HomeMy WebLinkAboutHBPOA - Huntington Beach Police Officers Association - 1986-01-21REQUEE.. FOR CITY COUNCI` -ACTION ,-co6sPE19A
Febru C,01
Date ITY
- - �? 11.9.
Submitted to: Honorable Mayor and City Council Members
Submitted by: Charles W. Thompson, City Administrat xTYi QILBR
Prepared by: Robert Franz, Deputy City Administ C
Subject: AMENDMENT TO AGREEMENT WIT OLICE ASS CIATION
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception s A —
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue:
To modify the current agreement with the Police Officer's Association (POA) to allow pay
received in lieu of vacation to be reported as salary to the Public Employee's Retirement
System (PERS).
Recommendation:
It is recommended that the City Council adopt the attached Resolution approving this
amendment to the current agreement with the POA.
Analysis:
The current agreement with the POA allows employees to receive up to 80 hours (2 weeks)
per year in pay instead of scheduling the hours off in vacation. Such payments in lieu of
vacation can not be reported to PERS as salary unless our local labor relation agreement.
has specific language allowing such reporting. Employees in their final year of
employment prior to retirement would benefit from reporting such payments as salary
since retirement payments are based on total salary during the final year of employment.
This amendment represents an insignificant cost to the city while providing a measurable
benefit to the employee who is retiring. The POA and the city agreed to the amendment
after a number of meetings to clear up several internal POA. - Police Department
management issues. With those issues now resolved, this amendment is being jointly
recommended by the city and the POA. The current POA agreement will expire October
1, 1987, and this amendment will benefit at least employees retiring prior to that date.
Funding Source: Current year budgeted appropriations.
Alternatives:
Do not approve the amendment and incorporate in 1987-88 meet and confer discussions.
Attachments:
1. Resolution
2. Amendment to current Agreement
CWT/RF:paj
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RESOLUTION NO. 5759
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
ADDENDUM NO. 1 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH POLICE OFFICERS.
ASSOCIATION AND THE CITY OF HUNTINGTON BEACH
WHEREAS, the parties to that certain Memorandum of Understand-
ing between the Police Officers Association and the city wish to
amend such Memorandum of Understanding,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does resolve as follows:
Addendum No. 1 to the Memorandum of Understanding between the
City of Huntington Beach and the Huntington Beach Police Officers
Association, effective January 21, 1986, a copy of which is
attached hereto and by reference made a part hereof, is hereby
approved and ordered implemented in accordance with the terms and
conditions thereof, and the City Administrator is authorized to
execute such Addendum.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 2nd
day of March 1987,
ATTEST:
City Clerk
AP , Dr. AS rTO/,,CONTENT:
I �
Chief o dministrative
Services
Chief of Police
W-4-Z'fl
' APPROVED AS TO FORM:
City Attorney
APPRO
City Administrat r
ADDENDUM #1
TO
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(hereinafter called CITY)
and
THE HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION
RECITALS
WHEREAS, by Resolution No. 5611, adopted January 21, 1986, the
City Council of the City of Huntington Beach approved a Memorandum
of Understanding with the Police Officers Association; and
In accordance with the CITY's Employer/Employee Relations
Resolution No. 3335, the Police Officers Association respresenta-
tives and the CITY's designated representatives have met and
conferred in good faith with respect to the subject of P.E.R.S.
pay reporting .for vacation pay in lieu of time off, and reached an
understanding thereto,
NOW, THEREFORE, this addendum to the Memorandum of Under-
standing between the Huntington Beach Police Officers Association
and the City of Huntington Beach is made, and it is agreed as
follows:
SECTION 1. That.Article XII of the Memorandum of Under-
standing between the City of Huntington Beach and the Huntington
Beach Police Officers Association, adopted by Resolution No. 5611
by the City Council of the City of Huntington Beach, is hereby
amended, to read as follows:
"H . . . Pay in lieu of vacation: an einployee may elect to
take up to eighty (80) hours of pay per year for accrued vacation
in lieu of time off. (Such pay may be reported to P.E.R.S. as
salary.) It is the intent of the parties that employees will take
vacation during the current year."
SECTION 2. All other terms and conditions not expressly
amended herein shall remain the same.
IN WITNESS WHEREOF, the parties hereto have executed this
Addendum No. 1 to the Memorandum of Understanding this "n J day
of }!,;LI . i1 , 1987.
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE OFFICERS
ASSOCIATION
By -By
City Administrator Gi Coerper Presi ent
"APPROVED AS TO FORM:
r
By
i
Ch�iff o P 1' e
Deputy C ty dministrato
'Administrative Service
"-City Attorney
Res, o. 5759
STATE OF CALIFORNIA )
COUNTY OF. ORANGE
CITY OF HUNT INGTON 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 meeting thereof held on the 2nd day
of March 19 87 , by the following vote:
AYES: Councilmen:
Winchell, Mays, Kelly, Erskine.Green, Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
AMENDMENT TO MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH
(HEREINAFTER CALLED "CITY")
AND
THE HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION
(HEREINAFTER CALLED ASSOCIATION)
The Representatives of the Association and the City have Met and Conferred on the
issue of a one time change to the Uniform Allowance Provision of the Memorandum of
Understanding and hereby jointly recommend the addition of Section D to Article XVII of
said Memorandum of Understanding.
It is proposed that Section D be added to read as follows:
D. Section A of this Article not withstanding, the City agrees to a lump sum
advance of the 1988 allowance due each Officer up to a maximum of
$500.00 for the purpose of purchasing new Blue Uniforms. The actual
amount advanced to each Officer up to the $500.00 limit shall be dependent
on receipts for blue uniform purchase submitted by the individual Officer
during the initial purchase period. The amount advanced shall be paid in lieu
of the "normal uniform allowance" as provide io�oirticle.
1
G Coerper, Pr ent rles hom , Admin' trator
untington Beach Police Officers City of Huntington Beach
Association
f t �
RESOLUTION NO. 5813
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADOPTING AN AMENDMENT
TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF HUNTINGTON BEACH AND
THE HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION
WHEREAS, the City of Huntington Beach is desirous of ,
changing its police officer's uniforms from the present tan
color to navy blue; and
The State of California has previously expressed a desire
for municipal police departments' to exclusively wear blue -
uniforms; and
Navy blue uniform material requires less maintenance than
tan colored material; and
Police Department morale would be enhanced by a change from
tan colored uniforms to navy blue; and
The change to navy blue uniforms shall be made at no
additional cost to the city; and
To effect the change, the Memorandum of Understanding
between the City of Huntington Beach and the Huntington Beach
Police Officers Association must be amended.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Huntington Beach hereby amends the Memorandum of
Understanding Between the City of Huntington Beach and the
Huntington Beach Police Officers Association, to add a new
Section D to Article XVII thereof, to read follows:
D. Section A of this Article not withstanding, the City
agrees to a lump sum advance of the 1988 allowance due
-1-
each Officer up to a maximum of $500.00 for the purpose
of purchasing new Blue Uniforms. The actual amount
h advanced to each Officer up to the $500.00 limit shall
be dependent on receipts for blue uniform purchase
submitted by the individual Officer during the initial
purchase period. The amount advanced shall be paid in
lieu of the "normal uniform allowance" as provided in
Section A of this Article.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at the regular meeting thereof held on the 8th
day of September , 1987.
