to pay Handy for services rendered pursuant to this Agreement based upon
the Non -Associated Executive Management Salary Schedule, Pay Grade NA0011
($106.31/hourly/$221,124.80/annually) or Resolutions or Ordinances from time to time enacted
that govern such compensation.
SECTION 4. OTHER BENEFITS.
In addition to the foregoing benefits, Handy shall also receive all such other benefits that
are generally applicable to non -associated employees (Department Heads) as set forth in
Huntington Beach City Council Resolution No. 2016-50, entitled "A Resolution Of The City
Council Of The City Of Huntington Beach Modifying Salary And Benefits For Non -Represented
Employees," a copy of which is attached hereto as Exhibit "A" and incorporated by reference as
fully set forth herein. The benefits provided to Handy pursuant to this Section may be modified
by City from time to time, upon City Council adoption of a successor Resolution. In addition to
2
18-6309/174686
the aforementioned compensation and benefits, Handy will also receive the same compensation
and benefits as reflected in the operable Police Management Association ("PMA")
Agreement(s). The compensation and benefits include, among other things, Longevity,
Executive Certificate Pay, and FBI National Academy Certificate pay of 3% per year. Handy
shall continue to receive a total of I I% Longevity pay until such time PMA Longevity pay
increases past 11%, at which time Handy will receive increases that follow PMA increases. This
additional compensation and benefits will be kept current, effective, and will update
automatically as each PMA Agreement is reached and implemented by the City. Handy will
continue to receive NA Safety Health Insurance Premiums, NA Retirement Contributions, NA
Salary adjustments, and NA Leave Accruals. The loan obligations set forth in the Original
Agreement and amendments thereto shall remain in effect.
SECTION 5. ADMINISTRATIVE LEAVE.
The City Manager may place Handy on Administrative Leave with full pay and benefits,
upon establishment of "just cause," at any time during the term of this Agreement.
SECTION 6. TERMINATION AND SEVERANCE PAY.
(a) Handy shall not be removed, and his employment shall not be terminated, until
the City Manager and the City Council with consultation with the City Attorney have established
"just cause" for removal of Handy and have received approval for such removal by a majority
vote of the full City Council, pursuant to Article IV, Section 401(a) of the Huntington Beach
Charter. Pursuant to the above, the City Manager, with the consent of City Council, may
terminate the employment of Handy prior to the completion of the five-year term and the City
shall pay to Handy nine (9) months' pay equal to Handy's current salary payments allowable
under State Law, which Handy would have received at Handy's current rate of pay in effect on
the day prior to the date of termination. In addition, for the lesser of ninety (90) calendar days
after the date of termination or the time Handy secures health and medical insurance through
comparable employment, the City shall maintain and pay for health, medical, disability, and life
insurance in such amounts and on such terms as have been received by Handy and Handy's
dependents at the time of such termination; however, no other or additional benefits shall accrue
during this ninety (90) calendar -day period.
18-6309/174686
(b)(1) Notwithstanding subsection (a) above, the following reasons shall constitute
grounds to terminate the employment of Handy without paying severance:
(i) future conviction of any criminal act relating to employment with the City;
and
(ii) future conviction of a felony.
(b)(2) Prior to the time that the City Manager terminates Handy without severance pay
for any of the reasons set forth in Section (b)(1) above, and only in that case, the City Manager
shall provide Handy with written notice of proposed termination which contains the reason and
factual basis for such action. Within ten (10) days of such notice, Handy may request an
opportunity to respond to the reasons and factual basis provided by the City Manager. If such a
request to respond is made, the City Manager shall conduct a meeting, which may be informal in
nature, at which time Handy may respond to the notice of proposed termination. At such
meeting, Handy may be represented by an attorney of his choice and present evidence or
information relevant to the reasons and factual basis set forth in the notice of proposed
termination. Subsequently, the decision of the City Manager as to whether reasons set forth in
Section (b)(1) exist or do not exist shall be final as between the parties. The administrative
process described above does not supersede any rights afforded to public safety officers pursuant
to the California Government Code.
(c) In the event City, at any time during the term of this Agreement, reduces the
salary of Handy from its current level (except as part of an across-the-board reduction for all
Department Heads of the City), or in the event City refuses, following written notice, to extend
to Handy any non -salary benefit customarily available to all Department Heads of the City, or in
the event Handy resigns at the suggestion, whether formal or informal, of the City Manager that
he resign, then, Handy may, at his option, be deemed to be "terminated." The termination date
will occur then at the date of reduction or refusal to extend or such suggestion of resignation
within the meaning and context of the severance pay provision in subparagraph (a) above,
provided that the option to be deemed terminated is exercised by written notice from Handy and
delivered to the City Manager within ten (10) working days of notification of such reduction,
refusal to extend, or suggestion of resignation. In that event, the severance payment shall be
calculated from the date Handy exercises the option to be deemed terminated.
4
18-6309/174686
(d) In the event Handy voluntarily resigns his position, Handy shall give City written
notice at least sixty (60) days prior to the last workday, unless the City Manager and Handy
otherwise agree.
(e) It is understood that after notice of termination in any form, Handy and the City
will cooperate to provide for an orderly transition. Specific responsibilities during such
transition may be specified in a written separation agreement.
SECTION 7. DISABILITY.
If Handy is medically, physically disabled, or otherwise unable to perform his duties
because of sickness, accident, injury, mental incapacity or ill health, and has provided proof of
the same from a medical professional, he shall be eligible for Disability Leave upon exhausting
all accrued general leave and executive leave, and duty injury leave, if applicable. Disability
Leave shall be unpaid and shall be approved by the City Manager for a time period of up to three
(3) months. The length of such time period of the Disability Leave shall be dependent upon the
length of the disability as demonstrated by Handy. If Handy is unable to return to work at that
time, the City shall have the option to terminate the employment of Handy, subject to the
requirements imposed on City by Section 6, paragraph (a).
SECTION 8. PERFORMANCE EVALUATION.
The City Manager shall review and evaluate in writing the performance of Handy at least
once annually. That review and evaluation shall be in accordance with specific criteria
developed in consultation with Handy and the City Manager. Those criteria may be added to, or
subtracted from, as the City Manager may from time to time determine, in consultation with
Handy.
SECTION 9. GENERAL AND EXECUTIVE LEAVE.
Handy shall accrue General Leave in accordance with the General Leave accrual
provisions applicable to Department Heads of the City, as contained in the Non -Associated
Resolution (Exhibit "A"). Handy shall provide the City Manager with reasonable notice prior to
taking two or more General Leave or Executive Leave days off.
18-6309/174686
SECTION 10. PROFESSIONAL DEVELOPMENT.
The City agrees to budget and pay for Handy's professional memberships as normally
accorded to Department Heads. Handy shall also receive paid leave, plus registration, travel, and
reasonable expenses for short courses, workshops, conferences and seminars that are necessary
for his professional development and, in the judgment of the City Manager, for the good of the
City, and subject to budget limitations and to established travel policies and procedures.
SECTION 11. FINANCIAL DISCLOSURE.
Handy shall report to the City Manager any ownership interest in real property within the
County of Orange, excluding personal residence. Handy shall also complete and file annually
Financial Disclosure 700 Forms. Also, Handy shall report to the City Manager any financial
interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or
from which the City intends to make a purchase. Such reporting shall be made in writing by
Handy to the City Manager within ten (10) calendar days of the execution of this Agreement and
further, within ten (10) calendar days of acquisition of that interest in real property.
Additionally, Handy shall report in writing to the City Manager any financial interest greater
than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from whom City
intends to make a purchase immediately upon notice of the intended work or purchase.
SECTION 12. INDEMNIFICATION.
The City shall defend and indemnify Handy against actions, including but not limited to any:
professional liability claim or demand, or other non -criminal legal, equitable or administrative
action, arising out of an alleged act or omission occurring in the performance of Handy during the
discharge of his duties as an employee/officer of the City, other than an action brought by the City
against Handy, or an action filed against City by Handy.
The City shall pay the reasonable expenses for the travel, lodging, meals, and lost work time
of Handy should Handy be subject to such, should an action be pending after termination of Handy.
The City shall be responsible for, and have authority to compromise and settle, any action, with
prior consultation with Handy, and pay the amount of any settlement or judgment rendered on that
action. Handy shall cooperate fully with the City in the settlement, compromise, preparation of the
defense, or trial of any such action.
6
18-6309/174686
SECTION 13. GENERAL PROVISIONS.
(a) The text here shall constitute the entire Agreement between the parties.
(b) This Agreement shall become effective commencing execution by the City.
(c) If any provision, or any portion of any provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement,
or any portion of it, shall be deemed severable, shall not be affected and shall
remain in full force and effect.
(d) No amendment of this Agreement shall be effective unless in writing and signed
by both parties.
(e) Except for continuing obligations, this Agreement, upon execution, supersedes all
other Agreements and Amendments and the terms contained herein shall fully and
completely control the terms and conditions of the employment of Handy.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on
its behalf by its City Manager, and Handy has signed and executed this Agreement, both in
duplicate, the day and year first above written.
CITY:
Fred A` jWAsoA, City Manager
APPROVED AS TO FORM:
ry ��
�'
�a Michael E. Gates, City Attorney
CHIEF OF POLICE/HANDY:
6�' �4'1
Robert Handy
7
18-6309/174686
1r All
RESOLUTION NO. 2016-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
MODIFYING SALARY AND BENEFITS FOR NON -REPRESENTED EMPLOYEES
INCLUDING THE ELECTED CITY ATTORNEY, CITY CLERK, AND CITY TREASURER
WHEREAS, the City Council of the City of Huntington Beach desires to modify the
salary and benefits for Non -Represented Employees upon adoption of this Resolution.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. Salaries and Benefits for Non -Represented employees shall be as reflected
in Exhibit "A", attached hereto and incorporated by this reference.
SECTION 2. The salary range for the elected City Attorney, City Clerk and City
Treasurer shall be modified as reflected in the Non -Associated Executive Management Salary
Schedule —Exhibit 1.
