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HomeMy WebLinkAboutHBPMA - Police Management Association - 2000-12-04"s CITY OF HUNTINGTON BEACH MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: AS-04-018 Council/Agency Meeting Held: d Deferred/Continued to: Approved ❑ Conditionally Appr ved ❑ Denni d Ci Clk's nature Council Meeting Date: May 17, 2004 Depart-, Number: AS-04-018 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: WILLIAM P. WORKMAN, ACTING CITY ADMINISTRATOFJ_ PREPARED BY: CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: ADOPT RESOLUTIONS APPROVING SIDE LETTERS TO THE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND HBPOA, HBPMA, AND HBMSOA REGARDING HEALTH INSURANCE fjo Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The city and Huntington Beach Police Officers' Association, Huntington Beach Police Management Association, and the Huntington Beach Marine Safety Officers' Assocation have come to a side letter agreement regarding health and other insurance. Funding Source: Funding was adopted by the City Council with the adoption of Councilmember Coerper's December 15, 2003 H-Item titled, "H" Item for December 18, 2003, City Council Meeting Approval of Funds to Pay Part of Employees Health Insurance Costs. The increase in total annual cost to implement the side letter agreements with the Huntington Beach Police Officers' Association, Huntington Beach Police Management Association, and the Huntington Beach Marine Safety Officers' Assocation is approximately $145,300. The remainder of the funding is included in the Fiscal Year 2003/2004 budget. Recommended Action: 1. Adopt Resolution No. �sk� , a resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the city and the Huntington Beach Police Officers' Association by adopting the side letter of agreement. T -P� HARCA's\POA, PMA, MSOA 2004 Health Side Letter.doc 5/10/2004 4:23 PM REQUEST FOR ACTION MEETING ®ATE: May 17, 2004 DEPARTMENT I® NUMBER: AS-04-018 2. Adopt Resolution No.abb`�r3s , a resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the city and the Huntington Beach Police Management Association by adopting the side letter of agreement. 3. Adopt Resolution No. 0 , (0, a resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the city and the Huntington Beach Marine Safety Officers' Association by adopting the side letter of agreement. Alternative Action(s): Reject the resolutions and maintain the current health insurance plans and employer contributions. Analysis: Representatives of the city and the Huntington Beach Police Officers' Association (POA), Huntington Beach Police Management Association (PMA), and the Huntington Beach Marine Safety Officers' Assocation (MSOA) have completed the meet and confer process on a side letter agreement for health insurance benefits for the 2004 calendar year. Effective August 1, 2004 or sooner (July 1, 2004) the City Plan POS and Health Net HMO will no longer be available to POA, PMA, and MSOA represented employees. Starting August 1, 2004 or sooner (July 1, 2004) all POA, PMA, and MSOA represented employees will begin utilizing the Public Employees' Medical and Hospital Care Act (PEMHCA) for health insurance. PEMHCA health plans are administered by the California Public Employees' Retirement System (CalPERS), and the laws and rules governing PEMHCA are set forth in the California Government Code. The resolution authorizing the city's participation in PEMHCA program are also included on tonight's City Council agenda. Additionally, the effective date for dependent(s) medical insurance (health, dental, and vision) coverage will change from one year from date of hire to the first of the month following thirty days of employment. The current dental and vision insurance plans remain in place. Attachment(s): A resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the city and the Huntington Beach Police Officers' Association by adopting the side letter of agreement. 2 vs- m0 - � Oq 3q H:\RCA's\POA, PMA, MSOA 2004 Health Side Letter.doc 5/10/2004 4:23 PM 2 REQUEST FOR ACTION MEETING ®ATE: May 17, 2004 DEPARTMENT I® NUMBER: AS-04-018 RCA Author: William McReynolds H:\RCA's\POA, PMA, MSOA 2004 Health Side Letter.doc 3 5/10/2004 4:23 PM ATTACHMENT #2 RESOLUTION NO. 2004-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS; on December 4, 2000, the City Council of Huntington Beach adopted Resolution No. 2000-116 for the purpose of adopting the 2000/03 Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Management Association (HBPMA); and On December 16, 2002, the City Council of Huntington Beach adopted Resolution No. 2002-130 which reflected changes, corrections, and clarifications to the MOU that were reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPMA ("2002 Side Letter of Agreement"); Subsequent to the adoption of the MOU and the 2002 Side Letter of Agreement, the City of Huntington Beach and the HBPMA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPMA ("Side Letter of Agreement') attached hereto as Exhibit A and incorporated herein by this reference; - The Side Letter of Agreement replaces and nullifies the 2002 Side Letter of Agreement. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1: The Side Letter of Agreement attached hereto as Exhibit A is approved and Adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPMA. Section 3. The Side Letter of Agreement replaces and nullifies the 2002 Side Letter of Agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of May , 2004. 90 0 m Awv*ar City Clerk M 'APPROVED AS TO FORM: Ptyttorney Lj t5 (010� INITIATED-AND,APPROVED: Director c f�Administrative Services G.IRESOLLT'2004TMA side 5-10-04.doc Exhibit A Side Letter Agreement — Health and Other Insurance Benefits Between the City of Huntington Beach and the Huntington Beach Police management Association Effective: Upon City Council Approval This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Police Management Association (PMA) to reflect agreed upon changes, corrections or clarifications to Article IV — Health and Other Insurance Benefits of the existing Health and Other Insurance Benefits Side Letter (adopted December 16, 2002) and Article XIV — Retiree Medical Program and Exhibit B of the existing 2000-2003 Memorandum -of -Understanding (adopted December 4, 2000). All other terms and conditions of the existing side letters and the Memorandum -of -Understanding remain in full force and effect. Both parties agree to continue the meet and confer process in good faith as`required by the Meyers-,Milias-Brown Act. The goal of the continued meet and confer process is a new Memorandum -of -Understanding between the City and the PMA. The subject of the continued meet and confer process shall be all issues between the parties concerning wages, hours, and other terms and conditions of employment. This agreement is to be incorporated into any future Memorandum -of - Understanding between the City and the PMA. Article IV - Health and Other Insurance Benefits, Article XIV Retiree Medical Program and Exhibit B shall now read: 1 ARTICLE IV - HEALTH AND OTHER INSURANCE BENEFITS A. Health The city shall continue to make available group medical, dental and vision benefits to all association employees: 1. Eligibility Criteria and Cost: a. Year 2004 Premiums Effective January 1, 2004 health premiums for 2004 are as set forth in the chart below: Monthly City Plan Health Net Delta Delta VSP Premium POS HMO Dental (PPO) Dental (HMO)' Vision EE $481.40 $313.01 $48.93 $24.38 $18.07 EE + 1 951.96 685.85 93.42 41.46 18.07 EE + 2 or more 1,165.54 903.97 132.47 63.40 1 18.07 b. Employer Contributions The City's maximum monthly employer contribution. for health and other insurance premiums are set forth in the charts below. January 3, 2004 through March 26, 2004. Monthly - ; City '° Health: Delta Delta' n j Employer Plan Net Dental Dental,.',''VSP Contribution POS HMO ,' (PPO) (HMO) ;Vision EE $429.93 $330.19 $42.88 $23.00 $17.58 EE + 1 758.41 611.67 81.82 39.11 17.58 EE + 2 or more 907.50 776.34 116.36 59.81 17.58 2 March 27, 2004 and until the PEMHCA program is in place. Monthly City Health Delta Delta VSP ` Employer Plan Net Dental Dental Contribution :POS HMO (PPO) (HMO) Vision EE $373.77 $274.03 $42.88 $23.00 $17.58 EE,+ 1 702.25 555.51 81.82 39.11 17.58 EE + 2 or more 851.34 720.18 116.36 59.81 17.58 In no event shall the employee be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. c. Employee Contributions Effective the first pay period beginning in January 2004, employee pre-tax payroll deduction contributions for 2004 premiums are set forth in the charts below: i. Bi-Weekly Employee Contributions January 3, 2004 through March 26, 2004. Bi-Weekly City Health Delta Delta VSP Employee Plan Net Dental Dental Contribution. POS HMO (PPO) (HMO),` Vision EE $23.76 $0.00 $3.83 $0.64 $0.23 EE + 1 89.33 33.99 7.40 1.08 0.23 EE + 2 or more 119.10 58.57 10.37 1.66 0.23 March 27, 2004 and until the PEMHCA program is in place. Monthly City Health Delta Delta ' VSPJL,, Employee Plan Net Dental Dental Contribution POS HMO (PPO) (HMO) Vision EE $49.68 $17.88 $3.83 $0.64 $0.23 EE + 1 115.25 59.91 7.40 1.08 0.23 EE + 2 or more 145.02 84.49 10.37 1.66 0.23 3 ii. Monthly Employee Contributions January 3, 2004 through March 26, 2004. Monthly City Health Delta Delta VSP Employee Plan Net Dental Dental Contribution POS HMO (PPO) (HMO) Vision EE $51.47 $0.00 $8.30 $1.38 $0.49 EE + 1 193.55 73.64 16.04 2.35 0.49 EE + 2 or more - 258.04 126.91 22.47 3.59 0.49 March 27, 2004 and until the PEMHCA program is in place. Monthly,.,,",,,, City ` Health Delta Delta USP Employee,"'' Plan : Net Dental Dental Contribution, POS HMO (PPO) (HMO l Vision EE, , $107.63 $38.73 $8.30 $1.38 $0.49 EE + 1 249.71 129.80 16.04 2.35 0.49 EE + 2 or more 314.20 183.07 22.47 _ 3.59 0.49 d. Future Premiums The City "caps" its contributions toward monthly group medical, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan, at the year 2004 level. Until the City Council approves a successor to this Memorandum -of - Understanding, the City's 2004 contribution caps will remain in place, even if premium increases result in these additional costs being borne by the employee. e. Dependent Health Coverage until the PEMHCA program is in place The city will assume payment for dependent coverage for the City Plan POS, Health Net HMO,. Delta Dental, and VSP 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. 4 2. Public Emplovees' Medical and Hospital Care Act The City will promptly begin the contract process with the California Public Employees' Retirement System (CaIPERS) to implement the provisions of the Public Employees' Medical and Hospital Care Act (PEMHCA), as set forth in the California Government Code, to .provide medical insurance coverage for all employees represented by the association. The contract to provide medical coverage through PEMHCA shall not be construed as a guarantee of a continuing benefit. A retiree's right to receive a City contribution, and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CaIPERS for medical insurance. In addition, while the City is in PEMHCA, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. The City may elect to terminate its participation in the PEMHCA program by agreement between the association and the City or if the City elects to impose termination of its participation in the PEMHCA program on the association. Until the City Council and the CaIPERS Board approve the City's participation in PEMHCA and the City is fully participating in PEMHCA the rates and plans stated above (Article X.A.1.a) will continue to, apply to all employees. a. Employer Contributions Upon the City's full participation in PEMHCA the following premiums shall apply: i. City Contribution — Health Insurance The City shall contribute on behalf of each employee, the following sum per month toward the payment of premiums for medical insurance under the PEMHCA program. (The following monthly sum represents the parties' understanding of the minimum monthly contribution required by law (and assumes the City remains in PEMHCA throughout this time period). If the mandated minimum is increased from these figures, the City shall make the appropriate adjustments by decreasing the supplemental benefit set forth in subsection "iii" below.) E 2004 $32.20 2005 $48.40 2006 $64.60 2007 $80.80 2008 $97.00 2009 and beyond Shall be adjusted annually by the CalPERS Board ii. City Contribution — Dental and Vision Insurance The City shall contribute on behalf of each employee, the following sum per month toward the payment of premiums for dental and vision insurance under the city sponsored programs. March 27, 2004 through December 31, 2004 The effective date for all dental and vision coverage [i.e., employee and dependent(s)] is the first of the month following one full month of employment. Until the City Council approves a successor to this Memorandum - of -Understanding, the dental and vision insurance contribution caps will remain in place, even if dental and vision insurance cost increases result in these additional costs being borne by the employee. N iii. Supplemental Benefit — Health and Vision Insurance In addition to the amount specified above (Article X.A.2.a.i and X.A.2.a.ii), the City will contribute up to the following amounts as a supplemental benefit to PEMHCA health and vision insurances: The employee will have no entitlement to any portion of the supplemental benefit not utilized by the employee. Any cost for health and vision insurance benefits that exceeds the City's supplemental benefit to health insurance contribution is the responsibility of the employee and the employee will cover the cost through a payroll deduction. To the extent permitted by law an employee's payroll deduction will be pre-tax. So long as the City remains in PEMHCA the supplemental benefit to health and vision insurance contribution shall be decreased every January 1, by an amount equal to the City's increased contribution set forth in Article X.A.2.a.i above. Each year from January 1, 2005 until January 1, 2009, the monthly -required PEMHCA contribution is expected to increase $16.20. If the monthly -required PEMHCA contribution is increased by more than $16.20 per month, then the amount of the supplemental benefit will be decreased by that higher amount. After January 1, 2009, the CalPERS Board will determine the monthly -required PEMHCA contribution; if it increases then the amount of the supplemental benefit will be decreased by that higher amount. Until the City Council approves. a successor to this Memorandum - of -Understanding, the supplemental benefit to health and vision insurance contribution caps will remain in place, even if health and vision insurance cost increases result in these additional costs being borne by the employee. b. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to 7 retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. is City Contribution (Unequal Contribution Method) As allowed by the Government Code and the CalPERS Board, and requested by the association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The following is an example of the sum per month toward the payment of premiums for medical insurance under the PEMHCA medical insurance program for a -retiree or annuitant. The City shall make these payments only while the City is a participant in the PEMHCA program. 2004 { $1.00 2005 ! $3.42 2006 ; $6.65 2007 $10.69 2008 $15.54 2009 and beyond Shall be adjusted annually by the CaIPERS Board ii. Citv's Termination of Participation in the PEMHCA oroaram The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the association and the City or if the City elects to impose termination of its participation in the PEMHCA program retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the city terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2000-116 Exhibit B to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. F c. Additional Costs for Participation in the PEMHCA program i. Retiree and/or Annuitant Coverage The association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA.plan but is not participating ` in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article X.A.2.b.i provides an example of expected payments per retiree or annuitant per month. In the event of passage of State Legislation, Judicial Rulings, or CaIPERS Board Actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the association fails to make timely payments for two. consecutive months, . the Cityshall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. [For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits.] ii. Excess Administrative Fees The association shall remit to the City its pro rata share of any administrative fees charged by CaIPERS that exceed ` that employee organization's pro-rata share of the administrative fees the City will no longer have to pay to hire employees to administer the City's plan. d. Impact of Programmatic Changes In the event of passage of State Legislation, Judicial Rulings, or a CalPERS Board Action, which in any way changes the employer's contribution to the PEMHCA medical plan, the City shall terminate its contract with CalPERS at its earliest opportunity, unless the association pays the full cost of the change. Examples of �q programmatic changes which would change the City's employer's contribution, include, but are not limited to, the CalPERS Board decision to assess a Contingency Fund fee, eliminating the differential contribution for retirees set forth in Government Code Section 22857(b), and/or eliminating the ability to differentiate between the minimum insurance contribution and the supplemental benefit contribution: In order to remain within the CalPERS medical plans in the event of passage of State Legislation, Judicial Rulings, or a CaIPERS Board Action that changes the employer's contribution to the CaIPERS medical plan, the association shall pay the full cost of the change(s) to the employer contribution or the City shall terminate its contract with CaIPERS at its earliest opportunity. The association may request termination of the City's contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer's contribution to the CalPERS medical plan. 3. Medical Cash -Out If an employee is covered by a medical program outside of a city - provided program (evidence of which must be supplied to Administrative Services Department), they may elect to discontinue city medical coverage and receive ninety two dollars and thirty-one cents ($92.31) bi- weekly to deposit into their Deferred Compensation account or any other pre-tax program offered by the city. 4. Section 125 Employee Plan The City shall provide an Internal Revenue Code section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses as determined by the Internal Revenue Code. B. Insurance 1. Life Insurance Each employee 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 and accidental death and dismemberment insurance. 10 2. 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 thirty (30) 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 thirty calendar day period, the employee will be covered by an insurance plan paid for by the City which will provide 66 2/3% of the employee's salary rate (excluding overtime and any special pay) in accordance with the following to age 65: a. Days and months refer to calendar days and months. Benefits under the Plan are integrated with Workers' 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. Survivors' benefit continues plan payment for three months beyond death. 11 ARTICLE XIV — RETIREE MEDICAL PROGRAM As required by the Government Code, while the City is contracted with CalPERS to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the association and the City or if the City elects to impose termination of its participation in the PEMHCA program retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the city terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2000-116 Exhibit B to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. 12 EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance.` Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System (CaIPERS). The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. During any period the retired employee is eligible to receive or receives medical insurance coverage at the expense of another employer, the payment will be suspended. "Another employer" as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the Service Credit Subsidy as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such medical insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive further benefits will cease. b. 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 13 (whether or not such application is made) the City's obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. c. In the event of the death of an eligible employee, whether retired or.not, the amount of.the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 4. Minimum Eligibility for Benefits — With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel Rules. To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. Disability Retirees - Industrial disability retirees with less.than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $120. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy — Payment shall not exceed dollar amount, which is equal to the qualified medical expenses incurred for the purchase of city sponsored medical insurance. 14 7. Maximum Monthly Service Credit Subsidy Payments - All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), continuous years of regular (permanent) service shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: Maximum Service Credit Subsidy Retirements After: Years of Service Service Credit Subsidy 10 $ 120 11 135 12 150 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20 270 21 285 22 299 23 314 24 329 25 343 The Service Credit Subsidy will be reduced every January 1St by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article X.A.2.b.i provides an example of expected reductions per retiree per month. 8. Medicare: a. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. 15 b. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. C. When a retiree at age 65 is, eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. 9. Cancellation: a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age 65. ii. At age 65 retirees are eligible to make application for Medicare. Upon being considered "eligible to make application," whether or not application has been made for Medicare, the Service Credit Subsidy Plan will be eliminated. 16 It is the understanding of the City of Huntington Beach and the Huntington Beach Police Management Association that this side letter to the existing Health and Other Insurance Benefits Side Letter (adopted December 16, 2002) and the existing 2000-2003 Memorandum -of -Understanding (adopted December 4, 2000) 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 side letter to the Memorandum -of -Understanding this 2-day of May, 2004. Clay Mart' Director bf Administrative Services APPROVED AS TO FORM: nnifer M Grath City Attorney HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION L-494:i�_ Charles Thomas Preside t rwin P. Feuerstein Treasur _L ON, Wiliam M. Stuarf- Negotiating Team 17 Res. No. 2004-35 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at an adjourned regular meeting thereof held on the 17th day of May 2004 by the following vote: AYES: Coerper, Hardy, Green, Cook, Houchen NOES: Sullivan. Boardman ABSENT: None ABSTAIN: None e ex�4 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California � i 3 a Z '� i ra Ni a n•, ��` � � � a'�g� o-s n f", k 3 y� �f 'S No 3 "� t,: .. �, y e ArFsti,Jgo, .21.27 SS j t �i i .a k �J; 4# ', � Y apt i �5 a L r s of ag E 4 t- rv._ ,� "ey it`"'' € !� _ r" y 4 r` x, .,xi `t may'. � � � � � � . � � � � � � � � §� � . - j� �§6� ��'\�\f�. � � \� � � �: .� !� .� � � :� � � © � � �� } � .� .: « � :� � 6� y� rt.0 - - CITY OF HUNTINGTON BEACH--=' MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: AS-04-019 Council/Agency Meeting Held: O Deferred/Continued to: pproved ❑ Conditionally Approved ❑ De ied __.1e6'�•� /� Cit er 's Ignatur Council Meeting Date: May 17, 2004 Department ID Number: AS-ol 1 SUBMITTED TO: SUBMITTED BY: CITY OF HUNTINGTON BEACH REQUEST FOR ACTION HONORABLE MAYOR AND CITY COUNCIL n,, WILLIAM P. WORKMAN, ACTING CITY ADMINISTRATOR11 CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: ADOPT RESOLUTIONS APPROVING ELECTION OF THE CITY TO BE SUBJECT TO THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO THE POA, PMA, AND MSOA Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The city and Huntington Beach Police Officers' Association, Huntington Beach Police Management Association, and the Huntington Beach Marine Safety Officers' Assocation have come to an agreement to have the California Public Employees' Retirement System administer health insurance through the Public Employees' Medical and Hospital Care Act. Funding Source: Not Applicable Recommended Action: 1. Adopt Resolution No-, 00 `?\ - \ , a resolution of the City Council of the City of Huntington Beach electing to be subject to Public Employees' Medical and Hospital Care Act with respect to the Huntington Beach Police Officers' Association and Fixing the City's Contribution for Annuitants at Different Amounts. 