A kAw/J
or
ATTEST: APPROVED AS TO FORM:
L
n
City Clerk Ci Attorney
REVIEW D APPROVED: INIT D AND.APPROVED:
City AdministratWr
-2-
Res. No. 5813
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
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 meeting thereof held on the 8th day
of September , 19 87 , by the following vote:
AYES: Councilmen:
Winchell, Mays, Finley, Kelly, Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
Erskine - out of room, Green
City Clerk and ex-officio Clerk
of the City Council of.the City
of Huntington Beach, California
lip
REQU7DCUNCOACTION,�p�'I�
1
9" August 20, 1987
ate
Submitted to: - t r Lxxx, ,
Hones h�P �,r��.,,, ra F T F------ - `embers
'J
Submitted by: /
Charles W. Thompson, City Administrato
Prepared by:
Robert J. Franz, Deputy City Administrator/Chief of Adm. Svcs f'
Subject:
UNIFORM CHANGE — POLICE DEPARTMENT
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue:
An amendment to the Memorandum of Understanding with the Police Officers'
Association and the Police Management Association is necessary in order to implement a
change to a different color of uniform for Huntington Beach Police officers.
Recommended Action:
Approve Resolution # 5913 and Resolution amending the Memorandum of
Understanding with the Police Officers' ASsociation and Police Management Association.
Analysis:
Attached is a memorandum from Chief of Police, G. L. Payne, describing the process that
police management has gone through to determine an interest in changing from the
present tan uniform to navy blue uniform for police officers.
The end result of the process described by Chief Payne is an agreement with both the
Police Management Association and Police Officers' Association to change to navy blue
uniforms effective January 1, 1988. As indicated by Chief Payne there is no additional
cost to the city since the associations have agreed to make the change over out of their
existing uniform allowance. The amendments to the MOU's is necessary only to allow an
advance of the 1988 uniform allowance for the purchase of the new uniforms.
Funding Source:
1987/88 budget
Alternative:
Do not approve the Resolutions and stay with the tan uniforms.
Attachments: L
1. Memorandum from Chief Payne dated August 12, 1987.
2. Resolutions approving changes to MOU. , V'
CWT:RJF: a'
P J /n
PIC) Was
We
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CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
CHARLES W. THOMPSON From G. L. PAYNE�
To City Administrator Chief of Police
Subject BLUE UNIFORM CHANGE
Date AUGUST 12, 1987
Attached to this memorandum you will find proposed amendments to the
Memorandums of Understanding between the City and the Huntington Beach Police
Officers Association and the City and the Huntington Beach Police Management
Association. These proposed amendments are the result of lengthy meet and confer
sessions conducted between myself and representatives from the aforementioned
Associations. A recap of the events leading up to these Memorandums is as follows.
During the early part of 1987, a formal survey was initiated and conducted by the
Huntington Beach Police Officers Association to determine the interest in changing
the present tan uniform to navy blue. The results of that survey were heavily
weighted in favor of going to the blue uniforms. I was approached in June of 1987 by
the Police Officers Association President, Gil Coerper, and Sergeant Brooks to discuss
my position on this issue. My response to them was that I was neutral orl the proposed
uniform change but would not oppose a change to the blue uniform if it Could be done
on a no -cost basis to the City.
Throughout the month of July, I continued to have meet and confer sessions with
representative members from the POA and the PMA regarding this issue. In the latter
part of July, the POA and PMA continued a formal poll of their memberships to
ascertain their desires in both the change to the uniform and an agreement to the
method in which it would be funded if approved. The result of that poll indicated an
approximate two-thirds majority of the Department wanted to make the change and
further agreed to funding it from their uniform allowance checks.
Since the MOU's with both Associations delineated the method in which uniform
allowance funds were to be disbursed, it was necessary to generate these amendments
to the MOU's so as to make available these funds to the officers for their initial blue
uniform purchases.
I feel it is in the interest of the Department and the City to support this uniform
change for the following reasons:
1. It is being done at no additional cost to the City.
2. Current material availability has resulted in our inability to obtain color matches in
tan uniforms.
3. The State of California has expressed sometime ago a desire for municipal police
departments to move to the exclusive wearing of the blue uniforms (green for sheriffs
departments and tan for State officers). This is occurring and has resulted in a
lessening in the demand for the tan uniform and has increased the cost of that
uniform accordingly.
CHARLES W. THOMPSON
August 12, 1987
Page 2
4. The current materials available in navy blue make this color a more maintenance free
uniform than the tan.
5. As evidenced by the poll conducted within the Department, we would have an
enhancement of morale by effecting this uniform change.
I offer these recommendations to you and would recommend this proposed change be
brought to the attention of the City Council along with the reasons for the change to allay
any questions that may arise.
GLP:JBP:aa
I
REQUES-i FOR CITY COUNCILOACTION
Submitted to:
Honorable Mayor and City Council Members
Submitted by: Charles W. Thompson, City Administ
Prepared by:
Subject:
Robert J. Franz, Chief of Administrative
Amendment to POA MOU Article 20, Resolution #5611 - Ho
Consistent with Council Policy? [X] Yes
[ ] New Policy or Exception
tes - 0
S'10so
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: N
Statement of Issue: The present wording of Article 20 of the Memorandum of Understanding
between the City and the Police Officers Association has created differences in interpretation
of entitlement to holiday benefits for POA members.
Recommendation: Adopt the attached resolution approving the amendment to Article 20 of
the Memorandum of Understanding between the City and the Police Officers Ass ,
(Resolution #5611).
Analysis: The present language of Article 20, Resolution #5611 regarding entitlement to
holiday benefits for POA members is ambiguous and has caused interpretation problems. The
POA interpreted the current language as automatically adding to their holiday entitlement any
holiday observed by other city employees, while the City interpreted the same language to
apply only to certain special holidays such as days of mourning. The present wording will
continue to raise interpretation problems concerning the authority to designate holidays for
employees of the City.
The recommended amendment
would leave the authority to adopt
new holidays
to the
discretion of the City Council
(current language is ambiguous) and
the meet and
confer
process. The new language would be consistent with the holiday
entitlement of
other
employees. The representatives
of the City and the Police Officers
Association are
jointly
recommending this amendment.