SECTION 3. Benefits for the elected City Attorney, City Clerk and City Treasurer shall
be as reflected in Exhibit "A", attached hereto and incorporated by this reference.
SECTION 4. Resolution 2007-6, Resolution 2010-106, and Resolution 2014-94 are
hereby repealed.
SECTION 5. Any existing provisions in conflict with the foregoing, whether by minute
action or resolution of the City Council, are hereby repealed.
SECTION 6. All other benefits and salary ranges established and reflected in the Non -
Associated Employees Pay and Benefits Resolution 2016-50, shall continue unless modified by
City Council action.
RLS 6/27/16/16-5325/138993/MV
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the / 8"'6day of , 2016.
REVIEW ,� APPROVED:
City 1Vfan er
RLS 6/27/16/16-5325/138993/MV
OVED AI TO FORM:
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT A - NON -ASSOCIATED EMPLOYEES PAY AND BENEFIT
PROVISION...................................................................................................1
SECTIONI PAY..............................................................................................................1
A. SALARY SCHEDULE.................................................................................................
1
B. DIRECT DEPOSIT.....................................................................................................
1
C. ASSIGNED VEHICLE/AUTO ALLOWANCE .............................................. ............. I ... I....
1
1. Department Heads......................................................................................................................1
D. Deferred Compensation......................................................................................1
SECTION II — HOURS OF WORK/OVERTIME/TIME OFF .............................................
1
A. EXECUTIVE LEAVE...................................................................................................
1
B. FLEXIBLE AND ALTERNATIVE WORK SCHEDULES... .....................................................
2
1. 5/40 Work Schedule .............. ................ ........ -........... ,............................ ....................................
2
2. 9/80 Work Schedule....................................................................................................................2
3. Alternative Work Schedule..........................................................................................................2
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS ................................... 2
A. HEALTH INSURANCE................................................................................................
2
1. Medical, Dental and Vision Insurance.........................................................................................2
2. City and Employee Paid Health Insurance.................................................................................2
3. Medical Cash Out... ............................ ......................................................... ...............
4
4. Section 125 Plan.........................................................................................................................4
B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ...............................
4
C. LONG-TERM DISABILITY INSURANCE.........................................................................4
D. CITY -PAID PHYSICAL EXAMINATIONS........................................................................
5
E. MISCELLANEOUS.....................................................................................................5
F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL
RETIREESUBSIDY PLAN.................................................................................................
5
G. POST-65 SUPPLEMENTAL MEDICARE COVERAGE......................................................
6
SECTION IV — RETIREMENT....................................................................................
. 6
A. BENEFITS...............................................................................................................6
1. Self -Funded Supplemental Retirement Benefit..........................................................................6
2. Medical Insurance for Retirees...................................................................................................6
B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING ............
7
1. Miscellaneous Unit Members - ------ - - - -- - - --------...............................................................7
2. Safety Unit Members...................................................................................................................7
...
............... ......................8
3. IRS Code 414(h)(2)..........................................................
4. Pre -Retirement Optional Settlement 2 Death Benefit.................................................................8
5. Fourth Level of 1959 Survivor Benefits.......................................................................................8
6. VEBA Plan Requirements...........................................................................................................8
SECTIONV — LEAVE BENEFITS................................................................................10
Exhibit "A" to Non -Associated Resolution No. 2016-50 i
Item 25. - 5 HB -6.6
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
A. GENERAL LEAVE...................................................................................................
10
1. Accrual...................................................................................................................................10
...
2. Eligibility and Approval......................................................................................................I.,....10
3. Leave Benefit Entitlements.......................................................................................................10
4. Conversion to Cash..................................................................................................................10
B. HOLIDAYS AND PAY PROVISIONS.............................................................................
11
C. SICK LEAVE..........................................................................................................
11
1. Accrual......................................................................................................................................11
2. Credit.........................................................................................................................................12
3. Usage...................................................................................................
..................................12
4. Payoff at Termination................................................................................................................12
D. BEREAVEMENT LEAVE...........................................................................................
13
E. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ........................................
13
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN..................................................13
SECTION VII - MISCELLANEOUS...............................................................................13
A. COLLECTION OF PAYROLL OVERPAYMENTS.............................................................
13
B. UNIFORMS AND CALPERS REPORTING..................................................................
14
EXHIBIT 1 - NON -ASSOCIATED SALARY SCHEDULE.............................................15
EXHIBIT 2 - RETIREE MEDICAL PLAN......................................................................16
EXHIBIT 3 - 9180 WORK SCHEDULE..........................................................................20
EXHIBIT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION
............................. 22
Exhibit "A" to Non -Associated Resolution No. 2016-50 ii
uR _AS7
Item 2-5- -1
NON -ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS
EXHIBIT A
SECTION I — PAY
A. Salary Schedule
1. All current Non -Associated employees shall receive the salaries as identified in Exhibit
1.
2. The City Council shall set the salaries of the elected executive management positions
identified in Exhibit 1, at any rate within the designated salary range.
3. The City Manager is authorized to set the salaries of the non -elected executive
management positions identified in Exhibit 1 at any rate at or below the control point of
the designated salary range. The City Manager is authorized to increase the salary by
any percentage not greater than 5% based upon performance at annual review and
market data. However, no salary for a new employee may be set above the control
point at any time without City Council approval.
B. Direct Deposit
All Non -Associated employees are required to utilize direct deposit of payroll checks.
C. Assigned Vehicle/Auto Allowance
1. Department Heads
Appointed Department Heads and the City Clerk, City Treasurer, and City Attorney shall
have the option of an assigned City vehicle or an auto allowance in the amount of two
hundred thirty dollars and seventy-seven cents ($230.77) per bi-weekly pay period plus
reimbursement of out-of-town travel at the approved mileage rate.
D. Deferred Compensation
Effective the beginning of the pay period following City Council approval of this resolution,
each employee covered by this resolution, including the City Attorney, City Clerk and City
Treasurer, shall receive a one-time deposit to the employee's 457 Deferred Compensation
account in the amount of $3,800.00.
1. This shall be a single, one-time only deposit. All appropriate Federal and State legal
mandates regarding the tax -treatment of this one-time deposit shall apply.
SECTION II — HOURS OF WORK/TIME OFF
A. Executive Leave
Non -Associated exempt employees shall not be eligible for overtime compensation.
Exempt department heads shall be credited with eighty (80) hours of executive leave per
calendar year.
A" to Non -Associated Resolution No. 2016-50
iP.YTI 75 - 7 T-TR _tiC.S2
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
B. Flexible and Alternative Work Schedules
1. 5/40 Work Schedule
The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday
through Friday each week with a one -hour lunch during each work shift, totaling a forty
(40) hours work week.
2. 9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit 3, shall be defined as working nine (9)
days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9)
hours per day and working one (1) day for eight (8) hours (Friday), with a one -hour
lunch during each work shift, totaling forty (40) hours in each FLSA designated work
week. The 9/80 work schedule shall not reduce service to the public, departmental
effectiveness, productivity and/or efficiency as determined by the City Manager or
designee.
3. Alternative Work Schedule
Non -associated employees may elect any alternative work schedule approved by the
City Manager or designee.
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS
A. Health Insurance
1. Medical, Dental and Vision Insurance
The City shall continue to make group medical, dental and vision benefits available to
all Non -Associated employees.
2. City and Employee Paid Health Insurance
The City and the employee shall pay for health insurance premiums for employees and
qualified dependent(s) effective the first of the month following the employee's hire
date. The employee payroll deduction for premium contributions shall be deducted on
a pre-tax basis.
Such deductions shall be aligned with the effective date of coverage and the ending
date of coverage upon employment separation. The employee's payroll deduction
amount shall begin no later than the beginning of the first full pay period following the
effective date of coverage and pro -rated for coverage through the end of the month in
which employment was separated.
Exhibit "A" to Non -Associated Resolution No. 2016-50 T4R _(,SQ
Rem 2 5. -
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
iii. Employees shall not be entitled to the difference between the employer contribution
and the premiums for insurance plan(s) selected by the employee.
iv. Future Premiums
The City "caps" its contributions toward
plan premiums by category (EE, EE + 1,
i and ii above.
monthly group medical, dental and vision
and EE + 2 or more) as outlined in sections
The City agrees to increase the contribution toward monthly group medical by $200
per plan, per tier, effective following City Council approval of this resolution.
The employee and employer contributions rates set forth in sections i and ii above
shall remain in effect in 2017 and beyond unless otherwise modified by a successor
Non -Associated Resolution. Employee and City Contributions subject to change as
a result of City Council approval.
The City's contribution caps for dental and vision in effect as of August 1, 2014 shall
not be increased.
The City's contribution caps will remain in place, even if premium increases result in
these additional costs being borne by the employee.
3. Medical Cash O
If an employee is covered by a medical program outside of a City -provided program
(evidence of which must be supplied to Human Resources), the employee may elect to
discontinue City medical coverage and receive the monthly value of the City's
contribution to the lowest cost employee -only medical plan paid bi-weekly.
4. Section 125 Plan
Employees shall be eligible to participate in a City -approved Section 125 Flexible
Spending Account Plan the same as all other eligible employees, as provided by IRS
law. This plan allows employees to use pre-tax salary to pay for regular childcare,
adult dependent care and/or medical expenses.
B. Life and Accidental Death and Dismemberment Insurance
Each Non -Associated employee shall be provided with $50,000 life insurance and $50,000
accidental death and dismemberment insurance paid for by the City. Each employee shall
have the option, at his/her own expense, to purchase additional amounts of life insurance and
accidental death and dismemberment insurance to the extent provided by the City's current
providers. Evidence of insurability is contingent upon total participation in additional amounts.
C. Long -Term Disability Insurance
This program provides benefits for each incident of illness or injury after a waiting period of
thirty (30) calendar days during which the Non -Associated employee may use accumulated sick
leave, general leave, executive leave pay. Subsequent to the thirty-(30) day waiting period, the
employee will be covered by an insurance plan paid for by the City providing sixty-six and two-
thirds percent (66 2/3%) of the first $12,500 of the employee's basic monthly earnings up to a
maximum monthly benefit of $8,332.50. The maximum benefit period for disability due to injury
or illness shall be to age sixty-five (65).
