Loading...
HomeMy WebLinkAboutHBPMA - Police Management Association - 2006-07-17vAP. (3_X__A-,/ Qx Council/Agency Meeting Held: Deferred/Continued to: *Appr ed ❑ Conditionally Approved ❑ Denied C Jerk' Signat , e Council Meeting Date: September 6, 2011 Department ID Number: HR 11-012 0 • M941WIA191111110141 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Authorize the City Manager to sign the Side Letter Agreement and adopt Resolution No. 2011-63 extending and modifying the current Police Management Association (PMA) Memorandum of Understanding (MOU) by adopting a Side Letter Agreement Statement of Issue: City and PMA representatives have met and conferred regarding extension of the current Memorandum of Understanding. Financial Impact: Finance has estimated the annualized savings to the City of the additional CalPERS pick-up to be approximately $37,000. Finance has estimated the annualized value of the PT program suspension to be $45,500. The savings over the two- year term of the side -letter extension is approximately $165,000. Recommended Action: Motion to: A) Authorize the City Manager to sign the Side Letter Agreement; and, B) Adopt Resolution No. 2011-63, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association (PMA), By Adopting the Side Letter Agreement (MOU Extension)." Alternative Action(s): Do not Adopt Resolution No. 2011-63, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association (PMA), By Adopting the Side Letter Agreement (MOU Extension)." HB -3I9- Item 8. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 9/6/2011 DEPARTMENT ID NUMBER: HR 11-012 Analysis: Staff met with representatives of the Police Management Association to discuss terms and conditions for an additional extension of the present Memorandum of Understanding (MOU) which is presently in effect until September 30, 2011, (unless PMA extends to 3/31/12). The parties have agreed to the following: ® MOU extension until September 30, 2013 ® Continuation of CalPERS pickup (4.25% employee -paid share) — provision will not sunset at the expiration of the extension ® Continued suspension of the Physical Fitness program ® Agreement to implement a two -tiered retirement system (subject to POA implementation) Labor representatives and City Administration have met and conferred regarding the proposal; and PMA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): 1 1. Resolution 2011-63, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association (PMA), By Adopting the Side Letter Agreement (MOU Extension)" including Exhibit A: The Side Letter Agreement Item 8. - 2 HIS -320- ATTACHMENT #1 RESOLUTION NO. 2011-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE MANAGEMENT ASSOCIATION (PMA), BY ADOPTING THE SIDE LETTER OF AGREEMENT (MOU EXTENSION) WHEREAS, on July 17, 2006, the City Council of Huntington Beach adopted Resolution No. 2006-43 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Police Management Association (PMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and PMA 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 PMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side. Letter of Agreement pertains to MOU Extension. 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 PMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of September , 2011. A r REVIE D APPROVED: APPROVED AS TO FORM: City er c� 'I'L`. l �C�ty Attorny 2 �. AND APPROVED: Resources Reso. 2011-63 - Ex. "A" City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Police Management Association ("PMA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the PMA MOU with respect to the following: TERM OF MOU EXTENSION This Memorandum of Understanding (MOU) shall be extended for the period October 1, 2011, and ending at midnight September 30, 2013. CONCESSION ITEMS PMA AGREES TO THE FOLLOWING ITEMS THAT WILL SUNSET AT THE EXPIRATION OF THE MOU EXTENSION. ARTICLE XIV — MISCELLANEOUS PROVISIONS A. Re -Opener If there is any change to the benefits provided to HBPOA that differ from those provided to PMA, either the City or Association may request to reopen discussions regarding a change to that specific benefit. i. In the event the City considers a two -tiered retirement system program the parties agree to reopen discussions on this item. PMA will agree to the implementation of a second -tier CalPERS retirement formula for newly hired police safety employees, if HBPOA implements a second tier retirement formula. iii. Any CalPERS second -tier safety benefit formula would be consistent among all new hires across all public safety groups. L. The Physical Fitness program compensation of earning paid time off as outlined in Section 208.8 - 208.8.8 of the Huntington Beach Police Department Policy Manual is hereby suspended until the expiration of any MOU extension. It is the intent to incorporate the PT program with the ability to earn paid time off into the subsequent MOU. PMA AGREES TO THE FOLLOWING CONCESSION ITEMS THAT WILL NOT SUNSET AT THE EXPIRATION OF THE MOU EXTENSION. - ARTICLE III - SALARY SCHEDULES AND RETIREMENT D. Continue amended PERS Retirement contributions at the level established via side letter executed February 16, 2010 (Resolution No. 2010-14) until the end of the term of any MOU extension. The amended PERS Retirement contributions established via side - letter executed May 17, 2010 (Resolution No. 2010-29) shall continue. [PMA employees will contribute 4.25% of the 9% employee share.] Reso. 2011-63 - Ex. "A" Side -Letter Implementation The modified provisions contained in this side letter are effective October 1, 2011 and will remain in full force and effect unless otherwise specifically modified, either by extension of this side -letter, a subsequent side -letter or a successor memorandum of understanding. The parties agree that this side -letter agreement and the implementation thereof will not be subject to Personnel Rule 19 — Grievance Procedure/Non-Disciplinary Matters, or otherwise appealed either administratively or in a court of competent jurisdiction. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on Huntington Beach Police Management Association Tom Donnell President Dated: /-Z_ 3 r r i Mitch O'Brien Vice -President Dated: C,� I A y 0 it City of Huntington Beach Dated: 7-i - -az� Michele Carr — Director of Human Resources Dated: ELZ31 APPROVED AS TO FORM: Jennifer M. McGrath City Attorney Dated: e/ 30 / -zof Res. No. 2011-63 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 September 6, 2011 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: None ABSTAIN: None Ci Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California ate, TO: FROM: DATE: SUBJECT: ° F a t BEACH �p E:�.a Y. Ij a 6 •, ➢ • d Interdepartmental Memo Joan Flynn, City Michele Ca May 13, 2010 Late Cori riunication: Correction Management Association (PNIA) to RCA for the Police The Human Resources Department submitted RCA HR 10-012 for Council Action. After the documents were submitted, corrections were made to dates in the Financial Impact statement. Financial Impact: The cost savings to the City for the continuation of the increased employee paid portion of PERS from 2.25% to 4.25% during the MOU extension period July 1, 2010 through September 2-00, 2011 is $53,125. The additional cost savings to the City for the option to extend period October 1, 2011 through March 31, 204-012 is $21,250. Thank you in advance for your assistance. Late Comm Memo - PMA RCA 5-17-10 -1- 5/13/2010 4:22:00 PM q� e % '' � V / Council/Agency Meeting Held: � 0/0 Deferred/Continued to: `,Appr ve ❑Conditionally Approved ❑ Denied a6 - 044� S2Cit erk's igna u e (7 Council Meeting Date: May 17, 2010 Department ID Number: 10-012 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Adopt Resolution No. 2010-39 amending and extending the Memorandum of Understanding between the City and the Police Management Association (PMA), by adopting a Side Letter Agreement Statement of Issue: City and PMA representatives have met and conferred regarding extension of the current Memorandum of Understanding. Financial Impact: The cost savings to the City for the continuation of the increased employee paid portion of PERS from 2.25%-to 4.25% during the MOU extension period July 1, 2010 through September 20, 2011 is $53,125. The additional cost savings to the City for the option to extend period October 1, 2011 through March 31, 2010 is $21,250. Recommended Action: Motion to: Adopt Resolution No. 2010-39, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association (PMA), By Adopting the Side Letter Agreement." Alternative Action(s): Do not Adopt Resolution No. 2010-39, a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association (PMA). -145- Item 8. - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/17/2010 DEPARTMENT ID NUMBER: 10-012 Analysis: Staff met with representatives of the Police Management Association to discuss terms and conditions for an extension of the present Memorandum of Understanding (MOU) which is scheduled to expire as of June 30, 2010. The parties have agreed to the following: ■ MOU extension for 15 months until September 30, 2011 with the option to extend until March 31, 2012. ■ Continuation of CalPERS pickup through the term of any extension ■ No wage increases ■ PD Physical Fitness program incorporated into MOU ■ General Leave conversion to cash immediately prior to retirement ■ Reporting of Holiday Pay if working ■ Miscellaneous/Personnel Rule Changes ■ Reopener language re: o City consideration of a two -tiered retirement system Labor representatives and City Administration have met and conferred regarding the proposal; and PMA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). Environmental Status: Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): 1. Resolution 2010- 39 Amending the Memorandum of Understanding between the City of Huntington Beach and the Police Management Association (PMA) by adopting the side letter of agreement, including Exhibit A: The Side Letter Agreement. Item 8. - Page 2 -146- ATTACHMENT ry RESOLUTION NO. 2010-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE MANAGEMENT ASSOCIATION (PMA), BY ADOPTING THE SIDE LETTER OF AGREEMENT (MOU EXTENSION) WHEREAS, on July 17, 2006, the City Council adopted Resolution No. 2006-43 which approved the Memorandum of Understanding (MOU) between the City of Huntington Beach (City) and the Police Management Association (PMA); and Subsequent to approval of the MOU, the City and PMA agreed to changes, correction, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City and PMA attached hereto as Exhibit A and incorporated by this reference. The Side Letter of Agreement pertains to extension of the MOU. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the PMA. 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 , 2010 Ma 06-346.001/46976 Exhibit "A" - Resolution No. 2010-39 City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Police Management Association ("PMA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the PMA MOU with respect to the following: TERM OF MOU EXTENSION This Memorandum of Understanding (MOU) shall be extended for the period July 1, 2010 and ending at midnight September 30, 2011. HBPMA exclusively reserves the right to extend this extended MOU for up to an additional six (6) months through and including March 31, 2012. THE HBPMA AGREES TO THE FOLLOWING ITEMS THAT WILL SUNSET AT THE EXPIRATION OF THE MOU EXTENSION ARTICLE III - SALARY SCHEDULES AND RETIREMENT D. Continue amended PERS Retirement contributions at the level established via side letter executed February 16, 2010 (Resolution No. 2010-14) until the end of the term of any MOU extension. ARTICLE XIV — MISCELLANEOUS PROVISIONS A. Re -Opener If there is any change to the benefits provided to HBPOA that differ from those provided to PMA, either the City or Association may request to reopen discussions regarding a change to that specific benefit. In the event the City considers a two -tiered retirement system program the parties agree to reopen discussions on this item. L. The Physical Fitness program compensation of earning paid time off as outlined in Section 208.8 - 208.8.8 of the Huntington Beach Police Department Policy Manual is hereby suspended until the expiration of any MOU extension. It is the intent to incorporate the PT program with the ability to earn paid time off into the subsequent MOU. CHANGES TO EXISTING MOU NOT SUBJECT TO SUNSET CLAUSE ARTICLE VIII- LEAVE BENEFITS B_ General Leave 4. Conversion to Cash An employee may elect to take up to one hundred and twenty (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. An employee, who has submitted an irrevocable notice of intent to retire, may, at least one (1) pay period prior to separation, but no greater than three (3) pay periods prior to separation, elect to take a one time option of up to three hundred and twenty (320) hours of pay for accrued General leave in lieu of time off prior to the established date of retirement. ARTICLE X- HOLIDAYS C. All holiday pay shall be reported as Shift Differential Pay when required in accordance with CALPERS law. Holiday Shift Differential Pay is available to all members of the HBPMA that are required to work a recognized holiday. Exhibit "A" - Resolution No. 2010-39 ARTICLE XIV - MISCELLANEOUS PROVISIONS B. Personnel Rule Changes All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated into the City's Personnel Rules as applicable. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel Rules; the Personnel Rules as modified will apply to Association members. PERSONNEL RULE 5-21. REEMPLOYMENT LISTS - MODIFIED Personnel Rule 5-21 shalt be modified during the term of this contract extension to provide that in the event any employee represented by HBPMA is demoted in lieu of layoff, that individual shall be placed at the top of a re-employment list for the classification from which the individual was demoted and shall be given the first opportunity to fill any vacancy in that classification irrespective of how much time transpires between the demotion and the existence of the vacancy. THE LISTED SIDE LETTERS ARE HEREBY INCORPORATED INTO THE HBPMA MOU 1. Health and Insurance Benefits- Article IV (E) and (F) (Retiree Medical Trust) 2. Use of unmarked law enforcement vehicles- Article VI (A)(1) 3. Any other side letters agreed upon during this agreement period. Side -Letter Implementation The modified provisions contained in this side letter are effective July 1, 2010 and will remain in full force and effect unless otherwise specifically modified, either by extension of this side -letter, a subsequent side -letter or a successor memorandum of understanding. The parties agree that this side -letter agreement and the implementation thereof will not be subject to Personnel Rule 19 - Grievance Procedure/Non-Disciplinary Matters, or otherwise appealed either administratively or in a court of competent jurisdiction. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on Exhibit "A" - Resolution No. 2010-39 Huntington Beach Police Mafm emgnt Association Tom Donnelly President Dated: S - 10 . J O Mitch O'Brien Vice -President Dated: S ` i v City of Huntington Beach APPROVED AS TO FORM: ienni rMclGrt*h City Attorney Dated: -S' 5 - /6 Res. No. 2010-39 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN 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 May 17, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None City lerk and ex-officio rk of the City Council of the City of Huntington Beach, California Council/Agency Meeting Held: b (� Deferred/Continued to: 0,App ved ❑ Conditionally Approved ❑ Denied it le ignatu Council Meeting Date: 02-16-10 Department ID Number: HR 10-01 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Q��ba qjJ. tubers SUBMITTED BY: Fred A. Wilson, PREPARED BY: Michele SUBJECT: PMA Side- tter Authorizing Increased Employee -Paid Portion of Cal PERS ontribution Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: City and PMA representatives have met and conferred regarding increasing the employee -paid portion of CalPERS from 2.25% to 4.25%. Funding Source: N/A Recommended Action: Motion to: Adopting Resolution No. 2010- 14 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association (PMA), By Adopting the Side Letter Agreement Alternative Action(s): Do not Adopt Resolution No. 2010- 14 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association (PMA). REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 02-16-10 DEPARTMENT I® NUMBER: HR 10-01 Analysis: Staff met with representatives of the Police Management Association to discuss alternatives to assisting the City of Huntington Beach in meeting its future projected economic shortfalls based upon information contained in the City of Huntington Beach Long Term Financial Plan. PMA was provided with a variety of labor cost and expense data related to its membership. Based upon the data, effective the pay period beginning April 3, 2010, PMA has elected to increase its share of the employee -paid contribution to CalPERS from 2.25% to 4.25% (an additional 2%). Finance has estimated the annualized savings for this unit of approximately $42,500. Labor representatives and City Administration have met and conferred regarding the proposal; and PMA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). Strategic Plan Goal: Maintain our financial reserves. Environmental Status: N/A Attachment(s): 1 -2- 2/8/2010 5:49 PM RESOLUTION NO. 2010-14 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 A SIDE LETTER OF AGREEMENT WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2006-43 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Management Association (HBPMA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPMA agreed to changes 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: The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington. Beach and the HBPMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of February , �66 2010. APPROVED: City City Att me 15:3: , Io 26359 Exhibit "A" Resolution No. 2010-14 City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Police Management Association (""PMA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the PMA MOU with respect to the following: ARTICLE III -- SALARY SCHEDULES AND RETIREMENT B. Each employee covered by this Agreement shall be reimbursed an amount equal to nine percent (9%) of the employee's part of his/her California Public Employees' Retirement System (CaIPERS) contribution unless otherwise modified in this MOU. The above CaIPERS pickup is not salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. The City and the Association agree that employees hired after July 6, 1998 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, attached hereto and incorporated herein as Exhibit Q. D. When the City adopted the 2000-2003 Huntington Beach Police Management Association Memorandum of Understanding, the City amended its contract with CaIPERS and implemented the "3% at age 50" retirement formula set forth in the California Government Code for all safety employees represented by the Association. Article III.B. is hereby modified such that the combined City -paid and employee -paid contribution equals 9%. Effective the pay period beginning April 3, 2010, the City shall pay 4.75% of each employee's "compensation earnable" of the employer -paid contribution of 91%. All employees covered by this agreement shall pay 4.25% of "compensation earnable" towards the employer -paid contribution of 9%. Side -Letter Implementation The modified provisions contained in this side letter are effective April 3, 2010 following approval by the City of Huntington Beach City Council and will remain in full force and effect unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. The parties agree that this side -letter agreement and the implementation thereof will not be subject to Personnel Rule 19 - Grievance Procedure/Non-Disciplinary Matters, or otherwise appealed either administratively or in a court of competent jurisdiction. Exhibit "A" Resolution No. 2010-14 IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on /=r—_,c3 6 c 49yeV Z6 d /D Huntington Beach Police Management Association 1 t Tom Donnelly , Pre ide Dated: �`� 0 City of Huntington Beach Dated: Mitch O'Brien Vice -President e Carr Di ctor of Human Resources Dated:- 2 — _ 10 , Dated: I nnifer . McGrath City Attorney Dated: Res. No. 2010-14 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 February 16, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None Cit Jerk and ex-officio 6eWof the City Council of the City of Huntington Beach, California INITIATING DEPARTMENT: Human Resources SUBJECT: PMA CaIPERS Pick -Up COUNCIL MEETING DATE: February 16, 2010 KPH A, in wo r- 14 a 'j, Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable Resolution (w/exhibits & legislative draft if applicable) Attached Not Ap licable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable H Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable E Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable 2 Bonds (If applicable) Attached ❑ Not Ap licable E Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (if applicable) Attached ❑ Not Applicable Find ings/Conditions for Approval and/or Denial Attached ❑ Not Applicable E I RCA Author: MSC Council/Agency Meeting Held: Deferred/Continued to: Appr ved ❑ Conditionally Approved ❑ Denied y lerk s ignatu e Council Meeting Date: 12/21/2009 Department ID Number: FN 10-004 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO IL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST �R PREPARED BY: BOB WINGENROTH, DIRECTOR O FINANCE SUBJECT: SIDE LETTERS FOR THE POLICE MANAGEMENT AND FIRE MANAGEMENT ASSOCIATIONS REGARDING USE OF CITY VEHICLES Fstatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Align Memorandum of Understanding for the Police Management and Huntington Beach Fire Management Associations with City Administrative Regulations. Funding Source: None Recommended Action: Motion to: Adopt Resolution No. 2009- 83 "A Resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the City and the Police Management Association, by Adopting the Side Letter of Agreement (Regarding Use of City Vehicles)" and Resolution No. 2009- 84 "A Resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the City and the Huntington Beach Fire Management Association, by Adopting the Side Letter of Agreement (Regarding Use of City Vehicles)." Alternative Action(s): Do not approve the two separate Resolutions and direct staff accordingly. Analysis: City Administrative Regulations and policy restrict the personal use of City -owned vehicles. Side letters have been modified to align Memorandum of Understanding with Administrative Regulations. Employees assigned a vehicle will be required to be able to report directly to work or any emergency at anytime as needed. Use of the assigned vehicle for more than minimal personal use will not be authorized. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/21/2009 DEPARTMENT OD NUMBER: FN 10-004 Strategic Plano Goal: Improve Internal and External Communication. Environmental Status: Not applicable. Attachment(s): 1. Resolution No. 2009- 83 "A Resolution of the City Council of the City of Huntington Beach amending the Memorandum of', Understanding between the City and the Police Management Association, by Adopting the Side Letter of Agreement (Regarding use of City Vehicles)." 