HomeMy WebLinkAboutHBPOA - Huntington Beach Police Officers Association - 1995-05-01. . . . ; . I ., I e . ) Pr )) ) -
- CITY OF HUNTINGTON BEACH
MEETING DATE: January 21, 1997 DEPARTMENT ID NUMBER: AS96-042
Council/Agency Meeting Held:T��7
Deferred/Continued to:
Varw
W�kpproved ❑ Cond'tionally Approved ❑ Denied
City Clerk's Si nature
Council Meeting Date: January 21, 1997
Department ID Number: AS96-042
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini
PREPARED BY: ROBERT J. FRANZ, Deputy City Admini
SUBJECT: CITY COUNCIL ACTION TO UNILATERALLY ACT TO RE
THE IMPASSE BETWEEN CITY AND POLICE OFFICERS
ASSOCIATION y2o, 9 ? _ � -
OLVE
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Attachment(s)
Statement of Issue: Whether to resolve the current impasse between the City and the Police
Officers Association by unilateral action of the City Council.
Funding Source: No additional costs.
Recommended Action: Adopt City Council Resolution No. 91— 6, .
Alternative Action(s): Continue to meet and confer with POA to reach a mutual agreement.
Analysis: The City's current Memorandum of Understanding (MOU) covers the term of October 1,
1993 to September 30, 1994. The City and POA met on eight occasions between April 1995 and
September 1995 in an effort to agree to a successor MOU. However, after numerous unsuccessful
efforts the parties agreed that an impasse had been reached. The City and POA agreed to set the
matter for advisory arbitration in accordance with the City's Employer -Employee Relations
Resolution. The matter was heard before a mutually agreed upon arbitrator, Joseph F. Gentile, on
March 14, 1996. The attached "Findings, Conclusions and Recommendations" was issued by the
arbitrator (Exhibit 1) on May 6, 1996.
�r
Upon receipt of the arbitrators advisory recommendations the City and POA continued to meet, but
have been unable to mutually agree upon a resolution of the issues at impasse. Therefore, it is
proposed that the City Council unilaterally adopt the City's final position which includes all of the
0022540.01 -2- 01/14/97 5:07 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: January 21, 1997 DEPARTMENT ID NUMBER: AS96-042
arbitrators recommendations, except those on detective pay and supplemental retirement program.
The arbitrator recommended special pay for detectives resulting in compensation 2 1/2% more than
current pay, while the City's final position is that no such special pay be provided. The arbitrator
recommended no change to the current Supplemental Retirement program, while the City's final
position on the program is to eliminate the benefit for new hires to commence when all other
bargaining units are subject to the proposed two tier change.
The City's final position includes the following conditions (See Attachment 3 for a summary of the
City's final position) on the primary issues relating to the Meet and Confer process and the
arbitrator's recommendations.
1. Health Cost Containment - Establish maximum City payment for health premiums for one
person, two persons and family coverage, as well as, the "Two Tier Deductible" to be
implemented when all other bargaining units are subject to these proposed changes.
2. Supplemental Retirement (Two -Tier) - The elimination of the supplemental retirement benefit for
new hires to commence when all other bargaining units are subject to this proposed change.
3. Long Term Disability - The recommendation is contingent upon an agreement between the POA
and City as to auditing safeguards.
4. Random Drug Testing - That the Police Chief be given authority to implement the random drug
testing program as proposed by the City.
5. MOU Term - This recommendation is inapplicable without an agreement on a new MOU.
6. Overtime/Compensatory Time - That overtime be paid in cash until such time as the POA and
City agree to a compensatory time policy. The arbitrator recommended implementation of the
City's proposal that employees be paid for overtime worked, unless the department offers
compensatory time as an overtime payment option. Until the City and POA agree to a
compensatory time policy, the City shall pay overtime in cash if the attached resolution is
approved.
Environmental Status: None
Attachment(sl:
1. Resolution `Ao , 97- (o
2. Arbitrator Decision Dated May 6, 1996
3. Summary of City's Final Position
4. Chronology of City and POA Meet and Confer Process
0022540.01 -3- 01/16/97 8:42 AM
SUMMARY OF CITY'S FINAL PROPOSAL
The City's final proposal was to adopt the recommendations contained in the
hearing officer's report of May 6, 1996, except for those on detective pay and the
supplemental retirement program. The City's overall modified final proposal was
as follows:
1. SALARY- No salary increases were proposed. The City did not agree
to implement the hearing officer's recommendation on a
2.5% salary increase for detectives.
2. SUBSIDIZED RETIREMENT MEDICAL CHANGE - The hearing officer
concurred with the City's proposal to provide a 90 percent
PPO and 70 percent Non-PPO level benefit for retirees in
the City indemnity medical plan.
3. HEALTH COST CONTAINMENT - The hearing officer agreed with the
City's proposal to "cap" the cost of employee only, two party
and family coverage at the 1996 premium rate for all
medical, dental and vision plans. In addition, new
employees are to contribute through a payroll deduction of
$15, $35, or $55 towards the medical cost of employees,
two party or family coverage. The effective date to be at
such time as all employee groups are subject to this
provision.
4. LONG TERM DISABILITY (LTD) - The City agrees to the hearing officer's
recommendation to allow the purchase of LTD insurance
through the Police Officers' Association. However,
implementation is contingent upon an agreement between
the City and POA as to auditing safeguards.
5. SUPPLEMENTAL RETIREMENT - The City had proposed that this benefit
be eliminated for all new employees. The hearing officer did
not agree with the City's position. The City's final modified
position was to eliminate this benefit for all new employees
at such time as all bargaining units were subject to this
proposal.
6. RELEASE TIME - Association business of less than one hour be deducted
from Association 'bank time'; while authorizing POA 1000
hours of bank time with a 250 hours yearly carryover.
7. MEAL ALLOWANCE - City proposal be adopted to clarify M.O.U. language
for determination of entitlement to meal allowances.
23245.01 01 /14/97
8. M.O.U. TERM - The hearing officer agreed to the City's proposal to change
the M.O.U. language to allow the City or association to meet
and confer on issues not covered by existing provisions.
However, this provision is inapplicable until if can be
implemented in a new M.O.U.
9. OVERTIME/COMPENSATORY TIME - The hearing officer agreed with the
City's proposal that employees be paid for overtime worked,
unless the department offers compensatory time as an
overtime payment option. To be consistent with federal law
on compensatory time, the City shall pay over time in cash
until such time as the POA and City agree to a
compensatory time policy.
10. SHIFT SELECTION EXCEPTIONS - The City's proposal to provide
exceptions to shift bidding by seniority and rank for
employee training needs, supervisory concerns and during
probation periods was agreed to by the hearing officer.
11. VEHICLES - To follow the hearing officer's recommendation that the
Police Chief handle administratively the department
concerns regarding the taking home of City vehicles.
12. RANDOM DRUG TESTING - That a random drug alcohol testing policy be
implemented for all sworn public safety police department
employees.
23245.01 01 /14/97
CHRONOL GY OF DATES (POA NEL AIATIONS)
September 30, 1994 POA MOU Expired
April 21, 1995 Date of POA Proposal
April 25, 1995 First Meeting
June 16, 1995 City Proposal Presented
June 22, 1995 POA Response to City Proposal
July 6, 13, 21, 1995 Meet and Confer Dates
September 8 and 19, 1995 Meet and Confer Dates
November 7, 1995 Letter Declaring Impasse
November 15, 1995 Association Letter Requesting
Mediation
December 19, 1995 Mediation Canceled by POA
January 12 & 16, 1996 Mediation Rescheduled/Selection
of Arbitrator
March 14, 1996 Advisory Arbitration Conducted
May 6, 1996 Hearing Officer Report
July 9, 1996 Post Hearing Meeting
August 7, 1996 Meet with POA - Modified City
Proposal Presented
22428
1
1/13/97 2:01 PM
CHRONO( GY OF DATES (POA NE&TIATIONS)
' November 15, 1996
November 21, 1996
December 18, 1996
January 2, 1997
January 6, 1997
POA Response
City's Final Proposal
Hearing Officer's Report filed with
Personnel Commission
Informed POA Rejection of City's
Final Proposal
City Council agreed. to Schedule
Matter for January 21, 1997
22428 2 1/13/97 2:01 PM
RESOLUTION NO. 9 7 — 6
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH
ADOPTING THE CITY'S FINAL POSITION AT IMPASSE
BETWEEN THE CITY AND THE POLICE OFFICERS ASSOCIATION
WHEREAS, the City of Huntington Beach (City) and the Police Officers Association (POA).met
and conferred on a Memorandum of.Understanding (MOU) governing their, respective obligations and
responsibilities under California Statutory Law and City resolutions, since the expiration of the.current
MOU on September 30, 1994; and
After protracted meetings, impasse was declared on 21 issues; and
The matter was referred to Advisory Arbitration pursuant to Resolution 3335, the City's
Employer -Employee Relations Resolution; and
Both the City's and POA'.s positions were presented to a mutually agreed upon Hearing Officer;
and
On May 6, 1996, the Hearing Officer ruled on the 21 impasse issues as contained in Exhibit 1,
attached hereto; and
The City and the POA both modified -their positions, but after additional meetings, could not
reach a final agreement. The City notified POA that it intended to adopt its final position which included
all of the Hearing Officer's recommendations except as enumerated below; and
The City's final position has been presented to the City Personnel Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council of the City of Huntington Beach does hereby unilaterally adopt
the Hearing Officer's recommendations contained in his May 6, 1996 report, attached hereto as Exhibit
1, subject to the following exceptions:
A. The hearing officer's recommendation regarding the creation of a detective pay
status shall not be implemented.
B. The hearing officer's recommendation to continue to provide the City's
supplemental retirement benefit shall not be implemented. The City's proposal to
eliminate the supplemental retirement benefit for new hires shall be implemented
when this cost containment provision is applied to new hires from all bargaining
units.
SECTION 2. The hearing officer's recommendations regarding placing a cap on the City's
contributions toward health, dental and optical insurance benefits, and the establishment of a two tier
S F/s: PC D: Resolution: POA lm pas
RLS 96-880
1 / 14/97
medical contribution system for new hires shall be implemented when these cost containment provisions
are applied to all bargaining units.
SECTION 3. The hearing officer's recommendation in favor of the City's final proposal
regarding cost containment changes to the City's health plan shall be implemented. Said proposal is set
forth at ,Sections 2C, 2D and 2E of the City's final position as presented to the Hearing Officer.
SECTION 4. Employees who are eligible to receive compensation for hours of overtime worked
shall be paid in cash until such time as the POA and the City reach agreement on a compensatory time
policy consistent with the hearing officer's recommendation.
SECTION 5. The hearing officer's recommendation that the POA be permitted to administer its
own Long Term Disability Insurance program shall be implemented once the City and the POA reach an
agreement on issues regarding administration, reporting and auditing of the program.
SECTION 6. The hearing officer's recommendation that the City implement a random drug
testing program applicable to all sworn officers represented by the POA shall be implemented by the
department with the same safeguards recommended by the hearing officer.
SECTION 7. The Department is -hereby authorized to implement the hearing officer's
recommended increase in POA release time bank and the accounting for its usage, the change in
language to clarify the meal allowance rule, and the shift selection/seniority exception changes as edited
by the hearing officer.
PASSED AND ADOPTED by the City.Council of the City of Huntington Beach at the regular
meeting thereof held on the 21 stxlay of January , 1997.