Exhibit "A" to Non -Associated Resolution No. 2016-50 14q _t1A 1
Ttf-M95_-1
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Days and months refer to calendar days and months. Benefits under the plan are integrated
with sick leave, Worker's Compensation, Social Security and other non -private program
benefits to which the employee may be entitled. Disability is defined as: "The inability to
perform all of the duties of regular occupation during two years and thereafter the inability to
engage in any employment or occupation, for which he/she is fitted by reason of education,
training or experience." Rehabilitation benefits are provided in the event the individual, due to
disability, must engage in other occupation. Survivor's benefits continue the plan payment for
three (3) months beyond death. A copy of the plan is on file in the Human Resources
Department.
D. City -Paid Physical Examinations
Non -Associated employees shall be provided, once every two years, with a City -paid physical
examination comparable to the current pre -placement class physical examination or reimbursed
the amount authorized for said physical examination. No more than one-half of the eligible
employees shall receive examinations in any one fiscal year. Said exam shall be
comprehensive in nature and shall include:
1. A complete medical history, physical exam and review of results by physician.
2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis and stool
test for blood.
E. Miscellaneous
When a Non -Associated employee is on a leave of absence without pay for reason of medical
disability, the City shall maintain the City -paid insurance premiums during the period the
employee is in a non -pay status for the length of said leave, not to exceed twenty-four (24)
months.
F. Retiree Medical Coveraae for Retirees Not Eligible for the City Medical Retiree Subsidy Plan
Employees who retire from the City after January 1, 2004, and are granted a retirement
allowance by the California Public Employees' Retirement System and are not eligible for the
City's Retiree Subsidy Medical Plan may choose to participate in City -sponsored medical
insurance plans until the first of the month in which they turn age sixty-five (65).
The retiree shall pay the full premium for City -sponsored medical insurance for themselves
and/or qualified dependents without any City subsidy.
Employees who retire from the City and receive a retirement allowance from the California
Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy
Medical Plan and choose not to participate in City -sponsored medical insurance upon
retirement permanently lose eligibility for this insurance.
However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not
to participate in City -sponsored medical insurance plans because the retiree has access to
other group medical insurance, and subsequently loses eligibility for that group medical
insurance, the retiree and their qualified dependents will have access to City -sponsored
medical insurance plans reinstated.
tP.m ? 5 _ 1 ."to Non -Associated Resolution No. 2016-50 LTD /,/,-)
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or
qualified dependent turns age sixty-five (65).
G. Post-65 Supplemental Medicare Coverage
Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and
all future retirees who meet the criteria to participate in City -sponsored medical insurance, with
or without the Retiree Medical Subsidy Plan, may participate in City -sponsored medical
insurance plans that are supplemental to Medicare, after a contract is in place between the City
and a health insurance provider.
A retiree or qualified dependent must choose to participate in City -sponsored medical insurance
plans that are supplemental to Medicare beginning the first of the month in which the retiree or
qualified dependent turns age sixty-five (65).
The retiree shall pay the full premium to participate in City -sponsored medical insurance plans
that are supplemental to Medicare for themselves or qualified dependents without any City
subsidy.
Retirees or qualified dependents, upon turning age 65, who choose not to participate in the
City -sponsored medical insurance plans that are supplemental to Medicare permanently lose
eligibility for�this insurance.
SECTION IV — RETIREMENT
A. Benefits
1. Self -Funded Supplemental Retirement Benefit
In the event a Non -Associated employee member elects Option #1, #2, #2W, #3, #3W or
#4 of the Public Employees' Retirement law, the City shall pay the difference between
such elected option and the unmodified allowance which the member would have
received for his or her life alone 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 (Non -
Associated employee), shall be payable by the City during the life of the member, and
upon that member's death, the City's obligation shall cease. Unless previously excluded
by employment or resolution, eligibility for this benefit is limited to employees hired before
December 27, 1997.
2. Medical Insurance for Retirees
Upon retirement, whether service or disability connected, each Non Associated
employee shall be entitled to cause self, spouse and dependents to participate fully
in the City's group health insurance program at the equivalent of the City's group
premium rate in accordance with the provisions specified by Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA). Such participation shall be at
employee's expense and upon terms, conditions and restrictions currently in effect.
Exhibit "A" to Non -Associated Resolution No. 2016-50 PR
Ttem 2 5 - - 1'
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
b. As an alternative to the benefit described in paragraph IV.A.2.a above, the City will
provide a financial contribution towards the cost of retiree medical premiums as
described in Section VI.
R Public Employees' Retirement System Contributions and Reporting
Miscellaneous Members
a. The City shall provide all miscellaneous employees described as "classic members
by the Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain
retirement program commonly known and described as the "2.5% at age 55 plan"
which is based on the retirement formula as set forth in the California Public
Employees' Retirement System (CalPERS), Section 21354 of the California
Government Code.
b. Miscellaneous bargaining unit "classic members" shall pay to CalPERS as part of
the required member retirement contribution eight percent (8%) of pensionable
income. This provision shall not sunset.
c. The City shall contract with CalPERS to have retirement benefits calculated based
upon the "classic" employee's highest one year's compensation, pursuant to the
provisions of Section 20042 (highest single year).
d. The obligations of the City and the retirement rights of employees as provided in this
Article shall survive the term of this resolution.
e. For "New" Members within the meaning of the California Public Employees' Pension
Reform Act of 2013.
1) New Members shall be governed by the two percent at age 62 (2% @ 62)
retirement formula set forth in Government Code section 7522.20.
2) 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.
3) Effective January 1, 2013, "new" members as defined by PEPRA and
determined by CalPERS, shall contribute one half (50%) of the normal cost as
established by CalPERS.
2. Safety Members
a. The City shall provide all safety employees described as "classic" members by the
Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain
retirement program commonly known and described as the "3% at age 50 plan"
which is based on the retirement formula as set forth in the California Public
Employees' Retirement System (CalPERS), Section 21362.2 of the California
Government Code.
tPm 7 S _ 1 'A "to Non -Associated Resolution No. 2016-50 uu -��
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
b. All safety employees described as "classic" members shall pay to CalPERS as part
of the required member retirement contribution nine percent (9%) of pensionable
income. This provision shall not sunset.
c. The City shall contract with CalPERS to have retirement benefits calculated based
upon the "classic" employee's highest one year's compensation, pursuant to the
provisions of Section 20042 (highest single year).
d. The obligations of the City and the retirement rights of employees as provided in this
Article shall survive the term of this resolution.
e. For "New" Members within the meaning of the California Public Employees' Pension
Reform Act of 2013.
1) New Members shall be governed by the two and seven tenths percent at age
57 (2.7% @ 57) retirement formula set forth in Government Code section
7522.25(d)
2) Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of retirement, or some other 36 consecutive month period designated by
the member.
3) Effective January 1, 2013, "new" members as defined by PEPRA and
determined by CalPERS, shall contribute one half (50%) of the normal cost, as
established by CalPERS.
3. IRS Code Section 414(h)(2)
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.
4. Pre -Retirement Optional Settlement 2 Death Benefit
Non -Associated employees shall be covered by the Pre -Retirement Optional Settlement
2 Death Benefit as identified in Section 21548 of the California Government Code when
approved by the City Council.
5. Fourth Level of 1959 Survivor Benefits
Non -Associated employees shall be covered by the Fourth Level of the 1959 Survivor
Benefit as identified in Section 21574 of the California Government Code.
6. VEBA Plan Requirements
a. Eligibility Defined
Effective December 23, 2009, all eligible Unrepresented Management Employees
with 25 years of continuous service to the City of Huntington Beach will participate in
the Plan. An eligible employee is an employee who works twenty (20) or more
hours per week and receives benefits.
Exhibit "A" to Non -Associated Resolution No. 2016-50 PQ _AA5
Item 25. - 1
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
b. Employee Contributions
c. Leave Payout
Each eligible unrepresented management employee shall designate all leave
payouts to be rolled over to his/her VEBA Plan account based on the established
range upon separation from City employment.
d. Participant Account
A separate account is maintained for each contributing eligible unrepresented
management employee, which documents the employee's contributions and
disbursements. Contributions to a VEBA plan account as well as any disbursements
to cover nonreimbursed, post -tax medical care expenses are both tax free. Eligible
benefits subject to reimbursement by the Plan shall be limited to long-term care
expenses and nonreimbursed medical premiums, co -pays, prescribed drug
expenses and other medical care costs as that term is defined by the Internal
Revenue Code Section 213.
e. Administrative Fees
Any Plan administrative fees will be deducted from interest on the total Plan
investments.
An eligible unrepresented management employee's Plan account is subject to a
monthly administrative fee for expenses related to recordkeeping, claims
processing, and claims reimbursement. The fee will first be deducted from interest
on total plan investments, and then deducted, if necessary, from the employee's
individual account.
f. Dispute Resolution
This Resolution and any disputes arising under or in connection with this Resolution
shall not be subject to any dispute resolution procedures in the City's Personnel
Rules, nor shall this Resolution and any such dispute relating thereto be subject to
the jurisdiction of the City's Personnel Board for any reason whatsoever.
g. Indemnification
All Unrepresented Management Employees agree to indemnify and hold the City of
Huntington Beach harmless against any claims made of any nature and against any
suit instituted against the City arising from this Resolution, including, but not limited
to, claims arising from an employee's participation in VEBA or from any salary
reduction initiated by the City for VEBA contributions.
TfP.m 5 - 1 5 to Non -Associated Resolution No. 2016-50
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
c. One Week Minimum Vacation Requirement
The City Manager may require certain positions which handle money or transfer
funds to take a minimum of one week, (i.e., five consecutive work days) paid
vacation each calendar year.
d. Deferred Compensation Contribution at Time of Separation
The value of any unused earned leave benefits may be transferred to deferred
compensation at separation (including retirement), but only during the time that the
employee is actively employed with the City. The latest opportunity for such transfer
must be the beginning of the pay period prior to the employee's last day of
employment.