Funding Source: General Fund. The proposed amendment will authorize 80 hours of holiday
pay for Police Officers Association covered employees compared to the current MOU that
authorized 72 hours. The cost will be approximately $30,000 per year.
Alternative Action: Do not approve amendment.
Attarhmanfq!
1. Memorandum jointly recommending amendment to Article 20, Resolution #5611.
2. Resolution.
2094j
PIO 4/84
RESOLUTION NO. 5650
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AMENDING THE MEMORANDUM
OF UNDERSTANDING WITH THE HUNTINGTON BEACH
POLICE OFFICERS' ASSOCIATION
BE IT RESOLVED by the City Council of the City of Huntington
Beach that the Memorandum of Understanding between the City of
Huntington Beach and the Huntington Beach Police Officers'
Association, dated January 14, 1986, and approved by Resolution
5611 is hereby amended to substitute the following language in
place of Article XX ("Holidays")
ARTICLE XX
"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 holidays hours (80) earned for the year. They
shall be entitled to an additional eight hours of pay
at their regular rate for any day declared by the
President of the United States to be a national
holiday, or any day declared by the Governor of the
State of California to be a state holiday, if such day
is adopted by the City Council of the City of
Huntington Beach as a special holiday for City
employees (i.e., day of mourning).
Except as amended by the Resolution, said Memorandum of
Understanding shall continue in full force and effect
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th
day of
ATTEST:
April , 1986.
City Clerk
REVIE -D AND APPROVED
/ �f / /
City Administrator
Mayor
APPROVED AS TO FORM:
3-��- it/ Cy--Attorney-��
INITI ED: D APP CAVED:
ie o ini trative Se es
D. Successful npletion of tests authorized by Police Chief will be
required to qualify for differential pay for any of the languages. Tests will be
designed for the two levels.
Retesting may be done on an annual basis.
ARTICLE XX
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 holidays
hours (80) earned for the year. They shall be entitled to an additional eight hours of
pay at their regular rate for any day declared by the President of the United States
to be a national holiday, or any day declared by the Governor of the State of
California to be a state holiday, if such day is adopted by the City Council of the
City of Huntington Beach as a special holiday for City employees (i.e., day of
mourning).
ARTICLE XXl
ASSOCIATION BUSINESS
An allowance of 750 man-hours 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 XXII
MEAL ALLOWANCE
A. Per Diem - Effective December 24, 1983, employees shall be entitled to
per diem under the following circumstances:
I. Personnel are on work assignments, attending seminars, meetings or
training sessions which extend beyond their normal work hours or require lodging.
Meetings which include a meal may be reimbursed at the actual cost of the meeting
or meal.
2. Personnel are unexpectedly delayed or assigned at a location away
from the City when the time extends beyond normal meal period.
3. When on assignment in excess of 25 mile radius beyond their normal
work station.
4. Expenses other than those listed in a, b, or c (above) may be
considered for reimbursement (receipt required) at the discretion of the Division
Commander.
5. Receipts are not required providing that the employee's expenses do
not exceed the $35 limit and the expenses are in accordance with the above rules.
-12-
Res. No. 5650
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNfINGTON 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 meeting thereof held on the 7th day
of April 19 , by the following vote:
AYES: Councilmen:
Kelly, MacAllister, Finley, Mandic, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
Bailey
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
. 1
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To CHARLES W. THOMPSON From ROBERT J. FRANZ, Chief
City Administrator Administrative Services
Subject CLARIFICATION OF ARTICLE 20 Date MARCH 7, 1986
RESOLUTION NO. 5611
Re: Resolution No. 5611 - Memorandum of Understanding between the
City and the Huntington Beach Police Officers Association
The representatives of the City and the Huntington Beach Police Officers Association
jointly recommend a revision of Article 20 of subject Resolution implementing the
Memorandum of Understanding between the City and the Police Officers Association.
Proposed revised language for Article 20 to read:
ARTICLE XX
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 holidays hours (80) earned for the year. They shall be
entitled to an additional eight hours of pay at their regular rate for any
day declared by the President of the United States to be a national
holiday, or any day declared by the Governor of the State of California
to be a state holiday, if such day is adopted by the City Council of the
City of Huntington Beach as a special holiday for City employees (i.e.,
day of mourning).
The proposed language would clarify the exiting conditions of employment regarding
compensation for holiday pay covering employees represented by the Huntington Beach
Police Officers Association.
It is jointly recommended that Article 20 of Resolution 5611 be modified to reflect the
proposed language.
ROBERT 77FiRANZ,\Chief
Administrative Services Depart nt
RV. .V VL. nV
2066j
9 CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To CHARLES W. THOMPSON From ROBERT J. FRANZ, Chief
City Administrator Administrative Services
Subject CLARIFICATION OF ARTICLE 20 Date MARCH 7, 1986
RESOLUTION NO. 5611
Re: Resolution No. 5611 - Memorandum of Understanding between the
City and the Huntington Beach Police Officers Association
The representatives of the City and the Huntington Beach Police Officers Association
jointly recommend a revision of Article 20 of subject Resolution implementing the
Memorandum of Understanding between the City and the Police Officers Association.
Proposed revised language for Article 20 to read:
ARTICLE XX
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 holidays hours (80) earned for the year. They shall be
entitled to an additional eight hours of pay at their regular rate for any
day declared by the President of the United States to be a national
holiday, or any day declared by the Governor of the State of California
to be a state holiday, if such day is adopted by the City Council of the
City of Huntington Beach as a special holiday for City employees (i.e.,
day of mourning).
The proposed language would clarify the exiting conditions of employment regarding
compensation for holiday pay covering employees represented by the Huntington Beach
Police Officers Association.
It is jointly recommended that Article 20 of Resolution 5611 be modified to reflect the
proposed language. _
ROBERT —J.—FT�ANZ,1.Chief
Administrative Services Depart nt
R-1
2066j
e ' �YYI�L - D. cL
REQUE� FOR CITY COUNCIL ACTION
Dat
Submitted to: Honorable Mayor and City Council Members
Submitted by: Charles W. Thompson, City Administrator Cl
Prepared by: Robert J. Franz, Chief of Administrative Seri
Subject: Memorandum of Understanding - Police Offic
Consistent with Council Policy? [A Yes [ ] New Policy or Exception , 5 *Si
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue: Through the meet and confer process, agreement has been reached with
the Police Officers' Association for changes in their salaries, benefits and working conditions.
This agreement now is submitted for formal Council approval by adoption of a resolution
approving the Memorandum of Understanding.
Recommended Action: Adopt the attached resolution approving the Memorandum of
Understanding between the City and the Police Officers' Association for a two year agreement
for changes in salaries, benefits and working conditions.
