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HomeMy WebLinkAboutHBPOA - Huntington Beach Police Officers Association - 1998-07-06r��e (fjeF r '� �rjG55- "�GseSol9J7P� f, CITY OF HUNTINGTON BEAC MEETING DATE: 11-15-99 DEPARTMENT ID NUMBER: PD 99-017 Council/Agency Meeting Held: ; bred/Continued to: /Approved ❑ Conditionally Approved ❑ Denied ,/-n-1- 4 17- Ii Clerk's Sianature Tao, Council Meeting Date: 11-15-99 1 Department ID Number: PD 99-017 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS�d t SUBMITTED BY: Ray SILVER, City Administrator 61W PREPARED BY: Ronald LOWENBERG, Chief of Police > j> `D SUBJECT: Approve Side Letter to MOU between the Cg he Police Officers Association to allow FTO compensation fornication1OpeAtors designated to act as training officers. we No99 9. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: In order to improve operational efficiency in the Communications Unit, it is proposed that training of new Communication Operators be assigned to designated qualified operators and they receive Field Training Officer compensation. Funding Source: The anticipated cost of $4500 per year can be absorbed by salary savings in the Communications Personnel Services salary account. Recommended Action: Approve Resolution No. 046 a resolution of the City Council of the City of Huntington Beach to amend the Memorandum of Understanding between the City and the Police Officers Association (POA) by adding the attached side letter of the agreement to allow Communication Operators Field Training Officer compensation when designated to act as training officers. Alternative Action(s): Do not adopt the side letter thereby requiring Communication Supervisors to retain the sole training responsibility for new employees. Analysis: Currently Communications Supervisors are solely responsible for training new employees. Staffing shortages place unique demands on the supervisors who must divide their duties between supervising, call taking, dispatching and training. New employee training can be better served by transferring this duty to experienced and qualified Communication Operators. Unit supervisors can then attend to the daily business of the unit and supervise RCA for FTO dispatch -2- 11/02/99 1:09 PM AUTHOR: Traffic /,' REQUEST FOR COUNCIL ACTION MEETING DATE: 11-15-99 DEPARTMENT ID NUMBER: PD 99-017 the operation. This will improve operational efficiency within a unit that traditionally suffers from staffing shortages. This will bring the training of Communication Operators in compliance with the POA MOU dealing with the training of new officers in patrol, traffic, and the jail unit. Environmental Status: None Attachment(s): RCA for FTO dispatch -3- 11/02/99 1:09 PM AUTHOR: Traffic RESOLUTION NO. 9 9 — 9 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE SIDE LETTER BETWEEN THE HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION AND THE CITY OF HUNTINGTON BEACH REGARDING FIELD TRAINING OFFICER (FTO) COMPENSATION FOR COMMUNICATIONS OPERATORS The City Council of the City of Huntington Beach does resolve as follows: The Side Letter between the City of Huntington Beach and the Huntington Beach Police Officers Association ("POA"), a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute this Agreement. Such Side Letter shall become effective upon City Council approval of this Resolution, and expires on September 30, 2000, the date the current Memorandum of Understanding between the City and POA expires. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15 th day of November , 1999. Mayor ATTEST: APPROVED AS TO FORM: City Clerk ty Attorney -7f REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad n nistrator rector of Administrative Services SF-Mesolutions:POA Side Letter RLS 99-727 10/20/99 - #2 Res. No. 99-9�P 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 15th day of November, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 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 (HBPOA) regarding Field Training Officer (FTO) Compensation for Communications Operators. This agreement amends the existing memorandum of Understanding between the City and HBPOA from the date ratified by the City Council through the MOU expiration date of September 30, 2000. Article VII-SPECIAL PAY Paragraph I is amended as follows: 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 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. d. Communication Officers designated to act as training officers. It is the understanding of the City and HBPOA that this side letter to the existing MOU 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 side letter to the Memorandum of Understanding this (5:Ll''day of-Getober-1999. No✓cmba� CITY OF HUNTINGTON BEACH Ray ver City Administrator Ronald E. Chief of F William H. Osness Personnel Director APPROVED AS TO FORM: tl- X -q9 Gail Hutton G--4- City Attorney HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION Russell Reinhart HBPOA President HBPOA Board Member RCA ROUTING SHEET INITIATING DEPARTMENT: Police SUBJECT: MOU Side Letter Approval with POA COUNCIL MEETING DATE: 1 I-1' 1 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable 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. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, 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 . ................................ :.EXPLANATION.... .,FOR RETURNF IfiEM* 17) V,� /NJ /` 01fliN �� OJ`%le,�5- �P/eo50%rJZL Council/Agency Meeting Held: VLO14D Deferred/Continued to: VApprov d ❑ Con 4 ionally Appro ed ❑ Denied 507y (iO Clerk's Signature Council Meeting Date: 01/19/99 Department ID Number: AS-99-02 CITY OF HUNTINGTON BEACH' = 4 REQUEST FOR ACTION a '-3 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR ao?l .7 C21) E v.� > PREPARED BY: JOHN P. REEKSTIN, rADMINISTRATIVE SERVICES DIRECTOR SUBJECT: Approve Side Letter to MOU Between the City and the POA to Adopt a 7-11.5 Trial Work Schedule for Police Patrol 0 Ar /0� _ z Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Statement of Issue: The City and the Police Officers' Association (P.O.A.) have a Memorandum of Understanding through September 30, 2000. Police Management is desirous of changing the work schedule of Senior patrol employees from a four-day/ten hour to a 7-11.5-work schedule for a two-year trial period. Work schedule changes are subject to "meet and confer" requirements. Funding Source: No additional funds are necessary. Recommended Action: Approve Resolution No. a Resolution of the City Council of the City of Huntington Beach to amend the Memorandum of Understanding between the City and the Police Officers' Association by adding the attached side letter of agreement to initiate a 7-11.5 work schedule on a trial basis for employees assigned to the Patrol Bureau. Alternative Action(s): Do not adopt the side letter thereby retaining the status quo of a 4- 10 work schedule for the Patrol Bureau. Analysis: A committee of mid -managers, supervisors and line -level officers has spent several months researching alternative work schedules. The committee has completed its work, reaching a consensus on a modification of Santa Ana's 7-12" plan, customized to meet Huntington Beach's staffing and deployment needs. It is felt that this new deployment, which is described below, will result in improved overall police coverage of the City. The 7-11.5" plan is based on a rotating 80-hour work period. The first week, officers work three 11.5-hour workdays and have the next four days off. The following week, officers work four 11.5 workdays and have the next three days off. The cycle repeats itself every two weeks. There will be three primary shifts: day shift will work from 0600 hours to 1730 hours, afternoon shift will work from 1500 hours to 0230 hours, and night shift will work from 1900 UWAT All r 01/13/99 2:29 PM REQUEST FOR ACTION MEETING DATE: 01/19/99 DEPARTMENT ID NUMBER: AS-99-02 hours to 0630 hours. Additionally the plan includes a small cover shift from 1630 hours to 0400 hours to augment the busy weekend night shifts. This plan provides several benefits to the City. Many police departments in Orange County offer some type of 3-12-work schedule. The proposed plan will not only make Huntington Beach more attractive to prospective new and lateral police officer applicants, but also help in retaining the quality officers already employed here. The 7-11.5" plan also provides improved overall police coverage of the City. The officers are more equitably distributed and there is enhanced overlap coverage during high activity periods. The plan remains simplistic enough to provide ease in scheduling as it continues to utilize the squad system that has been in place for years. In addition, this plan should increase officer morale and productivity. Like their peers in other cities Patrol officers will get additional days off per month in exchange for working