2. Adopt Resolution No. �' WA - 3-�-- , a resolution of the City Council of the City of Huntington Beach electing to be subject to Public Employees' Medical and Hospital Care Act with respect to the Huntington Beach Police Management Association and Fixing the City's Contribution for Annuitants at Different Amounts. a s H_1RCA's\PEMHCA Resolution.doc 5/11/2004 2:21 PM REQUEST FOR ACTION MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: AS-04-019 3. Adopt Resolution No. a60 - --�a�), a resolution of the City Council of the City of Huntington Beach electing to be subject to Public Employees' Medical and Hospital Care Act with respect to the Huntington Beach Marine Safety Officers' Association and Fixing the City's Contribution for Annuitants at Different Amounts. Alternative Action(s): Reject the resolutions and maintain the current health insurance plans. Analysis: Representatives of the city and the Huntington Beach Police Officers' Association (POA), Huntington Beach Police Management Association (PMA), and the Huntington Beach Marine Safety Officers' Assocation (MSOA) have completed the meet and confer process on health insurance benefits for the 2004 calendar year. Effective August 1, 2004 or sooner (July 1, 2004) all POA, PMA, and MSOA represented employees will begin utilizing the Public Employees' Medical and Hospital Care Act (PEMHCA) for health insurance. PEMHCA health plans are administered by the California Public Employees' Retirement System (CalPERS), and the laws and rules governing PEMHCA are set forth in the California Government Code. The resolutions agreeing to the side letter agreements are also included on tonight's City Council agenda. Attachment(s): RCA Author: William McReynolds H:1RCA's1PEMHCA Resolution_doc 5/11/2004 2:21 PM ATTACHMENT #2 RESOLUTION NO. 2004-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION AND FIXING THE CITY'S CONTRIBUTION FOR EMPLOYEES AND THE CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS WHEREAS, Government Code Section 22850.3 provides that a contracting agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act with respect to a recognized employee organization only; and Government Code Section 22857 provides that a contracting agency may fix the amount of the City's contribution for employees and the City's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by art amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and The City of Huntington Beach ("City") is a local agency contracting with the Public Employees' Retirement System; and The City desires to obtain for the members of the Police Management Association, .who are employees and annuitants of the agency, the. benefit. of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. That the City does hereby elect to be subject to the provisions of the Act, Section 2. That the City's contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefit plan up to a maximum of $32.20 per month, Section 3. That the City's contribution for each annuitant shall be the amount necessary to pay the cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of $1.00 per month, Section 4. That the City's contribution for each annuitant shall be increased annually by 5 percent of the monthly contribution for employees, until such time as the contributions are equal; and that the contributions for employees and annuitants shall be in addition to those amounts contributed by the City for administrative fees and to the Contingency Reserve Fund, G:aESOLUTN\2004\PERS-PMA.doc 1 'olution 2004-32 Section 5. That the City Council appoints and directs the Director of Administrative Services to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of City all functions required of it under the Act and Regulations of the Board of Administration, Section 6. That coverage under the Act be effective on or before August 1, 2004. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of May , 2004. a s AU/sMarCity ClerW f4ay9k City Administrator APPROVED AS TO FORM: jity Attorn WITIAT N APPR VED: Director o dministrative Services GARESOLUTN\2004TERSTMA.doc 2 l Res. No. 2004.32 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY `OFHUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at an adjourned regular meeting thereof held on the 17th day of May 2004 by the following vote: AYES: Coerper, Hardy, Green, Cook, Houchen NOES: Sullivan, Boardman ABSENT: None ABSTAIN: None 0 City Cler and ex-officio Clerk of the City Council of the City of Huntington Beach, California INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: ADOPT RESOLUTIONS APPROVING ELECTION OF THE CITY TO BE SUBJECT TO THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO THE POA, PMA, AND MSOA COUNCIL MEETING DATE: May 17, 2004 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable Administrative Staff Assistant City Administrator (Initial) City Administrator (Initial) City Clerk EX N�A 0WFOR F2ETURN OF ;ITEM RCA Author: William McReynolds CITY OF HUNTINGTON BEACH �`' ''" X47--t-, MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: AS-02-054 Council/Agency Meeting Held: 12-1" Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's Sign re Council Meeting Date: December 16, 2002 Department ID Number: AS-02-054 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORad 31�: ZZ PREPARED BY: WILLIAM P. WORKMAN, ASSISTANT CITY ADMINISTRATOR CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: ADOPT RESOLUTION APPROVING SIDE LETTER MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE MANAGEMENT ASSOCIATION As, /1/e , +c . -. / 0 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: As required by the 2000-2003 Huntington Beach Police Management Association Memorandum of Understanding the city and Police Management Association have come to a side letter of agreement regarding health insurance for calendar year 2003. Funding Source: Funding is included in the Fiscal Year 2002/2003 Budget. The total annual cost to implement the Side Letter of Agreement with the Huntington Beach Police Management Association is approximately $75,000. Recommended Action: Adopt Resolution No. 20W, -/30 , a resolution of the City Council of Huntington Beach amending the Memorandum of Understanding between the City and the Huntington Beach Police Management Association by adopting the side letter of agreement. Alternative Action(s): Reject the resolution and maintain the current health insurance premiums caps. H:\RCA's\PMA side letter.doc -0- 12/12/2002 9:40 AM REQUEST FOR ACTION MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: AS-02-054 Analysis: Representatives of the city and the Huntington Beach Police Management Association (PMA) have completed the meet and confer process on a side letter of agreement for health benefits for the 2003 calendar year. Effective January 4, 2002 employees will share in the cost for 2003 medical, dental, and vision increases. Depending on the category of coverage selected by each employee in the medical, dental, and vision plans, employees will be contributing through a pre-tax payroll deduction between approximately $160.00 and $890.00 per year to offset the cost of 2003 health insurance increases. Year 2003 Premiums The city "caps" its contributions for 2003 premiums at the level set forth in the chart below: Monthly City City Plan HMO Dental Dental Vision .Paid Premium (PPO) (PMI) EE $336.05 $236.31 $42.88 $23.00 $17.58 EE + 1 664.53 517.79 81.82 39.11 17.58 EE + 2 or more 813.62 682.46 116.36 59.81 17.58 Employee bi-weekly payroll deduction contributions for 2003 premiums are set forth in the chart below: Bi-Weekly Employee Paid City Plan HMO Dental Dental Vision Premium (PPO) (PMI) EE $12.00 $5.95 $1.89 $0.00 $0.23 EE + 1 23.72 13.05 3.66 0.00 0.23 EE + 2' or more 29.04 17.20 5.12 0.00 0.23 Attachment(s): RCA Author: William McReynolds H:\RCA's\PMA side letter.doe 4. 11/27/2002 10:39 AM RESOLUTION NO. 2002-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE THE SIDE LETTER OF AGREEMENT. WHEREAS, on December 4, 2000, the City Council of Huntington Beach adopted Resolution No. 2000-116 for the purpose of adopting the 2001/03 Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Management Association (HBPMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPMA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. That the Side Letter of Agreement is approved and adopted. 2. That the Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPMA. 3. That the City Administrator is authorized to execute the Side Letter of Agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the —16th day of n rPmher , 2002. ATTEST: dar4� City Clerk Mayor REVIEWED AND APPROVED: City Admif istrator APPROVED AS TO FORM: c , � ity Attorne (Z/jpl/(� INITIAT D PP D: Director Administrative Services 01 reso/mou-hbpma/12/3/02 1 EXHIBIT A Side Letter of Agreement — Health And Other Insurance Benefits Between the City of Huntington Beach and the Huntington Beach Police Management Association Effective Date: January 4, 2003 This is to memorialize an agreement between the ` City of Huntington Beach and the Huntington Beach Police Management Association to reflect agreed upon changes, corrections or clarifications to Article IV — Health and Other Insurance Benefits of the existing 2000-2003 Memorandum -of - Understanding. This agreement is to be incorporated into any future Memorandum -of - Understanding between the City of Huntington Beach and the Huntington Beach Police Management Association. Article IV — Health and Other Insurance Benefits shall now read: ARTICLE IV - HEALTH AND OTHER INSURANCE BENEFITS A. Health: 1. Medical, Dental, Vision: The city shall continue to make available group medical, dental and vision benefits to all. PMA employees. 2. Eligibility Criteria and Cost: a. Year 2003 Premiums The city "caps" its contributions for 2003 premiums at the level set forth in the chart below: Monthly City Paid Premium City Plan HMO Dental (PPO) Dental (PMI) Vision EE $ 336.05 $ 236.31 $ 42.88 $ 23.00 $ 17.58 EE + 1 664.53 517.79 81.82 39.11 17.58 EE + 2 or more 813.62 682.46 116.36 59.81 17.58 Employee bi-weekly payroll deduction contributions for 2003 premiums are set forth in the chart below: Bi-Weekly Dental Dental .Employee Paid City Plan HMO (PPO) (PMI) Vision Premium EE $ 12.00 $ 5.95 $ 1.89 $ 0.00 $ 0.23 EE + 1 23.72 13.05 3.66 0.00 0.23 EE + 2 or more 29.04 17.20 5.12 0.00 0.23 b. Future Premiums The city "caps" its contributions toward monthly group medical, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan, at the year 2003 level. Until the City Council approves a successor Memorandum - of -Understanding, the city's 2003 contribution caps will remain in place in 2004 and beyond, even if premium increases result in these additional costs being borne by the employee. c. Dependent Health Coverage The City will assume 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. d. Medical Cash Out: If an employee is covered by a medical program outside of a city -provided program (evidence of which must be supplied to the Administrative Services Department), they may elect to discontinue City medical coverage and receive ninety two dollars and thirty-one cents ($92.31). bi-weekly to deposit into their. Deferred Compensation account or any other pre-tax program offered by the City. e. Section 125 Plan: Employees may begin utilizing this plan, which allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. B. Insurance: a. Life and Accidental Death & Dismemberment Insurance: Each employee shall be provided with $40,000 life insurance and $40,000 accidental death and dismemberment insurancepaidfor 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 $25,000, and accidental death and dismemberment insurance in the amount of $25,000, $50,000 or $100,000. Evidence of insurability is contingent upon total participation in additional amounts. b. 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 thirty (30) 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 thirty calendar day period, the employee will be covered by an insurance plan paid for by the city which will provide 66 2/3% of the employee's salary rate (excluding overtime and any special pay) in accordance with the following to age 65: 1. 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. 2.. 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. 3. Survivors benefit continues plan payment for three months beyond death. IN WITNESS WHEREOF, the parties hereto have executed this side letter to the Memorandum -of -Understanding this 2 77iday of November, 2002. HUNTINGTON BEACH CITY OF HUNTINGTON OEACH POLICE MANAGEMENT ASSOCIATION William P. Workman Charles Thomas, PMA President Assistant City Administr for Clay Mart' Daniel J. Joh Vice -President Direct of Administrative Services Win P. Feuerstein, PMA Negotiating Team APPROVED AS TO FORM: Gai Hutton a C- r— City Attorney Res. No. 2002-130 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH` ) I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at an regular meeting thereof held on the 16tn day of December, 2002 by the following vote: AYES: Sullivan, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: Coerper (out of room) ABSTAIN: None 1114 Of City Clerk and ex-officio CI k of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: ADOPT RESOLUTION APPROVING SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE MANAGEMENT ASSOCIATION COUNCIL MEETING DATE: December 16, 2002 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS KUA Autnor: William McReynolds G M MtYv / AM, *V., W, osq­P; y4N of Council/Agency Meeting Held: Deferred/Continued to: ,(A roved ❑ Condi nally Approved ❑ Denied k!f- 'ty C rk S gnature Council Meeting Date: September 17, 2001 Department ID Number: AS 01-032 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION o SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS _ o�-: C:) SUBMITTED BY: RAY SILVER, City Administrator &Q.0 -cam . PREPARED BY: CLAY MARTIN, Director of Administrative Services _I D SUBJECT: APPROVAL OF THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the memorandum of understanding between the City and the Huntington Beach Police Management Association be amended to reflect agreed upon changes, corrections or clarifications. Funding Source: Costs of $35,000 are budgeted in the 2000/01 budget, account 10040101.79100 (Non Departmental General Fund Contingency.) Recommended Action: Adopt Resolution Numbero?00/­ Q amending the Memorandum of Understanding between the City and the Huntington Beach Police Management Association, by adopting the side letter of agreement and authorizing the City Administrator to execute the side letter of agreement. Alternative Action(s): Do not approve the side letter of agreement between the City and the HBPMA. Analysis: The Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Management Association (HBPMA) was a three-year agreement effective January 1, 2001. A MOU between the City and the Police Officers' Association (POA) was subsequently agreed to on May 21, 2001. To assure uniformity of treatment within the Police Department, memorialize specific MOU changes in working conditions and correct or clarify existing language, this side letter has been agreed upon. This side letter recognizes that the City agreed to provide the "3% @ 50" retirement plan as soon as PERS approval is granted, while the Association agreed to pay for future City retirement costs up to a maximum of 2.25% from the PERS salary reimbursement. The City agreed to provide the Level IV 1959 Survivor's Benefit. Sideletter Between the City and PMA 9/6/01 8:37 AM REQUEST FOR COUNCIL ACTION MEETING DATE: September 17, 2001 DEPARTMENT ID NUMBER: AS 01-032 The City and Association agreed to language clarification regarding "call back" time, meal allowance and overtime -compensatory time for Sergeants. The Uniform Allowance was increased from $700 to $1,200 to be consistent with POA. The City and Association agreed to the same language changes regarding 7/11.5 work schedule and Personnel Rule changes that were in the POA agreement. Environmental Status: Not applicable. Attachment(s): RCA Author. William H. Osness Sideletter Between the City and PMA 9/6/01 8:37 AM ATTACHMENT RESOLUTION NO. 2001 _6g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE THE SIDE LETTER OF AGREEMENT. WHEREAS, on December 4, 2000, the City Council of Huntington Beach adopted Resolution No 2000-116 for the purpose of adopting the 2001/03 Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Management Association (HBPMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPMA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: That the Side Letter of Agreement is approved and adopted. 2. That the Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPMA. 3. That the City Administrator is authorized to execute the Side Letter of Agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of oP:tPm r , 2001. ATTEST: City Clerk a9— 23—al REVIEWED AND APPROVED: City Ad lnistrator NAIM gy-b �- 4utkn, Mayor APPROVED AS TO FORM: Ci ey (iYt�1 q«61 x� �a-=o1 INITIATE D APPROV Director of ministrative ices 01 reso/mou-hbpma%9/ i,01 Res. No. 2001-68 EXHIBIT • Fxfi.4 tO "A Side Letter of Agreement Res. No. 2001-68 Between the City of Huntington Beach and the Huntington Beach Police Management Association This is to memorialize an agreement between the City of Huntington Beach and the Huntington Beach Police Management Association to reflect agreed upon changes, corrections or clarifications to the existing 2001-2003 Memorandum of Understanding. This agreement is to be incorporated into any future memorandum of understanding between the City and the Huntington Beach Police Management Association. Article III — Salary Schedule and Retirement D. Upon adoption of the 2000-2003 Huntington Beach Police Management Association Memorandum of Understanding, the City shall initiate action to amend its contract with PERS to implement the "3% at age 50" retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. At the present time, based upon actuarial studies conducted by PERS, the City is not required to make any retirement contributions with respect to employees represented by the Association. If,a_t any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article 111.13 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable." the amount of the reimbursement set forth in Article 111.13 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article 111.13 shall be reduced to- 6.75% of the employee's compensation earnable. E. The City agrees to provide PERS Level IV 1959 Survivor's Benefit with PERS approval. 01-03 PMA Sideletter 8/27/01 3:02 PM C Xi.1/C017- rr Res. No. 2001-68 Side Letter of Agreement Between the City of Huntington Beach and the Huntington Beach Police Management Association Article VI — Special Pay and Allowances E. Uniform Allowance — The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees represented by the Association. Such allowance shall be 1,200 per year; payable in January to those employees on active duty on January 1st. Employees hired after January 1st shall have their uniform allowance pro -rated for each month in which they were on active duty for at least one full shift, separately from payroll checks. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police. J. Call Back — Police Sergeants who are called back to work will be paid a minimum of two (2) hours pay at the rate of time and one half their regular hourly rate, upon arrival at the department or the incident scene until released. L. Meal Allowance: 1. Per Diem — Employees shall be entitled to per diem under the following circumstances: a. Personnel with prior knowledge and approval of their supervisor and on work assignments, or attending meetings or training in excess of a 25-mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal hours or require lodging. b. Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule. 01-03 PMA Sideletter 8/27/01 10:52 AM A-A121b1f- -ter . Res. No. 2001-68 Side Letter of Agreement Between the City of Huntington Beach and the Huntington Beach Police Management Association c. Meal expenses other than listed in "a" or "b" above may be considered for reimbursement (receipts required) of the Division Commander. d. Receipts are not required other than noted above. 2. Per Diem Schedule — $45 per 24 hour period or pro -rated as.follows; breakfast - $10, Lunch - $15, Dinner $20. Article.Xll — Workschedule/Overtime/Time Off A. Work Schedule 1. 4-10 Plan — Unless designated elsewhere, unit employees are entitled to work four (4) days per week, ten (10) hours each day, meal times to be included during the ten hour shift. 2. 7-11.5 Plan — The 7.11.5" work schedule will be implemented for designated employees of the Patrol Bureau only and shall consist of a 14-day 7(K) FLSA work week. a. Workday A workday for employees assigned to. the 7-11.5 work. schedule will consist of 11 hours and 25 minutes of work, meal times to be included in the shift. b. Work Period — For those employees working 11 hours and 25 minutes a day, the "work period" will consist of two consecutive weeks with 3 shifts of 11 hours and 25 minutes in one week and 4 shifts of 11 hours and 25 minutes in the second week. The total hours of these two consecutive weeks shall be considered equaling eighty (80) hours. The two -week cycle then repeats itself. c. Work Shifts — The primary work shifts in the 7-11.5 work schedule will be as follows: Watch One will work 0605 hours to 1730 hours, Watch Two will work 1505 hours to 0230 hours, and Watch Three will work 1905 hours to 0630 hours. 01-03 PMA Sideletter 8/27/01 3:02 PM Side Letter of Agreement Res. No. 2001-68 Between the City of Huntington Beach and the Huntington Beach Police Management Association d. Overtime — Non-exempt employees shall receive time and one-half their salary rate for all time worked in excess of their regularly scheduled shift and/or 80-hour work period. B. Exempt Employees (Captains and Lieutenants) — Police Captains and Lieutenants represented herein are exempt employees as to the Fair Labor Standards Act (FLSA) and as such shall . not be disciplined in the form of suspension of less than a week for non -safety violations and shall not be eligible for overtime compensation except in the following instances. 1. When such employees are required to fill a full, or partial, work shift that is not part of the employee's regular work schedule. Partial shift shall mean five (5) hours or more of a work shift. In such an instance, the employee may be compensated at the rate of 1 'h hours for each hour worked in the form of pay or time off. Such time shall not accrue in excess of 140 hours. D. Compensatory Time. in Lieu of_ Overtime (Sergeants) - Police Sergeants may elect to receive compensatory bank time in lieu of overtime pay to a maximum of: 140 hours, subject to advance approval of the department head. 01-03 PMA Sideletter 8/M01 10:52 AM 06 Side Letter of Agreement Res. No. 2001-68 Between the City of Huntington Beach and the Huntington Beach Police Management Association EXHIBIT C Personnel Rule Changes Article XIII — Education Pay B. Educational Incentive Plan (Sergeants) 1. The Educational Incentive Plan shall be continued for Police Sergeants as follows, except that no more than thirty (30) units of approved life - experience credits may be accepted toward educational incentive pay: Educational Incentive Level POST Certificate College Units Maximum Training Years of HBPD Service College Units Required Annually Monthly Amount Units Points I Intermediate 30 20+ 10 1 6 $ 115 II Intermediate 60 40+ 20 A 3 $ 170 III Advanced 90 60+ 30 2 3 $ 330 IV Advanced 120 0 3 3 $ 330 V 1 150 120+ 30 3 0 $330 9. Rule 20 — Disciplinary Procedure and Appeal c) 20-53 — Appeal to Personnel Commission — Disciplinary action involving the dismissal, suspension, demotion or other authorized reduction in pay may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: 1) Request for Appeal — Within five (5) days after the employee's receipt of a final Notice of Discipline, a written request for an appeal to the Personnel Commission shall be submitted to the Human Resources Officer. 2) Hearing As soon as practicable thereafter, the Human Resources Officer shall set the matter for hearing before a hearing officer. The hearing officer, selected in accordance with Rule 21-7, shall hear the case without the Commission and shall make recommended findings, conclusions and decisions in the form of a written report and recommendation to the Commission. 01-03 PMA Sideletter 8/27/01 10:52 AM /Y Side Letter of Agreement Res. No. 2001-68 Between the City of Huntington Beach and the Huntington Beach Police Management Association EXHIBIT C Personnel Rule Changes 3) Final Decision - The Commission shall consider the written report and recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further administrative appeal. d) 20-4 — Supplemental Hearing by Personnel Commission 1) The Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Commission sets a private hearing for such purposes, the Human Resources Officer shall give written notice to all parties concerned in such matter. 2) The Commission, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Commission, .shall make findings, conclusions and decisions which shall be final and binding on all parties and from which there shall be no further administrative appeal. 01-03 PMA Sideletter 8/27/01 10:52 AM Side Letter of Agreement Res. No. 2001-68 Between the City of Huntington Beach and the Huntington Beach Police Management Association EXHIBIT C Personnel Rule Changes It is the understanding of the City and Huntington Beach Police Management Association that this sideletter to the existing .MOU 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 side letter to the Memorandum of Understanding this 17th day of September, 2001. CITY OF HUNTINGTON BEACH sue' Ray S' ver, City Administrator �N William Osness Human/Rpsources Officer Ronald E. Lowenberg, Chief of Pol APPROVED AS TO FORM: Gail Hutton, City Attorney HUNTINGTON BEACH PJICEMANAGEMENT ASSOCIATION Lt. Chuck Thomas, HBPMA President Captain Jon Arnold, HBPMA.Board Member 01-03 PMA Sideletter 8/27101 3:02 PM Res. No. 2001-68 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at a regular meeting thereof held on the 17th day of September, 2001 by the following vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None — 40�0� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk I I To: Date: Meeting Date: 'J�//2/ Agenda Item: PV/f9' Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 4..a'+ 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached) 5. Wording On Request For Council Action (RCA) Unclear""' A Recommended Action on RCA not complete B Clarification needed on RCA j. C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other G: agenda/m isdreaf orm INITIATING DEPARTMENT: . Administrative Services SUBJECT: Approval of the Side Letter of Agreement Between the City of Huntington Beach and the Huntington Beach Police Management: Association COUNCIL MEETING DATE: September 17, 2001 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable Council/Agency Meeting Held: 1 `2 �I -cu Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied I-��Uy Cork's Signature -, Council Meeting Date: December 4, 2000 Department ID Number: AS 00-046 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION ' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratorol/u PREPARED BY: CLAY MARTIN, Acting Director of Administrative Services C. SUBJECT: APPROVE THE THREE YEAR MEMORANDUM OF �„S �� ZC1fd �l UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the proposed three year Memorandum of Understanding between the City and the Police Management Association be approved? Funding Source: General Fund, $451,400 approved as part of 2000/01 budget. Total increase in cost of this three-year agreement is $1,927,000. See attached Fiscal Impact Statement. . Recommended Action: 1. Approve Resolution No. 07A9 -i/6 adopting a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Management Association. 