ATTEST:
City Clerk
REVIEWED AND APPROVED:
G �ty Administrator ,'
2
SF/s:PCD: Resolution: POAlmpas
RLS 96-880
1 / 16/97
APPROVED AS TO FORM:
City Attorney /-/(-yJ
Depu'tyttty Adini, istrator/
Administrative"Services
FACTFINDING REPORT
In the Hatter of the Factfinding
-between- )
CITY OF HUNTINGTON BEACH, )
the City, )
-and- )
HUNTINGTON BEACH POLICE OFFICERS )
ASSOCIATION (E,BPOA) , )
the Association. )
Re: Impasse Factfinding )
may 6, 1996
Los Angeles, CA
[96050541
FACTFT_NDER'S
FINDINGS, CONCLU-
SIONS, & RECO)OON-
DATI ON S
Joseph F. Gentile
Factfinder
CAEarNo.- 040180
EXHIBIT 1
HB & EBPOA Fact..,nding p. 2 of 16
May 6, 1996
BACKGROUND
The City of Buntington Beach (City) and the
Huntington Beach Police Officers Association (HBPOA) have
a Memorandum of Understanding covering wages, hours and
other terms and conditions of employment for about 240
public safety and 40 miscellan-eous employees of the City's
Police Department (PD).
As a result of negotiations leading to a re-
newed N,emorandum of Understanding, the City and the HBPOA
reached imuasse on certain. items. These items.were then re-
ferred to the factfinding process with the undersigned design-
ated as the Factfinder.
A factfinding hearing was held or. Thursday,
March 14, 1996, at the City hall. The City and the HBPOA
presented their respective views and positions on those
issues at impasse. Having. reviewed the materials submitted,
this Factfinding Report represents the findings, conclusions.
and recommendations of the Factfinder.
The approach. used in this Factfindi.ng Report
will be to address the issues and present a brief summary as
to each issue. A recommendation will follow each si;mmary.
With reference to the factfinding hearing all
parties were afforded a full and complete opportunity to be
heard.
As a threshold matter the Factfinder should
note, though the participants to this process were well
aware, the Factfinder has over twenty-three years of exper-
ience handling all manner, including prior factfindings,
of disagreements between the City and its represented em-
ployees. This disclosure is made for two reasons: first, to
inform those reading this Report who are not familiar with
this history and, second, to state that the findings and
EB & EBPOA Facti.Lnding
Xay 6, 1996
p. 3 of 16
conclusions expressed are based on the material presented,
though the Factfinder's past experience provided insight.
REPRESE2.'TATIVES FOR PARTIES
For EBPOA:
Mark Reid
Peace Officers Counsel of
California
27315 Jefferson Ave., J-217
Temecula, CA 92590
1(909) 698-2327)
IMPASSE ISSUES
For the City:
Daniel C. Cassidy, Esq.
Liebert, Cassidv & Frier-
son
6033 West Century Blvd.
Suite 601
Los Angeles, CA 90045
( (310) 645-6492)
Salary: The City proposed that the salary re-
main at "status quo" -- no increase. The BB?OA proposed per-
centage increases for various classifications ranging from
l'.0% to 10.75%. The EBPOr further proposed increases in cer-
tain "salary step enhancements and assignment compensation,"
such -'as compensation for working "graveyard shift" and extra
compensation for detectives.
Three positions within the PD were used by both
sides as "benchmarks" for salary comparison purposes: Police
Officer, Police Dispatcher and Police Sergeant..
These "benchmark" positions were then compared
with comparable positions within other Orange County cities.
The City used eleven (11) cities for comparison purposes; how-
ever, the same eleven cities were not used for each of the
positions. The EBPOA used eight (8) cities and the County of
BE & HBPOA Fact iding p. 4 of 16
May 6, 1996
Orange for comparison, but HBPOA too did not use the same
cities for all three of the positions.
Certain cities were common to all six of the
lists referenced 13 from the Citv and 3 from the 'HBPOA).
Good advocacy dictates that selected cities enhance the
position being argued; however, the absence of one agreed
to list for uniform use as to all three "benchmark" positions
makes factual analysis difficult. From a Factfinder's per-
spective, the parties should agree on one listing of com-
parable cities.
Compounding this difficulty was the City's
use of "total compensation." by position vis-a-vis the rBPOA's
use of the top salary step.
Given the e_eneral economic climate with its
concomitant impact on the City's financial obligations as
reflected in the budgetary processes, the Factfinder can
not recommend an increase in salary. This recommendation is
made most reluctantly, for, as t-he aBPOA argued, adjustments
in compensation have not been made since 1992 and the Consumer
Price index nonetheless shows a percentage increase, albeit a
modest increase.
The HBPOA argued that to recruit and retain
a high level of offi4er-in the PD and continue to maintain
the level of professional service as reflected in the City's
standing, compensation must be competitive. The Fact -finder
must agree with this position; however, when the "total com-
pensation" package is considered, a competitive position is
being maintained, but on a very thin line. It reasonably
appeared from the data that the 3BPOA's assessment that a
competitive downturn was real or a real possibility enjoyed
factual support. The Citv should be cognizant of this in the
long-term.
The ABPOA's proposal contained requests for
salary step enhancements and assignment compensations. These
requests are found in paragraphs 2a, 2b, 2c and 2d of the
HB s HBPOA Pactfinding p. 5 of 16
May 61 1996
EBPOA's April 21, 1995 letter to the City.
These requests have been fully considered
and no chance will be recommended as to paragraphs 2a, 2c
and 2d. As to paragraph 2b, "detective compensation," the
data indicated that -some referenced cities have provided
for this additional compensation for officers assigned to
perform this function; other cities do not. The City argued
that the major cities do not provide for this form of com-
pensation. The HBPOA requested additional compensation
equalling 7.5%; however, the Factfinder would recommend
only a 2.5% "detective compensation."
Retirement Issues: Paragraph, 3a of the
:BPOA's April 21, 1995 letter was withdraw*:. With reference
to paragraph K the sactfinder would recommend section 2s of
the City's proposal be -adopted.
Miscellaneous Issues: Paragraphs 4, 5, 6
and 7 of the HBPOA's April 21, 1995 letter addressed four
different topics. Having considered these paragraphs, the
sactfinder would not recommend the chances as requested in
paragraphs 4, 5 and 6. As to paragraph 7, this was with-
drawn.
Health and Welfare Benefits: Paragraph 8
of the HBPOA's April 21, 1995 letter proposed certain changes
in this benefit area. The City's section 2 covered this some
area.
Paragraphs 8a and Sc ask that the City con-
tinue payment of any increases in health.insurance benefits
and the Dental and Optical Programs respectively. In section
2, of the City's proposal the City desired to "cap".these
plans at the 1996 premium rates as a "cost containment" measure.
The factfinder need not restate the reasons for "cost contain-
ment" in the health care field as health care costs continue
to increase.
HB s HBPOA Fac-►.-inding p. 6 of 16
May 6, 1996
The available data indicates that cities with
the high monthly maximums all provide for some level of em-
ployee contribution. The referenced cities are all within
Orange County and appear on the various comparative salary
lists noted ante. The exception to this employee participation
is this City. The next lowest city in terms of the maximum
monthly contribution also has no employee contribution; how-
ever, that monthly contribution is $44.00 less than currently
(as of February '96) paid by the City.
It reasonably appears that medical, dental
and vision plans in the City are ripe for the proposed "cap";
thus, the Factfinder would recommend that the City's section
2A proposal be adopted. This is a difficult recommendation
civen the absence of any salary increase; however, the sit-
uation reasonably, appears t0 justify this Proposal.
im.-Plici.t in making this proposal, the HBPOA's
proposals found in paragraphs Sa and 8c are not accepted.
The granting of this proposal, however, should
be contingent upon its application to all enivloyees of the City.
The members of the BBPOA should not be "hung -out -to -dry" on
this one!
The City's second proposal in this area, section
2B, recommends a form of a two-tier medical contribution system
which impacts "new employees." Though two-tier systems raise
the specter of disparate treatment, two factors weigh for the
adoption of section 2B: first, the "new employees" will be well
aware of this condition of employment before taking a position
with the City and, second, the two-tier approach has a schedule
which will lead to its dendse. It appears to be a transitional
devise.
Therefore, the Factfinder would recommend that _
the City's section 2B be adopted, but with the same contingency
as noted ante.
EB & HBPOA Factf inding P. 7 of 16
may 6, 1996
Paragraph Bb of the HBPOA's April 21, 1995
letter asks that long term disability benefits be provided.
In considering this proposal the Factfinder is aware of
a parallel benefit enjoyed by members of the Fire Department;
therefore, the Factfinder would recommend that the members
of the HBPOA receive the same benefit enioved' by the Fire
Department in this area.
With reference to the City's proposals found
in sections 2C, 2D and 2£, the Factfinder would recommend
that they be adopted as they refer to only the City's health
elan.
No reco=endation is made as to paragraph 8d
of the HBPOA's April 21, 1095, proposal.
Self -Funded Suvplemental Retirement Benefits:
The Citv proposed in section 3 that a two-tier approach be
taken as to supplemental Retirement Benefits. The tiers
would be composed of current employees and -new employees
who would be exempted from this benefit.
As a general proposition two -tiering employees
or wages, benefits or other terms and conditions of employ-
ment is not a recommended approach unless there is a reasonable
time when the differentiation ceases -- an -ascertainable ter-
minal date. This proposal fails to have this feature. Absent
this feature, two -tiering is generally employed when draconian
measures are demanded. Though A.
there is a cost benefit to the
City as to this proposal, on balance the Factfinder can not
recommend the adoption of section 3.
Vacation Issues: Vacation issues were raised
in.paragraphs 9 and 10 of the EBPOA's April 21, 1995 letter.
These proposals were withdrawn.
Holidays: Paragraph ll of the EBPOA's April
21, 1995, letter requests that each holiday be based on the
EB 5 HBPOA Factf inding
May 6, 1996
P. 8 of 16
rate of ten hours. Currently Article VII.E of the Memorandum
OIL Understanding provides for eight. This has a cost impact
and, as a matter of priority, the Factfinder felt detective
compensation, a new salary enhancement, should receive any
available funds.
Presidential Release Time: Paragraph 12 of
the HBPOA's April 21, 1996, letter proposed the President
Of the fiePOA be relieved of regular duty and paid by the City
during his term of office as President. This proposal has
a direct cost impact and removes an Officer from service.
This type of provision must be considered in tandem with
the City's section 4A proposal regarding "Association Bank
Time" found in Exhibit B to the Memorandum of Understanding.
The EBPOP. currently receives 800 hours a year
Of bank time to be used for HBPOA business. There is also
a carry over of up to 200 hours of unused time a year. The
data indicates that the EBPOA carried over 122 hours from
fiscal year .04/0.5.
There is also in place a "less -than. -one -hour"
aractice. This means that "less -than -one -hour" is not
deducted from the HBPOA's "Bark Time." The City would like
to remove this practice and modify the language of Exhibit
B to eliminate the word 'substantial' from Section A of
Exhibit B. As a form of quid pro quo the City proposed
some increase in the "Bank Time."
Having considered both proposals (paragraph 12
and section 4A) the Factfinder would recormend that the EBPOA's
"Bank Time" be increased to 1000 hours a year and that 'all
time' be included. This eliminates the "less -than -one -hour"
practice and the word 'substantial' from Section A of Exhibit
R. It reasonably appeared this would meet the representational
demands on the HBPOA. Additionally, the carry over should be
increased to 250 hours of unused time a year.
HB 5 HBPOA Pactfinding
May 6, 1996
p. 9 of 16
Representational Unit/Class: Paragraph 14
of the HBPOA's April 21, 11095 letter proposed a sweeping
change when it called for Article II.B be deleted in its
entirety from the Memorandum of Understanding. Paren-
thetically, the second and third paragraphs of paragraph
14 were withdrawn.
Article II.B addresses unit ;codification and
certain procedures associated with such modification. Having
fully considered this proposal the iactfinder would not
recommend any changes in Article II.B.
Meal Allowance: Section, 4.B of the City ' s
aroposal requested changes in Article XIV.A of the Memorandum
of Understanding. The arcvn-ent supporting the language
changes rests on the conclusion that the current language
is confusing and lends itselt to misinter retation. The
Factfinder would agree the language is not very artful and
can create confusion.
