HomeMy WebLinkAboutHBPOA - Huntington Beach Police Officers Association - 1981-10-10It
RESOLUTION NO. 5047
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING A MEMORANDUM OF UNDERSTANDING
WITH THE HUNTINGTON BEACH POLICE OFFICERS
ASSOCIATION
The ('ity Council of the City of Huntington Beach hereby resolves as follows:
The Memorandum of Understanding between the City of Huntington Beach and
the Huntington Beach Police Officers Association, dated October 1.0, 1981, a copy of
which is attached hereto and by reference made a part hereof, is hereby adopted and
ordered implemented. in accordance with the terms and conditions thereof, and the
City Administrator is authorized to execute this Agreement. .
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
a journed
at a regular meeting thereof on the 26th day of October, 1981.
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
�f -PoliceL
Mayor
APPROVED AS TO FORM:
City Attorney
City Administrator
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MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(hereinafter called CITY)
and
THE HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION
(hereinafter called ASSOCIATION)
PREAMBLE
WHEREAS the designated representatives of the City of Huntington Beach and
the Huntington Beach Police Officers association have met and conferred in good
faith with respect to. salaries, benefits and. other terms and conditions of
employment for the employees represented by the Association;
NOW THEREFORE, this Memorandum of Understanding is made, to become
effective October 10, 1981 and it is agreed as.follows:
ARTICLE I
REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Police Officers Association is the
employee organization whch has the right to meet and confer in good faith with the
City on behalf of employees of the Huntington Beach Police Department within the
classification titles as outlined in Exhibit A attached hereto and incorporated herein.
ARTICLE II.
EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing terms and conditions of employment which
have been established in prior Agreements between City and the Association.
ARTICLE III
SALARY SCHEDULES AND PERS PICKUP
A. Effective October 10, 1981, employees shall be compensated at monthly
salary rates by classification title and salary range during the, term of this
Agreement as set out in Exhibit A attached hereto and incorporated herein.
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B. Effective October 10, 1981, each employee covered by this Agreement
shall be reimbursed an amount equal to 76/o of the employee's base plus education
incentive pay as pickup of employee's part of their PERS contribution. The above
PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the
Internal Revenue Code.
ARTICLE IV
SALARY DIFFERENTIALS
A. Employees assigned to duty as helicopter flight personnel shall receive
$370.00 per month. in addition to their applicable salary.
B. Non -sworn members other than Communication Operators required to
work on a regularly assigned shift that occurs between the hours of 4 P.M. and
midnight, or midnight and 8 A.M., shall be paid a premium of five percent (5%) of
the employee's base hourly rate for all work performed during said shift.
Employees will be considered as assigned to the afternoon shift (4 P.M. to
midnight) or the night shift (midnight to 8 A.M.) when five (5) or more hours of their
regularly assigned shifts occur in the afternoon or night shift as defined herein.
C. The Senior Officer Program is applicable to all Officers as outlined in
Exhibit "B".
ARTICLE V
OVERTIME AND STAND BY PAY
A. Except for the classification of Police Captain, employees shall receive
time and one half their salary rate for all time worked in excess of forty hours
during any given payroll week; an employee may elect to receive compensatory time
off (to be accrued to a maximum of 120 hours) in lieu of such _overtime. pay. Stand
by hours, court appearance hours, scheduled vacation and scheduled ' compensatory
time off shall be considered as hours worked for time and one-half overtime
calculation purposes. Only sick leave hours shall be excluded from hours worked for
purposes of determining hours worked to be eligible for time and one-half overtime:
B. . Stand ,By Time: Employees required to be on stand by for a court
appearance during other than their scheduled working hours shall receive a minimum
of two hours. pay (including the differentials identified in Article IV) and credit
under paragraph A above for each morning and afternoon court session.
C. Court Appearance Time: Employees required to appear in court during
other than their scheduled working hours shall receive a minimum of three hours pay
(including the. differentials identified in Article TV) at time and one half; however, if
such time overlaps with the employee's scheduled working hours, said premium rate
shall be limited to those hours occurring prior to or after the employee's scheduled
work time.
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ARTICLE VI
INSURANCE
A. The City shall continue to provide group medical benefits to all employees
in the unit comparable to those presently in effect for sworn personnel, as modified
in Exhibit "C".
B. Upon the completion of one year of service, employees shall have their
group medical benefits for dependent medical coverage paid by the City.