an extra hour and one half each workday. This schedule is expected to provide overtime savings because with the improved overlap coverage, fewer officers should be held over beyond the end of their shift. Sick time usage should also decrease due to improved morale. This proposed work schedule was a collaborative effort that is supported by both police management and the H.B.P.O.A. The plan will benefit the City, the Police Department, and the employees. Additionally, as this plan is based on our existing squad model and actually provides more equitable weekly coverage, it is ideal for the continuation of our strong commitment to Community Oriented Policing. This is a no cost proposal that will increase our recruitment abilities, provide improved overall police coverage of the City, benefit the officers by increasing time off, and improve overall departmental morale. Environmental Status: None Attachment(s): RCA Author: WHOsness 7.5WK -2- 01/13/99 2:29 PM ATTACHMENT #1 RESOLUTION NO. 99-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE SIDE LETTER BETWEEN THE HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION AND THE CITY OF HUNTINGTON BEACH TO ADOPT A 7-11.5 TRIAL WORK SCHEDULE FOR POLICE PATROL The City Council of the City of Huntington Beach does resolve as follows: The Side Letter between the City of Huntington Beach and the Huntington Beach Police Officers Association ("POA"), a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute this Agreement. Such Side Letter shall be effective for the term January 1, 1999 through December 31, 2001. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th ATTEST: City Clerk REVIEWED AND APPROVED: City Adofifnistrator day of January , 1999. 76-,-A Mayor APPROVED AS TO FORM: City Attorney�. INITLYED AND APPROVED: //,/ i96-.L - Di ctor of Administrative Services SF/s:SF-99 Resolut:POA-0112 RLS 99-010 1/12/99 - #1 HOURS OF WORK/OVERTEWIE SIDE LETTER EFFECTIVE DATE: JANUARY 23, 1999 - 7-11.5 plan Beginning with the January 1999 shift change, a limited "7-11.5" work schedule will be implemented for designated employees of the Patrol Bureau only. The 7-11.5 schedule will be implemented on a trial basis for the purposes of evaluation from the January 1999 shift change to the January 2001 shift change, and is subject to termination at the option of the City, following at least a 30-day notice of intent to terminate. If during or at the end of the evaluation period the provision to terminate the plan is exercised, all personnel who were assigned to the 7-11.5 schedule will revert back to the 4-10 work schedule which was in existence immediately prior to January 1, 1999. Workday A workday for employees assigned to the 7-11.5 work schedule will consist of 11 hours and 25 minutes of work, meal times to be included in the shift. Work Period For those employees working 11 hours and 25 minutes a day, the "work period" will consist of two consecutive weeks with 3 shifts of 11 hours and 25 minutes in one week and 4 shifts of 11 hours and 25 minutes in the second week. The total hours for these two consecutive weeks shall be considered equaling eighty (80) hours. The two -week cycle then repeats itself. Work Shifts The primary work. shifts in the 7-11.5 work schedule will be as follows: Watch One will work 0605 hours to 1730 hours, Watch Two will work 1505 hours to 0230 hours, Watch Three will work 1635 hours to 0400 hours, and Watch Four will work 1905 hours to 0630 hours. Overtime Employees shall receive time and one-half their salary rate for all time worked in excess of their regularly scheduled shift and/or 80-hour work period. All other provisions of the contract not amended by the above shall remain the same. IN WITNESS WHEROF, the parties hereto have executed this side letter to the Memorandum of Understanding this 7t' day of January, 1999. CITY OF HUNTINGTON BEACH Ray Silver City Administrator Ronald F Chief of A -- William Osness Personnel Director APPROVED AS TO FORM: City Attorney HUNTINGTON BEACH POLICE OFFICERS AS CIATATION Christo her Tatar HBPOA President tep en . Fullmer BB150A Board Member Res. No. 99-5 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 19th day of January, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan NOES: None ABSENT: Green L�eSr�t.G T City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services/Personnel SUBJECT: SIDE LETTER TO M.O.U. BETWEEN THE CITY AND P.O.A. ADOPTING 7-11.5 PATROL WORK SCHEDULE COUNCIL MEETING DATE: January 19, 1999 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 Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) 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 Find ings/Cond itions for Approval and/or Denial Not Applicable -Administrative Staff -Assistant City Administrator (Initial) City Administrator (Initial) City Clerk (Below Space For City Clerk's Use Only) RCA Author: VVHOoneos Cleary, Chris From: Sent: To: Subject: Importance: Dapkus, Pat Friday, April 16, 1999 11:27 AM Cleary, Chris POA Side Letter High Chris, I need to get a copy of the side letter. Following the email exchange with Shari, she and I spoke. I told her I would give it one more shot to find the original either in the attorney's office or Ray's office. I know we've looked before. If we are not successful, we'll have them redo the sideletter and get new signatures. c3... Cleary, Chris From: Sent: To: Cc: Subject: Dapkus, Pat Friday, April 16, 1999 9:17 AM Donoho, Shari; Cleary, Chris Fogarty, Patti RE: POA Side -Letter I believe Silver signed it to get it on the agenda and then the MOU reps were going to sign it afterward. -----Original Message ----- From: Donoho, Shari Sent: Thursday, April 15, 1999 6:31 PM To: Dapkus, Pat; Cleary, Chris Cc: Fogarty, Patti Subject: POA Side -Letter Importance: High Chris in the City Clerk's Office has asked John to help them locate the original, executed side -letter to the POA MOU re: Trial Work Schedule. Bill Osness remembers that Mr. Silver wanted to be the last signature on this side -letter. Is it possible your office still has possession of the original? Please advise. Cleary, Chris From: Dapkus, Pat Sent: Friday, April 16, 1999 9:26 AM To: Donoho, Shari; Cleary, Chris Cc: Fogarty, Patti Subject: RE: POA Side -Letter Given the length of time since this was on the agenda, if no one can locate, its probably time to reprint and have it re -signed. -----Original Message ----- From: Donoho, Shari Sent: Thursday, April 15, 1999 6:31 PM To: Dapkus, Pat; Cleary, Chris Cc: Fogarty, Patti Subject: POA Side -Letter Importance: High Chris in the City Clerk's Office has asked John to help them locate the original, executed side -letter to the POA MOU re: Trial Work Schedule. Bill Osness remembers that Mr. Silver wanted to be the last signature on this side -letter. Is it possible your office still has possession of the original? Please advise. I/ Council/Agency Meeting Held: 17%LI9 y Deferred/Continued to: GZ 1-71J V(Ap roved ❑ Conditionally Approved ❑ Denied D you --City Clerk's Signature Council Meeting Date: July 6, 1998 Department ID Number: AS 98-020 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION 9� 57 fT SUBMITTED TO: HONORABLE MAYOR AND CITY COUNC SUBMITTED BY: RAY SILVER, City Administratol`�' PREPARED BY: ROBERT J. FRANZ, Deputy City Administn SUBJECT: MEMORANDUM OF UNDERSTANDING B THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) 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, 1997 through September 30, 2000. Funding Source: City Budget. See attached Fiscal Impact Statement. Recommended Action: 1. Approve Resolution No. 969- 5 7 adopting a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. 2. Appropriate $362,180 to pay the increased salary and benefit costs for 1997/98. 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 1997 and 1998 to reach agreement on a new MOU. On December 11, 1997, a formal impasse was declared and the mediation process was selected as a means to resolve the impasse. With the assistance of a State Mediator, the issues were resolved with a tentative agreement. REQUEST FOR COUNCIL ACTION MEETING DATE: July 6, 1998 DEPARTMENT ID NUMBER: AS 98-020 This is a three (3) year agreement to expire September 30, 2000. It includes a four (4) percent salary increase April 1, 1998 and a three (3) percent salary increase on January 8 and April 1, 2000. The City agrees to pay for all health costs through the year 2000 and the Association agrees that the maximum City contribution for medical, dental and vision will be the rates in effect on January 1, 2000. Further, the Association agrees to a limit on the City contribution to medical premium costs, for new employees, to the highest of the HMO rates in effect. The Association also agrees that new hires shall not be eligible for the self funded supplemental retirement benefits. The Association and City have agreed upon a new compensatory time policy, weapon vesting policy and have agreed to meet and confer on new issues which arise during the term of the contract. A summary of the agreement is attached. Environmental Status: Not applicable. Attachment(s): 1. 