Analysis: Numerous meetings with the Council have been held to keep you aware of the issues
in the meet and confer process with the Police Officers' Association. Therefore, detailed
analysis of the new Memorandum of Understanding covering the next two years is not
presented in this RCA. The Memorandum of Understanding and tentative agreement with the
Association is consistent with Council guidelines and directions to the city negotiators during
the executive sessions where the Council has been briefed on these issues. Attached is a copy
of the letter to the Police Officers' Association which provided the City's last, best and final
offer in the process. The Association accepted this offer and the attached memorandum
reflects the agreed to changes.
Funding Source: General Fund budgeted accounts and the '85/86 budget.
Alternatives: Do not approve the agreement.
1876j
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PIO 4/84
t T ' T I
T
a
RESOLUTION NO. 5611
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
BE IT RESOLVED by the City Council of the City of Huntington
Beach that the Memorandum of Understanding between the City of
Huntington Beach and the Huntington Beach Police Officers'
Association, dated January 14th , 1986, a copy of which is
attached hereto and by this reference incorporated herein, is
hereby approved, and shall be implemented forthwith in accordance
with the terms and conditions therein. Pursuant thereto, the
City Administrator is authorized to execute such memorandum of
understanding on behalf of the city.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the ?1st
day of January , 1986.
ATTEST:
City Clerk
REVIEWED A APPROVED:
City Admin--'I'stratovV
ADL:ps
1/6/86
Mayor
APPROVED AS TO FORM:
/� City Attorney
INITIATED AND APPROVED:
Chief o Admihistrative
Services
i
LAW OFFICES
GOLDSTEIN & KENNEDY
ALLAN S. MORTON 1880 CENTURY PARK EAST, SUITE 1018
OF COUNSEL
CENTURY CITY
LOS ANGELES, CALIFORNIA 90067
(213) 879-1401 AND 553-4746
December 19, 1985
HAND DELIVERED
Mr. Mark C. Reid
General Manager
California League of City Fmployee
-- Associations, Inc.
2130 Long Beach Boulevard
Long Beach, CA 90806
Re: Last, Best and Final Offer Made by the City of
Huntington Beach to the Huntington Beach
Police Officer's Association
Dear. Mr. Reid:
The following contract proposals are presented to
= the Huntington Beach Police Officer's Association as the
last, best and final offer of the City of Huntington Beach.
1. Term of Agreement
The term of the Memorandum of Understanding (MOU)
shall be from October 1, 1985 through September 30, 1987.
2. Salary Increases
Effective October 5, 1985, the City shall provide
each employee covered by the MOU with a 6% base salary
increase and shall also provide each sergeant, lieutenant,
detention officer, senior detention officer, detention
officer nurse and sup. detention officer with an additional
1% base salary increase.
Effective October 4, 1986, the City shall provide
each employee covered by the MOU with a 5% base salary
increase and shall also provide each lieutenant with an
additional 2% base salary increase.
3. PERS Pickup by the City
Effective April 1, 1986, the City shall pay 1% of
each employee's remaining share to the Public Employees
Retirement System.
Mr. Mark C. Reid
December 19, 1985
Page -2-
Effective April 1, 1987, the City shall pay the
remaining 1% of the employee's contribution to the Public
Employees Retirement System.
Effective October 1, 1985, each employee eligible
for service retirement, may have his/her PERS pickup 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 Finance Director. Such modified reporting
shall be limited to a maximum period of twelve (12) months
preceding retirement.
4. Long Term Disability
Long term disability benefits shall be increased to
equal 2/3 of the employees' actual monthly salary with the
maximum benefits payable per month of $2,000.00 for all
employees below the rank of sergeant, and $2,600.00 for
sergeants and lieutenants.
5. Actuarial Study and Reopener
The City and the Association shall share in the
cost of an actuarial study conducted by a private actuary
mutually agreed upon. The actuarial study shall determine
the long term costs of the City's present medical insurance
program and the long term costs of participation in the PERS
Medical Program.
The cost of the actuarial study to the Association
shall not exceed $2,000. The study shall be completed by
July 1, 1986.
Upon completion of the actuarial study, the City
and Association shall meet and confer regarding medical
insurance, including vision care and medical coverage for
retirees.
6. Deferred Compensation Program
Effective October 1, 1986, in the event that no
agreement is reached during meet and confer regarding medical
insurance, vision care and medical coverage for retirees, the
City shall contribute $5.50 per pay period into a deferred
compensation account for each employee which would be
Mr. Mark C. Reid
December 19, 1985
Page -3-
utilized as an interim fund for the purpose of funding
future retiree's medical insurance. The employee shall
contribute $1.00 each pay period to said insurance account.
7. One -Half widow and Orphans Continuance Option
Effective April 1, 1987, the City shall implement
that City -funded benefit which equals the PERS benefit known
as the One -Half Widows and Orphans Continuance Option.
8. Inequity Adjustment
Effective the first pay period in April, 1987, the
City shall be required to provide each employee with a base
salary increase up to 2% which shall be dependent on the
percentage increase granted, if any, by the City of Anaheim
to its police officers in salaries for the contract year
October 1, 1987 to September 30, 1988. Any inequity
adjustment granted employees covered by this agreement shall
be based on the following formula:
If Anaheim police officers are granted a base
salary increase of 7% or more the City shall provide each
employee with a base salary increase of 2% effective April,
1987.
If Anaheim police officers are granted a base
salary increase of 6�%, the City shall provide each employee
with a base salary increase of 1�% effective April, 1987.
If Anaheim police officers are granted a base
salary increase of 6%, the City shall provide each employee
with a base salary increase of 1% effective April, 1987.
If Anaheim police officers are granted a base
salary increase of less than 6%, the City shall not be
required to provide any inequity adjustment to employees
covered by the agreement.
Any inequity adjustments shall be made only in
increments of .5% (i.e., 1%, 1.5% or 2.0%).
9. Medical Insurance
Effective upon the signing of the MOU and until
such time as any agreement is reached regarding medical
Mr. Mark C. Reid
December 19, 1985
Page -4-
insurance after negotiations are reopened following the
actuarial study, the City shall implement, the following
changes to the City's current Medical Insurance Policy:
a. Increase maximum City contribution from $350
to $400 per month.
b. Hospital pre -admission notification.
C. Increase deductibles to $125.00 for single
employee coverage and $375.00 for family
coverage from $100.00/$300.00.
d. 3-6-12 formula for pre-existing conditions.
e. Dependent coverage definition.
10. weekend Military Drills
The City shall continue to pay for weekend military
drills for employees currently participating in federal
military activities. All other employees shall be granted
rights in accordance with state law. All future employees
who participate in federal or state military service stall be
paid in accordance with state law regarding payment for
weekend military drills.