2. Resolution No. 2009- 84 "A Resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the City and the Huntington Beach Fire Management Association, by Adopting the Side Letter of Agreement (Regarding use of City Vehicles)." -2- 12/7/2009 11:31 AM ATTAC _ _ N_T # 1 RESOLUTION NO. 2009-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT (REGARDING USE OF CITY VEHICLES) WHEREAS, on July 17, 2006, the City Council of Huntington Beach adopted Resolution No. 2006-43 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Police Management Association (PMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and PMA 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 PMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to use of City vehicles. 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 PMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of December 200 9 . City City AttAney t -�,1 v1Z 08-1783.004/41536 Exhibit "A" - Resolution No. 2009-83 SIDE LETTER AGREEMENT--HBPMA Representatives of the Huntington Beach Police Management Association ("HBPMA") and the City of Huntington Beach ("City") have met and conferred and hereby agree to the following terms related to Take Home Vehicle Use pursuant to Article VI of the MOU between the HBPMA and City. Effective V.C=.0 I6&7i d. Aco2 , Article VI.A.1. of the MOU between the HBPMA and the City is hereby deleted and replaced as follows: ARTICLE VI -- ADDITIONAL MANAGEMENT BENEFITS A. Take Home Vehicle Use Employees must reside within thirty-five (35) miles of the City limits to be assigned an unmarked vehicle. An employee assigned an unmarked vehicle is required to be able to report directly to work or any emergency situation, at any time, at the direction of the Chief of Police or his delegate. Use of an unmarked vehicle for more than minimal personal use is not authorized. For HBPMA President Dated: ��y9 For thti ff Huntington Beach Administrator Dated: Appreved as to form: nnifer McGrath, City A orney Dated: 1 -:2-1216'9 08-1783.003/41530 Res. No. 2009-83 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 December 21, 2009 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None CClerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California s Council/Agency Meeting Held: b Deferred/Continued to: ,AAppr ed ❑ Conditionally Approved ❑ Denied City s Sig ature Council Meeting Date: 3/16/2009 Department ID Number: HR CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City ncil Members SUBMITTED BY: Fred A. Wilson, ity Adm' a PREPARED BY: Michele Carr, Di r Dan Villella, Fina e irector SUBJECT: Adopt Resolutions adopting Side Letter Agreements on the MOUs and Resolution with City's Bargaining Units Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City of Huntington Beach and all employee bargaining units have met and conferred and agreed to modification of their respective MOUs and Resolution regarding supplemental retirement benefit options. Funding Source: There is no funding required for the recommended action. Recommended Action: Motion to: Adopt the following Resolutions: Resolution No.2009-12 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 (HBPOA), By Adopting The Side Letter Of Agreement. Resolution No.2009-13 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 A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 200n-14 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Marine Safety Officers Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2ong-1 � A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Firefighters' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-16A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Fire Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-17A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Management Employees Organization, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-18A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach. Municipal Employees' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-19 A Resolution of the City Council of the City of Huntington Beach Amending the Resolution Between the City and the Non -Associated Employees Regarding Supplemental Retirement Benefit Options. Alternative Action(s): Do not adopt the Resolutions. Analysis: CalPERS permits a retired annuitant to select either an unmodified pension benefit or to select a modified pension benefit option. CalPERS provides a total of five modified pension benefit options (2, 2W, 3, 3W & 4). Presently, the City's existing MOU and resolution language does not reflect all available options as part of the negotiated Supplemental Retirement benefit. Pursuant to the benefits provided by CalPERS, at retirement an employee may choose to receive the highest allowance (the Unmodified Allowance) provided by CalPERS while the employee is alive or the employee may choose to leave a portion of their pension benefit to a beneficiary upon their death (Attachment 1). If the employee chooses to leave a portion of their pension to a beneficiary, they are required to choose one of four survivor benefit options (ostensibly the option that provides the maximum pension benefit to the beneficiary). Selecting an option, other than the Unmodified Allowance, reduces the employees monthly retirement allowance. The amount of this reduction depends on which option is selected. The City agreed to pay retirees hired before 1997 or 1998, depending on bargaining unit, a Supplemental Retirement benefit which is the difference between the retiree's unmodified CalPERS allowance and the option that is chosen by the employee. Depending on the bargaining unit, the City agreed to pay the difference only if the employee chose Options 2 or 3 (or in some cases only Option 2) as defined in each MOU or resolution. In most cases, if an employee chooses Option 2 (or 3) the City is required to pay more in Supplemental Benefits than if the employee would have selected any other option. To provide a uniform method of applying the MOU or resolution provision, and to provide City retirees a benefit that will save the City money, City management met with all affected bargaining units and agreed that the City should provide the Supplemental Benefit for optional retirement settlements 2, 2W, 3, 3W & 4. Currently there are 540 retirees receiving this benefit. In addition, there are approximately 450 employees eligible for the benefit that were employed by the City prior to the elimination of the benefit.. This benefit is no longer available to new hires or employees hired after December 27, 1997. Annually the City retains a professional consulting firm to perform an actuarial valuation of the Retirement Supplement Plan. As of September 30, 2008 the Actuarial Accrued Liability of the Plan totaled just over $51 million. City assets assigned to the plan as of September 30, 2008 totaled just over $20 million, leaving an unfunded liability of approximately $30 million. As part of the actuarial analysis the consultant identifies an annual required contribution to the plan for purposes of amortizing the payment of the unfunded liability at a level amount over a 30 year period. The annual required contribution for fiscal year 2008/09 is anticipated to be $3.07 million The action recommended does not increase the unfunded liability of the Retirement Supplement Plan as the actuarial analysis assumes that future participants in the plan will enroll in the most expensive option available. This is done to insure that adequate resources are dedicated to the plan on an annual basis. A separate action item on the March 16, 2009 City Council agenda recommends the establishment of a Supplemental Retirement Trust and the selection of a professional investment firm to provide investment and trust related services under the oversight of a Retirement Board. Strategic Plan Goal: Fully understand the financial implications of financial decisions before they are made, and recognize and disclose fiscal impacts of the pension crisis. Environmental Status: Not Applicable Attachment(s): 1. LIST OF RETIREMENT BENEFIT OPTIONS 2. 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 (HBPOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT 3. 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 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MARINE SAFETY OFFICERS ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 6. 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 7. 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE RESOLUTION BETWEEN THE CITY AND THE NOW ASSOCIATED EMPLOYEES REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS. NO. DECISIONS TO MAKE BEFORE YOU RETIRE Your Options at Retirement At retirement, you can choose to receive the highest benefit payable, which is referred to as the "Unmodified Allowance." The Unmodified Allowance provides a monthly benefit to you that ends upon your death. You also have the choice of requesting a reduction in the Unmodified Allowance to provide a lump -sum or monthly benefit for a beneficiary upon your death. This section gives you an overview of various options available to you at retirement. Option 1 This retirement option provides a lump -sum payment of your remaining member contributions to your beneficiary after your death. The reduction to your monthly benefit to provide this payment is based on your life expectancy at retirement and the amount of your contributions. You may name one or more beneficiary(ies), and can name a new beneficiary at any time. If you name someone other than your spouse or registered domestic partner as your Option 1 beneficiary(ies), upon your death your spouse or domestic partner may still be entitled to a community property share of any remaining contributions. The following options 2, 2W, 3, 3W, and 4 provide lifetime monthly benefits to your designated beneficiary. The reduction to your monthly benefit to provide a monthly allowance to your beneficiary is based on both your life expectancy at retirement and your beneficiary's — the younger your beneficiary; the greater the reduction. Ifyou have someone eligible for Survivor Continuance, the reduction is applied only to the option portion ofyour allowance. (Seepage 9 for more about Survivor Continuance.) In most cases, you may name only one beneficiary, and your designation may not be changed after retirement except under limited circumstances. You may name someone other than your spouse or registered domestic partner for a lifetime death benefit allowance under options 2, 2W, 3, 3W or 4. However, your spouse or registered domestic partner may be entitled to a community property share of the beneficiary's monthly death benefit. Option 2 The same retirement allowance you receive will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion. Your retirement allowance will increase to the Unmodified Allowance if Your beneficiary dies; or Your non -spouse or non -domestic partner beneficiary waives entitlement to the Option 2 benefit. 888 CaIPERS (or 888-225-7377) 1 www.calpers.ca.gov Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CalPERS with a judgment that awards you the entire interest in your CalPERS benefits; and You notify CalPERS of the change. Option 2W As an alternative to the Option 2, you may elect the slightly higher allowance under Option 2W. However, your allowance will not increase to/the Unmodified Allowance under the situations described in Option 2. Option 3 In this option, one-half of your monthly retirement allowance will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion. Your retirement allowance will increase to the Unmodified Allowance if. • Your beneficiary dies; or • Your non -spouse or non -domestic partner beneficiary waives entitlement to the Option 3 benefit; • Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CalPERS with a judgment that awards you the entire interest in your CAPERS benefits; and • You notify CAPERS of the change. Option 3W As an alternative to the Option 3, you may elect the slightly higher allowance under Option 3W. However, your allowance will not increase to the Unmodified Allowance under the situations described in Option 3. Option 4 Option 4 is a somewhat flexible option. There are several unique variations of Option 4, each specifically designed to mesh with various situations that might apply to you. If you are interested in choosing a lifetime option, you should familiarize yourself with these options by obtaining the CalPERS publication A Guide to CaIPERS Retirement Option 4. The amount payable to your beneficiary under Option 4 cannot exceed the amount payable under Option 2W. In addition, with any variation of Option 4, your allowance will not increase to the Unmodified Allowance under the situations described in Option. 2 or 3. CalPERS Member Publication I Local Miscellaneous Survivor Continuance In making a decision about whether to reduce your Unmodified Allowance to provide for a beneficiary, you will want to consider if your employer offers Survivor Continuance. This is a contracted employer -paid benefit that public agency employers can offer you. This benefit consists of a monthly allowance that automatically continues to an eligible survivor following your death after retirement regardless of the retirement option you select. Who is Eligible? • Your spouse, if you were married for at least one year before your retirement and remained married until the date of your death, will receive the Survivor Continuance benefit for life. (For disability retirement, you need only to have been married at retirement and remained married until the date of your death.) Your domestic partner, if you were legally registered at least one year prior to your retirement and continuously until your death, will receive the Survivor Continuance benefit for life. (For disability retirement, you need only to have -been registered as domestic partners at retirement and remained registered until the date of your death.) If you do not have an eligible spouse or registered domestic partner, your natural or adopted children under age 18, who have never been married, will receive this monthly benefit until marriage or age 18. A child who was disabled prior to age 18, never married, and whose disability has continued without interruption will receive this benefit until the disability ends or until marriage. Qualifying financially -dependent parents; if none of the above. 888 CaIPERS (or 888-225-7377) 1 www.calpers.ca.gov I A RESOLUTION NO. 2009-13 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 A SIDE LETTER OF AGREEMENT REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2006-43 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Management Association (HBPMA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPMA agreed to changes 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 pertains to supplemental retirement benefit options, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March , 200c. Mayor _:,Pr REVIEVyWAND APPROVED: I INWAYLKAND City )(HM/nistrator �y6ctor of Boman Resources AP ROVED AS TO FORM: Vvy ity Attorne pf 2 26359 Exhibit "A", Resolution No. 2009--13 SIDE LETTER AGREEMENT--HBPMA Representatives of the Huntington Beach Police Management Association ("HBPMA') and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article III C. and Exhibit E of the MOU between the HBPMA and City effective July 1, 2006. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective June 16, 2008 , Article III C. of the MOU between the HBPMA and the City is hereby deleted and replaced as follows: The City and the Association agree that employees hired after July 6, 1998 shall not be eligible for the "Self -Funded Supplemental Retirement Benefit" (as described in Article XI, Paragraph A.2 of the 2008 amendment to the Police Officers' Association 1997/2000 Memorandum of Understanding, attached hereto and incorporated herein as Exhibit E). Exhibit E, Paragraph A.2 of the MOU between the HBPMA and City effective July 1, 2006, is amended as follows: 2. Self -Funded Supplemental Retirement Benefit - In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employee's Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548, as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the City's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the CITY. For HBPMA--., For the, y,4Huntington Beach "reside'nt— // `Cify Administrator Dated: ��/i�a 6 Dated: March 4, 2009 Approved as to foam:: Ten�if, McGrath, City A orney AV 140 oq Dated: /" 6- 6 1 08-1783/25943 Res. No. 2009-13 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None Cit Jerk and ex -of icio erk of the City Council of the City of Huntington Beach, California Council/Agency Meeting Held: �Dor Deferred/Continued to: Appr ved ❑ Conditionally Approved ❑ Denied lerk' Sign e Council Meeting Date: August 4, 2008 Department ID Number: PD-08-007 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: KENNETH W. SMALL, CHIEF OF POLICE SUBJECT: Adopt Resolution 2008-45 of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Police Management Association Changing the Date Requiring a Bachelor's Degree to be Eligible to Test for, and Promote to, the Position of Police Lieutenant From July 1, 2007 to July 1, 2010. Statement of Issue„Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Beginning July 1, 2007, a bachelor's degree was required for candidates to be eligible test for, and promote to, the position of Police Lieutenant. This date did not provide candidates a sufficient amount of time to prepare for, and meet, this new requirement. Funding Source: Not Applicable. Recommended Action: Motion to: Adopt Resolution 2008-45 of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Management Association changing the date requiring a bachelor's degree to be eligible to test for, and promote to, the position of Police Lieutenant from July 1, 2007 to July 1, 2010. Alternative Action(s): Do not adopt Resolution and direct staff on how to proceed. Analysis: The Memorandum of Understanding that became effective July 1, 2006, between the City of Huntington Beach and the Huntington Beach Police Management Association required a bachelor's degree to be eligible to test for, and promote to, the position of Police Lieutenant. This was a new requirement that became effective on July 1, 2007. A review of the requirement determined that the effective date did not allow a sufficient amount of time for candidates to meet the new eligibility requirement. REQUEST FOR ACTION MEETING DATE: August 4, 2008 DEPARTMENT ID NUMBER: PD-08-007 The first promotional examination conducted after the effective date resulted in only two applicants. The police department does not support recruitment of candidates for Police Lieutenant from outside the department and wants to increase the internal candidate pool until a sufficient number of candidates can meet the bachelor's degree requirement. Extending the bachelor's degree requirement date to July 1, 2010, will accomplish these goals. It is anticipated that a sufficient number of internal candidates will be able to meet the eligibility requirement at that time. The department does not support eliminating the requirement entirely. Environmental Status: Not Applicable Strategic Plan Goal: This change in eligibility requirements supports the city's strategic plan goal to provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Attachment(s): 1. Resolution Number 2008-45 of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Management Association changing the date requiring a bachelor's degree to be eligible to test for, and promote to, the position of Police Lieutenant from July 1, 2007 to July 1, 2010. AM P%T RESOLUTION NO. 2008-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT (REGARDING EDUCATIONAL REQUIREMENT FOR ELIGIBILITY TO TEST FOR POLICE LIEUTENANT) WHEREAS, on Jul y 17 , 2006 , the City Council of Huntington Beach adopted Resolution No. 2006-43 for the purpose of adopting the2006/10 Memorandum of Understanding (MOU) between the City and the Police Management Association (PMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and PMA 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 PMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to the educational requirement for eligibility to test for the position of Police Lieutenant. 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 PMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of August 200 8 . REVIEW, ND PPROVED: �l City Administrat gJMcGrath/HBPMA Side Letter re Lieutenant APPROVED AS TO FORM: Attome INITIAT D ND APPROVED: Deputy City Ad rnistrator City Services 07-896/8133 Exhibit "A" Resolution No. 2008-45 Exhibit "A", P-lution No. 2008-45 SIDE LETTER AGREEMENT July 1, 2008 Representatives of the Huntington Beach Police Management Association ("HBPMA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the educational requirement for eligibility to test for the position of Police Lieutenant pursuant to Article XIV (K) of the MOU between the HBPMA and City effective July 1, 2006. It is agreed there has been an insufficient amount of time for candidates to prepare for and meet the bachelor's degree requirement for the Lieutenant position, which became effective July 1, 2007. The HBPMA and City agree to an extension of the degree requirement date for the Lieutenant position only. Article XIV (K) of the MOU between the HBPMA and City effective July 1, 2006, is amended as follows: All employees eligible to test for the position of Police Captain after July 1, 2007, shall possess a Bachelor's degree from an accredited educational institution. All employees eligible to test for the position of Police Lieutenant after July 1, 2010, shall possess a Bachelor's degree from an accredited educational institution. Dave I§unetta President HBPMA Dated: ;7-1 1-oF3 For the City of Huntington Beach /,4/ /;N_ Paul E ery Interim City Administrator Dated: 8/5/08 Kenneth W. Small Chief of Police Dated: -? - 21 ` O s Res. No. 2008-45 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, .LOAN L. FLYNN 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 August 4, 2008 by the following vote: AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio NOES: None ABSENT: None ABSTAIN: None Q!")- 671�- �' CVy Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California INITIATING DEPARTMENT: Police Department SUBJECT: Adopt Resolution changing the date requiring a bachelor's degree to be eligible to test for, and promote to, the position of Police Lieutenant from July 1, 2007 to July 1, 2010. COUNCIL MEETING DATE: I August 4, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable x Resolution (w/exhibits & legislative draft if applicable) Attached x Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached Applicable ElNot X (Signed in full by the City Attomey) Subleases, Third Party Agreements, etc. Attached Applicable ElNot (Approved as to form by City Attome Certificates of Insurance (Approved by the CityAttached Attomey) Not Applicable El Fiscal Impact Statement (Unbudget, over $5,000) Nott Applicable El Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Re ort If applicable P ( PP ) Attached Not Applicable El s/Conditions for Approval and/or Denial 9 PP Attached Not Applicable ElFindin EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (initial) Administrator (Initial) ( ) ( ) -City .City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: Lt. Dave Bunetta Council/Agency Meeting Held: -7-� a- Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied f ?yCler'Vs Sig ure Council Meeting Date: 7/7/2008 Department ID Number: HR 08-07 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL M SUBMITTED BY: PAUL EMERY, INTERIM CITY PREPARED BY: MICHELE CARR, DIRECTOR O SUBJECT: ADOPT A RESOLUTION ADOP MEMORANDUM OF UNDERST THE POLICE MANAGEMENT A IG.,A SIDE LETTER TO THE ING BETWEEN THE CITY AND OCIATION (PMA) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Memorandum of Understanding (MOU) with the Huntington Beach Police Management Association (PMA) was approved by the City Council on July 17, 2006. The City and PMA representatives met and conferred regarding the following additional terms: Medical Retirement Trust Fund Program Funding Source: The cost to implement the Medical Retirement Trust Fund Program will be borne by the PMA members. Recommended Action: Motion to: Adopt Resolution No. 2008- 34 a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association (PMA), By Adopting the Side Letter of Agreement. Alternative Action(s): Do not adopt Resolution No. 2008- 34, a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association (PMA), By Adopting the Side Letter of Agreement. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 07/07/08 DEPARTMENT ID NUMBER: HR 08-07 Analysis: Representatives of PMA and the City of Huntington Beach have agreed to the additional terms and conditions outlined in the Side Letter Agreement — Exhibit A. The City hereby modifies the PMA MOU (Resolution No. 2006-43) as contained in the Side Letter Agreement - "Exhibit A". Medical Retirement Trust Fund Program The City has agreed to authorize the PMA to participate in an employee welfare medical benefit trust program, called PORAC Retiree Medical Trust, providing the conditions set forth in Exhibit A are adhered to. Strategic Plan Goal: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Fully understand the financial implications of financial decisions before they are made, and recognize and disclose fiscal impacts of the pension crisis. Environmental Status: Not applicable Attachment(s): 1. Resolution 2008- 34 Amending the Memorandum of Understanding between the City of Huntington Beach and the Police Management Association by adopting the side letter of agreement, including Exhibit A: The Side Letter Aareement. -2- 6/10/2008 4:47 PM ATTACHMENT #1 RESOLUTION NO. 2008-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT (REGARDING MEDICAL RETIREMENT TRUST FUND PROGRAM) WHEREAS, on July 17, 2006, the City Council of Huntington Beach adopted Resolution No. 2006-43 for the purpose of adopting the 2006-10 Memorandum of Understanding (MOU) between the City and the Police Management Association (PMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and PMA agreed to changes, corrections, and clarifications to the MOU that were reflected in a Side Letter of Agreement between the City of Huntington Beach and the PMA adopted by Resolution No. 2007- 24. At this time, the parties have agreed to additional changes to the Side Letter of Agreement between the City of Huntington Beach and PMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to the participation in a qualified medical retirement trust fund program. 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 PMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7 th day of Jul V 200 8 . REVZAdministrat D PPROVED: City r IN Attorney Resources 07-896/8133 Resolution No. 2008-34 -E&H-I.BIT Resolution No. 21)08-34, Exhibit "A" SIDE LETTER AGREEMENT May 31, 2008 Representatives of the Huntington Beach Police Management Association ("HBPMA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the implementation of a Post -Retirement Medical Reimbursement Program pursuant to Article IV(E) of the MOU between the HBPMA and City effective July 1, 2006. EMPLOYEE WELFARE BENEFIT TRUST FUND: The City authorizes the HBPMA to participate in an employee welfare medical benefit trust fund program, called that PORAC Retiree Medical Trust, providing the following conditions are adhered to: 1. The City and HBPMA agree that the City shall not provide any contribution to the program. 2. Effective 5/31/08, the City shall withhold $100.00 monthly for each represented employee. Thereafter, said withholding shall be in an amount as designated by the HBPMA. Deductions shall be taken on the first two checks of each month. 3. HBPMA shall pay all associated expenses incurred for participation in the program. 4. Upon request, the HBPMA shall provide documentation to the City as follows: a. A copy of the in -force employee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBPMA represented employees only; C. A copy of the current program document as well as any changes of amendments, or written confirmation that there have been no changes as employee medical welfare benefit trust fund program provider; d. Verification of the funds submitted to the PORAC Retiree Medical Trust by the HBPMA, and e. A statement certifying that the submitted funds are only being utilized to provide employee welfare medical benefit trust funds for participating members including members of the HBPMA. 5. City shall submit the withheld funds to the PORAC Retiree Medical Trust bi- weekly. 07-896-8136 Resolution No. 2008-34, Exhibit "A" 6. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 7. HBPMA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the qualified employee welfare benefit trust fund program. LEAVE BENEFITS UPON SEPARATION: Article XIV(F) of the MOU between the HBPMA and City effective July 1, 2006, is amended as follows: The value of any unused earned leave benefits (sick, vacation, general leave) shall transferred to deferred compensation or a qualified medical retirement trust program in connection with separation from employment, but only during the time the employee is actively employed with the City. Any transfer to the qualified medical retirement trust program shall be on a pre-tax basis. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. Any unused earned leave benefits remaining upon separation will be transferred to the qualified medical retirement trust program on a pre-tax basis. Tom Donr/elly Presiden / Dated: 2 For the ty f H n 'ngton Beach Paul Emery Interim City Administrator Dated: �L& Kenneth W. Small Chief of Police Dated: G ( b Approved as to form: Jen ifer McGrath City Attorney Dated: �p 1 07-896-8136 INITIATING DEPARTMENT: HUMAN RESOURCES SUBJECT: ADOPT A RESOLUTION AMENDING THE POLICE MANAGEMENT ASSOCIATION (PMA) MOU BY ADOPTING A SIDELETTER OF AGREEMENT COUNCIL MEETING DATE: July 7, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance, (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Ap licable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ® _ EXPLAHA T�QH FOR 6'v�WN G QTTACH E MTV REVIEWED RETURNED FORfV ED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN 0F ITEM: T — - (Below Space For City Clerk's Use On'`ly) RCA Author: MICHELE CARR a , Council/Agency Meeting Held: l� Deferred/Continued to: gApproved ® Conditionally Approved ❑ D nied City er s S nature Council Meeting Date: 4/2/2007 Department ID Number: HR-07-02 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONARABLE MAYOR AND Cl OUNCIL SUBMITTED BY: PE LOPULBRETH-GRAF , CITY ADMINISTRATOR PREPARED BY: ROBERT HALL, DEPUTY CITY ADMINISTRAT SUBJECT: ADOPT RESOLUTION APPROVING SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE MANAGEMENT ASSOCIATION (REGARDING MEDICAL RETIREMENT TRUST FUND PROGRAM) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Memorandum of Understanding (MOU) with Huntington Beach Police Management Association (PMA) approved by the City Council on July 17, 2006, includes a provision on a Post Retirement Medical Reimbursement Program. The City and the PMA have come to a side letter agreement regarding a Post Retirement Medical Reimbursement Program. Funding Source: No additional funding is required. Recommended Action: Motion to: Adopt Resolution No. 2oo7-24, a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association, By Adopting the Side Letter of Agreement (Regarding Medical Retirement Trust Fund Program) Alternative Action(s): Do not adopt Resolution No. 2007-24 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association, By Adopting the Side Letter of Agreement (Regarding Medical Retirement Trust Fund Program) Rr-QUEST FOR CITY COUNCIL AG e ION MEETING ®ATE: 4/2/2007 DEPARTMENT I® NUMBER: HR-07-02 Analysis: Representatives of the PMA and the City of Huntington Beach have agreed to terms and conditions related to the implementation of a Post -Retirement Medical Reimbursement Program pursuant to Article IV(E) of the MOU between the PMA and the City effective July 1, 2006. Under the side letter agreement, the City authorizes the PMA to implement and administer its own employee welfare benefit trust fund program called the California Public Safety Retirement Medical Trust. The side letter also amends Article XIV — Leave Benefits of the MOU between the PMA and the City to include a provision that allows the value of any unused earned leave benefits (sick, vacation, general leave) to be transferred to deferred compensation or a PMA- sponsored medical retirement trust program in connection with separation from employment: Environmental Status: Not applicable Attachment(s): 1. Resolution2007-24 -Amending the Memorandum of Understanding. between the City of Huntington Beach and the Police Management Association by adopting the side letter of agreement (regarding medical retirement trust fund program), including Exhibit A: The Side Letter Aareement. -2- 3/19/2007 1:14 PM A `HMENT I TTA RESOLUTION NO. 2007-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BF`A1-11 AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY ,Ak'' D TCIE POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTEP bF AGREEMENT (REGARDING MEDICAL RETIREMENT TRUST FUND PROGR fi,,!) WHEREAS, on Jul y 17 , 2006 , the City Council of Huntington Beach adopted Resolution No. 2006-43 for the purpose of adopting the 2006-10 Memorandum of Understanding (MOU) between the City and the Police Management Association (PMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and PMA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agre.etrent between the City of Huntington Beach and the PMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to the implementation of a medical retirement trust fund program. 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 PMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of Apri 1 2007 . .I!NFJW OW . • REVIEWED AND APPROVED: APPROVED AS TO FORM: ,City AdrAinistrator INI D AND APPROVED: Deputy City Ad inistrator City Services 07-896/8133 Resolution No. 2007-24 Exhibi, A" SIDE LETTER AGREEMENT February 22, 2007 Representatives of the Huntington Beach Police Management Association ("HBPJ%`iX and the City of Huntington Beach ("City") hereby agree to the following terms relate; k:; the implementation of a Post -Retirement Medical Reimbursement Program pursuar it to Article IV(E) of the MOU between the HBPMA and City effective July 1, 2006. EMPLOYEE WELFARE BENEFIT TRUST FUND: The City authorizes the HBPMA to implement and administer its own employee welfare medical benefit trust fund program, called that California Public Safety Retirement Medical Trust, providing the following conditions are adhered to: 1. The City and HBPMA agree that the City shall not provide any contribution to the program. 2. Effective upon ratification of this side letter, City shall withhold $88.89 monthly for each represented employee. Effective 1/1/08, said withholding shall increase to $92.52. Effective 1/1/09, said withholding shall increase to $97.25. Effective 1/1/10, said withholding shall increase to $102.23. Deductions shall be taken on the first two checks of each month. 3. HBPMA shall create and administer the program and shall pay all associated expenses incurred for administering the program. 4. Upon request, the HBPMA shall provide documentation to the City as follows: a. A copy of the in -force employee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBPMA represented employees only; C. A copy of the current program document as well as any changes of amendments, or written confirmation that there have been no changes as employee medical welfare benefit trust fund program provider; d. Verification of the funds received by the HBPMA, and e. A statement certifying that the submitted funds are only being utilized to provide emplo,ae welfare medical benefit trust funds for participa..ng members including members of the HBPMA. 5. City shall pay the withheld funds to the HBPMA bi-weekly. 07-896-8136 Resolution "'r). 2007-24 Exhibit "t, 6. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 7. HBPMA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPMA sponsored and administered employee welfare benefit trust fund program. LEAVE BENEFITS UPON SEPARATION: Article XIV(F) of the MOU between the HBPMA and City effective July 1, 2006, is amended as follows: The value of any unused earned leave benefits (sick, vacation, general leave) may be transferred to deferred compensation or a PMA-sponsored medical retirement trust program in connection with separation from employment, but only during the time the employee is actively employed with the City. Any transfer to the PMA- sponsored medical retirement trust program shall be on a pre-tax basis. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. Any unused earned leave benefits remaining upon separation will be transferred to the PMA-sponsored medical retirement trust program on a pre-tax basis. For H A For the City of Huntington Bea Tom Donnelly pj, SyvA4zr . Penelope Culbreth- raft President VCcr P¢ 6r_%M"r City Administrator Dated: 2 07-896-8136 Dated: 1 Kenneth W. Small Chief of Police Dated: :J ` 2-,�D — 07 Approved as to form: Jen- - f�) ��. n er McGrath 3• i-, City Attorney Dated: r�/y�—' Res. No. 2007-24 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 2nd day of April, 2007 by the following vote: AYES: Bohr, Carchio, Cook, Green, Hardy NOES: None ABSENT: Coerper, Hansen ABSTAIN: None -9P&*J 0)1-jv� y Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATION SUBJECT: ADOPT RESO APPROVING PMA MEDICAL REIMIBURSMENT TRUST SIDELETTER COUNCIL MEETING DATE: April 2, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attome Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved, by the CityAttomey) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attachelicable El Not A Staff Report (If applicable) Attached etl ® icable NoA ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXCLAMATION FOR 6v�=WG ATTACN�Iii EHTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Deputy City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: P. Ahumada Dp REQUEST FOR ACTION R E. (° IF MEETING DATE: 7-17-06 DEPARTMENT ID NUMBER: A j@e-g8 PM : 53 CIT t= C, `I<.:iLiCIT'i OF 0 E d C I -I Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑Denied 00, ity er 's S aure Council Meeting Date: 7/17/06 Department I umber: ADCS-06-22 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CCZUNCIL MEMBERS v SUBMITTED BY: PENELOPE CUR ETH-G A T, CI ADMINISTRATOR PREPARED BY: ROBERT HALL, DEPUTY CITY ADMINISTRATOR SUBJECT: APPROVAL OF THE MEMORANDUM OF 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 City and the Huntington Beach Police Management Association (PMA) enter into a new Memorandum of Understanding (MOU) covering the period July 1, 2006 through June 30, 2010? Funding Source: Funding is contained in the current Fiscal Year 2005/2006 budget and funding will be included in the budgets for Fiscal Years 2006/07, 2007/08, 2008/09 and 2009/10. The cost to implement the PMA MOU in the current Fiscal Year is $47,637 from July 1 through September 30, 2006; $181,526 in Fiscal Year 2006/07; $140,592 in Fiscal Year 2007/08; $168,444 in Fiscal Year 2008/09; and, $129,995 from October 1 through June 30, 2010 in Fiscal Year 2009/10. Total estimated cost of this Memorandum of Understanding for a four- year term is $668,200. Recommended Action: Motion to: Adopt Resolution No. b_J�, a Resolution of the City Council of the City of Huntington Beach approving and implementing the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Management Association for the term of July 1, 2006 through June 30, 2010. Fi P•\RCA\RCA 2006\RCA PMA MOU 07-17-06 doc -2- 7/6/2006 2:46 PM I REQUEST FOR ACTION MEETING DATE: 7-17-06 DEPARTMENT ID NUMBER: ADCS-06-22 Alternative Action(s): Do not approve the ,Resolution for employees of the PMA and direct staff to either attempt to continue to meet and confer with the Association or utilize the impasse procedures under the City's Employer -Employee Relations Resolution. Analysis: Representatives of the City and the PMA have completed the meet and confer process with agreement on a new Memorandum of Understanding (MOU) for the period of July 1, 2006 through June 30, 2010. Highlights from the listing of proposed pay and benefit changes include the following: Wage Increases (effective the pay period that includes the dates below) 7/1 /06 — 6% for Lieutenants 4% for Captains 7/1 /07 — 4% for Lieutenants and Captains 7/1/08 — 5% for Lieutenants and Captains 7/1 /09 — 3.25% for Lieutenants 2.50% for Captains 1 /1 /10 — 3.75% for Lieutenants 3.00% for Captains Additional Management Benefits Addition of an Executive Development Pay Program that provides 5% of the base monthly rate of pay for completion of California Peace Officers' Standards and Training (POST) Command College or the Federal Bureau of Investigation (FBI) Academy. Effective 1/1/08, increase in uniform allowance from $1,200 to $1,275 per calendar year. Lieutenant Sick Leave benefit of 60 days per incident/illness during the one-year probationary period. This leave does not accrue or have a cash -out value. Health and Other Employee Benefits Effective 1/1/07, the City's contribution cap for medical (and vision) coverage is established at the sum of the premiums for the Orange County Blue Shield HMO (PEHMCA plan) and Vision plan by employee coverage levels. In 2008 and through the term of the contract in P \RCA\RCA 2006\RCA PMA MOU 07-17-06 doc -3- 7/6/2006 2:46 PM i REQUEST FOR ACTION I MEETING DATE: 7-17-06 DEPARTMENT ID NUMBER: ADCS-06-22 2010, the City's contribution cap shall increase up to 10% each year. Any premium amounts that exceed the City's contribution cap shall be the employee's responsibility. Similar to medical and vision coverage, the City's contribution cap for dental coverage is established at the Dental PPO plan per employee coverage level. In 2008 and through the term of the contract in 2010, the City contribution cap shall increase by up to 5% each year. City contribution of $25 monthly per active employee for Long Term Care (LTC) coverage. City contribution of $38 monthly per active employee for Long Term Disability Insurance coverage. Environmental Status: Not applicable Attachment(s): P-\RCA\RCA 2006\RCA PMA MOU 07-17-06 doc -4- 7/6/2006 2:46 PM ATTACHMENT #1 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION (PMA) Proposed Changes in FY 2005/2.006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Conditions Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary b.) Salary b.) Salary a.) Base Salary* Costs** . Costs** Driven Costs** Driven Costs** Driven Costs** b.) Salary Driven c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Term of Memorandum of Understanding OU) 0 7/01/06 — 06/30/ 10 48 — month agreement Wage Increase Eff. the start of the pay a) $ 23,806 a) $ 23,806 This wage increase addresses internal period that includes b) $ 14,583 b) $ 14,583 compaction (top pay step) — 34.9% between Sgt 7/l/06, c) $ 38,389 c) $ 38,389 and Lt & 15% between Lt and Capt. 6% for Lieutenants and 4% for Captains Eff. the start of the pay a) $ 89,633 a) $ 89,633 This wage increase addresses internal period that includes b) $ 54,909 b) $ 54,909 compaction (top pay step) — 32.2% between Sgt 7/1/07, c) S 144,542 c) $ 144,542 and Lt & 15% between Lt and Capt. 4% for Lieutenants and Captains Eff. the start of the pay a) $ 78,340 a) $ 78,340 This wage increase addresses internal period that includes b) $ 47,991 b) $ 47,991 compaction (top pay step) — 32.9% between Sgt 7/l/08, c) $ 126,331 c) $ 126,331 and Lt & 15% between Lt and Capt. 5% for Lieutenants and Captains * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost consideration �I a, Council Meeting of July 17, 2006 Page 1 of 7 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION (PMA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Conditions Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary b.) Salary b.) Salary a.) Base Salary* Costs** Costs** Driven Costs** Driven Costs** I Driven Costs** b.) Salary Driven c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Eff. the start of the pay This wage increase addresses internal period that includes a) $ 95,474 a) $ 95,474 compaction (top pay step) — 33.8% between Sgt 7/1/09, b) $ 58,487 b) $ 58,487 and Lt & 14.2%between Lt and Capt. 3.25% for Lieutenants c) $ 153,961 c) $ 153,961 and 2.50% for Captains Ef. . the start of the pay a) $ 73,283 a) $ 73,283 This wage increase addresses internal period that includes b) $ 44,892 b) $ 44,892 compaction (top pay step) — 39% between Sgt 1 / l / 10, c) $ 118,175 c) $ 118,175 and Lt & 13.3% between Lt and Capt. 3.75% for Lieutenants and 3.00% for Captains Additional Management Benefits Addition of an a) $ 5,083 a) $ 15,250 a) $ 20,333 These programs are well -accepted by Executive Development b) $ 3,114 b) $ 9,342 b) $ 12,456 California law enforcement. This benefit Program that provides a c) $ 8,197 c) $ 24,592 c) $ 32,789 applies in lieu of the $80/month pay benefit for _ 5% pay benefit for the Supervisory Leadership Institute. Max. completion of Command benefit is $80/month or 5% of the base monthly College or the FBI rate of pay. Academy * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost consideration J Council Meeting of July 17, 2006 Page 2 of 7 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION (PMA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Conditions Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary b.) Salary b.) Salary a.) Base Salary* Costs** Costs** Driven Costs** Driven Costs** Driven Costs** b.) Salary Driven c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Ef. . 1/1/08, increase annual uniform allowance increase from $1,200 to $1,275 $ 1,050 N/C N/C $ 1,050 Change in uniform allowance payment from full payment at the first of the calendar year to a pro -rated amount based on length of active employment in the calendar year. Consideration for Program languages include Spanish, additional languages in N/C N/C N/C N/C N/C N/C Vietnamese and American Sign. Additional the current Bilingual Pay languages may be approved at the discretion of Program the Chief of Police. Same as HBPOA. Removal of auto Updates MOU; current employees are assigned allowance eligibility of N/C N/C N/C N/C N/C N/C a City vehicle $350/mth * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost consideration b Council Meeting of July 17, 2006 Page 3 of 7 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION (PMA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Conditions Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary b.) Salary b.) Salary a.) Base Salary* Costs** Costs** Driven Costs** Driven Costs** Driven Costs** b.) Salary Driven c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Health Benefits Eff. 1/1/07, the City's Employee is responsible for medical (and contribution for medical vision) premium costs above 10% based on (and vision) shall be the N/C $ 9,242 $ 13,211 $ 14,483 $ 11,820 $ 48,756 level of coverage selected. sum of the premiums for the OC Blue Shield Employee is responsible for dental premium HMO (PEHMCA) plan costs above 5% based on level of coverage and the Vision plan for selected. each coverage level. From 2008 through end of contract term, the City's atuival contribution shall increase up to 10% each year. Similarly, the City's contribution for dental shall be based on the Dental PPO plan and up to a 5% increase each year through end of contract term in 2010. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost consideration J Council Meeting of July 17, 2006 Page 4 of 7 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION (PMA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Conditions Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary b.) Salary b.) Salary a.) Base Salary* Costs** Costs** Driven Costs** Driven Costs** Driven Costs** b.) Salary Driven c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Eff. 8/l/06, City City contribution is $25 per active employee contribution for Long $ 1,050 $ 3,150 $ 4,200 paid on a monthly basis for HBPOA LTC Term Care (LTC) program (policy verification required) coverage Eff. 8/1/06, City City contribution is $38 per active employee contribution for Long N/C N/C N/C N/C N/C N/C paid on a monthly basis for HBPOA LTD Term Disability (LTD) coverage (replaces City program). No coverage significant cost impact. Paid Leave Addition of Police Employees shall receive 60 days per Lieutenant Sick Leave N/C N/C N/C N/C N/C N/C incident/illness during the one year (applicable only during probationary period (same sick leave benefit as one-year probationary HBPOA, but w/out restriction). This Leave period) does not accrue or have a cash out value. Removal of sunset Mutual agreement to continue this provision in clause regarding pay out N/C N/C N/C N/C N/C N/C the MOU. Maximum General Leave accrual is upon reaching maximum 640 hours. General Leave accrual * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost consideration sk- V Council Meeting of July 17, 2006 Page 5 of 7 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION (PMA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Conditions Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary b.) Salary b.) Salary a.) Base Salary* Costs** Costs** Driven Costs** Driven Costs** Driven Costs** b.) Salary Driven c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Contract Language U dates Provision for Controlled Policy statement on the City's right to conduct Substance and Alcohol N/C N/C N/C N/C N/C N/C reasonable suspicion testing based on Testing department policy. Removal of Police Updates PMA MOU to reflect unit Sergeant provisions N/C N/C N/C N/C N/C N/C representation for Police Captains and from the MOU Lieutenants only. Management Rights N/C N/C N/C N/C N/C N/C Update to reflect consistent w/POA MOU. Clarification on Update to conform to Federal Labor Standards Deductions from Pay, N/C N/C N/C N/C N/C N/C Act (FLSA) terminology as applicable to Exempt Compensatory exempt positions Time and Executive Leave Grievance Hearing Cost The City and the PMA shall share hearing costs Sharing N/C N/C N/C N/C N/C N/C for disciplinary and non -disciplinary grievance matters on an equal basis (50-50). Personnel Rule 19 Amended to afford management the same amended N/C N/C N/C N/C N/C N/C response timelines as employees on non - disciplinary rievance matters. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost consideration Council Meeting of July 17, 2006 Page 6 of 7 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION (PMA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Conditions Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary b.) Salary b.) Salary a.) Base Salary* Costs** Costs** Driven Costs** Driven Costs** Driven Costs** b.) Salary Driven c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Education requirement All employees eligible to test for promotional (Bachelor's degree) for N/C N/C N/C N/C N/C N/C consideration after July 1, 207, shall possess a Police Captain and Bachelor's degree Police Lieutenant General non -substantive General administrative MOU maintenance. language clean- N/C N/C N/C N/C N/C N/C Also includes any non -substantive changes to ups/format changes reflect consistency w/POA MOU as applicable. During the Term of the Agreement Discuss funding and _ . _ Agreement to meet and discuss with no possible implementation N/C N/C N/C N/C N/C N/C obligation to implement a program. of a post retirement medical savings plan Cost of Proposed a) $ 28,889 a) $ 104,883 a) $ 78,340 a) $ 95,474 a) $ 73,283 a) $ 380,869 Changes b) $ 18,747 b) $ 76,643 b) $ 62,252 b) $ 72,970 b) $ 56,712 b) $ 287,324 c) $ 47,636 c) $ 181,526 c) $ 140,592 c) $ 168,444 c) $ 129,995 c) $ 668,193 * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost consideration Council Meeting of July 17, 2006 Page 7 of 7 • I� ATTACHMENT #2 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN • CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION TERM OF MEMORANDUM OF UNDERSTANDING • 07/01/06 - 06/30/10 Employees in Police Management Association: 14 SUMMARY OF NEGOTIATED PROVISIONS INCLUDING COSTS • I. WAGE INCREASES ➢ Eff. the start of the pay period that includes 7/1 /06, 6% for Lieutenants and 4% for Captains ➢ Eff. the start of the pay period that includes -7/1 /07, 4% for Lieutenants and 4% for Captains FY 2005/06 Estimated Cost: Base Salary* $ 23,806 Salary Driven Cost** $ 14,583 Total Est. Cost*** $ 38,389 FY 2006/07 Estimated Cost: Base Salary* $ 89,633 Salary Driven Cost** $ 54,909 Total Est. Cost*** $1443542 * Base Salary is the cost of raising salary ** Salary Driven Costs are the additional costs associated with raising base salary, which include employer taxes, workers compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 E a I. WAGE INCREASES - Continued ➢ Eff. the start of the .pay period that includes 7/1 /08, 5% for Lieutenants and 5% for Captains ➢ Eff. the start of the pay period that includes 7/1 /09, 3.25% for Lieutenants and 2.50% for Captains FY 2007/08 Estimated Cost: Base Salary* $ 78,340 Salary Driven Cost** $ 47,991 Total Est. Cost*** $126, 331 FY 2008/09 Estimated Cost: Base Salary* $ 95,474 Salary Driven Cost** $ 58,487 Total Est. Cost*** $153,961 * Base Salary is the cost of raising salary ** Salary Driven Costs are the additional costs associated with raising base salary, which include employer taxes, workers compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 0 0 I. WAGE INCREASES - Continued ➢ Eff. the start of the pay period that includes 1 /1 /10, 3.75% for Lieutenants and 3.00% for Captains FY 2009/10 Estimated Cost: Base Salary* $ 73,283 Salary Driven Cost** $ 443892 Total Est. Cost*** $118,175 * Base Salary is the cost of raising salary ** Salary Driven Costs are the additional costs associated with raising base salary, which include employer taxes, workers compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 0 E II. ADDITIONAL MANAGEMENT BENEFITS ➢ Addition of an Executive Development Program that provides a 5% pay benefit for completion of Command College or the FBI Academy ➢ Same as above FY 2005/06 Estimated Cost: Base Salary* Salary Driven Cost** $3,114 Total Est. Cost*** $8,197 FY 2006/07 Estimated Cost: Base Salary* $153250 Salary Driven Cost** $ 9,342 Total Est. Cost*** $24,592 * Base Salary is the cost of raising salary ** Salary Driven Costs are the additional costs associated with raising base salary, which include employer taxes, workers compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 E II. ADDITIONAL MANAGEMENT BENEFITS Eff. 1/1/08, increase annual uniform allowance increase from $1,200 to $1,275 FY 2007/2008 $ 11050 • III. HEALTH BENEFITS Eff. 1 /1 /07, the City's contribution for medical (and vision) shall be the sum of the premiums for the OC Blue Shield HMO (PEHMCA) plan and the Vision plan for each coverage level. From 2008 through end of contract term, the City's annual contribution shall increase up to 10% each year. Similarly, the City's contribution for dental shall be based on the Dental PPO plan and up to a 5% increase each year through end of contract term in 2010 FY 2006/2007 $93242 FY 2007/2008 $13)211 FY 2008/2009 $143483 FY 2009/2010- $113820 III. HEALTH BENEFITS Eff. 8/1/061 City contribution for Long Term Care (LTC) coverage • FY 2005/2006 $1,050 FY 2006/2007 $3,150 f SUMMARY OF NEGOTIATED PROVISIONS 0 NO MEASURABLE COST CONSIDERATIONS I. ADDITIONAL MANAGEMENT BENEFITS • Consideration for additional languages in the � current Bilingual Pay Program • Remove Auto Allowance eligibility of $350 monthly s II. HEALTH BENEFITS • Effective 8/1/06, City contribution of $38.00 0 per active employee paid on a monthly basis for Long Term Disability (LTD) coverage (replaces previous City coverage with minimal cost impact) i III. PAID LEAVE • Addition of Police Lieutenant Sick Leave of 0 sixty (60) days per incident/illness during one (1) year probationary period • Removal of sunset clause regarding pay out upon reaching maximum General Leave • accrual (640 hours) IV. CONTRACT LANGUAGE UPDATES • Provision for Controlled Substance & Alcohol Testing (Based on Reasonable Suspicion) • Management Rights 9 • Clarification on Deductions from Pay, Exempt Compensatory Time and Executive Leave • Grievance Hearing Cost Sharing • Personnel Rule 19 amended • Education requirement (Bachelor's degree) for Police Captain and Police Lieutenant Eff. � 7/1/07 • General non -substantive language clean-ups/ format changes, incl. removal of provisions for Police Sergeant V. DURING THE TERM OF THE AGREEMENT • • Discuss funding and possible implementation of a post retirement medical savings plan. 0 u Total Cost Summary Estimated Cost for Term of the Agreement 07/01 /06 — 06/30/10 I. Wages Base Salary $3607536 Salary Driven Costs $220,862 Total Est. Cost $5817398 II. Add t'l Mgmt Benefits Base salary $ 207333 Salary Driven Costs $ 137506 Total Est. Cost $ 33,839 111. Health Benefits $ 52,956 Base Salary $3807869 TOTAL ESTIMATE salary Driven Costs $287,324 Total Est. Cost 1 $6687193 ATTACHMENT #3 0 • POLICE MANAGEMENT ASSOCIATION 2004 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PREAMBLE..................................................................................................................................1 ARTICLE I -- REPRESENTATIONAL UNIT.................................................................................1 ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT......................................................1 ARTICLE III -- SALARY SCHEDULES AND RETIREMENT.......................................................2 1. Wage Increase .. . ............... .. ................ ... ..... ........... 2 2. Sep+o1: PA-lip-eSergeant ......... ..... . . ............. 2 ARTICLE IV -- HEALTH AND OTHER INSURANCE BENEFITS...........................................434 A. HEALTH...................................................................................................................................3 1 Effective Date of Health Coverage. . . .............. ........... .. 3 2 CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA) ... ... .. ..... .................. 3 a. PEMHCA Employer Contributions....... . ....... ........................... 4 b. Maximum Employer Contributions .................. ...... ...... ...... ..... .. ....... 4 3 Dental Insurance . .. ............ ... .. ............................ .. . .. ...... 5 4 Retiree (Annuitant) Coverage .... ................................................... 5 a City Contribution (Unequal Contribution Method) for Retirees. ... .. 5 b. Termination of Participation in the CalPERS PEMHCA program - Impact to Retirees . ............................ 5 5 Additional Costs for Participation in the PEMHCA Program ..... .... .. . .. ...6 a Retiree and/or Annuitant Coverage ... .............. 6 b Termination Clause... .. . ... .. 6 6. Medical/Vision Cash -Out. ....... ......... ......... ..... ...... .... ...... 7 B. SECTION 125 EMPLOYEE PLAN.................................................................................................7 C. LIFE INSURANCE......................................................................................................................7 D. INCOME PROTECTION PLAN......................................................................................................7 E. VOLUNTARY HEALTH SAVINGS ACCOUNT PLAN..........................................................................8 ARTICLE V -- BEREAVEMENT LEAVE............................................................................121112 ARTICLE VI -- SPECIAL PAY AND ALLOWANCES.........................................................121113 A. AUTO ALLOWANCE AND TAKE HOME VEHICLE USE...........................................................113 B. FLIGHT PAY G. ME)TOR PAY ..................................................................................................................131-213 D. BILINGUAL PAY..............................................................................................................1 E. UNIFORM ALLOWANCE............................................................................................................10 Proposed Draft PMA MOU F. G. H POLICE MANAGEMENT ASSOCIATION 2004-2006-MEMORANDUM OF UNDERSTANDING TA M1 C r% r%r%LlTCM Ir C% 1 A1. VI VVI\ 1 VI\ 1 V PPOLIGE SERGEANT AND SAP PE)LIsE SERGEANT SPEGIAL PAY AND „ ANGES ..........151416 :2 GeurtAppearann-eTerne Time a Tetephen'G Business ........ PAY IN LIEU OF COMPENG TeR EXEMPT COMPENSATORY TIME...............................................11 MEALALLOWANCE.........................................................................................................1 11 454� 1 Per Diem. ... ................. ... . .... .................................... 11 2. Per Diem Schedule.......... .. ......................... .... ....... .... ...... . 11 1 Mileage Allowance.......................................................................................................174G47 J. EFFECTIVE DATE OF SPECIAL PAYS.........................................................................................12 ARTICLE VII -- DRUG TESTING.......................................................................................1747 ARTICLE VIII —LEAVE BENEFITS.................................................................................... 171R17 A. ANNIVERSARY DATE.......................................................................................................171617 B. GENERAL LEAVE............................................................................................................174494-0 1. Accrual.. ... .. ... ... .. 12 2. Eligibility and Approval .. .... 12 3. Terminal General Leave Pay.. ....... 13 4. Conversion to Cash.................................................................. ... .... 13 C. SICK LEAVE...................................................................................................................18 j 4-0 1. Accrual. .... ..... ... ... ...... ............. .... ....13 2 Credit ............................. ..... . ........................... 13 3. Usage ......... ....................... ..... .. .... . . ...... . ..... I .......... 14 E. LEAVE BENEFIT ENTITLEMENTS...............................................................................................14 F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM.........................................................14 ARTICLE IX SICK LEAVE PAYOFF................................................................................. 201920 ARTICLE X -- MISCELLANEOUS PROVISIONS.............................................................. 212021� A. RE-OPENER.................................................................................................................. 212021 B. FLEET MANAGEMENT PROPOSAL..................................................................................... 212021 C. PERSONNEL RULE CHANGES.......................................................................................... 212021 D. EMPLOYER -EMPLOYEE RELATIONS RESOLUTION (EERR).........................................................16 nn na onne FINAL 7 19 nG Proposed Draft PMA MOU 6-20 ii POLICE MANAGEMENT ASSOCIATION 2004-2006-MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS 1a. Modification of Section 7 - Decertification and Modification ............ ... ......... 16 E. WEAPONS VESTING....................................................................................................... 32� F. ASSOCIATION BUSINESS................................................................................................. 232223 G. DEFERRED COMPENSATION/LEAVE CASH-OUT................................................................ 2324 H. TEN PLAN — FLEX WORK SCHEDULE............................................................................... 242324 I: COLLECTION OF PAYROLL OVER PAYMENTS.............................................................................18 J. DIRECT DEPOSIT....................................................................................................................18 K. ADMINISTRATIVE APPEAL PROCEDURE.....................................................................................19 ARTICLEXI -- HOLIDAYS.................................................................................................2524m A. CITY RECOGNIZED HOLIDAYS.................................................................................................19 B. HOLIDAY COMPENSATION FOR CAPTAINS AND LIEUTENANTS .............................................. 252425 G. HOLIDAY IDAY COMPENSATION OR PO IGE SERGEANTS AND SENIGR Dni IGE SERGEANTS 20 v�Tvz-rorcr-v�vr rorcrrvrr�vrcr-vvrvv-v�rcv� SERGEANTS AND ........... ..... ARTICLE XII -- WORKSCHEDULE / OVERTIME / TIME OFF .......................................... A. WORK SCHEDULE..........................................................................................................171: 1. 4-10 Plan..... .......... .......... ........... .................... ....... ..... .... .21 2. 7-11 5 Plan.. .......... ....... ............ ... 21 a. Work dDay.. .. .......... .................... ......... ........... ...... ..... I ..... 21 b Work Period ......... ...................... ....... 21 B. OVERTIME.............................................................................................................................22 C. EXEMPT ADMINISTRATIVE TIME (CAPTAINS AND LIEUTENANTS) ......................................... 19 ARTICLE XIII -- EDUCATIONAL PAY................................................................................ A. PROFESSIONAL ACHIEVEMENT REWARD PROGRAM.......................................................... A ..... ..... ........ ........ .... I..... 23 Proposed Draft PMA MOU 6- iii S POLICE MANAGEMENT ASSOCIATION 2004-2006-MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE XIV -- MANAGEMENT RIGHTS......................................................................... 323432 ARTICLE XV -- TERM OF MEMORANDUM OF UNDERSTANDING ................................ 323i32 ARTICLE XVI -- CITY COUNCIL APPROVAL................................................................... ��7 EXHIBIT A - SALARY SCHEDULE...........................................................................................26 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN.....................................................................28 EXHIBIT C - ADMINISTRATIVE APPEAL PROCEDURE.........................................................31 EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ........................34 Proposed Draft PMA MOU 6- iv S 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 (PMA) 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 (MOU) is made, to become effective jaRuaFy-,2004 and eRd on 'une 3'0, 270A6 July 1, 2006 and end on June 30, 2010. 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 and, Police Lieutenant, and PeliGe SeFgean as outlined in Exhibit A attached hereto and incorporated herein. EffeGtive MaFGh 26 2005, the GlassifiGation title ef SenieF P9liGe SeFgeant shall be added to this uRit Of ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this UndeFstandiRq MOU shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Police Management Association. PMA Legislative Draft MOU v.10/06 • POLICE MANAGEMENT ASSOCIATION ARTICLE III -- SALARY SCHEDULES AND RETIREMENT A. Employees shall be compensated at hGUFly 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 aArticles of this MOU. 1. Wage Increases ..Or- -, I Re W— \ - a. Effective the first full pay period that includes July 1, 2006, Police Lieutenants shall receive a six percent (6%) wage increase and Police Captains shall receive a four percent (4%) wage increase. b. Effective the first full pay period that includes July 1, 2007, all Association employees shall receive a four percent (4%) wage increase. c. Effective the first full pay period that includes July 1, 2008, all Association employees shall receive a five percent (5%) wage increase. d. Effective the first full pay period that includes July 1, 2009, Police Lieutenants shall receive a three and one -quarter percent (3'/4%) wage increase and Police Captains shall receive a two and one-half percent (2'/2%) wage increase. PMA Legislative Draft MOU v.1 J&/06 i POLICE MANAGEMENT ASSOCIATION e. Effective the first full pay period that includes January 1 2010 Police Lieutenants shall receive a three and three-quarters percent (3 %%) wage increase and Police Captains shall receive a three percent (3%) wage increase. B. Each swerfl—employee covered by this aAgreement shall be reimbursed an amount equal to nine percent (9%j of the employee's part of his/-eFher California Public Employees' Retirement System (CaIPERSj contribution unless otherwise modified in this MOU. The above CaIPERS pickup is not base -salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. The City and P-MA the Association agree that flew -employees hired after July 6, 1998 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, attached hereto and incorporated herein as Exhibit E). D. UPOR-,adel -When the City adopted of —the 2000-2003 Huntington Beach Police Management Association Memorandum of Understanding, the City amended its contract with CalPERS and implemented the "3% at age 50" retirement formula set forth in the California Government Code Section 21362.2 for all safety 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 for employeesFepreseRt d by the AsSOGiatiop, the amount of employer —paid member contributions to which each employee is reimbursed pursuant to Article III.B shall be reduced by a percentage equal to one-half (1/2) -of the percentage of compensation earnable the City is required to pay in retirement contributions to CalPERS, not to exceed two and one -quarter percent 2.25%1. For example, if the City is required to contribute an amount equal to two percent (2%) of each employee's "compensation earnable," the amount of the reimbursement set forth in Article 111.13 shall be reduced from nine percent 9%j of the employee's compensation earnable to eight percent (8%j of the employee's compensation earnable. If, on the other hand, the City is required to make employer contributions to CalPERS equal to eight percent f8%1, of each employee's compensation earnable, the amount of the employer - paid member contributions reimbursement set forth in Article 111.13 shall be reduced to six and three-quarter percent (6.75%Z of the employee's compensation earnable. E. The City provides the CalPERS Level IV 1959 Survivor's Benefit. F. , The City's shall amen CalPERS seRtFaGt contract has been amended to provide employees f^r 6afety ^m,,loye^6 +^ add the Pre -Retirement Optional Settlement 2 Death Benefit. PMA Legislative Draft MOU v.10/06 0 POLICE MANAGEMENT ASSOCIATION ARTICLE IV -- HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all employees and qualified dependents. The effective date for medical, dental and vision coverage is the first of the month following date of hire. Effective the first of the month following the employe's date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates, unless otherwise precluded by the CaIPERS Public Employees' Medical and Hospital Care Act (PEMHCA). All employee contributions shall be deducted on a pre-tax basis. 