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HomeMy WebLinkAboutHBPMA - Police Management Association - 1985-01-01Submitted to: Submitted by: Prepared by: 0 0 AEQUEST FOR CITY COUNCIL a O/V / "l1 ? /� y J)P mi'1PA 7-0 Date Honorable Mayor and City Council 121ae's- Charles W. Thompson, City Administrator December 6, 1984 YED SY C r� ' 19 clT i;KIC Subject: / Resolution of the City of Huntington Beach imaplemM Me„-W o rm of 1 t Understanding between the City of Huntington Beac the Huntington 745 Beach Police Management Association Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Robert J. Franz, Chief of Administrative STATEMENT OF ISSUE: The City of Huntington Beach and the Huntington Beach Police Management Association have met and conferred as prescribed by law and have reduced their agreements to a Memorandum of Understanding for a term commencing January 1, 1985 through December 31, 1985. RECOMMENDATION: City Council adopt attached Resolution implementing the Memorandum of Understanding between the City and the Huntington Beach Police Management Association. ANALYSIS: The newly formed Huntington Beach Police Management Association contains the classification of Police Captain. There are currently four incumbents in this classification. This new unit was recognized as appropriate by the Personnel Manager upon written request for unit modification by the Huntington Beach Police Management Association. It was considered appropriate for this classification to be in a unit separate and apart from other employee organizations representing employees in the Police Department. The City and the Huntington Beach Police Management Association have agreed to the following terms and conditions of employment: 1. One year agreement commencing January 1, 1985, terminating December 31, 1985. 2. Salary increase of 1.5% effective on January 1, 1985. Fiscal Year Cost $1,488 12 Month Cost $2,976 3. Assumption of benefits as appropriate for other City management personnel. a) Conversion of PERS Reimbursement to compensation 12 months prior to retirement. b) Maintain 16% differential between Lieutenant and Captain. c) Conversion of optional auto allowance to compensation. d) Other benefit plans utilized by MEO and Non Associated staff. 4. Potential Savings - Incorporates cost_ containment provisions in City Health Plan. ®I PIO 4/81 HONORABLE MAYOR AN,* RCA - POLIC*NAGEMENT ASSN. MOU - CITY COUNCIL MEMBERS DECEMBER 6, 1984 The establishment of a separate unit for Police Captains is advantageous for both the Captains and the City. From the City point of view, management employees should not be represented by the same organization that represents the employees supervised by management. This is a basic principle of labor relations which is included in the National Labor Relations Act (which does not apply to the City) and most other laws governing labor relations. In the public sector it is more common to have the same organization represent both but it is still advisable to have separate units where possible. From the perspective of the employees (Police Captains) a separate unit gives them a better opportunity to communicate with the City about their salaries, benefits, and working conditions and how their needs might have different priorities than other police employees. FUNDING SOURCE: General Fund. ALTERNATIVE ACTION: Continue Meet and Confer Process. ATTACHMENTS: Resolution implementing Memorandum of Understanding between the City and the Huntington Beach Police Management Association. 0921j j -2- j, RESOLUTION NO. 5480 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION. The City Council of the City of Huntington Beach does resolve 'as follows: The Memorandum of Understanding between the City of Huntington Beach. and the Huntington Beach Police Management Association, dated December 17, 1984, a copy of which is attached hereto and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute this agreement. PASSED AND ADOPTED by the City Council of the City of ,Huntington Beach at a regular meeting thereof held on the 7th day of , January 198 5. ATTEST: • APPROVED AS TO FORM: City Clerk City Attorney ti4at'ive Sery APPROVED AS TO CONTENT: Chief of Police PROVED:. City Administrator 06280 TABLE OF CONTENTS TITLE Table of Contents Preamble Article 1 Representational Unit Article 2 Existing Conditions of Employment` Article 3 Salary Schedules & PERS Pickup ,Article 4 Insurance Article 5 Income Protection Plan Article 6 Retirement Article 7 Police Education Incentive Plan Article 8 Vacations Article 9 Sick Leave Article 10 Family Illness Leave Article 11 Bereavement Leave Article 12 Ten Plan Article 13 Uniforms Article 14 Holidays - Article 15 Meal Allowance Article 16 Management Rights Article 17 Term of Memorandum of Understanding Article 18 City Council Approval Exhibit A Salary Schedule PAGE i 1 1 1 1 2 4 5 6 7 8 8 8 8 9 9 9 10 10 11 -i- TABLE OF CONTENTS TITLE Table of Contents r` Preamble Article 1 Representational Unit Article 2 Existing Conditions of