1 Summary of Tentative Agreement 2. Resolution Po . 99-57 3. Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association; October 1, 1997 through September 30, 2000 4. Fiscal Impact Statement 5. POA MOU Legislative Draft RCA Author: 0032255.01 -2- 06/26/98 9:28 AM ATTACHMENT #1 SUMMARY AGREEMENT POA/CITY 1. Term: (Article 1) 3 Years - October 1, 1997, through September 30, 2000. 2. Salary: (Article VI) 4% -April 1, 1998 3% - First full pay period in January 2000 3% - First full pay period in April 2000 3. Health Cost Containment: (Article X A/Exhibit C) A. City's 1998 Contribution Toward Health Costs -- To be effective May 1, 1998. B. Health Insurance Caps -- The City "caps" its contribution toward employee monthly health insurance premiums by category and plan at the rate effective January 1, 2000, for the year ending December 31, 2000: MONTHLY = CITY HEALTH. DELTA:..:;:.::::DELTA;::> ::::::;; ;::.::.......: PREMIUMS*_ `PLAN NET_.:. PACIFICARE DENTAL :: ;;'_;;_CARE ...,:_.:;;SAFEGUARD ; (Vision):.' EMPLOYEE ONLY $238.62 $153.26 $150.21 $ 34.59 $ 21.48 $ 18.56 $ 17.10 EMPLOYEE + ONE 477.26 335.53 329.14 66.07 36.51 33.41 17.10 EMPLOYEE + FAMILY 595.47 440.99 433.82 93.86 55.83 42.64 17.10 CURRENT $644.00 $544.00::. $544:0.0:::+ $99.00 ::.::>$99.00 :.:::::>' $99:00 13 00";:::. * 1998 Rates are listed - City "cap" would be current 2000 rates. ** Composite rate C. Employee Paid Premiums -- For employees hired prior to the MOU adoption date, the City shall pay medical, dental and vision premiums; subject to 3A and 3B above. D. Two Tier Health Premium -- Employees hired on or after the MOU adoption date, the City's contribution toward medical insurance shall be at the highest HMO rate of (1) employee, (2) employee + dependent, or (3) family. 0030635.06 -1- 6/26/98 10:57 AM SUMMARY AGREEMENT POA/CITY E. Incorporate the Arbitrator's May 6, 1996, Recommendations On Cost Containment Regarding the Following: 1. PCS Proposal -- Employees shall be required to obtain the generic drug when available unless his/her physician specifically stipulates a brand name drug. The employee would be paying, in addition to the co -payment, the difference between the generic and the brand name cost. 2. Outpatient Surgery -- Plan to pay 90 percent for PPO providers and 70 percent for non-PPO providers of usual, customary and reasonable charges after the deductible is met. This applies to outpatient surgical facilities, outpatient services in a hospital, surgeons, anesthesiologists and all pre -admission testing. 3. Elimination of Mandatory Second Surgeon's Opinion Procedures -- Due to advances in medical technology, the current Second Surgical Opinion list is outdated. The Plan should require the attending physician call OCPPO on all proposed, elective surgeries for a determination of second surgical opinion requirements. OCPPO will have the authority to waive or require a second surgical opinion. OCPPO will provide the patient with a list of Board Certified surgeons in the same specialty. The charges for the second surgical consultant will continue to be paid at 100 percent and not subject to the deductible. 4. Subsidized Retiree Medical -- Provide a 90 percent PPO component to the Retirees' Subsidized Medical Plan and 70 percent non-PPOs. Benefits would then be paid at the rate of 90 percent for PPOs and 70 Percent for non-PPOs. 4. Self Funded Supplemental Retirement Benefits: (Article XI A2) Employees hired before the adoption of this MOU shall be eligible for the Supplemental Retirement Benefit (Article XI, A2). All new employees hired after the adoption of this MOU shall not be eligible for this benefit. 5. Compensatory Time Off: (Article IX C) With the interest and well-being of our employees in mind, it is the department's desire to allow the option of earning compensatory time for overtime worked. At the same time, the department has the responsibility to the community to effectively balance the utilization of comp time to ensure that sufficient staffing levels can be met at all times. 0030635.06 2 6/26/98 10:57 AM SUMMARY AGREEMENT POA/CITY With this philosophy in mind, an employee may elect to earn compensatory time (CTO) in lieu of overtime pay to a maximum accumulation of 120 hours pursuant to the following provisions. Requests to take CTO will not be granted if: 1. The request(s) would place the work unit of the employee(s) below department -established minimums; 2. Demands for employees' services meet or exceed the department's full staffing capabilities such as, but not limited to, the 4th of July and Memorial Day weekend or special events. It is therefor agreed that during such times, it would create an undue hardship on the department if CTO leave were granted. The Association, its officers, agents, representatives, and/or members agree that during the term of this Memorandum of Understanding they will not call, engage in, request or condone the use of compensatory time off for any strike, walkout, work stoppage, job action, slowdown, sick-out, blue flu, withholding of services or other interference with City operations, or honor any job action by any other employee of the City, employee organizations, or employees of any other employers by withholding or refusing to perform services. In the event that the Association, its officers, agents, representatives, and/or members engage in any of the conduct prohibited herein above, the compensatory time off provisions of this MOU shall sunset and thereafter overtime hours shall be compensated at the employees' overtime rate. In addition, this provision shall sunset on the last day of this MOU. Nothing herein shall be construed to prevent the parties to agree to place these provisions in a successor MOU. 6. Weapon Vesting: (Article XIV C) After 10 years of service from the date of issue. The number of years of vesting will be retroactive to the date of issuance of the employees' most recent service weapon. 7. Zipper Clause: (Article 1) During the term of the MOU, the Association and City agree to meet and confer for the purpose of addressing issues not specifically covered by existing provisions of the MOU, and/or discussed during the meet and confer process immediately preceding the adoption of the current MOU, upon request. 0030635.06 3 6/26/98 10:57 AM SUMMARY AGREEMENT POA/CITY 8. Education Incentive: (Article VII A) No more than 30 units of approved life -experience credits may be accepted toward educational incentive pay. 9. Senior Officer Program: (Article VII E) Incorporate side letter of August 7, 1996. 10. LTD Agreement: (Article X C) Incorporate side letter of March 17, 1996. 0030635.06 4 6/26/98 10:57 AM ATTACHMENT #2 RESOLUTION NO. 98-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE POLICE OFFICERS ASSOCIATION (POA) AND THE CITY OF HUNTINGTON BEACH FOR 1/l/97 - 9/30/00 The City Council of the City of Huntington Beach does resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers Association (POA), a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term October 1, 1997 through September 30, 2000. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th ATTEST: City Clerk REVIEWED AND APPROVED: Administrator day of July , 1998. May APPROVED AS TO FORM: City Attomey Ddputy CityA( Administrative SF/s: PCD:ResoI:POA-M0U RLS 98-405 ATTACHMENT #3 POA MOU TABLE OF CONTENTS PREAMBLE..................................................................................................................................................................................1 ARTICLEI - TERM OF MOU................................................................................................................................................... I ARTICLE II - REPRESENTATIONAL UNIT/CLASS............................................................................................................1 ARTICLEIII - MANAGEMENT. RIGHTS...............................................................................................................................3 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT...........................................................................................3 ARTICLEV - 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. Bilineual 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 A. SHIFTS DEFINED......................................................................................................................................................................... 8 B. TEN PLAN................................................................................................................................................................................... 8 C. OVERTIME.................................................................................................................................................................................. 