1. Effentoye Date of Health Cc)veFa e A. employee sepaFates. All tax basis. 2-1. CalPERS P blip Employees' Medinel and Hospital rare eGt 4PEMHCA} The City presently contracts with CaIPERS to provide medical coverage. The City is required under CaIPERS PEMHCA to make a contribution to retiree medical premiums. A retiree's right to receive a City contribution, and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CaIPERS for medical insurance. In addition, while the City is in CaIPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. Upon termination of thin ERS PEMHCA, the FetiiFeee'S Fights will he as set forth in Artiole !V(AVA\/h\ a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee the followting mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program. If As the mandated minimum is increased from these figures, the City shall make the appropriate adjustments by decreasing its ^efe flex benefits contribution accordingly as defined in the following sub -section. 4 PMA Legislative Draft MOU v.10/06 POLICE MANAGEMENT ASSOCIATION b. Maximum Employer Contributions Towards Flex Benefits For the term of this Agreement, the City's maximum monthly employer contributions for each employee's health medical and vision - ethef insurance premiums are set forth 'n the GhaFts-bt'^. The amel ed below innh de the mandated PEMHGA Gantrmb tmen as follows: - sum Im i. Effective January 1, 2007, the City contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan plus the Vision Service Plan (VSP) vision premiums for each of the following categories: a. Employee only CEE") b. Employee + one dependent CEE +1 ") C. Employee + two or more dependents (" EE +2") The maximum Citv contribution shall be based on the emplovee's enrollment in each plan. The parties agree that the required PEMHCA contribution is included in -this sum stated in the sub -section above. If the employee enrolls in a plan wherein the costs exceed the City contribution. the emplovee is responsible for all additional premiums through Pre-tax payroll deductions. PMA Legislative Draft MOU v.10/06 U POLICE MANAGEMENT ASSOCIATION ii. Effective January 1, 2008, the City contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's contribution for 2007. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. iii. Effective January 1, 2009, the City contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's contribution for 2008. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. iv. Effective January 1, 2010, the City contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's contribution for 2009. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. v. In the event the Orange County Blue Shield HMO Plan is no longer a PEMHCA option, the City's contribution shall increase by ten percent %) each year through the term of the Agreement, provided that the City's contribution shall not exceed the amount of an employee's actual premium. 3-.2. Dental Insurance EffeGtiye Ian aFy 1200,5 +The annual maximum benefit for the Delta Dental PPO plan is two thousand dollars ($210001. a. Effective January 1, 2007, the maximum City contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ") or employee plus two or more dependents ("EE+2"). b. Effective January 1, 2008, the City contribution shall increase in an amount not to exceed five percent (5%) of the City's contribution for 2007. Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. c. Effective January 1, 2009, the City contribution shall increase in an amount not to exceed five percent (5%) of the City's contribution for 2008. Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. d. Effective January 1, 2010, the City contribution shall increase in an amount not to exceed five percent (5%) of the City's contribution for 2009. Any increase in premiums above the City's five percent (5% contribution cap will be the responsibility of the employee. PMA Legislative Draft MOU v.110/06 0 POLICE MANAGEMENT ASSOCIATION 4.3. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CaIPERS to participate in the PEMHCA program, CaIPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CaIPERS 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 fealew+Fleis RA P�CAMAIo ef. the ?„m nor min+h +r,�Air.rrJ meMGal Fan insu Ge pTnnrom fnr a r�iT ,. a „r annuitant. The starting year for the u�nTeLgTuGaTll contribution method is 2004 at $1.00 per month. The City's contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1S by an amount equal to any required amounts to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. Meflfhfy GaIeRdaF Yea; A eut 2004 $4-.W 2006 $342 2006 $6:&5 b. Termination of Participation in the CaILPERS PEMHCA program — Impact to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. PMA Legislative Draft MOU v.10/06 0 POLICE MANAGEMENT ASSOCIATION In the event that the City terminates its participation in the PEMHCA program, the (Retiree fnMedical sSubsidy program in place per Resolution No. 2000-116, Exhibit B, to the MOU shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. Hl • • - -. WNW WNW P iyee by an to the total by the amount eqUal GGSt paid .IA ... .. Vic. Termination Clause The City and Associatl contract with CaIPERS Judicial Rulings, or employer's contribution, CaIPERS medical plan. )n may each request termination of the City's after the announcement of State Legislation, CalPERS Board Action that changes the insurance premiums, or program changes to the PMA Legislative Draft MOU v.10/06 Is POLICE MANAGEMENT ASSOCIATION The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. PMA Legislative Draft MOU v.10/06 POLICE MANAGEMENT ASSOCIATION 64. Medical/Vision Cash -Out a. If an employee is covered by a medical program outside of a City - provided program (evidence of which must be supplied to the Human Resources office), he/she may elect to discontinue City medical coverage and receive ninety --two dollars and thirty-one cents ($92.31) bi-weekly, to deposit into their Odeferred Ocompensation account or any other pre-tax program offered by the City, so long as the contribution is in accordance with applicable Internal Revenue Services (IRS) code or regulations. If the pre-tax contribution is not permitted by any applicable IRS code or regulation, an equivalent payment will be made payable as compensation on a bi-weekly basis and shall be taxable. b. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. if the pre taX GORtrlhl Linn is not permi#ed b, env appliGable- IRS Gede-eF Fegulatienan equivalent .,.,rr,en+� .�be taxable, payable ayg_ eas GOmp��sg+ion OR a hi_weekl y basis and shall +alxab" B. 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 unreimbursed medical expenses as determined by the Internal Revenue Code. C. Life Insurance The City will provide fifty thousand dollars ($50,0001 term life insurance and fib thousand dollars ($50,000) accidental death and dismemberment insurance without evidence of insurability other than evidence of working full time. An additional ten thousand dollars ($10,0001 of life insurance may be purchased, at the employee's cost, with evidence of insurability. D. ; T,,,,me Dre+en+inn Dlon City Contribution Towards Long -Term Disability (LTD) Insurance and Long -Term Care (LTC) Program I M—We - 10 PMA Legislative Draft MOU v.110/06 , POLICE MANAGEMENT ASSOCIATION WAN -0 Ali -- -- ■ - iee - le The City authorizes the Association to enroll in the Long -Term Disability (LTD) Insurance Program and the Long -Term Care (LTC) Program provided to the Huntington Beach Police Officers' Association (HBPOA). a. Effective August 1, 2006, the City shall pay the HBPOA on the Association's behalf the cost of LTD premiums not to exceed thirty-eight dollars ($38.00) per month per covered members of the PMA. b. Effective August 1, 2006, the City shall pay the HBPOA on the Association's behalf the cost of LTC premiums not to exceed twenty-five dollars ($25.00) per month per covered members of the PMA. c. The City and the Association agree that the City shall no longer provide LTD insurance coverage to Association members. Employee coverage under the City's sponsored program shall terminate at midnight on July 31, 2006. d. The City and the Association agree that HBPOA contracts with an authorized LTD and LTC provider and that the City is not responsible for paying the cost of premiums and any expenses incurred for administering both programs. e. The Citv and the Association aaree that the PMA coverage for LTD insurance and LTC is authorized under the same existing conditions under which the HBPOA is authorized by the City to provide such coverage to its members. The City and the Association agree that in the event the HBPOA does not meet its obligation and reporting requirements to the City for PMA members, the City's contribution amounts of thirty-eight dollars ($38.00) and/or twenty-five dollars ($25.00) may cease without retroactive payments. 11 PMA Legislative Draft MOU v.10/06 POLICE MANAGEMENT ASSOCIATION f. The Association agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance and LTC programs. E. VOIURtaw--Health Savings AGGOunt Plan Post Retirement Medical Savings Plan During the term of this MOU, the City and the Association agree to discuss funding and possible implementation of a post retirement medical savings plan. ARTICLE V -- BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed three QLworking days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. ARTICLE VI -- SPECIAL DAY AND ALLOWANCES Orn/ANCES ADDITIONAL MANAGEMENT BENEFITS A. Take Home Vehicle Use fWWW -- .. WON We 21 Gaptain6 and L iewte.,ant6 that.Employees must reside within thirty-five (35) miles of the City limits in order to be aFeassigned a take home City vehicle_ mi„yeside-within -+roles—of the Gity's 1i Such employees shall be 12 PMA Legislative Draft MOU v.10/06 POLICE MANAGEMENT ASSOCIATION allowed to use the assigned vehicle for personal use within the City limits and/or within ten (10) miles of the employee's residence. restive the firs,t UndeFstandhRn the Gitshall *RGr ase from 25 miles to 35 rni1e6 the dostaRGe allowed from the Gity limits to the home C. Meters • .. .... .... . W. . T. Awr .a is 13 PMA Legislative Draft MOU v.10/06 9 POLICE MANAGEMENT ASSOCIATION OB. Bilinqual Pay €C ._ 10 Qualified emplovees who meet the criteria shall receive five percent (5%) of their base monthly rate of pay for bilingual skills paid on a bi-weekly basis. Human Resources will have written and 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 respondina to the public on matters relatina to an incident or other police action. 1. The languages included will be Spanish, Vietnamese and American Sign Language. Additional languages may be approved at the discretion of the Chief of Police. 2. Authorization of qualified employees for bilingual compensation will be based on the followina: a) A need for the employee to use the language in the City to support the implementation of police operations_ b) At the discretion of the Chief of Police, the number of employees qualified in each category may be limited based on department needs. 3. Successful completion of tests authorized by the Chief of Police will be required to qualify for bilingual pay for any of the languages. Retesting may be done on an annual basis. Uniform Allowance 14 PMA Legislative Draft MOU v.10/06 1 WCE MANAGEMENT ASSOCIATE The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees represented by the 4c c nniation. Such allowance shall be twelve hundred dollars ($1,2001 per year; payable in January to those employees on active duty on January 1st. Effective January 1, 2008, the uniform allowance shall increase to one thousand two hundred and seventy-five dollars ($1,275) per year for all employees and shall be paid in December on a separate payroll check. 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, sepaFately from payFou ^heGks. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law; City resolution or ordinance, or by order of the Chief of Police. 2. The City shall report to the valif„rnia Publin ErnP;eyeesetiTernent Systern 4CaIPERS3 the uniform allowance paid as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). 15 PMA Legislative Draft MOU v.1 6/28/06 WICE MANAGEMENT ASSOCIATS #D. Meal Allowance 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 twenty-five (251-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. c. Meal expenses other than listed above may be considered for reimbursement (receipts required) by the Division Commander. d. Receipts are not required other than noted above. 2. Per Diem Schedule Forty-five dollars ($451 per twenty-four (24)_-hour period or pro -rated as follows; Breakfast — ten dollars ($101, Lunch = fifteen dollars ($151, Dinner twenty dollars ($201. 16 PMA Legislative Draft MOU v.1 6/28/06 FA LICE MANAGEMENT ASSOCIATON fE. Mileage Allowance The City shall reimburse mileage to employees for the use of personal automobiles at the amount allowed by the Fnest .o..e.,+ existing IRS a}lewaflee reimbursable rate. dF. Effective Date of Additional Management Benefits All speGiat additional management benefits -pay shall be effective the first full pay period following certification and verification as approved by the Pel+Ge Chief of Police or designee. It is agreed that any PERSable benefits shall be reported to PERS. ARTICLE VII -- DRUG CONTROLLED SUBSTANCE AND ALCOHOL TESTING Unit employees shall paFtiGipate in a dFUg1aIG0hGI testing pFegFam as pFeposed by t Chief Of POliGe. The City maintains the right to conduct a controlled substance and alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. 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 Accrual Effective December 23, 2000, employees will --ceased to accrue sSick lLeave and Wacation lLeave, and the Long -Term Disability insurance waiting period snag,„ —be as reduced from sixt 60Z to thirty 301 days. Instead, employees will began accruing gGeneral lLeave at the accrual rates outlined below. General lLeave may be used for any purpose, including vacation, sick leave and personal leave. Vacation time accrued through December 23, 2000 will be was added to the employee's gGeneral lLeave account effective December 24, 2000. General lLeave 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 17 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIAA Fifteenth Year and Thereafter 1 256 Hours 2. Eligibility and Approval 4 ,ed g en a aken aft iv (6) mont ' sen,iGe when - useda"'fib �-to,.��e�-s,�-�,�zk�s-�,�,a� asp and at anytime fQF GiGk lea n„rr,eses. General 41-eave accrued time is to -be- computed from the hiring date anniversary. Employees shall not be permitted to take gGeneral tLeave in excess .of actual time earned. .48Gti„mve-nveGe'liver-23, 2000, ptvIee5 hall noc nnnr„c eneFal leave new of sox h„ndFe (600\ ho„rc Eff �u�Q��,-�,-�����Kl ex��S ������,TeGtivGthe Understanrlinn Employees shall not accrue gGeneral tLeave in excess of six hundred and forty (640) hours. Employees may not use their gGeneral tLeave to advance their separation date on retirement or other separation from employment. General tLeave must be pre -approved except for illness, injury or family sickness, which may require a physician's statement for approval. E�eG ' payiGR of this General tLeave accumulated in excess of the six hundred and forty (640) hour cap shall be paid in cash at their ctr�ghn time hOUFly base monthly rate of pay fate on the first pay day following such accumulation. This pFevision shall e„ncet (diSGentin„e) at the expiration of this erstandinn „nlecboth the City and 3. Tee General Leave Pay at Termination An employee shall be paid for unused gGeneral tLeave upon termination of employment at which time such terminating employee shall receive compensation at his/her current 64aight time base monthly rate of pay fate for all unused, earned leave to which he/she is entitled up to and including the effective date of his/her termination. 4. Conversion to Cash An employee may elect to take up to one hundred and twenty (120) hours of pay per calendar year for accrued gGeneral tLeave in lieu of time off. It is the intent of the parties that employees will take vacation during the current year. C. Sick Leave Accrual No employee shall accrue sSick tLeave after December 22, 2000 18 PMA Legislative Draft MOU v.1 6/28/06 *LICE MANAGEMENT ASSOCIA1 W, 2. Credit Employeeshired prior to December 23, 2000 shall be credited with their sSick I•Leave accrued as of December 22, 2000. 1 3. Usage Employees may use accrued sSick tLeave for the same purposes for which it was used prior to December 23, 2000. .- .. C. Police Lieutenant Sick Leave (Probationary Period) Effective from the date of appointment to the rank of Police Lieutenant until the last day of the pay period in which the employee completes a one (1) calendar year probationary period, the employee shall be eligible to receive a maximum of sixty (60) calendar days paid sick leave per incident or illness. This leave does not accrue or accumulate beyond the one (1) year period. This probationary period Sick Leave may not be cashed out or used after the completion of the one 1) year probationary period. E. Leave Benefit Entitlements The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use earned Sick Leave, 19 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIA&I General Leave, and/or Gernpensa Exempt Compensatory Time for serious and non -serious family or personal health issues. F. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit D of this LJRdeFsfand+eg MOU. ARTICLE IX -- SICK LEAVE PAYOF-€ OUT A. Employees covered by this aAgreement and on the payroll on November 20, 1978 shall be entitled to the following sSick tLeave payef�cash out plan: At termination, employees shall be compensated at their then current stFa+ght finae-base monthly rate of pay fate for fifty percent (50%) of unused sSick tLeave, up to a maximum of 720 hours of unused, accumulated sSick tLeave. B. Employees hired after November 20, 1978 shall be entitled to the following sSick tLeave payeff cash out plan: Upon termination, all employees shall be paid; at their then current straight time. base monthly rate of pay fate, for twenty-five percent (25%) of unused, earned sSick tLeave to four hundred eighty hours (4801 hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty J4801 hours, but not to exceed seven hundred twenty (7201 hours. C. No employee shall be paid at termination for more than seven hundred twenty k7201 hours of unused, accumulated sick leave. ■ _ . . 'VMS" 20 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIA.4 ARTICLE X -- MISCELLANEOUS PROVISIONS (MOVED TO THE END OF THE MOU AS ARTICLE XIV) •.. ... rem L_Z.. ._ WN N MEMO ml 21 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIAMN e eel- qvr or ITr ISM ._ -_ ,. -_ 0 ClMR=. m--Z ,,. Ole P, -0 ffif !J11i �.-I ---------- 0 . : - - woc PTm mwz 22 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIA& 23 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIA& ifiElllT�wirN1A!7, Ill1111i�IlF�R11NM!�y���� ON IL IN .. TIM 24 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIA& ARTICLE X4 X -- HOLIDAYS A. City ReGGQn0zed Paid Holidays The City shall ese- . provide the following paid holidays in a calendar year: 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 (fourth 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 f9F Gapta;F,s and L ;e, te.,.,.,+ Compensation for holidays shall be provided as follows (see examples): 1. Employees shall be compensated for the date of the actual holiday when the holiday does not fall on the day recognized by the City. 25 PMA Legislative Draft MOU v.1 6/28/06 ALICE MANAGEMENT ASSOCIAMN 2. If the holiday designated above falls on an employee's regularly scheduled work -day, the employee will receive the day off and receive straight time pay for the R ember of hours in -their regularly scheduled workday. Example: Work Work Work Holiday = Work 30 hours & compensated for 40 10 10 10 10 3. If the holiday designated above falls on an employee's regularly scheduled day off, the employee will be compensated with eight (8) hours of Exempt Compensatory tTime or the employee may elect to receive eight (8) hours of straight time pay Example: Work Work Work Work 10 10 10 10 Holiday = Work 40 hours & compensated for 48 8 4. Employees who are required to work on a actual holiday designated above shall be compensated at the evert@ rate of time one and one --half (1 Y2) hours for each hour worked at -the straight time in the form of pay fate or GOmpensate4y Exempt Compensatory Jime in addition to B2 or B3 above Example if Holiday falls on scheduled day off: Work Work Work Work Work the Holiday = Work 40 hours & compensated for 63 10 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday) Example if Holiday falls on scheduled workday: Work Work Work Work the Holiday = Work 40 hours & compensated for 53 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday) 26 PMA Legislative Draft MOU v.1 6/28/06 ALICE MANAGEMENT ASSOCIAMN OC. All holiday pay shall be reported as special compensation when required in accordance with CalPERS law. ARTICLE X11 XI - WORK SCHEDULE/ OVERTIMEITIME OFFEXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE A. Work Schedule 1. 4-10 Plan Unless designated elsewhere, unit employees are entitled to work four (4) consecutive days per week, ten (10) hours each day, meal times to be included during the ten (10) -hour shift, with three consecutive days off. 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 fourteen 141 =day 7-(K) FLSA— workweek. a. Workday A workday for employees assigned to the 7-11.5 work schedule will consist of eleven 111 hours and twenty-five (251 minutes of work, meal times to be included in the shift. b. Work Period For those employees working eleven 111 hours and twenty-five (251 minutes a day, the "work period" will consist of twos consecutive weeks with three 31 consecutive shifts of eleven 111 hours and twenty-five (251 minutes in one week and four 41 consecutive shifts of eleven 111 hours and twenty-five (251 minutes in the second week. The total hours of these twos consecutive weeks shall be considered equaling eighty (80) hours. The twos -week cycle then repeats itself. 27 PMA Legislative Draft MOU v.1 6/28/06 *LICE MANAGEMENT ASSOCIA& G B. Pay Deductions, Exempt AdFnwRwotFa i e Compensatory Time and Executive Leave(Captains and I ieutenon+c1 Emr)lovees are considered 'exempt' as defined by the Fair Labor Standards Act (FLSA) as such, deductions from pay may be limited in certain circumstances. However, deductions from pay may be provided in 29.C.F.R. 541.602(b) including unpaid disciplinary suspensions of one or more full days imposed in good faith for violating workplace conduct rules. Such suspension shall be made pursuant to written policy applicable to all employees. An employee is eligible for Exempt Compensatory Time as follows: 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 one and one-half (1 Y2) hours for each hour worked in the form of straight time pay or Exempt Compensatory Time off i.e. non FLSA Exempt Compensatory Time. Such time shall e�sesshundred d faFty (1if0) hey Fs �„ha�- ���- of one h��ndran�� time shall not accrue in excess of one hundred sixty (160) hours. 