Employment Article 3 Salary Schedules & PERS Pickup Article 4 Insurance Article 5 Income Protection Plan Article 6 Retirement Article 7 Police Education Incentive Plan Article 8 Vacations Article 9 Sick Leave Article 10 Family Illness Leave Article 11 Bereavement Leave Article 12 Ten Plan Article 13 Uniforms Article 14 Holidays Article 15 Meal Allowance Article 16 Management Rights Article 17 Term of Memorandum of Understanding Article 18 City Council Approval Exhibit A Salary Schedule PAGE i 1 1 1 1 2 4 5 6 6 8 8 8 8 9 9 9 10 10 11 -I- MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called CITY) and THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION PREAMBLE WHEREAS the designated representatives of the City of Huntington Beach and the Huntington Beach Police Management Association have met and conferred in good faith with respect to salaries, benefits and other terms and conditions of employment for the employees represented by the Association; NOW THEREFORE, this Memorandum of Understanding is. made, to become effective January 1, 1985 and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Police Management Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of represented employees of the Huntington Beach Police Department within the classification titles as outlined in Exhibit A attached hereto and incorporated herein. ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms and conditions of employment which have been established for the classification represented by the Huntington Beach Police Management Association ARTICLE III SALARY SCHEDULES AND PERS PICKUP A. Employees shall be compensated at monthly salary rates by classification title and salary range during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other articles of this agreement. B. Each employee covered by this Agreement shall continue to be reimbursed once every two weeks in an amount equal to 7% of the employee's: base salary as a pickup of the employee's contribution, or portion of such contribution, to the Public Employees' Retirement System. The above PERS: �q pickup is not base salary but is done pursuant to Section 414(h)(2) of the' Internal Revenue Code. C. Each employee, eligible for service retirement, may have his/her 7% PERS pickup reported as compensation for all or any part of the twelve month period prior to his/her service retirement date upon written request to the Finance Director. Such modified reporting shall not be retroactive and shall be for a maximum of twelve months (Government Code Section 20022). D. Each employee, eligible for service retirement, may have his/her optional vehicle allowance reported as compensation for all or any part of the twelve month period prior to his/her service retirement date upon written request to the Finance Director. Such modified reporting shall not be retroactive and shall be for a maximum of twelve months. E. During the terms of this agreement the differential between the salary ranges of the represented classification and those of the next lower classification in the police department shall be no less than 32 ranges. ARTICLE IV INSURANCE A. The CITY shall continue to provide group medical benefits to all employees with coverage and other benefits comparable to the group medical plan currently in effect. B. The group medical insurance plan shall be modified to pay 100% of the usual, customary and reasonable charges for out patient pre -admission testing and out patient surgery. C. Those elective surgeries listed on Exhibit C only will require a second opinion from a list of authorized physicians. The CITY shall provide such list of physicians mutually agreeable to CITY and the ASSOCIATION. It is understood that should an employee or covered dependent elect a listed' surgical procedure without a second opinion, such employee shall receive no benefit. The listed surgical procedures shall be considered elective unless the attending physician certifies that the procedure was performed on an emergency basis without reasonable time for a second opinion. -2- 0 1 0 D. The CITY will assume full payment for dependent health insurance effective the first of the month following the month during which the employee completes one (1) year of full time continuous service with the CITY. E. The CITY shall pay health insurance premiums to a maximum of $400 a month for full family coverage for eligible employees. The employee shall pay for any premium in excess of $400 a month. Those employees electing to be, covered by the HMO option shall continue to have the total monthly premium paid by the CITY. Conditions of dependent eligibility to remain as stated in Article VI Section D above. F. Medical Plan Changes 1. A hospital pre -admission notification to the claims administrator will be required prior to hospital admittance for non -emergencies. If the required notification is not given by the employee, the benefit entitlement will be subject to a $100 deductible against the charges for hospital costs. 