8 1. Compensatory Time............................................................................................................................................................... 8 2. Work Time.............................................................................................................................................................................. 9 3. Court Standby Time.............................................................................................................................................................10 4. Holidays Worked..................................................................................................................................................................10 5. Court Appearance Time.......................................................................................................................................................10 6. Non -Court Standby Time.....................................................................................................................................................10 7. Call Back.............................................................................................................................................................................10 8. Pay In Lieu of Compensatory Time.....................................................................................................................................10 D. WEEKEND MILITARY DRILLS................................................................................................................................................... I I ARTICLE X�- HEALTH AND OTHER INSURANCE BENEFITS...................................................................................... I I A. HEALTH.................................................................................................................................................................................... I 1. Medical................................................................................................................................................................................ 11 2. Dental..................................................................................................................................................................................11 3. Optical................................................................................................................................................................................. 11 4. Elieibility Criteria and Cost................................................................................................................................................11 0032133.01 i 07/01/98 10:34 AM POA MOU TABLE OF CONTENTS ............................................................................................................................................................................................. b. Dependent Health Coverage................................................................................................................................................................ I I 12 c. Medical Plan Changes Effective January 1, 44921994...................................................................................................................... 12 d. Plan Deductibles.................................................................................................................................................................................. 14 o Eleetiye sur o.:e ............................ 14 f. Chiropractic Services........................................................................................................................................................................... 14 .......................................................................................................................................................................................... 14 h2g................................................................................................................................................................................................. 14 B. LIFE INSURANCE....................................................................................................................................................................... 14 C. INCOME PROTECTION PLAN...................................................................................................................................................... 14 D. MISCELLANEOUS...................................................................................................................................................................... 15 ARTICLE XI - RETIREMENT................................................................................................................................................16 A. BENEFITS.................................................................................................................................................................................. 16 1. CHP Retirement Plan..........................................................................................................................................................16 2. Self -Funded Supplemental Retirement Benefit....................................................................................................................16 3. PERS Rollover .....................................................................................................................................................................16 4. Medical Insurance for Retirees............................................................................................................................................16 ARTICLE XII - LEAVE BENEFITS........................................................................................................................................17 A. VACATION................................................................................................................................................................................17 1. Anniversary Date..........................................................................................................'.......................................................17 2. Annual Vacation..................................................................................................................................................................17 3. Vacation Allowance.............................................................................................................................................................17 4. EliQibility and Permission....................................................................................................................................................18 S. Vacation - When Taken........................................................................................................................................................18 6. Terminal Vacation Pay........................................................................................................................................................18 7. Receipt of Vacation Pay.......................................................................................................................................................18 8. Conversion to Cash..............................................................................................................................................................18 B. HOLIDAYS................................................................................................................................................................................. 18 C. SICK LEAVE..............................................................................................................................................................................19 D. BEREAVEMENT LEAVE............................................................................................................................................................. 19 E. ASSOCIATION BUSINESS............................................................................................................................................................ 19 ARTICLE XIII - CITY RULES................................................................................................................................................19 ARTICLE XIV - MISCELLANEOUS......................................................................................................................................20 A. MEAL ALLOWANCE..................................................................................................................................................................20 1. Per Diem.............................................................................................................................................................................. 20 2. Per Diem Schedule............................................................................................................................................................... 