C. Sworn personnel who have been placed on industrial disability retirement
subsequent to January 31, 1974, shall be eligible to continue to participate in the
existing group medical insurance plan at their own cost. Participation shall cease
upon the earliest of the following: (1) the expiration of three calendar years following
the date of the industrial disability retirement, or (2) the retirees obtaining eligibility
for coverage under a comparable medical plan, or (3) eligibility to participate in any
City sponsored retiree medical plan at retiree's own cost. Retirees who cease to
participate may exercise any conversion privileges then in existence:
D. Employees shall continue to be covered by dental plan benefits equal to
those currently being provided by the City as modified in Exhibit "C".
E. City will provide $10,000.00 of term life insurance without evidence of
insurability other than evidence of working a full time duty an additional $10,000.00
requiring evidence of insurability, all at the employee's own cost.
ARTICLE VII
INCOME PROTECTION PLAN
The existing long term .disability program provided by the City shall remain in
effect for all personnel. This program provides, for each incident; pay up to sixty
calendar days at the employee's salary rate (excluding overtime but including any
special pay In effect at the time of illness or injury). After the sixty calendar day
period, the employee will be covered by an insurance plan paid for by the City which
will provide 66-2/3 percent of the employee's salary rate (excluding overtime and any
special pay) up to a maximum of $1,500.00 a month in accordance with the following:
First 60 days
Next 24 months
Disability Due
to Accident
Regular Pay
66-230% of base pay
up to maximum benefit
of $1,500 monthly
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Disability Due
to illness
Regular Pay
66-2/3% of base pay
up to maximum
benefit of $1,500
monthly
to age 65 66-2/3% up to maximum None
benefit of $1,500
monthly
Days and months refer to calendar days and months. Benefits under the Plan
are integrated with Workmen's Compensation, Social Security and other non -private
program benefits to which the employee may be entitled. Disability is defined as
the inability to perform all of the duties of regular occupation during two years and
thereafter the inability to engage in any employment or occupation for which he is
fitted by reason of education, training or experience.
Rehabilitation benefits are provided in the event the individual, due to
disability, must engage in other occupation. Plan will provide 66-2/3% of difference
between regular pay and pay of other occupation.
Survivors benefit continues plan payment for three months beyond death.
ARTICLE VIII
RETIREMENT
The City will provide, for all sworn personnel represented by the Association
whose retirement is effective or whose death occurs after. July 1, 1978, Public
Employees Retirement System retirement benefits computed by utilizing the two
percent at age fifty formula commonly referred to as the California Highway Patrol
Retirement Plan.
ARTICLE IX
POLICE EDUCATION INCENTIVE PLAN
The Education Incentive Plan shall be continued for sworn personnel as follows:
Education Maximum Years of Cont. Education
Incentive Post College Training HBPD College Units Req.
Level Cert. Units Units Points Service Annually Amount
I.
Inter
30
20+
10
1
6
83.31
II
Inter
60
40+
20
1
3
125.03
III
Adv,
90
60+
30
2
3
166.67
IV
Adv
120
3
3
250.00
V
Adv
150
120+
30
3
0
250.00
Stipulations
1. College major shall be Police Science, Criminology, Political Science,
Sociology, Law, Business Administration, . Public Administration, Psychology or
closely similar field.as approved by Chief of Police and Education Committee.
2. Initial eligibility must be approved by Chief of Police. An acceptable
yearly performance evaluation, signed by Chief of Police, is required. No incentive
taken away without just cause.
3. Training points approved by POST may be substituted for college units, on
the following schedule: 10 of 30, 20 of 60; 30 of 90.
4. Pay to be effective first month following approval.
5. After 120 units of B.A. POST approved training points may be substituted
for college units without limit.
6. Repeat college courses credited as determined by the college.
7. Repeat POST approved seminars, institutes, etc. credited as determined by
the Chief of Police.
8. All college units require grade of "C" or better to qualify.
9. Obtaining transcripts or other acceptable documentation is employee
responsibility.
10. Employee may choose between POST training points or college units where
a choice is available. No change allowed once choice is made, no double credit
allowed.
ARTICLE X
VACATIONS
Anniversary Date: For the purpose of computing vacation, an 'employee's
anniversary date. shall be the most recent date on which he commenced full-time,
City employment.
Annual Vacation: The purpose of annual vacation is to provide a rest period
which will enable each employee to return to work physically and mentally
refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the
following: _
(a) Employees who have not completed six (6) months continuous service with
the City.
(b) Employees who work less than full-time.
(c) Employees on leave of absence.
Vacation Allowance: Permanent employees in City service, having an average
work week of forty (40) hoursi shall accrue annual vacations with pay in accordance
with the following:
(a) For the first four (4) years of continuous service vacation time will be
accrued at the rate of 112 hours per year.
(b) . After four (4) years of continuous service vacation time will be accrued at
the rate of 136 hours per year.
