Loading...
HomeMy WebLinkAboutHBPOA - Huntington Beach Police Officers Association - 2001-05-21pig 9 CITY OF HUNTINGTON BEACH MEETING DATE: December 20, 2004 DEPARTMENT ID NUMBER: PD-04-021 Council/Agency Meeting Held: /al Z 0 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied LWu7yltitCift's i nature Council Meeting Date: December 20, 2004 Departme t ID Number: PD-04-21 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION _. SUBMITTED TO: HONORABLE MAYOR AN CIT� CCOOU C_ MEMBERS > SUBMITTED BY: DR. PENEL PE CUL RETH-GRAFT, CITY ADMINISTRATORZ..- PREPARED BY: KENNETH W. SMALL, CHIEF OF POLICE yp SUBJECT: Adopt Resolution aD�`�—�`� of the City Council of the City of Huntington Beach creating a temporary part-time work program (960 Program) and amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Police Department is having difficulty in recruiting and hiring officers rapidly enough to avoid a severe staffing shortage in the near future. Implementation of a part-time work program (960 Program) would help alleviate the staffing shortage until a sufficient number of full-time employees are hired. Funding Source: The existing, approved budget can absorb the annual costs associated with this program. The funds are available in General Fund Accounts as follows; Uniform Division, Patrol Business Unit (10070201), Administrative Operations Division, Personnel Business Unit (10070109), and Investigations Division, Business Unit 10070203. Recommended Action: Adopt Resolution `J,004—a1 n - of the City Council of the City of Huntington Beach creating a Temporary Part-time Work Program (960 Program) and amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. Alternative Action(s): Do not adopt Resolution of the City Council of the City of Huntington Beach creating a Temporary Part-time Work Program (960 Program) and amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. C-5 REQUEST FOR ACTION MEETING DATE: December 20, 2004 DEPARTMENT ID NUMBER: PD-04-21 Analysis: For a variety of reasons, maintaining authorized staffing levels at the Police Department has become an increasingly challenging endeavor. As a large number of officers reach retirement age, the Police Department has encountered increasing difficulty in the recruitment and hiring of replacement personnel. We currently have two hundred twenty (220) fully funded and authorized Police Officer positions of all ranks We currently have two hundred seven (207) of those positions filled. Of that number, four (4) are Recruit Officers who are currently in the Police Academy and an additional three (3) officers are so new that they are still in training with a Field Training Officer. A more representative number of fully trained officers of all ranks is two hundred (200). We currently have eight (8) retirements that are expected to occur in the next thirteen months. Because of the lead-time inherent in hiring and training new Police Officers, we could drop well below even.our current staffing level. The Public Employee's Retirement System (P.E.R.S.) allows the City to employ retirees to temporarily fill positions requiring specialized skills or during an emergency to prevent the stoppage of public business. The retiree may work a total of nine hundred sixty hours (960) hours per year without suffering any monetary reduction in their retirement benefits. Other police departments have successfully instituted a program that allows retirees from their department to return to work on a part-time basis in order to alleviate temporary staffing shortfalls. These programs are often referred to as a 960 Program. Based on current staffing projections, proactive steps must be taken in order to avoid allowing staffing levels to become dangerously low. The adoption of a temporary part-time work program (960 Program) conforming to the criteria described in the attached Side Letter Agreement, would assist the Police Department in providing acceptable staffing levels until permanent replacement personnel can be hired and trained. Police Management and members of the Police Officers' Association Board have met and conferred regarding implementation of this.type of program. Upon reaching agreement, the attached side letter agreement was signed. The current plan is to utilize the part-time employees in all three divisions of the Police Department. In the Administrative Operations Division, Personnel Bureau, we know the timeline for the recruitment and hiring of a new Police Officer is lengthy, often taking up to six months. We have identified one of the choke points in the process as being the background investigation which can take up to four months. We currently have two officers conducting background investigations. Each of them currently carries a caseload of twelve to sixteen open investigations while the average caseload in other local agencies is five to seven. We plan to expedite the background process by using these part time 960 Program employees to assist in conducting background investigations. This should markedly reduce the timeline we are currently experiencing in the hiring of new officers. The Investigation Division of the Police Department has a backlog of cases of most types that can cause up to an eight -month delay in a detective actively investigating a case. Members of the 960 Program could also assist the Investigation Division to reduce the backlog of cases. G:\RCA\2004\960 Program.doc -2- 12/1/2004 4:00 PM REQUEST FOR ACTION MEETING DATE: December 20, 2004 DEPARTMENT ID NUMBER: PD-04-21 In the Uniform Division, we often compensate for reduced staffing levels through the use of overtime. The continued long-term use of large amounts of overtime is an unwelcome alternative for a number of reasons including cost and a negative impact on morale. Participants in the proposed program could also assist in alleviating reduced staffing by filling selected shifts on the Patrol Schedule or at the front desk of the Police Department. The 960 Program will reduce operating costs because participants will be compensated at E-step officer pay as opposed to premium pay for personnel working on an overtime basis. Participants in the 960 Program will not receive any other benefits. Each participant in the program will be an "at will' employee with hiring done at the discretion of the Chief of Police. With participation in the 960 program being contingent upon previous employment with the Police Department, terminated by a service retirement, we gain the advantage of having employees with a known work history and proven level of performance that would require little or no start-up time in order to become contributing members of the Police Department. Applicants to the 960 Program, who previously separated employment with the city, would be required to pass a background and medical exam prior to being hired to work in the program. The 960 Program will have a maximum of ten (10) participants at any given time and the program will exist for a three-year trial period beginning when the first participant begins working a duty shift. Environmental Status: None. Attachment(s): RCA Author: William Stuart, Captain G:\RCA\2004\960 Program.doc -3- 11/30/2004 11:40 AM ATTACHMENT #1 RESOLUTION NO. 2 0 0 4- 9 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING BENEFITS AND AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION WHEREAS, the City Council of the City of Huntington Beach desires to modify benefits for employees represented by the Huntington Beach Police Officers' Association; and WHEREAS, the City Council has determined that it is necessary to employ police officers retired from the City of Huntington Beach to temporarily fill open positions in the Police Department that are fully funded and authorized by the City budget; NOW, THEREFORE, the City Council of the City of Huntington Beach resolves as follows: 1. The side letter dated November 18, 2004 to the Memorandum of Understanding (M.O.U.) Between the City of Huntington Beach and the Huntington Beach Police Officers Association, a copy of which is attached hereto and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof. 2. The City Administrator is authorized to execute this Side Letter on behalf of the City. 3. The Side Letter shall be effective for the term of the current M.O.U. adopted by Resolution No. 2001-28 and shall be included in any new Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of December , 2004. ATTEST: 9"4 0�- b 0 City Clerk REVIEWED AND APPROVED: City Administrator APPROVED AS TOFORM: 0�?I/"Otdity Attomey --- INITIATED AND APPROVED: Chief of Police Res. No. 2004-97 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 20th clay of December, 2004 by the following vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None Ci Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California i November 18, 2004 Representatives of the Huntington Beach Police Officers Association and Police management met and conferred on October 26, 2004 over the issue of a temporary part- time employee program (known as the 960 Program). As a result of that meeting, agreement was reached on the following: DEFINITION: Temporary Part-time employees (960 employees) will be used to fill a maximum of ten (10) open positions in the police department subject to the following conditions: ELIGIBILITY: 1. Must have retired from a sworn position of any rank from the Huntington Beach Police Department through a service retirement. 2. Will be employed only in line -level positions. 3. Will be limited to working a total of nine hundred sixty (960) hours per year. 4. Will work at the discretion of the Chief of Police and are "at will' employees. 5. Any employee who has previously separated from employment with the city will be required to undergo and pass both a background investigation and a medical examination. Permanent full-time employees who retired and immediately became reserve officers are exempt from this requirement. 6. Positions in this program will not be available to employees who have previously received any type of disability retirement. PAY AND BENEFITS: 1. Program participants will be compensated at the base rate currently being earned by the "E-step Police Officer" position as enumerated in the current Memorandum of Understanding for the Huntington Beach Police Officers Association. 2. Program participants will not receive any other benefits unless specifically enumerated herein. 3. If injured on duty, employees in this program will receive benefits in accordance with applicable law regarding safety personnel. 4. Program participants will be compensated for court appearances at the hourly rate enumerated above. On -call status for court will be compensated in accordance with the rules contained in the current Memorandum of Understanding for the Huntington Beach Police Officers Association. CONDITIONS: Participants in this program may be assigned to any unit in the police department at the discretion of the Chief of Police. The intent is to primarily place participants in the Uniform Division, Patrol Bureau and the Administrative Operations Division, Personnel Unit. Effort will be made to avoid placing a program participant in a highly desirable slot in the Patrol Schedule. It is not the intent of this program to permanently replace any permanent full-time positions through the use temporary part-time employees. The Chief of Police may discontinue this job program at any time. Specifically, at such time as he deems our staffing levels to be appropriately filled by Permanent Full-time Staff. DURATION: The City and the HBPOA agree to enter into this agreement for a three (3) year trial period that will begin when the first participant in the program begins working a shift. During this trial period, either party may request to meet and confer regarding unforeseen or unintended consequences arising from this agreement. For HBPOA For the City of Huntington Beach Russell Reinhart, President Dr. Pe lope Culbreth-Graft, City A in)strator Dated: Dated: /d - - o f 1 Kenneth W. Small, Chief of Police Dated: `Z - INITIATING DEPARTMENT: Police Department SUBJECT: Adopt Resolution of the City Council of the City of Huntington Beach creating a Temporary Part-time Work Program (960 Program) and amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. COUNCIL MEETING DATE: December 20, 2004 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 Attorne) Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attorne) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable u ° + d®" i b_ R RCA Author: W. Stuart, Captain lj y A��,T CITY OF HUNTINGTON BEACH MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: AS-04-018 Council/Agency Meeting Held: � i XQ Deferred/Continued to:S� I A '*Approved ❑ Conditionally Appr ved ❑ Deni d v IV City�CI rk's S' nature Council Meeting Date: May 17, 2004 Department Number: AS-04-018 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: PREPARED BY: WILLIAM P. WORKMAN, ACTING CITY ADMINISTRAT CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SEF C= k__- SUBJECT: ADOPT RESOLUTIONS APPROVING SIDE LETTERS TO THE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND HBPOA, HBPMA, AND HBMSOA REGARDING HEALTH INSURANCE � �t50�-�lb ��'u�n13�1M (�05• ao�— .0�34�t— G� Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The city and Huntington Beach Police Officers' Association, Huntington Beach Police Management Association, and the Huntington Beach Marine Safety Officers' Assocation have come to a side letter agreement regarding health and other insurance. Funding Source: Funding was adopted by the City Council with the adoption of Councilmember Coerper's December 15, 2003 H-Item titled, "H" Item for December 18, 2003, City Council Meeting Approval of Funds to Pay Part of Employees Health Insurance Costs. The increase in total annual cost to implement the side letter agreements with the Huntington Beach Police Officers' Association, Huntington Beach Police Management Association, and the Huntington Beach Marine Safety Officers' Assocation is approximately $145,300. The remainder of the funding is included in the Fiscal Year 2003/2004 budget. Recommended Action: 1. Adopt Resolution No. N)A-- a resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the city and the Huntington Beach Police Officers' Association by adopting the side letter of agreement. \- �, \D 5/10/2004 4:23 PM H:\RCA's\POA, PMA, MSOA 2004 Health Side Letter.doc REQUEST FOR ACTION! MEETING ®ATE: May 17, 2004 DEPARTMENT I® NUMBER: AS-04-018 2. Adopt Resolution No. abb4 3S , a resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the city and the Huntington Beach Police Management Association by adopting the side letter of agreement. 