Saving considered this proposal the :actfinder
would recommend the changes uroposed by the City as to Article
XIV.A. It reasonably appears, as the City argued, that these
proposed language chances would clarify meal reimbursements
and eli,-ninate confusion.
Parenthetically, no change in the amounts
reflected in Article XIV.A.2 is recommended and none were
apparently proposed.
Term of M.O.U.: Section 4C of the City's
proposal requested additional language be placed in Article
1 of the Memorandum of Understanding which would allow "meet
and confer" meetings between the City and RBPOA on issues
not specifically covered by existing provisions of the Memorandum
of Understanding.
Article 1 is a combination provision which
expresses the term of the Memorandum of Understanding and,
BB i BBPOA Factfinding
May 6, 1996
P. 10 of 16
at the same time, seems to serve as a "whole agreement/zipper
clause" type of provision.
The City proposal would open dialogue in the
"meet and confer" context as to "issues not specifically covered
by existing provisions of the M.O.U. upon request of the de-
partment." If such a provision would be recommended by the
Factfinder it must be a two-way clause allowing either side to
request a meet and confer on items not covered in the current
Memorandum of Understanding. The City acknowledged in its
data that this should be the situation.
Article 1 is designed to avoid what has been
described by some in the field as the "continuing negotiation
syndrome" where finality and closure of matters are unattain-
able. No Factfinder would recommend such a Dossibility; how-
ever, the City's proposal is narrow in scope and would allow
only issues not specifically covered by existing provisions
to reach a "meet and confer" table.
Having considered
would recommend that this proDosa
restricted in this manner: first,
and second, only issues "not spec
.provisions of the Memorandum -of U
to reach the "meet and confer".ta
this proposal the Factfinder
1 be granted if it is clearly
it is a two-way provision
ifically covered by existing
nderstanding" would be allowed
e.
Overtime & Compensatory Time: Section 4D
of the City's proposal requests that the current language
of Article IX.C.1 be changed. The rationale for this pro-
posed change was extensive and having considered this pro-
posal the Factfinder would recommend the changes as reflecte
in Citv D_oposal 4D.
F'i'O Compensation: Section 4E of the City's
proposal requests certain language changes to Article VII.I
of the N,ennorand-m of Understanding. Having considered this
proposal the Factfinder would not recommend this change be
made. Under the circumstances the Factfinder simply could
not add another "take -away" in the Reportl
EB & HBPOA Factfinding P. 11 of 16
May 6, 1996
Court Standby Time: Section 4F of the City's
proposal requests certain language be added to Article IX.
C.3 of the Memorandum of Understanding. Having considered
this proposal the Factfinder would not recommend this change
be made.
Shift Selection/Seniority Exceptions: Section
4I of the City's proposal would add new language to Article
IX. This language would call for four exceptions when shift
bidding is conducted in accordance with seniority by rank.
All shift bidding in the Ur.=form Division,
Patrol Bureau, is done on a seniority basis. The data in-
dicates that there are three shift changes a year and, other
than probationary officers in training, all shifts and squads
are bid by seniority.
Section. 41 would add exceptions for training
reeds, supervisory concerns, probationary employees and
staffing concerns. The latter, "staffing concerns," is too
broadly drafted and Drovides a basis, if discretion is abused,
for the erosion of the seniority approach. Therefore, the
Factfinder will recommend that the pr000sed lancuage be
adopted, but for Daraaraoh E.4.
Commitment to Area Command: Section 4J of the
City's proposal would add language which mandated that Officers
'be committed to their selected area for a minimum of one year.'
The basis for this proposal rests in the PD's desire to trans-
ition into community -oriented policing (COP) . _
There is considerable merit to this proposal;
however, before this Factfinder would recommend this more data
would be required relative to the current work area changes
under the current terms of the Memorandum of Understanding.
Are Officers changing work areas that often? Do .the current.
work area changes present a problem to COP's implementation?
Therefore, the Factfinder would not recommend this change at
this time, but would recommend this change if the current
HB s HBPOA Factiinding p. 12 of 16
May 6, 1996
work area changes actually impede the implementation of the
COP program.
Special Assignment Rotation: Section 4K of the
Citv's proposal would mandate that special assignments be
limited to a maximum of five years except when departmental
needs require an extension of time.
The data indicated that with the exception of
the Special Enforcement Bureau, there is no limit as to how
long officers may be assigned to special assignments outside
the Uniform Patrol Bureau. Part of the rationale for this
chance was the ability to create movement and enhance experience
for the Officers.
The data did not demonstrate that the absence
o`_ such a mandated limitation created efficiency and effective-
ness issues with the PD's staff. There is always a strong
reluctance to mandate changes when the data fails to -persuasively
establish a real need exists for such action. The Factfinder
did not find such a need in the data; thus, the Factfinder will
not reco=rend this proposal be adopted.
Call Back: Section 4M of tne.City's proposal
would add language to Article IX.C.7 which would conrtence
compensation when an employee is -called back 'at the time the
employee reports for Work as his/her duty assignment.'
In support of this proposal the City cited to
situations where employees were compensated on overtime while
taking showers before making an one-half to one hour commute
to the City to commence work. Under the current approach
abuse is possible and, as some of the examples indicate, abuse
has taken. place. Officers choose where they live and must
assume both the burdens and benefits of such a choice.
Absent from the data was the cost impact of
the current approach and absent this information the Fact-
SB s HBPOA Pact. _nding p. 13 of 16
May .6, 1996
finder is without sufficien— data to make an informed
recommendation on a significant and substantial change in
the manner -in which call back compensation, is handled.
Factfinders are generally hesitant to recommend major changes
to solve abuses, unless the abuses have crossed the Rubicon
of reasonableness.
Therefore, the Factfinder will not recommend
this proposal be granted at this time; however, in making
this recommendation, it should be understood that it is
not condoning abuses of Article IZ.C.7.
Take Home Vehicles: Section. 4N of the City's
proposal would correct what the PD has characterized as
abuses of the 25-mile radius relative to Aeministrative
Regulation 604. The data suggests certain Officers have
circumvented the 25-mile rule and this in turn has created
"favoritism and unfair practice" within the PD.
The 25-mile rule is clear and must be con-
sistently and uniformly applied. Sxceptio::s would fail with-
in the PD's discretion and abuse o` this discretion should
be handled accordingly.
This issue is a real issue; however, the
Factfinder will not make any formal recommendations in this
regard for three primary reasons: first, it can be handled
administratively; second,. it is simply not ripe for. fact-
finding and, third, correcting abuses as stated above is
not the role of the Factfinder unless it is demonstrated that
the abuses have crossed the Rubicon of reasonableness.
Therefore, the Factfinder will make no recommend-
ation as to Section 4N.
Alcohol and Controlled Substance Testing. Policy:
Section 5 of the City's proposal requests random drug testing
HB i HBPOA Factzinding p. 14 of 16
May 6, 1996
for all employees represented by the HBPOA. The rationale
for such an approach in law enforcement is most persuasive
and not easily attacked; however, safeguards must be pro-
vided. The draft Administrative Regulation appended to
the Section 5 proposal attempts to address these safeguards.
£owever, before recommending this proposal
the Fact`_inder must express concern as to these .aspects,
for to meet the fairness and reasonableness tests in admin-
istering random alcohol and controlled substance testing,
these safecuards should be in place:
1) a control procedure to ensure that the
"random" character is truly "random";
2) a safeguard to prevent abuses relative
to the number of "random" tests on a yearly basis; the
percentages reflected in the draft'Administrative Regulation
in Section 8.3 as applied to all HBPOA-represented personnel
appear unreasonable;
3) an oppo-rtunity for an employee with a
"positive reading" after a random test to clear his/her
system in order to successfully pass a test and return to
service; an appropriate and reasonable disci-plinary approach
should be articulated; and
9) a clearly articulated guideline to ensure
the integrity and protocol of the sample taking, chain of
custody, including the testing (and confirmation if positive),
and test result analysis by a certified and independent
lab.
rec
With t
end.random test.
above safecuards, the Factfinder would
as recuested.
Fleet Management_ Proposal: Section 6 of the
City's proposal requests that a representative of the HBPOA
HB & EBPOA Factfinding p. 15 of 16
May 6, 1996
be assicned to a City ,committee that will prepare a com-
prehensive fleet management program for all City depart-
ments.
Factfinders avoid becoming entangled in the
internal affairs of either an employee organization or the
management of a city. Facially, this proposal asks this
Factfinder recommend that the HBPOA assign a representative
to a City policy -making committee. This seems to be an
inappropriate entanglement.
The Fact -finder was also concerned as to the
role and impact of this assicnment on the HBPOA, namely, if
the representative to the committee states or agrees with
some issue, is the HHPOA legally or administratively bound
by the statement or agreement of this representative. _s
the role advisory?
In any event, the Factfinder will not recosm-niend
this DroDosal be aaoDted; however, this should not be read as
encouracement& to avoid participation, for it appears such
Dartic2Dation would be of considerable assistance if the
represent ationa! role is more clearly defined.
RECOMMENDATION
The reco.=endations of the Factfinder were inter-
woven into the text of the Report; thus, they will not be re-
iterated. Some were conditional; however, the data and circum-
stances reasonably appear to dictate this approach.
All of the primary proposals were addressed and
any not identified above should be considered as a "not recommend-
ed."
in making the recommendations the Factfinder
should reiterate that the City's economic and financial posture
E s HBPOA Fay -finding p. 16 of 16
may 6, 1996
greatly influenced .the recommendations, for it is indeed un-
fortunate that a salary status quo and a "cap" on certain
health benefits be recommended at the same time; however ,'
the data supported the recommendations made.
ctfully submitted,
Jo F. Gentile
Fac fi 'er
JFG:kk
May 6, 1996
cos Angeles, CA
i9605054)
Res. No. 97-6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,. CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 21st day of January, 1997 by the following
vote:
AYES: Harman, Dettloff, Bauer, Sullivan, Green
NOES: Julien, Garofalo
ABSENT: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
d
G/resoI uti/resbkpg/96-100
r
Council/Agency Meeting Held: fTj�L - ' `i f Ot I olIf,
Deferred/Continued to:
Wef/Approved ❑ Conditionally Approved ❑ Denied ity Clerk's Sig tune
Council Meeting Date: 10/07/96 1 Department ID Number: AS 96-041
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini
PREPARED BY: ROBERT J. FRANZ, Deputy City Administ
SUBJECT: SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE HUNTINGTON BEACH POL(Ce
OFFICERS ASSOCIATION (POA)
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: To establish by number, rather than percentage, a limit on the
number of Police Officers entitled to be designated as Senior Police Officer..
Fundinq Source: Funding provided in the 1995-96 budget.
Recommended Action: To approve Resolution # 9L— &74 adopting the side
letter of agreement between the City and the POA effective August 7, 1996.
Alternative Action(s): To not approve the side letter of agreement and continue to
designate Senior Police Officer in accordance with the existing Memorandum of
Understanding with the Police Officers Association.