11. Association Business
The parties agree to establish a written policy for
the use of time by officers for Association business.
This offer is presented as the City of Huntington
Beach's last, best, and final offer. All language of the
previous MOU which has not been modified by this offer shall
become the language of the new MOU for the period October 1,
1985 through September 30, 1987.
It is the City's understanding that as of December
19, 1985, the City and the Association have reached a
tentative agreement in accordance with this offer. Please
have the Police Officer's Association members vote on the
City's proposals. Should the membership accept this final
offer, we will proceed to draft the Memorandum of
Mr. Mark C. Reid
December 19, 1985
Page -5-
Understanding; make all changes necessary subject to your
approval; recommend adoption by the City Council, and if
adopted, compute and make retroactive payments as soon as
possible.
Please inform the undersigned as soon as a decision
has been reached by the membership regarding acceptance or
rejection of this last, best and final offer.
Sincerely,
C4L-4R-1,-ES H. GOLDSTEIN
CHG:dce
cc: Charles W. Thompson
Robert Franz
9
'
TABLE OF CONTENTS
TITLE
PAGE
Table of Contents
1
Preamble
1
Article
1
Representational Unit
1
Article
2
Existing Conditions of Employment
1
Article
3
Salary Schedules and PERS Pickup
1
Article
4
Salary Differentials
2
Article
5
Overtime and Stand By Pay
3
Article
6
Insurance
3
Article
7
Income Protection Plan
6
Article
8
Actuarial Study and Reopener
7
Article
9
Deferred Compensation Program
7
Article
10
Retirement
7
Article
11
Police Education Incentive Plan
8
Article
12
Vacations
9
Article
13
Sick Leave
10
Article
14
Family Illness Leave
10
Article
15
Bereavement Leave
10
Article
16
Ten -Plan
11
Article
17
Uniforms
11
Article
18
Nurse Employees Certification
11
Article
19
Bilingual Pay
11
Article
20
Holidays
12
Article
21
Association Business
12
Article
22
[Aeal Allowance
12
Article
23
Weekend Military Drills
13
Article
24
lsianagement Rights
13
Article
25
Term of Memorandum of Understanding
14
Article
26
City Council Approval
14
List of Exhibits:
"A"
Salary Schedule - October 5, 1985
15
"Bit
Salary Schedule - October 4, 1986
16
licit
Second Opinion Surgical Program
17
"D"
Senior Officer Program
19
"Eli
Pay in Lieu of Compensatory Time
20
"F"
Medical Plan for Police Officers Association
21
i
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 1, 1985 and it is agreed as follows:
ARTICLE 1
REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Police Officers Association is the
employee organization which 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. 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 and
Exhibit B attached hereto and incorporated herein.
B. Effective April 4, 1987, the City shall be required to provide each
employee with a base salary increase up to 2 ro (inequity adjustment) which shall be
dependent ors the percentage increase granted, if any, by the City of Anaheim to its
police officers in salaries for the contract year October 1, 1986 to
September 30, 1987. Any such inequity adjustment granted employees covered by
this agreement shall be based on the following formula:
t 1. If Any n police officers are granted a b, _ salary increase of 7%
or more, the City shall provide each employee with a base salary increase of 2%
(4 ranges) effective April 4, 1987.
2. If Anaheim police officers are granted a base salary increase of at
least 6 1/2% but less than 7%, the City shall provide each employee with a base
salary increase of 1 1/2% (3 ranges) effective April 4, 1987.
3. If Anaheim police officers are granted a base salary increase of at
least 6% but less than 6 1/2%,, the City shall provide each employee with a base
salary increase of I % (2 ranges) effective April 4, 1987.
4. if Anaheim police officers are granted a base salary increase of less
than 6%, the City shall not be required to provide any inequity adjustment to
employees covered by this agreement.
C. Each employee covered by this Agreement shall be reimbursed an amount
equal to 7% of the employee's part of their PERS contribution except as provided in
paragraphs D, E and F below. The above PERS pickup is not base salary but is done
pursuant to Section 414(h)(2) of the Internal Revenue Code.
D. Effective April 5, 1986, each sworn employee covered by this agreement
shall be reimbursed an amount equal to 8% of the employees part of their PERS
contribution.
E. Effective April 4, 1987, each sworn employee covered by this agreement
shall be reimbursed an amount equal to 9% of the employees part of their PERS
contribution.
F. Effective upon implementation of this agreement each employee, eligible
for service retirement, may have his/her PERS pickup 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 Finance Director. Such modified reporting shall be
limited to a maximum period of twelve 0 2) months preceding retirement.
ARTICLE IV
SALARY DIFFERENTIALS
A. Employees assigned to duty as helicopter flight personnel shall receive
$370 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 4:00 P.M. and
midnight, or midnight and 8:00 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.
I. Employees will be considered as assigned to the afternoon shift
(4:00 P.M. to midnight) or the night shift (midnight to 8:00 A.M.) when five (5) or
more hours of their regularly assigned shifts occur in the afternoon or night shift as
defined herein.
-2-
C., The Senior `icer Program is applicable to a. fficers as outlined in
Exhibit "D".
D. Employees assigned to motorcycle duty shall receive a flat rate of $250
per month for hazardous duty pay.
ARTICLE V
OVERTIME AND STAND BY PAY
A. Employees shall receive time and one half their salary rate for all time
worked in excess of 40 hours during any given payroll week.
I. Compensatory Time - An employee may elect to receive
compensatory book time in lieu of such overtime pay to a maximum of 120 hours.
2. Work Time - For the purpose of computing the 40 hour week the
following shall be excluded in determining the eligibility for time and one half
overtime pay:
a) Sick leave
b) Non Court Stand by Time.
3. Court 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 straight time pay (including differentials in Article IV) for
each morning and afternoon court session.
4. Court Appearance Time - Employees required to appear in court
during other than their scheduled working hours shall receive a minimum of three
hours pay at time and one half; provided, however, that, 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.
5. Non -Court Stand By Time - An employee who is placed on stand by
status by his supervisor shall receive four hours straight time pay for each 24 hour
period of stand by status.
6. Call Back - Employees who are called back to work will be paid a
minimum of two hours of pay at the rate of time and one half their regular hourly
rate.
7. Pay in Lieu of Compensatory Time - In the months of December and
April of each year, employees may, at their option, be paid for their compensatory
time worked. Compensatory time is paid at the officer's straight time rate for the
actual hours worked; not at the time and one half rate that compensatory time is
earned. See Exhibit "E" for example and procedure.
ARTICLE VI
INSURANCE
A. The CITY shall continue to provide group medical benefits to all
employees with coverage and other benefits comparable to the group medical plan
currently in effect.
