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
•
• - -.
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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.
■
_
. .
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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)
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21
PMA Legislative Draft MOU v.1 6/28/06
LICE MANAGEMENT ASSOCIAMN
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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&
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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
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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.
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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.
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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.
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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.
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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
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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
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&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):
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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.
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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
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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.
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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:
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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.
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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.
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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.
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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
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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
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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
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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
-
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Kim�
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Police Captain•
• •
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EFFECTIVE JANUARY 1, 2010 (Pay Period Beginning December 26, 2009)
Salary increases 3.75% for Lieutenants and 3% for Captains
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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