Analysis:
The above side letter has been proposed to resolve a current equity problem pertaining to
Senior Police Officers who have been promoted to Police Sergeant and then demoted to
Police Officer due to budgeting reductions or probationary period failures. This side letter
will allow the Police Department to exceed the current number of authorized Senior Police
Officers by two to correct for the existing inequity. That number will be reduced by attrition
until it reaches a maximum of sixty three (63) authorized. This side letter changes the
formula for the authorization of Senior Police Officers from a percentage (35%) to a specific
number (63). 964 �a Ot 6 1 £ d's
;'.iElb�'H;}'1�� h019Nl:id(1H
G' Alit
)4H313 A113
U3A1333ti
RLQUEST FOR COUNCIL ACTI(jA
MEETING DATE: 10/07/96 DEPARTMENT ID NUMBER: AS 96-041
Environmental Status: None
Attachmentlsl:
-/4 , 96- 9 �(
Resolution to adopt Side Letter
2 Side Letter between the City and POA
0020507.01 -2- 09/30/96 2:21 PM
RESOLUTION NO. 9 6 — 9 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING A SIDE LETTER
OF AGREEMENT WITH THE
HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION
WHEREAS, the City of Huntington Beach ("City") and the Huntington Beach Police Officers
Association ("HBPOA") entered into a Memorandum of Understanding ("MOU') regarding salaries,
benefits and working conditions, which expired on September 30, 1994; and
The City and the HBPOA subsequently met and conferred on a new MOU; and
After protracted negotiations and meetings, an agreement was reached on a number of
amendments to the prior MOU, but an impasse was reached on various other issues; and
Both the City's and the HBPOA's positions have been presented to a hearing officer who has
ruled on the impasse issues; and
The City and the HBPOA are still meeting to resolve the impasse issues based upon the hearing
officer's ruling; and
During these negotiations, the City has continued to honor the existing MOU; and
The HBPOA has filed a grievance concerning senior officer compensation pursuant to the
existing MOU; and
The HBPOA and City Staff have negotiated a settlement of the grievance. This agreement is
contained in the "Side Letter of Agreement Between the City of Huntington Beach and the Huntington
Beach Police Officers Association," attached hereto as Exhibit A. This Side Letter shall be implemented
upon City Council approval of this Resolution, and shall be incorporated into any new MOU; and
SF/s:PCD:Resolut:POAside
9/23/96 - #7
RLS 96-590
NOW, THEREFORE, the City Council of the City of Huntington Beach does resolve as
follows:
Section 1.
1. Compensation of Senior Officers shall be pursuant to the "Side Letter of
Agreement with the Huntington Beach Police Officers Association," effective August 7, 1996.
2. Said Side Letter shall be incorporated into any subsequent MOU with the
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7 th day of oct . , 1996.
ATTEST:
City Clerk
ity Administrator
2
SF/s:PCD:Resolut:PO.Vide
9/23/96 - ":7
RLS 96-590
Mayor
APPROVED AS TO FORM:
96-94
Res. No. 96-94
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of said
City Council at a regular! meeting thereof held on the 7th of October, 1996 by the
following vote:
AYES: Councilmembers: Harman, Leipzig, Bauer, Sullivan, Dettloff,
Garofalo, Green
NOES: Councilmembers: None
ABSENT: Councilmembers: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
G/resoluti/resUpg
Side Letter of Agreement Between
the City of Huntington Beach and
the Huntington Beach Police Officers Association
This is to memorialize an agreement between the City of Huntington Beach and the
Huntington Beach Police Officers Association regarding the Senior Officer Program.
This agreement is to be incorporated into any future Memorandum of Understanding
between the City and the Police Officers Association.
Article VII - Special Pay
E. Senior Officer Program - Senior Police Officer is to be an official designation
entitled to a salary range of 6% above that of top step Police Officer, including
Police Officers assigned to motorcycle duty. The criteria for achieving the Senior
Police Officer designation is as follows:
Five (5) years continuous service with the Huntington Beach Police
Department, and
2. Three years continuous service at "E" Step Police Officer, and
3. Possession of Advanced POST Certificate, and
4. Step 4 or 5 Educational Incentive Program, and
5. Satisfactory performance evaluation as Police Officer.
The maximum number of Senior Officers within the Police Department shall be
sixty three (63). Once having met the qualifications for Senior Officer, selections
will be made solely on the basis of seniority within the Huntington Beach Police
Department. The Department shall be allowed to exceed the total number of
authorized Senior Officers by two upon adoption of this Side Letter. However, no
additional Police Officers may receive the designation of Senior Officer until the
number compensated drops below the maximum number authorized of sixty three
(63).
POA President D to ity Attorn y Date
9/? /'96
City Representative Date
0020180.01
07/23/96 2:30 PM
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied d19 City Clerk's Signatu e
Council Meeting Date: 05/01/95
Department ID Number: AS 95-014
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNQIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini
PREPARED BY: ROBERT J. FRANZ, Deputy City Admin
SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN ItHE CITY A
THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental
6—I
Statement of Issue: The City and the Huntington Beach Police Officers' Association have
completed the meet and confer process with agreement on a new Memorandum of
Understanding (MOU) covering October 1, 1993 through September 30, 1994.
Fundinq Source: 1993/94 City Budget.
Recommended Action: Approve Resolution No. 66 � adopting a Memorandum of
Understanding between the City of Huntington Beach and the Huntington Beach Police
Officers' Association.
Alternative Action(s): Refer back to the meet and confer process to modify the proposed
Memorandum of Understanding with Huntington Beach Police Officers' Association.
Analysis: The representatives of the City and the Police Officers' Association conducted
numerous meet and confer meetings in 1993, 1994 and 1995 to reach agreement on a one
year MOU reflecting changes to the existing MOU. The tentative agreement for 1994
continues the present salary structure with no increase for October 1, 1993 through
September 30, 1994 and deletes the P. E. R. S. rollover benefit as of January 31, 1994. The
City agreed to pay for an increase in the amount of life insurance for Association members.
The Association agreed to cost containment and cost reduction modifications in the City
medical plan, and financial limits on dental and optical plans. The MOU results in a net cost
savings to the City.
C
1 ,�
RLQUEST FOR COUNCIL ACTION
MEETING DATE:
Environmental Status: Not applicable
Attachment(s):
DEPARTMENT ID NUMBER: AS 95-014
Summary of Tentative Agreement.
2. Memorandum of Understanding between the City of Huntington
Beach and the Huntington Beach Police Officers' Association;
October 1, 1993 through September 30, 1994
0011774.01 -2- 04/21/95 10:13 AM
4-17-95
TENTATIVE AGREEMENT
BETWEEN
CITY OF HUNTINGTON BEACH
AND THE POA
Term (Article 1)
October 1, 1993 through September 30, 1994
2. Salary (Article VI)
The same as that in effect on October 4, 1992, as set out in Exhibit "A"
3. Health and Welfare (Article X, A)
The City shall pay medical insurance premiums to a maximum of $525 a month for
eligible employees effective January 1, 1993. Effective January 1, 1994, the maximum
for medical premiums shall be $544. (Article X, A, 4, a)
4. Medical Plan Changes (Article X, A, 4, c)
Modify the City Health Plan to provide the following changes effective January 1, 1994:
a). Elective Outpatient Surgery. - "Plan to pay one hundred percent (100%) of
covered expenses (anesthesia, outpatient surgery, facility use surgeon and pre-
admission) for PPO providers. Plan to pay seventy percent (70%) of the first
$10,000 after the deductible is met for non-PPO providers."
b). "Plan will pay ninety percent (90%) for PPO providers and seventy percent (70%)
for non-PPO providers of usual, customary and reasonable changes, after the
deductible is met. However, in the event of emergency services, the plan will pay
ninety percent (90%) of usual, customary and reasonable changes for non-PPO
providers. Emergency services are defined as.following: services which are
immediately required to treat a sudden, serious and unexpected illness or injury,
including services to alleviate severe pain associated with sudden serious and
unexpected illness & injury."
5. Dental Plan (Article X, A, 4, h)
Effective January 1, 1994, the City shall pay dental premiums to a maximum of ninety
nine dollars ($99) per month.
6. Optical (Article X, A, 4, 1)
Effective January 1, 1994, the City shall pay optical premiums to a maximum of thirteen
dollars ($13) per month at a composite rate.
0011425.01
04/21 /95 10:20 AM
7. , Personnel Rule 8-1 (Article XIII)
The City and Association agree to meet during the term of this agreement on proposed
revisions of Personnel Rule 8-1. The parties agree that the impasse procedures will
not apply to these discussions.
8. MOU Changes
a). Equipment/Special Uniform Needs (Article Vill, B)
Delete "Batons, speed reloaders"
b). Bereavement Leave (Article XII, D)
Effective the first day after ratification of the POA and the City Council:
"Immediate family is defined as father, mother, sister, brother, spouse, children,
grandchildren and grandparents of the employee or spouse."
c). Holidays Worked (Article IX, C, 4)
Effective after ratification of the City Council:
"Employees who work on a recognized City holiday shall be compensated at their
premium hourly rate (time and one-half) for time actually worked from 12:00 a.m.
through 11:59 p.m."
d). K-9 Compensation (Article VII, J)
Effective after ratification of the City Council:
"Employees assigned to K-9 duty to receive ten (10) hours of compensatory time
per month for time spent maintaining their assigned animal."
9. Certified Flight Instructors (Article VII, C)
Effective October 1, 1994
"Up to two employees may be assigned as certified flight instructors. Employees
assigned as certified flight instructors shall receive $450 per month as flight pay."
10. PERS Rollover (Article XI, A, 3)
"No unit employee shall be allowed to apply for or continue this benefit (PERS pick up
and vacation accrual) beyond January 31, 1994."
11. Life Insurance (Article X, B)
"The City will provide $10,000 of term life insurance. Effective May 1, 1995, the City
will provide $40,000 term life insurance without evidence of insurability other than
evidence of working full time. An additional $10,000 of life insurance may be
purchased, at the employees cost, with evidence of insurability."
William H. Osness Date POA Date
0011425.01
-2-
04/21 /95 10:20 AM
RESOLUTION NO. 6690
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON.BEACH POLICE OFFICERS' ASSOCIATION
AND THE CITY OF HUNTINGTON BEACH FOR 1993 -1994
The City Council of the City of Huntington Beach does hereby resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and
the Huntington Beach Police Officers' Association, effective October 1, 1993 through
September 30, 1994, a copy of which is attached hereto and by reference made a part
thereof, and the City Administrator is authorized to execute this agreement. Such
Memorandum of Understanding shall be effective for the term October 1, 1993, to
September 30, 1994.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the ist day of May 11995.
ATTEST:
City Clerk
REVIEWED AND APPROVED:
LIZ
City Administrator
/`�
Z-1.�
Mayor
APPROVED AS TO FORM:
2,::ZZ��
City Attorney
�,•� ,, ,ice
Deputy City Jkdm'-
G: Reso1: MOUPOA\4/21 /95
RLS 95-223
POA MOU
TABLE OF CONTENTS
P_REAM BLE........... ............. ............ .......... ... ................................... :............