-3-
B. The group r cal insurance plan shall pay 10094 the usual, customary
and reasonable charges for out patient pre -admission testing and out patient surgery.
C. The elective surgeries listed on Exhibit C only will require a second
opinion from a list of authorized physicians. The CITY shall provide such list of
physicians mutually agreeable to CITY and the ASSOCIATION. It is understood that
should an employee or covered dependent elect a listed surgical procedure without a
second opinion, such employee shall receive no benefit. The listed surgical
procedures shall be considered elective unless the attending physician certifies that
the procedure was performed in on emergency basis without reasonable time for a
second opinion.
D. The CITY will assume full payment for dependent health insurance
effective the first of the month following the month during which the employee
completes one (1) year of full time continuous service with the CITY.
E. The CITY shall reimburse the dependent health insurance premium to a
maximum of $400 a month for full family coverage for eligible employees. The
employee shall pay for any premium in excess of $400 a month.
F. The City's medical plan shall be modified in the following manner,
effective January 1, 1986:
1. A hospital pre -admission notification to the claims administrator
will be required prior to hospital admittance for non -emergencies. If the required
notification is not given by the employee, the benefit entitlement will be subject to
a $100 deductible against the charges for hospital costs.
2. The Medical Insurance Plan shall exclude coverage of pre-existing
medical conditions of new employees and dependents, except under the following
conditions.
a. The employee or dependent is free from treatment for the
pre-existing condition for three consecutive months after the effective date of
coverage under the plan.
b. A pre-existing condition of the employee is covered after an
employee completes six months of continuous employment.
C. A pre-existing condition of any dependent who has been
enrolled in the plan is covered after the employee completes twelve months of
continuous service.
3. The Medical Insurance Plan shall be modified to increase the
deductible from One Hundred ($100) to One Hundred and Twenty -Five Dollars ($125)
per person; and the maximum deductible per family shall be increased from Three
Hundred ($300) to Three Hundred and Seventy -Five ($375) per family during any
period of benefit entitlement as described in the City's Employee Health Plan.
Z�
4. Eligib� for dependent coverage shall be r, eicted to:
a. Spouses of employees,
b. Their unmarried children to age 19,
C. Unmarried children from age 19 to 23 if dependent on their
parents for at least half their support and living at home or enrolled as a full time
student; and
d. l otally disabled children of any age who were enrolled in this
plan prior to age 23.
G. 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.
H. Employees shall continue to be covered by dental plan benefits equal to
those currently being provided by the City as modified in Exhibit "F".
I. City will provide $10,000.00 of term life insurance without evidence of
insurability other than evidence of working a full time duty and an additional
$10,000.00 policy requiring evidence of insurability, all at the employee's own cost.
ARTICLE VII
INCOME PROTECTION PLAN
A. The existing long term disability program provided by the City shall
remain in effect for all personnel. This program provioes, 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 $2,000.00 per month for all
employees below the rank of Police Sergeant, effective January 1, 1986. The
maximum benefits payable for Police Sergeant and Police Lieutenant shall not
exceed $2,600 per month, effective January 1, 1966.
-5-
Disability Due ability Due
to Accident co illness
First 60 days Regular Pay Regular Pay
Next 24 months 66-2/3% of base pay 66-2/3% of base pay
up to maximum benefit up to maximum
of $2,000 per month benefit of $2,000
For Sergeants and
Lieutenants the maximum
benefit is $2,600.
to age 65 66-2/3% up to maximum None
benefit of $2,000
monthly
For Sergeants and
Lieutenants the maximum
benefit is $2,600.
B. Days and months refer to calendar days and months. Benefits under the
Plan are integrated with Worker'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.
C. 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.
D. Survivors benefit continues plan payment for three months beyond death.
ARTICLE VIII
ACTUARIAL STUDY AND REOPENER
The City and the Association shall share in the cost of an actuarial study
conducted by a private actuary. The actuarial study shall determine the long term
costs of the City's present medical insurance program and the long term costs of
participation in the PERS Medical Program.
The cost of the actuarial study to the Association shall not exceed $2,000. The
study shall be completed by July 1, 1986.
Upon completion of the actuarial study, the City and Association shall meet and
confer regarding medical insurance, including vision care and medical coverage for
retirees.
ff-V
ARTICLE IX
DEF r_RRED COMPENSATION PROGRAi ,
Effective October 1, 1986, in the event that no agreement is reached during
meet and confer regarding medical insurance, vision care and medical coverage for
retirees, pursuant to Article VIII, the City and the Association shall establish a
funding mechanism whereby employees may set aside funds which, at retirement,
may be used for funding their medical insurance premiums. The parties agree to
utilize the existing Deferred Compensation Plan as said funding mechanism. Any
employee who contributes one dollar ($1.00) or more per pay period to his or her
deferred compensation account shall receive an employer contribution to the
employee's deferred compensation account in the amount of five dollars and fifty
cents ($5.50) per pay period.
ARTICLE X
RETIREMENT
A. The City will provide, for all safety personnel represented by the
Association whose retirement is effective or whose death occurs after July 1, 1978,
Public Employees Retirement System retirement benefits computed by utilizing the
two percent at age fifty formula commonly referred to as the California Highway
Patrol Retirement Plan.
B. Effective April 1, 1987, in the event a member elects Option 1/2
(Section 21333) or Option 113 (Section 21334) of the Public Employees' Retirement
law, the CITY shall pay the difference between such elected option and the
unmodified allowance which the member would have received for his or her life
alone. This payment shall be made only to the member, shall be payable by the
CITY during the life of the member, and upon that member's death, the CITY's
obligation shall cease. The method of funding this benefit shall be at the sole
discretion of the CITY. This benefit is vested for employees covered by this
agreement. (Note: The options provide that the allowance is payable to the
member until his or her death, and then either the entire allowance (Option #2) or
one-half of the allowance (Option #3) is paid to the beneficiary for life.)
-7-
ARTICLE XI
POLICE EDUCATION INCENTIVE PLAID
A. 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
11
Inter
60
40+ 20
1
3
125.03
III
Adv
90
60+ 30
2
3
166.67
IV
Adv
120
0
3
3
250.00
V
Adv
150
120+ 30
3
0
250.00
B. Stipulations
I. 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 XII
VACATIONS
A. Anniversary Date: For the purpose of computing vacation, an employee's
anniversary date shall be the most recent date on which he commenced full-time,
City employment.
10
B. Annual VacL-" -i: The purpose of annual vacat; ' is to provide a rest
period which will enable each employee to return to work Nnysically and mentally
refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the
following:
1. Employees who have not completed six (6) months continuous service
with the City.