20 B. MILEAGE ALLOWANCE.............................................................................................................................................................20 ARTICLE XV - CITY COUNCIL APPROVAL.....................................................................................................................22 EXHIBIT A - POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE....................................................................23 EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME ......................................................25 EXHIBITC................................................................................................................................................................................. 27 R I RETIREESUBSIDY MEDICAL PLAN..................................................................................................................................27 SCHEDULEOF BENEFITS.....................................................................................................................................................28 A. Minimum Eligibility for Benefits......................................................................................................................................... 28 B. Disability Retirees...............................................................................................................................................................28 C. Maximum Monthly Subsidv Payments................................................................................................................................. 29 INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES'................................................................................................30 0032133.01 ii 07/01/98 10:34 AM POA MOU TABLE OF CONTENTS RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS.....................................................................31 A. Eligibility.................................................................................................................................................................I...........31 B. BENEFITS.................................................................................................................................................................................. 32 C. SUBSIDIES.................................................................................................................................................................................32 D. MEDICARE................................................................................................................................................................................33 E. CANCELLATION........................................................................................................................................................................33 EXHIBIT D - EMPLOYEE HEALTH PLAN.......................................................................................................................... 35 EXHIBIT E - DELTA CARE (PM) BROCHURE.................................................................................................................36 EXHIBIT F - DELTA DENTAL BROCHURE........................................................................................................................ 37 EXHIBIT G - VISION CARE (VSP).BROCHURE.................................................................................................................38 EXHIBIT H - PERSONNEL RULE CHANGES..................................................................................................................... 39 A. RULE 5-14, PROMOTIONAL EXAMINATIONS.............................................................................................................................39 B. RULE 5-20, DURATION OF EMPLOYMENT LISTS........................................................................................................................ 39 C. RULE 8-3 LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE.............................................................................................. 39 D. RULE 8-11, RE-EMPLOYMENT..................................................................................................................................................39 E. RULE 18-19, MATERNITY LEAVE.............................................................................................................................................40 F. RULE 19-5, STEP 4, CITY ADMINISTRATOR............................................................................................................................... 40 G. RULE 19-5(B), HEARING..........................................................................................................................................................40 H. RULE 21-7, HEARING OFFICERS............................................................................................................................................... 40 I. RULE 21-12, TIME, EXTENSION OF............................................................................................................................................41 EXHIBIT. I - INCOME PROTECTION PLAN....................................................................................................................... 42 0032133.01 iii 07/01/98 10:34 AM POA MOU 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, 1-993 1998, and it is agreed as follows: ARTICLE I - TERM OF MOU This Memorandum of Understanding. (MOU) shall be in effect for a term -commencing on October 1, 1993 1998,-and ending at midnight on September 30, 1994 2000. 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 specifically provided herein for the employees represented in the unit. WhiGh would take eff6Gt PFiGF te SeptembeF 30, 1994, and as-to-aRy 6 Gh Feq Provided, however, the City and ASSOCIATION shall, upon request, meet and confer to address issues not specifically covered by provisions of this MOU, and/or discussed during the meet and confer process immediately preceding the adoption of the current MOU. ARTICLE II - REPRESENTATIONAL UNIT/CLASS 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 cla§sification 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 0032133.01 -1- 07/01/98 10:34 AM POA MOU 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. 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. 0032133.01 2 07/01 /98 10:34 AM aWffl&[oil] ARTICLE III - MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Chief of Police retains all rights, powers and authority with respect to the management and direction of the performance of police services and the work forces performing such services, provided that nothing herein shall change the CITY's obligation to meet and confer.. as to .the effects of any such management decision upon wages, hours, 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. 0032133.01 3 07/01/98 10:34 AM POA MOU 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 pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. ARTICLE VII - SPECIAL PAY A. Police Educational Incentive Plan 1. The Educational Incentive Plan shall be continued for sworn personnel as follows=, except that no more than thirty (30) units of -approved life - experience credits may be accepted toward educational incentive pay: Education Continu � €d,sati College Incentive POST College Maximum Years of Units Level Certificate Units Training HBPD Required Monthly Service Annually Amount 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 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. 0032133.01 4 07/01 /98 10:34 AM POA MOU e. After 120 units of B.A. or POST approved training points may be substituted for college units without limit. 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 abase hourly rate for all work performed during said shift. E. Senior Officer Program - Senior Police Officer is to be an official designation 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. 0032133.01 5 07/01/98 10:34 AM POA MOU The iumbeFBfSeRiGF GAGeF6 shill be maim. + 0/ + tetal .,� mbe 9 Q��� �zair�ed ar35-a�#�fae����-m Sea+eF-Off+set—setest+eflsWill basis —e# GeRieFity •th the The maximum number of Senior Officers within the Police Department shall be sixty-three (63). 