2. o„liGe Gaptains and I ie„tenants Employees will be entitled to five 69— da or -fifty (50) hours adMinioFro+iye tune Executive Leave of per year. Unused .,dmonm6tFatoye time Executive Leave shall not carry over to the next year. 28 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIAMN 29 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIAM ARTICLE Xttt XII -- EDUCATIONAL PAY A. Professional Achievement Reward Program Employees that have completed the California Peace Officers' Standards and Training (POST) Supervisory Leadership Institute shall receive eighty dollars ($80.00) per month. B. Executive Development Incentive Program In lieu of pay for completing the POST Supervisory Leadership Institute, an employee who completes either the FBI National Academy or the POST Command College shall receive five percent (5%) of their base monthly rate of pay paid on a bi-weekly basis. In the event that one or both of the executive development programs becomes unavailable to the Assocation, or new program(s) becomes available, the City and the Association agree the Chief of Police will substitute/add an appropriate program(s). 30 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIAIQN =�mmm=m=m =�mmm=m=m It .- .. .,. -. - wo..bm _. .. 31 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIAON ARTICLE XXV XIII -- MANAGEMENT RIGHTS F.XGept as expressly abFidged 9F Fnedified hereiR, tT_he City and the Chief of Police retains all rights, powers and authority with roe„^n+ to the management and directiGn-of the performance of police services and the work -forces, except as modified by the Memoradum of Understanding. „orf^rmi„^ SUGh se „rn.,Wed +h,+ 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 City or the Chief of Police eFthe Gity the right to make unilateral changes in wages, hours and terms and conditions of employment. The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such Fights matters include, but are not limited to, consideration of the merits, necessity, level or organization of police services, i„G'udi„n establishing -staffing requirements, overtime extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, +nsluding reasonable work and safety rules and regulations. iR eFder to mai„tai„ the effinienGy and ^n^„^m„ desirable f^r the „eFf^rmaRGe of City seWiGee ARTICLE XIV - MISCELLANEOUS PROVISIONS (MOVED FROM ARTICLE X) A. Re -Opener If there is any change to the benefits provided to HBPOA that differ from those provided to PMA, either the City or Association may request to reopen discussions regarding a change to that specific benefit. GB. Personnel Rule Changes All Memorandum Of l RdeFStandi„9 MOU provisions that supercede the City's Personnel Rules shall automatically be incorporated into the City's Personnel Rules as applicable. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel Rules, the Personnel Rules as modified will apply to Association members. 13C. Employer -Employee Relations Resolution (EERR) 32 PMA Legislative Draft MOU v.1 6/28/06 LICE MANAGEMENT ASSOCIA& 1. The following amendments to the EERR shall apply: a) Modification of Section 7 — Decertification and Modification 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. ��. The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Manager, 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. iii 7-3 Human Resources Manager's Motion of Unit Modification — The Human Resources Manager may propose during the same period for filing a Petition for Decertification that an established unit be modified in accordance with the following procedure: iv. The Human Resources Manager shall give written notice of the proposed Unit Modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Manager'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 Manager 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; v. Following receipt of the Human Resources Manager'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 33 PMA Legislative Draft MOU v.1 6/28/06 *LICE MANAGEMENT ASSOCIA& response to the Motion for Unit Modification to the Personnel Commission; vi. 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; vii. Any party who chooses to appeal the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 2. During the term of this MeMOFandum of UndeFstanding MOU, the City and the Association agree to update the Employer -Employee Relations Resolution to reflect current State law. €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. 34 PMA Legislative Draft MOU v.1 6/28/06 IN LICE MANAGEMENT ASSOCIA101 GF. Deferred Compensation/Leave Cash -Out In accordance with IRS regulations, the value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation from employment, but only during the time that the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. Will 1100- ..-- - - - - fG. Collection of Payroll Over Payments In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee could have reasonably known about such over payment, the City will take action to collect from the employee the amount of over payment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of over payment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation over payments caused by or the result of misinterpretation of a pay provision by non -authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. JLH. Direct Deposit All employees are required to utilize direct deposit of payroll checks. 35 PMA Legislative Draft MOU v.1 6/28/06 IRLIIC�'E MANAGEMENT ASSOCIAIW # I. Administrative Appeal Procedure In compliance with Government Code 3304(b), the administrative appeal procedure for all pE ublic sSafety 90fficers is referenced in Exhibit C of this Memorandum of UndeFstanding MOU. J. Grievance Hearina Cost Sharin Grievance hearing costs shall be paid equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to pay any part of the grievance hearing costs. K. Change in Minimum Education Requirement All employees eligible to test for the positions of Police Captain or Police Lieutenant after July 1, 2007, shall possess a Bachelor's degree from an accredited educational institution. ARTICLE XV V -- TERM OF MEMORANDUM OF UNDERSTANDING (MOU) This MOU shall be in effect for a term commencing on danuaFy 1, 2004, July 1, 2006 and ending at midnight on June 30, 2010 Except as expressly provided herein, no further' improvements or changes in the salaries and monetary benefits of the employees FepFesented by the AsSoGiatinn 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 Rule changes. Any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. 36 PMA Legislative Draft MOU v.1 6/28/06 WICE MANAGEMENT ASSOCIA74 ARTICLE XVI -- 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 , 2005 2006. 1 HUNTINGTON BEACH CITY OF HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION By: By: Penelope Culbreth-Graft, Irwin Feuerstein, HBPMA Treasurer City Administrator By: By: Irma Vnussofioh gob Hall GFaiq jungiRgeF, Dave Bunetta, HBPMA Human Doses ernes Manager Deputy Citv Administrator Secretary By: By: Ren6e Mayne, Chief Negotiator APPROVED AS TO FORM: Jennifer McGrath, City Attorney Mid • 1-1�-06 William Stuart, HBPMA Vice -President By: Tom Donnelly, HBPMA President 13 _ 37 PMA Legislative Draft MOU v.1 6/28/06 IOPOLICE MANAGEMENT ASSOCIATION EXHIBIT A - SALARY SCHEDULE EFte6five january 1 !1�V f Step Job Code Classification Range A B C D E 0159 Police Sergeant 556 $6,049 $6,382 $6,733 $7,104 $7,494 0234 Police Lieutenant 604 $7,687 $8,110 $8,556 $9,026 $9,523 0233 1 Police Captain 636 $9,018 $9,514 1 $10,037 1 $10,588 1 $11,171 f 2005 (4 •pia-e innre.�ce) Step Job Code Classification Range A B C D E 0159 Police Sergeant 556 $34.90 $36.82 $38.85 $40.99 $43.24 0234 Police Lieutenant 604 $44.35 $46.79 $49.36 $52.08 $54.94 0233 1 Police Captain 636 1 $52.03 $54.89 $57.91 $61.09 $64.45 E#ei.+ive 11 aFrh 26, 2005 38 PMA Legislative Draft MOU v.1 6/28/06 *OLICE MANAGEMENT ASSOCIAON EXHIBIT A — SALARY SCHEDULE Effe6+iz '..e December- 34 7005 (4 wa— e) Step 0159 Police Sergeant 564 $6,295 $6,641 $7,007 $7,392 $7,800 0154 Sr Police Sergeant 574 $6,617 $6,981 $7,365 $7,772 $8,199 0234 Police Lieutenant 612 $7,997 $8,437 $8,902 $9,392 $9,909 0233 Police Captain 644 $9,384 $9,900 $10,444 1 $11,019 1 $11,625 Effer.tave ne6b31,2nn5, eH�eF ��o (4% wa- ie1 1� i•, �- �1� riri i ' 1 ti , 1 'A A •, ,, 39 PMA Legislative Draft MOU v.1 6/28/06 GOLICE MANAGEMENT ASSOCIATION EXHIBIT B - S€RVCI€ 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 (CalPERS). The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age sixty-five 65_651 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 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 40 PMA Legislative Draft MOU v.1 6/28/06 QPOLICE MANAGEMENT ASSOCIATi ION EXHIBIT B - S€ E SERVICE CREDIT SUBSIDY PLAN 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 one hundred twenty dollars ($120jl. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed the dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), continuous years of regular (permanent) service, shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: Maximum Service Credit Subsidy Retirements After: Service Credit Years of Service Subsidy 10 $1201 11 1356 12 1501 13 1656 14 1801 15 1956 16 2101 17 2256 18 2401 19 2556 20 2701 21 2856 22 2-N300 23 3145 24 32530 25 3434 41 PMA Legislative Draft MOU v.1 6/28/06 IqOLICE MANAGEMENT ASSOCIRON EXHIBIT B — S€RVCI€ SERVICE CREDIT SUBSIDY PLAN 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 IV.A.4.a. provides an example of expected reductions per retiree per month. 8. Medicare: a. All persons are eligible for Medicare coverage at age sixty-five 651. 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 sixty-five 651, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both sixty-five 651 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 sixty-five 651 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 sixty-five 651 is not eligible for paid Part A of Medicare and his/her spouse who is also age sixty-five 651 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 sixty- five 651. ii. At age sixty-five 651 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. 42 PMA Legislative Draft MOU v.1 6/28/06 StOLICE MANAGEMENT ASSOCIPON EXHIBIT C —ADMINISTRATIVE APPEAL PROCEDURE 1) Authority a. Personnel Rule 49 20 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 49 20 applies to all permanent City employees. b. Government Code Section 3304(b) allows that an appeal procedure be made available to all "pPublic sSafety eOfficers" (as defined at Government Code § 3301) for the following "punitive actions:" (i) official reprimands; (ii) punitive transfers that do not involve a loss of pay, and (iii) non -punitive transfers that does result in a loss of pay. Such actions will be collectively referred to as an "Action." Case law allows such an appeal procedure to be more limited than afforded under Rule 4-920. c. This administrative appeal procedure is intended to establish the Administrative Arbitration Panel to hear appeals from pPublic sSafety eOfficers. This administrative appeal procedure only applies to an "Action" as defined above in "b." It does not apply to a non -punitive transfer imposed on a pPublic sSafety eOfficer that does not result in a loss of pay. (Government Code §3304(b). 2) Administrative Arbitration Panel a. Appeals will be heard by a neutral fact finding group of three j2hG*City employees. b. Only active full-time employees of the City of Huntington Beach Police Department may serve on the Administrative Arbitration Panel. The Panel is comprised of ones employee selected by the RMA Association one employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first twos Panel members. If no agreement can be reached, the "strike -out" process will be used to select the third Panel member, with the P-MA Association and the Chief each submitting four names for consideration. A coin toss will determine the party 'striking first with the RMA Association reserving the right to call the coin or defer. c. The panel member selected by the Chief of Police, the P-MA Association, and the panel member selected by the Chief of Police and the PMA Association shall each select one alternate to the pPanel to serve in place of a pPanel member who has direct involvement in the punitive action or is a party to the issue. d. A Panel member will serve one _ayear. 43 PMA Legislative Draft MOU v.1 6/28/06 IqOLICE MANAGEMENT ASSOCIAMON EXHIBIT C —ADMINISTRATIVE APPEAL PROCEDURE e. If the Panel member selected to serve on an Administrative Arbitration Panel has direct involvement in the punitive action or is a party to the issue, hem/ -she will be replaced by the alternate. . 3) Appeal Notice a. An appealing GOfficer has five (5) calendar days from date of receipt of an "Action" to file a written appeal with the Peliee Chief of Police; otherwise, the "Action" shall stand as issued with no further rights to appeal. b. If an eOfficer chooses not to appeal an "Action, " they may submit a written rebuttal within thirty (30) days from date of receiving the "Action." The written rebuttal will be filed with the "Action" in the eOfficer's official personnel file. 4) Scheduling of Hearing Upon receipt of the written appeal notice, the Chief of Police is required to immediately request the Administrative Arbitration Panel to convene for a hearing. The Administrative Arbitration Panel is required to convene within thirty (30) days of receiving notice from the Pelise Chief of Police. 5) Hearing Procedure a. All hearings shall be closed to the public unless the disciplined eOfficer requests a public hearing. b. All hearings shall be tape-recorded and may be transcribed. c. The Administrative Arbitration Panel shall hear testimony from the appealing eOfficer and the Department (specifically, the eOfficer who investigated the conduct that led to the Written Reprimandwfitten re r+r ). Testimony shall not exceed one (1) hour from each side and an additional fifteen (15) minutes shall be given to each for rebuttal. The Department shall be heard first. d. If an appealing eOfficer wishes to submit a written argument in lieu of oral testimony, the eOfficer may do so provided that the opposing party is notified. The written testimony may not exceed one thousand five hundred (1,500) words. The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3) days in advance of the scheduled hearing. e. There is no right to sworn testimony, subpoenas, cross-examination or representation by third parties, including attorneys, at the hearing. 44 PMA Legislative Draft MOU v.1 6/28/06 9POLICE MANAGEMENT ASSOXION EXHIBIT C —ADMINISTRATIVE APPEAL, PROCEDURE f. In all "Actions" involving punitive discipline, the burden of proof shall be on the Department to show by a preponderance of the evidence that just cause exists for imposing discipline. In all non -punitive "Actions" (e.g., a non -punitive transfer that results in a loss of pay), the burden of proof shall be on the Department to show by a preponderance of the evidence that reasonable grounds exist for the transfer. 6) Rendering of Decision by the Administrative Arbitration Panel a. At the conclusion of the hearing, the Administrative Arbitration Panel shall deliberate in closed session. b. The decision of the Administrative Arbitration Panel is binding with no further rights to appeal. c. The decision of the Administrative Arbitration Panel must be issued in writing to the appealing sOfficer within seven (7) calendar days from the conclusion of the hearing. d. The member of the Administrative Arbitration Panel who was selected by the PMA Association and the Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties. e. The decision shall include the following: ➢ Sustained ("Action" stands) ➢ Not Sustained ("Action" does not stand) f. In the event an GOfficer's "Action" is Sustained, the eOfficer may, within five (5) calendar days from the date of the Administrative Arbitration Panel's decision, file a written rebuttal. The written rebuttal will be filed with the "Action" in the employee's official personnel file, along with the tape recording of the hearing. 45 PMA Legislative Draft MOU v.1 6/28/06 EXHIBIT D VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long- term disability, or medical retirement. Permanent eEmployees who accrue vVacation, gGeneral tLeave or spensatGryExempt Compensatory tTime may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave g Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vVacation, gGeneral, or sSick tLeave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued _ Exempt Compensatory Time, vVacation or gGeneral tLeave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue vVacation or gGeneral tLeave may donate such hours to eligible recipients. Exempt Compensatory tTime accrued may also be donated. An eligible recipient is an employee who: Accrues vVacation or gGeneral tLeave; Is not receiving disability benefits or Workers' Compensation payments; and Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's fegulaFsalary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. 46 PMA Legislative Draft MOU v.1 6/28/06 0 EXHIBIT D • VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Division (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Division on questions regarding staff participation in this program. 47 PMA Legislative Draft MOU v.1 6/28/06 0 EXHIBIT D 0 VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Leave Donation Program, I hereby request donated vvacation; gGeneral ILeave or GL—empeRsat Exempt Compensatory tTime MY SIGNATURE CERTIFIES THAT • A leave of absence in relation to a catastrophic illness or injury has been approved by my department; and am not receiving disability benefits or Workers' Compensation payments. Name (Please Print) ork Phone I Department: Job Title. ( Employee ID#- I� Requester Signature Date: Department Director Signature of Support: Date (edFninistrative ceFViGe6 DepaFt,,,ent Human Resource Division use only) End donation date End donation date will bridge to ❑ Long Term Disability ❑ Medical Retirement beginning ❑ Length of FMLA leave ending ❑ Return to work Human Resources Manager Risk MaRa ,eme„+ Signature I Date signed Please return to the Human Resources Division for processing. 48 PMA Legislative Draft MOU v.1 6/28/06 • EXHIBIT D is VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor. please complete Donor Name- (Please Print) ork Phone Donor Job Title j I Hours of Vacation, Comp or General leave I Wish to Donate. understand that this voluntary donation of leave credits. once processed. is irrevocable. I but if not needed, the donation will be returned to me I also understand that this donation will remain confidential. I wish to donate my accrued Wacation, sComp or gGeneral ILeave hours to the Leave Sharing uonor, please compieTe Donor Name: (Please Print) ork Phone M1 Donor Job Title, rs of Vacation, Comp or General leave I Wish to Donate. understand that this voluntary donation of leave hours, once processed, is irrevocable; but if not needed, the donation will be returned to me I also understand that this donation will remain confidential. I wish to donate my accrued Wacation, sComp or gGeneral ILeave hours to the Leave Donation ogram Tor ligible recipient employee's name - or Signature Please submit to payFsAPayroll in the Human Resources Division ME PMA Legislative Draft MOU v.1 6/28/06 9 • ._ATTACHMENT #4 RESOLUTION NO. 2 0 0 6 -4 3 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 JULY 1, 2006 TO JUNE 30, 2010 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 ("PMA"), 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 July 1, 2006, through June 30, 2010. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 7th day of July , 2006. Mayor REVIEWED AND APPROVE APPROVED AS TO FORM: ity Admi istrator ity ttorney 412g O INITI AND APPROVED: Deputy City Administrator -City Services 06-346/2824 __ EXHIBIT A -1 Q i�ac- MO u w. 77,1 �e- "-776 a� 6 - s43 Memorandum of Understanding Between Huntington Beach Police Management Association and City of Huntington Beach July 1, 2006 — June 30, 2010 RICE MANAGEMENT ASSOCIATIR MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PREAMBLE..............................................................................................................I ARTICLE I -- REPRESENTATIONAL UNIT..................................................................I ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT ....................................... I ARTICLE III -- SALARY SCHEDULES AND RETIREMENT........................................2 1. Wage Increase........................................................................................................ .....2 ARTICLE IV -- HEALTH AND OTHER INSURANCE BENEFITS ................................. 3 A. HEALTH................................................................................................................ 3 1. CalPERS Public Employees' Medical and Hospital Care Act(PEMHCA).................................3 a. PEMHCA Employer Contributions.................................................................................. 4 b. Maximum Employer Contributions Towards Flex Benefits...............................................4 2. Dental Insurance .......................................................................... 5 3. Retiree (Annuitant) Coverage......................................................... .........................5 a. City Contribution (Unequal Contribution Method) for Retirees .................. ..................... 5 b. Termination of Participation in the CalPERS PEMHCA program - Impact to Retirees .. ...6 c. Termination Clause.......................................................................... .........................6 4. MedicaVVision Cash-Out..................................................................................................6 B. SECTION 125 EMPLOYEE PLAN.............................................................................. 7 C. LIFE INSURANCE....................................................................................................7 D. CITY CONTRIBUTION TOWARDS LTD INSURANCE AND LTC PROGRAM ...................... 7 E. POST RETIREMENT MEDICAL SAVINGS PLAN........................................................... 8 ARTICLE V -- BEREAVEMENT LEAVE....................................................................... 8 ARTICLE VI -- ADDITIONAL MANAGEMENT BENEFITS ........................................... 8 A. TAKE HOME VEHICLE USE...................................................................................... 8 B. BILINGUAL PAY...................................................................................................... 8 C. UNIFORM ALLOWANCE........................................................................................... 9 D. MEAL ALLOWANCE................................................................................................ 9 1. Per Diem ..................................................... .......... .......... ....... ................9 2. Per Diem Schedule. . ............ ......... ....................... .... ..... ..........................10 E. Mileage Allowance............................................................................................10 F. EFFECTIVE DATE OF ADDITIONAL MANAGEMENT BENEFITS ..................................... 10 PMA MOU FINAL 2006-2010 i *ICE MANAGEMENT ASSOCIATIR MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE VII -- CONTROLLED SUBSTANCE AND ALCOHOL TESTING................10 ARTICLE VIII —LEAVE BENEFITS.............................................................................10 A. ANNIVERSARY DATE............................................................................................ 10 B. GENERAL LEAVE................................................................................................. 11 1. Accrual........................................................................................................................11 2 Eligibility and Approval.............................................................................. ....11 3. General Leave Pay at Termination....................................................................................11 4. Conversion to Cash...........................................................................................................11 C. SICK LEAVE........................................................................................................ 