2. Authorize the appropriation of $60,464 to pay the increased salary and benefit costs for 2000/01. Alternative Action(s): Refer back to meet and confer process to modify the proposed Memorandum of Understanding with the Huntington Beach Police Management Association. Analysis: The Huntington Beach Police Management Association (HBPMA) represents forty-four (44) Police Sergeants, Lieutenants and Captains. The current HBPMA Memorandum of Understanding expires December 31, 2000. Representatives of HBPMA and the City have exchanged proposals and met and conferred regarding those proposals. The City and HBPMA have agreed to new memoranda of understanding (MO.U) for a three- year period from July 1, 2001 through December 31, 2003. The proposed MOU includes a salary increase of approximately 15% for Police Sergeant, 11.5% for Police Lieutenant, and 10.5% for Police Captain effective December 23, 2000. ��' 12--, REQUEST FOR COUNCIL ACTION MEETING DATE: December 4, 2000 DEPARTMENT ID NUMBER: AS 00-046 Additional salary increases in the second year of 2% for Police Sergeants and Lieutenants and 2.5% for Police Captain, and in the third year of 5% for Police Sergeants and Lieutenants and 6% for Police Captains. The City agreed to increase the City contribution to medical, dental and vision to cover any increase costs during the first two years of the MOU with a reopener to discuss cost containments and plan costs for 2003. The HBPMA agrees to specific medical cost containments in 2001, with the elimination of the two-tier medical for new employees. The City agreed to provide the "3% @ 50" retirement plan in June of 2001; while the association agreed to pay for future City retirement costs up to a maximum of 2.25% from the PERS salary reimbursement. The HBPMA agreed to replace the current vacation and sick leave accrual system with a new general leave plan. Slight monetary increases were provided for the educational incentive and professional achievement programs. MOU language changes and clarifications were agreed to involving telephone business, flex work schedule, meal allowance and personnel rules. A summary of the proposed agreement is attached. Attachment(s): List attachment(s) below. RCA Author: William H. Osness 00-03 PMA MOU -2- 12/1/00 10:12 AM ATTACHMENT #1 ATTACHMENT #2 RESOLUTION NO. 2000-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR THE TERM OF JANUARY 1, 2001, TO DECEMBER 31, 2003 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, a copy of which is attached hereto as Exhibit "A" 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. Such Memorandum of Understanding shall be effective for the term January 1, 2001, to December 31, 2003. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ATTEST: e; ��� _ow_,o d (4 -,V-4 y -- City Clerk k 2— if -- oo REVIEWED AND APPROVED: City Ad ininistrator adl/00reso/Police Management MOU RLS 2000-1093 - 12-01-00 4th ' day of member 2000. `f1 v Mayor APPROVED AS TO FORM: ZZ: �: -� &i. � - WttorneY ` 2 --1 - '0o INITIATED AND APPROVED: (V <' :jg= Directo f Administrative Services Res. No. 2000-116 EXHIBIT - A City of Huntington Beach and Police Management Association Summary of Agreement 1. Term of Contract — January 1, 2001 to December 31, 2003 2. Salary January 2002 — The City will provide a 3% salary increase to the Police Sergeant and Police Lieutenant classifications. The City will provide a 3.5% salary increase to the Police Captain Classification. January 2003 — The City will provide a 2% salary increase to the Police Sergeant and Police Lieutenant classifications. The City will provide a 2.5% salary increase to the Police Captain Classification. January 2003 — The City will provide a 3% salary increase to the Police Sergeant and Police Lieutenant classifications. The City will provide a 3.5% salary increase to the Police Captain Classification. 3. Retirement — City will provide the "3% @ 50" benefit on June 30, 2001 if Police Management Association agrees to pay one-half of the cost, a maximum of: 2.25% of PIERS salary, when the City incurs a cost. If approved by PIERS, City agrees to provide Level III 1959 Survivor's Benefit. 4. Health — The City proposes to increase City contributions to the City's medical, dental and vision plans to cover added cost for fiscal year 2001/02 and eliminate two -tiering of medical plan provided the association agrees to the following: 0 HealthNet HMO City of Huntington Beach and Police Management Association Summary of Agreement • Deductible increased from $150 to $250 per individual, and $450 to $500 per family. • Out of Pocket maximum increased from $1,000 to $2,000 per individual and $2,000 to $4,000 per family. The City and Police Management Association agree to a re -opener in July, 2002 to discuss cost containments and plan costs for 2003. The City and Police Management Association agree to change Preventive Medical Care benefits from every other year to every year and to change well, baby examination language. 5. Educational Incentive Program (Police Sergeants) — The City will increase educational incentive levels to the following amounts: Level I Increased from $100 a month to $115 per month Level II Increased from $150 a month to $170 per month Level III Increased from $200 a month to $230 per month Level IV Increased from $300 a month to $330 per month Level v Increased from $300 a month to $330 per month 6. Flight Pay — Increase Certified Flight Instructor compensation from $450 a month to $800 a month. Increase Pilot compensation from $370 a month to $500 a month. 7. Court Time Compensation (Police Sergeants) — The City will pay two (2) hours of straight pay for subpoenas cancelled with less than 24 hours notice. The City will increase the minimum for court standby time from two (2) hours to three (3) hours of straight pay for each morning and afternoon court session. 8. Compensatory Time Accumulation — Increase maximum limit of compensatory time accumulation from a maximum accumulation of 120 hours to 140 hours. 9. General Leave — Effective January 1, 2001, employees will cease to accrue sick leave and vacation leave, and the Long -Term Disability Insurance waiting period shall be reduced from 60 to 30 days. Instead, employees will begin accruing general leave. General leave may be used for any purpose, including vacation, sick leave, and personal leave. When an officer is promoted to Sergeant, he/she transitions from the Police Officers' Association to the Police Management Association. These officers will PMA 01-03, Summary of Agreement 11/30/00 12:01 PM 10 City of Huntington Beach and Police Management Association Summary of Agreement receive a safety value of 240 hours of sick time. These hours can be used as regular sick time during the first twelve (12) months after the promotion, but will sunset at the end of this period. Within the first year the Sergeant will have had the opportunity to accumulate up to 256 hours of General Leave. Professional Achievement Reward Program: 11. Association Business — An allowance of 50 hours per year shall be established for the purpose of allowing duly authorized representatives of the Association to conduct lawful Association business. MOU Issues 12. Telephone Business — Off -duty employees who are called back to work will be paid a minimum of fifteen (15) minutes when telephoned at home regarding departmental business. 13. Ten Plan — Flex Work Schedule — Employees accepting specialty assignments, that have been post as such, shall be required to work a flex 40-hour workweek scheduled as directed. 14. Meal Allowance — City has proposed new meal allowance language to clarify when employees are entitled to meal allowance per diem. Personnel Rules 15. Order of Certification — New Language. 16. Cause of Discipline — Language change. 17. Termination — Removal of Language. 18. Medical Examination — New Language. 19. Classification Plan — Language change. 20. Salary Advancement — Language change. PMA 01-03, Summary of Agreement 11/30/00 12:01 PM City of Huntington Beach and Police Management Association Summary of Agreement 21 Industrial Accidents Leave — Language change. 22. Disciplinary Procedures and Appeal — Language change. 23. Disciplinary Procedures — New Language. 24. Appeal to Personnel Commission — Language change. 25. Supplemental Hearing By Personnel Board — Language change. 26. Employee Status on Pending Appeal — Language change. Flexible Benefit Program 27. Medical Cash -Out — Allows an employee who is covered by a medical program outside of the City -provided program (evidence of which must be supplied to Administrative Services Department, Human Resources Division) to elect to drop: City medical coverage and receive two hundred dollars ($200) per month to deposit into their deferred compensation account or any other pre-tax program offered by the City. 28. Deferred Compensation Loans — Employees will be able to borrow up to 50 percent of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home, pursuant to program standards and regulations. 29. IRS Section 125 Program — Effective January 2001 employees may begin utilizing a IRS Section 125 Program, where employees may use pre-tax dollars to pay for annual dependent care and/or medical expenses. PMA 01-03, Summary of Agreement 11/30/00 12:01 PM Res. No. 2000-116 POLICE MANAGEMENT ASSOCIATION 2001-2003 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PAGE PREAMBLE..................................................................................................................................................................2 ARTICLE I -- REPRESENTATIONAL UNIT......................................................................................................... 2 ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT.........................................................................2 ARTICLE III -- SALARY SCHEDULES AND RETIREMENT............................................................................2 ARTICLE IV --HEALTH AND OTHER INSURANCE BENEFITS.....................................................................3 A. HEALTH: ............................................................................................................................................................... 3 B. INSURANCE: .......................................................................................................................................................... 6 ARTICLE V -- BEREAVEMENT LEAVE...............................................................................................................6 ARTICLE VI -- SPECIAL PAY AND ALLOWANCES.........................................................................................7 A. AUTO ALLOWANCE: .............................................................................................................................................. 7 B. FLIGHT PAY..........................................................................................................................................................7 C. MOTOR PAY: ......................................................................................................................................................... 7 D. BILINGUAL PAY....................................................................................................................................................8 E. UNIFORM ALLOWANCE.........................................................................................................................................8 F. COURT STANDBY TIME.........................................................................................................................................9 G. HOLIDAYS WORKED.............................................................................................................................................9 H. COURT APPEARANCE TIME...................................................................................................................................9 I. NON -COURT STANDBY TIME................................................................................................................................9 J. CALL BACK...........................................................................................................................................................9 K. PAY IN LIEU OF COMPENSATORY TIME.................................................................................................................9 L. MEAL ALLOWANCE: ............................................................................................................................................. 9 M. MILEAGE ALLOWANCE.......................................................................................................................................10 N. TELEPHONIC BUSINES.........................................................................................................................................10 ARTICLE VII -- DRUG TESTING.........................................................................................................................10 ARTICLE VIII —LEAVE BENEFITS.....................................................................................................................10 A. ANNIVERSARY DATE....................................................................................w....................................................10 B. GENERAL LEAVE................................................................................................................................................10 C. SICK LEAVE........................................................................................................................................................12 D. SICK LEAVE UPON PROMOTION..........................................................................................................................12 ARTICLEIX SICK LEAVE PAY..........................................................................................................................12 ARTICLE X -- MISCELLANEOUS PROVISIONS..............................................................................................13 01-03 PMA MOU -i- 12/l/00 9:17 AM Res. No. 2000-116 POLICE MANAGEMENT ASSOCIATION 2001/2003 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS A. RE -OPENER ......................................................................................................................................................... l3 B. FLEET MANAGEMENT PROPOSAL ........................................................................................................................ l3 C. PsuoommsL RULE CHANGES ............................................................................................................................... l3 D. WEAPONS VESTING ............................................................................................................................................. l3 E. ASSOCIATION BUSINESS ...................................................................................................................................... l3 F. DsFEKmCn COMPENSATION L0ANS----------------.---..---'------------.J3 ARTICLEXI — HOLIDAYS .................................................................................................................................... l4 A. HOLIDAYS WITH PAY (CAPTAINS AND LIEUTENANTS) ........................................................................................ l4 B. }{OcoDAr COMPENSATION --------------------.---'-----------'_---.l4 ARTICLE XII— OFF/TEN PLAN __-_'.~_~_~____~_~____~l5 A. 4'lOPLAN ........................................................................................................................................................... l5 B. EXEMPT EMPLOYEES (CAPTAINS AND LIEUTENANTS) ........................................................................................ lj C. TIME AND ONE HALF (SsR0EANro).................................................................................................................... 6 D. COMPENSATORY TIME cwLIEU nrOVERTIME (SERGEANTS ................................................................................ l6 A. pnoFsSuu]maL ACHIEVEMENT REWARD PROGRAM ............................................................................................ 6 ARTICLE XlV—RETIREE MEDICAL PROGRAM ............................................................................................... l7 ARTICLE XVD—TERM OF MEMORANDUM OF UNDERSTANDING .........................................................l8 EFFECTIVEDsCsmosn23,2OUO.................................................................................................................................. 20 EFFECTIVEDcCsmosu22'2O8l.................................................................................................................................. O EFFECTIVEDccsmasa2l,2O02.................................................................................................................................. l EXHIBITB................................................................................................................................................................ %2 MEMORANDUM OF UNDERSTANDING Res. No.2000-116 BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) WHEREAS the designated representative 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, 2001 and end on December 31, 2003. 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 of Police Captain, Police Lieutenant, and Police Sergeant 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 RETIREMENT A. Employees shall be compensated at monthly salary rates by classification title and salary ranges 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 Memorandum of Understanding. B. Each employee covered by this Agreement shall be reimbursed once every two weeks in an amount equal to 9% of the employee's base salary and special pay as a pickup of the employee's contribution, or portion of such contribution, to the Public Employees' Retirement System. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. Res. No. 2000-116 C. The City and PMA agree that new employees shall not be eligible for the "Self - Funded Supplemental Retirement Benefit" (as described in Article XI, Paragraph A.2 of the Police Officers' Association 1997/2000 Memorandum of Understanding). D. Effective on or before June 30, 2001, the City shall amend its contract with PERS to implement the "3% at age 50" retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. At the present time, based upon actuarial studies conducted by PERS, the City is not required to make any retirement contributions with respect to employees represented by the Association. If, at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article 111.13 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article 111.13 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article 111.13 shall be reduced to 6.75% of the employee's compensation earnable. E. The City agrees to provide PERS Level III 1959 Survivor's Benefit with PERS approval. ARTICLE IV --HEALTH AND OTHER INSURANCE BENEFITS A. Health: 1. Medical, Dental, Optical: 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 City will pay medical claims under the Employee Health Plan within thirty (30) days of the receipt of the claim or provide written notice to the claimant of the reason for delay. 2. Dental -- The City shall continue to provide dental plan benefits equal to those currently being provided by the City. The Indemnity Dental Plan will include a $25 deductible per person per year. 01-03 PMA MOU -3- 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 3. Optical -- Optical Plan benefits will provide for one (1) pair of eyeglasses every twelve (12) months, subject to the terms and conditions of the current policy. 4. Eligibility Criteria and Cost: a. 2001 Premiums-- The City "caps" its contribution toward employee monthly health insurance premiums by category and plan at the rate in effect January 1, 2001 for the year ending December 31, 2001 as set forth below: MONTHLY CITY HEALTH DELTA DELTA :. VW* �PREMIUMS,, PLAN ` . NET DENTAL CARE SAFEGUARD (Vision) S.� 0 11 EMPLOYEE 261.01 170.01 36.99 22.12 16.20 17.58 ONLY EMPLOYEE 516.14 312.51 70.65 37.61 29.16 17.58 + ONE EMPLOYEE 631.94 490.98 100.37 57.51 37.22 17.58 + FAMILY b. 2002 Premiums — The City "caps" its contribution toward employee monthly health insurance premiums by category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect January 1, 2002 for the year ending December 31, 2002. c. 2003 Premiums: 1) Health Insurance Caps — The City "caps" its contribution toward employee monthly health insurance premiums by category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect December 31, 2002 for the year beginning January 1, 2003. 2) Re -Opener — The City and Association agree to re -open discussions on health cost containment and plan costs on July 1, 2002, for the year 2003. d. Dependent Health Coverage -- The City will assume payment for dependent health insurance, subject to paragraph 4a above, effective 01-03 PMA MOU 4 12/1/00 9:17 AM 1 POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 01-03 PMA MOU 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. City Medical Plan Changes Effective January 1, 2001: 1) One HMO — One HMO (HealthNet) shall be offered. 2) Annual Plan Deductibles — The medical plan deductible shall be two fifty hundred dollars ($250) per individual with a maximum of five hundred dollars ($500) per family. 3) Out of Pocket -- Increase the maximum out of pocket from $1,000 to $2,000 per individual, and $2,000 to $4,000 per family. 4) Preventive Medical Care — Part IX of the Employee Health Document shall be revised to read as follows: Benefits will be provided up to $200 per person every year for preventive medical care. Such care shall include such usual preventive medical options as an every year physical exam for adults, yearly. PAP tests for females, flu shots, chest x-rays, EKG and other diagnostic lab tests if certified by the physician that such procedures are included under a routine physical examination and is not in connection with the diagnosis or treatment of any illness, disease or accidental bodily injury. All well baby exams for an infant for the first year of life will be allowed and are not subject to the $200 maximum benefit. All immunizations for infants/adults will be provided and coverage is not limited to the $200 maximum benefit. f. Medical Cash Out — Effective January 1, 2001, if an employee is covered by a medical program outside of a city -provided program (evidence of which must be supplied to the Administrative Services Department, Human Resources Division), they may elect to discontinue City medical coverage and receive two hundred dollars ($200) per month to deposit into their Deferred Compensation account or any other pre-tax program offered by the City. g. Section 125 Plan — Effective January 1, 2001, employees may begin utilizing this plan, which allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. 5 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 B. Insurance: 1. Life Insurance — Each employee 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 $25,000, and accidental death and dismemberment insurance in the amount of $25,000, $50,000 or $100,000. Evidence of insurability is contingent upon total participation in additional amounts. 2. 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 thirty (30) 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 thirty calendar day period, the employee will be covered by an insurance plan paid for by the City which will provide 66, 2/3% of the employee's salary rate (excluding overtime and any special pay) in accordance with the following to age 65: 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 V -- BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed three working days in each instance of death in the immediate family. Immediate family is defined as father, . mother, sister, brother, spouse, children, grandchildren and grandparents of the employee or spouse. 01-03 PMA MOU 6 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 ARTICLE VI -- SPECIAL PAY AND ALLOWANCES A. Auto Allowance: 1. The provisions of Administrative Regulation 407 -- Auto Allowance, shall apply to employees represented by the Police Management Association. Any modifications to Administrative Regulation 407, either by the City or through implementation of an MOU with PMA, shall automatically modify the auto allowance benefit provided for employees represented by the Police Management Association. Auto allowance for employees represented by the Police Management Association shall be no less than $350 per month during the term of this Agreement. 2. Employees that are assigned a City vehicle must reside within 25 miles of the City's limits. Such employees shall be allowed to use the assigned vehicle for personal use within the City limits and/or within ten (10) miles of the employee's residence. B. Flight Pay Employees assigned to duty as helicopter personnel shall receive $500 per, month and those assigned, as Certified Flight Instructors shall receive $800 per month in addition to their applicable salary. C. Motor Pay: 1. Employees assigned to motorcycle duty shall receive a flat rate of $300 per month for hazardous duty pay. 2. Employees may drive their motorcycle to and from their residence to their place of work is such travel does not exceed 200 miles per week excluding overtime. 3. In consideration of the motor officers receiving the foregoing compensatory duty pay, the Association agrees that any time spent on maintenance and/or cleaning of motorcycles, as described below, while off duty and away from their place of employment is not considered to be time worked for purpose of salary or overtime calculations. The Department shall supply necessary materials needed to perform the following duties: a. Keeping the assigned motorcycle cleaned and waxed. b. Keeping the drive chain properly lubricated and adjusted. 01-03 PMA MOU 7 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 c. Performing a daily check of the motorcycle fluid levels and tire pressure. d. Scheduling required routine services at specified mileage intervals with police motorcycle mechanics. D. Bilingual Pay Qualified employees who meet the criteria will be paid a monthly pay differential of 5% of their base pay. The Police Chief will have written the oral tests designed and administered to test for qualifications. The qualifications will cover the more routine foreign language requirements in filling out crime reports, interviewing suspects and witnesses, and responding to the public on matters relating to an incident or other police action. 1. The languages included will be; Spanish, Vietnamese and sign language. 2. Authorization of qualified employees for bilingual compensation will be based on the following: a. A need for the employee to use the language in the City to support the implementation of police operations. b. At the discretion of the Police Chief, he may submit the number of employees qualified in each category based on department needs. 3. Successful completion of tests authorized by the Police Chief will be required to qualify for differential pay for any of the languages. Retesting may be done on an annual basis. E. Uniform Allowance The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees represented by the Association. Such allowance shall be $700 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 by order of the Chief of Police. 