2. The Medical Insurance Plan shall exclude coverage of pre-existing medical conditions of new employees and dependents, except under the following conditions: a. The employee or dependent is free from treatment for the pre-existing condition for three consecutive months after the effective date. of coverage under the plan. a b. A pre-existing condition of the employee is covered after an employee completes six months of continuous employment. C. A pre-existing condition of any dependent who has been enrolled in the plan is covered after the employee completes twelve months of continuous service. 3. The Medical Insurance Plan shall be modified to increase the deductible from One Hundred ($100) to One Hundred and Twenty -Five Dollars ($125) per person; and the maximum deductible per family shall be increased from Three Hundred ($300) to Three Hundred and Seventy -Five Dollars ($375) per family during any period of benefit entitlement as described in the City's Employee Health Plan. 4. Eligibility for dependent coverage shall be restricted to: a. Spouses of employees, b. Their unmarried children to age 19, C. Unmarried children from age 19 to 23 if dependent on their parents for at least half their support and living at home or enrolled as a full time student; and -3- d. Totally disabled children of any age who were enrolled in this plan prior to age 23. G. Upon retirement (whether service or disability connected), each employee shall.be entitled to cause himself and his dependents to participate. fully, at his own cost, in the group medical insurance program maintained by the CITY with respect to employees represented by the ASSOCIATION at the CITY's group premium rate. H. Sworn personnel who have been placed on industrial disability' retirement subsequent to January 31, 1974, shall be eligible to continue to participate in the existing group medical insurance plan at their own cost. Participation shall cease upon the earliest of the following: 1. the expiration of three calendar years following the date of the' industrial disability retirement, or 2. the retirees obtaining eligibility for coverage under a comparable medical plan, or 3. eligibility to participate in any City sponsored retiree medical. plan at retiree's own cost. Retirees who cease to participate may exercise . any conversation privileges then in existence. I. Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the City as modified in Exhibit "B". - J. Each employee under age sixty-five (65) shall be provided with $40,000 life insurance and $40,000 accidental death and dismemberment insurance paid for by the CITY. Each employee shall have the option, at his or her own expense, to purchase an additional amount of life insurance in the amount of either $10,000 or $20,000 and accidental death and dismemberment insurance in the amount of $10,000, $20,000, $50,000 or $100,000. Evidence of insurability is contingent upon total participation in additional amounts. K. Members of the represented group shall be given the option of participating in any post -employment medical health program developed by the City during the term of this contract. ARTICLE V INCOME PROTECTION PLAN The existing long term disability program provided by the City shall remain in effect for all personnel. This program provides, for each incident, pay up to sixty calendar days at the employee's salary rate (excluding overtime but including any special pay in effect at the time of illness or injury). After the sixty calendar day period, the employee will be covered by -4- an insurance plan paid for by the City which will provide 66-2/3 percent of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $3,000.00 a month in accordance with the following: Disability Due Disability Due to Accident to illness First 60 days Regular Pay Regular Pay Next 24 months 66-2/3% of base pay 66-2/3% of base pay up to maximum benefit up to maximum benefit of $4,000.00 monthly of $4,000.00 monthly To age 65 66-2/3% up to maximum None benefit of $4,000.00 monthly. A. Days and months refer to calendar days and months. Benefits under the Plan are integrated with Workmen's Compensation, Social Security and other non -private program benefits to which the employee may be entitled. Disability is defined as the inability to perform all of the duties of regular occupation during the first two years of disability and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience. B. Rehabilitation benefits are provided in the event the individual, due' to disability, must engage in other occupation. Plan will provide 66-2/3% of difference between regular pay and pay of other occupation. C. Survivors benefit continues plan payment for three months beyond' death. ARTICLE VI RETIREMENT A. The City will provide, for all safety personnel represented by the; Association whose retirement is effective or whose death occurs after July 1, 1978, Public Employees Retirement System retirement benefits computed by utilizing the two percent at age fifty formula commonly referred to as