12 1. Accrual................................................................................................................................12 2. Credit.......................................................................................................................................12 3. Usage................................................................................................................. ... ......12 D. POLICE LIEUTENANT SICK LEAVE (PROBATIONARY PERIOD) ................................... 12 E. LEAVE BENEFIT ENTITLEMENTS............................................................................ 12 F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ...................................... 12 ARTICLE IX SICK LEAVE PAY OUT.........................................................................12 ARTICLE X -- HOLIDAYS...........................................................................................13 A. CITY PAID HOLIDAYS........................................................................................... 13 B. HOLIDAY COMPENSATION..................................................................................... 13 ARTICLE XI -- WORK SCHEDULE ! EXEMPT COMPENSATORY TIME AND EXECUTIVELEAVE...........................................................................15 A. WORK SCHEDULE............................................................................................... 15 1. 4-10 Plan .................... .................................................... ...... ........ ..........15 2. 7-11 5 Plan .................................. ...................................................................15 aWork Day ................................................................................................................15 b. Work Period............................................................. ......... ......... ................15 B. DEDUCTIONS FROM PAY, EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE.... 15 ARTICLE XII -- EDUCATIONAL PAY.........................................................................16 A. PROFESSIONAL ACHIEVEMENT REWARD PROGRAM ................................................ 16 B. EXECUTIVE DEVELOPMENT INCENTIVE PROGRAM ................................................... 16 PMA MOU FINAL 2006-2010 ii ALICE MANAGEMENT ASSOCIATA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE XIII -- MANAGEMENT RIGHTS..................................................................16 ARTICLE XIV -- MISCELLANEOUS PROVISIONS....................................................17 A. RE-OPENER........................................................................................................17 B. PERSONNEL RULE CHANGES................................................................................ 17 C. EMPLOYER -EMPLOYEE RELATIONS RESOLUTION (EERR)...................................... 17 1. Amendments to the EERR..............................................................................................17 a. Modification of Section 7 - Decertification and Modification...........................................17 D. WEAPONS VESTING............................................................................................. 18 E. ASSOCIATION BUSINESS...................................................................................... 19 F. DEFERRED COMPENSATION/LEAVE CASH -OUT ...................................................... 19 G. COLLECTION OF PAYROLL OVER PAYMENTS.......................................................... 19 H. DIRECT DEPOSIT................................................................................................. 19 I. ADMINISTRATION APPEAL PROCEDURE................................................................. 19 J. GRIEVANCE HEARING COST SHARING................................................................... 20 K. CHANGE IN MINIMUM EDUCATION REQUIREMENT................................................... 20 ARTICLE XV -- TERM OF MEMORANDUM OF UNDERSTANDING .........................20 ARTICLE XVI -- CITY COUNCIL APPROVAL............................................................21 EXHIBIT A - SALARY SCHEDULE............................................................................22 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN ...................................................... 24 EXHIBIT C - ADMINISTRATIVE APPEAL PROCEDURE..........................................27 EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ........ 30 EXHIBIT E - SELF -FUNDED SUPPLEMENTAL RETIREMENT BENEFIT................34 PMA MOU FINAL 2006-2010 iii 0 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 (PMA) 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 (MOU) is made, to become effective July 1, 2006 and end on June 30, 2010. 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 and Police Lieutenant 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 MOU shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Police Management Association. PMA MOU FINAL 2006-2010 ACE MANAGEMENT ASSOCIATIS ARTICLE III -- SALARY SCHEDULES AND RETIREMENT A. Employees shall be compensated at rates by classification title and salary range during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other Articles of this MOU.- 1. Wage Increases a. Effective the first full pay period that includes July 1, 2006, Police Lieutenants shall receive a six percent (6%) wage increase and Police Captains shall receive a four percent (4%) wage increase. b. Effective the first full pay period that includes July 1, 2007, all Association employees shall receive a four percent (4%) wage increase. c. Effective the first full pay period that includes July 1, 2008, all Association employees shall receive a five percent (5%) wage increase. d. Effective the first full pay period that includes July 1, 2009, Police Lieutenants shall receive a three and one -quarter percent (3'/4%) wage increase and Police Captains shall receive a two and one-half percent (2'h%) wage increase. e. Effective the first full pay period that includes January 1, 2010, Police Lieutenants shall receive a three and three-quarters percent (3 %%) wage increase and Police Captains shall receive a three percent (3%) wage increase. B. Each employee covered by this Agreement shall be reimbursed an amount equal to nine percent (9%) of the employee's part of his/her California Public Employees' Retirement System (CaIPERS) contribution unless otherwise modified in this MOU. The above CaIPERS pickup is not salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. The City and the Association agree that employees hired after July 6, 1998 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, attached hereto and incorporated herein as Exhibit E). D. When the City adopted the 2000-2003 Huntington Beach Police Management Association Memorandum of Understanding, the City amended its contract with CaIPERS and implemented the "3% at age 50" retirement formula set forth in the California Government Code for all safety employees represented by the PMA MOU FINAL 2006-2010 &ICE MANAGEMENT ASSOCIAA Association. If at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions for employees, the amount of employer —paid member contributions to which each employee is reimbursed pursuant to Article 111.13 shall be reduced by a percentage equal to one-half (1/2) of the percentage of compensation earnable the City is required to pay in retirement contributions to CalPERS, not to exceed two and one -quarter percent (2.25%). For example, if the City is required to contribute an amount equal to two percent (2%) of each employee's "compensation earnable," the amount of the reimbursement set forth in Article 111.13 shall be reduced from nine percent (9%) of the employee's compensation earnable to eight percent (8%) of the employee's compensation earnable. If, on the other hand, the City is required to make employer contributions to CalPERS equal to eight percent (8%), of each - employee's compensation earnable, the amount of the employer -paid member contributions reimbursement set forth in Article 111.13 shall be reduced to six and three-quarter percent (6.75%) of the employee's compensation earnable. E. The City provides the CalPERS Level IV 1959 Survivor's Benefit. F. The City's CalPERS contract has been amended to provide employees the Pre - Retirement Optional Settlement 2 Death Benefit. ARTICLE IV -- HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all employees and qualified dependents. The effective date for medical, dental and vision coverage is the first of the month following date of hire. Effective the first of the month following the employee's date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates, unless otherwise precluded by the CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA). All employee contributions shall be deducted on a pre-tax basis. CalPERS PEMHCA The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums. A retiree's right to receive a City contribution, and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. PMA MOU FINAL 2006-2010 ICE MANAGEMENT ASSOCIATIS a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee the mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. b. Maximum Employer Contributions Towards Flex Benefits For the term of this Agreement, the City's maximum monthly employer contributions for each employee's medical and vision insurance premiums are set forth as follows: i. Effective January 1, 2007, the City contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan plus the Vision Service Plan (VSP) vision premiums for each of the following categories: a. Employee only ("EE") b. Employee + one dependent ("EE +1 ") c. Employee + two or more dependents ("EE +2") The maximum City contribution shall be based on the employee's enrollment in each plan. The parties agree that the required PEMHCA contribution is included in this sum stated in the sub -section above. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. ii. Effective January 1, 2008, the City contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's contribution for 2007. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. iii. Effective January 1, 2009, the City contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's contribution for 2008. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. iv. Effective January 1, 2010, the City contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's contribution for 2009. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. 4 PMA MOU FINAL 2006-2010 ALICE MANAGEMENT ASSOCIATIA v. In the event the Orange County Blue Shield HMO Plan is no longer a PEMHCA option, the City's contribution shall increase by ten percent (10%) each year through the term of the Agreement, provided that the City's contribution shall not exceed the amount of an employee's actual premium. 2. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is two thousand dollars ($2,000). a. Effective January 1, 2007, the maximum City contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ") or employee plus two or more dependents ("EE+2"). b. Effective January 1, 2008, the City contribution shall increase in an amount not to exceed five percent (5%) of the City's contribution for 2007. Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. c. Effective January 1, 2009, the City contribution shall increase in an amount not to exceed five percent (5%) of the City's contribution for 2008. Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. d. Effective January 1, 2010, the City contribution shall increase in an amount not to exceed five percent (5%) of the City's contribution for 2009. Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. 3. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting year for the unequal contribution method is 2004 at $1.00 per month. The City's contribution for each annuitant shall be increased 5 PMA MOU FINAL 2006-2010 ICE MANAGEMENT ASSOCIATO annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amounts to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. b. Termination of Participation in the CalPERS PEMHCA program — Impact to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the Retiree Medical Subsidy program in place per Resolution No. 2000-116, Exhibit B, to the MOU shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. c. Termination Clause The City and Association may each request termination of the City's contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer's contribution, insurance premiums, or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 4. MedicalNision Cash -Out a. If an employee is covered by a medical program outside of a City - provided program (evidence of which must be supplied to the Human Resources office), he/she 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, so long as the contribution is in accordance with applicable Internal Revenue Service (IRS) code or regulations. If the pre-tax contribution is not permitted by any applicable IRS code or regulation, an equivalent payment will be made payable as compensation on a bi-weekly basis and shall be taxable. 6 PMA MOU FINAL 2006-2010 *lCt MANAGEMENT ASSOCIATI9A b. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. B. 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 unreimbursed medical expenses as determined by the Internal Revenue Code. C. Life Insurance The City will provide fifty thousand dollars ($50,000) term life insurance and fifty thousand dollars ($50,000) accidental death and dismemberment insurance without evidence of insurability other than evidence of working full time. An additional ten thousand dollars ($10,000) of life insurance may be purchased, at the employee's cost, with evidence of insurability. D. City Contribution Towards Long -Term Disability (LTD) Insurance and Long -Term Care (LTC) Program The City authorizes the Association to enroll in the Long -Term Disability (LTD) Insurance Program and the Long -Term Care (LTC) Program provided to the Huntington Beach Police Officers' Association (HBPOA). a. Effective August 1, 2006, the City shall pay the HBPOA on the Association's behalf the cost of LTD premiums not to exceed thirty-eight dollars ($38.00) per month per covered members of the PMA. b. Effective August 1, 2006, the City shall pay the HBPOA on the Association's behalf the cost of LTC premiums not to exceed twenty-five dollars ($25.00) per month per covered members of the PMA. c. The City and the Association agree that the City shall no longer provide LTD insurance coverage to Association members. Employee coverage under the City's sponsored program shall terminate at midnight on July 31, 2006. d. The City and the Association agree that HBPOA contracts with an authorized LTD and LTC provider and that the City is not responsible for paying the cost of premiums and any expenses incurred for administering both programs. e. The City and the Association agree that the PMA coverage for LTD insurance and LTC is authorized under the same existing conditions under which the HBPOA is authorized by the City to provide such coverage to its members. The City and the Association agree that in the event the HBPOA does not meet its obligation and reporting requirements to the City for PMA members, the PMA MOU FINAL 2006-2010 IWICE MANAGEMENT ASSOCIATE City's contribution amounts of thirty-eight dollars ($38.00) and/or twenty-five dollars ($25.00) may cease without retroactive payments. f. The Association agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance and LTC programs. E. Post Retirement Medical Savings Plan During the term of this MOU, the City and the Association agree to discuss funding and possible implementation of a post retirement medical savings plan. ARTICLE V -- BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed three (3) working days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. ARTICLE VI -- ADDITIONAL MANAGEMENT BENEFITS A. Take Home Vehicle Use 1. Employees must reside within thirty-five (35) miles of the City limits in order to be assigned a take home City vehicle. 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. Bilingual Pay Qualified employees who meet the criteria shall receive five percent (5%) of their base monthly rate of pay for bilingual skills paid on a bi-weekly basis. Human Resources will have written and 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 American Sign Language. Additional languages may be approved at the discretion of the Chief of Police. 8 PMA MOU FINAL 2006-2010 ICE MANAGEMENT ASSOCIATION 2. Authorization of qualified employees for bilingual compensation will be based on the following: a) A need for the employee to use the language in the City to support the implementation of police operations. b) At the discretion of the Chief of Police, the number of employees qualified in each category may be limited based on department needs. 3. Successful completion of tests authorized by the Chief of Police will be required to qualify for bilingual pay for any of the languages. Retesting may be done on an annual basis. C. Uniform Allowance 1. The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees. Such allowance shall be twelve hundred dollars ($1,200) per year; payable in January to those employees on active duty on January 1st. Effective January 1, 2008, the uniform allowance shall increase to one thousand two hundred and seventy-five dollars ($1,275) per year for all employees and shall be paid in December on a separate payroll check. 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. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law; City resolution or ordinance, or by order of the Chief of Police. 2. The City shall report to the CalPERS the uniform allowance paid as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). D. 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 twenty- five (25) mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal hours or require lodging. 9 PMA MOU FINAL 2006-2010 ICE MANAGEMENT ASSOCIATIQ 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 above may be considered for reimbursement (receipts required) by the Division Commander. d. Receipts are not required other than noted above. 2. Per Diem Schedule Forty-five dollars ($45) per twenty-four (24) hour period or pro -rated as follows; Breakfast — ten dollars ($10), Lunch — fifteen dollars ($15), Dinner twenty dollars ($20). E. Mileage Allowance The City shall reimburse employees for the use of personal automobiles at the existing IRS reimbursable rate. F. Effective Date of Additional Management Benefits All additional management benefits shall be effective the first full pay period following certification and verification as approved by the Chief of Police or designee. It is agreed that any PERSable benefits shall be reported to CalPERS. ARTICLE VII — CONTROLLED SUBSTANCE AND ALCOHOL TESTING The City maintains the right to conduct a controlled substance and alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. ARTICLE Vlll — 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. 10 PMA MOU FINAL 2006-2010 OWICE MANAGEMENT ASSOCIATO B. General Leave Accrual Effective December 23, 2000, employees ceased to accrue Sick Leave and Vacation Leave, and the Long -Term Disability insurance waiting period was reduced from sixty (60) to thirty (30) days. Instead, employees began 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 was 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 General Leave accrued time is - computed from the hiring date anniversary. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees shall not accrue General Leave in excess of six hundred and forty (640) hours. 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. General Leave accumulated in excess of the six hundred and forty (640) hour cap shall be paid in cash at the base monthly rate of pay on the first pay day following such accumulation. 3. General Leave Pay at Termination An employee shall be paid for unused General employment at which time such terminatin g 4. Conversion to Cash An employee may elect to take up to one hundred and twenty (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. PMA MOU FINAL 2006-2010 ACE MANAGEMENT ASSOCIATI11 C. Sick Leave 1. Accrual No employee shall accrue Sick Leave after December 22, 2000. 2. Credit Employees hired prior to December 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, 2000. D. Police Lieutenant Sick Leave (Probationary Period) Effective from the date of appointment to the rank of Police Lieutenant until the last day of the pay period in which the employee completes a one (1) calendar year probationary period, the employee shall be eligible to receive a maximum of sixty (60) calendar days paid sick leave per incident or illness. This leave does not accrue or accumulate beyond the one (1) year period. This probationary period Sick Leave may not be cashed out or used after completion of the one (1) year probationary period. E. Leave Benefit Entitlements The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use earned Sick Leave, General Leave, and/or Exempt Compensatory Time for serious and non -serious family or personal health issues. F. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit D of this MOU. ARTICLE IX -- SICK LEAVE PAY OUT A. Employees covered by this Agreement and on the payroll on November 20, 1978 shall be entitled to the following Sick Leave cash out plan: At termination, employees shall be compensated at their then current base monthly rate of pay for fifty percent (50%) of unused Sick Leave, up to a 12 PMA MOU FINAL 2006-2010 &ICE MANAGEMENT ASSOCIAT& maximum of seven hundred twenty (720) hours of unused, accumulated Sick Leave. B. Employees hired after November 20, 1978 shall be entitled to the following Sick Leave cash out plan: Upon termination, all employees shall be paid at their then current base monthly rate of pay, for twenty-five percent (25%) of unused, earned Sick Leave to four hundred eighty hours (480) hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720) hours. C. No employee shall be paid at termination for more than seven hundred twenty (720) hours of unused, accumulated sick leave. ARTICLE X --HOLIDAYS A. City Paid Holidays The City shall provide the following paid holidays in a calendar year: 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 (fourth 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 holidays shall be provided as follows (see examples): 13 PMA MOU FINAL 2006-2010 FOICE MANAGEMENT ASSOCIATIO 1. Employees shall be compensated for the date of the actual holiday when the holiday does not fall on the day recognized by the City. 2. If the holiday designated above falls on an employee's regularly scheduled workday, the employee will receive the day off and receive pay for their regularly scheduled workday. Example: Work Work Work Holiday = Work 30 hours & compensated for 40 10 10 10 10 3. If the holiday designated above falls on an employee's regularly scheduled day off, the employee will be compensated with eight (8) hours of Exempt Compensatory Time or the employee may elect to receive eight (8) hours of pay. Example: Work Work Work Work Holiday = Work 40 hours & compensated for 48 10 10 10 10 8 4. Employees who are required to work on a actual holiday designated above shall be compensated at the rate of one and one-half (1 '/2) hours for each hour worked in the form of pay or Exempt Compensatory Time in addition to B2 or B3 above. Example if Holiday falls on scheduled day off: Work Work Work Work Work the Holiday = Work 40 hours & compensated for 63 10 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday) Example if Holiday falls on scheduled workday: Work Work Work Work the Holiday = Work 40 hours & compensated for 53 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday) C. All holiday pay shall be reported as special compensation when required in accordance with CaIPERS law. 14 PMA MOU FINAL 2006-2010 ACE MANAGEMENT ASSOCIATIS ARTICLE XI - WORK SCHEDULE/ EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE A. Work Schedule 1. 