2. Employees who work less than full-time.
3. Employees on leave of absence.
C. Vacation Allowance: Permanent employees in City service, having an
average work week of forty (40) hours, shall accrue annual vacations with pay in
accordance with the following:
I. For the first through the fourth year of continuous service vacation
time will be accrued at the rate of 112 hours per year.
2. After fifth through ninth year of continuous service vacation time
will be accrued at the rate of 136 hours per year.
3. For the tenth through fourteenth year of continuous service to the
completion of fourteen years of continuous service vacation time will be accrued at
the rate of 160 hours per year.
4. After fifteenth year and thereafter of continuous service vacation
time will be accrued at the rate of 192 hours per year.
D. No vacation may be taken until the completion of six (6) months of
service. Permanent, part-time employees assigned a work schedule of less than 2,080
and more than 1,040 hours per year shall receive vacation in one-half the amounts set
forth above.
E. Vacation - When Taken: No employee shall be permitted to take a vacation
in excess of actual time earned 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 consideration for
the wish of the employee and particular regard for the need of the department.
F. Terminal Vacation Pay: An employee shall be paid for unused vacation
upon termination of employment at which time such terminating employee shall
receive compensation at his current salary rate for all unused, earned vacation to
which he is entitled up to and including the effective date of his termination.
G. Receipt of Vacation Pay: Upon two week written notification to the
Finance Director, each employee shall be entitled to receive his earned vacation pay,
less deductions, in advance, prior to his regular scheduled annual vacation. Such
advancements are limited to one during each employee's anniversary year.
IM
H. Pay in Lieu r 'acation: An employee may elect lake up to 80 hours of
pay per year 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 XIII
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.
C. If during the term of this Agreement the Chief of Police determines 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.
ARTICLE XIV
FAMILY ILLNESS LEAVE
Sick leave may be used for an absence due to illness of the employee's spouse or
child when the employee's presence is required at home, provided that such absence
shall be limited to five days per calendar year.
ARTICLE XV
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 XVI
TEN -PLAN
A. The work schedule agreed to by the CITY and the ASSOCIATION during
negotiations has been fully implemented and shall remain in effect during the life of
this agreement unless changes are agreed to by the Association and the City.
B. Effective January 1, 1984, all employees are entitled to work 4 days per
week 10 hours each day, meal times to be included during the 10 hour shift.
-10-
ARTICLE XVII
UNIFORMS
A. The CITY shall continue the Uniform Allowance in lieu of the CITY
providing uniforms for employees represented by the ASSOCIATION. Such allowance
shall be $500 per year payable quarterly to those employees on active duty during
that quarter separately from payroll checks. It is the mutual intent of the parties
that this allowance shall be utilized solely for the purpose of replacing, repairing and
maintaining uniforms and clothing worn in the line of duty. The CITY will continue
to make initial issuance of required uniforms and replace uniforms and equipment
damaged in the line of duty including safety equipment required by state law, City
resolution or ordinance or order of the Chief.
B. Batons, speed reloaders, SWAT uniforms and equipment and canine
uniforms and equipment shall continue to be provided by the CITY.
C. Motorcycle officers shall receive two pairs of britches at the time of
assignment and will be entitled to a maximum of two pair of britches each year
thereafter.
ARTICLE XVIII
NURSE EMPLOYEES CERTIFICATION
The City shall allow licensed nurse employees time off with pay to attend
required courses necessary to maintain certification requirements.
ARTICLE X1X
BILINGUAL PAY
A. Qualified employees who meet the criteria will be paid a monthly pay
differential of fifty dollars ($50.00) for general qualifications and one hundred dollars
($100.00) for advanced qualifications. The Police Chief will have written and oral
tests designed and administered to test for qualifications in either of the levels. The
general pay level 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. The advanced level
requires written skills in the foreign language and an ability to converse regarding
complex matters, court proceedings or other investigations requiring a proficient and
broad knowledge of language including accent variations as used by different groups.
B. The languages included will be Spanish, Vietnamese and sign language.
C. Qualified employees authorized for either of the levels will be based on the
following:
I. A need for the employee to use the language in the City to support
the implementation of police operations.
2. At the discretion of the Police Chief, he may limit the number of
employees qualified in each category based on department needs.
r D. Successful r pletion of tests authorized by t' Police Chief will be
required to qualify for differential pay for any of the languages. Tests will be
designed for the two levels.
Retesting may be done on an annual basis.
ARTICLE XX
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 XXI
ASSOCIATION BUSINESS
An allowance of 750 man-hours 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 XXII
IAEAL ALLOWANCE
A. Per Diem - Effective December 24, 1983, employees shall be entitled to
per diem under the following circumstances:
1. Personnel are on work assignments, attending seminars, meetings or
training sessions which extend beyond their normal work hours or require lodging.
Meetings which include a meal may be reimbursed at the actual cost of the meeting
or meal.
2. Personnel are unexpectedly delayed or assigned at a location away
from the City when the time extends beyond normal meal period.
3. When on assignment in excess of 25 mile radius beyond their normal
work station.
4. Expenses other than those listed in a, b, or c (above) may be
considered for reimbursement (receipt required) at the discretion of the Division
Commander.
5. Receipts are not required providing that the employee's expenses do
not exceed the $35 limit and the expenses are in accordance with the above rules.
-12-
B. Per Diem Sc' ile - $35 per 24 hour period or pro, -�d as follows:
a. Breakfast $6.00
b. Lunch 8.00
c. Dinner 16.00
d. Incidentals* 5.00
*i.e.' tips, phone calls, snacks, coffee, etc.
C. Mileage Allowance
I. The CITY shall reimburse employees for the use of personal
automobiles at the rate of 26¢ per mile for all mileage reimbursable by POST.
2. All other mileage not reimbursable by POST shall be
compensated at the rate of 230 per mile.
ARTICLE XXIII
WEEKEND MILITARY DRILLS
The City shall continue to pay for weekend military drills for employees
currently participating in federal military activities. All other employees shall be
granted rights in accordance with all applicable state and federal laws.
ARTICLE XXIV
MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the Chief of Police
retains all rights, powers and authority with respect to the management and
direction of the performance of police services and the work forces performing such
services, provided that nothing herein shall change the City's obligation to meet and
confer as to the effects of any such management decision upon wages, hours and
terms and conditions of employment or be construed as granting the Chief of Police
or the City the right to make unilateral changes in wages, hours, and terms and
conditions of employment. Such rights include, but are not limited to, consideration
of the merits, necessity, level or organization of police services, including
establishing manning requirements, overtime assignments, number and location of
work stations, nature of work to be performed, contracting for any work or
operation, reasonable employee performance standards, including reasonable work
and safety rules and regulations in order to maintain the efficiency and economy
desirable for the performance of City services.