3. Adopt Resolution No. �Od�1-��D, a resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the city and the Huntington Beach Marine Safety Officers' Association by adopting the side letter of agreement. Alternative Action(s): Reject the resolutions and maintain the current health insurance plans and employer contributions. Analysis: Representatives of the city and the Huntington Beach Police Officers' Association (POA), Huntington Beach Police Management Association (PMA), and the Huntington Beach Marine Safety Officers' Assocation (MSOA) have completed the meet and confer process on a side letter agreement for health insurance benefits for the 2004 calendar year. Effective August 1, 2004 or sooner (July 1, 2004) the City Plan POS and Health Net HMO will no longer be available to POA, PMA, and MSOA represented employees. Starting August 1, 2004 or sooner (July 1, 2004) all POA, PMA, and MSOA represented employees will begin utilizing the Public Employees' Medical and Hospital Care Act (PEMHCA) for health insurance. PEMHCA health plans are administered by the California Public Employees' Retirement System (CalPERS), and the laws and rules governing PEMHCA are set forth in the California Government Code. The resolution authorizing the city's participation in PEMHCA program are also included on tonight's City Council agenda. Additionally, the effective date for dependent(s) medical insurance (health, dental, and vision) coverage will change from one year from date of hire to the first of the month following thirty days of employment. The current dental and vision insurance plans remain in place. Attachment(s): A resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the city and the Huntington Beach Police Officers' Association by adopting the side letter of agreement. (, 2s- Igo. D-0043y H:\RCA's\POA, PMA, MSOA 2004 Health Side Letter.doc 5/10/2004 4:23 PM )L REQUEST FOR ACTION MEETING ®ATE: May 17, 2004 DEPARTMENT I® NUMBER: AS-04-018 RCA Author: William McReynolds H:\RCA's\POA, PMA, MSOA 2004 Health Side Letter.doc 5/10/2004 4:23 PM 3 ATTACHMENT #1 RESOLUTION NO. 2004-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS; on May 21, 2001, the City Council of Huntington Beach adopted Resolution. No. 2001-28 for the purpose of adopting the 2000/03 Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (HBPOA); and On December 16, 2002, the City Council of Huntington Beach adopted Resolution No. 2002-126 which reflected changes, corrections, and clarifications to the MOU that were reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPOA ("2002 Side Letter of Agreement"); Subsequent to the adoption of the MOU and the 2002 Side Letter of Agreement, the City of Huntington Beach and the HBPOA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference; - The Side Letter of Agreement replaces and nullifies the 2002 Side Letter of Agreement. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and Adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPOA. Section 3. The Side Letter of Agreement replaces and nullifies the 2002 Side Letter of Agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of May , 2004. 0 ,-&J,MaOa City Clerk NTayor - M (;�� �-, �PPROVED AS TO FORM: ity Attorn (v INITIATED D PPROVED: Director of dministra e Services G \RESOLUT\13004TOA side 5-10-04.doe Exhibit A Side Letter Agreement — Health and Other Insurance Benefits Between the City of Huntington Beach and the Huntington Beach Police Officers Association Effective Upon City Council Approval This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Police Officers Association (POA) to reflect agreed upon changes, corrections or clarifications to Article X — Health and Other Insurance Benefits of the existing Health and Other Insurance Benefits Side Letter (adopted December 16, 2002) and Article XI — Retirement and Exhibit C of the existing 2000-2003 Memorandum -of -Understanding (adopted May 21, 2001). All other terms and conditions of the existing side letters and the Memorandum -of -Understanding remain in full force and effect. Both parties agree to continue the meet and confer process in good faith as required by the Meyers-Milias-Brown Act. The goal of the continued meet and confer process is a new Memorandum -of -Understanding between the City and the POA. The subject of the continued meet and confer process shall be all issues between the parties concerning wages, hours, and other terms and conditions of employment. This agreement is to be incorporated into any future Memorandum -of - Understanding between the City and the POA. Article X — Health. and Other Insurance Benefits, Article XI - Retirement and Exhibit C shall now read: 1 ARTICLE X - HEALTH ARID OTHER INSURANCE BENEFITS A. Health The city shall continue to make available group medical, dental and vision benefits to all association employees: 1. Eligibility Criteria and Cost: a. Year 2004 Premiums Effective January 1, 2004 health premiums for 2004 are as set forth in the chart below: Monthly City Plan Health Net. Delta Delta ` VSP Premium POS HM0 Dental, Dental Vision (PPO) (HMO) EE $481.40 $313.01 $48.93 $24.38 $18.07 EE + 1 951.96 685.85 93.42 41.46 18.07 EE + 2 or more 1,165.54 903.97 132.47 63.40 18.07 b. Employer Contributions The City's maximum monthly employer contribution for health and other insurance premiums are set forth in the charts below. January 3, 2004 through March 26, 2004. Monthly . _ City, Health ..j Delta Delta VSP' Employer Plan Net Dental' Dental Contribution POS HMO ` (PPO ) HMO ( . ) Vision EE $429.93 $330.19 $42.88 $23.00 $17.58 "EE + 1 758.41 611.67 81.82 39.11 17.58 EE + 2 or more 907.50 776.34 116.36 59.81 17.58 E March 27, 2004 and until the PEMHCA program is in place. Monthly City Health Delta Delta VSP Employer Plan Net " Dental Dental Contribution POS HMO' , (PPO) (HMO) Vision EE $373.77 $274.03 $42.88 $23.00 $17.58 EE + 1 702.25 555.51 81.82 39.11 17.58 EE + 2 or more ; 851.34 720.18 116.36 59.81 17.58 In no event shall the employee be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. c. Employee Contributions Effective the first pay period beginning in January 2004, employee pre-tax payroll deduction contributions for 2004 premiums are set forth in the charts below: i. Bi-Weekly Employee Contributions January 3, 2004 through March 26, 2004. Bi-Weekly City Health Delta Delta VSP Employee Plan Net' - Dental Dental Contribution POS - HMO` (PRO) (HMO) Vision EE $23.76 $0.00 $3.83 $0.64 $0.23 " EE + 1 89.33 33.99 7.40 1.08 0.23 EE + 2 or more 119.10 58.57 10.37 1.66 0.23 March 27, 2004 and until the PEMHCA program is in place. Monthly. City Health Delta Delta VSP °, Employee Plan Net Dental Dental Contribution POS HMO (PPO) (HMO) Vision EE $49.68 $17.88 $3.83 $0.64 $0.23 EE + 1 115.25 59.91 7.40 1.08 0.23 EE + 2 or more 145.02 84.49 10.37 1.66 0.23 3 ii. Monthly Employee Contributions January 3, 2004 through March 26, 2004. Monthly Employee Contribution City Plan POS Health Net HMO EE $51.47 $0.00 EE + 1 193.55 73.64 EE + 2 or more- 126.91 Delta ` Delta VSP... Dental Dental (PPO) (HMO) Vision $8.30 $1.38 $0.49 16.04 2.35 0.49 22.47 3.59 0.49 March 27, 2004 and until the PEMHCA program is in place. d. Future Premiums The City "caps" its contributions toward monthly group medical, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan, at the year 2004 level. Until the City Council approves a successor to this Memorandum -of - Understanding, the City's 2004 contribution caps will remain in place, even if premium increases result in these additional costs being bome by the employee. e. Dependent Health Coverage until the PEMHCA program is in place The city will assume payment for dependent coverage for the City Plan POS, Health Net HMO, Delta Dental, and VSP 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. 4 2. Public Employees' Medical and Hospital Care Act The City will promptly begin the contract process with the California Public Employees' Retirement System (CaIPERS) to implement the provisions of the Public Employees' Medical and Hospital Care Act (PEMHCA), as set forth in the California Government Code, to provide medical insurance coverage for all employees represented by the association. The contract to provide medical coverage through PEMHCA shall not be construed as a guarantee of a continuing benefit. A retiree's right to receive a City contribution, and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CaIPERS for medical insurance. In addition, while the City is in PEMHCA, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. The City may elect to terminate its participation in the PEMHCA program by agreement between the association and the City or if the City elects to impose termination of its participation in the PEMHCA program on the association. Until the City Council and the CaIPERS Board approve the City's participation in PEMHCA and the City is fully participating in PEMHCA the rates and plans stated above (Article X.A.I.a) will continue to apply to all employees. a. Employer Contributions Upon the City's full participation in PEMHCA the following premiums shall apply: i. City Contribution — Health Insurance The City shall contribute on behalf of each employee, the following sum per month toward the payment of premiums for medical insurance under the PEMHCA program. (The following monthly sum represents the parties' understanding of the minimum monthly contribution required by law (and. assumes the City remains in PEMHCA throughout this time period). If the mandated minimum is increased from these figures, the City shall make the appropriate adjustments by decreasing the supplemental benefit set forth in subsection "iii" below.) 5 2004 $32.20 2005 $48.40 2006 $64.60 2007 $80.80 2008 $97.00 2009 and beyond Shall be adjusted annually by the CalPERS Board ii. City Contribution — Dental and Vision Insurance The City shall contribute on behalf of each employee, the following sum per month toward the payment of premiums for dental and vision insurance under the city sponsored programs. March 27, 2004 through December 31, 2004 $42.88 $23.00 $0.00 . 81.82 39.11 0.00 EE c��_mcre,.r 116.36 59.81 0.00 The effective date for all dental and vision coverage [i.e., employee and dependent(s)] is the first of the month following one full month of employment. Until the City Council approves a successor to this Memorandum - of -Understanding, the dental and vision insurance contribution caps will remain in place, even if dental and vision insurance cost increases result in these additional costs being borne by the employee. 