4-10 Plan Unless designated elsewhere, unit employees are entitled to work four (4) consecutive days per week, ten (10) hours each day, meal times to be included during the ten (10) hour shift, with three (3) consecutive days off. 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 fourteen (14) day workweek. a. Workdav A workday for employees assigned to the 7-11.5 work schedule will consist of eleven (11) hours and twenty-five (25) minutes of work, meal times to be included in the shift. b. Work Period For those employees working eleven (11) hours and twenty-five (25) minutes a day, the "work period" will consist of two (2) consecutive weeks with three (3) consecutive shifts of eleven (11) hours and twenty-five (25) minutes in one (1) week and four (4) consecutive shifts of eleven (11) hours and twenty-five (25) minutes in the second week. The total hours of these two (2) consecutive weeks shall be considered equaling eighty (80) hours. The two (2) week cycle then repeats itself. B. Deductions from Pay, Exempt Compensatory Time and Executive Leave Employees are considered 'exempt' as defined by the Fair Labor Standards Act (FLSA) as such, deductions from pay may be limited in certain circumstances. However, deductions from pay may be provided in 29.C.F.R. 541.602(b) including unpaid disciplinary suspensions of one or more full days imposed in good faith for violating workplace conduct rules. Such suspension shall be made pursuant to written policy applicable to all employees. An employee is eligible for Exempt Compensatory Time as follows: 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 one and one-half (1 '/2) hours for each hour worked in the ,form of pay or Exempt Compensatory Time (i.e. non 15 PMA MOU FINAL 2006-2010 ACE MANAGEMENT ASSOCIATI11 FLSA Exempt Compensatory Time). Such time shall not accrue in excess of one hundred sixty (160) hours. 2. Employees will be entitled to fifty (50) hours of Executive Leave per year. Unused Executive Leave shall not carry over to the next year. ARTICLE XII -- EDUCATIONAL PAY A. Professional Achievement Reward Program Employees that have completed the California Peace Officers' Standards and Training (POST) Supervisory Leadership Institute shall receive eighty dollars ($80.00) per month. B. Executive Development Incentive Program In lieu of pay for completing the POST Supervisory Leadership Institute, an employee who completes either the FBI National Academy or the POST Command College shall receive five percent (5%) of their base monthly rate of pay paid on a bi-weekly basis. In the event that one or both of the executive development programs becomes unavailable to the Association, or new program(s) becomes available, the City and the Association agree the Chief of Police will substitute/add an appropriate program(s). ARTICLE XIII -- MANAGEMENT RIGHTS The City and the Chief of Police retain all rights, powers and authority to manage and direct the performance of police services and the workforce, except as modified by the Memorandum of Understanding. Nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the City or the Chief of Police the right to make unilateral changes in wages, hours and terms and conditions of employment. The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of police services, staffing requirements, extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. 16 PMA MOU FINAL 2006-2010 DICE MANAGEMENT ASSOCIAT&I ARTICLE XIV - MISCELLANEOUS PROVISIONS A. Re -Opener If there is any change to the benefits provided to HBPOA 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. Personnel Rule Changes All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated into the City's Personnel Rules as applicable. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel Rules, the Personnel Rules as modified will apply to Association members. C. Employer -Employee Relations Resolution (EERR) 1. The following amendments to the EERR shall apply: a) Modification of Section 7 — Decertification and Modification i. 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/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. ii. The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Manager, 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. iii. 7-3 Human Resources Manager's Motion of Unit Modification — The Human Resources Manager may propose during the same period for filing a Petition for Decertification that an established unit be modified in accordance with the following procedure: 17 PMA MOU FINAL 2006-2010 ICE MANAGEMENT ASSOCIATA iv. The Human Resources Manager shall give written notice of the proposed Unit Modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Manager'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 Manager 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; v. Following receipt of the Human Resources Manager'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; vi. 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; vii. Any party who chooses to appeal the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 2. During the term of this MOU, the City and the Association agree to update the Employer -Employee Relations Resolution to reflect current State law. 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. 18 PMA MOU FINAL 2006-2010 IWICE MANAGEMENT ASSOCIATA 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/Leave Cash -Out In accordance with IRS regulations, the value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation from employment, but only during the time that the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. G. Collection of Payroll Over Payments In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee could have reasonably known about such over payment, the City will take action to collect from the employee the amount of over payment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of over payment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation over payments caused by or the result of misinterpretation of a pay provision by non -authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. H. Direct Deposit All employees are required to utilize direct deposit of payroll checks. I. Administrative Appeal Procedure In compliance with Government Code 3304(b), the Administrative Appeal Procedure for all Public Safety Officers is referenced in Exhibit C of this MOU. nZ PMA MOU FINAL 2006-2010 PRICE MANAGEMENT ASSOCIATIV J. Grievance Hearing Cost Sharing Grievance hearing costs shall be paid equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to pay any part of the grievance hearing costs. K. Change in Minimum Education Requirement All employees eligible to test for the positions of Police Captain or Police Lieutenant after July 1, 2007, shall possess a Bachelor's degree from an accredited educational institution. ARTICLE XV -- TERM OF MEMORANDUM OF UNDERSTANDING (MOU) This MOU shall be in effect for a term commencing on July 1, 2006 and ending at midnight on June 30, 2010. Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits of the employees 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 Rule changes. Any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. 20 PMA MOU FINAL 2006-2010 RICE MANAGEMENT ASSOCIATIR ARTICLE XVI -- 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 12�day of , 2006. am la in CITY OF HUNTINGTON BEACH M-11 �X' ffiWdl�� - ....­Culbreth-G raft, City �*inistrator Deputy City Administrator COUNTERPART Renee Mayne Chief Negotiator HUNTINGTON BEACH POLICE MANA NT ASSOCIATION By: 7A Tom Donnelly PMA sident By: Wiliam Stu In APPROVED AS TO FORM: ByjJJ ^ nifer McGr th '�jh 0 y Attorney "'�V - �' t 0- 0 L PMA Vice -President IfWin Feuerstein PMA Treasurer 9 PMA MOU FINAL 2006-2010 Jul 06 06 04:20p G I Tf OF HB 0 714 960 8804 p.2 POLICE MANAGEMENT ASSOCIATION ARTICLE XVI -- 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 , 2006. CITY OF HUNTINGTON BEACH Penelope Culbreth-Graft, City Administrator e HUNTINGTOiN BEACH POLICE MANAGEMENT ASSOCIATION By: Tom Donnelly PMA President By: Bob Hall Deputy City Administrator i By: —e— / By: Renee Mayne Chief Negotiator By: APPROVED AS TO FORM: Jennifer McGrath City Attorney 22 William Stuart PMA Vice -President Dave Bunetta PMA Secretary Irwin Feuerstein PMA Treasurer COUNTERPART 21 PMA MOU FINAL 2006-2010 4POLICE MANAGEMENT ASSOCIAWON EXHIBIT A -- SALARY SCHEDULE EFFECTIVE JULY 1, 2006 (Pay Period Beginning July 1, 2006) Salary increases 6% for Lieutenants and 4% for Captains � r fi � ��F �_YR'} r� � J" )'tom' ���;'� �,,i����,a•L'�,�,��'s 0234 Police Lieutenant 624 $8,493.33 $8,961.33 $9,453.60 $9,973.60 $10,521 33 $49.00 $51.70 $54.54 $57.54 $60.70 0233 Police Captain 652 $9,767.33 $10,304.67 $10,871 47 $11,469.47 $12,100.40 $56.35 $59.45 $62.72 $66.17 $69.81 EFFECTIVE JULY 1, 2007 (Pay Period Beginning June 30, 2007) Salary increases 4% for Lieutenants and Captains � �ME- .z- Vw iA 0234 Police Lieutenant 632 $8,840.00 $9,325.33 $9,838.40 $10,379.20 $10,949 47 $5100 $53.80 $56.76 $59.88 $63.17 0233 Police Captain 660 $10,164.27 $10,724.13 $11,313.47 $11,935.73 $12,592.67 $58.64 $61.87 $65.27 $68.86 $72.65 EFFECTIVE JULY 1, 2008 (Pay Period Beginning June 28, 2008) Salary increases 5% for Lieutenants and Captains Police Lieutenant 642 $9,292.40 0234 $9,803 73 $10,342.80 $10,911.33 $11,511.07 $53.61 $56.56 $59 67 $62 95 $66.41 0233- Police Captain 670 $10,686.00 $11,273.60 $11,894 13 $12,547.60 $13,237 47 $61.65 $65.04 $68.62 $72.39 $76.37 22 PMA MOU FINAL 2006-2010 4POLICE MANAGEMENT ASSOCIAIPON EXHIBIT A - SALARY SCHEDULE EFFECTIVE JULY 1, 2009 (Pay Period Beginning June 26, 2009) Salary increases 3.25% for Lieutenants and 2.50% for Captains 15-3 - • • - - • ' • • ' • i • • • • i i i Kim� Ee Police Captain• • • i • i • • i EFFECTIVE JANUARY 1, 2010 (Pay Period Beginning December 26, 2009) Salary increases 3.75% for Lieutenants and 3% for Captains mwffi 0234 Police Lieutenant 656 $9,963 20 $10,510.93 $11,089.87 $11,700.00 $12,343.07 $57.48 $60 64 $63.98 $67.50 $71.21 0233 Police Captain 681 $11,287.47 $11,908.00 $12,563.20 $13,254 80 $13,984.53 $65.12 $68 70 $72 48 $76.47 $80.68 23 PMA MOU FINAL 2006-2010 10LICE MANAGEMENT ASSOCIAPON 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 (CalPERS). The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age sixty-five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 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. 24 PMA MOU FINAL 2006-2010 OOLICE MANAGEMENT ASSOCIAWN EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN 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 one hundred twenty dollars ($120). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed the dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), continuous years of regular (permanent) service, shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows. - Maximum Service Credit Subsidy Retirements After: Service Credit Years of Service Subsidy 10 $121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 The Service Credit Subsidy will be reduced every January 1" by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article IV.A.4.a. provides an example of expected reductions per retiree per month. 25 PMA MOU FINAL 2006-2010 POLICE LICE MANAGEMENT ASSOCIA1ON EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN 8. Medicare: a. All persons are eligible for Medicare coverage at age sixty-five (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 sixty-five (65), but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both sixty-five (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 sixty-five (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 sixty-five (65) is not eligible for paid Part A of Medicare and his/her spouse who is also age sixty-five (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 sixty- five (65). At age sixty-five (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. 26 PMA MOU FINAL 2006-2010 OOLICE MANAGEMENT ASSOCAON EXHIBIT C -ADMINISTRATIVE APPEAL PROCEDURE 1) Authority a. Personnel Rule 20 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 20 applies to all permanent City employees. b. Government Code Section 3304(b) allows that an appeal procedure be made available to all "Public Safety Officers" (as defined at Government Code § 3301) for the following "punitive actions:" (i) official reprimands; (ii) punitive transfers that do not involve a loss of pay, and (iii) non -punitive transfers that does result in a loss of pay. Such actions will be collectively referred to as an "Action." Case law allows such an appeal procedure to be more limited than afforded under Rule 20. c. This administrative appeal procedure is intended to establish the Administrative Arbitration Panel to hear appeals from Public Safety Officers. This administrative appeal procedure only applies to an "Action" as defined above in "b." It does not apply to a non -punitive transfer imposed on a Public Safety Officer that does not result in a loss of pay. (Government Code §3304(b). 2) Administrative Arbitration Panel a. Appeals will be heard by a neutral fact finding group of three (3) City employees. b. Only active full-time employees of the City of Huntington Beach Police Department may serve on the Administrative Arbitration Panel. The Panel is comprised of one (1) employee selected by the Association one (1) employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two (2) Panel members. If no agreement can be reached, the "strike -out' process will be used to select the third Panel member, with the Association and the Chief each submitting four (4) names for consideration. A coin toss will determine the party striking first with the Association reserving the right to call the coin or defer. c. The panel member selected by the Chief of Police, the Association and the panel member selected by the Chief of Police and the Association shall each select one (1) alternate to the Panel to serve in place of a Panel member who has direct involvement in the punitive action or is a party to the issue. d. A Panel member will serve one (1) year. 27 PMA MOU FINAL 2006-2010 IOLICE MANAGEMENT ASSOCIA41ON EXHIBIT C -ADMINISTRATIVE APPEAL PROCEDURE e. If the Panel member selected to serve on an Administrative Arbitration Panel has direct involvement in the punitive action or is a party to the issue, he/she will be replaced by the alternate. 3) Appeal Notice a. An appealing Officer has five (5) calendar days from date of receipt of an "Action" to file a written appeal with the Chief of Police; otherwise, the "Action" shall stand as issued with no further rights to appeal. b. If an Officer chooses not to appeal an "Action, " they may submit a written rebuttal within thirty (30) days from date of receiving the "Action." The written rebuttal will be filed with the "Action" in the Officer's official personnel file. 4) Scheduling of Hearing Upon receipt of the written appeal notice, the Chief of Police is required to immediately request the Administrative Arbitration Panel to convene for a hearing. The Administrative Arbitration Panel is required to convene within thirty (30) days of receiving notice from the Chief of Police. 5) Hearing Procedure a. All hearings shall be closed to the public unless the disciplined Officer requests a public hearing. b. All hearings shall be tape-recorded and may be transcribed. c. The Administrative Arbitration Panel shall hear testimony from the appealing Officer and the Department (specifically, the Officer who investigated the conduct that led to the Written Reprimand). Testimony shall not exceed one (1) hour from each side and an additional fifteen (15) minutes shall be given to each for rebuttal. The Department shall be heard first. d. If an appealing Officer wishes to submit a,written argument in lieu of oral testimony, the Officer may do so provided that the opposing party is notified. The written testimony may not exceed one thousand five hundred (1,500) words. The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3) days in advance of the scheduled hearing. e. There is no right to sworn testimony, subpoenas, cross-examination or representation by third parties, including attorneys, at the hearing. f. In all "Actions" involving punitive discipline, the burden of proof shall be on the Department to show by a preponderance of the evidence that 28 PMA MOU FINAL 2006-2010 kLICE MANAGEMENT ASSOCIARON EXHIBIT C —ADMINISTRATIVE APPEAL PROCEDURE just cause exists for imposing discipline. In all non -punitive "Actions" (e.g., a non -punitive transfer that results in a loss of pay), the burden of proof shall be on the Department to show by a preponderance of the evidence that reasonable grounds exist for the transfer. 6) Rendering of Decision by the Administrative Arbitration Panel a. At the conclusion of the hearing, the Administrative Arbitration Panel shall deliberate in closed session. b. The decision of the Administrative Arbitration Panel is binding with no further rights to appeal. c. The decision of the Administrative Arbitration Panel must be issued in writing to the appealing Officer within seven (7) calendar days from the conclusion of the hearing. d. The member of the Administrative Arbitration Panel who was selected by the Association and the Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties. e. The decision shall include the following: ➢ Sustained ("Action" stands) ➢ Not Sustained ("Action" does not stand) f. In the event an Officer's "Action" is Sustained, the Officer may, within five (5) calendar days from the date of the Administrative Arbitration Panel's decision, file a written rebuttal. The written rebuttal will be filed with the "Action" in the employee's official personnel file, along with the tape recording of the hearing. 29 PMA MOU FINAL 2006-2010 IqOLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Guidelines Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long- term disability, or medical retirement. Employees who accrue Vacation, General Leave or Exempt Compensatory Time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of Vacation, General, or Sick Leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued Exempt Compensatory Time, Vacation or General Leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue Vacation or General Leave may donate such hours to eligible recipients. Exempt Compensatory Time accrued may also be donated. An eligible recipient is an employee who: Accrues Vacation or General Leave; Is not receiving disability benefits or Workers' Compensation payments; and Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. 30 PMA MOU FINAL 2006-2010 IOLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Division (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Division on questions regarding staff participation in this program. 31 PMA MOU FINAL 2006-2010 9OLICE MANAGEMENT ASSOCIAIPON EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated Vacation, General Leave or Exempt Compensatory Time. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and I am not receiving disability benefits or Workers' Compensation payments. me: (Please Print or Type: Last, First, MI) lWo rk Phone: Department: ob Title: mployee ID#: Requester Signature: Date: rtment Director Signature of Support: Please return this form to the Human Resources Office for processing. 32 PMA MOU FINAL 2006-2010 41OLICE MANAGEMENT ASSOCIA1ON EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) ork Phone: Donor Job Title: Type of Accrued Leave: Number of Hours I wish to Donate: ❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Exempt Compensatory Time ❑ General Leave Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued Vacation, Exempt Compensatory Time or General Leave hours to the Leave Donation Program for: 'jEligible recipient employee's name (Last, First, Ml): (Donor Signature: Date: Please submit to Payroll in the Human Resources Division. 33 PMA MOU FINAL 2006-2010 1 19OLICE MANAGEMENT ASSOCIARON ` EXHIBIT E — SELF -FUNDED SUPPLEMENTAL RETIREMENT BENEFIT (Page 15 that contains Article XI.A.2 from the Memorandum of Understanding between the City and the Huntington Beach Police Officers' Association ratified on June 13, 1998) A. Benefits: 1. CHP Retirement Plan - The CITY will provide, for all safety personnel represented by the ASSOCIATION whose retirement is effective or whose death occurs after July 1, 1978, Public Employees' Retirement System retirement benefits computed by utilizing the two percent at age fifty (50) formula commonly referred to as the California Highway Patrol (CHP) Retirement Plan. 2. Self -Funded Supplemental Retirement Benefit - In the event a PERS member elects Option #2 (Section 21333) of the Public Employee's Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the City's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the CITY. All unit employees hired after the adoption of this MOU shall not be eligible for this benefit. (Note: The options provide that the allowance is payable to the member until his/her death, and then either the entire allowance, Option 2, or one-half of the allowance, Option 3) is paid to the beneficiary for life.) 3. PERS Rollover - Each employee, eligible for service retirement, may have his/her PERS pickup and vacation accrual reported as compensation for all or any part of the twelve (12) month period prior to his/her service retirement date upon written request to the Director of Finance. Such modified reporting shall be limited to a maximum period of twenty-four (24) months preceding retirement. Requests for retroactivity, if permitted by PERS, will be decided on an individual basis and shall require the approval of the Human Resources Officer. No unit employee shall be allowed to apply for or continue this benefit (PERS pick-up and vacation accrual) beyond January 31, 1994. 4. Medical Insurance for Retirees: a. Upon retirement (whether service or disability) each employee shall have the following options in regards to medical insurance under CITY sponsored plans: 1) With no change in benefits, retirees can stay in the City's Employee Health Plan or an HMO Plan offered by the CITY at the retiree's own expense for the maximum time period required by Federal Law (COBRA), or 34 PMA MOU FINAL 2006-2010 0 • STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) Res. No. 2006-43 I, JOAN L. FLYNN 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 17th day of July, 2006 by the following vote: AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None I ffAL-0-0 ) i J_ L "25"� City Jerk and ex-officio Cork of the City Council of the City of Huntington Beach, California i RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATION SUBJECT: APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION COUNCIL MEETING DATE: July 17, 2006 :....;. RCA.�ATTAC M ENTS STAT US y Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) El Notached t Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ �a EXP A`NATION FORWISSI!'�G.ATTACHMENTS ,. REVIEWED_, RETURNED FOR' ' ED. Administrative Staff ( ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) -]EXPLANATION FOR • (Below Space For City Clerk's Use Only) RCA Author* Irma Youssefieh