ARTICLE I - TERM OF MOU........................................................................................................1
ARTICLE III - MANAGEMENT RIGHTS.......................................................................................3
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT.......................................................3
ARTICLE V - SEVERABILITY......................................................................................................3
ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP..........................................................3
ARTICLEVII - SPECIAL PAY......................................................................................................4
A. POLICE EDUCATIONAL INCENTIVE PLAN........................................................................................4
B. FLIGHT PAY.................................................................................................................................5
C. CERTIFIED FLIGHT INSTRUCTORS.................................................................................................5
D. SHIFT DIFFERENTIAL - NON SWORN.............................................................................................5
E. SENIOR OFFICER PROGRAM........................................................................................................5
F. MOTOR PAY...............................................................................................................................6
G. SPECIAL CERTIFICATION - SKILL PAY...........................................................................................6
1. Bilingual Skill.........................................................................................................................6
2. Nurse Employees Certification..............................................................................................7
H. HOLIDAY PAY.............................................................................................................................7
I. FTO COMPENSATION...................................................................................................................7
J. K-9 COMPENSATION....................................................................................................................7
ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT........................................7
A. UNIFORMS..................................................................................................................................7
B. EQUIPMENT/SPECIAL UNIFORM NEEDS.........................................................................................8
C. MOTORCYCLE BRITCHES.............................................................................................................8
ARTICLE IX - HOURS OF WORK/OVERTIME............................................................................8
POA MOU
TABLE OF CONTENTS
A. SHIFTS DEFINED.........................................................................................................................8
B. TEN PLAN..................................................................................................................................8
C. OVERTIME..................................................................................................................................8
1. Compensatory Time..............................................................................................................8
2. Work Time.............................................................................................................................8
3. Court Standby Time..............................................................................................................9
4. Holidays Worked................................................................................................................... 9
5. Court Appearance Time........................................................................................................ 9
6. Non -Court Standby Time......................................................................................................9
7. Call Back...............................................................................................................................9
8. Pay In Lieu of Compensatory Time .......................................................................................9
D. WEEKEND MILITARY DRILLS........................................................................................................9
ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS..................................................9
A. HEALTH.....................................................................................................................................9
1. Medical..................................................................................................................................9
2. Dental..................................................................................................................................10
3. Optical.................................................................................................................................10
4. Eligibility Criteria and Cost...................................................................................................10
a. Premiums.........................................................................................................................10
b. Dependent Health Coverage...........................................................................................10
c. Medical Plan Changes Effective January 1, 4Q-921994..................................................10
d. Plan Deductibles.............................................................................................................11
e. Elective Surgeries...........................................................................................................11
f. Chiropractic Services.......................................................................................................11
g. Dental Plan......................................................................................................................11
h. Optical.............................................................................................................................11
B. LIFE INSURANCE.......................................................................................................................11
C. INCOME PROTECTION PLAN........................................................................................................12
POA MOU
TABLE OF CONTENTS
D. MISCELLANEOUS......................................................................................................................12
ARTICLE XI - RETIREMENT.....................................................................................................12
A. BENEFITS.................................................................................................................................12
1. CHP Retirement Plan..........................................................................................................12
2. Self -Funded Supplemental Retirement Benefit...................................................................13
3. PERS Rollover.....................................................................................................................13
4. Medical Insurance for Retirees...........................................................................................13
ARTICLE XII - LEAVE BENEFITS.............................................................................................14
A. VACATION................................................................................................................................14
1. Anniversary Date.................................................................................................................14
2. Annual Vacation..................................................................................................................14
3. Vacation Allowance.............................................................................................................14
4. Eligibility and Permission.....................................................................................................15
5. Vacation - When Taken.......................................................................................................15
6. Terminal Vacation Pa v........................................................................................................15
7. Receipt of Vacation Pay......................................................................................................15
8. Conversion to Cash.............................................................................................................15
B. HOLIDAYS................................................................................................................................15
C. SICK LEAVE.............................................................................................................................16
D. BEREAVEMENT LEAVE..............................................................................................................16
E. ASSOCIATION BUSINESS............................................................................................................16
ARTICLE XIII - CITY RULES......................................................................................................16
ARTICLE XIV - MISCELLANEOUS............................................................................................17
A. MEAL ALLOWANCE....................................................................................................................17
1. Per Diem.............................................................................................................................17
2. Per Diem Schedule.............................................................................................................17
B. MILEAGE ALLOWANCE...............................................................................................................17
POA MOU
TABLE OF CONTENTS
ARTICLE XV - CITY COUNCIL APPROVAL.............................................................................18
EXHIBIT A - POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE................................19
EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME....................20
EXHIBITC..................................................................................................................................22
RETIREE SUBSIDY MEDICAL PLAN........................................................................................22
SCHEDULEOF BENEFITS.......................................................................................................23
A. MINIMUM ELIGIBILITY FOR BENEFITS...........................................................................................23
B. DISABILITY RETIREES................................................................................................................23
C. MAXIMUM MONTHLY SUBSIDY PAYMENTS...................................................................................24
INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES...........................................................25
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS.................................25
A. ELIGIBILITY...............................................................................................................................25
B. BENEFITS.................................................................................................................................27
C. SUBSIDIES...............................................................................................................................27
D. MEDICARE....................................................:..........................................................................28
E. CANCELLATION....................................................:....................................................................28
EXHIBIT D - EMPLOYEE HEALTH PLAN.................................................................................30
EXHIBIT E - DELTA CARE (PMI) BROCHURE.........................................................................31
EXHIBIT F - DELTA DENTAL BROCHURE..............................................................................32
EXHIBIT G - VISION CARE (VSP) BROCHURE........................................................................33
EXHIBIT H - PERSONNEL RULE CHANGES...........................................................................34
A. RULE 5-14, PROMOTIONAL EXAMINATIONS.................................................................................34
B. RULE 5-20, DURATION OF EMPLOYMENT LISTS...........................................................................34
C. RULE 8-3 LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE....................................................34
D. RULE 8-11, RE-EMPLOYMENT...................................................................................................34
E. RULE 18-19, MATERNITY LEAVE................................................................................................35
F. RULE 19-5, STEP 4, CITY ADMINISTRATOR.................................................................................35
iv
POA MOU
TABLE OF CONTENTS
G. RULE 19-5(B). HEARING...........................................................................................................35
H. RULE 21-7, HEARING OFFICERS................................................................................................35
I. RULE 21-12, TIME, EXTENSION OF..............................................................................................36
MEMORANDUM OF UNDERSTANDING
Between
_ --- _ _. _----_------.---.-._-- - THE CITY OF HUNTINGTON BEACH - - - -
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
(Hereinafter called ASSOCIATION or POA)
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, 1993, and it is agreed as follows:
ARTICLE I - TERM OF MOU
This Memorandum of Understanding shall be in effect for a term commencing on
October 1, 1993, and ending at midnight on September 30, 1994 except as expressly provided
herein, no further improvements or changes in the salaries and monetary benefits and other
terms and conditions of employment 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 and other terms and
conditions of employment for the employees represented in the unit which would take effect
prior to September 30, 1994, and the City of Huntington Beach or the ASSOCIATION shall not
be required to meet and confer as to any such request.
A. 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.
B. The CITY and the ASSOCIATION have agreed to a procedure whereby the CITY, by
and through the Personnel Director, would be entitled to propose a Unit Modification.
The ASSOCIATION and the CITY agree to jointly recommend a modification of the
City of Huntington Beach Employer -Employee Relations Resolution (#3335) upon the
CITY's having completed its obligation to meet and confer on the issue with all other
bargaining units. The CITY hereby agrees not to propose a unit modification of the
existing POLICE ASSOCIATION unit and that the existing POA unit is the appropriate
unit to represent the classification listed in Exhibit A.
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The proposed change to the Employer -Employee Relations Resolution is as follows:
- - -1. -- 7-:3 Personnel Director Motion -,of Unit -Modification - The Personnel Director -
may propose, during the same period for filing a Petition for Decertification,
that an established unit be modified in accordance with the following
procedure:
a. The Personnel Director shall give written notice of the proposed unit
modification to all employee organizations that may be affected by the
proposed change. Said written notification shall contain the Personnel
Director's rationale for the proposed change including information
which justifies the change pursuant to the criteria established in
Section 6-5 for Appropriateness of Units. Additionally, the Personnel
Director shall provide all affected employee organizations with all
correspondence, memoranda, and other documents which relate to
any input regarding the unit modification which may have been
received by the CITY or from affected employees and/or sent by the
CITY to affected employees and/or sent by the CITY to affected
employees;
b. Following receipt of the Personnel Director's proposal for unit
modification, any affected employee organization shall be afforded not
less than thirty (30) days to receive input from its members regarding
the proposed change and to formulate a written and/or oral response
to the motion for unit modification to the Personnel Commission;
c. The Personnel Commission shall conduct a noticed Public Hearing
regarding the motion for unit modification at which time all affected
employee organizations and other interested parties shall be heard.
The Personnel Commission shall make a determination regarding the
proposed unit modification which determination may include a granting
of the motion, a denying of the motion, or other appropriate orders
relating to the appropriate creation of bargaining units. Following the
Personnel Commission's determination as to the composition of the
appropriate units, it shall give written notice of such determination to
all affected employee organizations.
d. Any party who chooses to appeal the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of
Section 14-4 of Resolution #3335.
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ARTICLE III - MANAGEMENT RIGHTS
Except as- expressly abridged -or modified hereirf, -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, 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, 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 IV - EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the adoption of this Memorandum of Understanding shall
not change existing terms, conditions of employment which have been established in prior
agreements between CITY and ASSOCIATION.
ARTICLE V - SEVERABILITY
If any section, sub -section, sentence, clause, phrase or portion of this MOU or any additions or
amendments thereof, or the application thereof to any person, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this resolution or its application to other
persons. The City Council hereby declares that it would have adopted this MOU and each
section, sub -section, sentence, clause, phrase or portion, and any additions or amendments
thereof, irrespective of the fact that any one or more sections, sub -sections, sentences,
clauses, phrases or portions, or the application thereof to any person, be declared invalid or
unconstitutional.
ARTICLE VI - SALARY SCHEDULE 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 attached hereto
and incorporated herein.
B. Each non -sworn employee covered by this agreement shall be reimbursed an amount
equal to 7% of the 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.
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C. Each sworn employee covered by this agreement shall be reimbursed an amount
equal to 9% of the employees part of their PERS contribution. The above PERS
----- icku is --not base --salary- but is --done pursuant* to Section- 414 h 2 of the- Interval- - -_._—
P P- rY P ()� ).
Revenue Code.
ARTICLE VII - SPECIAL PAY
A. Police Educational Incentive Plan
1. The Educational Incentive Plan shall be continued for sworn personnel as
follows:
Continuing
College
Education
Education
Units
Incentive
POST
College
Maximum
Years of
Required
Monthly
Level
Certificate
Units
Training
HBPD
Annually
Amount
Service
Units Points
I
Intermediate
30
20+
10
1
6
$ 100.00
II
Intermediate
60
40+
20
1
3
$ 150.00
III
Advanced
90
60+
30
2
1 3
$ 300.00
IV
Advanced
120
0
3
3
$ 300.00
V
Advanced
150
120+
30
3
0
$ 300.00
2. Stipulations:
a. College major shall be Police Science, Criminology, Political Science,
Sociology, Law, Business Administration, Public Administration,
Psychology or closely similar field as approved by the Chief of Police
and Education Committee.
b. Initial eligibility must be approved by the Chief of Police. An
acceptable yearly performance evaluation, signed by the Chief of
Police, is required. No incentive shall be taken away without just
cause.
c. Training points approved by POST may be substituted for college
units, on the following schedule: 10 of 30, 20 of 60, 30 of 90.
d. Pay to be effective first month following approval.
e. After 120 units of B.A. or POST approved training points may be
substituted for college units without limit.
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f. Repeat college courses credited as determined by the college.
g. Repeat POST approved seminars, institutes, etc., credited as
determined by the Chief of Police.
h. All college units require grade of "C" or better to qualify.
i. Obtaining transcripts or other acceptable documentation in employee's
responsibility.
j. Employee may choose between POST training points or college units
where a choice is available. No change allowed once choice is made.
No double credit allowed.
B. Flight Pay - Employees assigned to duty as helicopter flight personnel shall receive
$370 per month in addition to their applicable salary.
C. Certified Flight Instructors - Up to two employees may be assigned as certified flight
instructors. Employees assigned as certified flight instructors shall receive $450 per
month as flight pay.
D. Shift Differential - Non Sworn - Non sworn members required to work on a regular
assigned shift that occurs between the hours of 4:00 P.M. and 2:00 A.M., OR 9:00
P.M. and 7:00 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.
E. Senior Officer Program - Senior Police Officer is to be an official classification
carrying a "salary range of 6% 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:
1. Five (5) years continuous service with the Huntington Beach Police
Department, and
2. Three years continuous service at "E" Step Police Officer, and
3. Possession of Advanced POST Certificate, and
4. Step 4 or 5 in Educational Incentive Program, and
5. Satisfactory performance evaluation as Police Officer.
The number of Senior Officers shall be maintained at 35% of the total number of
Police Officers within the Police Department. Once having met the qualifications for
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e
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Senior Officer, selections will be made solely on the basis of seniority within the
Huntington Beach Police Department.
F. Motor Pay:
1. Employees assigned to motorcycle duty shall receive a flat rate of $300 per
month for hazardous duty pay.
2. Employees may drive their motorcycle to and from their residence to their
place of work if such travel does not exceed 200 miles per week excluding
overtime.