0 Supplemental Benefit — Health and Vision Insurance In addition to the amount specified above (Article X.A.2.a.i and X.A.2.a.ii), the City will contribute up to the following amounts as a supplemental benefit to PEMHCA health and vision insurances: The employee will have no entitlement to any portion of the supplemental benefit not utilized by the employee. Any cost for health and vision insurance benefits that exceeds the City's supplemental benefit to health insurance contribution is the responsibility of the employee and the employee will cover the cost through a payroll deduction. To the extent permitted by law an employee's payroll deduction will be pre-tax. So long as the City remains in PEMHCA the supplemental benefit to health and vision insurance contribution shall be decreased every January 1, by an amount equal to the City's increased contribution set forth in Article X.A.2.a.i above. Each year from January 1, 2005 until January 1, 2009, the monthly -required PEMHCA contribution is expected to increase $16.20. If the monthly -required PEMHCA contribution is increased by more than $16.20 per month, then the amount of the supplemental benefit will be decreased by that higher amount. After January 1, 2009, the CalPERS Board will determine the monthly -required PEMHCA contribution; if it increases then the amount of the supplemental benefit will be decreased by that higher amount. Until the City Council approves a successor to this Memorandum - of -Understanding, the supplemental benefit to health and vision insurance contribution caps will remain in place, even if health and vision insurance cost increases result in these additional costs being borne by the employee. b. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to 7 retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. i. City Contribution (Unequal Contribution Method) As allowed by the Government Code and the CalPERS Board, and requested by the association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The following is an example of the sum per month toward the payment of premiums for medical insurance under the PEMHCA medical insurance program for a retiree or annuitant. The City shall make these payments only while the City is a participant in the PEMHCA program. 2004 $1.00 2005 $3.42 2006 $6.65 2007 $10.69 2008 $15.54 2009 and beyond Shall be adjusted annually . by the CalPERS Board ii. Citv's Termination of Participation in the PEMHCA oroaram The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the association and the City or if the City elects to impose termination of its participation in the PEMHCA program retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the city terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2001-28 Exhibit C to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. 1.3 c. Additional Costs for Participation in the PEMHCA program Retiree and/or Annuitant Coveraae The association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the. PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article X.A.2.b.i provides an example of expected payments per retiree or annuitant per month. In the event of passage of State Legislation, Judicial Rulings, or CalPERS Board Actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the association- fails to make timely payments for two consecutive months, the City - shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. [For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits.] ii. Excess Administrative Fees The association shall remit to the City its pro rata share of any administrative fees charged `by CalPERS that exceed that employee organization's pro -rats share of the administrative fees the City will no longer have to pay to hire employees to administer the City's plan. d. Impact of Programmatic Changes In the event of passage of State Legislation, Judicial Rulings, or a CalPERS Board Action, which in any way changes the employer's contribution to the PEMHCA medical plan, the City shall terminate its contract with CalPERS at its earliest opportunity, unless the association pays the full cost of the change. Examples of E 43 programmatic changes which would change the City's employer's contribution, include, but are not limited to, the CalPERS Board decision to assess a Contingency Fund fee, eliminating the differential contribution for retirees set forth in Government Code Section 22857(b), and/or eliminating the ability to differentiate between the minimum insurance contribution and the supplemental benefit contribution. In order to remain within the CalPERS medical plans in the event of passage of State Legislation, Judicial Rulings, or a CaIPERS Board Action that changes the employer's contribution to the CalPERS medical plan, the association shall pay the full cost of the change(s) to the employer contribution or the City shall terminate its contract with CaIPERS at its earliest opportunity. The association may request termination of the City's contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CaIPERS Board Action that changes the employer's contribution to the CalPERS medical plan. Medical Cash -Out If an. employee is covered by a medical program outside of a city - provided program (evidence of which must be.supplied to Administrative Services Department), they may elect to. discontinue city medical coverage and receive ninety two dollars and thirty-one cents ($92.31) bi- weekly to deposit into their Deferred Compensation account or any other pre-tax program offered by the city. 4. Section 125 Employee Plan The City shall provide an Internal Revenue Code section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses as determined by the Internal Revenue Code. B. Life Insurance The city will provide $40,000 term life insurance without evidence of insurability other than evidence of working full time. Additional life insurance may be purchased, at the employee's cost, with evidence of insurability. 10 C. Income Protection Plan 1. The existing long-term disability program provided by the association shall remain in effect for all 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 Disability Due to Illness First 60 Days Regular Pay Regular Pa Next 24 Months 66 2/3% of Base Pay Same To Age 65 66 2/3% of Base Pay None 2. Days and months refer to calendar days and months. Benefits under the Plan are integrated with Workers' Compensation, Social Security and other non -private program benefits to which the employee may be entitled. Disability is defined as the inability to perform all of the duties of regular occupation during two years and thereafter the inability to engage in any employment or occupation for which he/she .is fitted `by reason of education, training or experience. 3. Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Plan will provide 66 2/3% of difference between regular pay and pay of other occupation. 4. Survivors benefit continues plan payment for three (3) months beyond death. 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". 11 ARTICLE XI - RETIREMENT A. Benefits: 1. 3% (a) Age 50 Plan - The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. If at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable." The amount of the reimbursement set forth in Article VI.0 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. 2. 1959 Survivors' Benefit Level IV - Members of the city's safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Self -Funded Supplemental Retirement Benefit - In the event a PERS member elects Option #2 (Section 21333) of the Public Employee's Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone. This payment shall be made only to the member, shall be. payable by the CITY during the life of the member, and upon that member's death, the CITY's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the CITY. All unit employees hired after the adoption of this MOU shall not be eligible for this benefit. (Note: The options provide that the allowance is payable to the member until his/her death, and then either the entire allowance, Option 2, or one-half of the allowance, Option 3) is paid to the beneficiary for life.) 12 4. 2% (a Age 55 Plan — Members of the city's miscellaneous retirement plan with the California Public Employee Retirement System (CaIPERS) shall receive the 2% at age 55 CaIPERS retirement plan. a. Pre -Retirement Optional Settlement 2 Death Benefit Members of the city's miscellaneous retirement plan shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit. b. Fourth Level of 1959 Survivor Benefits Members of the city's miscellaneous retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 5. Medical Insurance for Retirees: As required by the Government Code, while the City is contracted with CaIPERS to participate in the PEMHCA program, retired employees (annuitants) shall have available the ability to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program. CaIPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. The City's requirement to provide retirees (annuitants) medical. coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the association and the City or if the City elects to impose termination of its participation in the PEMHCA program retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the city terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2001-28 Exhibit C to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan: 13 EXHIBIT C — SERVICE CREDIT SUBSIDY PLAN An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for. the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System (CaIPERS). The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the: following: a. During any period the retired employee is eligible to receive or receives medical 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 Service Credit Subsidy 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 medical 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. b. 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 14 (whether or not such application is made) the City's obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. c. In the event of the death of.an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 4. Minimum Eligibility for Benefits — With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time_ of his/her rehire in accordance with the City's Personnel Rules. To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. Service Credit Subsidy Payment shall not exceed dollar amount, which is equal to the qualified medical expenses incurred for the purchase of city sponsored medical insurance. 15 7. Maximum Monthly Service Credit Subsidy Payments - All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), continuous years of regular (permanent) service shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: Maximum Service Credit Subsidy Retirements After: Years of Service Service Credit Subsidy 10 $ 120 11 135 12 150 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20. 270 21 285 22 299 23 314 24 329 25 343 The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article X.A.2.b.i provides an example of expected reductions per retiree per month. 8. Medicare: a. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. 16 b. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. C. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age 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. 9. Cancellation: d. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age 65. ii. 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 Service Credit Subsidy Plan will be eliminated. 17 It is the understanding of the City of Huntington Beach and the Huntington Beach Police Officers Association that this side letter to the existing Health and Other Insurance Benefits Side Letter (adopted December 16, 2002) and the existing 2000-2003 Memorandum -of -Understanding (adopted May 21, 2001) 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 J�_ day of May, 2004. CITY OF HUNTINGTON BEAC ,, MMUM IAMER", a; u im William P. Workman Acting City Administrat r Clay Ma Director of Administrative Services Bruce A. Barsook Chief Negotiator APPROVED AS TO FORM: M` ' _'_� f,- �nnifer M Grath City Attorney HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION ��2 ige - Russell Reinhart, President Kr uller, Vice -President Norm Evenson, B and Member Corwin Bales, Board Member 18 Res. No. 2004-34 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, 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 an adjourned regular meeting thereof held on the 17th day of May 2004 by the following vote: AYES: Coerper, Hardy, Green, Cook, Houchen NOES: Sullivan, Boardman ABSENT: None ABSTAIN: None e e f�st�ss' City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Ali I'll tmg', 44 4A, ".'Ai W d 57 3 3 �3:.\`.g .... , Eta $".a. �. ,.., d%'v s 1.. .,i e,. .�. 4 Is CITY OF HUNTINGTON BE401 MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: AS-04-019 gPouncil/Agency Meeting Held: C? ? Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Delied 'j— ,S2cLJd -A) Q ,� �� Cit er 's,' Ignatur Council Meeting Date: May 17, 2004 Department ID Number: AS-Tk- 01P,' CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: PREPARED BY: WILLIAM P. WORKMAN, ACTING CITY ADMINISTRATOR,. CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVIC SUBJECT: ADOPT RESOLUTIONS APPROVING ELECTION OF THE CITY TO BE SUBJECT TO THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO THE POA, PMA, AND MSOA Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The city and Huntington Beach Police Officers' Association, Huntington Beach Police Management Association, and" the Huntington Beach Marine Safety Officers' Assocation have come to an agreement to have the California Public Employees' Retirement System administer health insurance through the Public Employees' Medical and Hospital Care Act. Funding Source: Not Applicable Recommended Action: a resolution of the City Council of the City of 1. Adopt Resolution No.ay0 -, " Huntington Beach electing to be subject to Public Employees' Medical and Hospital Care Act with respect to the Huntington Beach Police Officers' Association and Fixing the City's Contribution for Annuitants at Different Amounts. 2. Adopt Resolution No. ),OOA , a resolution of the City Council of the City of Huntington Beach electing to be subject to Public Employees' Medical and Hospital Care Act with respect to the Huntington Beach Police Management Association and Fixing the City's Contribution for Annuitants at Different Amounts. \ l H:\RCA's\PEMHCA Resolution.doc 5/11/2004 2:21 PM, MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: AS-04-019 3. Adopt Resolution No. aooA - �3, a resolution of the City Council of the City of Huntington Beach electing to be subject to Public Employees' Medical and Hospital Care Act with respect to the Huntington Beach Marine Safety Officers' Association and Fixing the City's Contribution for Annuitants at Different Amounts. Alternative Action(s): Reject the resolutions and maintain the current health insurance plans. Analysis: Representatives of the city and the Huntington Beach Police Officers' Association (POA), Huntington Beach Police Management Association (PMA), and the Huntington Beach Marine Safety Officers' Assocation (MSOA) have completed the meet and confer process on health insurance benefits for the 2004 calendar year. Effective August 1, 2004 or sooner (July 1, 2004) all POA, PMA, and MSOA represented employees will begin utilizing the Public Employees' Medical and Hospital Care Act (PEMHCA) for health insurance. PEMHCA health plans are administered by the California Public Employees' Retirement System (CalPERS), and the laws and rules governing PEMHCA are set forth in the California Government Code. The resolutions agreeing to the side letter agreements are also included on tonight's City Council agenda. Attachment(s): RCA Author: William McReynolds H:\RCA's\PEMHCA Resolution.doc ✓� 5/11/2004 2:21 PM L , ATTACHMENT 1 RESOLUTION NO. 2004-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION AND FIXING THE CITY'S CONTRIBUTION FOR EMPLOYEES AND THE CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS WHEREAS, Government Code Section 22850.3 provides that a contracting agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act with respect to a recognized employee organization only; and Government Code Section 22857 provides that a contracting agency may fix the amount of the City's contribution for employees and the City's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and The City of Huntington Beach ("City") is a local agency contracting with the Public Employees' Retirement System; and The City desires to obtain for the members of the Police Officers' Association, who are employees and annuitants of the agency, the benefit of the Act and to accept the .liabilities and obligations of an employer under the Act and Regulations, NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. That the City does hereby elect to be subject to the provisions of the Act, Section 2. That the City's contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefit plan up to a maximum of $32.20 per month, Section 3. That the City's contribution for each annuitant shall be the amount necessary to pay the cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of S1.00 per month, Section 4. That the City's contribution for each annuitant shall be increased annually by 5 percent of the monthly contribution for employees, until such time as the contributions are equal; and that the contributions for employees and annuitants shall be in addition to those amounts contributed by the City for administrative fees and to the Contingency Reserve Fund, GARESOLUTN'2004TERS-POA.doc Resolution 2004-31 Section 5. That the City Council appoints and directs the Director of Administrative Services to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of City all functions required of it under the Act and Regulations of the Board of Administration, Section 6 That coverage under the Act be effective on or before August 1, 200.4: PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of May , 2004. 6 9 ""Jo vrCity Cie REVIEWED AND APPROV APPROVED AS TO FORM: Y^. City Administrator ity Attorney ►' 1 INITIATEDD PP ED: Director o Administrative Services GARES0LUTN\2004\-PERS-P0A.doc 2 Res. No. 2004-31 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 an adjourned regular meeting thereof held on the 17th day of May 2004 by the following vote: AYES: Coerper, Hardy, Green, Cook, Houchen NOES: Sullivan, Boardman ABSENT: None ABSTAIN: None 0 m ,4Ssianwr City Clerk and ex-officio berk of the City Council of the City of Huntington Beach, California 0 i - tk ie f j`na CITY OF HUNTINGTON BEACH ►- p2 rmtr►e.f k1f. MEETING DATE: June 2, 2003 1- NBPorl DEPARTMENT ID NUMBER: AS-03-22 Council/Agency Meeting Held: % 7 0,3 Deferred/Continued to: XApproved ❑ Conditionally Approved ❑ Denied 1011, City Clerk's Signat Council Meeting Date: June 2, 2003 Department ID Number: AS-03-22 a CITY OF HUNTINGTON BEACH REQUEST FOR ACTION rr- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL rye ' .:'Zzlz c, SUBMITTED BY: RAY SILVER, City Administrators - 1 PREPARED BY: CLAY MARTIN, Director of Administrative Services SUBJECT: ADOPT RESOLUTION APPROVING SIDE L ER TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE OFFICERS' ASSOCIATION Aa , fie, ?06),3-3S Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Under Government Code §3304(b), the City is statutorily required to provide an administrative appeal process to all sworn Police Officers for the following "punitive actions" (as defined in Government Code §3301): (i) official reprimands; (ii) punitive transfers that do not involve a loss of pay, and (iii) non -punitive transfers that do result in a loss of pay. Fundinq Source: There is no fiscal impact associated with this action. Recommended Action: Adopt Resolution No. -38 , a resolution of the City Council of Huntington Beach amending the Memorandum of Understanding. between the City of Huntington Beach and Huntington Beach Police Officers' Association to reflect an agreed upon Administrative Appeal Procedure. Alternative Action(s): Direct staff to modify the proposed Administrative Appeal Procedure to meet City Council direction. Analysis: Government Code §3304(b) as interpreted by case law (Otto v. Los Angeles Unified School District (2001) 89 Cal.App.41h 985) requires that some appeal procedure be made available to all "public safety officers" as defined at Gov't Code § 3301. The City is PARCATOA side letter admin appeals.doc -2- 5/20/2003 3:46 PM REQUEST FOR ACTION MEETING DATE: June 2, 2003 DEPARTMENT ID NUMBER: AS-03-22 statutorily required to provide an administrative appeal process to all sworn Police Officers for the following "punitive actions": (i) official reprimands; (ii) punitive transfers that do not involve a loss of pay, and (iii) non -punitive transfers that do result in a loss of pay. It does not apply to non -punitive transfers imposed on a public safety officer that do not result in a loss of pay. Case law allows such an appeal procedure to be more limited than that afforded under the City's Personnel Rules for all regular employees. (James v. City of Coronado (2003) 106 Cal.App.41h 905.) City management representatives and members of the Police Officers' Association (POA) worked jointly to develop the attached side letter to meet the requirements of Government Code §3304(b). A key component of the appeals process as proposed is the development of an internal Administrative Arbitration Panel to review all appeals under the proposed procedure. The Panel will be comprised 'of three police department employees; one selected by the POA, one selected by the Chief of Police, and the third selected by mutual agreement between the first two panel members. A Panel member will serve a one-year term. Decisions by the Administrative Arbitration Panel are binding with no further right to appeal. Attachment(s): RCA Author: Sharon Hennegen PARCATOA side letter admin appeals.doc -A- 5/20/2003 3:46 PM aZ ATTACHMENT #1 RESOLUTION NO. 90n-j--jR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION TO REFLECT AN AGREED UPON ADMINISTRTIVE APPEAL PROCEDURE` WHEREAS, the City Council of the City of Huntington Beach desires to modify the Memorandum of Understanding with the Huntington Beach Police Officers' Association to reflect an agreed upon administrative appeal procedure, NOW, THEREFORE, the City Council of the City of Huntington Beach resolves as follows: 1. The Side Letter of Agreement, with effective date of June 3, 2003, to the Memorandum of Understanding (M.O.U.) Between the City of Huntington Beach and the Huntington Beach Police Officers Association, a copy of which is attached hereto and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof. 2. The City Administrator is authorized to execute this Side Letter on behalf of the City. 3. The Side. Letter shall be effective for the term of the current M.O.U. adopted by Resolution No. _2003-38 and shall be included in any new Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of June, , 2003. Mayor ATTEST: j APPROVED AS TO FORM: S02 City Clerk' City Attorney REVIEWED AND APPROVED: City A inistrator INITIATED AND APPROVED: w. Chief of Police 03reso/side letter/5/8/03 EXHIBIT #A Side Letter of Agreement — Administrative Appeal Procedure Between the City of Huntington Beach and the Huntington Beach Police Officers' Association Effective Date: June 3, 2003 This is to memorialize an agreement between the City of Huntington Beach and the Huntington Beach Police Officers' Association (POA) to reflect an agreed upon Administrative Appeal Procedure For Compliance With Government Code Section 3304(b), and include this Side Letter as Exhibit H of the current 2002-2003 Memorandum of Understanding. This agreement is to be incorporated into any future Memorandum -of - Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. Exhibit H — Administrative Appeal Procedure shall now read: 1. Authority a. Rule 19 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 19 applies to all permanent City employees. b. Government Code Section 3304(b) allows that an appeal procedure be made available to all "public safety officers" (as defined at Government Code § 3301) for the following "punitive actions:" (i) official reprimands; (ii) punitive transfers that do not involve a loss of pay, and ,(iii) non -punitive transfers that does. result in a loss of pay. Such actions will be collectively referred to as an "Action. Case law allows such an appeal procedure to be more limited than afforded under Rule 19. C. This Side Letter is intended to establish the Administrative Arbitration Panel to hear appeals from public safety officers. This Side Letter only applies to an "Action" as defined above in "b." It does not apply to a non -punitive transfer imposed on a public safety Res aoo3-32 officer that does not result in a loss of pay. (Government Code § 3304(b)) 2. Administrative Arbitration Panel .a Appeals will be heard by a neutral fact finding group of three city employees. b. Only active full-time employees of the City of Huntington Beach Police Department may serve on the Administrative Arbitration Panel. The Panel is comprised of one employee selected by the POA, one employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two Panel members. If no agreement can be reached, the "strike -out' process will be used to select the third Panel member, with the POA and the Chief each submitting four names for consideration. A coin toss will determine the party striking first with the POA reserving the right,to, call the coin or defer: C. The panel member selected by the Chief of Police, the POA, and the panel member selected by the Chief of Police and the POA shall each select one alternate to the panel to serve in place of a panel member who has direct involvement in the punitive action or is a party to the issue. d. A Panel member will serve one year. e. If the Panel member selected to serve on an Administrative Arbitration Panel has direct involvement in the punitive action or is a party to the issue, he or she will be replaced by the alternate. 