(c) After nine (9) years of continuous service to the completion of fourteen
years of continuous service vacation time will be accrued at the rate of 160 hours per
year.
Z
(d) After fourteen (14) years of continuous service vacation time will be
accrued at the rate of 192 hours per year.
No vacation may be taken until the completion of six (6) months of service.
Permanent, part-time employees assigned a work schedule of less than 2,080 and
more than 1,040 hours per year shall receive vacation in one-half the amounts set
forth above.
Vacation - When Taken: No employee shall be permitted to take a vacation in
excess of actual time earned and vacation shall not be accrued in excess of 320
hours. Vacations shall be taken only with permission of the department head;
however, the department head shall schedule all vacations with due 1 consideration for
the wish of the employee and particular regard for the need of the department.
Terminal Vacation Pay: No employee shall, be paid for unused vacation other
than upon termination of employment at which time such terminating employee shall
receive compensation at his current salary rate for all unused, earned vacation to
which he is entitled up to and including the effective date of his termination.
Receipt of Vacation Pay: Upon two week written notification to the Finance
Director, each employee shall be entitled to receive his earned vacation pay, less
deductions, in advance, prior to his regular scheduled annual . vacation. Such
advancements are limited to one during each employee's anniversary year..
Pay in Lieu of Vacation: An employee may elect to take up to 80 hours of pay
for accrued vacation in lieu of.time off. It is the intent of the parties that employees
will take vacation during the current year.
ARTICLE XI.
SICK LEAVE
A. All, sworn personnel and non sworn Personnel represented by the
Association shall have a maximum. of 60 calendar days sick leave per incident or
illness. This leave shall not accumulate beyond the one year maximum and there
shall be no pay off rights to unused leave upon termination of the employee from the
City.
B. All non -sworn personnel whose. classifications were added to the 'police
unit, shall have existing sick leave frozen as of June 30, 1976, at the rate in effect as
of that date. Any payoff of such accumulated sick leave shall be in accordance with
the provisions of Personnel Rule 14-8 as of June 30, 1976.
If during the term of this Agreement the Chief of Police determiries that an
abuse of sick leave exists by employees in the Communication Operator
classification, the short term sick leave plan formerly in effect for said employees
under plan Memorandum of Understanding (Resolution 4925, Article XI, C) shall be
reinstituted upon written direction of the Chief of Police.
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C
ARTICLE XII
FAMILY ILLNESS LEAVE
Sick leave may be used for an absence due to illness of the employee's spouse or
child when the employee's presence is required at home, provided that such absences
shall he limited to five days per calendar year.
ARTICLE XIII
BEREAVEMENT LEAVE
Employees shall be entitled to bereavement leave not to exceed three working
days per calendar year in instance of death in the immediate family. Immediate
family is defined as father, mother, sister, brother, spouse or children of the
employee.
ARTICLE XIV
TEN -PLAN
The work schedule agreed to by the City and the Association during negotiations
has been fully implemented and shall remain in effect during the life of this
Agreement unless changes are agreed to by the Association and the City.
ARTICLE XV
UNIFORMS
Effective October 1, 1980, the City shall continue the uniformi. allowance in lieu
of the City providing uniforms for employees represented by the Association. Such
allowance shall be $500 per year payable quarterly to those employees on active duty
during that quarter separately from payroll checks. It is the mutual intent of the
parties that this allowance shall be utilized solely for the purpose of replacing,
repairing and maintaining uniforms and clothing worn in the line of duty. The City
will continue to make initial issuance of required uniforms and replace uniforms and
equipment damaged in the line of duty including safety equipment required by state
law, City resolution or ordinance or order of the Chief, batons, speed reloaders, Swat
uniforms and equipment and canine uniforms and. equipment.
ARTICLE XVI
NURSE EMPLOYEES CERTIFICATION
The City shall allow licensed nurse employees time off with pay to attend
required courses necessary to maintain certification requirements.
ARTICLE XVII
FOREIGN LANGUAGE STUDY
A joint study will be conducted as to a foreign language proficiency program.
Said study will be based upon prevailing practice in other jurisdictions in Orange
County. Agreed upon recommendations will be submitted to the City Administrator
for implementation within 90 calendar days after adoption of this Agreement by the
City Council.
The study will determine the following:
A) Those languages to be included in the program.
B) Method of determining proficiency.
C) Number of eligible employees.
D) Said study and salary differential will be based on prevailing practice in
Orange County.
ARTICLE XVIII
HOLIDAYS
Employees., represented by the Association and actively employed by the City, in
addition to regular compensation, shall receive each month 1/12 of the total holiday
hours (72) earned for the year. They shall be entitled to an additional eight hours of
pay at their regular rate for special holidays observed by the City beyond those
identified in the Personnel Rules of the City.