3. In consideration of the motor officers receiving the foregoing compensatory
duty pay, the ASSOCIATION agrees that any time spent on maintenance
and/or cleaning of motorcycles, as described below, while off duty and
away from their place of employment is not considered to be time worked
for purpose of salary or overtime calculations. The Department shall
supply necessary materials needed to perform the following duties:
a. Keeping the assigned motorcycle cleaned and waxed.
b. Keeping the drive chain properly lubricated and adjusted.
c. Performing a daily check of the motorcycle fluid levels and tire
pressure.
d. Scheduling required routine services at specified mileage intervals
with police motorcycle mechanics.
G. Special Certification - Skill Pay
1. Bilingual Skill - Qualified employees who meet the criteria will be paid a
monthly pay differential of 5% of their base pay. The Police Chief will have
written and oral tests designed and administered to test for qualifications.
The qualifications will cover the more routine foreign language
requirements in filling out crime reports, interviewing suspects and
witnesses, and responding to the public on matters relating to an incident
or other police action.
a. The languages included will be; Spanish, Vietnamese and sign
language.
b. Authorization of qualified employees for bilingual compensation will be
based on the following:
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1) 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.
c. Successful completion of tests authorized by the Police Chief will be
required to qualify for differential pay for any of the languages.
Retesting may be done on an annual basis.
2. Nurse Employees Certification -
employees time off with pay to
maintain certification requirements.
The CITY shall allow licensed nurse
attend required courses necessary to
H. Holiday Pay - 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 (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 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).
I. FTO Compensation - Compensation shall be ten (10) hours of straight book time or
straight time pay for each cumulative 40 hour block of actual field training for the
following:
a. Police Officers who have successfully completed a POST certified
Field Training Officer Course and have been designated field training
officers, assigned to Traffic or Patrol Bureaus, shall be eligible for field
training officer compensation.
b. Detention Officers designated to act as training officers.
c. Motor officers designated to act as training officers.
J. K-9 Compensation - Employees assigned to K-9 duty to receive ten (10) hours of
compensatory time per month for time spent maintaining their assigned animal.
ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. Uniforms - The CITY shall continue the Uniform Allowance in lieu of the CITY
providing uniforms for employees represented by the ASSOCIATION. Such
allowance shall be $700 per year; payable quarterly to those employees on active
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duty during that quarter, separately from payroll checks. It is the mutual intent of the
parties that this allowance shall be utilized solely for the purpose of replacing,
repairing and- maintaining -uniforms and clothing -Worn -in the line --of duty. ---The CITY
will continue to make initial issuance of required uniforms and replace uniforms and
equipment damaged in the line of duty including safety equipment required by state
law, City resolution or ordinance, or by order of the Chief of Police.
B. Equipment/Special Uniform Needs - SWAT uniforms and equipment shall continue to
be provided by the CITY.
C. Motorcycle Britches - Motorcycle officers shall receive four pairs of britches at the
time of assignment. After initial issue, replacement britches may be issued on the
recommendation of the Traffic Bureau Commander with approval of the Department
Head. All replaced britches must be turned in when replacement britches are
received.
ARTICLE IX - HOURS OF WORK/OVERTIME
A. Shifts Defined - Employees will be considered as assigned to the afternoon shift (4:00
P.M. to 2:00 A.M.) or the night shift (9:00 P.M. to 7:00 A.M.) when five (5) or more
hours of their regularly assigned shifts occur in the afternoon or night shift as defined
herein.
B. Ten Plan
1. 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.
2. Employees are entitled to work four (4) days per week, ten (10) hours each
day, meal times to be included during the ten (10) hour shift.
C. Overtime - Employees shall receive time and one half their salary rate for all time
worked in excess of 40 hours during any given payroll week.
1. 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.
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b. Sick leave shall be counted as hours worked for purposes of this
section.
c. Non -court standby time.
3. Court Standby Time - Employees required to be on standby 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 VII)
for each morning and afternoon court session.
4. Holidays Worked - Employees who work on a recognized City holiday shall
be compensated at their premium hourly rate (time and one half) for time
actually worked from 12:00 A.M. through 11:59 P.M.
5. 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.
6. Non -Court Standby Time- An employee who is placed on standby status by
his supervisor shall receive four hours straight time pay for each 24 hour
period of standby status.
7. Call Back- Employees who are called back to work will be paid a minimum
of two hours pay at the rate of time and one half their regular hourly rate.
8. 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. Compensatory time is paid at the employee's straight
time rate for the actual hours worked; not at the time and one half rate that
compensatory time is earned.
D. Weekend Military Drills - The City shall continue to pay for weekend military drills for
employees hired prior to July 1, 1988 and currently belonging to federal military
reserve units. All other employees shall be granted rights in accordance with all
applicable state and federal laws.
ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS
A. Health:
1. Medical:
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a. The CITY shall continue to provide group medical benefits to all
employees with coverage and other benefits comparable to the group
-medical plan currently -in effect: - - -
b. The CITY will pay medical claims under the Employee Health Plan
within thirty (30) days of the receipt of the claim or provide written
notice to the claimant of the reason for delay.
2. Dental - Employees shall continue to be covered by dental plan benefits
equal to those currently being provided by the CITY as modified in Exhibit
E and F. The Dental Plan will include a $25 deductible per person per
year.
3. Optical - Optical Plan benefits will provide for one (1) pair of eyeglasses
every twelve (12) months, subject to the terms and conditions of the current
policy.
4. Eligibility Criteria and Cost:
a. Premiums - The CITY shall pay health insurance premiums to
maximum of $544 a month for full family coverage for eligible
employees effective January 1, 1994
b. Dependent Health Coverage - The CITY will assume payment for
dependent health insurance, subject to paragraph 4a above, effective
the first of the month following the month during which the employee
completes one (1) year of full time continuous service with the CITY.
c. Medical Plan Changes Effective January 1, 1994:
1) Elective Outpatient Surgery - Plan to pay one hundred
percent (100%) of covered expenses (anesthesia, outpatient
surgery, facility use, surgeon and pre -admission) after the
deductible is met for PPO providers.
Plan to pay seventy percent (70%) of the first $10,000 after
deductible is met for non-PPO providers.
2) Plan will pay ninety percent (90%) for PPO providers and
seventy percent (70%) for non-PPO providers of usual,
customary and reasonable charges, after the deductible is
met. However, in the event of emergency services, the plan
will pay ninety percent (90%) of usual, customary and
reasonable charges for non-PPO providers. Emergency
services is defined as the following: Services which are
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immediately required to treat a sudden, serious and
unexpected illness or injury, including services to alleviate
---- - - - -- ---- severe -pain -associated with sudden serious-and.unexpected--
illness or injury.
3) Eliminate Supplemental Accident Benefit (expenses covered
same as any other medical expense).
4) In -Patient Hospitalization - Plan will pay 90% of covered
expenses, after deductible is met, for Preferred Provider In -
Patient Hospitalization costs and Preferred Provider Major
Medical expenses and 100% of covered expenses after the
employee has reached the out of pocket expense maximum of
$1,000 (up to the Plan maximum). If a non -Preferred Provider
is utilized, the plan will pay 80% of covered expenses on the
same basis.
d. Plan Deductibles - The Medical Insurance Plan deductible shall be
One Hundred Fifty Dollars ($150) per person; and the maximum
deductible per family shall be Four Hundred Fifty Dollars ($450) during
any period of benefit entitlement as described in the City's Employee
Health Plan.
e. Elective Surgeries - The elective surgeries listed in Exhibit D, Part VIII,
will require a second opinion from a list of authorized physicians. The
CITY shall provide such list of physicians mutually agreeable to CITY
and 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 on an emergency
basis without reasonable time for a second opinion.
f. Chiropractic Services - Chiropractic limits are provided under major
medical to a maximum of 24 treatments or $2,000 per year.
g. Dental Plan - Effective January 1, 1994, the City shall pay dental
premiums to a maximum of ninety nine dollars ($99) per month.
h. Optical - Effective January 1, 1994, the City shall pay optical
premiums to a maximum of thirteen dollars ($13) per month at a
composite rate.
B. Life Insurance - Effective May 1, 1995, the City will provide $40,000 term life
insurance without evidence of insurability other than evidence of working full time. An
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C. Income Protection Plan:
1. 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 (60) 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 (60) 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).
Disability Due to Accident Disability Due to Illness
First 60 Days Regular Pay Regular Pay
Next 24 Months 66 2/3% of Base Pay Same
To Age 65 66 2/3% of Base Pay None
2. Days and months refer to calendar days and months. Benefits under the
Plan are integrated with Workers' Compensation, Social Security and other
non -private program benefits to which the employee may be entitled.
Disability is defined as the inability to perform all of the duties of regular
occupation during two years and thereafter the inability to engage in any
employment or occupation for which he/she is fitted by reason of education,
training or experience.
3. 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.
4. Survivors benefit continues plan payment for three (3) months beyond
death.
D. Miscellaneous - The CITY and the ASSOCIATION agree to establish and participate
in a city-wide joint labor and management insurance. benefits advisory committee to
discuss and study issues relating to insurance benefits available for employees.
ARTICLE XI - RETIREMENT
A. Benefits:
1. CHP Retirement Plan - The CITY will provide, for all safety personnel
represented by the ASSOCIATION whose retirement is effective or whose
death occurs after July 1, 1978, Public Employees' Retirement System
retirement benefits computed by utilizing the two percent at age fifty (50)
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death occurs after July 1, 1978, Public Employees' Retirement System
retirement benefits computed by utilizing the two percent at age fifty (50)
formula- commonly referred to --as the California- Highway- Patrol -(CHP) -- - -
Retirement Plan.
2. Self -Funded Supplemental Retirement Benefit - In the event a PERS
member elects Option #2 (Section 21333) of the Public Employee's
Retirement law, the CITY shall pay the difference between such elected
option and the unmodified allowance which the member would have
received for his/her life alone. This payment shall be made only to the
member, shall be payable by the CITY during the life of the member, and
upon that member's death, the CITY's obligation shall cease. The method
of funding this benefit shall be at the sole discretion of the CITY. This
benefit is vested for employees covered by this agreement. (Note: The
options provide that the allowance is payable to the member until his/her
death, and then either the entire allowance, Option 2, or one-half of the
allowance, Option 3) is paid to the beneficiary for life.)
3. PERS Rollover - Each employee, eligible for service retirement, may have
his/her PERS pickup and vacation accrual reported as compensation for all
or any part of the twelve (12) month period prior to his/her service
retirement date upon written request to the Director of Finance. Such
modified reporting shall be limited to a maximum period of twenty-four (24)
months preceding retirement. Requests for retroactivity, if permitted by
PERS, will be decided on an individual basis and shall require the approval
of the Personnel Director. No unit employee shall be allowed to apply for
or continue this benefit (PERS pick-up and vacation accrual) beyond
January 31, 1994.
4. Medical Insurance for Retirees:
a. Upon retirement (whether service or disability) each employee shall
have the following options in regards to medical insurance under CITY
sponsored plans:
1) With no change in benefits, retirees can stay in the CITY's
Employee Health Plan or an HMO Plan offered by the CITY at
the retiree's own expense for the maximum time period
required by Federal Law (COBRA), or
2) Employees retiring after approval of this MOU may participate
in the Retiree Medical Plan described in Exhibit C.
3) Sworn personnel who have been placed on industrial
disability retirement subsequent to January 31, 1974, shall be
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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: -
a) The expiration of three calendar years following the date
of the industrial disability retirement, or
b) The retirees obtaining eligibility for coverage under a
comparable medical plan, or
c) Eligibility to participate in any City sponsored retiree
medical plan at retiree's own cost. Retiree's who cease
to participate may exercise any conversion privileges
then in existence.
ARTICLE XII - LEAVE BENEFITS
A. Vacation:
1. Anniversary Date - For the purpose of computing vacation, an employee's
anniversary date shall be the most recent date on which he/she
commenced full-time City employment.