01-03 PMA MOU 8 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 F. Court Standby Time Police Sergeants required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of three (3) hours straight time pay for each morning and afternoon court session. Employees will be paid two (2) hours at straight pay for subpoenas cancelled with less than ' twenty-four (24) hours notice. G. Holidays Worked Police Sergeants who work on a recognized City holiday shall be compensated at their premium hourly rate (time and one half) for time actually worked from 12:00 A.M. through 11:59 P.M. H. Court Appearance Time Police Sergeants required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours pay at time and one half; provided, however, that if such time overlaps with the employee's working hours, said premium rate shall be limited to those hours occurring prior to or after the employee's scheduled work time. I. Non -Court Standby Time A Police Sergeant who is placed on standby status by his supervisor shall, receive four (4) hours straight time pay for each 24-hour period of standby status. J. Call Back Police Sergeants who are called back to work will be paid a minimum of two (2) hours pay at the rate of time and one half their, regular hourly rate. K. Pay in Lieu of Compensatory Time In the month of December and April of each year, employees may, at their option, be paid for their accrued compensatory time. L. Meal Allowance: 1. Per Diem -- Employees shall be entitled to per diem under the following circumstances: 01-03 PMA MOU 9 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 a. Personnel with prior knowledge and approval of their supervisor on work assignments, attending seminars, meetings or training in excess, of a 25-mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal work hours or require lodging. b. Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule. c. Meal expenses other than listed in a or b above may be considered for reimbursement (receipts required) at the discretion of the Division Commander. d. Receipts are not required other than noted above 2. Per Diem Schedule -- $45 per 24 hour period or pro -rated as follows; breakfast - $10, Lunch - $15, Dinner $20. M. Mileage Allowance The City shall reimburse mileage to employees for the use of personal automobiles at the amount allowed by the most recent Internal Revenue allowance. N. Telephonic Busines Off -duty employees shall be compensated a minimum of fifteen (15) minutes when telephoned at home regarding departmental business.. ARTICLE VII -- DRUG TESTING Unit employees shall participate in a random drug/alcohol testing program as proposed by the Chief of Police. ARTICLE VIII —LEAVE BENEFITS A. Anniversary Date For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he/she commenced full-time City employment. B. General Leave 01-03 PMA MOU 10 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 1. Accrual — Effective December 23, 2000, employees will cease to accrue sick leave and vacation leave, and the Long -Term Disability insurance waiting period shall be reduced from 60 to 30 days. Instead, employees will begin accruing general leave at the accrual rates outlined below. General leave may be used for any purpose, including vacation, sick leave, and personal leave. Vacation time accrued through December 23, 2000 will be added to the employee's general leave account effective December 24, 2000. General leave shall be accrued as follows: Years of Service General Leave Allowance First through Fourth Year 176 Hours Fifth through Ninth Year 200 Hours Tenth through Fourteenth Year 224 Hours Fifteenth Year and Thereafter 256 Hours 2. Eligibility and Approval — Accrued general leave may be taken after six (6) months' service, when used as vacation; and at anytime for sick leave purposes. General leave accrued time is to be computed from hiring date anniversary. Members shall not be permitted to take general leave in excess of actual time earned. Effective December 23, 2000, employees shall not accrue general leave in excess of six hundred hours (600). Employees may not use their general leave to advance their separation date on retirement or other separation from employment. General leave must be pre -approved except for illness, injury or family sickness, which may require a physician's statement for approval. 3. Terminal General Leave Pay -- An employee shall be paid for unused general leave upon termination of employment at which time such terminating employee shall receive compensation at his/her current salary rate for all unused, earned leave to which he/she is entitled up to and including the effective date of his/her termination. 4. Receipt Advance General Leave Pay — Upon two weeks written notification to the Director of Finance, each employee shall be entitled to receive his/her earned general leave pay, less deductions, in advance, prior to his/her regular scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. 5. Conversion to Cash — An employee may elect to take up to 120 hours of pay per calendar year for accrued general leave in lieu of time off. It is the intent of the parties that employees will take vacation during the current year. 01-03 PMA MOU 11 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 C. Sick Leave 1. Accrual — No employee shall accrue sick leave after December 22, 2000 2. Credit — Employees hired prior to Decembver 23, 2000 shall be credited with their sick leave accrued as of December 22, 2000. 3. Usage — Employees may use accrued sick leave for the same purposes for which it was used prior to December 23, 3000. 4. Family Sick 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 absences shall be limited to five (5) days per calendar year. D. Sick Leave Upon Promotion Employees promoted to Police Sergeant after December 31, 2000, shall receive two hundred forty (240) hours of sick leave. These hours may be used for sick leave purposes during the first twelve (12) months after promotion. Any unused sick leave credited upon promotion shall be eliminated one (1) year from date of promotion to Police Sergeant. ARTICLE IX SICK LEAVE PAY A. Employees covered by this agreement and on the payroll on November 20, 1978 shall be entitled to the following sick leave payoff plan: At termination, employees shall be compensated at their then current rate of pay for fifty percent (50%) of unused sick leave, up to a maximum of 720 hours of unused, accumulated sick leave. B. 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 (35%) of all unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours. C. No employee shall be paid at termination for more than 720 hours of unused, accumulated sick leave. 01-03 PMA MOU 12 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 D. Employees electing to participate in the City's group health insurance program after retirement may cause the premiums to be paid by the City out of any available funds due and owing them under the terms of this agreement for unused sick leave benefits upon retirement. E. Sick leave shall not be used to extend absences due to work related (industrial) injuries or illnesses. ARTICLE X -- MISCELLANEOUS PROVISIONS A. Re -Opener If there is any change to the benefits provided to POA that differ from those provided to PMA, either the City or Association may request to reopen discussions regarding a change to that specific benefit. B. Fleet Management Proposal The Association agrees to meet and confer on a City Fleet Management Proposal during the term of this agreement. C. Personnel Rule Changes The City and the Association agree to implement the rule changes and accordingly revise the Personnel Rules as described in Exhibit C. D. Weapons Vesting Employees assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, he/she shall be fully vested with ownership. E. Association Business An allowance of fifty (50) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent members in their employment relations. F. Deferred Compensation Loans Unit employees will be able to borrow up to fifty (50) percent of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home, pursuant to program standards and regulations. 01-03 PMA MOU 13 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 G. Ten Plan — Flex Work Schedule Employees accepting specialty assignments, that have been posted as such, shall be required to work a flex 40-hour workweek scheduled as directed. ARTICLE XI -- HOLIDAYS A. Holidays with Pay (Captains and Lieutenants) Police Captains and Lieutenants shall have the following legal holidays with pay: 1. New Year's Day (January 1) 2. Martin Luther King Day (third Monday in January) 3. Washington's Birthday (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving Day (forth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Day (December 25) 11. Any day declared by the President of the United States to be a national holiday, or the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach. B. Holiday Compensation Compensation for legal holidays shall be provided as follows: 1. If a day the City observes as a legal holiday designated above falls on an employee's regular workday, the employee will receive the day off; 01-03 PMA MOU 14 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 2. If a day the City observes as a legal holiday designated above falls on an employee's regular day off, the employee will be compensated with eight (8) hours of compensatory time; 3. Employees who are required to work on a day the City observes, as a legal holiday designated above shall be compensated in accordance with Article XII. 4. Police Sergeants, in addition to regular compensation, shall receive each month 1/26 of the total holiday hours (80) earned for the year. 5. Police Sergeants who work on a recognized City holiday shall be compensated at their premium hourly rate (time and one half) for time actually worked from 12:00 A.M. through 11:59 P.M. 6. All holiday pay shall be reported as base salary to PERS. ARTICLE XII -- OVERTIME/TIME OFF/TEN PLAN A. 4-10 Plan Effective January 1, 1984, all employees are entitled to work four (4) days per week, ten (10) hours each day, meal times to be included during the ten hour shift. B. Exempt Employees (Captains and Lieutenants) Police Captains and Lieutenants represented herein are exempt employees as to the Fair Labor Standards Act (FLSA) and as such shall not be disciplined in the form of suspension of less than a week for non -safety violations and shall not be eligible for overtime compensation except in the following instances: 1. When such employees are required to fill a full, or partial, work shift that is not part of the employee's regular work schedule. Partial shift shall mean five (5) hours or more of a work shift. In such an instance, the employee may be compensated at the rate of 1 1/2 hours for each hour worked in the form of pay or time off. Such time shall not accrue in excess of 120 (120) hours. 2. Police Captains and Lieutenants will be entitled to the City policy of granting five days administrative time off per year to compensate the Captains and Lieutenants for their previous (when authorized) time and one-half overtime benefit. 01-03 PMA MOU 15 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 C. Time and One Half (Sergeants) Police Sergeants shall receive time and one half their salary rate for all time worked in excess of 40 hours during any given work week. D. Compensatory Time in lieu of Overtime (Sergeants Police Sergeants may elect to receive compensatory bank time in lieu of overtime pay to a maximum of 120 140 hours, subject to advance approval of the department head. ARTICLE XIII -- EDUCATIONAL PAY A. Professional Achievement Reward Program Unit employees who have received certification for completion of the FBI Academy and/or the POST Command College shall receive an additional $65 per month for each certificate, and Police Sergeants that have completed the POST Supervisory Leadership Institute shall receive $80 per month. No employee shall receive more than $145 for professional achievement. B. Educational Incentive Plan (Sergeants) 1. The Educational Incentive Plan shall be continued for Police Sergeants as follows, except that no more than thirty (30) units of approved life - experience credits may be accepted toward educational incentive pay: Education Incentive Level POST Certificate College Units Maximum Training Units Points Years of HBPD Service College Units Required Annually Monthly Amount I Intermediate 30 20+ 10 1 6 $ 115 II Intermediate 60 40+ 20 1 3 $ 170 III Advanced 90 60+ 30 2 3 $ 230 IV Advanced 120 0 3 3 $ 330 V Advanced 150 120+ 30 1 3 0 $ 330 2. Stipulations: a. College major shall be Police Science, Criminology, Political Science, Sociology, Law, Business Administration, Public Administration, 01-03 PMA MOU 16 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 Psychology or closely similar field as approved by the Chief of Police and Education Committee. b. Initial eligibility must be approved by the Chief of Police. An acceptable yearly performance evaluation, signed by the Chief of Police is required. No incentive shall be taken away without just cause. c. Training points approved by POST may be substituted for college units, on the following schedule: 10 of 30, 20 of 60, 30 of 90. d. Pay to be effective first month following approval. e. After 120 units of B.A. or POST approved training points may be substituted for college units without limit. f. Repeat college courses credited as determined by the college. g. Repeat POST approved seminars, institutes, etc., credited as dewtermined by the Chief of Police. h. All college units require grade of "C" or better to qualify. i. Obtaining transcripts or other acceptable documentation is employee's responsibility. j. Employee may choose between POST training points or college units where a choice is available. No change allowed once choice is made. No double credit allowed. ARTICLE XIV -- RETIREE MEDICAL PROGRAM Medical benefits for retired members shall be provided as described in Exhibit B subject to modification pursuant to the process described in Article IV herein. ARTICLE XV -- 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 01-03 PMA MOU 17 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 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 XVI -- TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on January 1, 2001, and ending at midnight on December 31, 2003. Except 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 unless agreed upon by the City and the Association. It is understood that the parties are continuing to meet and confer regarding non -monetary matters such as Personnel Rules changes. Any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. 01-03 PMA MOU 18 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 ARTICLE XVII -- CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or affect 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 d+-h day of De,Pmber , 2000. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION ity Administrator HBP A President � , o� Human ResoujGqs Officer APPROVED AS TO FORM: City Attorney 01-03 PMA MOU 19 12/1/00 9:17 AM EXHIBIT A — SALARY SCHEDULE Res. No. 2000-116 POLICE MANAGEMENT ASSOCIATION POLICE MANAGEMENT ASSOCIATION Effective December 23, 2000 Step Job Code Classification Range A B C D E 4701 Police Captain 609 7881 45.47 8314 47.97 8772 50.61 9254 53.39 9763 56.33 4701 Police Lieutenant 580 6822 39.36 7196 41.52 7592 43.80 8009 46.21 8450 48.75 3360 Police Sergeant 532 5368 30.97 5662 32.67 5974 34.47 6304 36.37 6650 38.37 Effective December 22, 2001 Step Job Code Classification Range A B C D E' 4701 Police Captain 616 8162 47.09 8611 49.68 9084 52.41 9583 55.29 10110 58.33 4701 Police Lieutenant 586 7028 40.55 7415 42.78 7822 45.13 8252 47.61 8706 50.23 3360 Police Sergeant 538 5531 31.91 5836 33.67 6156 35.52 6494 37.47 6851 39.53 01-03 PMA MOU -20- 12/1/00 9:17 AM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Res. No. 2000-116 POLICE MANAGEMENT ASSOCIATION Effective December 21, 2002 Step Job Code Classification Range A B C D E 4701 Police Captain 621 8366 48.27 8827 50.93 9313 53.73 9824 56.68 10365 59.80 4701 Police Lieutenant 590 7169 41.36 7562 43.63 7978 46.03 8417 48.56 8879 51.23 3360 Police Sergeant 542 5643 32.56 5954 34.35 6281 36.24 6626 38.23 6990 40.33 Effective May 24, 2003 Step Job Code Classification Range A B C D E 4701 Police Captain 628 8664 49.99 9141 52.74 9644 55.64 10174 58.70 10734 61.93 4701 Police Lieutenant 596 7387 42.62 7793 44.96 8221 47.43 8673 50.04 9150 52.79 3360 Police Sergeant 548 5813 33.54 6131 35.38 6470 37.33 6825 39.38 7202 41.55 01-03 PMA MOU 21 12/1/00 9:17 AM EXHIBIT B Res. No.2000-116 CITY OF HUNTINGTON BEACH RETIREE SUBSIDY 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 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: 1. During any period the retired employee is eligible to receive or receives health insurance coverage at the expense of another employer, the payment will be suspended. "Another employer" as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the premium contribution as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such health insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive further benefits will cease. 2. 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. 3. In the event the Federal Government or State Government mandates an employer -funded health plan or program for retirees, or mandates that the City make contributions toward a health plan 01-03 PMA MOU -22- 12/1/00 9:17 AM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN Res. No. 2000-116 (either private or public) for retirees, the City's contribution rate as set forth in this plan shall first be applied to the mandatory plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance necessary for such coverage, if any. 4. 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. SCHEDULE OF BENEFITS A. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement, eligibility for benefits begin after an employee has completed ten (10) years of continuous 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. B. 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 $40 for retirements after 10/1/87, $80 after 10/1/88, and $121 after 10/1/89. 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. 01-03 PMA MOU 23 12/1/00 9:17 AM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN Res. No. 2000-116 C. Maximum Monthly Subsidy Payments - All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), 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 10/1/92 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 Note: The above 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. 01-03 PMA MOU 24 12/1/00 9:17 AM Res. No. 2000-116 EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS A. Eliqibility: 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. Personnel 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. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post -retirement employment of the retiree or spouse of the. retiree, the retiree and his/her spouse must take that coverage regardless of benefit. level and shall be deleted from any City Plan coverage. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such "other" medical plan coverage if there is significant disparity between the benefits provided by the "other" medical plan and the Retiree Subsidy Medical Plan as defined below. "Significant disparity" means coverage available under the "other" medical plan is restrictive or limited in one or more of the following ways: 1) No in -patient hospitalization coverage. 2) No major medical benefits 3) Annual deductible is $1,000 or greater per person. 4) Major medical benefits are paid at 60% or, less of covered expenses. b. The Risk Manager will have the authority to provide additional exceptions following review of the "other" medical plan policy. 01-03 PMA MOU -25- 12/1/00 9:17 AM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN Res. No. 2000-116 Exceptions will be made only if the "other' medical plan benefit provisions are comparable to the guidelines under B above. c. Miscellaneous Provisions: 1. Benefits provided under the Retiree Subsidy Medical Plan will be coordinated with the "other' medical plan as the primary carrier. 2. The City shall have the right to require any retiree to provide a copy of the "other" medical plan policy for review by the Risk Manager. 5. When a retiree becomes eligible for the other group coverage and then becomes no longer eligible, he/she may have the subsidy reinstated and regain Retiree Subsidy Medical Plan coverage. 6. Dependents of a retiree may follow him/her into the Retiree Subsidy Medical Plan or they may choose to exercise COBRA rights along with the retiree. 7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to exercise COBRA rights. 8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered. B. Benefits: 1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN), Prescription Card System (PCS), Orange County Preferred Provider Organization (OCPPO) and Medical Stop Loss insurance. 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: 01-03 PMA MOU 26 12/1/00 9:17 AM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN Res. No. 2000-116 a. Retiree Subsidy Medical Plan. b. HealthNet. 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. Regular City Employee Indemnity Plan. c. Any other employee benefit plan. d. Any other commercially available benefit plan. e. Medicare supplements 3. Employees who retire on or after the following dates shall be eligible for the subsidy based on years of completed service with the City. October 1, 1997: MEO, MEA, POA, MSOA, FA and PMA. July 1, 1988: Non -Represented. Retirees who retire prior to the above dates are not eligible for any subsidy benefit. 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. 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. 01-03 PMA MOU 27 12/1/00 9:17 AM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN Res. No. 2000-116 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 Personnel in accordance with provisions of the Memorandums of Understanding. 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. 01-03 PMA MOU 28 12/1/00 9:17 AM Res. No. 2000-116 EXHIBIT C PERSONNEL RULE CHANGES A. Personnel Rules The City and the Association agree to implement the following rules and accordingly revise the Personnel Rules as described herein: 1. Rule 5 — Recruitment and Examination Procedure a) 5-4 — Order of Certification Whenever certification is to be made, the eligibility lists, if active and not exhausted shall be used in the following order" 1) Re-employment list 2) Promotional list 3) Employment List If fewer than five (5) names of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until five (5) names are certified. If there are fewer than five (5) names on such lists, there shall be certified the number thereon. In such case, the appointing authority may demand certification of five (5) names and examinations shall be conducted until five (5) names may be certified. In the event the appointing authority does not choose to appoint from the five (5) names certified, a new examination may be requested. In the event another examination is conducted, those names shall be merged with others already on the list in order of scores. b) 5-14 — Promotional Exams Promotional examinations may be conducted whenever, in the opinion of the Human Resources Officer, after consultation with the department head, the need of the service so requires; provided, however, a promotional examination may not be given unless there are two (2) or more candidates eligible. Only employees who meet the requirements for the vacant position may compete in promotional examinations. Promotional examinations may include any of the selection techniques, or any combination thereof, mentioned in Section 5-13. Additional factors including, but not limited to, performance rating and length of service may be considered. A promotional employment list shall be established after the administration of a promotional examination, and such list shall contain the name(s) of those that passed the examination. c) 5-20 — Duration of Employment Lists Employment lists shall remain in effect for one (1) year from the date of the last examination, unless sooner exhausted. Promotional lists and entry level employment lists may be extended prior to expiration date by the Human 01-03 PMA MOU 29 12/1/00 9:17 AM EXHIBIT C PERSONNEL RULE CHANGES Res. No. 2000-116 Resources Officer when requested by the Department Head, for additional periods but in no event shall an employment list remain in effect for more than two (2) years. Names placed on such lists shall be merged with others already on the list in order of scores. 2. Rule 7 — Discipline a) 7-2 — Causes for Discipline 12) Possession, use or sale of illegal narcotics or habit-forming drugs, while on -duty or on City property. 14) Conviction of any felony or a misdemeanor with a job nexus. A plea or verdict of guilt, or a conviction following a plea of nolo contendere, is deemed to be a conviction within the meaning of this section. 15) Participating in an unlawful strike, work stoppage, slowdown, or using or attempting to use sick leave to accomplish the same purpose as a strike, work stoppage, or slowdown. 3. Rule 8 — Termination a) 8-1 — Medical Examination. Evaluation of Employee's Work Capacity. Demotion, Transfer or Termination of Appointment At any time a department head has reasonable cause to believe that an employee may not be able to perform the duties of his/her position for physical or psychological reasons, such department head shall consult with the Human Resources Officer regarding such belief. If the Human Resources Officer concurs, the department head may order the employee to submit to a medical or psychological examination. The employee shall be offered the opportunity, in writing, to select from a panel of three to five physicians or psychologists to conduct the examination. The cost of such examination shall be paid by the City and, to the extent practicable, shall be scheduled during the work hours with no loss of pay. The examiner and the employee shall be advised of the basis for the Department Head's belief that the employee is unable to perform the duties of his/her job. The examination shall be restricted to the specific issue, which gave rise to the request for an examination. The report of the examiner shall be limited to a conclusion that the employee is either able or unable to perform the duties of his/her job. The department head shall review the medical or psychological report and shall consult with the Human Resources Officer regarding the physician's assessment of the employee's ability to perform the duties of his/her position. 