3. Appeal Notice a. An appealing officer has five (5) calendar days from date of receipt of an "Action" to file a written appeal with the Police Chief; otherwise, the "Action" shall stand as issued with no further rights to appeal. b. If an officer chooses not to appeal an "Action, " they may submit a written rebuttal within thirty (30) days from date of receiving the "Action." The written rebuttal will be filed with the "Action" in the officer's official personnel file. 4. Scheduling of Hearing Upon receipt of the written appeal notice, the Chief of Police is required to immediately request the Administrative Arbitration Panel to convene for a hearing. The Administrative Arbitration Panel is required to convene within thirty (30) days of receiving notice from the Police Chief. 5. Hearinq Procedure a. All hearings shall be closed to the public unless the disciplined officer requests a public hearing. b. All hearings shall be tape-recorded. c. The Administrative Arbitration Panel shall hear testimony from the appealing officer and the Department (specifically, the officer who investigated the conduct that led to the Written Reprimand). Testimony shall not exceed one hour from each side and an additional fifteen (15) minutes shall be given to each for rebuttal. The Department shall be heard first. d. If an appealing officer wishes to submit a written argument in lieu of oral testimony, the officer may do so provided that the opposing party, is notified. The written testimony may not exceed one thousand five hundred (1,500) words. The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3) days in advance of the scheduled hearing. e. There is no right to sworn testimony, subpoenas, cross-examination or representation by third parties, including attorneys, at the hearing. � ao03 -3Ff f. In all "Actions" involving punitive discipline, the burden of proof shall be on the Department to show by a preponderance of the evidence that just cause exists for imposing discipline. In all non -punitive "Actions" (e.g.; anon -punitive transfer that results in a loss of pay), the burden of proof shall be on the` Department to' show by a preponderance of the evidence that reasonable grounds exist for the transfer. 6. Rendering of Decision by the Administrative Arbitration Panel a. At the conclusion of the hearing, the Administrative Arbitration Panel shall deliberate in closed session. b. The decision of the Administrative Arbitration Panel is binding with no further rights to appeal. C. The decision of the Administrative Arbitration Panel must be issued in writing to the appealing officer within seven (7) calendar days from the conclusion of the hearing. d. The member of the Administrative Arbitration Panel who was selected by the POA and the Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties. e. The decision shall include the following: ➢ Sustained ("Action" stands) ➢ Not Sustained ("Action" does not stand) f. In the event an officer's "Action" is Sustained, the officer may, within five (5) calendar days from the date of the Administrative Arbitration Panel's decision, file a written rebuttal. The written rebuttal will be filed with the "Action" in the employee's official personnel file, along with the tape recording of the hearing. It is the understanding of the City of Huntington Beach and the Huntington Beach Police Officers' Association that this side letter to existing 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 side letter to the Memorandum -of -Understanding this %:�ft day of May, 2003 CITY OF HUNTINGTON BEACH William P. Workman Assistant Citv Administrator Clay Mn Direct r of Administrative Services APPROVED AS TO FORM: Len n=i f /(M:::c:tGrath /07 City Attorney HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION Russell Reinhart, POA President Res. No. 2003-38 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 an regular meeting thereof held on the 2"d day of June, 2003 by the following vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the. City of Huntington Beach, California (5) June 2, 2003 Council/Agency Agenda - Page 5 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes (120.65) - Approve and adopt the minutes of the City Council/Redevelopment Agency Regular Meetings of March 3, 2003, the City Council Adjourned Regular Meeting of March 14, 2003 and the City Council/ Redevelopment Agency Regular Meetings of March 17, 2003 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. Approved as amended to remove Late communication matrix received from Administration submitted for Jill Hardy's Council item on March 17, 2003 minutes. 7-0 (Houchen, Hardy abstained from 313 and Houchen from 3117103 minutes due to absence.) E-2. (City Council) Adopt Resolution No. 2003-38 ADDrovina Side Letter to the Memorandum of Understanding (MOU) between the City and the Police Officers' Association to Reflect a Mutual Agreement on an Administrative Appeal Procedure (720.20) - Adopt Resolution No. 2003-38 — "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association to Reflect an Agreed Upon Administrative Appeal Procedure." Submitted by the Administrative Services Director. Funding Source: No fiscal impact with this action. Adopted 7-0 E-3. (City Council) Adopt Resolution No. 2003-39 ADDrovina the Application and Assurances for Grant Funds from the California State Coastal Conservancy for South Beach Improvements, Phase II (Standard Agreement No. 02-145) (600.20) Adopt Resolution No. 2003-39 —'A Resolution of the City Council of the City of Huntington Beach Approving the Application and Assurances for Grant Funds from the California State Coastal Conservancy South Beach Improvements, Phase Il." Submitted by the Community Services Director. Funding Source: Not Applicable. Adopted 7-0 E-4. (City Council) Accept Bid and Award Maintenance Service Contract to Elite Bobcat Service. Inc. for Repair/Replacement of Pedestrian Improvements on Nantucket Drive (s/o Yorktown Avenue, w/o Bushard Street); MSC 419 (600.70) —1. Accept the lowest responsible/responsive bid submitted by Elite Bobcat Service, Inc. in the amount of $189,422.95; and 2. Authorize the Mayor and City Clerk to execute a contract in substantially the same form as the attached sample construction contract. Submitted by the Public Works Director. Funding Source: Measure M Fund Account, Pedestrian Improvements, $200,000. Approved 7-0 1 CITY OF HUNTINGTON BEACH MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: AS-03-16 Council/Agency Meeting Held: Deferred/Continued to: &(Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signaturtg, <"t Council Meeting Date: April 7, 2003 Department ID Number: AS303=1.6 ; M. CITY OF HUNTINGTON BEACH REQUEST FOR ACTION t� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, City Administrator oui-' PREPARED BY: CLAY MARTIN, Director of Administrative Services ��so'Gt vf-i Ale), �003 - 6Z` SUBJECT: ADOPT RESOLUTION APPROVING SIDE ETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE OFFICERS' ASSOCIATION Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Memorandum of Understanding (MOU) with the Huntington Beach Municipal Employees' Association (MEA) and the Huntington Beach Management Employees' Organization (MEO) approved by the City Council on December 16, 2002 includes a provision to provide the Pre - retirement Optional Settlement 2 Death Benefit and increase the 1959 Survivor's Benefit from Level III to Level IV for miscellaneous members in the city's retirement contract with the California Public Employees' Retirement System (CaIPERS). As members of the miscellaneous group with CalPERS,, non -safety Non -associated employees and non -safety members of the Police Officers' Association (POA) will also receive these benefits. This side letter recognizes that this CaIPERS contract amendment will benefit the miscellaneous members of the POA. Funding Source: According to CalPERS actuarial study dated January 14, 2003, the Pre -retirement Optional Settlement 2 Death Benefit will increase the employer normal rate by 0.105%,.Due to excess assets in the City's miscellaneous retirement plan, no employer contribution is required this fiscal year. If there were no excess assets, the normal employer cost would be approximately $31,500 per year for local miscellaneous members. W.Al Employees contribute $2.00 per month for the 1959 Survivor's Benefit. This benefit is a pooled fund of all public agencies contracted with CaIPERS for the Fourth Level. Due to P:\RCA\POA side letter PERS for misc.doc 4- 3/17/2003 5:38 PM REQUEST FOR ACTION MEETING DATE: April 7, 2003 DEPARTMENT ID -NUMBER: AS-03-16 excess assets in the Fourth Level pool, no employer contribution is required this fiscal year. Additionally, none is expected in Fiscal Year 2003-2004, unless actual experience in the pool is less favorable then assumed. If there were no excess assets, the normal employer cost would be approximately $42,300 per year for local miscellaneous members. Recommended Action: Adopt Resolution No. o2603 Q 3 a resolution of the City Council of Huntington Beach amending the Memorandum of Understanding between the City and the Huntington Beach Police Officers' Association by adopting the side letter of agreement (regarding retirement benefits for miscellaneous members). Alternative Action(s): The MOUs with MEA and MEO approved by the City Council included the provision for this contract amendment; all alternatives would have been considered at that time. Analysis: The final reading of an ordinance to provide Pre -retirement Optional Settlement 2 Death Benefit and Fourth Level of 1959 Survivor's Benefit for local miscellaneous members is agendized for this City Council Meeting (April 7, 2003). The classifications of Communication Operator, Communication Supervisor, Detention Officer, Detention Officer Nurse, and Senior Detention Officer are included in the CalPERS miscellaneous group and are represented by the POA. This side letter to the POA MOU formalizes the recognition that the miscellaneous members of the POA will receive the benefit of this contract amendment with CaIPERS. Non -safety Non -associated employees will receive the benefit of this contract amendment as well. Attachment(s): RCA Author: Sharon Hennegen P:\RCA\POA side letter PERS for misc.doc ,0- 3/17/2003 5:38 PM a ATTACHMENT #1 RESOLUTION NO. 2003-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION, BY: ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on May 21, 2001, the City Council of Huntington Beach adopted Resolution No. 2001-28 for the purpose of adopting the 2000/03 Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (HBPOA); Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPOA agreed to changes, corrections, and clarifications to the. MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of April , 2003. ATTEST: City Clerk REVIEWED AND APPROVED:. City Ad inistrator Mayor APPROVED AS TO FORM: dity Atto ey 1.11U �(03 INITIATED AND AP D: Director o Administrative Services 03 reso/mou-hbpoa/3/6/03 Res. No. 2003-23 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 an regular meeting thereof held on the 7th day of April 2003 by the following vote: AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: Sullivan ABSTAIN: None City Clerk and ex-officio C erk of the City Council of the City of Huntington Beach, California EXHIBIT #A Side Letter of Agreement — Retirement Between the City of Huntington Beach and the Huntington Beach Police Officers' Association Effective Date: May 9, 2003 This is to memorialize an agreement between the City of Huntington Beach and the Huntington Beach Police Officers' Association (POA) to reflect agreed upon changes, corrections or clarifications to Article XI — Retirement of the existing 2000-2003 Memorandum -of -Understanding. This agreement is to be incorporated into any future Memorandum -of - Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. ARTICLE XI - RETIREMENT A. Benefits: 5. 