2. 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 permanent employees, whether full-time or part-
time, shall be entitled to annual vacation with pay except the following:
a. Employees who have not completed six (6) months of continuous
service with the City.
b. Employees who work less than full-time who are not permanent.
C. Employees on leave of absence.
3. Vacation Allowance - Permanent employees in the City's service, having an
average work week of forty (40) hours, shall accrue annual vacation with
pay in accordance with the following:
a. For the first through the fourth year of continuous service, vacation
time will be accrued at the rate of 112 hours per year.
b. After the fifth year and through the ninth year of continuous service,
vacation time will a accrued at the rate of 136 hours per year.
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c. For the tenth year and through the fourteenth year of continuous
service, vacation time will be accrued at the rate of 160 hours per
d. After the fifteenth year and thereafter of continuous service, vacation
time will be accrued at the rate of 192 hours per year.
4. Eligibility and Permission - 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.
5. 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.
6. 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/she is entitled up to and including the effective date of
his/her termination.
7. Receipt of Vacation Pay - Upon two weeks written notification to the
Director of Finance, 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.
8. Conversion to Cash - An employee may elect to take up to 80 hours of pay
per calendar year for accrued vacation in lieu of time off. Such pay may be
reported to PERS as salary. It is the intent of the parties that employees
will take vacation during the current year.
B. Holidays - The following are the recognized legal holidays under this MOU:
1. New Year's Day (January 1)
2. Martin Luther King's Birthday (third Monday in January)
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
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7. Veteran's Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
- -- - 9.-- --Friday after Thanksgiving----- _ --- - -- --- - - -
- - Y 9 9-
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a national
holiday, or by the Governor of the State of California to be a state holiday,
and adopted as an employee holiday by the City Council of the City of
Huntington Beach.
Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
C. Sick Leave:
1. 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.
2. 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.
D. Bereavement Leave - Employees shall be entitled to bereavement leave not to
exceed three working days in each instance of death in the immediate family.
Immediate family is defined as father, mother, sister, brother, spouse, of children,
grandchildren and grandparents of the employee or spouse.
E. Association Business - An allowance of 800 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 the rules indicated in Exhibit B.
Up to 200 hours per year of unused hours may be carried over to the subsequent
year.
ARTICLE XIII - CITY RULES
The CITY and the ASSOCIATION agree to implement the rule changes and accordingly revise
the Personnel Rules as described in Exhibit H. The CITY and ASSOCIATION agree to meet
during the term of this agreement on proposed revisions to Personnel Rule 8-1. The parties
agree that the impasse procedure will not apply to these discussions.
0011777.01 -16- 04/24/95 2:37 PM
POA MOU
ARTICLE XIV - MISCELLANEOUS
. ea - owance:
1. Per Diem - Employees shall be entitled to per diem under the following
circumstances:
a. Personnel are on work assignments, attending seminars, meetings or
training sessions which extend beyond their normal work hours or
require lodging. Meeting which include a meal may be reimbursed at
the actual cost of the meeting or meal.
b. Personnel are unexpectedly delayed or assigned at a location away
from the City when the time extends beyond the normal meal period.
Employees must contact their supervisor by phone to obtain
authorization.
c. When on assignment in excess of 25 mile radius beyond their normal
work station.
d. Expenses other than listed in a, b, or c may be considered for
reimbursement (receipt required) at the discretion of the Division
Commander.
e. Receipts are not required providing that the employee's expenses do
not exceed the $45 limit and the expenses are in accordance with the
above rules.
2. Per Diem Schedule - $45 per 24 hour period or prorated as follows;
breakfast - $10.00, Lunch - $15.00, Dinner - $20.00
B. Mileage Allowance:
1. 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 23a per mile.
0011777.01 -17- 04/24/95 2:37 PM
F
POA MOU
ARTICLE XV - 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 day of 11995.
CITY OF HUNTINGTON BEACH
By: �/ ' y
Michael T. Uberuaga
Citv Administrator -i
By: By:
Ronald E. Lo nberg
Chief of Poli
By: By:
William H. Osness
Personnel Director
DoAd J:" ewis
P rs n 1 ManE
Vaniel Cassidy
Chief Negotiator
APPROVED AS TO FORM
By. r
ail Hutton /_
City Attorney
INGTON BEACH
P ICE OFF ERS' ASSOCIATION
Richard Wright
POA President
Guarnera
� Representative
Tom Gi ga
POA epre entative
i om ugpnq 'iy
POA Representative
0011777.01 -18- 04/20/95 4:22 PM
EXHIBIT A
- - ----- -CITY OF HUNTINGTON BEACH
POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 4, 1992
..
..-
Classification
Range
4334
Police Recruit
364
2321
2449
2584
2727
2887
4332
Police Officer
437
3342
3526
3720
3924
4141
4333
Police Officer Sr.
449
3546
3742
3949
4165
4394
3360
Police Sergeant
484
4228
4460
4704
4963
5235
3324
General Svcs Officer
457
3692
3895
4110
4335
4574
6370
Comm. Operator
399
2765
2917
3078
3248
3427
6372
Comm. Supervisor
426
3163
3337
3520
3715
3919
4325
Detention Officer
407
2879
3037
3203
3380
3565
4324
Detention Officer Nurse
415
2993
3158
3331
3515
3709
4326
Detention Officer Senior
423
3118
3290
1 3470
3661
3862
0011777.01 -19- 04/24/95 2:37 PM
POA MOU
EXHIBIT B
GUIDELINES FOR THE -USE OF -THE -ASSOCIATION BANK TIME
A. Any substantial' time used for the Huntington Beach Police Officers' Association
business while the member is using that time, is on a working status and this time will
be deducted from the Association Bank, as per the Memorandum of Understanding.
B. Any Association member desiring to use Association time, while they are on duty,
shall obtain permission for their immediate supervisor, then from the President of the
Association.
An Association member shall, on all but emergency situations, give adequate
advance notice to his/her supervisor when requesting time off for Association
business. If the employee's absence is less than one hour, use of Association bank
time is not required. If the employee is away from work in excess of one hour, an
Association book -time slip for all time away from work is required.
In the event that the President of the Association is not available to grant permission,
the Vice -President will then have the responsibility to make the appropriate decision.
If the Association member's immediate supervisor will not grant the person who is
requesting time off for Association business, then the President shall be immediately
notified by the member.
If the business is of such a nature that it must be conducted by that particular
Association member, then the President will take the matter to the Division level and
every effort will be made to resolve the issue.
C. Any member using Association time, while on duty, will submit an Association Bank
Time Form and an overtime request form to the President. The member must write
on top of the overtime form 'ASSOCIATION BANK TIME OFF" and the payroll
exception form will be signed by the supervisor and the President of the Police
Officers' Association or his representative.
The communique will have the exact time and date that was used for the Association
business, the location where the business was conducted.
D. Those Association members that may use the Association Bank are:
1. President of the Huntington Beach Police Officers' Association
2. Board of Directors of the Huntington Beach Police Officers' Association.
' 1. Substantial time, being defined as that time in excess of one hour and where the Association member
is not available for duty until the Association business is concluded.
0011777.01 -20- 04/24/95 2:37 PM
POA MOU
EXHIBIT B
GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME
A. Any substantial' time used for the Huntington Beach Police Officers' Association
business while the member is using that time, is on a working status and this time will
be deducted from the Association Bank, as per the Memorandum of Understanding.
B. Any Association member desiring to use Association time, while they are on duty,
shall obtain permission for their immediate supervisor, then from the President of the
Association.
An Association member shall, on all duty emergency situations, give adequate
advance notice to his/her supervisor when requesting time off for Association
business. If the employee's absence is less than one hour, use of Association bank
time is not required. If the employee is away from work in excess of one hour, an
Association book -time slip for all time away from work is required.
In the event that the President of the Association is not available to grant permission,
the Vice -President will then have the responsibility to make the appropriate decision.
If the Association member's immediate supervisor will not grant the person who is
requesting time off for Association business,. then the President shall be immediately
notified by the member.
If the business is of such a nature that it must be conducted by that particular
Association member, then the President will take the matter to the Division level and
every effort will be made to resolve the issue.
C. Any member using Association time, while on duty, will submit an Association Bank
Time Form and an overtime request form to the President. The member must write
on top of the overtime form "ASSOCIATION BANK TIME OFF" and the payroll
exception form will be signed by the supervisor and the President of the Police
Officers' Association or his representative.
The communique will have the exact time and date that was used for the Association
business, the location where the business was conducted.
D. Those Association members that may use the Association Bank are:
1. President of the Huntington Beach Police Officers' Association
2. Board of Directors of the Huntington Beach Police Officers' Association.
' 1. Substantial time, being defined as that time in excess of one hour and where the Association member
is not available for duty until the Association business is concluded.
0011750.01 -21- 04/20/95 1:28 PM
POA MOU
3. Members assigned to committees designated by the President or the Board
of Directors.
4. PORAC Representative.
5. Any other Association member designated.
E. All memorandums and overtime requests will be forwarded to payroll and the copies
will be sent to the Secretary of the Association for accounting purposes.
0011750.01 -22- 04/20/95 1:28 PM
POA MOU
applied toward the City medical plan as supplemental coverage provided
the retired employee pays the balance necessary for such coverage, if any.
4. In the event of the death of any employee, whether retired or not, the
amount of the retiree medical insurance subsidy benefit which the
deceased employee was receiving at the time of his/her death would be
eligible to receive if he/she were retired at the time of death, shall be paid
on behalf of the spouse or family for a period not to exceed twelve (12)
months.
SCHEDULE OF BENEFITS
A. Minimum Eligibility for Benefits - With the exception of an industrial disability
retirement, eligibility for benefits begin after an employee has completed ten (10)
years of continuous service with the City of Huntington Beach. Said service must be
continuous unless prior service is reinstated at the time of his/her rehire in
accordance with the City's Personnel Rules.
B. Disability Retirees - Industrial disability retirees with less than ten (10) years of
service shall receive a maximum monthly payment toward the premium for health
insurance of $40 for retirements after 10/1/87, $80 after 10/1/88, and $121 after
10/1/89. Payments shall be in accordance with the stipulations and conditions which
exist for all retirees. Payment shall not exceed dollar amount which is equal to the full
cost of premium for employee only.
0011777.01 -23- 04/24/95 2:37 PM
POA MOU
C. Maximum Monthly Subsidy Payments - All retirees, including those retired as a result
of disability whose number of years of service prior to retirement exceeds ten
- -�—shall �e eniitled to maximum monthly payment of premiums by the City for each year
of completed City service as follows:
Maximum Monthly Payment
for Retirements After:
Years of Service
10/1/87
1011/88
10/1/89
10/1/92
10
$ 40
$ 80
$ 121
$ 121
11
44
88
132
136
12
48
97
145
151
13
53
105
158
166
14
57
113
170
181
15
61
122
182
196
16
65
130
195
211
17
69
138
207
226
18
73
146
220
241
19
77
155
232
256
20
81
163
244
271
21
86
171
257
286
22
90
179
269
300
23
94
188
282
315
24
98
196
294
330
25
102
204
306
344
26
106
213
319
27
110
221
331
28
115
229
344
Note: The above payment amounts may be reduced each month as dependent
eligibility ceases due to death, divorce or loss of dependent child status.
However, the amount shall not be reduced if such reduction would cause
insufficient funds needed to pay the full premium for the employee and the
remaining dependents. In the event no reduction occurs and the remaining
benefit premium is not sufficient to pay the premium amount for the employee
and the eligible dependents, said needed excess premium amount shall be
paid by the employee.