ARTICLE XIX
ASSOCIATION BUSINESS
An allowance of 750 manhours per year shall be established for the purpose of
allowing authorized representatives of the Association to represent .members of the
Association in their employment relations. Such allowance may be utilized only by
those persons authorized by the Board of Directors of the Association and such
utilization shall be. subject to rules established by the Chief of Police and the
Association in writing.
ARTICLE XX
MEAL ALLOWANCE
The policy for meal allowance shall be as outlined in Exhibit "D".
ARTICLE XXI
MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the Chief of Police retains all
rights, powers and authority with respect to the management and direction of the
performance of police services and the work forces performing such services,
provided that nothing herein shall change the City's obligation to meet and confer as
to the effects of any such management decision upon wages, hours and terms and
conditions of employment or be construed as granting the Chief of Police or the City
9
the right to make unilateral changes in wages, hours, and terms and conditions of
employment. Such rights include, but are not limited to, consideration of the merits,
necessity, level or organization of police services, including establishing manning
requirements, overtime assignments, number and location of work stations, nature of
work to be performed, contracting for any work or operation, reasonable employee
performance standards, including reasonable work and safety rules and regulations in
order to maintain the efficiency and economy desirable for the performance of City
services.
ARTICLE XXII
TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect for a term commencing on
October 10,1981, and ending at midnight on October 9,1983 except . as expressly
provided herein, no further improvements or changes in the salaries and monetary
benefits of the employees represented by the Association shall take effect during the
term of this Agreement and the Association expressly waives any right to request any
improvements or changes in salaries or monetary benefits for the employees
represented by the Association which would take effect prior to, October 9,1983, and
the City of Huntington Beach, through its representatives, shall not be required to
meet and confer as to any such request. It is understood that the parties are
continuing to meet and confer regarding non -monetary matters such as Personnel
Rules, .the department rules and manual, and any matters agreed upon resulting from
such meeting and conferring will be the subject of a separate addendum to this
Agreement.
"I '' f Y
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ARTICLE XXIII
CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by
Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this 26th day of October, 1981.
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE
By t'1�-Zv, /0 �f1Jyi;r'-�
City Administrator
By ,
hief of Police
APPROVED;4j
t �
J. Nicholas Counter III
Labor Relations Counsel
APPROVED AS TO FORM:
" Gail Hutton
City Attorney
OFFICERS ASSOCIATION
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Exhiuit A
CITY OF HUNTINGTON BEACH
POLICE UFF10ERS ASSOCIATION
SALARY SCHEDULE
Effective October 10, 1981
Job No.
Title
Range
A
8
C
D
E
4334
Police Recruit
230
1477
4332
Police Officer
304
1723
1818
1919
2025
2135
4333
Police Off Senior
316
1825
1926
2031
2142
2260
4338
Pol Off Chf Pilot
328
1941
2049
2161
2281
2406
4336
Police Off Mot Cy
321
1874
D 76
2085
2200
2321
4330
Identification Tech
326
1922
2028
11 s)
7
2382
4335
Police Off Mot Sr
328
1941
2049
2161
2281
2406
3360
Police Sergeant
338
2040
2153
2271
2395
2527
3363
Police Sgt Mot Cy
354
2212
2333
2461
2597
2739
1360
Police Lieutenant
371
2404
2536
2675
2822
2978
0330
Police Captain
399
2765
2917
3078
3248
3427
3324
Genrl Sery Offic
323
1893
1997
2100
2222
2345
6370
Communication Oper.273
1477'
155.8
1643
1733
1829
6371
Comm. Oper. Sr.
290
1605
1693
1776
1887
1990
4325
Detention Officer
271
1463
1543
1628
1718
1811
4324
Denten Off Nurse
260
1525
1609
.1697
1791
1889
4326
Detention Off Sr.
288
1591
1678
1770
1867
1969
4329
Supvy Det Officer
316
1825
1926
2031
2142
226-0
12610/00028 (1)
.N � ,�ro:..r�i.:•.-�«, -».�a�^337;tiN!�mi�.'+dLaams.�a...�:so�.s .. - a�. .,, . •
Exhibit A
CITY OF HUNTINGTON BEACH
POLICE OFFICERS ASSOCIATION
SALARY SCHEDULE
Effective October 9, 1982
Job No.