2% @ Age 55 Plan — Members of the city's miscellaneous retirement plan with the California Public Employee Retirement System (CaIPERS) shall receive the 2% at age 55 CalPERS retirement plan. a. Pre -Retirement Optional Settlement 2 Death Benefit Members of the city's miscellaneous retirement plan shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit. b. Fourth Level of 1959 Survivor Benefits Members of the city's miscellaneous retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. It is the understanding of the City of Huntington Beach and the Huntington Beach Police Officers' Association that this side letter to the existing 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 side letter to the Memorandum -of -Understanding this day of March, 2003. HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION �1 �r / William P. Workman Russell Reinhart, POA President Assistant City Administr for C, Clay Ma Direct r of Administrative: Services. APPROVED AS TO FORM: J nhifer M Grath ity Attorney RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: ADOPT RESOLUTION APPROVING SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE OFFICERS' ASSOCIATION COUNCIL MEETING DATE: I APRIL 7, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS EXPLANATION FOR RETURN, OF ITEM: RCA Author: Sharon Hennegen CITY OF HUNTINGTON BEACH C!�� MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: AS-02-049 Council/Agency Meeting Held: /2 14-02-- Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatur Council Meeting Date: December 16, 2002 Department ID Number: AS-02-049 CITY OF HUNTINGTON BEACH PPS'"e)a / 2 C REQUEST FOR ACTION O C n SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL 0 Y " _r1 �> SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR w zo, l PREPARED BY: WILLIAM P. WORKMAN, ASSISTANT CITY ADMINISTRATrOR CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVICES v SUBJECT: ADOPT RESOLUTION APPROVING SIDE LETTER O MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE OFFICERS' ASSOCIATION -IV c26 CvD� Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: As required by the 2000-2003 Huntington :Beach Police Officers' Association Memorandum of Understanding the city and Police Officers' Association have come to a side letter of agreement regarding health insurance for calendar year 2003. Funding Source: Funding is included in the Fiscal Year 2002/2003 Budget. The total annual cost to implement the Side Letter of Agreement with the Huntington Beach Police Officers' Association is approximately $277,000. Recommended Action: Adopt Resolution No. a resolution of the City Council of Huntington Beach amending the Memorandum of Understanding between the City and the Huntington Beach Police Officers' Association by adopting the side letter of agreement. Alternative Action(s): Reject the resolution and maintain the current health insurance premiums caps. H:\RCA's\POA side letter.doc -2- 11/27/2002 10:41 AM REQUEST FOR ACTION MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: AS-02-049 Analysis: Representatives of the city and the Huntington Beach Police Officers' Association (POA) have completed the meet and confer process on a side letter of agreement for health benefits for the 2003 calendar year. Effective January 4, 2002 employees will share in the cost for 2003 medical, dental, and vision increases. Depending on the category of coverage selected by each employee in the medical, dental, and vision plans, employees will be contributing through a pre-tax payroll deduction between approximately $160.00 and $890.00 per year to offset the cost of 2003 health insurance increases. Year 2003 Premiums The city "caps" its contributions for 2003 premiums at the level set forth in the chart below: . 'Monthly City Paid Premium City Plan HMO Dental (PPO) Dental (PMI) Vision EE $336.05 $236.31 $42.88 $23.00 $17.58 EE + 1., , ' 664.53 517.79 81.82 39.11 17.58 EE + 2 or more 813.62 682.46 116.36 59.81 17.58 Employee bi-weekly payroll deduction contributions for 2003 premiums are set forth in the chart below: Bi-Weekly - Dental Dental Employee Paid City Plan HMO (PPO) (PMI') Vision Premium EE. $12.00 $5.95 $1.89 $0.00 $0.23 EE+ 1 23.72 13.05 3.66 0.00 0.23 EE + 2 or more 29.04 17.20 5.12 0.00 0.23 Attachment(s): RCA Author: William McReynolds H:\RCA's\POA side letter.doc -3- 11/27/2002 10:41 AM RESOLUTION NO. 2002-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on May 21, 2001, the City Council of Huntington Beach adopted Resolution No. 2001-28 for the purpose of adopting the 2000/03 Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (HBPOA); Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPOA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of December , 2002. Mayor APPROVED AS TO FORM: City Attorney I, ,1I�51UGC fj 1. INITIA <T1 City Admi istrator of AidministnhNe Services GARES0LUTN\2002\mou-hbpoa 112502.doc EXHIBIT A Side Letter of Agreement — Health and Other Insurance Benefits Between the City of Huntington Beach and the Huntington Beach Police Officers' Association Effective Date: January 4, 2003 This is to memorialize an agreement between the City of Huntington Beach and the Huntington Beach Police Officers' Association (POA) to reflect agreed upon changes, corrections or clarifications to. Article X — Health and Other Insurance Benefits of the existing 2000-2003 Memorandum -of -Understanding. This agreement is to be incorporated into any future Memorandum -of - Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. Article X — Health and Other Insurance Benefits shall now read: ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS A. Health: The city shall continue to.make available group. medical, dental and vision benefits to all POA employees. 1. Eligibility Criteria and Cost: a. Year 2003 Premiums The city "caps" its contributions for 2003 premiums at the level set forth in the chart below: Monthly City Paid Premium City Plan HMO Dental (PPO) Dental (PMI) Vision EE $ 336.05 $ 236.31 $ 42.88 $ 23.00 $ 17.58 EE + 1 664.53 517.79 81.82 39.11 17.58 EE + 2 or more 813.62 682.46 116.36 59.81 17.58 X. `Ze . oIUQeC - /,? 6 Employee bi-weekly payroll deduction contributions for 2003 premiums are set forth in the chart below: Bi-Weekly Dental Dental Employee Paid City Plan HMO (PPO) (PMI) Vision Premium EE $ 12.00 $ 5.95 $ 1.89 $ 0.00 $ 0.23 EE + 1 23.72 13.05 3.66 0.00 0.23 EE + 2 or more 29.04 17.20 5.12 0.00 0.23 b. Future Premiums The city "caps" its contributions toward monthly group medical, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan, at the year 2003 level. Until the City Council approves a successor Memorandum -of - Understanding, the city's 2003 contribution caps will remain in place in 2004 and beyond, even if premium increases result in these additional costs being borne by the employee. c. Dependent Health Coverage ..The. city will assume payment for dependent health insurance, effective the first of the.month following the month during which the employee completes one (1) year of full time continuous service with .. . the city. 2. Medical Cash -Out If an employee is covered by a medical program outside of a city - provided program (evidence of which must be supplied to Administrative Services Department), they may elect to discontinue city medical coverage and receive ninety two dollars and thirty-one cents ($92.31) bi- weekly to deposit into their Deferred Compensation account or any other pre-tax program offered by the city. 3. Section 125 Plan Employees may begin utilizing this plan, which allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. B. Life Insurance 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 ASSOCIATION shall remain in effect for all 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 Disability Due to Illness First 60 Days Regular Pay Regular Pa Next 24 Months 66 2/3% of Base Pay Same To Age 65 66 2/3% of Base Pay None 2. Days and months refer to calendar days and months. Benefits under the Plan are integrated with Workers' Compensation, Social Security and other non -private program benefits to which the employee may be entitled. Disability is defined as the inability to perform all of the duties of regular occupation during two years and thereafter the inability to engage in any employment or occupation for which he/she is fitted by reason of.education, training or experience. 3. Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Plan will provide 66 2/3% of difference between regular pay and pay of other occupation. 4. Survivors benefit continues plan payment for three (3) months beyond death. 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. 1959 Survivors' Benefit Level IV POA employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified in Section 21574. It is the understanding of the City of Huntington Beach and the Huntington Beach Police Officers' Association that this side letter to existing 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 side letter to the Memorandum -of -Understanding this Z.o day of November, 2002. CITY OF HUNTINGTON EACH William P. Workman Assistant City Administrator Clay M m Direct of Administrative Services APPROVED AS TO FORM: Gail Hutton City Attorney HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION Z=--te �r Russell Reinhart, POA President Jeff ss, OOA Secretary Dennis Hashin, POA Treasurer rk Reid, Chief Negotiator Res. No. 2002-126 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 an regular meeting thereof held on the 16tn day of December, 2002 by the following vote: AYES: Sullivan, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None ABSTAIN: Coerper City Clerk and ex-officio C rk of the City Council of the City of Huntington Beach, California 0 E�7 � h <. ' vz ;A t 4x #i gq gfzp- 5G pp Q (,O Wl Wl wwl LG>i l 6'rL { � 3 lkreulk ��� — c_ TIN) 0. gklV, t44i �1 J Council/Agency Meeting .Held: Deferred/Continued to: Approved _❑ Conditionally Approved ❑ Denied cil Meeting Date: June 3, 2002 kJ. Cffy C1Iz's Signature Department ID Number: AS-02-014 CITY OF HUNTINGTON BEACH T REQUEST FOR ACTION SUBMITTED TO: - HONORABLE MAYOR AND CITY COUNCIL MEMBERS ` SUBMITTED BY: RAY SILVER, CITY ADM INISTRATORIIZ,K-P ' -= PREPARED BY: CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVICE'S -- w � SUBJECT: APPROVAL OF SIDE LETTER TO MEMORANDUM OF n UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICER ASSOCIATION REGARDING DETENTION OFFICERS HOURS OF WORK/OVERTIME �& . add,2._S�Z Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council approve a change to the Memorandum -of -Understanding between the City and the Huntington Beach Police Officers' Association regarding Detention Officers hours of work and overtime? Funding Source: Not Applicable Recommended Action: Adopt Resolution No.a resolution of the City Council of Huntington Beach changing the Memorandum -of -Understanding between the City and the Huntington Beach Police Officers' Association regarding Detention Officers hours of work and overtime. Alternative Action(s): Reject the resolution and maintain the current Memorandum -of -Understanding between the City and the Huntington Beach Police Officers' Association. REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: AS-02-014 Analysis: By City Council approval, on January 23, 1999, the work schedule for Police Officers was adjusted to an 11 hour and 25 minute shift, three days a week, (" 7/11.5"). The current schedule for Detention Officers, Senior Detention Officers and Detention Officer/Nurses is ten hours, four days a week (4/10). Under this schedule, at least one shift per week is automatically overtime. An analysis of work hours in the jail facility confirmed that moving from a 4/10 to a 7/11.5 schedule would significantly reduce overtime pay. This new work schedule for Detention Officers was discussed at a recent Labor Management Relations Committee meeting between the City and the Huntington Beach Police Officers' Association, (POA), which represents Detention Officers. The POA is in favor of this work schedule change. Attachment(s): RCA Author: Sharon Hennegen Z:\RCA's\detention officers work schedule.doc -2- 5/23/2002 11:53 AM ATTACHMENT #1 RESOLUTION NO. 2002-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT (REGARDING SENIOR DETENTION OFFICERS, DETENTION OFFICERS, AND DETENTION OFFICER NURSES) WHEREAS, on May 21, 2001, the City Council of Huntington Beach adopted Resolution No. 2001-28 for the purpose of adopting the 2000/03 Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (HBPOA); Subsequent to the adoption of the MOU, the City of Huntington Beach and HBPOA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to a change in the work hours of Senior Detention Officers, Detention Officers, and Detention Officer Nurses. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The .Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of June , 2002. ATTEST: City Clerk A-)Z-oZ REVIEWED AND APPROVED: City Ad 'nistrator Mayor FR9Ut • �1KeIIelM City Attorney �� Styv° 1NITIA APPR Director Administrative Services 02reso/mou-hbpoa/rj w/j n/5/22/2002 Res. No. 2002-52 EXHIBIT*A Res. No. 2002-52 Side Letter of Agreement - Hours of Work/Overtime Between the City of Huntington Beach and the Huntington Beach Police Officers' Association Effective Date: June 8, 2002 This is to memorialize an agreement between the City of Huntington Beach and the Huntington Beach Police Officers' Association to reflect agreed upon changes, corrections or clarifications to the existing 2001-2003 Memorandum -of -Understanding. This agreement is to be incorporated into any future Memorandum -of - Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. Beginning with the June 8, 2002 shift change, a 7/11.5" work schedule will be implemented for Detention Officers, Detention Officer Nurses, and Senior Detention Officers, assigned to the Jail. Workday A workday for employees assigned to the 7/11.5" work schedule will consist of eleven (11) hours and twenty-five (25) minutes of work, meal times to be included in the shift. Work Period For those employees working eleven (11) hours and twenty-five (25) minutes a day, the "work period" will consist of two (2) consecutive weeks, with three (3) shifts of eleven (11) hours and twenty-five (25) minutes in first week and four (4) shifts of eleven (11) hours and twenty-five (25) minutes in the second week. The total hours for these two consecutive Res. No. 2002-52 weeks shall be considered equaling eighty (80) hours. The two -week cycle then repeats itself. 1A/nrlr (Zk;f L- 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 1705 hours to 0430 hours Watch Three — will work 1905 hours to 0630 hours These "7/11.5" watches are subject to change to meet the department's needs. Overtime Employees shall receive their premium over -time salary rate for all time worked in excess of their regularly scheduled shift and/or 80-hour work period. All other provisions of the Memorandum -of -Understanding not amended by the above shall remain the same. It is the understanding of the City of Huntington Beach and the Huntington Beach Police Officers' Association that this side letter to existing 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. Res. No. 2002-52 IN WITNESS WHEREOF, the parties hereto have executed this side letter to the Memorandum -of -Understanding this sth day of May, 2002. CITY OF HUNTINGTON 814�w P-A William P. Workman Assistant City Admini Clay Marti Director Administrative Services C� Captain Charles Thomas APPROVED AS TO FORM: Gail Hutton s-11a/a z Gct ` City Attorney HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION Russell Reinhart President HBPOA Kreg N16gr Vice -President HBPOA PPOA idNegotiator Res. No. 2002-52 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 3rd day of June, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: APPROVAL OF SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICER ASSOCIATION REGARDING DETENTION OFFICERS HOURS OF WORK/OVERTIME COUNCIL MEETING DATE: June 3, 2002 RCA ATTAC H M E NTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attome 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 (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff �- City Administrator Initial -Assistant City Administrator Initial �B City Clerk �- EXPLANATION O. RETURN OF -ITEM: l "M c. mmTtiv , ADM- *4V, Council/Agency Meeting Held: 0�1' 01-02 Deferred/Continued to: )(Approveq ❑ Conditionally Approved ❑ Denied Clerk' Signature Council Meeting Date: APRIL 1, 2002 Department ID Number: AS-02-010 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION ; : - 3 �s :Z: (1 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -,2, SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR-4X-�9 o `—� PREPARED BY: CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVICES - SUBJECT: APPROVAL OF SIDE LETTER TO MEMORANDUM OFF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICER ASSOCIATION REGARDING HOLIDAYS Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council approve a change to the Memorandum -of -Understanding between the City and the Huntington Beach Police Officers' Association regarding holidays? Funding Source: Not Applicable Recommended Action: Approve Resolution No. ,200;2-c�l , a resolution of the City Council of Huntington Beach changing the Memorandum -of -Understanding between the City and the Huntington Beach Police Officers' Association regarding holidays. Alternative Action(s): Reject the resolution and maintain the current Memorandum -of -Understanding between the City and the Huntington Beach Police Officers' Association. REQUEST FOR ACTION MEETING DATE: APRIL 1, 2002 DEPARTMENT ID NUMBER: AS-02-010 Analysis: During a recent Labor Management Relations Committee (LMRC) meeting between the City and the Huntington Beach Police Officers' Association (POA) it was decided that in the current Memorandum -of -Understanding (MOU) between the City and the POA, that the City's legal holiday policy is not clear on what day a legal holiday is to be observed. To clarify that the City will observe all legal holidays on the actual date of the holiday, the following statement will be removed from the current POA MOU, "Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday, shall be observed the preceding Friday." This agreement between the City and the POA is to be incorporated into any future MOUs between the City and the POA. Attachment(s): RCA Author: William McReynolds H:\RCA's\POA Side Letter Holiday.doc -2- 3/21/2002 12:49 PM ATTACHMENT #1 RESOLUTION NO. gnn,)_9 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on May 21, 2001, the City Council of Huntington Beach adopted Resolution No. 2001-28 for the purpose of adopting the 2000/03 Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (HBPOA); Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPOA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach. and the HBPOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of April , 2002. ATTEST: City Clerk ey-oN-af- REVIEWED AND APPROVED: City Administfator //O / lu, or go APPROVED AS TO FORM: Cit Attorney �tjrt3lyolol- =3-c9e-cs'z =PR INIT Director of A inistrative Services 02reso/mou-hbpoa/3-19 Res. No. 2002-21 EXHIBIT A Re No. 2002-21 Side Letter of Agreement hECEIVED Between the City of Huntington Beach and the JAN ) 2 ?nor Huntington Beach Police Officers' Association CITY OF HUNTINGTON BEACH ADMINISTRATION OFFICE This is to memorialize an agreement between the City of Huntington Beach and the Huntington Beach Police Officers' Association intended to clarify intent by deleting language to the existing 2001-2003 memorandum of understanding (MOU). Delete the last sentence of Article XII.B Holidays, which reads: "Holidays which fall on Sunday shall be observed the following Monday, and those- falling on .Saturday, shall be observed the preceding Friday." This agreement is to be incorporated into any future memorandum of understanding between the City and the Huntington Beach Police Officers' Association. It is the understanding of the City and Huntington Beach Police Officers' Association that this side letter to the existing 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 side letter to the memorandum of understanding this 9th day of JanuQ2Q 4. City of Huntington Beach William H. Osness Human Resources Officer glfla'y Martin, Dire for Adm' 'strative Services Departryient � � / t William Workman Assistant City Adminisi Huntington Beach Police Officers' Association. R! isse!! Rainhar+ President c eid, HBPOA Representative POA Side Letter 12/11/01 9:16 AM Res. No. 2002-21 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 1st day of April, 2002 by the following vote: AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman NOES: None ABSENT: None ABSTAIN: None City Clerk. and ex-officio Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: APPROVAL OF SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICER ASSOCIATION REGARDING HOLIDAYS COUNCIL MEETING DATE: April 1, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED _ FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF ITEM: CITY OF HUNTINGTON BEAC ®6 S•�a� sCi�Ml���L MEETING DATE: June 18, 2001 DEPARTMEN I m1gr 'V 5 Council/Agency Meeting Held: Deferred/Continued to: proved ❑ Conditionally Approved ❑ D nied ler ' Signature Council Meeting Date: June 18, 2001 Department ID Number: PD-01-005 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION o SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 8P SUBMITTED BY: Ray Silver, City Administrator&,"" ; PREPARED BY: Ronald Lowenberg, Chief of Police c-) _ n SUBJECT: Adopt Resolution a100/-3S of the City uncil of the City of Huntington Beach Modifying Benefits and amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: To improve police recruitment efforts and provide assistance to current employees, City Council approval of a trial job -sharing program is requested as part of the attached side agreement with the Police Officers Association. The agreement would authorize up to five (5) positions in uniform patrol, one (1) position in police dispatch, and one (1) position in the jail to be eligible for job sharing. Funding Source: The existing, approved budget can absorb the approximate $8,000 maximum annual costs associated with this trial period. The costs are associated with benefits that must be provided to each employee sharing a job. The funds are available in General Fund Accounts as follows, Patrol (10070201), Communications (10070501), and Jail (10070601). Recommended Action: Adopt Resolution Woof- $ of the City Council of the City of Huntington Beach Modifying Benefits and amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. -3- REQUEST FOR COUNCIL ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PD-01-005 Alternative Action(s): Do not Adopt Resolution 2001 - 35 of the City Council of the City of Huntington Beach Modifying Benefits and amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. Analysis: The Huntington Beach Police Department has continually maintained a high level of recruitment for positions within the department. In the past few years, it has become very challenging to recruit personnel into law enforcement, due to the growth in the area of technology jobs, the low unemployment rate and other factors. Job sharing will enhance our recruitment ability and position the Huntington Beach Police Department as an innovator in law enforcement. The employee will also benefit by creating a better balance between job and family. Job sharing would allow two employees to share one job. This would be a test of the proposed program for a two-year period. Only employees covered under the Police Officers' Association would be eligible to participate in the program. The eligible employees must be classified as a police officer, communications operator or detention officer. The minimum requirement to participate in the program is that the employee must have at least 2 years full time experience with the Huntington Beach Police Department. A job may only be shared for a maximum of five (5) years. If a sharing partner leaves separates from employment, the other employee must return to full time employment in 90 days, unless replaced by another qualified job share employee. Most of the costs associated with this program are related to medical benefits. Each employee that shares a job will be provided with medical coverage, unless they provide proof of existing medical coverage. If the employee has existing medical coverage, a $200 stipend will be given to them. Medical coverage is provided for the employee only and does not extend to any other family members. Some minor costs are associated with overtime. All other benefits are equally divided between the two employees. It is estimated that the maximum annual cost would be $8000 for this program. The costs would be absorbed in the General Fund accounts for Patrol, Jail and Communications. Within 90 days of completion of the pilot program an evaluation report will be completed by the Police Department and given to the City Administrator. The evaluation will also make a recommendation on continuation or cancellation of the program. To lawfully accommodate this request, it is necessary that a side letter be added to the Memorandum of Understanding between the City and the Police Officers Association. The current MOU expires on September 30, 2003. Environmental Status: None -4- REQUEST FOR COUNCIL ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PD-01-005 RCA Author: Shawna Krone -Schmidt .5. RESOLUTION NO. 2001-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING BENEFITS AND AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION WHEREAS, the City Council of the City of Huntington Beach desires to modify benefits for employees represented by the Huntington Beach Police Officers' Association, NOW, THEREFORE, the City Council of the City of Huntington Beach resolves as follows: 1. The Side Letter dated April 25, 2001 to the Memorandum of Understanding (M.O.U.) Between the City of Huntington Beach and the Huntington Beach Police Officers Association, a copy of which is attached hereto and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof. 2. The City Administrator is authorized to execute this Side Letter on behalf of the City. 3. The Side Letter shall be effective for the term of the current M.O.U. adopted by Resolution No. 2001-28 and shall be included in any new Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of ATTEST: City Clerk A- 2S-ot REVIEWED AND APPROVED: (a?e� s� City Adminis ator 2001. Mayor APPROVED AS TO FORM: City Attorney l �d � -o . A 0l reso/side letter/5/23/01 Res. No. 2001-35 SIDE LETTER AGREEMENT April 25, 2001 Representatives of the Huntington Beach Police Officers Association and Police and City management met on January 17, 2001 for the purposes of meeting and conferring over the issue of Job Sharing for certain members of the HBPOA. As a result of that meeting agreement was reached to the following: DEFINITION: Job Sharing: Two employees share one job subject to the following conditions: ELIGIBILITY 1. Police Officers eligible for this program must have three (3) years experience as a patrol Officer for Huntington Beach Police. Lateral officers with two (2) years prior patrol experience are eligible after two (2) years of patrol assignment with HBPD. 2. Communications Operators eligible for this program must have three (3) years dispatch experience as a communications operator for Huntington Beach Police. Lateral Communication Operators with three (3) years of prior experience are eligible after two (2) years experience with HBPD. 3. Detention Officers are eligible after two (2) years experience as Detention Officers with HBPD. BENEFITS Job sharing employees will: 1. Bid for one position on a patrol squad or duty position. 