B. Holidays and Pay Provisions
1, Non -Associated employees shall receive the following legal holidays as of the first pay
period following adoption of the Non -Associated Resolution paid in full per the
employee's regularly scheduled work shift:
(1) New Year's Day (January 1)
(2) Martin Luther King Day (third Monday in January)
(3) Presidents Day (third Monday in February)
(4) Memorial Day (last Monday in May)
(5) Independence Day (July 4)
(6) Labor Day (first Monday in September)
(7) Veteran's Day (November 11)
(8) Thanksgiving Day (fourth Thursday in November)
(9) The Friday after Thanksgiving
(10) Christmas Day (December 25)
2. Any day declared by the President of the United States to be a national holiday or by the
Governor of the State of California to be a state holiday and adopted as an employee
holiday by the City Council of the City of Huntington Beach.
3. For Civic Center holiday closure purposes, holidays which fall on Sunday shall be
observed the following Monday, and those falling on Saturday shall be observed the
preceding Friday.
C. Sick Leave
1. Accrual
No employee shall accrue sick leave.
tPm 7 S _ 1 '7 " to Non -Associated Resolution No. 2016-50 uR _rIorIQ
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
2. Credit
Employees assigned to Non -Associated shall carry forward their sick leave balance and
shall no longer accrue sick leave credit.
3. Usage
Employees may use accrued sick leave for the same purposes for which it was used
prior to December 25, 1999. Sick leave shall not be used to extend absences due to
work related (industrial) injuries or illnesses, this provision shall be added to Personnel
Rule 18.10.
4. Payoff at Termination
a. Non Associated employees with continuous service with the City since November
20, 1978, shall be entitled to the following sick leave payoff plan:
At involuntary termination by reason of disability, or by death, or by retirement,
employees shall be compensated at their then current rate of pay for seventy-five
percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty
percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a
maximum of seven hundred and twenty hours (720) of unused, accumulated sick
leave, except as provided in paragraph V.C.5.d below.
Upon termination for any other reason, employees shall be compensated at their
then current rate of pay for fifty percent (50%) of all unused accumulated sick leave,
up to a maximum of 720 hours of such accumulated sick leave.
b. Non -Associated employees hired after November 20, 1978 shall be entitled to the
following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current salary rate, for
twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and
for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours,
but not to exceed 720 hours, except as provided in paragraph V.C.2.c below.
c. Except as provided in paragraph V.C.5.d below, no Non -Associated employee shall
be paid at termination for more than 720 hours of unused, accumulated sick lave.
However, employees may utilize accumulated sick leave on the basis of "last in, first
out," meaning that sick leave accumulated in excess of the maximum for payoff may
be utilized first for sick leave, as defined in Personnel Rule 18-8.
d. Non -Associated employees who had unused, accumulated sick leave in excess of
720 hours as of July 5, 1980, shall be compensated for such excess sick leave
remaining on termination under the formulas described in paragraphs V.C.5.a and b
above. In no event shall any employee be compensated upon termination for any
accumulated sick leave in excess of the "cap" established by this paragraph (i.e.,
720 hours plus the amount over 720 hours existing on July 5, 1980). Employees
may continue to utilize sick leave accrued after that date in excess of such "cap" on
a "last in, first out' basis. To the extent that any such "capped" amount of excess
sick leave over 720 hours is utilized, the maximum compensable amount shall be
correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six
months after July 5, 1980, employee had accumulated another 48 hours. Employee
Exhibit "A" to Non -Associated Resolution No. 2016-50 uu r1fo
TtPm ? 5 -1
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
is then sick for 120 hours. Employee's maximum sick leave "cap" for compensation
at termination is now reduced by 72 hours to 928.)
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed twenty-four (24) hours in
each instance of death in the immediate family. Immediate family is defined as father,
mother, sister, brother, spouse, 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.
E. Voluntary Catastrophic Leave Donation Program
Under certain conditions, an employee may donate leave time to another employee in need.
The program is outlined in Exhibit 4.
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City -sponsored
medical insurance plans in accordance with the Retiree Subsidy Medical Plan as outlined in
Exhibit 2. Employees hired on or after December 1, 2009, shall not be eligible for this benefit.
SECTION VII — MISCELLANEOUS
A. Collection of Payroll Overpayments
In the event that a payroll overpayment 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 shall 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
(1103105).
tP.m 7 5 _ I Cy" to Non -Associated Resolution No. 2016-50 urz _tin
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
B. Uniforms and CalPERS Reporting
The City provides uniforms to active duty employees in the classifications of Police Chief and
Fire Chief. These employees are required to wear a standard uniform for appearance,
uniformity, and public recognition purposes.
The City will report to the California Public Employees' Retirement System (CaIPERS) the
average annual cost of uniforms as special compensation for each eligible employee in
accordance with Title 2, California Code of Regulations, Section 571(a)(5).
Exhibit "A" to Non -Associated Resolution No. 2016-50 uR A'71
Ttem 25 _ - 21
NON -ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS
EXHIBIT 1
NON -ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE SEPTEMBER 24, 2016 - 2.0% Increase
Pay
Start
Job No.
Description
EXECUTIVE MANAGEMENT
0591
Ci Manager
NA0591
NA
NA
128.29
DEPARTMENT HEADS
ELECTED OFFICIALS
ELECTED OFFICIALS PART-TIME
0018
Cit Treasurer - PART-TIME
NA0018
74.64
83.Q7
92.46
"Annual'Sala .-=Iot-toEXceeci
CONTRACT NON -DEPARTMENT HEAD
Pay
Historical changes to Non -Associated position titles:
Per Ordinance 3855 adopted on 1/19/10, Building & Safety Department duties were combined with the Planning
Department creating a new position of Director of Planning and Building.
Per Resolution 2010-106 adopted on 12/20/10 the City Treasurer was established as a part-time position.
Per Ordinance 3906 adopted on 2/7/11 amended the title of City Administrator to City Manager.
Per Ordinance 3959 adopted on 10/01/12, the position of Chief Assistant City Attorney was established.
Per Resolution 2012-95 adopted on 12/17/12 the title of Deputy City Manager was changed to Assistant City Manager.
Per Ordinance 4086 adopted 4/18/16: the position of Finance Director was changed to Chief Financial Officer, the Director
of Information Services was changed to Chief Information Officer and the Director of Planning and Building was changed to
Community Development Director.
tem 2 5 - - 2 1 " to Non -Associated Resolution No. 2016-50
ing
Control
High
Grade
Point
Point"
Point
Q592
Assistant City Manager
NAQ592
85.82
95.51
1Q6.32
OQQ9
Director of Building &Safe
NAQQQ9
74.64
83.Q7
92.46
Q014
Director of Community Services
NAQQ14
74.64
83.Q7
92.46
0008
Director of Economic Development
NAQOQB
74.64
83.07
92.46
Q574
Director of Human Resources
NAQ574
74.64
83.Q7
92.46
Q479
Chief Information Officer
NAQ479
74.64
83.Q7
92.46
QOQ7
Director of Libra Services
NAQQQ7
69.94
77.85
86.66
Q589
Community Development Director
NA0589
8Q.82
89.97
1 QQ.13
QQ1Q
Director of Public Works
NAQQ1Q
8Q.82
89.97
1 QQ.13
Q518
Chief Financial Officer
NA0518
8Q.82
89.97
1QQ.13
QQ15
Fire Chief
NAQQ15
85.82
95.51
1Q6.31
Q011
Police Chief
NAQQ11
85.82
95.52
1Q6.31
QQ16
City Attorney
NAOQ16
1 QQ.18
111.51
124.1 Q
QQ17
City Clerk
NAQQ17
69.94
77.85
86.66
Job No.
Description
Grade
A
B ��
G
D
E
Q593
Chief Assistant City Attorney
NA0593
71.05
74.96
79.08
83.43
88.01
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT 2
RETIREE MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in an
amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of continuous full
time City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement allowance
by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified downward
or cease during the lifetime of the retiree upon the occurrence of any one of the following. -
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 monthly premiums
may be adjusted downward or eliminated. Benefit coverage at age 65 under
the City's medical plans shall be governed by applicable plan document.
In the event of the death of any employee, whether retired or not, the amount
of the retiree medical insurance subsidy benefit which the deceased
employee was receiving at the time of his/her death would be eligible to
receive if he/she were retired at the time of death, shall be paid on behalf of
the spouse or family for a period not to exceed twelve (12) months.
D. Schedule of Benefits
Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for benefits begins
after an employee has completed ten (10) years of continuous full time 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. Employees hired on or after December 1, 2009 shall not be eligible for this
benefit.
2. 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. Payment shall not exceed dollar amount, which is equal to the full cost
of premium for employee only.
3. Marital Status — Married retirees eligible for benefits under the Retiree Medical
Subsidy Plan may each receive the benefit earned pursuant to Section 4 —
Exhibit "A" to Non -Associated Resolution No. 2016-50 P R A7
Item 25. - 2'
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Maximum Monthly Subsidy Payments, whether enrolled individually as the plan
enrollee or whether enrolled as a dependent on any City -sponsored medical plan.
a. In the case where a retiree is married to a City employee (active or retired)
who is not an unrepresented/non-associated employee or retiree, this
provision shall remain applicable.
b. This provision shall apply to State of California registered domestic partners
the same as married spouses.
4. Maximum Monthly Subsidy Payments
Payment amounts may be reduced each month as dependent eligibility ceases due
to death, divorce or loss of dependent child status. However, the amount shall not
be reduced if such reduction would cause insufficient funds needed to pay the full
premium for the employee and the remaining dependents. In the event no reduction
occurs and the remaining benefit premium is not sufficient to pay the premium
amount for the employee and the eligible dependents, said needed excess premium
amount shall be paid by the employee.