01-03 PMA MOU 30 12/1/00 9:17 AM EXHIBIT C PERSONNEL RULE CHANGES Res. No. z000-11s Any decision regarding such employee shall be made in accordance with the Americans with Disabilities Act. Notwithstanding any other provision of this rule, an employee being evaluated for medical or psychological fitness to perform the duties of his/her position may apply for another position in the competitive service for which he/she has qualified. If such employee is qualified and can perform the duties of a lower paying vacant position for which he/she has applied, he/she will be placed in such position, without competitive examination, subject to the approval of the department head. b) 8-3 — Layoff in Accordance with Length of Service The City and the Association agree that the first sentence in Personnel Rule 8- 3 shall be modified to read as follows: Layoff shall be made in accordance with the relative length of the last period of continuous service of the employees in the class of layoff, provided, however, that no permanent employee shall be laid off until all temporary, acting and probationary employees in the competitive service holding positions in the same class are first laid off. c) 8-11 — Re -Employment With the approval of the Human Resources Officer, an employee who has resigned in good standing from the competitive service may be re-employed to his/her former position, if vacant, or to a vacant position in the same or comparable class within one (1) year from date of resignation in accordance with Rule 5-21. If such re-employment commences within ninety days of the effective date of resignation, the employee shall not be considered a new employee for vacation and seniority purposes. 5. Rule 12 — Classification Plan a) 12-10 — Temporary Employees Employment on a basis other than permanent or probationary to a permanently budgeted position not to exceed 1000 hours in any twelve (12) month period. Employees occupying temporary positions shall not be included in the competitive service and shall not be subject to these rules and regulations. 6. Rule 14 — Additional Pav and Pav Adiustments a) 14-6 — Salary Advancements to Meet Recruiting Problems or to Give Credit for Prior Service. Application for Other Advancements The Department Head, through the Human Resources Officer and with the approval of the City Administrator may make an appointment at any step 01-03 PMA MOU 31 12/1/00 9:17 AM EXHIBIT C Res. No. 2000-116 PERSONNEL RULE CHANGES above the minimum salary rate to classes or positions in order to meet recruiting problems to obtain a person who has extraordinary qualifications, or to give credit for prior city service in connection with appointments, promotions, reinstatements, transfers, reclassifications, or demotions. Salary adjustments within the salary range for the class, other than merit salary adjustments authorized by Section 14-1, may be approved by the City Administrator, upon recommendation of the department head through the Human Resources Officer. Such recommendation shall include the reason(s) for the adjustment, whether the advancement is to be permanent or temporary, and an effective date. b) 18-16 — Industrial Accident Leave In the event a permanent employee, who is a miscellaneous member of the Public Employees' Retirement System (PERS), is temporarily totally disabled as a result of an injury or illness arising out of and in the course of employment and covered by the State of California Workers' Compensation Insurance and Safety Act, resulting light duty assignments due to the injury or illness or absences from work shall be considered Industrial Accident Leave as that term is defined by this rule. A permanent employee eligible for Industrial Accident Leave shall receive compensation from the City in an amount equal to the employee's regular rate of salary during such period of temporary total disability. Benefits received under this rule shall be in lieu of statutory Workers' Compensation benefits. Industrial Accident Leave shall continue during all absences resulting from the injury or illness, including those absences attributable to doctor's appointments, therapy, or other follow-up medical visits, but in no case exceeding one year of accumulated absences attributable to the same injury or illness. In the event an employee is temporarily, totally disabled by coinciding qualifying injuries or illnesses, periods of absences shall be applied concurrently to all qualifying injuries or illnesses. Industrial Accident Leave compensation shall begin on the first day an eligible employee is absent due to a qualifying injury or illness as defined above. Industrial accident Leave compensation will terminate on the earliest of the following: 1) The date upon which the injury or illness giving rise to eligibility for compensation under this rule is declared permanent and stationary by a treating or examining physician; or 2) The date PERS approves an application for disability retirement benefits filed by the employee or by the City; or 01-03 PMA MOU 32 12/1/00 9:17 AM EXHIBIT C Res. No. 2000-116 PERSONNEL RULE CHANGES 3) The employee receives thirty (30) days advance notice and refuses to submit to a medical examination ordered by PERS pursuant to Government Section 21154 or otherwise refuses to cooperate with PERS in determining whether the employee is incapacitated for the performance of duty; or 4) The employee receiving Industrial Accident Leave Compensation applies for service -connected retirement benefits; or 5) The employment of the affected employee is otherwise separated. If an injured worker remains temporarily disabled after receiving one year of Industrial Accident Leave for accumulated absences or light duty work attributable to the same injury or illness, the employee will receive temporary total disability benefits as specified by the State of California Workers' Compensation Insurance and Safety Act. Any period of time during which an employee is absent from work by reason of injury or illness for which he or she is entitled to receive Industrial Accident Leave compensation will not constitute a break in continuous service for the purposes of salary adjustments, sick leave, vacation accruals, and length of service computation. In the event an employee who is receiving or has received Industrial Accident Leave compensation makes a claim or initiates legal action against a third party for allegedly causing or contributing to the injury or illness resulting in the inability to work, the employee is required to notify in writing the City's Risk Management Division of the claim or commencement of such action within ten (10) days of the claim or such commencement. The City retains its rights of subrogation in all such instances. c) 18-19 — Maternity Leave The City and the Association agree to modify the present Personnel Rule 18- 19 Maternity Leave to read as follows: "A permanent employee shall be entitled to a leave of absence without pay due to inability to work due to pregnancy. The employee will be entitled to use available sick leave during this period. Said leave must be requested in writing from the Department Head and must include written notification from the employees physician stating the last day the employee may work and the estimated duration of leave. The employee must obtain written authorization to return to work from the attending physician. Said authorization must be filed with the Department Head and the Human Resources Officer." 01-03 PMA MOU 33 12/1/00 9:17 AM EXHIBIT C Res. No. 2000-116 PERSONNEL RULE CHANGES 8. Rule 19 — Grievance Procedure Non -Disciplinary Matters a) 19-5 Grievance Procedure 1) Step 4 — City Administrator If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Human Resources Officer who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Human Resources Officer, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and .recommendation to the City Administrator within five (5) days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing ; to be served upon all interested parties. Within five (5) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Human Resources Officer. 2) Step 5 — Personnel Board Hearing Hearing. As soon as practicable thereafter, the Human Resources Officer shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or -ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 01-03 PMA MOU 34 12/1/00 9:17 AM EXHIBIT C Res. No.2o0o-71s PERSONNEL RULE CHANGES 9. Rule 20 —Disciplinary Procedure and Appeal a) 20-1 — Purpose The purpose of this rule is to provide a procedure for recommending and imposing discipline against City employees, and a means by which employees may administratively appeal any such disciplinary action. b) 20-2 — Disciplinary Procedures 1) Notice of Proposed Adverse Action For disciplinary demotions, suspensions or dismissals, an employee shall be served a written Notice of Proposed Adverse Action by the employee's department head, or his/her designee, or by certified mail, prior to the proposed disciplinary action taking effect. The notice shall state the reasons for and charges upon which the proposed action is based, and the effective date of the action the right to respond and the employer's right to representation. A copy of all materials upon which the proposed action is based shall be attached to the notice. 2) Employee's Right to Respond The employee shall be given a minimum of ten (10) calendar days to respond orally and/or in writing to the charges upon which the proposed action is based. The employee's response shall be made to: and/or before his/her department head. 3) Time Off The employee shall be given reasonable time off with pay to attend disciplinary meetings. 4) Final Notice of Decision After an employee has responded to or waived his/her right to respond to the proposed adverse action, the employee shall be served with a final Notice of Decision from his/her department head. The final written Notice of Decision shall state whether or not the proposed action shall be taken or modified, and the reasons .therefore and effective date or the action. c) 20-53 —Appeal to Personnel Commission Disciplinary action involving the dismissal, suspension, demotion or other authorized reduction in pay may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: 01-03 PMA MOU 35 12/1/00 9:17 AM EXHIBIT C I Res. No. 2000-116 PERSONNEL RULE CHANGES 1) Request for Appeal Within five (5) days after the employee's receipt of a final Notice of Discipline, a written request for an appeal to the Personnel Commission shall be submitted to the Human Resources Officer. 2) Hearing As soon as practicable thereafter, the Human Resources Officer shall set the matter for hearing before a hearing officer. The hearing officer, selected in accordance with Rule 21-7, shall hear the case without the Board and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the Board. 3) Final Decision The Board shall consider the written report and recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further administrative appeal. d) 20-4 — Supplemental Hearing by Personnel Board 1) The Board may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Board sets a private hearing for such purposes, the Human Resources Officer shall give written notice to all parties concerned in such matter. 2) The Board, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Board, shall make findings, conclusions and decisions which shall be final and binding on all parties and from which there shall be no further administrative appeal. e) 20-5 — Employee Status on Pending Appeal Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay), the disciplinary action shall be effective pending an appeal to the Personnel Commission. 01-03 PMA MOU 36 12/1/00 9:17 AM EXHIBIT C Res. No. 2000-116 PERSONNEL RULE CHANGES 10. Rule 21 —Grievance Procedures -General a) 21-7 Hearing Officers The hearing officer provided for in Rules 19 and 20 shall be from a list provided by the Personnel Commission or one selected by mutual consent of the parties. b) 21-12 Time. Extension of The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. B. Employer -Employee Relations Resolution 1. Modification of Section 7 — Decertification and Modification a) The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month.of August prior to the expiration of this Agreement. .Changes in bargaining unit shall not be effective until expiration of the MOU Except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer - Employee Relations Resolution of the City of Huntington Beach. b) The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Officer, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335) upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed changed to the Employer -Employee Relations Resolution is as follows: 7-3. Human Resources Officer's Motion of Unit Modification — The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: 1). The Human Resources Officer shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may 01-03 PMA MOU 37 12/1/00 9:17 AM EXHIBIT C Res. No. 2000-116 PERSONNEL RULE CHANGES be affected by the proposed change. Said written notification shall contain the Human Resources Officer's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; 2) Following receipt of the Human Resources Officer's Proposal for, Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; 3) The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a -granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; 4) Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. C. Rules Governing Layoff, Reduction in Lieu of Layoff and Re -Employment 1. Part 1 — Layoff Procedure a) General Provisions 1) Whenever it is necessary, because of lack of work or funds to reduce the staff of a City department, employees may be laid off pursuant to these rules. 2) Whenever an employee is to be separated from the competitive service because the tasks assigned are to be eliminated or substantially changed due to management -initiated changes, including but not limited to automation or other technological changes, it is the policy of the City that 01-03 PMA MOU 38 12/1/00 9:17 AM EXHIBIT C Res. No. 2000-116 PERSONNEL RULE CHANGES steps be taken by the Personnel Division on an interdepartmental basis to assist such employee in locating, preparing to qualify for, and being placed in other positions in the competitive service. This shall not be construed as a restriction on the City government in effecting economies or in making organizational or other changes to increase efficiency. 3) A department shall reduce staff by identifying which positions within the department are to be eliminated. 4) The employee who has the least City-wide service credit in the class within the department shall have City-wide transfer rights in the class pursuant to Part 1, Section 3, Transfer or Reduction to Vacancies in Lieu of Layoffs, or within the occupational series pursuant to Part 2, Bumping Rights. 5) If a deadline within this procedure falls on a day that City Hall is closed, the deadline shall be the next day City Hall is open. b. Service Credit 1) Service credit means total time of full-time continuous service within the City at the time the layoff is initiated, including probation, paid leave or military leave. Permanent part-time employees earn service credit on a pro-rata basis. 2) Except as required by law, leaves of absence without pay shall not earn service credit. 3) As between two or more employees who have the same amount of service credit, the employee who has the least amount of service in class shall be deemed to be the least senior employee. c. Transfer or Reduction to Vacancies in Lieu of Layoff 1) In lieu of layoff, a transfer within class shall be offered to an employee(s) with the least amount of service credit in the class designated for staff reduction within a department subject to the following: a) The employee has the necessary qualifications to perform the duties of the position. b) The employee shall be given the opportunity, in order of service credit, to accept a transfer to a vacant position in the same class within the City, provided the employee has the necessary qualifications to perform the duties of the position. 01-03 PMA MOU 39 12/1/00 9:17 AM EXHIBIT C Res. No.2000-11s PERSONNEL RULE CHANGES c) If no position in the same class is vacant, the employee shall be given the opportunity, in order of service credit, to transfer to the position in the same class that is held by an incumbent in another department with the least amount of service credit whose position the employee has the necessary qualifications to perform. 2) If an employee(s) is not eligible for transfer within the employee's class, the employee shall be offered, in order of service credit, a reduction to a vacant position in the next lower class within the City in the occupational series in lieu of layoff provided the employee has the necessary qualifications to perform the duties of the position. 3) If the employee refuses to accept a transfer or reduction pursuant to A. or B., above, the employee shall be laid off. d) If the employee(s) in the class with the least amount of service credit is in the position(s) to be eliminated or displaced by transfer, the employee shall be offered bumping rights, pursuant to Part 2, Service Credit. e) Any employee who takes a reduction to a position in a. lower class within the occupational series in lieu of layoff shall be placed on the reinstatement/reemployment list(s) pursuant to Part 3., Reemployment. 2. Order of Layoff a) Prior to implementing a layoff, vacant positions that are authorized to be filled shall be identified by Citywide occupational series. If the employee refuses to accept a position pursuant to Section 3., above, the employee shall be laid off. b) No promotional probationary employee or permanent employee within a class in the department shall be laid off until all temporary, nonpermanent part-time and non -promotional probationary employees in the class are laid off. Permanent employees whose positions have been eliminated may exercise citywide bumping rights to a lower class in the occupational series pursuant to Part 2. c) Wben a position in a class and/or occupational series is eliminated, any employee in the class who is on authorized leave of absence or is holding a temporary acting position in another class shall be included for determining order of service credit and be subject to these layoff procedures as if the employee was in his or her permanent position. 01-03 PMA MOU 40 12/1/00 9:17 AM EXHIBIT C Res. No. 2000-116 PERSONNEL RULE CHANGES 3. Notification of Employees a) The Personnel Division shall give written notice of layoff to the employee by personal service or by sending it by certified mail to the last known mailing address at least fifteen (15) calendar days prior to the effective date 'of the layoff. Normally notices will be served on employees personally at work. b) Layoff notices may be initially issued to all employees who may be subject to layoff as a result of employees exercising voluntary reduction/bumping rights. c) The notice of layoff shall include the reason for the layoff, the effective date of the layoff, the employee's hire date and the employee's service credit ranking. The notice shall also include the employee's right to bump the person in a lower class with the least service credit within the occupational series provided the employee possesses the necessary qualifications to successfully perform the duties in. the lower class and the employee has more service credit than the incumbent in the lower class. d) The written layoff notice given to an employee shall include notice that he or she has seven (7) calendar days from the date of personal service, or date of delivery of mail if certified, to notify the Human Resources Officer in writing if the employee intends. to exercise the employee's bumping rights, if any, pursuant to Part 2, Bumping Rights. e) Whenever practicable, any employee with the least amount of service credit in a lower class within an occupational series which is identified for work force reduction shall also be given written notice that such employee may be bumped pursuant to Part 2. This notice shall include the items referred to in C., above. f) If an employee disagrees with the City's computation of service credit or listed date of hire, the employee shall notify the Human Resources Officer as soon as possible but in no case later than five (5) calendar days after the personal service or certified mail delivery. Disputes regarding date of hire or service credit shall be jointly reviewed by the Human Resources Officer and the employee and/or the employee's representative as soon as possible, but in no case later than five (5) calendar days from the date the employee notifies the Human Resources Officer of the dispute. Within five (5) calendar days after the dispute is reviewed, the employee shall be notified in writing of the decision. 01-03 PMA MOU 41 12/1/00 9:17 AM EXHIBIT C Res. No. 2000-116 PERSONNEL RULE CHANGES 4. Part 2 — Bumping Rights a) Voluntary Reduction or Bumping in Lieu of Layoff 1) A promotional probationary employee or permanent employee who receives a layoff notice may request a reduction to a position in a .,lower. class within the occupational series provided the employee possesses the necessary qualifications to perform the duties of the position. 2) Employees electing reduction under A above, shall be reduced to a position authorized to be filled in a lower class within the employee's occupational series. The employee may reduce to a lower class in his/her occupational series by: 1) filling a vacancy in that class, or 2) if no vacancy exists, displacing the employee in the class with the least service credit whose position the employee has the necessary qualifications to perform. A displaced employee shall have bumping rights. 3) An employee who receives a layoff notice must exercise bumping rights within seven (7) calendar days of receipt of the notice as specified in Part 1. Failure to respond within the time limit shall result in a reputable presumption that the employee does not intend to exercise any right of reduction or bumping to a lower class. The employee must carry the burden of proof to show that the employee's failure to respond within the time limits was reasonable. If the employee establishes that failure to respond within the time limit was reasonable, to the Human. Resources Officer's satisfaction, the employee shall be permitted to exercise bumping rights but shall not be reinstated to a paid position until the employee to be bumped has vacated the position. If the employee disagrees with the Human Resources Officer's decision, the employee may appeal pursuant to the provisions of Sections 3 and 4 below. b) Reinstatement/Re-employment Lists Any employee who takes a reduction to a position in a .lower class within the occupational series in lieu of layoff shall be placed on the reinstatement/re- employment list pursuant to Part 3, Re-employment. c) Qualifications Appeal Any employee who is denied a reduction to a position in a lower class within the occupational series on the basis that the employee does not possess the necessary qualifications to successfully perform the duties of the lower position may appeal the decision. The appeal shall be filed with the Human Resources Officer within five (5) calendar days of the employee's receipt of written notice of the decision and reason(s) for denial. The employee's appeal shall be in writing and shall include supporting facts or documents supporting the appeal. 01-03 PMA MOU 42 12/1/00 9:17 AM EXHIBIT C Res. No. 2000-116 PERSONNEL RULE CHANGES d) Qualifications Appeal Hearing 1) Upon receipt of an appeal, the Human Resources Officer shall contact a mediator from the California State Mediation and Conciliation Service to schedule a hearing within two (2) weeks after receipt of the appeal. If the California State Mediation and Conciliation Service is not available within that time frame, the parties shall mutually select a person who is available within the time frame. If the California State Mediation and Conciliation Service and the person mutually selected are not available within tile time frame, the parties shall select the earliest date either is available to conduct the hearing. The parties shall split the cost, if any, of the hearing officer. In addition, the parties shall meet within three (3) workdays to attempt to resolve the dispute. If the dispute remains unresolved, the parties shall endeavor in good faith to submit to the hearing officer a statement of all agreed upon facts relevant to the hearing. 2) Appeal hearings shall be limited to two (2) hours, except as otherwise agreed by the parties or directed by the hearing officer. 3) The hearing officer shall attempt to resolve the dispute by mutual agreement if possible. If no agreement is reached, the hearing officer shall render a decision at the conclusion of the hearing, which shall be final and binding 5. Part 3 — Re-employment a) Re-employment 1) Employees who are laid off or reduced to avoid layoff shall have their names placed upon a reemployment list, for each class in the occupational series, in seniority order at or below the level of the class from which laid off or reduced. 2) Names of persons placed on the reemployment lists shall remain on the list for two (2) years from the date of layoff or reduction. 3) Vacancies shall be filled from the reemployment list for a class, starting at tile top of the list, providing that the person meets the necessary qualifications for tile position. 4) Names of persons are to be removed from the reemployment list for a class if on two (2) occasions ,they decline an offer of employment or on two (2) occasions fail to respond to offers of employment in a particular class within five (5) calendar days of receipt of written notice of an offer. Any 01-03 PMA MOU 43 12/1/00 9:17 AM EXHIBIT C Res. No. 2000-116 PERSONNEL RULE CHANGES employee who is dismissed from the City service for cause shall have his or her name removed from all re-employment lists. 5) Re-employment lists shall be available to HBMEA and affected employees upon reasonable request, 6) Qualification appeals involving reemployment rights shall be resolved in the same manner as that identified in Part 2., Section 4. b) Status on Re-employment 1) Persons re-employed from layoff within a two (2) year period from the date of layoff shall receive the following considerations and benefits: a) Service credit held upon layoff shall be restored, but no credit shall be added for the period of layoff. b) Prior service credit shall be counted toward sick leave and vacation accruals. c) Employees may cash in sick leave upon layoff or at any time after layoff in the manner and amount set forth in existing Memoranda of Understanding for that employee's unit. Sick leave shall be paid to an employee when the reemployment list(s) expire(s), if not previously paid. d) Upon reinstatement the employee may have his or her sick leave re - credited by repayment to the City the cashed amount. Sick leave accumulation of less than 480 hours shall be restored upon reemployment. e) The employee shall be returned to the salary step of the classification held at the time of the layoff and credited with the time previously served at that step prior to being laid off. f) The probationary status of the employee shall resume if incomplete. 