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: 0032133.01 6 07/01/98 10:34 AM POA MOU 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 - The CITY shall allow licensed nurse employees time off with pay to attend required courses necessary to maintain certification requirements. 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. w 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 duty during that quarter, separately from payroll checks. It is the mutual intent of the 0032133.01 7 07/01/98 10:34 AM POA MOU 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 - AR empleyee may e'eGt +„ Federal law controls the use of compensatory time off. Title 29 U.S. Code 207(0) allows the employer and employee representative to establish a compensatory time off bank which allows overtime payment of the employer to be deferred. Accordingly, the parties agree to establish such a bank with the maximum limit of 120 hours. 0032133.01 8 07/01/98 10:43 AM POA MOU The employee's right to use compensatory time off may be restricted if the requested use is "unduly" disruptive. Parties agree that use of compensatory time off at the following times will be unduly disruptive: a. At any time when the request for compensatory time off request presents an officer's safety problem by going below shift minimum as presented by City in the meet and confer process. b. Demands for employee's services meet or exceed the department's full staffing capabilities such as the Fourth of July Holiday, Memorial Day Holiday, Labor Day Holiday or events similar in so far as staffing needs are concerned. c. In addition to the above, other events which may be designated as unduly disruptive may be agreed upon by the City and the Association. d. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not call, engage in, request or condone the use of compensatory time off for any strike, walkout, work stoppage, job action, slowdown, sick-out, blue flu, withholding of services or other interference with City operations, or honor any job action by any other employee of the City, employee organizations, or employees of any other employers by withholding or refusing to perform services. In the event that the Association, its officers, agents, representatives, and/or members engage in any of the conduct prohibited herein above, the compensatory time off provision of this MOU shall sunset and thereafter overtime hours shall be compensated at the employee's overtime rate. e. In addition, this provision shall sunset on the last day of this MOU. Nothing herein shall be construed to prevent the parties to agree to place these provisions in a successor MOU. f. To the extent that these provisions are inconsistent with the Settlement Agreement in HBPOA, et al. v. City of Huntington Beach, et al. Case No. CV 92-6265 CMB (Shx) said settlement agreement is superceded. Provisions not so superceded shall not be affected by the agreement. 2. Work Time - For the purpose of computing the 40 hour week, the following shall be exsk-ded included in determining the eligibility for time and one half overtime pay-.. a. Sick leave. 0032133.01 9 07/01/98 12:04 PM POA MOU b. Vacation time taken during the work week. c. Compensatory time off taken during the work week. d. Any othr paid leave time taken during the work week. 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. Court standby time shall be specifically excluded for the purpose of computing the 40-hour work week. 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 �'emp tens time heir♦ at ple y 6tr a rate fer the time. �,�eesa�--is��t�e+���ee-sue, �+g#�t-t+m�-.a,�„� aGtual hews wE)Fked'; Ret at the time and GRe half Fate that GGmpeRsateFy tiFne 9s eTS�RnTFRed. Inasmuch as the compensatory time account for each employee has been credited at the rate of time and one-half for each hour worked, payment when requested under this section shall be at the straight time hourly rate in effect at the time the request is made. 0032133.01 10 07/01/98 10:34 AM POA MOU 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: 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. Elioibility Criteria and Cost: a Premiums The CITY 6hall pay health tG maximum of $544 a mGRth fnr fell faR;ily GGY age fbr le pley vivo 2rug�—rvr-E'i�Fl3rc-2Fi�p�vpE2cs 2�G6irvc Health Premiums - City's 1998 Contribution Toward Health Costs - To be effective May 1, 1998. b. Health Insurance Caps - The City "caps" its contribution toward employee monthly health insurance premiums by category and plan at the rate effective January 1, 2000, for the year ending December 31, 2000: MONTHLY CITY: HEALTH 'DELTA;::: .;: DELTA.. .. vSF*`;'`` .PREMIUMS" PLAN NET PACIFICARE DENTAL ;.. CARE SAFEGUARD._ (Uis,ion} EMPLOYEE $238.62 $153.26 $150.21 $ 34.59 $ 21.48 $ 18.56 $ 17.10 ONLY 0032133.01 11 07/01/98 10:34 AM POA MOU 1998 Rates are listed - City "cap" would be current 2000 rates. ** Composite rate c. Employee Paid Premiums - Employees hired prior to adoption date, the City shall pay medical, dental and vision premiums; subject to 4A and 4B above. d. Two Tier Health Premium - Employees hired on or after the adoption date of this agreement, the City's contribution toward medical insurance shall be at the highest HMO rate of (1) employee, (2) employee + dependent, or (3) family. - e. Dependent Health Coverage - The CITY will assume payment for dependent health insurance, subject to paragraph 4a 4d 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. s- f. Medical Plan Changes F=#eGt*ve jaRyaw 1, 44" Implemented by City Council Action January 27, 1997: • ..0 ... 0 Prescription Program - Employees shall be required to obtain the generic drug, if available, unless the physician specifically prescribes a brand name drug. If the physician does not authorize a generic substitution, the employee is responsible only for the higher co -payment cost. If the employee requests the brand name drug, he/she will pay the difference between the R generic and the brand name cost in addition to the co -payment cost. 0032133.01 12 07/01/98 10:34 AM POA MOU ..• ... M ... Iz Outpatient Surgery, - The plan will pay ninety percent (90%) for PPO providers and seventy percent (70%) for non-PPO providers of allowable, usual, customary and reasonable charges after the annual deductible has been met. This applies to outpatient surgical facilities, outpatient services in a hospital, surgeons, anesthesiologist and all pre -admission testing. Elective Surgeries - Due to advances in medical technology, the current Second Surgical Opinion is outdated. The Plan shall require that the attending physician call OCPPO on all proposed, elective surgeries for a determination of second surgical opinion requirements. OCPPO will have the authority to waive or require a second opinion. OCPPO will provide the patient with a list of Board Certified surgeons in the same specialty. The charges for the second surgical consultant will continue to be paid at one hundred percent (100%) and not subject to the deductible. ..0% „_ and ..0 ... • expeRGeS ... eR the same basis. Subsidized Retiree Medical - Benefits to be paid at the rate of ninety percent (90%) for PPO's and seventy percent (70%) for Non-PPO's of allowable, usual, customary and reasonable charges after the annual deductible has been met. 0032133.01 13 07/01/98 10:34 AM 1107_1►J[oil] d. g. 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. .. h. Chiropractic Services - Chiropractic limits are provided under major medical to a maximum of 24.treatments or $2,000 per year. 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 additional $10,000 of life insurance may be purchased, at the employee's cost, with evidence of insurability. C. Income Protection Plan 1 The existing long term disability program provided by the G4ty ASSOCIATION shall remain in effect for all peFseaael unit employees. 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 First 60 Days Regular Pay Next 24 Months 66 2/3% of Base Pay To Age 65 66 2/3% of Base Pay 0032133.01 14 Disability Due to Illness Regular Pay Same None 07/01 /98 10:34 AM I:161TI Ti 601 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. 5. The program shall be subject to the terms and conditions contained in the agreement between the parties attached hereto and incorporated herein as Exhibit "I". 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. 