All retirees, including those retired as a result of disability whose number of years of
service prior to retirement, exceeds ten (10) years of continuous full time service,
shall be entitled to maximum monthly payment of premiums by the City for each
year of completed City service as follows:
Maximum Monthly Payment
for Retirements After:
Years of Service "... J"
"",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
tPm 75 _ ?'I," to Non -Associated Resolution No.2016-50 uR �,7d
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
MISCELLANEOUS PROVISIO
A. Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the various
employee groups shall be the first of the month following retirement date.
2. A retiree may change plans, add dependents, etc., during annual open enrollment.
The Human Resources Department shall notify covered retirees of this opportunity
each year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of
completed service with the City of Huntington Beach.
B. Benefits:
1. The Retiree Subsidy Medical Plan includes any medical plan offered by the City to
active and/or retired unrepresented/non-associated employees and retirees.
2. City Plans are the primary payer for active employees age 65 and over, with
Medicare the secondary payer. Retirees age 65 and over have no City Plan options
and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. The Retiree Subsidy Medical Plan.
b. HMO.
c. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Any other employee benefit plan.
c. Any other commercially available benefit plan.
d. Medicare supplements
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit
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, Part
B of Medicare is paid for by the participant.
Exhibit "A" to Non -Associated Resolution No. 2016-50 uu _r7c
Item ?5 - ?,
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
2. When a retiree and his/her spouse are both 65 or over, and neither is eligible for
paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the
maximum subsidy, whichever is less.
3. 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, the spouse shall not receive 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.
E. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated
on the first day of the month in which the retiree reaches age 65. If such retiree
was covering dependents under the Plan, dependents will be eligible for COBRA
continuation benefits effective as of the retiree's 65th birthday.
b. Dependent coverage will be eliminated upon whichever of the following
occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event such dependent
reaches age 65 prior to the retiree reaching age 65.
C. 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 Retiree Subsidy Medical Plan will be eliminated.
2. See provisions under "Benefits," "Subsidies," and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
3, Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-
payment of premium by means of a certified letter from Employee Benefits in
accordance with provisions of the Non -Associated Resolution.
4, A retiree who fails to pay premiums due for coverage and is in arrears for
sixty (60) days shall be terminated from the Plan and shall not have
reinstatement rights.
to Non -Associated Reolution No. 2016-50
tem s
5 - 5 '_ ___ _ uR _r,7r,_
NON -ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS
EXHIBIT 3 - 9180 WORK SCHEDULE
This work schedule is known as "9/80". The 9/80 work schedule is designed to be in compliance
with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict
with the current rules, practices and/or procedures regarding work schedules and leave plans, then
the rules listed below shall govern.
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two
week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for
eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling forty (40) hours in
each FLSA work week. The 9/80 work schedule shall not reduce service to the public,
departmental effectiveness, productivity and/or efficiency as determined by the City Manager or
designee.
A. Forty (40) Hour FLSA Work Week
The actual FLSA workweek is from Friday at mid -shift (p.m.) to Friday at mid -shift (a.m.).
No employee working the 9/80 work schedule will be able to flex their Friday start time nor
the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays.
All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the
FLSA workweek is 12:00 noon Friday.
B. Two Week Pay Period
The pay period for employees starts Friday mid -shift (p.m.) and continues for fourteen (14)
days until Friday mid -shift (a.m.). During this period, each week is made up of four (4) nine
(9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours
equal forty (40) work hours in each work week (e.g. the Friday is split into four (4) hours for
the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which
is charged to work week two).
C. A/B Schedules
To continue to provide service to the public every Friday, employees are to be divided
between two schedules, known as the "A" schedule and the "B" schedule, based upon the
departmental needs. For identification purposes, the "A" schedule shall be known as the
schedule with a day off on the Friday in the middle of the pay period, or, `off on payday", the
"B" schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on
payday". An example is listed below:
Exhibit "A" to Non -Associated Resolution No. 2016-50 uR _F77
Item 25. - 2+
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
D. A/B Schedule Changes
FLSA exempt employees may change A/B schedules at the beginning of any pay period
with supervisor or City Manager approval.
E. Emergencies
All employees on the 9/80 work schedule 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, or
designee may require such service from any of said employees.
LEAVE BENEF
When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9)
hours of eligible leave per workday shall be charged against the employee's leave balance or eight
(8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current
accrual, eligibility, request and approval requirements.
1. General Leave —As stated in the Non -Associated Resolution.
2. Sick Leave —As stated in the Non -Associated Resolution.
3. Executive Leave — As stated in the Non -Associated Resolution.
4. Bereavement Leave —As stated in the Non -Associated Resolution.
5. Holidays - As stated in the Non -Associated Resolution.
6. Jury Duty — The provisions of the Personnel Rules shall continue to apply, however, if an
FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday,
or Sunday, or on a City holiday, then the jury duty shall be considered the same as having
occurred during the employees day off work, therefore, the employee will receive no added
compensation.
tam 75 _ 77 "to Non -Associated Resolution No. 2016-50 uR _r,7Q
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION
Guidelines
1. Purpose
The purpose of the voluntary catastrophic leave donation program is to bridge employees
who have been approved leave time to either return to work, long-term disability, or medical
retirement. Permanent employees who accrue vacation, general leave or compensatory
time may donate such leave to another permanent employee when a catastrophic illness or
injury befalls that employee or because the employee is needed to care for a seriously ill
family member. The leave -sharing Leave Donation Program is Citywide across all
departments and is intended to provide an additional benefit. Nothing in this program is
intended to change current policy and practice for use and/or accrual of vacation, general,
or sick leave.
2. Definitions
Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the
employee or an employee's family member.
Family Member - For the purposes of this policy, the definition of family member is that
defined in the Family Medical Leave Act (child, parent, spouse or domestic partner).
3. Eligible Leave
Accrued compensatory, vacation or general leave hours may be donated. The minimum
donation an employee may make is two (2) hours and the maximum is forty (40) hours.
4. Eligibility
Permanent employees who accrue vacation or general leave may donate such hours to
eligible recipients. Compensatory time 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 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.
Exhibit "A" to Non -Associated Resolution No. 2016-50 u R 11,70
Item ?_5 _ - ?_
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Employees wanting to make donations will submit a Leave Donation Form to the Finance
Department (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.
6. Other
Please contact the Human Resources Department with questions regarding employee
participation in this program.
tP,M %.� - 7.9 ' to Non -Associated Resolution No. 2016-50
NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name: (Please Print or Type: Last, First, MI)
'Work 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 I Hours of General Leave
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to me. I also understand that this
donation will remain confidential.
I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation
Program for:
Eligible recipient employee's name (Last, First, MI):
Donor Signature: Date:
Please submit to the Finance Department.
Item 25. - 31 " to Non -Associated Resolution No. 2016-50 HB -682
Res. No. 2016-50
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at a Regular meeting thereof held on July 18, 2016 by the
following vote:
AYES: O'Connell, Sullivan, Hardy, Delgleize
NOES: Posey, Peterson
OUT OF ROOM: Katapodis
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Thursday, February 15, 2018 10:34 AM
To: CITY COUNCIL; Agenda Alerts
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request # 32101 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Problem
Request area: City Council - Agenda & Public Hearing Comments
Citizen name: Richardson Gray
Description: Dear City Council Members,
I have owned my home for more than ten years in our Downtown neighborhood. I am
writing you in support of Police Chief Robert Handy's five-year contract extension.
From my perspective, our residential quality of life in our Downtown neighborhood has
substantially improved since Robert Handy became our Police Chief in late 2013. First
and foremost, he has done an excellent job in managing our public safety concerns for
Downtown's major events, the US Open, the 4th of July, and the new air shows; to wit,
no more riots.
Chief Handy also has succeeded in reducing the rowdiness of Downtown Main Street, a
still -serious problem that had been growing worse over the years of his predecessor's
tenure, Police Chief Kenneth Small. And of course, it was under Chief Small's watch
that we had the 2013 US Open riots.
Hence, I urge you to approve Chief Handy's contract extension. With Chief Handy
secure in his job, I know that many, many City residents will sleep better at night,
including me. Thank you for considering my views.
Richardson Gray
Expected Close Date: February 16, 2018
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
Medng Date. Za 6 Z / 0
Agenda Item No.:,
Dear City Council Members,
I have owned my home in our Downtown neighborhood for more than ten years, across the street from
414-424 Main Street. I support this project, with the caveats below.
During my ten -plus years here, Downtown Main Street has added about one new alcohol establishment
per year, in an area that already had an over -concentration of alcohol establishments by a substantial
multiple of ABC's guidelines. I understand that any alcohol establishment that might be proposed in the
future for 414-424 Main will require its own individual and separate CUP. Even so, I wanted to talk with
you about these alcohol issues at this time.
Other than the three preexisting alcohol establishments north of Orange on Main, I plan to work to prevent
any more alcohol establishments to be located north of Orange on Main. As well, I plan to work to prevent
any entertainment permits to be issued for any establishments located north of Orange on Main.
Beginning on the block north of Orange, the Main Street area of Downtown becomes much more
densely residential. My condos and town homes community, Townsquare, contains nearly 100 high -end
homes. Similarly, Lake Street north of Orange contains something approaching another 200 homes,
including the Huntington Bayshore high -end condo community. For these reasons, the City needs to
protect our well -established residential areas from the alcohol -fueled rowdiness that too often
overtakes Main Street south of Orange. I am convinced that the lion's share of residents in our
Downtown neighborhood agree with me that we do not need any more alcohol establishments or
entertainment permits north of Orange on Main.
Police Chief Robert Handy has done a good job of trying to contain Downtown crime and the City's DUI
accidents. Nonetheless, Downtown Main Street has had the highest crime rates in the City by far for the
last several years, a substantial multiple of the Citywide average. Many of Downtown's crimes are
alcohol related, as Downtown has one of the highest concentrations of alcohol establishments in the
entire state. For the majority of we residents of our Downtown neighborhood, this state of affairs is
unacceptable.