2) Employees who have been reduced in class to avoid layoff and are returned within two (2) years to their former class shall be placed at the salary step of the class they held at the time of reduction and have their merit increase eligibility date recalculated. 01-03 PMA MOU 44 12/1/00 9:17 AM Res. No. 2000-116 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at a regular meeting thereof held on the 4th day of December 4, 2000 by the following vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT �, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: Clay Martin, Acting Director of Administrative Services Subject: FIS 2001-10 Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Police Management Association Date: November 29, 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for " Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Police Management Association." If the City Council approves this request (total appropriation $60,464 of monies not budgeted for fiscal year 2000-2001), the estimated unappropriated, undesignated General Fund balance at September 30, 2001 will be reduced to $8,494,793. C'�Iq cc=::, — Clay Ma n, Acting irector of Administrative Services Fund Balance - General Fund Adopted Budget Current Estimate Beginning Fund Balance 10/1/2000 (unaudited) $ 9,540,000 $ 9,540,000 Plus: Estimated Revenue 127,313,303 127,313,303 Less: Estimated Expenditures (127,313,303) (127,313,303) Pending/Approved FIS's: (984,743) Less: FIS 2001-10 - (60,464) Estimated 9/30/2001 Balance (with econmic reserve) $ 9,540,000 $ 8,494,793 ATTACHMENT POLICE MANAGEMENT ASSOCIATION 2001-2003 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PAGE PREAMBLE................................................................................................................................................................. 2 ARTICLE I -- REPRESENTATIONAL UNIT......................................................................................................... 2 ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT.........................................................................2 ARTICLE III -- SALARY SCHEDULES AND RETIREMENT............................................................................2 ARTICLE IV --HEALTH AND OTHER INSURANCE BENEFITS.....................................................................3 A. HEALTH: ............................................................................................................................................................... 3 B. INSURANCE: .......................................................................................................................................................... 7 ARTICLE V -- BEREAVEMENT LEAVE...............................................................................................................8 ARTICLE VI -- SPECIAL PAY AND ALLOWANCES.........................................................................................8 A. AUTO ALLOWANCE: .............................................................................................................................................. 8 B. FLIGHT PAY.......................................................................................................................................................... 8 C. MOTOR PAY: ......................................................................................................................................................... 8 D. BILINGUAL PAY....................................................................................................................................................9 E. UNIFORM ALLOWANCE.........................................................................................................................................9 F. COURT STANDBY TIME.......................................................................................................................................10 G. HOLIDAYS WORKED...........................................................................................................................................10 H. COURT APPEARANCE TIME.................................................................................................................................10 I. NON -COURT STANDBY TIME..............................................................................................................................10 J. CALL BACK ...... ................................................................................................................................................... 10 K. PAY IN LIEU OF COMPENSATORY TIME...............................................................................................................10 L. MEAL ALLOWANCE: ......................................................................................................... ................................. 10 M. MILEAGE ALLOWANCE: ...................................................................................................................................... I I N. TELEPHONIC BUSINESS — OFF -DUTY EMPLOYEES SHALL BE COMPENSATED A MINIMUM OF FIFTEEN (15) MINUTES WHEN TELEPHONED AT HOME REGARDING DEPARTMENTAL BUSINESS.......................................................... I I ARTICLE VII -- DRUG TESTING.........................................................................................................................11 ARTICLE VIII — VACATIONS LEAVE BENEFITS ............................ .......................11 ........................................ A. ANNIVERSARY DATE..........................................................................................................................................12 B., Awow TAr VAGATION................................................................................................. 12 C_. V A r e riot A r r nu e ;cF...........................................................12 D-. V.kc,k j w� rT\,i414Ewi TAKEN ................................................... 12 B. GENERAL LEAVE................................................................................................................................................13 C. SICK LEAVE........................................................................................................................................................ 14 D. SICK LEAVE UPON PROMOTION..........................................................................................................................14 01-03 PMA MOU Draft -i- 11/30/00 3:25 PM POLICE MANAGEMENT ASSOCIATION 199$/20AA 2001/2003 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PAGE ARTICLEIX SICK, LEAVE PAY..........................................................................................................................14 ARTICLE X -- MISCELLANEOUS PROVISIONS..............................................................................................15 A. RE-OPENER.......................................................................................:.................................................................15 ' B. FLEET MANAGEMENT PROPOSAL........................................................................................................................15 C. PERSONNEL RULE CHANGES...............................................................................................................................15 D. WEAPONS VESTING.............................................................................................................................................15 E. ASSOCIATION BUSINESS......................................................................................................................................16 F. DEFERRED COMPENSATION LOANS.....................................................................................................................16 G. TEN PLAN — FLEX WORK SCHEDULE..................................................................................................................16' ARTICLEXI -- HOLIDAYS....................................................................................................................................16 A. HOLIDAYS WITH PAY (CAPTAINS AND LIEUTENANTS)........................................................................................16 B. HOLIDAY COMPENSATION..................................................................................................................................17 ARTICLE XII -- OVERTIME/TIME OFF/TEN PLAN........................................................................................17 A. 4-10 PLAN.......:...................................................................................................................................................17 B. EXEMPT EMPLOYEES (CAPTAINS AND LIEUTENANTS)........................................................................................17 C. TIME AND ONE HALF (SERGEANTS)....................................................................................................................18 D. COMPENSATORY TIME IN LIEU OF OVERTIME (SERGEANTS)...............................................................................18 ARTICLE XIII -- EDUCATIONAL PAY...............................................................................................................18 A. PROFESSIONAL ACHIEVEMENT REWARD PROGRAM............................................................................................18 B. EDUCATIONAL INCENTIVE PLAN (SERGEANTS)...................................................................................................18 ARTICLE XIV -- RETIREE MEDICAL PROGRAM..........................................................................................20 ARTICLE XV -- MANAGEMENT RIGHTS.........................................................................................................20 ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING.........................................................20 ARTICLE XVII -- CITY COUNCIL APPROVAL................................................................................................21 EXHIBIT A — SALARY SCHEDULE.....................................................................................................................22 Eccvc.Trnvv Tui v 1 1998 EcccrTrnVcTAAUARYQ 20nn ErCrec-T- VC A nniT 1 2000 EFFECTIVEDECEMBER 23, 2000..................................................................................................................................23 EFFECTIVEDECEMBER 22, 2001..................................................................................................................................23 EFFECTIVE DECEMBER21, 2002..................................................................................................................................23 01-03 PMA MOU Draft -ii- 11/30/00 3:25 PM POLICE MANAGEMENT ASSOCIATION 1990AA 2001/2003 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PAGE EXHIBITA — SALARY SCHEDULE.....................................................................................................................24 EFFECTIVEMAY 24, 2003............................................................................................................................................24 EXHIBITB................................................................................................................................................................25 EXHIBITC................................................................................................................................................................34 01-03 PMA MOU Draft -iii- 11/30/00 3:25 PM MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) PREAMBLE WHEREAS the designated representative 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, 1998 2001 and it is agreed a follows: end on December 31, 2003. 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 of Police Captain, Police Lieutenant, and Police Sergeant 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 RETIREMENT A. Employees shall be compensated at monthly salary rates by classification title and salary ranges 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 Memorandum of Understanding. B. Each employee covered by this Agreement shall be reimbursed once every two weeks in an amount equal to 9% of the employee's base salary and special pay as a pickup of the employee's contribution, or portion of such contribution, to the Public Employees' Retirement System. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. III - - - - - III - - - - - - - C. The City and PMA agree that new employees shall not be.eligible for the "Self - Funded Supplemental Retirement Benefit" (as described in Article XI, Paragraph A.2 of the Police Officers' Association 1997/2000 Memorandum of Understanding). D. Effective on or before June 30, 2001, the City.shall amend its contract with PERS to implement the "3% at age 50" retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. At the present time, based upon actuarial studies conducted by PERS, the City is not required to make any retirement contributions with respect to employees represented by the Association. If, at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article 111.13 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article 111.13 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article 111.13 shall be reduced to 6.75% of the employee's compensation earnable. E. The City agrees to provide PERS Level 111 1959 Survivor's Benefit with PERS approval. ARTICLE IV --HEALTH AND OTHER INSURANCE BENEFITS A. Health: 1. Medical, Dental, Optical: 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. 01-03 PMA MOU Draft -3- 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING b. The City will pay medical claims under the Employee Health Plan within thirty (30) days of the receipt of the claim or provide written notice to the claimant of the reason for delay. 2. Dental -- The City,shall continue .to provide dental plan benefits -equal to those currently being provided by the City. The Indemnity Dental Plan will include a $25 deductible per person per year. 3. Optical -- Optical Plan benefits will provide for one (1) pair, of eyeglasses every twelve (12) months, subject to the terms and conditions of the current policy. 4. Eligibility Criteria and Cost: a. 2001 Premiums-- The City. "caps" its contribution toward employee monthly health insurance premiums by category and plan at the rate in effective January 1, 2000 2001 for the year ending December 31, 2000 2001 as set:forth below: *1998 Rates are listed City "nary" would he G FFeRt 2000 rates Composite rate 01-03 PMA MOU Draft 4 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING 9 .. .. .. .. d. 2002 Premiums — The City "caps its contribution toward employee monthly health insurance premiums by category (employee,. employee + one, family) and plan (medical, dental, vision) at the rate in effect January 1, 2002 for the year ending December 31, 2002. c. 2003 Premiums: 1) Health Insurance Caps — The City "caps" its contribution toward employee monthly health insurance premiums by: category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect December 31, 2002 for the year beginning January 1, 2003. 2) Re -Opener — The City and Association agree to re -open discussions on health cost containment and plan costs on July 1, 2002, for the year 2003. d. Dependent Health Coverage -- The City will assume payment for dependent health insurance, subject to paragraph 4a above, 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. City Medical Plan Changes Effective January 1, 44W 2001: Nam 0161-1� 9W.M.WWWWWWOM"Mr M." rN 01-03 PMA MOU Draft 5 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING 1) One HMO — One HMO (HealthNet) shall be offered. 2) Annual Plan Deductibles — The medical plan deductible shall be. two fifty hundred dollars ($250) per.individual with a maximum of five hundred dollars ($500) per family. .. ■ OWN .. . ■ ■. .. .ie---le 3) Out of Pocket -- Increase the maximum out of pocket from $1,000 to $2,000 per individual, and $2,000 to $4,000 per family. 4) Preventive Medical Care — Part IX of the Employee Health Document shall be revised to read as follows: Benefits will be provided up to $200 per person every year for preventive medical care. Such care shall include such usual preventive medical options as an every year physical exam for adults, yearly PAP tests for females, flu shots, chest x-rays, EKG and other diagnostic lab tests if certified by the physician that such procedures are included under a routine physical examination and is not in connection with the diagnosis or treatment of any illness, disease or accidental bodily injury. All well baby exams for an infant for the first year of life will be allowed and are not subject to the $200 maximum benefit. All immunizations for infants/adults will be provided and coverage is not limited to the $200 maximum benefit. f. Medical Cash Out — Effective January 1, 2001, if an employee is covered by a medical program outside of a city -provided program (evidence of which must be supplied to the Administrative 01-03 PMA MOU Draft 6 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Services Department, Human Resources Division), they may elect to discontinue City medical coverage and receive two hundred dollars ($200) per month to deposit into their Deferred Compensation account or any other pre-tax program offered by the City. g. Section 125 Plan — Effective January 1, 2001, employees may begin utilizing this plan, which allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or' medical expenses. B. Insurance: 1. Life Insurance -- Each employee 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 $25,000, and .accidental death and dismemberment insurance in the amount of $25,000, .$50,000 or $100,000. Evidence of insurability is contingent upon total, participation in additional amounts. 2. 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 nth kW thirty (30) 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 thirty calendar day period, the employee will be covered by an insurance plan paid for by the City which will provide 66 2/3% of the employee's salary rate (excluding overtime and any special pay) in accordance with the following to age 65: 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. 01-03 PMA MOU Draft 7 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING ARTICLE V -- BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed three working days in each instance of death in the immediate family. Immediate family is defined as -father, mother, sister, brother, spouse, children, grandchildren and grandparents of the employee or spouse. ARTICLE VI -- SPECIAL PAY AND ALLOWANCES A. Auto Allowance: I. The provisions of Administrative Regulation 407 -- Auto Allowance, shall apply to employees represented by the Police Management Association. Any modifications to Administrative Regulation 407, either by: the City or through implementation of an MOU with PMA, shall automatically modify the auto allowance benefit provided for employees represented by the Police Management Association. Auto allowance for employees represented by the Police Management Association shall be no less than $350 per month during the term of this Agreement. 2. Employees that are assigned a City vehicle must reside within 25 miles of the City's limits. Such employees .shall be allowed to use the assigned. vehicle for personal use within the City limits and/or within ten (10) miles of the employees residence. B. Flight Pay Employees assigned to duty as helicopter personnel shall receive $37-0 $500 per month and those assigned as Certified Flight Instructors shall receive $450 $800 per month in addition to their applicable salary. C. Motor Pay: 1. Employees assigned to motorcycle duty shall receive a flat rate of $300 per month for hazardous duty pay. 2. Employees may drive their motorcycle to and from their residence to their place of work is such travel does not exceed 200 miles per week excluding overtime. 3. In consideration of the motor officers receiving the foregoing compensatory duty pay, the ASSOCIATION agrees that any time spent on maintenance' and/or cleaning of motorcycles, as described below, while off duty and away from their place of employment is not considered to be time worked 01-03 PMA MOU Draft 8 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING for purpose of salary or overtime calculations. The Department shall supply necessary materials needed to perform the following duties: a. Keeping the assigned motorcycle cleaned and waxed. b. Keeping the drive chain properly lubricated and adjusted. c. Performing a daily check of the motorcycle fluid levels and tire pressure. d. Scheduling required routine services at specified mileage intervals with police motorcycle mechanics. D. Bilingual Pay Qualified employees who meet the criteria will be paid a monthly pay differential: of 5% of their base pay. The Police Chief will have written the oral .tests designed and administered to test for qualifications. The qualifications will cover, the more routine foreign language requirements in filling out crime reports, interviewing suspects and witnesses, and responding to the public on matters. relating to an incident or other police action. 1. The languages included will be; Spanish, Vietnamese and sign language 2. Authorization of qualified employees for bilingual compensation will be, based on the following: a. A need for the employee to use the language in the City to support the implementation of police operations. b. At the discretion of the Police Chief, he may submit the number of employees qualified in each category based on department needs. 3. Successful completion of tests authorized by the Police Chief will be required to qualify for differential pay for any of the languages. Retesting may be done on an annual basis. E. Uniform Allowance The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees represented by the Association. Such allowance shall be $700 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 01-03 PMA MOU Draft 9 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING equipment damaged in the line of duty, including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police. F. Court Standby Time Employees Police Sergeants required to be on standby for a court appearance during other than their, scheduled working hours shall receive a minimum of twe (2-) three (3) hours straight time pay for each morning and afternoon court session. Employees will be paid two (2) hours at straight pay for subpoenas cancelled with less than twenty-four (24) hours notice. G. Holidays Worked Police Sergeants who work on a recognized City holiday shall be compensated at their premium hourly rate (time and one half) for time actually worked from , 12:00 A.M. through 11:59 P.M. H. Court Appearance Time Police Sergeants required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours pay at time andone half; provided, however, that if such time overlaps with the employee's working hours, said premium rate shall be limited to those hours occurring prior to or after . the employee's scheduled work time. I. Non -Court Standby Time A Police Sergeant who is placed on standby status by his supervisor shall receive four (4) hours straight time pay for each 24 hour period of standby status. J. Call Back Police Sergeants who are called back to work will be paid a minimum of two (2) hours pay at the rate of time and one half their regular hourly rate. K. Pay in Lieu of Compensatory Time In the month of December and April of each year, employees may, at their option, be paid for their accrued compensatory time. L. Weal Allowance: 1. Per Diem -- Employees shall be entitled to per diem under the following circumstances: a. Personnel are with prior knowledge and approval of their' supervisor on work assignments, attending seminars, meetings or training FhiGh extend beyond their neFmal work hours 0 require ledging. Meeting whinh innli de a meal may he reirnbursed-at the _aGfi iel n St of the meeting er meal. in excess of a 25-male radius 01-03 PMA MOU Draft 10 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING beyond their normal work station, and which extends more than one (1) hour beyond their normal work hours or require lodging. b. Personnel are unexp8Gtedlcvly delayed n�vsign of a lon-ation away frrrernni the Gity when trhre.,torne extends beyond -the normal meal period € loyees must 6AntaGt the' inoniir,;or by phone to nh�+i autherizato Meeting or training assignments, which include a meal, will be reimbursed at —the actual .cost of the. meeting. or meal, not to exceed the prorated per diem schedule. G. Whnnment in evness of 25 miles radius beyond their nnrrna work stat*on-. d-. c. Meal €expenses other than listed in a or b OF 6 above may be considered for reimbursement (receipts required) at the discretion of the Division Commander. ev d. Receipts are not required, providing that the employee's expenses dG not eXGeed the $45 limit and the expense -,ordanGe Wth the above rules, other than noted above 2. Per Diem Schedule -- $45 per 24 hour period or pro -rated as follows; breakfast - $10, Lunch - $15, Dinner $20. M. Mileage Allowance: The City shall reimburse mileage to employees for the use of personal automobiles at the rate of 26a perms r all mileage reimbursable by POST amount allowed by the most recent Internal Revenue allowance. N. Telephonic Business — Off -duty employees shall be compensated a minimum of fifteen (15) minutes when telephoned at home regarding departmental business. ARTICLE VII -- DRUG TESTING Unit employees shall participate in. a random drug/alcohol testing program as proposed by the Chief of Police. ARTICLE VIII — VAGATIO LEAVE BENEFITS 01-03 PMA MOU Draft 11 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING A. Anniversary Date For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he/she commenced full-time City employment. IN .! - - - ff Pow INI -. .. - - - - .!! _ 01-03 PMA MOU Draft 12 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING B. General Leave 1. Accrual — Effective December 23, 2000, employees will cease to accrue sick leave and vacation leave, and the Long -Term Disability insurance waiting period shall be reduced from 60 to 30 days. Instead, employees will. begin accruing general leave at the accrual rates outlined below. General leave maybe used for any - purpose,. including vacation, sick leave, and personal leave. Vacation time accrued through .December 23, 2000 will be added to the employee's general leave account effective December 24, 2000. General leave shall be accrued as follows: Years of Service General Leave Allowance First through Fourth Year 176 Hours Fifth through Ninth Year 200 Hours Tenth through Fourteenth Year 224 Hours Fifteenth Year and Thereafter 266 Hours 2. Eligibility and Approval — Accrued general leave may be taken after six (6) months' service, when used as vacation; and at anytime for sick leave purposes. General leave accrued time is to. be computed from hiring date anniversary. Members shall not be permitted to take general leave in excess of actual time earned. Effective December 23, 2000, employees shall not accrue general leave in excess of six hundred hours (600). Employees may not use their general leave to advance their separation date on retirement or other separation from employment. General leave must be pre -approved except for illness, injury or family sickness, which may require a physician's statement for approval. 