0011777.01 -24- 04/24/95 2:37 PM
POA MOU
INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES
- -Benefits - - - Cify Plari� Employees- Cif y Plan
Non -Subsidized Retirees, Subsidized Retiree Plan
COBRA -Eligibles
In -Patient Hospital Benefits 90% (PPO) of UCR after
deductible
70% (Non-PPO) after deductible
Deductible Per Person $150
Maximum Per Family $450
Maximum Out -of -Pocket $1,000
Expenses (Excludes Deductible): $2,000
Per Person
Per Family
Accident Benefit (Medical)
Prescription Drugs
Deductible Generic
Non Generic
Mail Order Generic
Mail Order Non -Generic
Major Medical
None (Covered Same as Other
Expenses)
PCs
$5
$8
$4
$6
90% (PPO) of UCR after
deductible
70% (Non-PPO) of UCR after
deductible
70% of UCR after deductible
$200
$500
$1,500
$3,000
None (Covered Same as Other
Expenses)
PCs
$5
$8
$4
$6
70% of UCR after deductible
Note: Retirees who elect to participate in HealthNet or Family Health Plan (FHP) shall be
entitled to benefits of the program chosen.
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the
various employee groups shall be the first of the month following retirement
date.
2. A retiree may change plans, add dependents, etc., during annual open
enrollment. Personnel shall notify covered retirees of this opportunity each
year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual
years of completed service with the City of Huntington Beach.
' This summary list only those benefit provisions that differ between active and subsidized Retiree Plans. The
Employee Health Plan Document should be consulted for detailed questions about specific benefits. Benefits
are subject to modification through the meet and confer process.
0011777.01 -25- 04/24/95 2:37 PM
POA MOU
4. When a retiree is eligible for medical plan coverage at the expense of
another employer due to post -retirement employment of the retireeor
- ---- - ----espouse--bf--the-'fetiree, the retiree and his/her spouse mus_f take that
coverage regardless of benefit level and shall be deleted from any City
Plan coverage. Exceptions to this requirement are limited to the following:
a. A retiree is not required to enroll in such 'bther" medical plan
coverage if there is significant disparity between the benefits provided
by the "other" medical plan and the Retiree Subsidy Medical Plan as
defined below. 'Significant disparity" means coverage available under
the 'tither" medical plan is restrictive or limited in one or more of the
following ways:
1) No in -patient hospitalization coverage.
2) No major medical benefits
3) Annual deductible is $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the 'bther" medical plan policy.
Exceptions will be made only if the 'bther" medical plan benefit
provisions are comparable to the guidelines under B above.
c. Miscellaneous Provisions:
1. Benefits provided under the Retiree Subsidy Medical Plan will
be coordinated with the 'bther' medical plan as the primary
carrier.
2. The City shall have the right to require any retiree to provide a
copy of the "other" medical plan policy for review by the
Risk Manager.
5. When a retiree becomes eligible for the other group coverage and then
becomes no longer eligible, he/she may have the subsidy reinstated and
regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree Subsidy
Medical Plan or they may choose to exercise COBRA rights along with the
retiree.
0011777.01 -26- 04/24/95 2:37 PM
POA MOU
7. When a retiree becomes 65 and has eligible dependents under 65, said
dependents are eligible to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not
covered.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN),
Prescription Card System (PCS), Orange County Preferred Provider
Organization (OCPPO) and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and over,
with Medicare the secondary payer. Retirees age 65 and over have no City
Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
b. HealthNet.
c. Family Health Plan (FHP)
d. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements
3. Employees who retire on or after the following dates shall be eligible for the
subsidy based on years of completed service with the City.
October 1, 1997: MEO, MEA, POA, MSOA, FA and PMA.
0011777.01 -27- 04/24/95 2:37 PM
POA MOU
July 1, 1988: Non -Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of Medicare
at no cost. Those without sufficient credited quarters are still eligible for
Medicare at age 65, but will have to pay for Part A of Medicare if the
individual elects to take Medicare. In all cases, Part B of Medicare is paid
for by the participant.
2. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the subsidy shall pay for Part A for
each of them or the maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her
spouse is not eligible for paid Part A, the spouse shall not receive subsidy.
When a retiree at age 65 is not eligible for paid Part A of Medicare and
his/her spouse who is also age 65 is eligible for paid Part A of Medicare,
the subsidy shall be for the retiree's Part A only.
E. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be
eliminated on the first day of the month in which the retiree reaches
age 65. If such retiree was covering dependents under the Plan,
dependents will be eligible for COBRA continuation benefits effective
as of the retiree's 65th birthday.
b. Dependent coverage will be eliminated upon whichever of the
following occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event
such dependent reaches age 65 prior to the retiree reaching
age 65.
0011777.01 -28- 04/24/95 2:37 PM
POA MOU
July 1. 1988: Non -Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of Medicare
at no cost. Those without sufficient credited quarters are still eligible for
Medicare at age 65, but will have to pay for Part A of Medicare if the
individual elects to take Medicare. In all cases, Part B of Medicare is paid
for by the participant.
2. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the subsidy shall pay for Part A for
each of them or the maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her
spouse is not eligible for paid Part A, the spouse shall not receive subsidy.
When a retiree at age 65 is not eligible for paid Part A of Medicare and
his/her spouse who is also age 65 is. eligible for paid Part A of Medicare,
the subsidy shall be for the retiree's Part A only.
E. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be
eliminated on the first day of the month in which the retiree reaches
age 65. If such retiree was covering dependents under the Plan,
dependents will be eligible for COBRA continuation benefits effective
as of the retiree's 65th birthday.
b. Dependent coverage will be eliminated upon whichever of the
following occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event
such dependent reaches age 65 prior to the retiree reaching
age 65.
0011750.01 -29- 04/20/95 1:28 PM
POA MOU
EXHIBIT D
EMPLOYEE HEALTH PLAN DOCUMENT
A copy of the Employee Health Plan Document
may be obtained for the
Insurance and Benefits Division
0011777.01 -30- 04/24/95 2:37 PM
POA MOU
EXHIBIT E
- DELTA -CARE PLAN BROCHURE
A copy of the Delta Care Plan Brochure
may be obtained for the
Personnel Division
0011777.01 -31- 04/24/95 2:37 PM
POA MOU
EXHIBIT F
-_ - DELTA DENTAL PLAN BROCHURE - - - -
A copy of the Delta Dental Plan Brochure
may be obtained for the
Personnel Division
0011777.01 -32- 04/24/95 2:37 PM
POA MOU
EXHIBIT G
- - -------- - -- - VISION CARE PLAN BROCHURE
A copy of the Vision Care Plan Brochure
may be obtained for the
Personnel Division
0011777.01 -33- 04/24/95 2:37 PM
POA MOU
EXHIBIT H
PERSONNEL RULE CHANGES
A. Rule 5-14, Promotional Examinations - Promotional examinations may be conducted
whenever, in the opinion of the Personnel Director, after consultation with the
Department Head, the need of the service so requires; provided, however, a
promotional examination may not be given unless there are two (2) or more
candidates eligible for each position to be filled. Only employees who meet the
requirements for the vacant position may compete in promotional examinations.
Promotional examinations may include any of the selection techniques, or any
combination thereof, mentioned in Section 5-13. Additional factors including, but not
limited to, performance rating and length of service may be considered. A
promotional employment rating and length of service may be considered. A
promotional employment list shall be established after the administration of a
promotional examination.
B. Rule 5-20. Duration of Employment Lists - Employment lists shall remain in effect for
one (1) year from the date of the last examination, unless sooner exhausted. Closed
promotional lists and entry level employment lists may be extended prior to expiration
date by the Personnel Director when requested by the Department Head, for
additional periods, but in no event shall an employment list remain in effect for more
than two (2) years. Names placed on entry level lists shall be merged with others
already on the list in order of scores.
C. Rule 8-3 Layoff In Accordance with Length of Service. Determination of Length of
Service. Professional. Scientific and Executive Classes - Layoff shall be made in
accordance with the relative length of the last period of continuous service of the
employees in the class of layoff, provided however that no permanent employee shall
be laid off until all temporary, acting and probationary employees in the competitive
service holding positions in the same class in the same department are first laid off.
Except as otherwise provided in this part, in determining length of service scores, one
point shall be allowed for, each complete month of full-time service in the class of
layoff or demotion and in classes that, at the time notice of layoff is given, have the
same or a higher maximum salary. One-half point shall be allowed for each complete
month of full-time service in all other classes.
D. Rule 8-11. Re -Employment - With the approval of the Personnel Director, an
employee who has resigned in good standing from the competitive service may be re-
employed to his former position, if vacant, or to a vacant position in the same or a
comparable class within one (1) year from date of resignation in accordance with
Rule 5-21. If such re-employment commences within ninety (90) days of the effective
date of resignation, the employee shall not be considered a new employee for
vacation and seniority purposes.
0011777.01 -34- 04/24/95 2:37 PM
POA MOU
E. Rule 18-19, Maternity Leave - A permanent employee shall be entitled to a leave of
absence without pay due to inability to work due to pregnancy. The employee will be
- - -- entitled to use available sick leave during this period. Said leave must be requested
in writing from the Department Head and must include written notification from the
employee's physician stating the last day the employee may work and estimated
duration of leave. The employee must obtain written authorization to return to work
from the attending physician. Said authorization must be filed with the Department
Head and the Personnel Director.
F. Rule 19-5, Step 4, City Administrator - If the grievance is not settled under Step 3, the
grievance may be presented to the City Administrator in accordance with the following
procedure: Within fifteen (15) days after the time the decision is rendered under Step
3 above, a written statement of the grievance shall be filed with the Personnel
Director who shall act as hearing officer and shall set the matter for hearing within
fifteen (15) days thereafter and shall cause notice to be served upon all interested
parties.
The Personnel Director, or his representative, shall hear the matter de novo and shall
make recommended findings, conclusions and decision in the form of a written report
and recommendation to the City Administrator within five (5) days following such
hearing. The City Administrator may, at his/her discretion, receive additional
evidence or argument by setting the matter for hearing within ten (10) days following
his/her receipt of such report and causing notice of such hearing to be served upon
the employee, employee organization and the Personnel Director.
Within five (5) days after receipt of the Personnel Director's report, or the hearing
provided for above, if such hearing is set by the City Administrator, the City
Administrator shall make written decision and cause such to be served upon the
employee or employee organization and the Personnel Director.
G. Rule 19-5(b), Hearing - As soon as practicable thereafter, the Personnel Director
shall set the matter for hearing before a hearing officer either selected by mutual
consent of the parties or from a list approved by the Personnel Commission.
Ratification of the hearing officer selected by mutual consent of the parties, if from a
list approved by the Personnel Commission shall not require separate approval or
ratification by the Personnel Commission. The hearing officer shall hear the case
and make recommended findings, conclusions and decision in the form of a written
report and recommendation to the Personnel Commission. In Lieu of the hearing
officer process, the Personnel Commission may agree to hear a case directly upon
submission of the case by mutual consent of the parties.
H. Rule 21-7, Hearing Officers - The hearing officer provided for in Rules 19 and 20
shall be from a list provided by the Personnel Commission or one selected by mutual
consent of the parties.
0011777.01 -35- 04/24/95 2:37 PM
POA MOU
Rule 21-12, Time, Extension of - Upon writte
n
0011777.01 -36- 04/24/95 2:37 PM
Res. No. 6690
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of said
City Council at a regular meeting thereof held on the 5th of May, 1995 the
following vote:
AYES: Councilmembers:
Harman, Bauer, Leipzig, Dettloff, Green, Garofalo
NOES: Councilmembers:
Sullivan
ABSENT: Councilmembers:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
G/kw/resbkpg
4
RCA ROUTING SHEET
INITIATING DEPARTMENT:
ADMINISTRATIVE SERVICES
SUBJECT:
POA MOU
COUNCIL MEETING DATE:
May 1, 1995
A ATTACHMENTS:: . ..... .....
!!STATUS:::
... .........
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (if applicable)
Not Applicable
Commission, Board or Committee Report (if applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
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..... . EXPLANATIONfORVIS ING ATTACHMENTS
:.EXPLANATION :.i!FOR ���RETURN,.iiOF ITEM
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