As well, Huntington Beach as a whole for the last several years has ranked at the top or near the top in
DUI accidents for a midsize city in all of California. This DUI accidents epidemic is NOT a result of lax
enforcement, as our City also has had one of the highest DUI arrest rates in the state for these same
years. According to former Police Chief Kenneth Small, our DUI accidents epidemic has been the
number one public safety problem in Huntington Beach. This DUI accidents epidemic, at least in part, is
due to the over -concentration of alcohol establishments in Downtown, especially our too many rowdy
bars and nightclubs in the Main Street area of Downtown.
Going forward, I hope that the Council will think seriously about these issues for our Downtown
neighborhood. And thank you for considering my views.
Richardson Gray
Pipeline request #32053, dated 2/8/2018
SUPPLEMENTAL
COMMUNICATION
Mee#ng Date: , ` , �i _ LL
Agenda Item POo.;
Esparza, Patty
From: Dombo, Johanna
Sent: Friday, February 16, 2018 10:58 AM
To: Agenda Alerts
r"D
Subject: FW:
�'
rri
Ci -�
�►
���q�
-----Original Message-----
-v
<
From: Moe Kanoudi [mailto:moekan(@aol.com]
r
-z
Sent: Friday, February 16, 2018 10:37 AM
•.
To: CITY COUNCIL <city.councilosurfcity-hb.org>
Subject:
Ladies and gentleman, May I remind you that your job is to control and eliminate any
liabilities that will hurt the city financially . Chief Handy was hired at will and waved his
housing allowance in 2013, you rewarded him the housing allowance later after he was hired
and now you are approving a contract for 5 years to a Manager that his department is a mess
and as of last Friday ,Feb 9th in a interview he has accepted the fact that he needs to fix
the problems and improve his service as a Chief , so why not wait and give him the chance to
accomplish his goat ? 4 of you have been very loud for your support of him and louder for
your opposition to POA and that should be enough for now and not by approving a employment
contract when every thing in that department is extremely uncertain ! Put your efforts where
it is needed, try to help him by bringing both side to the table and not by creating a
employment contract liability for the city ! Stop the hate and don't promote more division
and trouble for this very important department . Thank you. Moe Kanoudi.
Sent from my iPad
Meeting Date:
Agenda Item No.;. # `S
Switzer, Donna
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Friday, February 16, 2018 8:50 AM
To: Pipeline Clerk Agenda
Subject: Surf City Pipeline: You have been assigned a new Request #: 32105
Request # 32105 from the Government Outreach System has been assigned to you.
Request type: Problem
Request area: City Council - Agenda & Public Hearing Comments
Citizen name: T. Pool
Description: I'm writing to request that the Mayor, Mayor Pro Tempore, and City Council Members
vote unanimously to extend Chief Handy's contract.
Expected Close Date: March 1, 2018
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
a
:7V
c,
- r
....
-
cn
SUPPLEMENTAL
`o
COMMUNICATION
Meeting Date: °2 L�,20 Zl
Agenda Item No.* * S
Esparza, Patty
From:
Dombo, Johanna
Sent:
Wednesday, February 14, 2018 5:07 PM
To:
Agenda Alerts
Cc:
Handy, Robert
Subject:
FW: Chief Handy
-----Original Message -----
From: Jason [mailto:inruhlandpaol.com]
Sent: Wednesday, February 14, 2018 4:43 PM
To: CITY COUNCIL <city.councilpsurfcity-hb.org>
Subject: Chief Handy
I support Chief Handy! Please approve the new contract.
Thank you!
Jason Ruhland
Sent from my iPhone
SUPPLEMENTAL
COMMUNICATION
Agenda Item NO.' �5
1
Esparza, Patty
From: Dombo, Johanna
Sent: Tuesday, February 20, 2018 8:06 AM
To: Agenda Alerts
Subject: FW: Chief Handy
-----Original Message -----
From: Suzanne Hart [mailto:hb.diva(@yahoo.com]
Sent: Friday, February 16, 2018 6:43 PM
To: CITY COUNCIL <city.councilosurfcity-hb.org>
Subject: Chief Handy
Dear Council members,
The Hart family supports Chief Handy!
Chris and Suzanne Hart
Sent from my iPhone
SUPPLEMENTAL
COMMUNICATION
Medng Date._
agenda Item No.-
Esparza, Patty
From:
Dombo, Johanna
Sent:
Tuesday, February 20, 2018 7:48 AM
To:
Agenda Alerts
Cc:
Handy, Robert
Subject:
FW: Chief Handy -HBPD
-----Original Message -----
From: oceanhb(@gmail.com [mailto:oceanhb(1agmail.com]
Sent: Monday, February 19, 2018 8:58 PM
To: CITY COUNCIL <city.councilpasurfcity-hb.org>
Subject: Chief Handy -HBPD
Dear Sirs and Madams,
I would like to take this opportunity to throw my support of our current police Chief, Chief
Handy. I believe his ideas and implementations of new procedures are needed and necessary. I
also believe that the POA President and staff have used unsavory methods in trying to oust
not only him but other Chiefs in Orange County as well. If I read the newspaper correctly
your outside resources had good recommendations too.
Change can be hard but necessary. I beg you to support him as most of the HB residents do.
Sincerely,
Cathy Haro
Sent from my iPad
SUPPLEMENTAL
Agenda item No.,
1
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Tuesday, February 20, 2018 1:02 AM
To: Pipeline Clerk Agenda
Subject: Surf City Pipeline: Request #: 32134 Due Today
Request # 32134 from the Government Outreach System is due today.
Request type: Problem
Request area: City Council - Agenda & Public Hearing Comments
Reported by: Shaun Land
Description: I can't be at the meeting, but we support Chief Handy and his new contract. Shaun Land
Expected Close Date: 02/20/2018
Click here to access the request
SUPPLEMENTAL
MeetingCOMMUNICATION
Da'::-4/ i
�/�
Agenda qem No.�
Esparza, Patty
From: Dombo, Johanna
Sent: Tuesday, February 20, 2018 7:52 AM
To: Agenda Alerts
Subject: FW: Chief Handy contract extension
From: Scott Sailers [mailto:hbliam@vahoo.com]
Sent: Monday, February 19, 2018 8:00 PM
To: CITY COUNCIL <city.council@surfcity-hb.org>
Subject: Chief Handy contract extension
Hello HB City Council members,
I know you are busy so I will keep this as brief as possible.
SUPPLEMENTAL
COMMUNICATION
Meeting Date;_, � 1,�20 Z
-,---Agenda Item fro.•
I have lived in Huntington Beach since 1986. I own a home in Huntington Beach, work at a local business, and
attend a local church. I am also a retired police officer from a nearby City. I have been reading about and
watching the drama between our Chief and the POA and Police Management union. First off, I do not agree
with or appreciate most of what I hear from the POA. I am not "on their side" simply due to my previous line of
work. That being said, while I understand I do not have all of the information that you do, I feel it is unwise to
offer a five year contract extension to an employee while problems like these are still being worked out. The
indepedent report you ordered and received recently was reported to show the issues being spoken of by both
unions do actually exist. The fact that the management union echoed the POA's complaints is a huge red flag as
well. It was also reported that the new contract has a 9 month versus a 3 month severance package. That seems
unnecessary if Chief Handy is the superstar the City Council has professed publicly.
So, it would seem to be unwise, fiscally imprudent, and a complete slap in the face to all of the officers that
work for our City, to offer Chief Handy a five year extension at this time. If you are sold on him and are going
to keep him no matter what, then why not offer him a 1 year contract and a directive to correct the issues? And
the severance extension seems very unwise as it seems if things keep going as they have been the Chief will
certainly not last the full five years.
Please do not extend Chief Handy's contract for five years.
Scott Sailers
hbliam yahoo.com
Esparza, Patty
From: Dombo, Johanna
Sent: Tuesday, February 20, 2018 10:54 AM
To: Agenda Alerts
Subject: FW: Support of Chief Handy
-----Original Message -----
From: Elizabeth Esparza[mailto:elizabethoexecutivesoundpros.com]
Sent: Tuesday, February 20, 2018 10:40 AM
To: CITY COUNCIL <city.councilosurfcity-hb.org>
Subject: Support of Chief Handy
My name is Elizabeth Esparza. I've been a resident of Huntington Beach for 39 years and a
small business owner in Huntington Beach for 19 years. I wanted to let you know I support
Chief Handy and urge you to vote in favor of item 5 on the Consent Calendar.
Thank you for all you do for our city.
Thanks,
Elizabeth Esparza
Executive Sound Pros., Inc
www.executivesoundpros.com
"Because we care what you hear"
SUPPLEMENTAL
COMMUNICATION
Beefing fate:
Agenda VtRm No.*
i
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Tuesday, February 20, 2018 11:14 AM
To: Pipeline Clerk Agenda
Subject: Surf City Pipeline: You have been assigned a new Request #: 32137
Request # 32137 from the Government Outreach System has been assigned to you.
Request type: Problem
Request area: City Council - Agenda & Public Hearing Comments
Citizen name: Stacy Brookhyser
Description: Hello Mayor Posey and City Council members,
My family and I support Chief Rob Handy and urge you to vote in favor of Item 5 on the
Consent Calendar.
Thank you for all you do for our beautiful city! We are proud to be part of the HB
community.
Thank you,
Stacy Brookhyser
Expected Close Date: March 6, 2018
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
PPLE ENTAL
COMMUNICATION
Meeting Date'. 2 Lac)11,L
Agenda Item NO.'
Esparza, Patty
From: Dombo, Johanna
Sent: Tuesday, February 20, 2018 1:52 PM
To: Agenda Alerts
Subject: FW: Support Chief Handy
-----Original Message -----
From: oceanhbogmail.com [mailto:oceanhb(@gmail.com]
Sent: Tuesday, February 20, 2018 1:42 PM
To: CITY COUNCIL <city.councilpsurfcity-hb.org>
Subject: Support Chief Handy
I sent an email last night but it was late and I wasn't able to really articulate my
thoughts. My dear friend Cari Swan has don't that for me on the forum so if you don't mind
I'll paste it here.