ARTICLE XXV
TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect for a term
commencing on October 1, 1985, and ending at midnight on September 30, 1987
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
-13-
-waives any right to rr ist any improvements or changes salaries or monetary
benefits for the employees represented by the Association which would take effect
prior to September 30, 1987, 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.
ARTICLE XXVI
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 14t1? day of January , 1986.
CITY OF H NGTON BEACH
City Abmi\rnistrator
By
B /✓% Cam:
Chief of
-71 ///
M
HUNTINGTON BEACH POLICE
OFFICERS ASSOCIATION
By
By
By' .-
ratlyk Services l
B
Charles Goldstein, Negotiator
APPROVER —AS TO FORM:
By
ail Hutton
City Attorney
0348X/sd
BYE
Mark Reid
/ssociation Representative
OEM
'
EXHIBIT "A"
CITY OF HUNTINGTON BEACH
POLICE OFFICERS ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 5, 1985
JOB NO.
TITLE RNG
A
B
C
D
E
4334
Police Recruit 281
1898
4332
Police Officer 354
2212
2333
2461
2597
2739
4333
Police Officer Senior 366
2345
2473
2610
2754
2905
4338
Police Officer Chief Pilot 379
2505
2643
2789
2941
3103
4330
Identification Technician 377
2479
2616
2759
2912
3071
4331
Communications Supervisor 377
2479
2616
2759
2912
3071
3360
Police Sergeant 390
2643
2789
2943
3104
3274
1360
Police Lieutenant 423
3118
3290
3470
3661
3862
3324
General Services Officer
374
2442
2576
2718
2867
3025
6370
Communications Operator
316
1825
1926
2031
2142
2260
6371
Communications Operator Senior
332
1981
2090
2205
2326
2454
4325
Detention Officer
324
1903
2007
2118
2234
2357
4324
Detention Officer Nurse
332
1981
2090
2205
2326
2454
4326
Detention Officer Senior
340
2059
2172
2291
2418
2551
-15-
EXHIBIT "B"
CITY OF HUNTINGTON BEACH
POLICE OFFICERS ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 4. 1986
JOB NO.
TITLE
RNG
A
B
C
D
E
4334
Police Recruit
291
2000
4332
Police Officer
364
2321
2449
2584
2727
2877
4333
Police Officer Senior
376
2476
2602
2746
2896
3056
4338
Police Officer Chief Pilot
389
1631
2775
2928
3089
3259
4330
Identification Technician
387
2605
2749
2900
3059
3227
4331
Communications Supervisor
387
2605
2749
2900
3059
3227
3360
Police Sergeant
400
2780
2933
3094
3264
3444
1360
Police Lieutenant
437
3342
3526
3720
3924
4141
3324
General Services Officer
384
2567
2707
2857
3014
3181
6370
Communications Operator
326
1922
2028
2139
2257
2382
6371
Communications Operator Senior
342
2080
2194
2316
2442
2576
4325
Detention Officer
334
2000
2109
2226
2349
3479
4324
Detention Officer Nurse
342
2080
2194
2316
2442
2576
4326
Detention Officer Senior
350
2165
2285
2411
2543
2683
-16-
EXHIBIT "C"
TO: MEMBERS OF THE HUNTINGTON BEACH POLICE Or r ICERS ASSOCIATION
RE: SECOND OPINION SURGICAL PROGRAM
The following surgical procedures only if done on an elective basis shall be mandated to
have a second surgical opinion in order to qualify as being fully covered under the City of
Huntington Beach Employee Health Care Plan:
1. PROSTATECTOMY - excision of part of all of the prostate gland.
2. HYSTERECTOMY - removal of the uterus (womb).
3. ONYCHOTOMY - surgical removal of the nail of a toe or finger.
4. KNEE SURGERY (MENISECTOMY) - removal of meniscus cartilage of the knee.
5. REPAIR OF DEVIATED SEPTUM (SMR) - sub -mucous resection - plastic surgical
procedure to straighten nose.
6. TONSILLECTOMY and ADENOIDECTOMY - surgical removal of tonsils and/or
adenoids.
7. LAMINECTOMY - surgery on spinal cord through the vertebral arch.
8. HEMORRHOIDECTOI- iY - surgical excision of hemorrhoids (piles).
9. DILATATION AND CURETTAGE - expansion of cervix and scraping of uterine
cavity.
10. 1,4ASTECTOMY - surgical removal of the breast.
11. CATARACT SURGERY - excision of diseased lens of the eye.
12. VARICOSE VEIN LIGATION - removal of varicose vein.
13. CHOLECYSTOSTOMY - cutting into and draining of the gallbladder through
abdominal wall.
14. HERNIA REPAIR - repair of an inguinal femoral or umbical hernia.
15. SPINAL FUSION - surgical fusion of two or more vertebrae.
The second opinion will be rendered by a physician who is a qualified Board Certified
surgeon in the same speciality as the original surgeon.
The second opinion surgical panel members will also agree that the patient will be referred
back to the original physician, whether the second opinion surgeon agrees or disagrees with
the original physician's assessment.
The Foundation for Medical Care of Orange County has panel physicians in all major cities
of Orange County. The patient will be given a list of three second opinion panel surgeons.
They will be expected to select one of the panel physicians and be examined to determine
the medical necessity of the proposed procedure.
The second surgical opinion fee will be paid by the Employee Health Care Plan (average
range $75 to $150 with a written report).
*See Article VI, Section C for definition of elective surgery.
-17-
EXHIBIT "D"
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 Hun -ington 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.
EXHIBIT "E"
PAY IN LIEU OF COMPENSATORY TIME
During the months of December and April of each year, all employees shall be
allowed to receive pay for compensatory time which has been booked. Procedurally, all
compensatory time will be booked based on the method earned, i.e., straight time or
time one half. The employee may choose the number and type of hours which will be
paid. In the event an employee chooses to sell compensatory time which was booked at
time and one half, the employee understands payment will only be made at straight time.
Example:
Compensatory Time Book
Earned at Straight Time
12 Hours
Paid 12 Hours at straight time
Hours Lef t - 0
Earned at Time and One Half
8 Hours at Time & one half =
12 Hours booked.
If employee elects to sell this
time, payment is made as follows:
.8 Hours pay - 4 hours lost
.Hours Left - 0
-19-
EXHIBIT "F"
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.
Effective November 1, 1981
Effective November 1, 1981
Effective November 1, 1981
Effective January 1, 1981
Effective as soon as insurance
company notified of associations
agreement.
-20-
Res. No. 5611
STATE OF CALIFORNIA )
COUNMY OF ORANGE ) s s :
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WEh'TWORTH, the duly elected, qualified City
Clerk of the City of Huntington beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 21st day
of January 19 86 , by the following vote:
AYES: Councilmen:
Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the Cite
of Huntington beach, California