3. Terminal Vacation General Leave Pay An employee shall be paid for unused vacation general leave upon termination of employment at which time such terminating employee shall receive compensation at his/her current salary rate for all unused, earned vasat+on leave to which he/she is entitled up to and including the effective date of his/her termination. l= 4. Receipt of VaGation. Advance General Leave Pay Upon two weeks written notification to the Director of Finance, each employee shall be entitled to receive his/her earned vacation general leave pay, less deductions, in advance, prior to his/her regular scheduled annual 01-03 PMA MOU Draft 13 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING vacation. Such advancements are limited to one during each employee's anniversary year. 5. Conversion to Cash An employee may electto take up to.80 120 hours of pay per calendar year for accrued vasatien general leave in lieu of time off. rSUGh pay may be reported to PERS as salon.. It is the intent of the parties that employees will take vacation during the current year. C. Sick Leave 1. Accrual — No employee shall accrue sick leave after December 22, 2000. 2. Credit — Employees hired prior to Decembver 23, 2000 shall be credited with their sick leave accrued as of December 22, 2000. 3. Usage — Employees may use accrued sick leave for the same purposes for which it was used prior to December 23, 3000. 4. Family Sick 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 absences. shall be limited to five (5) days per calendar year. D. Sick Leave Upon Promotion Employees promoted to Police Sergeant after December 31, 2000, shall receive two hundred forty (240) hours of sick leave. These hours may be used for sick leave purposes during the first twelve (12) months after promotion. Any unused sick leave credited upon promotion shall be eliminated one (1) year from date of promotion to Police Sergeant. ARTICLE IX SICK LEAVE PAY A. Employees covered by this agreement and on the payroll on November 20, 1978 shall be entitled to the following sick leave payoff plan: At termination, employees shall be compensated at their then current rate of pay for fifty percent (50%) of unused sick leave, up to a maximum of 720 hours of unused, accumulated sick leave. B. Employees hired after November 20, 1978 shall be entitled to the following sick leave payoff plan: 01-03 PMA MOU Draft 14 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING 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 (35%) of all unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours. C. No employee shall be paid -at termination for;more #han 720 hours ;of unused, accumulated sick leave. D. Employees electing to participate in the City's group health insurance program, after retirement may cause the premiums to be paid by the City out of any available funds due and owing them under the terms of this agreement for' unused sick leave benefits upon retirement. E. Sick leave shall not be used to extend absences due to work related (industrial) injuries or illnesses. ARTICLE X -- MISCELLANEOUS PROVISIONS A. Re -Opener If there is any change to the benefits provided to POA that differ from those provided to PMA, either the City or Association may request to reopen discussions regarding a change to that specific benefit. B. Fleet Management Proposal The Association agrees to meet and confer on a City Fleet Management Proposal during the term of this agreement. C. Personnel Rule Changes The City and the Association agree to implement the rule changes and accordingly revise the Personnel Rules as described in Exhibit C. The City a AssGGiation- agree to meet during -the —term �of this �Te`rnen} nn nropo .�e revismens to Percrnr nel Rule 8 The parties_• agree that the impasse prGvove�ar� will not apply to }hose discussions-. D. Weapons Vesting 01-03 PMA MOU Draft 15 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING . Employees assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, he/she shall be fully vested with ownership. E. Association Business An allowance of fifty (50) hours per year shall be established � for the purpose of allowing authorized representatives of the Association to represent members in their employment relations. F. Deferred Compensation Loans Unit employees will be able to borrow up to fifty (50) percent of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home, pursuant to program standards and regulations. G. Ten Plan — Flex Work Schedule Employees accepting specialty assignments, that have been posted as such, shall be required to work a flex 40-hour workweek scheduled as directed. ARTICLE XI -- HOLIDAYS A. Holidays with Pay (Captains and Lieutenants) Police Captains and Lieutenants shall have the following legal holidays with pay: 1. New Year's Day (January 1) 2. Martin Luther King Day (third Monday in January) 3. Washington's Birthday (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving Day (forth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Day (December 25) 01-03 PMA MOU Draft 16 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING 11. Any day declared by the President of the United States to be a national holiday, or the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach. B. Holiday Compensation Compensation for legal holidays shall be provided as follows: 1. If a day the City observes as a legal holiday designated above falls on an employee's regular work day, the employee will receive the day off, 2. If a day the City observes as a legal holiday designated above falls on an employee's regular day off, the employee will be compensated with eight (8) hours of compensatory time; 3. Employees who are required to work on a day the City observes as a legal holiday designated above shall be compensated in accordance with Article XI I. 4. Police Sergeants, in addition to regular compensation, shall receive each month 1/26 of the total holiday hours (80) earned for the year. 5. Police Sergeants who work on a recognized City holiday shall be compensated at their premium hourly rate (time and one half) for time actually worked from 12:00 A.M. through 11:59 P.M. 6. All holiday pay shall be reported as base salary to PERS. ARTICLE XII -- OVERTIME/TIME OFF/TEN PLAN A. 4-10 Plan Effective January 1, 1984, all employees are entitled to work four (4) days per week, ten (10) hours each day, meal times to be included during the ten hour shift. B. Exempt Employees (Captains and Lieutenants) Police Captains and Lieutenants represented herein are exempt employees as to the Fair Labor Standards Act (FLSA) and as such shall not be disciplined in the form of suspension of less than a week for non -safety violations and shall not be eligible for overtime compensation except in the following instances: 1. When such employees are required to fill a full, or partial, work shift that is not part of the employee's regular work schedule. Partial shift shall mean 01-03 PMA MOU Draft 17 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING five (5) hours or more of a work shift. In such an instance, the employee may be compensated at the rate of 1 1/2 hours for each hour worked in the form of pay or time off. Such time shall not accrue in excess of 120 (120) hours. '1Time off suGh, employees, tO GOrnpensate,for other overtime, hours woFked, may be.granted by the departmento.ad until December 31, 1999-. It is understood by both parties of this Agreement that police Captains and Lieutenants will be entitled to the City policy of granting five days administrative time off per year to compensate the Captains and Lieutenants for their previous (when authorized) time and one-half overtime benefit. C. Time and One Half (Sergeants) Police Sergeants shall receive time and one half their salary rate for all time worked in excess of 40 hours during any given work week. D. Compensatory Time in lieu of Overtime (Sergeants) Police Sergeants may elect to receive compensatory bank time in lieu of overtime pay to a maximum of 4W 140 hours, subject to advance approval of the department head. ARTICLE XIII -- EDUCATIONAL PAY A. Professional Achievement Reward Program Unit employees who have received certification for completion of the FBI Academy and/or the POST Command College or POST Supervisory Leadership inst+tute shall receive an additional $50 $65 per month for each certificate to a if $100 per , and Police Sergeants that have completed the POST Supervisory Leadership Institute shall receive $80 per month. No employee shall receive more than $145 for professional achievement. B. Educational Incentive Plan (Sergeants) 1. The Educational Incentive Plan shall be continued for Police Sergeants as follows, except that no more than thirty (30) units of approved life -experience credits may be accepted toward educational incentive pay: 01-03 PMA MOU Draft 18 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Education Incentive Level POST Certificate College Units Maximum Training Units Points Years of HBPD Service College Units Required Annually Monthly Amount I Intermediate 30 20+ 10 1 6 $ 116 II Intermediate 60 40+ 20 1 3 $ 170 III Advanced 90 60+ 30 2 3 $ 230 IV Advanced 120 0 3 3 $ 330 V Advanced 150 120+ 30 1 3 1 0 $ 330 2. Stipulations: a. College major shall be Police Science, Criminology, Political Science, Sociology, Law, Business Administration, Public Administration, Psychology or closely similar field as approved by' the Chief of Police and Education Committee. b. Initial eligibility must be approved by the Chief of Police. An acceptable yearly performance evaluation, signed by the Chief of Police is required. No incentive shall be taken away without just cause. c. Training points approved by POST may be substituted for college units, on the following schedule: 10 of 30, 20 of 60, 30 of 90. d. Pay to be effective first month following approval. e. After 120 units of B.A. or POST approved training points may be substituted for college units without limit. f. Repeat college courses credited as determined by the college. g. Repeat POST approved seminars, institutes, etc., credited as dewtermined by the Chief of Police. h. All college units require grade of "C" or better to qualify. i. Obtaining transcripts or other acceptable documentation is employee's responsibility. 01-03 PMA MOU Draft 19 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING j. Employee may choose between POST training points or college units where a choice is available. No change allowed once choice is made. No double credit allowed. ARTICLE XIV -- RETIREE MEDICAL PROGRAM Medical benefits for retired members shall be provided as described in Exhibit B subject to modification pursuant to the process described in Article IV herein. ARTICLE XV -- 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 XVI -- TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on January 1, 1QQ8 2001, and ending at midnight on December 31, :2000 2003. Except 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 unless agreed upon by the City and the Association. It is understood that the parties are continuing to meet and confer regarding non - monetary matters such as Personnel Rules changes. Any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. 01-03 PMA MOU Draft 20 11/30/00 3:25 PM POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING ARTICLE XVII -- CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or affect 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 day of , 1998 2000. CITY OF HUNTINGTON BEACH City Administrator Human Resources Officer Chief of Police APPROVED AS TO FORM: City Attorney HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION HBPMA President 01-03 PMA MOU Draft 21 11/30/00 3:25 PM EXHIBIT A - SALARY SCHEDULE POLICE MANAGEMENT ASSOCIATION 01-03 PMA MOU Draft -22- 11/30/00 3:25 PM EXHIBIT A - SALARY SCHEDULE POLICE MANAGEMENT ASSOCIATION Effective December 23, 2000 Step Job Code Classification Range A B C D E 4701 Police Captain 609 7881 45.47 8314 47.97 8772 50.61 9254 53.39 9763 56.33 4701 Police Lieutenant 580 6822 39.36 7196 41.52 7592 43.80 8009 46.21 8450 48.75 3360 Police Sergeant 532 5368 30.97 5662 32.67 5974 34.47 6304 36.37 6650 38.37 Effective December 22, 2001 Step Job Code Classification Range A B C D E 4701 Police Captain 616 8162 47.09 8611 49.68 9084 52.41 9583 55.29 10110 58.33 4701 Police Lieutenant 586 7028 40.55 7415 42.78 7822 45.13 8252 47.61 8706 50.23 3360 Police Sergeant 538 5531 31.91 5836 33.67 6156 35.52 6494 37.47 6851 39.53 Effective December 21, 2002 Step Job Code Classification Range A B C D E 4701 Police Captain 621 8366 48.27 8827 50.93 9313 53.73 9824 56.68 10365 59.80 4701 Police Lieutenant 590 7169 41.36 7562 43.63 7978 46.03 8417 48.56 8879 51.23 3360 Police Sergeant 542 5643 32.56 5954 34.35 6281 36.24 6626 38.23 6990 40.33 01-03 PMA MOU Draft -23- 11/30/00 3:25 PM EXHIBIT A — SALARY SCHEDULE POLICE MANAGEMENT ASSOCIATION Effective May 24, 2003 Step Job Code Classification Range A B C D E 4701 Police Captain 628 8664 49.99 9141 52.74 9644 55.64 10174 58.70 10734 61.93 4701 Police Lieutenant 596 7387 42.62 7793 44.96 8221 47.43 8673 50.04 9150 52.79 3360 Police Sergeant 548 5813 33.54 6131 35.38 6470 37.33 6825 39.38 7202 41.55 01-03 PMA MOU Draft -24- 11/30/00 3:25 PM EXHIBIT B CITY OF HUNTINGTON BEACH RETIREE SUBSIDY 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 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: 1. During any period the retired employee is eligible to receive or receives health insurance coverage at the expense of another employer, the payment will be suspended. "Another employer" as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the premium contribution as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such health insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive further benefits will cease. 2. 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. 3. In the event the Federal Government or State Government mandates an employer -funded health plan or program for retirees, or mandates that the City make contributions toward a health plan 01-03 PMA MOU Draft -25- 11/30/00 3:25 PM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN (either private or public) for retirees, the City's contribution rate as set forth in this plan shall first be applied to the mandatory plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance necessary for such coverage, if any. 4. 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. SCHEDULE OF BENEFITS A. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement, eligibility for benefits begin after an employee has completed ten (10) years of continuous 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. B. 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 $40 for retirements, after 10/1/87, $80 after 10/1/88, and $121 after 10/1/89. 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. 01-03 PMA MOU Draft 26 11/30/00 3:25 PM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN C. Maximum Monthly Subsidy Payments - All. retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), 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 10/1/92 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 Note: The above 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. 01-03 PMA MOU Draft 27 11/30/00 3:25`PM EXHIBIT B CITY OF HUNTINGTON BEACH INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES' 01-03 PMA MOU Draft -28- 11/30/00 3:25 PM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS 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. Personnel 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. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post -retirement employment of the retiree or spouse of the retiree, the retiree and his/her spouse must take that coverage regardless of benefit level and shall be deleted from any City Plan coverage. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such "other" medical plan coverage if there is significant disparity between the benefits provided by the "other" medical plan and the Retiree Subsidy Medical Plan as defined below. "Significant disparity" means coverage available under the "other' medical plan is restrictive or limited in one or more of the following ways: 1) No in -patient hospitalization coverage. 2) No major medical benefits 3) Annual deductible is $1,000 or greater per person. 4) Major medical benefits are paid at 60% or less of covered expenses. b. The Risk Manager will have the authority to provide additional exceptions following review of the "other" medical plan policy. Exceptions will be made only if the "other" medical plan benefit provisions are comparable to the guidelines under B above. 01-03 PMA MOU Draft 29 11/30/00 3:25 PM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN c. Miscellaneous Provisions: 1. Benefits provided under the Retiree Subsidy Medical Plan will be coordinated with the "other" medical plan as the primary carrier. 2. The City shall have the right to require any retiree to provide a copy of the "other" medical plan policy for review by the Risk Manager. 5. When a retiree becomes eligible for the other -group coverage and then becomes no longer eligible, he/she may have the subsidy reinstated and regain Retiree Subsidy Medical Plan coverage. 6. Dependents of a retiree may follow him/her into the Retiree Subsidy Medical Plan or they may choose to exercise COBRA rights along with the retiree. 7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to exercise COBRA rights. 8. When a retiree is under 65 and his/her .spouse is over 65, the spouse is not covered. B. Benefits: 1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN), Prescription Card System (PCS), Orange County Preferred Provider Organization (OCPPO) and Medical Stop Loss insurance. 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. Retiree Subsidy Medical Plan. 01-03 PMA MOU Draft 30 11/30/00 3:25 PM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN b. HealthNet. 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. Regular City Employee Indemnity Plan. c. Any other employee benefit plan. d. Any other commercially available benefit plan. e. Medicare supplements 3. Employees who retire on or after the following dates shall be eligible for the subsidy based on years of completed service with the City. October 1, 1997: MEO, MEA, POA, MSOA, FA and PMA. July 1, 1988: Non -Represented. Retirees who retire prior to the above dates are not eligible for any subsidy benefit. 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. 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. 01-03 PMA MOU Draft 31 11/30/00 3:25 PM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN 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 Personnel in accordance with provisions of the Memorandums of Understanding. 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. 01-03 PMA MOU Draft 32 11/30/00 3:25 PM EXHIBIT B RETIREE SUBSIDY MEDICAL PLAN 01-03 PMA MOU Draft 33 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES •- - .- - - - reasonable 99�... May ..of grievanGes. 01-03 PMA MOU Draft 36 11/30/00 3:25 PM PERSONNEL RULE CHANGES A. Personnel Rules The City and the Association agree to implement the following rules and accordingly revise the Personnel Rules as described herein: 1. Rule 5 — Recruitment and. Examination Procedure a) 5-4 — Order of Certification Whenever certification is to be made, the eligibility lists, if active and not exhausted shall be used in the following order" 1) Re-employment list 2) Promotional list 3) Employment List If fewer than five (5) names of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until five (5) names are certified. If there are fewer than five (5) names on such lists, there shall be certified the number thereon. In such case, the appointing authority. may demand certification of five (5) names and examinations shall be conducted until five (5) names may be certified. In the event the appointing authority does not choose to appoint from the five (5) names certified, a new examination may be requested. In the event another examination is conducted, those names shall be merged with others already on the list in order of scores. b) 5-14 — Promotional Exams Promotional examinations may be conducted whenever, in the opinion of the Human Resources Officer, after consultation with the department head, the need of the service so requires; provided, however, a promotional examination may not be given unless there are two (2) or more candidates eligible. Only employees who meet the requirements for the vacant position may compete in promotional examinations. Promotional examinations may include any of the selection techniques, or any combination thereof, mentioned in Section 5-13. Additional factors including, but not limited to, performance rating and length of service may be considered. A promotional employment list shall be established after the administration of a promotional examination, and such list shall contain the name(s) of those that passed the examination. c) 5-20 — Duration of Employment Lists Employment lists shall remain in effect for one (1) year from the date of the last examination, unless sooner exhausted. Promotional lists and entry level employment lists may be extended prior to expiration date by the Human 01-03 PMA MOU Draft 37 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES Resources Officer when requested by the Department Head, for additional periods but in no event shall an employment list remain in effect for more than two (2) years. Names placed on such lists shall be merged with others already on the list in order of scores. 2. Rule 7 — Discipline a) 7-2 — Causes for Discipline 12) , or illegal use o drugs.dangerous Possession, use or sale of illegal .narcotics or habit-forming drugs, while on -duty or on City property. sest+en- Conviction of any felony or a misdemeanor with a job nexus. A plea or verdict of guilt, or a conviction following a plea of nolo contendere, is deemed to be a conviction within the meaning of this section. 15) Participating in an unlawful strike, work stoppage, slowdown, or using or attempting to use sick leave to accomplish the same purpose as a strike, work stoppage, or slowdown. 3. Rule 8 — Termination La - MI.. • - Loa • . • _ . 1 .• �� �. 01-03 PMA MOU Draft 38 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES 10711. MTERnmr. •• _ • M ON ON _ • mri'V9als a) 8-1 — Medical Examination. Evaluation of Employee's Work Capacity. Demotion, Transfer or Termination of Appointment At any time a department head has reasonable cause to believe that an employee may not be able to perform the duties of his/her position for physical or psychological reasons, such department head shall consult with the Human Resources Officer regarding such belief. If the Human Resources Officer concurs, the department head may order the employee to submit to a medical or psychological examination. The employee shall be offered the opportunity, in writing, to select from a panel of three to five physicians or psychologists to conduct the examination. The cost of such examination shall be paid by the City and, to the extent practicable, shall be scheduled during the work hours with no loss of pay. The examiner and the employee shall be advised of the basis. for the Department Head's be that the employee is unable to perform the duties of his/her job. The examination shall be restricted to the specific issue, which gave rise to the request for an examination. The report of the examiner shall be limited to a conclusion that the employee is either able or unable to perform the duties of his/her job. The department head shall review the medical or psychological report and shall consult with the Human Resources Officer regarding the physician's assessment of the employee's ability to perform the duties of 01-03 PMA MOU Draft 39 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES his/her position. Any decision regarding such employee shall be made in accordance with the Americans with Disabilities Act. Notwithstanding any other provision of this rule, an employee being evaluated for medical or psychological fitness to perform the duties of his/her position may apply for another position in the competitive service for which he/she has qualified. If such employee is qualified and can perform the duties of a lower paying vacant position for which he/she has applied, he/she will be placed in such position, without competitive examination, subject to the approval of the department head.' b) 8-3 — Layoff in Accordance with Length of Service The City and the Association agree that the first sentence in Personnel Rule 8- 3 shall be modified to read as follows: Layoff shall be made in accordance with the relative length of the last period of continuous service of the employees in the class of layoff, provided, however, that no permanent employee shall be laid off until all temporary, acting and probationary employees in the competitive service holding positions in the same class are first laid off. c) 8-11 — Re -Employment With the approval of the Human Resources Officer, an employee who has resigned in good standing from the competitive service may be re-employed to his/her former position, if vacant, or to a vacant position in the same or comparable class within one (1) year from date of resignation in accordance with Rule 5-21. If such re-employment commences within ninety days of the effective date of resignation, the employee shall not be considered a new employee for vacation and seniority purposes. 5. Rule 12 — Classification Plan a) 12-10 — Temporary Employees temporary. Employment on a basis other than permanent or probationary to a permanently budgeted position not to exceed 1000 hours in any twelve (12) month period. Employees occupying temporary positions shall not be included in the competitive service and shall not be subject to these rules and regulations. 01-03 PMA MOU Draft 40 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES 6. Rule 14 — Additional Pay and Pay Adjustments a) 14-6 — Salary Advancements to Meet Recruiting Problems or to Give Credit for Prior Service. Application for Other Advancements The Human ResouFGes Offine Department Head, through .the Human Resources Officer and with the approval of the City Administrator may authorize neii make an appointment at any step above the minimum salary rate to classes or positions in order -to meet recruiting problems to obtain a person who has extraordinary qualifications, resulting from options by department hearts or to give credit for prior city service in connection with appointments, promotions, reinstatements, transfers, reclassifications, or demotions. Other Salary adjustments within the salary range for the class, other than merit salary adjustments authorized by Section 14-1, may be approved made by the Personnel Board City Administrator, upon recommendation of the department head through the Human Resources Officer. Such recommendation shall include the reason(s) for the adjustment, whether the advancement is to be permanent or temporary, and an effective date. transmitted to the Board by H urnan Reso ernes �ner, tether with his reGnrmmendetinn �varvc.