Cari's quote of PD report,
"We heard that some employees believe the POA is impeding change from occurring."
SOME of that change is:
1) BODY CAMS: Wearing them so they are more accountable, and the public is too, & HB
doesn't have to continue paying out multi -million dollar lawsuit losses!
Remember, the POA's OWN recorded MEETING MINUTES stated, "Body cams will further decimate
HB's police force!" Handy said, "HB is dead LAST of PD agencies to adopt cams!"
2) COMMUNITY POLICING! Handy implements "community policing". But the POA wants more BOOTS
ON THE GROUND in Oakview!
BTW, Oakview's crime has plummeted with Handy's community policing implemented! And HB's
overall crime rate is down. But, the POA bully Humphrys says, "HB crime is up 28%". In one
category only. A super -low category, where just a few incidents will be 28%!
3) ACCOUNTABILITY: Some cops confiscate illegal fireworks, go to the POA's Open Bar club
after midnight, drink the free drinks up, then shoot them rockets off at 2-3AM, then DUI home
later! Then when a bunch of residents call in complaints, the chief starts an investigation.
Then the ALL-POWERFUL & ENTITLED POA demands Handy terminate the investigations. And when he
doesn't, nor does he back down from adding body cams, their hired consultant, Peter Mitchell
instills the Union Playbook, that calls for attacking & disparaging the Chief & runs the BS
fake No Confidence play to oust him!
The POA ran their POWERPLAY to FIRE THEIR BOSS! THEY THINK THEY CAN fool HB! SMDH
Please don't let the POA push you, please support our Chief.
Thank you!
Cathy Haro
SUPPLEMENTAL
Sent from my iPad COMMUNICATION
Meeting Date: aLO&O
Agenda item No.; --
Esparza, Patty
From: Dombo, Johanna
Sent: Tuesday, February 20, 2018 1:53 PM
To: Agenda Alerts
Subject: FK Please extend Police Chief Handy's contract another 5 years. Thank you
-----Original Message -----
From: Althea Santucci [mailto:sdm1830pgmail.com]
Sent: Tuesday, February 20, 2018 1:04 PM
To: CITY COUNCIL <city.councilpsurfcity-hb.org>
Subject: Please extend Police Chief Handys contract another 5 years. Thank you
Dear City Council,
Police Chief Handy has done a great job. We need him. Please extend his contract another 5
years.
30 Year resident - thank you kindly
althea
SUPPLEMENTAL
COMMUNICATION
Meeting Date: a Ln // a
Agenda Item No.:
1
--)11A0169)01 f,
Esparza, Patty �
From: Dombo, Johanna
Sent: Tuesday, February 20, 2018 2:55 PM
To: Agenda Alerts
Subject: FW: Agenda Item #5 - Affirmative support
From: pastable@aol.com [maiito:pastable aol.com]
Sent: Tuesday, February 20, 2018 2:54 PM
To: CITY COUNCIL <citv.council2surfcity-hb.org>
Subject: Agenda Item #5 - Affirmative support
City Council Members:
I wish to heartily endorse Chief Hardy's employment contract extension in light of
his positive contributions as Chief of Police.
David Cicerone
20921 Beachwood Ln.
Huntington Beach, CA 82646
Esparza, Patty =4�
From: Dombo, Johanna
Sent: Tuesday, February 20, 2018 4:02 PM
To: Agenda Alerts
Subject: FW: Support for Chief Rob Handy excellent job in HB
Importance: High
From: KIRK NASON [mailto:kirk nason hotmail.com]
Sent: Tuesday, February 20, 2018 4:02 PM
To: CITY COUNCIL <citv.council@surfcity-hb.org>
Subject: RE: Support for Chief Rob Handy excellent job in HB
Importance: High
Dear HB City Council,
I am writing to state my support of HB Chief of Police, Rob Handy. Since coming to town, soon after the US Open Riots,
Chief Handy has really made significant safety impact to our community.
In particular the Homeless Task force has really helped with the homeless camping out in their cars / vans in front of our
downtown homes and Officer Ricci has been gracious in his handling of the plight of the homeless in helping to find
services to those in need.
I was downtown when the US Open riot broke out in 2013 and I can tell you my wife and I were scared as the violence
escalated quickly. Since Chief Handy took over, his community based policing policy has clean that all up. I personally
have attended every town meeting he has held before subsequent events and have seen huge improvements each year.
The elimination of "Free" concerts and the reduction of size of the "mall" on the beach has made major impact. This
year we did not experience the trash, drunkenness, public urination, vandalism and other criminal activities we
experienced in prior years.
The Coffee with a Cop program is really cool to help residents get to know those that police their communities, great
job.
The HB POA as well as other POA from nearby cities appear to be using the same tactic to discredit their Chiefs which is
disturbing. Body cameras should be required for all officers and will help protect both the officers as well as others from
abuses.
Police body cameras a success story so far for SDPD http://www.sandiegouniontribune.com/opinion/editorials/sd-
san-diego-body-cameras-working-20170210-story.html
Thank you for your time.
Regards,
Kirk J. Nason
714 321-7298 (c)
kirk nason@hotmail.com
Esparza, Patty
From: Dombo, Johanna
Sent: Tuesday, February 20, 2018 4:42 PM
To: Agenda Alerts
Subject: FW: February 20, 2018 Meeting Agenda Item #5
From: Ronald Higby [mailto:r'h�byyahoo.corn]
Sent: Tuesday, February 20, 2018 4:41 PM
To: CITY COUNCIL <city.counciI!2surfcity-hb.org>
Subject: Fw: February 20, 2018 Meeting Agenda Item #5
----- Forwarded Message -----
From: Ronald Higby <rihi b ahoo.com>
To: city counci1rwsurfcit -hv b.org <cit council surfcit -hb.or >
Sent: Tuesday, February 20, 2018, 4:38:01 PM PST
Subject: February 20, 2018 Meeting Agenda Item #5
Dear Mayor and Council Members
I fully support approving a five year extension to the employment contract with Police Chief Robert Handy. The City of
Huntington Beach is indeed fortunate to have a man in this position with his acumen, sensitivity and experience in dealing
with the variety of problems facing a municipality of almost 200,000 citizens.
Ronald Higby
Huntington Beach
714-374-4304
a�ao /a,oie
Esparza, Patty
From: Dombo, Johanna
Sent: Tuesday, February 20, 2018 4:09 PM
To: Agenda Alerts
Cc: Wilson, Fred
Subject: FW: Opposition - Contract Extension for Chief Handy - Item 5 of the Consent Calendar -
2/20/ 18
From: Karen [mailto:secretoflyf@yahoo.com]
Sent: Tuesday, February 20, 2018 3:21 PM
To: CITY COUNCIL <city.council@surfcity-hb.org>
Subject: Opposition - Contract Extension for Chief Handy - Item 5 of the Consent Calendar - 2/20/18
Mayor Posey, Mayor Pro-Tem Peterson and members of City Council,
I am writing to you to voice my opposition to offering a 5 year contract extension or any contract
extension to Chief Robert Handy. 1 do not believe it is or would be within the best interest of the City
of Huntington Beach's Citizens or those sworn to protect them to do so. I believe silence on the
matter would be best and at the worst a "No" vote.
There is no question in my mind that Chief Handy's actions are the sole cause of the rift between the
POA and the Citizens of Huntington Beach. He has put forth or allowed to be put forth a false
narrative that seeks to discredit or twist the concerns and reasons for the concern of the POA
membership to HB's citizens, a concern deep enough to result in an unprecedented vote of no
confidence by the HB POA and a "strong recommendation and support for an immediate change in
the office of the Chief Of Police" by the Management staff (PMA). Why did they vote as they
did? .... because they DO NOT TRUST him to be a just and honest leader. If those that are supposed
to look to him for leadership do not trust him, why should the City Council and HB's citizens.
Chief Handy's narrative has encouraged many Citizens of Huntington Beach to continue in the belief
that our sworn officers are the problem. A few false narrative issues:
• POA does not want to be a part of Community Policing when in fact Community Policing has
been a part of HBPD culture since the 1990s. May I remind you and those that are reading this
that Chief Handy was not around then.
• Leading or allowing folks to believe that body worn cameras were at issue when it has been
made clear by the POA, to those willing to listen, that it was the cost to manage a body worn
camera program that was at issue not the cameras themselves is a willful lie allowed by the
Chief.
• Leading the citizens of HB to believe that contract negotiations was causing the rift has been a
lie.
• His "leaked" narrative regarding internal investigations has led the city's citizens to believe that
fireworks and warranted disciplinary action were causes of the Vote Of No confidence. That lie
has even made it to the younger generation of cadets and probationary members of HBPD
who, in part, falsely believe that the "old guys" just don't want things to change so that they can
get away with things". Shame on the Chief!
The false narratives propagated by the Chief or those in support of him leads me to believe that Chief
Handy himself lacks integrity which is one of the most important traits a Chief of Police can possess.
Without integrity moral judgement suffers, lies are not corrected, personal agendas are advanced and
those that stand or are perceived to stand in the way are punished. I do not know a single officer that
would not accept his or her due if disciplinary action was warranted. I do not know a single officer
that is not in support of "community policing".
Lastly, I am disappointed to find out that there was not one question on the Management Partners
"survey" that asked about the Chief himself. Trust, integrity, specific issues, nothing. I am
disappointed to learn that the City Manager and the Chief were allowed to direct or be a part of the
narrative of the survey. That survey cost us, the citizens, $52,000. As far as I am concerned, it is
worthless. If you want the truth you ask the tough questions. You can not attempt to mend if the trust
is not there. I don't believe there is an opportunity any longer to mend the rift with this Chief in charge.
I believe that the City Council needs to step back and look at the narrative in total to see where the
real problem lies. What has occurred here in HB is a great place to start but tracking back in his past
careers might be helpful as well.
The City Council needs to stand tall and vote no extension.
Sincerely,
Melissa
"Commonsense- Is SENSE reax Ily -,, li COMMON?