the California Highway Patrol Retirement Plan. B. In the event a member elects Option #2 (Section 21333) or Option #3, (Section 21334) of the Public Employees' Retirement law, the CITY shall pay' the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the CITY's obligation shall cease. -5- •� � he The method of funding this benefit shall be at the sole discretion of t CITY. This benefit is '`vested for employees covered by this agreement. (Note: The options provide that the allowance is payable to the member until his ,or her death, and then either the entire allowance (Option #2) or one-half, of the allowance (Option #3) is paid to the beneficiary for life.) ARTICLE VII ' POLICE EDUCATION INCENTIVE PLAN A. The Education Incentive Plan shall be continued for sworn personnel as follows: Education Maximum Years of Cont. Educ. Incentive Post College Training HBPD College Units Level Cert. Units Units/Pts. Service Reg. Annually Amount I Inter 30 20+ 10 1 6 83.31 II Inter 60 40+ 20 1 3 125.03 III Adv 90 60+ 30 2 3 166.67 IV Adv 120 0 3 3 250.00 V Adv 150 120+ 30 3 0 250.00. B. Stipulations 1. College major shall be Police Science, Criminology, Political Science, Sociology, Law, Business Administration, Public Administration, Psychology or closely similar field as approved by Chief of Police and Education Committee. 2. Initial eligibility must be approved by Chief of Police. An acceptable yearly performance evaluation, signed by Chief of Police, is required. No incentive taken away without just cause. 3. Training points approved by POST may be substituted for college units, on the following schedule: 10 of 30, 20 of.60; 30 of 90. 4. Pay to be effective first month following approval. 5. After 120 units of B.A. POST approved training points may be substituted for college units without limit. 6. Repeat college courses credited as determined by the college. 7. Repeat POST approved seminars, institutes, etc. credited as determined by the Chief of Police. 8. All college units require grade of "C" or better to qualify. . 9. Obtaining transcripts or other acceptable documentation is employee responsibility. 10. Employee may choose between POST training points or college units where a choice is available. No change allowed once choice is made, no double credit allowed. -6- ARTICLE I VI I VACATIONS A. Anniversary Date: For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time, City employment. B. Annual Vacation: The purpose of annual vacation is to provide a rest period which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the following: 1. Employees who have not completed six (6) months continuous service with the City. 2. Employees who work less than full-time. 3. Employees on leave of absence. C. Vacation Allowance: Permanent employees in City service, having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: 1. For the first through the fourth year of continuous service vacation time will be accrued at the rate of 112 hours per year. 2. After fifth through ninth year of continuous service vacation time will be accrued at the rate of 136 hours per year. 3. For the tenth through fourteenth year of continuous service to the completion of fourteen years of continuous service vacation time will be accrued at the rate of 160 hours per year. 4. After fifteenth year and thereafter of continuous service vacation time will be accrued at the rate of 192 hours per year. D. No vacation may be taken until the completion of six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 2,080 and more than 1,040 hours per year shall receive vacation in one-half the amounts set forth above. E. Vacation When Taken: No employee shall be permitted to take a vacation in excess of actual time earned. Employees covered by this agreement who have accrued more than 320 hours may not use the additional accrual to advance their - separation date on retirement. Vacations shall betaken only with 'permission of the.department head; however, the department head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. -7- F. Terminal Va a on Pay: An employee shall b id for unused vacation upon termination of employment, -at which time such terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to and including the effective date of his termination provided, however, that there shall be no compensation for unused vacation hours accrued in excess of 320 hours. G. Receipt of Vacation Pay: Upon two week written notification to the Finance Director each employee shall be entitled to receive his earned vacation pay, less deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. H. Pay in Lieu of Vacation: An employee may elect to take up to 80 hours of pay for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the current year. ARTICLE IX SICK LEAVE A. All sworn personnel and non sworn Personnel represented by the Association shall have a maximum of 60 calendar days sick leave per incident or illness. Thi's leave shall not accumulate beyond the one year maximum and there shall be no pay off