� , a.—7virrrrrr�r �vrrmT�rraucvrr GUGh Shang-. .. ■. ■ T. _. ■ .. • • •r2IMMUTI.M.. • - r b) 18-16 — Industrial Accident Leave 01-03 PMA MOU Draft 41 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES In the event a permanent employee, who is a miscellaneous member of the Public Employees' Retirement System (PERS), is temporarily totally disabled as a result of an injury or illness arising out of and in the course of employment and covered by the State of California Workers' Compensation Insurance and Safety Act, resulting light duty assignments due to the injury or illness or absences from work shall be considered Industrial Accident Leave as that term is defined by this rule. A permanent employee eligible for Industrial Accident Leave shall receive compensation from the City in an amount equal to the employee's regular rate of salary during such period of temporary total disability. Benefits received under this rule shall be in lieu of statutory Workers' Compensation benefits. Industrial Accident Leave shall continue during all absences resulting from the injury or illness, including those absences attributable to doctor's appointments, therapy, or other follow-up medical visits, but in no case exceeding one year of accumulated absences attributable to the same injury or illness. In the event an employee is temporarily, totally disabled by coinciding qualifying injuries or illnesses, periods of absences shall be applied concurrently to all qualifying injuries or illnesses. Industrial Accident Leave compensation shall begin on the first day an eligible employee is absent due to a qualifying injury or illness as defined above. Industrial accident Leave compensation will terminate on the earliest of the following: 1) The date upon which the injury or illness giving rise to eligibility for compensation under this rule is declared permanent and stationary by a treating or examining physician; or 2) The date PERS approves an application for disability retirement benefits filed by the employee or by the City; or 3) The employee receives thirty (30) days advance notice and refuses to submit to a medical examination ordered by PERS pursuant to Government Section 21154 or otherwise refuses to cooperate with PERS in determining whether the employee is incapacitated for the performance of duty; or 4) The employee receiving Industrial Accident Leave Compensation applies for service -connected retirement benefits; or 5) The employment of the affected employee is otherwise separated. 01-03 PMA MOU Draft 42 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES If an injured worker remains temporarily disabled after receiving one year of Industrial Accident Leave for accumulated absences or light duty work attributable to the same injury or illness, the employee will receive temporary, total disability benefits as specified by the State -,of :California Workers' Compensation Insurance and Safety Act. Any period of time during which an employee is absent from work by reason of injury or illness for which he or she is entitled to receive Industrial Accident Leave compensation will not constitute a break in continuous service for the purposes of salary adjustments, sick leave, vacation accruals, and length of service computation. In the event an employee who is receiving or has received Industrial Accident Leave compensation makes a claim or initiates legal action against a third party for allegedly causing or contributing to the injury or illness resulting in the inability to work, the employee is required to notify in writing the City's . Risk Management Division of the claim or commencement of such action within ten (10) days of the claim or such commencement. The City retains its rights of subrogation in all such instances. c) 18-19 — Maternity Leave The City and the Association agree to modify the present Personnel Rule 18- 19 Maternity Leave to read as follows: "A permanent employee shall be entitled to a leave of absence without pay due to inability to work due to pregnancy. The employee will be entitled to use available sick leave during this period. Said leave must be requested in writing from the Department Head and must include written notification from..the employees physician stating the last .day the employee may work and the estimated duration of leave. The employee must obtain written authorization to return to work from the attending physician. Said authorization must be filed with the Department Head and the Human Resources Officer." 8. Rule 19 — Grievance Procedure Non -Disciplinary Matters a) 19-5 Grievance Procedure 1) Step 4 — City Administrator 01-03 PMA MOU Draft 43 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANCES If the grievance is. not settled under .Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Human Resources Officer who shall, act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Human Resources Officer, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Administrator within five (5) .days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing', to be served upon all interested parties. Within five (5) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and ` the Human Resources Officer. 2) Step 5 - Personnel Board Hearing Hearing. As soon as practicable thereafter, the Human Resources Officer shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel -Commission, shall, not require separate approval or -ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 01-03 PMA MOU Draft 44 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES 9. Rule 20 — Review PmGedures in Disciplinary Matters Procedure and Appeal a) 20-1 — Purpose The purpose of this rule is to provide a .procedure for recommending and imposing discipline .against City employees, and a. means by which nrieyanGe employees:arising out of diSGiplinary matters may be Gonsidered, matters Govered by Rule 19 of this reselu may administratively appeal any such disciplinary action. Me- t 1.21 el _. .. .. ,_ ._ _. . _- 01-03 PMA MOU Draft 45 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES _. ­01-11111.. -low" m.; .. .. .. .. . _ .. ._ ...._ -. .... .- ._ -. lykM ._ .. ._ NO ON zi ._.. .._. -. ._ b) 20-2 — Disciplinary Procedures 1) Notice of Proposed Adverse Action For disciplinary demotions, suspensions or dismissals, an employee shall be given served a written Notice of Proposed Adverse Action by the employee's department head, or his/her designee, or by certified mail, prior to the proposed disciplinary action taking effect. The notice shall state the reasons for and charges upon which the proposed action is based, and the effective date of the action the right to respond and the employer's right to representation. A copy of all materials upon which the proposed action is based shall be attached to the notice. 2) Employee's Right to Respond The employee shall be given a minimum of ten (10) calendar days to respond orally and/or in writing to the charges upon which the proposed action is based. The employee's response shall be made to and/or before his/her department head. 3) Time Off 01-03 PMA MOU Draft 46 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANCES 4) The employee shall be given reasonable time off with pay to attend disciplinary meetings. Final Notice of Decision After an employee has responded ,to or waived; his/her right. to respond to the proposed adverse action, the employee shall be served with a final Notice of Decision from his/her department head. The final written Notice of Decision shall state whether or not the proposed action shall be taken or modified, and the reasons therefore and effective date or the action. c) 20-53 - Appeal to Personnel Eeard Commission If the-gf+e ^tee— is -net settled URder Step 3—,A Disciplinary action involving .the dismissal, suspension, demotion or other authorized reduction in pay may be appealed to the Personnel Beard Commission for de novo hearing and final determination in accordance with the following procedure: 1) Request for Appeal Within five (5) days after the time esision ds- rend-ered under Stereo above employee's receipt of a final Notice of Discipline, a written statement of gFieyanGe request for an.:appeal to the Personnel Commission shall be filed with submitted to the Human Resources Officer. .SUnh statement o�eyanne shall set forth in detail the nat, ire of the grie�..�anre—the GententieFis of the employee and the proposed - 2) Hearing As soon as practicable thereafter; .the Human .Resources Officer shall set the matter for hearing before a hearing officer. The hearing officer, selected in accordance with Rule 21-7, shall hear the case without the Board and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the Board. 3) Final Decision The Board shall consider the written report and recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further administrative appeal. d) 20-64 — Supplemental Hearing by Personnel Board 01-03 PMA MOU Draft 47 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES 1) The Board may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Board sets a private hearing for such purposes, the Human Resources Officer shall .give written ...notice to all parties concerned in such matter. 2) The Board, .following a consideration of the hearing officer'swritten report and recommendation and deliberation thereon and any supplemental hearing before the Board, shall make findings, conclusions and decisions which shall be final and binding on all parties and from which there shall be no further administrative appeal. St •- .. Administrator:nay resent to the Gity .. .- five (9) -days aker such submission, whoGh deGmsion may be appealed by the - . . • e) 20-95 — Employee Status on Pending Final Determinatk)�n Appeal Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay), the disciplinary action departrneRt head is involved, shall be effective pending review by.the appellate during unlessAdministrateF is by GUGh appellate authority to provide f0F GOMpensation, or revoked. The appellate autherity may order reinstatement of the ... demetwon or dismissal an appeal • the PersonnelCommission. 10. Rule 21 —Grievance Procedures- General a) 21-7 Hearing Officers The hearing officer provided for in Rules 19 and 20 shall be from a list provided by the Personnel Commission or one selected by mutual consent of the parties. 01-03 PMA MOU Draft 48 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANCES s b) 21-12 Time. Extension of The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. B. Employer -Employee Relations Resolution 1. Modification of Section 7 _ Decertification and Modification a) The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own.choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU Except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time .limits, where inconsistent, contained in Section 7 of the current Employer - Employee Relations Resolution of the City of Huntington Beach. b) The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Officer, would be entitled to propose:a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335) upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed changed to the Employer -Employee Relations Resolution is as follows: 7-3. Human Resources Officer's Motion of Unit Modification — The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: 1) The Human Resources Officer shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer's rationale for the proposed change including all information which justifies the change pursuant to the criteria 01-03 PMA MOU Draft 49 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and .other documents which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees. and/or sent ;by the City to affected employees; 2) Following receipt of the Human Resources Officer's Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; 3) The Personnel Commission shall conduct a..noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a -granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; 4) Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. C. Rules Governing Layoff, Reduction in Lieu of Layoff and Re -Employment 1. Part 1 — Layoff Procedure a) General Provisions 1) Whenever it is necessary, because of lack of work or funds to reduce the staff of a City department, employees may be laid off pursuant to these rules. 2) Whenever an employee is to be separated from the competitive service because the tasks assigned are to be eliminated or substantially changed due to management -initiated changes, including but not limited to automation or other technological changes, it is the policy of the City that steps be taken by the Personnel Division on an interdepartmental basis to assist such employee in locating, preparing to qualify for, and being placed in other positions in the competitive service. This shall not be construed 01-03 PMA MOU Draft 50 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES as a restriction on the City government in effecting economies or in making organizational or other changes to increase efficiency. 3) A department shall reduce staff by identifying which positions within the department are to be eliminated. 4) The employee who has the least City-wide service credit in the class within the department shall have City-wide transfer rights in the class pursuant to Part 1, Section 3, Transfer or Reduction to Vacancies. in Lieu of Layoffs, or within.the occupational series pursuant to Part 2, Bumping Rights. 5) If a deadline within this procedure falls on a day that City Hall is closed, the deadline shall be the next day City Hall is open. b. Service Credit 1) Service credit means total time of full-time continuous service within the City at the time the layoff is initiated, including probation, paid leave or military leave. Permanent part-time employees earn service credit on a pro-rata basis. 2) Except as required by law, leaves of absence without pay shall not earn service credit. 3) As between two or more employees who have the same amount of service credit, the employee who has the least amount of service in class shall be deemed to be the least senior employee. C. Transfer or Reduction to Vacancies in Lieu of 1) In lieu of layoff, a transfer within class shall be offered to an employee(s) with the least amount of service credit in the class designated for staff reduction within a department subject to the following: a) The employee has the necessary qualifications to perform the duties of the position. b) The employee shall be given the opportunity, in order of service credit, to accept a transfer to a vacant position in the same class within the City, provided the employee has the necessary qualifications to perform the duties of the position. c) If no position in the same class is vacant, the employee shall be given the opportunity, in order of service. credit, to transfer to the position in the same class that is held by an .incumbent in another department 01-03 PMA MOU Draft 51 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES with the least amount of service credit whose position the employee has the necessary qualifications to perform. 2) If an employee(s) is not eligible for transfer within the employee's class, the employee shall be offered, in order of service credit, -a reduction to a vacant position in the next lower class within the .City -in the occupational series in lieu of layoff provided the employee has the necessary qualifications to perform the duties of the position. 3) If the employee refuses to accept a transfer or reduction pursuant to A. or B., above, the employee shall be laid off. d) If the employee(s) in the class with the least amount of service credit is in the position(s) to be eliminated or displaced by transfer, the employee shall be offered bumping rights, pursuant to Part 2, Service Credit. e) Any employee who takes a reduction to a position in a. lower class within the occupational series in lieu of layoff shall be placed on the reinstatement/reemployment list(s) pursuant to Part 3., Reemployment. 2. Order of Layoff a) Prior.to implementing a layoff, vacant positions that are authorized to be filled shall be identified by Citywide occupational series. If the employee refuses to accept a position pursuant to Section 3., above, the employee shall be laid off. b) No promotional probationary employee or permanent employee within a class in the department shall be laid off until all temporary, nonpermanent part-time and non -promotional probationary . employees in the class are laid off. Permanent employees whose positions have been eliminated may exercise citywide bumping rights to a lower class in the occupational series pursuant to Part 2. c) When a position in a class and/or occupational series is eliminated, any employee in the class who is on authorized leave of absence or is holding a temporary acting position in another class shall be included for determining order of service credit and be subject to these layoff procedures as if the employee was in his or her permanent position. 3. Notification of Employees a) The Personnel Division shall give written notice of layoff to the employee by personal service or by sending it by certified mail to the last known mailing address at least fifteen (15) calendar days prior to the effective date of the layoff. Normally notices will be served on employees personally at work. 01-03 PMA MOU Draft 52 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES b) Layoff notices may be initially issued to all employees who may be subject to layoff as a result of employees exercising voluntary reduction/bumping rights. c) The notice of.layoff ,._shall<include.the, -reason for.#he layoff the effective date -of the.layoff, the;employee's hire date;and the employee's service: credit �-ran king. The notice .shall also include the -employee's right to bump -the -person in a lower class with the least service credit within the occupational series provided the employee possesses the necessary qualifications to successfully perform the duties in. the lower class and the employee has more service credit than the incumbent in the lower class. d) The written layoff notice given to an employee shall include notice that he or she has seven (7) calendar days from the date of personal service, or date of delivery of mail if certified, to notify the Human Resources Officer in writing if the employee intends to exercise the employee's bumping rights, if any, pursuant to Part.2, Bumping Rights. e) Whenever.. practicable, any employee with the least amount of service credit in a lower class within an occupational series which is identified for work force reduction shall also be given written notice that such employee may be bumped pursuant to Part 2. This notice shall include the items referred to in C., above. f) If an employee disagrees with the City's computation of service credit or listed date of hire, the employee shall notify the Human Resources Officer as soon as possible but in no case later than five (5) calendar days after the personal service or certified mail delivery. Disputes regarding date of hire or service credit shall be jointly reviewed by the Human Resources Officer and the employee and/or the employee's representative as soon as possible, but in no case later than five (5) calendar days from the date the employee notifies the Human Resources Officer of the dispute. Within five (5) calendar days after the dispute is reviewed, the employee shall be notified in writing of the decision. 4. Part 2 — Bumping Rights a) Voluntary Reduction or Bumping in Lieu of Layoff 1) A promotional probationary employee or permanent employee who receives a layoff notice may request a reduction to a position in a lower class within the occupational series provided the employee possesses the necessary qualifications to perform the duties of the position. 2) Employees electing reduction under A above, shall be reduced to a position authorized to be filled in a lower class within the employee's 01-03 PMA MOU Draft 53 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES occupational series. The employee may reduce to a lower class in his/her occupational series by: 1) filling a vacancy in that class, or 2) if no vacancy exists, displacing the employee in the class.with the least service credit whose position the employee has the necessary qualifications to perform. A displaced employee shall have,bumping rights. 3) An employee who receives a layoff notice must exercise bumping rights within seven (7) calendar days of receipt of the notice as specified .in Part 1. Failure to respond within the time limit shall result in a reputable presumption that the employee does not intend to exercise any right of reduction or bumping to a lower class. The employee must carry the burden of proof to show that the employee's failure to respond within the time limits was reasonable. If the employee establishes that failure to respond within the time limit was reasonable, to the Human Resources Officer's satisfaction, the employee shall be permitted to exercise bumping rights but shall not be reinstated to a paid position until the employee to be bumped has vacated the position. If the employee disagrees with the Human Resources Officer's decision, the employee may appeal pursuant to the provisions of Sections 3 and 4 below. b) Reinstatement/Re-employment Lists Any employee who takes a reduction to a position in .a lower class within the occupational series in lieu of layoff shall be placed on tile reinstatement/re- employment list pursuant to Part 3, Re-employment. c) Qualifications Appeal Any employee who is denied a reduction to a position in a lower class within the occupational series on the basis that the employee does not possess the necessary qualifications to successfully perform the duties of the lower position may appeal the decision. The appeal shall be filed with the Human Resources Officer within five (5) calendar days of the employee's receipt of written notice of the decision and reason(s) for denial. The employee's appeal shall be in writing and shall include supporting facts or documents supporting the appeal. d) Qualifications Appeal Hearing 1) Upon receipt of an appeal, the Human Resources Officer shall contact a mediator from the California State Mediation and Conciliation Service to schedule a hearing within two (2) weeks after receipt of the appeal'. If the California State Mediation and Conciliation Service is not available within that time frame, the parties shall mutually select a person who is available within the time frame. If the California State Mediation and Conciliation Service and the person mutually selected are not available within the time frame, the parties shall select the earliest date either is available to conduct the hearing. The parties shall split the cost, if any, of the hearing 01-03 PMA MOU Draft 54 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES officer. In addition, the parties shall meet within three (3) workdays to attempt to resolve the dispute. If the dispute remains unresolved, the parties shall endeavor in good faith to submit to the hearing officer a statement of all agreed upon facts relevant to the hearing. 2) Appeal hearings shall be limited to two (2) hours, except as otherwise agreed by the parties or directed by the hearing officer. 3) The hearing officer shall attempt to resolve the dispute by mutual agreement if possible. If no agreement is reached, the hearing officer shall render a decision at the conclusion of the hearing which shall be final and binding 5. Part 3 — Re-employment a) Re-employment 1) Employees who are laid off or reduced to avoid layoff shall have their names placed upon a reemployment list, for each class in the occupational series, in seniority order at or below the level of the class from which laid off or reduced. 2) Names of persons placed on the reemployment lists shall remain on the list for two (2) years from the date of layoff or reduction. 3) Vacancies shall be filled from the reemployment list for a class, starting at tile top of the list, providing that the person meets the necessary qualifications for tile position. 4) Names of persons are to be removed from the reemployment list for a class if on two (2) occasions they decline an offer of employment or on two (2) occasions fail to respond to offers of employment in a particular. class within five (5) calendar days of receipt of written notice of an offer. Any employee who is dismissed from the City service for cause shall have his or her name removed from all re-employment lists. 5) Re-employment lists shall be available to HBMEA and affected employees upon reasonable request, 6) Qualification appeals involving reemployment rights shall be resolved in the same manner as that identified in Part 2., Section 4. b) Status on Re-employment 01-03 PMA MOU Draft 55 11/30/00 3:25 PM EXHIBIT C PERSONNEL RULE CHANGES 1) Persons re-employed from layoff within a two (2) year period from the date of layoff shall receive the following considerations and benefits: a) Service credit held upon layoff shall be restored, but no credit shall be added for the period of layoff. b) Prior service credit shall be counted toward sick, leave and vacation accruals. c) Employees may cash in sick leave upon layoff or at any time after layoff in the manner and amount set forth in existing Memoranda of Understanding for that employee's unit. Sick leave shall be paid to an employee when the reemployment list(s) expire(s), if not previously paid. d) Upon reinstatement the employee may have his or her sick leave re - credited by repayment to the City the cashed amount. Sick leave accumulation of less than 480 hours shall be restored upon reemployment. e) The employee shall be returned to the salary step of the classification held at the time of the layoff and credited with the time previously served at that step prior to being laid off. f) The probationary status of the employee shall resume if incomplete. 2) Employees who have been reduced in class to avoid layoff and are returned within two (2) years to their former class shall be placed at the salary step of the class they held at the time of reduction and have their merit increase eligibility date recalculated. 01-03 PMA MOU Draft 56 11/30/00 3:25 PM RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services SUBJECT: Memorandum of Understanding Between the City and the Huntington Beach Police Management Association COUNCIL MEETING DATE: December 4, 2000 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS EXPLANATION FOR RETURN OFITEM RCA Author: William H. Osness