Title
Range
A
8
C
D
E
4334
Police Recruit
248
1612
4332
Police Officer
321
1874
1976
2085
2200
2321
4333
Police Off Senior
333
1992
2101
2217
2338
2467
4338
Pot Off Chf Pilot
346
2122
2238
2361
2491
2628
4336
Police Off Mot Cy
339
2051
2163
2283
2408
2539
4330
Identification Tech
344
2099
2215
2337
2465
2600
4335
Police Off Mot Sr
346
2122
2238
2361
2491
2628
3360
Police Sergeant
355
2222
2345
2473
2609
2753
3363
Police Sgt Mot Cy
372
2416
2550
2690
283)
2993
1360
Police Lieutenant
388
2617
2761
2914
3073
3243
0330
Police Captain
417
3025
3191
3366
3552
3747
3324
Genrl Sery Offic
341
2070
2184
2304
2430.
2564
6370
Communication Oper.*
283
1546
1631
1721
1817.
1917
6371
Ccrnm. Oper. Sr.
299
1683
1775
1872
1974
2083
4325
Detention Officer
289
1598
1687
1778
1875
1979
4324
Denten Off Nurse
297
1664
1756
1853
1955.
2063,
4326
Detention Off Sr.
305
1732
1827
1927.
2033
2146
4329
Supvy Det Officer
333
1992
2101
2217
2338
2467
* Communications Operator - A determination to.be made by survey in comparable
jurisdictions and classifications to determine if this classification shall receive
any increase beyond what is proposed above, effective October 9; 1982.
1261D/0002B(2)
EXHIBIT "B"
CITY OF HUNTINGTON BEACH
SENIOR OFFICER PROGRAM
Senior Police Officer ,is to be an official classification carrying a salary range of 6
percent above that of top step Police Officer, including Police Officers assigned to
motorcycle duty. The criteria for achieving the Senior Police Officer classification is as
follows:
A. Five years continuous service with the Huntington Beach Police Department and,
B. Three years continuous service at E Step Police Officer and,
C. Possession of Advanced Post Certificate and,
D. Step 4 or 5 in Educational Incentive Program and,
E. Satisfactory, performance evaluations as Police Officer.
The number of Senior Officers shall be maintained at 35 percent of the total number
of Police Officers within the Police Department. Once having met the qualifications for
Senior Officer, selections will be made solely on the basis of seniority within the
Huntington Beach Police Department.
`- 6
11
EXHIBIT "C"
CITY OF HUNTINGTON BEACH
MEDICAL PLAN FOR POLICE OFFICERS ASSOCIATION
EFFECTIVE: NOVEMBER 1, 1981
1. Relative value schedule improvement (RVS)
Present 1964 RVS at $8 per unit increased
to 1974 RVS at $65 per unit
($65 on 1974 RVS = $9.70 on 1964 RVS)
2. Increase lifetime maximum to $1,000,000.
3. Mental and nervous benefits
A. Modify in-house coverage from
100 percent to 50 percent, delete
out -patient coverage of $10 per
visit, and add California Psychological
Health Plan.
4. Delete preventative dental benefit from FHP
program, as equal or better coverage is
available through various dental plans.
5. Increase dental benefits to 75% of
Usual and.Customary fees. Also increase
Orthodontic coverage to a maximum of
$1,500 = City pick up added premium of $1.50
per person per month.
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Effective November 1, 1981
Effective November 1, 1981
Effective November 1, 1981
Effective January i, 1982
Effective as soon as insurance
company notified of associations
agreement.
EXHIBIT "D"
CITY OF HUNTINGTON BEACH
POLICE DEPARTMENT
1. MEALS
When personnel incur meal expenses, under the following circumstances,
they may be reimbursed according to the following schedule:
I. $25.00 per 24 hour period or pro -rated as follows:
a. Breakfast
$ 5.00
b. Lunch
6.00
C. Dinner
14.00
ll. REIMBURSEMENT
Reimbursement may be allowed when:
A. Personnel are on work assignments, attending seminars, meetings or
training sessions which extend beyond their normal work hours or
require lodging. Meetings which include a meal may be reimbursed at
the actual cost of the meeting or meal, whichever is greater.
B. Personnel are unexpectedly delayed or assigned at a location away
from the City when the time extends beyond their normal meal
per i ad.
C. When on assignment in excess of a 25 mile radius beyond their normal
work station.
D. Expenses other than those listed in A, B, or C (above) may be
considered for reimbursement at the discretion of the Division
Commander.
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F No. 5047
STA`rE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk_of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 26th day
of October , 19 81 by the following vote:
AYES: Councilmen:
MacAllister, Pattinson, Finley, Bailey, Mandic, Kelly
NOES: Councilmen:
Thomas
ABSENt: Councilmen:
City Clerk and.ex-officio Clerk
of the City Council of the city
of Huntington Beach, California