rights to unused leave upon termination of the employee from the City. ARTICLE X FAMILY ILLNESS LEAVE Sick leave may be used for an absence due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absence -shall be limited to five days per calendar year. ARTICLE XI BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed three working days per calendar year in instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse or children of the Employee. ARTICLE XII TEN -PLAN A. The work schedule agreed to by the CITY and the ASSOCIATION during negotiations has been fully implemented and shall remain in effect during the life of this agreement unless changes are agreed to by the Association and the City... B. Effective January 1, 1984, all employees are entitled to work 4 days per week 10 hours each day, meal times to be included during the 10 hour shift. -8 ® ARTICLE XIII UNIFORMS A. Effective October 1, 1980, the CITY shall continue the Uniform Allowance in lieu of the CITY providing uniforms for employees represented by the ASSOCIATION. Such allowance shall be $500 per year payable quarterly to those employees on active duty during that quarter separately from payroll checks. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The CITY will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance or order of the Chief. ARTICLE XIV HOLIDAYS Employees represented by the Association and actively employed by the City, in addition to regular compensation, shall receive each month 1%12 of the total holiday hours (72) earned for the year. They shall be entitled to an additional eight hours of pay at their regular rate for special holidays observed by the City beyond those identified in the Personnel Rules of the City. ARTICLE XV MEAL ALLOWANCE - A. Per Diem - Effective December 24, 1983, employees shall be entitled to per diem under the following circumstances: 1. Personnel are on work assignments, attending seminars, meetings or training sessions which extend beyond their normal work hours or require lodging. Meetings which include a meal may be reimbursed at the actual cost of the meeting or meal. 2. Personnel are unexpectedly delayed or assigned at a location, away from the City when the time extends beyond normal meal period. 3. When on assignment in excess of 25 mile radius beyond their normal work station. 4. Expenses other than those listed in a, b, or c (above) may be considered for reimbursement (receipt required) at the discretion of the Division Commander. 5. Receipts are not required providing that the employee's expenses do not exceed the $35 limit and the expenses are in accordance with the above rules. B. Per Diem Scoule - $35 per 24 hour period o rorated as follows: SA, f<t'eb, a. Breakfast $6.00 b. Lunch $8.00 c. Dinner $16.00 d. Incidentials $5.00 C. Mileage Allowance 1. The CITY shall reimburse employees for the use of personal automobiles at the rate of 260 per mile for all mileage reimbursable by POST. 2. All other mileage not reimbursable by POST shall be compensated at the rate of 230 per mile. ARTICLE XVI MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Chief of Police retains all rights, powers and authority with respect to the management and direction of the performance of police services and the work forces performing such services, provided that nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Chief of Police or the City the right to make unilateral changes in wages, hours, and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of police services, including establishing manning requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE XVII TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on January 1, 1985, and ending at midnight on December 31, 1985 ekcept as expressly provided herein, no further improvements or changes in the salaries and monetary benefits of the employees represented by the Association shall take effect during the term of this Agreement. It is understood that the parties are continuing to meet and confer regarding non -monetary matters such as Personnel Rules, the department rules and manual, and any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. -10- ARTICLE XVIII , CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 19th day of December, 1984. CITY OF HUNTINGTON BEACH By City Administrator APPROVED AS TO FORM: -..OAc City Attorney HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION By P Captain Grover L. Payne By ZC,(�- in Micha Burkenfield By 1..... ✓Captain Do// d L. Jenkins By _2�� ./f/k 77'T Captain BertJT. Ekstrom -11- EXHIBIT A Range 441 - Police Captain STEP A B C D E 3411 3598 3796 4004 4224 • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH ) 0 Res. No. 5480 I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of January 19 85 by the following vote: AYES: Councilmen: MacAllister, Mandic, Bailey, Finley, Green NOES: Councilmen: ' None ABSENT: Councilmen: Kelly, Thomas City Clerk and ex-officio Clerk of the City Council of the City' of Huntington Beach, California