0032133.01 15 07/01/98 10:34 AM POA MOU 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) formula commonly referred to as the California Highway Patrol (CHP) Retirement Plan. 2. Self -Funded Supplemental Retirement Benefit - In the event a PERS member elects Option #2 (Section 21333) of the Public, Employee's Retirement law, and the member is a unit employee who was hired before the adoption of this MOU, 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. Thes benefit ,6 ve6ted fnr empleyee6 GeVeFe l by this agFeemeRt All unit employees hired after the adoption of this MOU shall not be eligible for this benefit. (Note: The options provide that the allowance is payable to the member until his/her death, and then either the entire allowance, Option 2, or one-half of the allowance, Option 3) is paid to the beneficiary for life.) 3. PERS Rollover - Each employee, eligible for service retirement, may have his/her PERS pickup and vacation accrual reported as compensation for all or any part of the twelve (12) month period prior to his/her service retirement date upon written request to the Director of Finance. Such modified reporting shall be limited to a maximum period of twenty-four (24) months preceding retirement. Requests for retroactivity, if permitted by PERS, will be decided on an individual basis and shall require the approval of the 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 0032133.01 16 07/01/98 10:34 AM POA MOU 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 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: 0032133.01 17 07101 /98 10:34 AM POA MOU 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. 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 year. 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. SUGh pay Fnay be repeFted to PEERS ass salaryy. 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: 0032133.01 18 07/01 /98 10:34 AM POA 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) 7. Veteran's Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) 11. Any day declared by the President of the United States to be a national holiday, or by the Governor of the State,of California to be a state holiday, and adopted as anemployee 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 0032133.01 19 07/01 /98 10:34 AM POA MOU 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. ARTICLE XIV - MISCELLANEOUS A. Meal Allowance: 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. 2.0 All other mileage not reimbursable by POST shall be compensated at the rate ' of 23(�t per mile. C. Weapon Vesting: 0032133.01 20 07/01/98 10:34 AM POA MOU Unit employees assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, he/she shall be fully vested with ownership. 0032133.01 21 07/01/98 10:34 AM 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 , 49951998. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION By: By: Raymond R. Silver City Administrator Ronald E. Lowenberg Chief of Police William H. Osness Personnel Director Edward J. Mc Erlain Police Captain Daniel Cassidy Chief Negotiator APPROVED AS TO FORM Gail Hutton City Attorney In la -31 la la am Christopher S. Tatar POA President Richard Wright POA Representative Tom Gilligan POA Representative Mark Reid POA Negotiator 0032133.01 22 07/01 /98 10:34 AM POA MOU EXHIBIT A CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE EFFECTIVE APRIL 1, 1998 3324 GeReFal SVG6 QffiGe 457 3692 3895 41-10. 4335 4574 6370 Comm. Operator 399 2765 P917 307.8 2PU 3427 407 2879 3036 3203 3380 3565 6372 Comm. Supervisor 4.26 3463 3337 3520 3719 394 434 3293 1 3473 3664 3865 4078 4325 Detention Officer 497 2R79 3037 3203 3380 3965 415 2993 3158 3331 3515 3709 4324 Detention Officer Nurse 44-5 2993 34-59 3331 3545 3709 423 3118 3289 3470 3660 3861 4326 Detention Officer Senior 423 31-19 3290 3470 3661 3862 _ 431 3241 3419 3608 3806 4016 0032133.01 -23- 07/01/98 10:34 AM POA MOU EFFECTIVE JANUARY 8, 2000 .. ..- Classification Range 4334. Police Recruit 378 2492 2629 2773 2925 3087 4332 Police Officer 451 3581 3778 3986 4206 4439 4333 Police Officer Sr. 463 3802 4012 4232 4465 4711 6370 Comm. Operator 413 2964 3126 3298 3480 3671 6372 Comm. Supervisor 440 3392 3579 3776 3984 4203 4325 Detention Officer 421 3087 3256 3435 3624 3823 4324 Detention Officer Nurse 429 3210 3386 3572 3768 3976 4326 Detention Officer Senior 437 3341 3525 3719 3924 4140 EFFECTIVE APRIL 1, 2000 .. ..- 4334 Classification Range Police Recruit 384 2567 2707 2856 3014 3180 4332 Police Officer 457 3692 3894 4109 4335 4574 4333 Police Officer Sr. 469 3922 4137 4364 4603 4856 6370 Comm. Operator 419 3055 3224 3400 3588 3785 6372 Comm. Supervisor 446 3494 3686 3889 4102 4328 4325 Detention Officer 427 3180 3355 3539 3733 3938 4324 " Detention Officer Nurse 435 3308 3490 3683 3886 4099 4326 Detention Officer Senior 443 3444 3633 3832 4043 4265 0032133.01 24 07/01/98 10:34 AM 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-personwho 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. 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. 0032133.01 25 07/01/98 10:34 AM POA MOU 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. 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. 0032133.01 26 07/01 /98 10:34 AM POA MOU EXHIBIT C RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. At the time of retirement the employee has a minimum of ten (10) years of continuous City service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. During any period the retired -employee is eligible to receive or receives health insurance coverage at the expense of another employer, the payment will be suspended. "Another employer" as. used. herein means - private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the premium contribution as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such health insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive further benefits will cease. 2. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City's medical plans shall be governed by applicable plan document. 3., In the event the Federal Government or State Government mandates an employer -funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public) for retirees, the City's contribution rate as set forth in this plan shall first be applied to the mandatory plan. If. there is any excess, that excess may be 0032133.01 27 07/01/98 10:34 AM 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. 0032133.01 28 07/01/98 10:34 AM 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 (10), shall be entitled 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/l WE 4IOW88 11OW89 10/1/92 10 $--49 $4P $424 $ 121 11 44 36 4-32 136 12 43 97 4-45 151 13 53 4-95 4&9 166 14 57 4 4-3 4 79 181 15 64 4 22 4- 2 196 16 65 4,39 495 211 17 69 4-39 297 226 18 73 446 229 241 19 7-7 4435 232 256 20 84 4-63 244 271 21 966 474 257 286 22 99 479 269 300 23 94 499 292 315 24 96 4-G6 294 330 25 4Q 294 396 344 26 496 244 34.9 27 449 224" 334- 28 44.5 229 344 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. 0032133.01 29 07/01/98 10:34 AM POA MOU �ene�s4- INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES' 0 $298 $41,500 $3,000 •• • Benefits City Plan - Employees City Plan - Subsidized Non -Subsidized Retirees Retirees COBRA -eligibles Deductible per person $150 $200 Deductible per family $450 $500 Maximum Out of Pocket $1000 per person $1500 per person $2000 per family $3000 per family Note: Retirees who elect to participate in HealthNet or Family Health Plan (FHP) shall be entitled to benefits of the program chosen. ' 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. 0032133.01 30 07/01 /98 10:34 AM POA MOU 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. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post -retirement employment of the retiree or spouse of the retiree, the retiree and his/her spouse must 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 "other" 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 "other" 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 "other" medical plan policy. Exceptions will be made only if the `other" medical plan benefit provisions are comparable to the guidelines under B above. c. Miscellaneous Provisions: 0032133.01 31 07/01 /98 10:34 AM 1167_WIT911J 1. Benefits provided under the Retiree Subsidy Medical Plan will be coordinated with the "other" 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. 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). 0032133.01 32 07/01/98 10:34 AM POA MOU 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. July 1, 1988: Non -Represented. Retirees who retire prior to the above dates are riot 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: 0032133.01 33 07/01 /98 10:34 AM POA MOU 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. c. At age 65 retirees are eligible to make application for Medicare. Upon being considered "eligible to make application", whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2. See provisions under "Benefits", "Subsidies", and "Medicare" for. those retirees/dependents not eligible for paid Part A of Medicare. 3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from Personnel in accordance with provisions of the Memorandums of Understanding. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. 