Estanislau, Robin
From:
Sent:
To:
Subject:
Agenda Alerts.
Sent from my iPad
Wilson, Fred
Tuesday, February 20, 2018 10:26 AM
Estanislau, Robin
Fwd: HBPD
Begin forwarded message:
SUPPLEMENTAL
COMMUNICATION
Meeting Date:
Agenda item No.;
From: dave mitchell <patriotfarmer�mail.com>
Date: February 20, 2018 at 9:33:59 AM PST
To: <mike.poseyLasurfcity-hb.org>, <erik.petersonna surfcity-hb.or >, <jill.hard surfeit
hb.M>, <lyn.semetagurfcitg>, <Patrick.brenden�surfcity-hb.org>,
<barbara.delgleize(:a]surfcity-hb.org>, <billy.oconnellc(�surfcity-hb. org>
Cc: <cfikesga surfeity-hb.org>, <fred.wilsonnsurfcity-hb.org>
Subject: HBPD
Honorable Mayor and City Council Members,
I am writing this letter to the members of Huntington Beach City Council not to show support for either Chief Handy or the Police
Officer's Association, but to give you all the perspective of the police officers and other employees caught in the middle who just
want to more forward. We are sick of being in the newspapers, chatrooms, and the talk of the town over this issue. It never should
have a public issue.
I have worked at HBPD for some time, after working at another police department. I never fully understood the reasons for the vote
of no confidence on Chief Handy and I think I am even more confused now. What this department has, the equipment, training,
freedom, and time off policies are like no other police department around. We are fearful of what the future holds for this
department under new leadership. Someone will at some time, figure it out at take it away from us. I think the POA Board of
Directors have lost sight of this.
If I were in your position, I would want to know that no matter who is leading this department, that public safety is the #1 priority
and are we effective in providing that service. You have some of the finest men and women working for this department. They go
out there every day and night to provide the best possible service to our city. I am proud to work along side all of them. The low
moral being thrown around by the POA may be true for a small percentage of the department, but what I see everyday at work, in
briefings, through high productivity, just does not all add up.
The POA board has lost sight of our mission. Two nights ago our department was involved in a highly volatile and dangerous
situtation that was handled professionally and safely. It made me think and realize that everything that has been going on around
here has taken the focus away from good police work and how we protect this city on a day to day basis. The incident I'm talking
about involved a suicidal male, armed with an AR-15 rifle, body armor, and a mindset to kill his ex-wife. We took this call serious
from the beginning, located and took protective custody of the ex-wife, and protected her. We located the suspect in a parking lot
and eventually pursued him while he fled in a vehicle. We ended the pursuit with an aggressive but safe tactic. and finally, we faced
an armed, barricaded suspect in a vehicle with extra ammunition and body armor. We successfully took him into custody without
the wild shootout it could have developed into.
We handled this situation with professionalism, great leadership, and superior equipment. The POA board has lost sight of this. We
preformed out there exactly how your would expect us to preform. We have superior equipment, excellent training, aggressive
tactics, and strong leadership from the top down. We did not preform like a department in turmoil and chaos. None of this happens
without direction and leadership from Chief Handy all the way down to every cop working the streets.
I can tell you, a lot of officers can say they don't see or have direct contact with Chief Handy, but its really not that big of a deal.
We all get to do our jobs with little to no restrictions or micro -management. I understand the frustration some others feel, but
things can be and are much worse under some Chiefs at other departments. I have a hard time buying into the POA board's
statement that he does not care about his employees. I know for a fact he has do a lot for employees in need during difficult times.
He sends out birthday cards to every employee, and he has made much needed improvements to the station and equipment.
I really don't know what Chief Handy did to piss off the POA Board of Directors so much. The feeling is not wide spread across the
department. We go out every day and work hard, make a lot of pro -active arrests everyday, and generally are happy to be at work.
Please don't assume what the POA Board is telling you is accurate. We like things the way they are and don't need a new police
chief to come in a make wide spread changes.
So why the 92% vote of no confidence? That one is a complicated issue but at the same time very simple. the simple version is
that we police officers by nature trust what their Board of Directors tell us. At the time, they said this was the best for the
department and that the relationship with the chief was not repairable. There was a lot of other stuff said too, but as time goes on,
a lot of those issues have been questions as to their validity. The announcement of the vote was a surprise to a lot of people I
know for a fact that several officers at the membership meeting put blank ballots in the box, just to get out of the room. Those that
didn't vote, were called by phone or text to get their vote. There was a lot of pressure to vote 'yes'. I saw a text message chain
from an officer who voted 'no' and then received follow up texts from other board members disappointed in their vote.
All I can say, if the POA has to work this hard to convince everyone that the chief of police has to go, something is wrong. I would
expect a 100% vote if things were in fact, that bad. What the BOD is doing now, is embarrassing to us. They gave it their best
effort and failed, Now they are making ALL police officer look bad. I personally have been disappointed with the POA board of
directors. This fight is obviously personal against the chief and the tactics and public campaign has caused me to pull away from
them. I know officers have pulled money out of the POA PAC, and more will follow. The longer this goes on, the more support they
will loose.
I could go on and on, but thank you for your time. I want to end by just pointing out one fact. How we handled the incident the
other night is a true reflection on how your police department operates. That is who is out there everyday protecting our city. The
chief has been blamed for everything else that goes bad in this city. I think it works both ways... he is also responsible for the good
that goes on in this city.
From a Huntington Beach Cop
Esparza, Patty
From:
Dombo, Johanna
Sent:
Tuesday, February 20, 2018 7:47 AM
To:
Agenda Alerts
Cc:
Handy, Robert
Subject:
FW: Consent Calendar Item 5
From: rob.pool.oc(@grnail.com [mailto:rob.pool.oC@gmail.com]
Sent: Monday, February 19, 2018 9:47 PM
To: CITY COUNCIL <city.council@surfcity-hb.org>
Subject: Consent Calendar Item 5
Dear Mayor Posey and Council Members,
SUPPLEMENTAL
COMMUNICATION
Meeting Date. � Ido //"--
Agenda bm No.,
I am writing today to express my support for our police chief, Rob Handy, and urge you to vote
yes on Item 5 of the Consent Calendar.
I have never seen a police chief reach out to the public like I have Chief Handy. I have heard
him speak and take questions from the public several times. He is respected by many of us and
is asset to our city. When COIN was being debated, I saw him take questions from citizens.
Knowing full well that this was a controversial issue, he articulated a reasoned position that
both understood the citizen's right to transparency and his officer's concern for their privacy.
He expressed how his officers, at times., feel unappreciated by the public during times like
those. He also maintained that he was unable to take right/left stances on some issues as that
might give the impression that he would not protect the rights of all citizens. This balanced
approach is an asset to both our city and the officers on our force.
Unfortunately, the leadership of the Police Officers Association sees it differently. What we
have witnessed coming from the leadership of the Police Officers Association in the past
several months is an embarrassment to our city. They have taken, what should have been a
private matter, and spewed it out for everyone to see. Those are the actions of immature
bullies. They have forced the public to take a stand between two sides when we'd really like to
support both. Well this citizen supports the officers on the street and our police chief. But I
can't support the Police Officers Association. The leadership should change and stop the
attacks on our police chief.
i
It would be a shame for our city to lose Chief Handy's leadership. It is for this reason that I
strongly support the extension of his contract.
Thank you for your continued service to our city.
Best regards,
FIRMM IM ..
Esparza, Patty
From: Dombo, Johanna
Sent: Tuesday, February 20, 2018 7:53 AM SUPPLEMENTAL
To: Agenda Alerts COMMUNICATION
Subject: FW: Support for Chief Robert Handy
Meeting C)ate://� D /� —
Agenda Item No.
From: Gino J. Bruno [mailto:gbruno@socal.rr.com]
Sent: Monday, February 19, 2018 3:04 PM
To: CITY COUNCIL <city.council@surfcity-hb.org>
Cc: Handy, Robert <Robert.Handy@hbpd.org>; Wilson, Fred <Fred.WIIson@surfcity-hb.org>; Farrell, Lori Ann
<LoriAnn.Farrell@surfcity-hb.org>; Estanislau, Robin <Robin.Estanislau@surfcity-hb.org>; Gates, Michael
<Michael.Gates@surfcity-hb.org>
Subject: Support for Chief Robert Handy
Council members:
As a longtime resident of Huntington Beach, I fully support Chief Rob Handy.
A few months ago, the City and the Police union jointly agreed to hire the outside organization, Management
Partners, to study the operations of our Police Department, and about 10 days ago, their findings were
released. As you know, the report included 16 specific recommendations that might further improve the
workings of the Department.
Immediately following the release of the Report, Chief Handy was quoted as saying, "I am 100% committed to
improving my working relationships with HBPOA leadership and the management team."
Was the union leadership also willing to improve the relationship with management? Well ... not so much.
The Vice President of the POA was quoted that same day as continuing to demand that our Chief be replaced.
It is imperative that the Chief be given the opportunity to develop a 5-year Strategic Plan to ensure the
implementation of those 16 recommendations, and make our fine Police Department even better. And that
means extending his employment agreement.
The Chief has earned the support of the City Council and the support of our community. Residents like me
continue to be impressed by his leadership in accountability, transparency and his continuing efforts to move
the Department in a direction that embraces the future, with all of its technology, and community -oriented
policing.
Example, studies have shown that body -worn cameras are improving community relations, while increasing the
safety of citizens and police officers alike, across our nation. Those cameras also can expose false claims of
excessive force against our officers.
As we all know, the union has attacked the chief in ads, through incessant robo-calls and on social media, in
an effort to create a false picture of a crime -riddled city on the brink of disaster.
But the union leadership is wrong in its judgment, has misread our City Council, our Chief, and the people of
Huntington Beach.
I am thankful for the men and women of our Police Department for what they do each day to keep us safe.
I am proud of our City and our police officers ...
And I am proud of'our Chief Rob Handy.
Gino J. Bruno
Huntington Beach