0032133.01 34 07/01/98 10:34 AM POA MOU EXHIBIT D EMPLOYEE HEALTH PLAN DOCUMENT A copy of the Employee Health Plan Document may be obtained from the Insurance and Benefits Division 0032133.01 35 07/01/98 10:34 AM POA MOU EXHIBIT E DELTA CARE PLAN BROCHURE A copy of the Delta Care Plan Brochure may be obtained from the Personnel Division 0032133.01 36 07/01/98 10:34 AM Intel-\u[OR EXHIBIT F DELTA DENTAL PLAN BROCHURE A copy of the Delta Dental Plan Brochure may be obtained from the Personnel Division 0032133.01 37 07/01/98 10:34 AM POA MOU EXHIBIT G VISION CARE PLAN BROCHURE A copy of the Vision Care Plan Brochure may be obtained from the Personnel Division 0032133.01 38 07/01/98 10:34 AM 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 corrlparable 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. 0032133.01 39 07/01/98 10:34 AM 007A i COU 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. 0032133.01 40 07/01 /98 10:34 AM POA MOU I. Rule 21-12, Time, Extension of - Upon written consent of the parties, the time limitation imposed upon procedures set forth in these rules may be extended a reasonable time. The City and the employee, or employee- organization may, by mutual consent, extend the time periods within which an act must occur in the processing of grievances. 0032133.01 41 07/01/98 10:34 AM POA MOU EXHIBIT I INCOME PROTECTION PLAN This is to memorialize an agreement between the city of Huntington Beach (City) and the Huntington Beach Police Officers' Association (HBPOA) regarding authorizing the HBPOA to administer its own Long Term Disability (LTD) insurance program providing the following conditions are adhered to: 1. The City and HBPOA agree that the City shall no longer provide a City sponsored LTD Insurance Program. 2. HBPOA shall contract with an insurance provider for LTD insurance for the employers represented by the HBPOA. 3. The City shall pay to HBPOA for the cost of LTD premiums not to exceed $38 per month per occupied covered position represented by HBPOA. 4. Non -dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. 5. City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll. 6. HBPOA shall pay the insurance company for the cost of premiums and any changes incurred for administering the program. 7. HBPOA shall provide the City with a monthly listing of covered employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9. The insurance provider shall provide documentation to the City as follows: A. An annual certification of the Plan on each anniversary the Plan is in effect .which will include: 1. A copy of the most current audited financial statements; 2. A copy of the latest actuarial report which should be completed by an independent "Fellow of the Society of Actuaries"., R 3. A copy of the in -force re -insurance Policy; 4. A statement certifying that premiums collected are for LTD benefits for HBPOA represented employees only; 0032133.01 -42- 07/01/98 10:34 AM POA MOU EXHIBIT I INCOME PROTECTION PLAN 5. A copy of the current plan document as well as any changes or amendments, or written confirmation that there have been no changes as LTD insurance provider; 6. A copy of the "Summary Annual Report" and, upon request, a copy of the latest filed Form 5500; 7. A listing of active HBPOA claimants with all relevant data as requested by City (i.e., date of disability, etc.) including the allocated reserves for each claimant; 8. Verification of the premium received and credited by the HBPOA; 9. A statement certifying that the submitted premiums are only being utilized to provide LTD benefits for participating members including members of the HBPOA; and 10. A written confirmation from the plan administrator confirming (1) that it is authorized to do business in California; (ii) that it is properly licensed; (iii) that it maintains current "Errors and Omissions" insurance; and (iv) that it is bonded. 10. All federal and State laws regarding LTD insurance benefit coverage shall be followed. 11. HBPOA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance program. 0032133.01 43 07/01/98 10:34 AM RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services SUBJECT: POA MOU COUNCIL MEETING DATE: July 6, 1998, :RCA:ATTACHM,ENT&:::::: 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 Attomey) Attached Subleases, Third Party Agreements, etc. (Appoved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable Find ings/Cond itions for Approval and/or Denial I Not Applicable EXPLANATIONTOR MISSING ATTACHMENTS:.. .. .. ... ... ... REVIEWED RETURNED FORWARDED -Administrative Staff Assistant City Administrator (initial) City Administrator (Initial) City Clerk EXPLANATION:�:FOR: RETURN OF: ITEM: RCA Author: CITY OF HUNTINGTON BEACH ' REQUEST FOR LEGAL SERVICES gssn'To" Gail Hutton, City Attorney te � Dar . �� _�, a- , Date: Request made by: Telephone: Department: 07/14/98 Connie Brockway 536-5227 City Clerks Lffice INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City. Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ® Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ❑ Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ❑ Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ❑ No Are exhibits attached? ® Yes ❑ No If not for Council action, Unless otherwise specified herein, I consent to the disclosure of the If for City Council action, desired completion date: information contained in this RLS to all memb5ps of the City Council. Agenda Deadline , Council Meeting 07/16/98 Signature of Department ead COMMENTS: "12''o"�"t'i'ng: ' .. GC v',`,jQ"' After the council meeting, the attached new pages to the Police Officers Association (POA) were brought to the City Clerk's Office with the revised, completed signature page. The copies attached are the original pages that ReA "`a were approved by Council. Please inform me as to whether the changes made are typographical, or antJCB}.: amendment will need to be presented to Council. a_. 1SL c� RWso;` This matter may be time sensitive due to labor relations. !Ab'L m7k _ 2L coo rn ern c� S 4-r.�-� ThlsRe'quest for_LegalSe Qices: has=beenasslg`nedtoattorney m , f extension HIs/her, seci et'aryIs µ: s_ "' "exten's'ion _ Notes �—% �iFIIeName 1M1 WPNo DatWComplete"d: � Em Shaded areas for City Attorney's Office use only. X4 POA MOU e. After 120 units of B.A. or POST approved training points may be substituted for college units without limit. 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`..AII 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 designation 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. 0032328.01 5 07/01/98 11:01 AM POA MOU e. After 120 units of B.A. or POST approved training points may be substituted for college units without limit. 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. 0032328.01 5 07/01/98 3:42 PM POA MOU C. Weapon Vesting: Unit employees assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, he/she shall be fully vested with ownership. 0032328.01 20 07101 /98 11:01 AM POA MOU C. Weapon Vesting: Unit employees assiged a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon, or from that time when assignment should have occurred, to the employee, he/she shall be fully vested with ownership. 0032328.01 20 07/01 /98 3:43 PM POA MOU e. After 120 units of B.A. or POST approved training points may be substituted for college units without limit. 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 designation 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. 0032328.01 5 07/01/98 11:01 AM POA MOU C. Weapon Vesting: Unit employees assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, he/she shall be fully vested with ownership. 0032328.01 20 07/01/98 11:01 AM POA MOU e. After 120 units of B.A. or POST approved training points may be substituted for college units without limit. 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. 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. 0032328.01 5 07/01 /98 3:42 PM 6y-' P POA MOU C. Weapon Vesting: Unit employees assiged a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon, or from that time when assignment should have occurred, to the employee, he/she shall be fully vested with ownership. 0032328.01 20 07/01/98 3:43 PM ATTACHMENT #4 LA 'A #' CITY OF HUNTINGTON BEACH LO" INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: RAY SILVER, CITY ADMINISTRATOR FROM: ROBERT J. FRANZ, DEPUTY CITY ADMINISTR SUBJECT: FISCAL IMPACT - POA MOU DATE: JUNE 26, 1998 Following is the additional cost of the agreed upon salary and benefit changes included in the Memorandum of Understanding with the Police Officers' Association: INCREASED COST BY FISCAL YEAR INCREASE DATE 1997/98 1998199 1999/2000 2000/01 4% 04/01/98 $337,180 $674,360 $674,360 $674,360 3% Jan.2000 ---- ---- 394,501 526,001 3% Apr.2000 ---- ---- 263,000 526,001 $337,180 $674,360 $1,331,861 $1,726,362 PAYMENT OF MEDICAL PREMIUMS (Est.) 1997198 1998/99 1999/2000 2000/01 `98INCREASES $25,000 $60,000 $60,000 $60,000 `99INCREASES ---- 37,000 50,000 50,000 2000INCREASES ---- ---- 37,500 50,000 $25,000 $97,000 $147,500 $160,000 TOTAL BY FISCAL YEAR $362,180 $771,360 $1,479,361 $1,886,362 0032267.01 6/26/98 8:54 AM