2. Use the seniority of the junior member of the team to establish bid shift order. 3. Receive medical coverage for employee only or a $200 stipend upon proof of medical coverage per MOU proposal. 4. Accrue seniority for PERS and the department on a half time basis 5. Receive hourly pay 6. Receive one half (1/2) uniform allowance 7. Receive half education pay at individual rate 8. Receive Half holiday pay 9. Receive Sick time per MOU 10. Accrue vacation on half time basis 11. Earn seniority on half time basis. 12. Earn compensation for court appearance per MOU 13. Receive time and one half pay for mandatory overtime. Res. No. 2001-35 CONDITIONS: 1. Absent an emergency, employees seeking a return to full time assignment are required to give 90 day notice of intent. 2. In the event of an emergency separation of the sharing partner the remaining partner will enjoy a 90 day window within the shared position before returning to full time employment. 3. Return to full time when the sharing partner leaves the position unless replaced by another qualified job share employee. 4. Job sharing employees are not eligible for voluntary overtime. 5. Up to five positions would be eligible for job sharing in uniform patrol 6. Only one position in dispatch and the jail would be eligible for job sharing. 7. Job sharing employee cannot work specialty assignments (i.e. SWAT, Beach Detail, HNT) 8. Job sharing would be limited to a five (5) year term. Job sharing candidates leaving the position would be eligible for re-entry after one year in patrol. DURATION: The City and the POA agree to enter into this agreement with the understanding a two year trial period will begin at the time of the first job sharing team begins working a shift. During this trial period, either party may request to meet and confer regarding unforeseen or unintended consequences arising from this agreement. t ark C. Reid Dated: ")C'Z.N 'd/ For the City of Huntington Beach Ray Si er, City Administrator Dated: �` ,I—�2 t ri J Dated: Res. No. 2001-35 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 18th day of June, 2001 by the following vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer NOES: None ABSENT: Dettloff ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California SIDE LETTER AGREEMENT April 25, 2001 Representatives of the Huntington Beach Police Officers Association and Police and City management met on January 17, 2001 for the purposes of meeting and conferring over the issue of Job Sharing for certain members of the HBPOA. As a result of that meeting agreement was reached to the following: DEFINITION: Job Sharing: Two employees share one job subject to the following conditions: EL.IGIBIL.ITY 1. Police Officers eligible for this program must have three. (3) years experience as a patrol Officer for Huntington Beach Police. Lateral officers with two (2) years prior patrol experience are eligible after two (2) years of patrol assignment with HBPD. 2. Communications Operators eligible for this program must have three (3) years dispatch experience as a communications operator for Huntington Beach Police. Lateral Communication Operators with three (3) years of prior experience are eligible after two (2) years experience with HBPD. 3. Detention Officers are eligible after two (2) years experience as Detention Officers with HBPD. BENEFITS Job sharing employees will: 1. Bid for one position on a patrol squad or duty position. 2. Use the seniority of the junior member of the team to establish bid shift order. 3. Receive medical coverage for employee only or a $200 stipend upon proof of medical coverage per MOU proposal. 4. Accrue seniority for PERS and the department on a half time basis 5. Receive hourly pay 6. Receive one half (%) uniform allowance 7. Receive half education pay at individual rate 8. Receive Half holiday pay 9. Receive Sick time per MOU 10. Accrue vacation on half time basis 11. Earn seniority on half time basis. 12. Earn compensation for court appearance per MOU 13. Receive time and one half pay for mandatory overtime. CONDITIONS: 1. Absent an emergency, employees seeking a return to full time assignment are required to give 90 day notice of intent. 2. In the event of an emergency separation of the sharing partner the remaining partner will enjoy a 90 day window within the shared position before returning to full time employment. 3. Return to full time when the sharing partner leaves the position unless replaced by another qualified job share employee. 4. Job sharing employees are not eligible for voluntary overtime. 5. Up to five positions would be eligible for job sharing in uniform patrol 6. Only one position in dispatch and the jail would be eligible for job sharing. 7. Job sharing employee cannot work specialty assignments (i.e. SWAT, Beach Detail, HNT) 8. Job sharing would be limited to a five (5) year term. Job sharing candidates leaving the position would be eligible for re-entry after one year in patrol. DURATION: The City and the POA agree to enter into this agreement with the understanding a two year trial period will begin at the time of the first job sharing team begins working a shift. During this trial period, either party may request to meet and confer regarding unforeseen or unintended consequences arising from this agreement. For HBPOA t ark C. Reid Dated: For the City of Huntington Beach Q� �-/ � Ray Si er, City Administrator Dated: Dated: 2 « 4 - - : %: 2 § .�� ..: .� . .:� :. � : . �:�� .� : _ » »< ? ©. s � � . « . : : _ . � \ » 6 ��2 « » :? «HENT �. . � y § � :� �\ [� § �� � © \ � � / � �:a: » « : �>� : m�. » :� < �. . .. . .. ... .,� . :: � :: _ _ ._� � v . : r }. INITIATING DEPARTMENT: Police Department SUBJECT: Job Sharing Side Letter COUNCIL MEETING DATE: June 18,2001 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable 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 (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS' ...... 'REVIEWED RETURNED FORW RDED" .... Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) Citv Administrator (Initial) ( ) (rW ) I ".r 6/18/01 Public Comments summary for Speaker Norm Westwell AECOMDFROM A"D WOE A PA Speakers position on selected agenda items: cocEOFTW�,, MEM D-1 In Favor D-2 Against — Unnecessary expansion of governmental powers. D-3 Against — The public NEVER benefits in a no -bid contract Recommend this contract go i �- to bid. - E-6 Against — The city is currently paying a Director of Water Operations, an interim Director of Water Operations, in addition to full time staff. A very substantial sum of money. These paid employees, and consultant should be performing this type of work. If they cannot perform the necessary work of the city for normal water projects, either /i eliminate the city positions or the consultants. Paying both is absurd. E-8,/ Against — New "trial" programs should not be undertaken while the city is in our current budgetary shortfall. E-9 Against $45,000 for change orders! Let's get the project correct from the beaming. An anticipated $45,000 in change orders identifies a project which has not been carefully planned. Recommend using Grant money more efficiently by eliminating change orders. E-10 Against —A 1.2 million dollar expenditure should not be a Consent Calendar Item ! ! ! This is not a routine expenditure. The city has spent a half a million dollars on a police vehicle locator system that was to last 10 years minimum. The police abandoned it in less than 5. The city has yet to remove the old system transmitters spread through out the city. E-20 Against — If the people cannot enjoy the freedom to celebrate at home, on private property with safe and sane fireworks, the city should not be permitted to expend taxpayer money to engage in a monopoly enterprise, collecting money as a result of the restrictive ordinances it has established. Recommend re -legalizing limited safe and sane fireworks within the city limits and creating an ordinance prohibiting the unsafe use of safe and sane fireworks. Alternate action — Relocate future public fireworks displays back to the city pier, our cities landmark. F-1 In Favor — This is a fine example of a much needed and long overdue public project. H-3a. Against — NYMB_Y ! This is a feel good politically motivated ordinance that will serve no useful purpose. The state can't get people to wear seat belts! HB can force i ♦ people to purchase "some kind" of alarm equipment, but we can't make them use it. So what's the point. People must be responsible for their own actions. When the government removes all responsibilities from the people, the people are no longer responsible. The government is not here to protect children from drowning. If it were, it would be providing free swimming lessons. The government IS here to protect the liberties of individuals. Addendum — See U.S. Constitution Speakers oral comments: Speaker feels 4`h of July fireworks signs are ambiguous and cause confusion. (Speaker provided sign examples to council) Speaker against further funding of the D.A.R.E program. Reason: D.A.R.E. has been shown over and over to be an ineffective waste of money. Speaker presented council with a 10 year follow up study by the Journal of Consulting and Clinical Psychology with findings supporting the position that the program is a ineffective waste of money. This study may be found on the internet at: http://�vww.apa.brg/journals/ccp/ccp674590.html Presented council with additional background information by Jodi Upton and Kim Kozlowski of the Detroit News. This information may be found on the internet at: http://www.detnews.com/specialreports/2000/dare/skeptics/skeptics.htm Speaker against increasing fees for liability insurance for the rental of park facilities such as fire pits and barbecues. The city already has liability insurance for public property. We don't need insurance on top of insurance. These are public facilities intended to be used by the public. The public must not be charged over and over again to use it's own facilities. Speaker would like clarification of the reaffirmation of HB3-TV public policy for upcoming consideration. The cities current position is this is a "government" channel intended to showcase the cities position on issues and highlight city functions in a positive light for the public. The policy goes as far as to exclude the public because as a "government channel" the public has no right. to access. I would like to remind my elected officials, this is representative government OF THE PEOPLE, BY THE PEOPLE, AND FOR THE PEOPLE. Our government is the people themselves. The city has put itself into a position of "us against them" mentality. Instead of working with the community, it now works to oppose, oppress and censor the community. The public does not intend to continue paying for city sponsored propaganda. ¢ Recommend action: Direct staff to update HB-3TV policies ana procedures for reaffirmation. These policies and procedures should show intent and use of the facilities and must show it will operate in the best interests, benefit and necessity of the community and allow for public input and interaction. Alternate action: Eliminate HB3-TV because it only benefits public officials does not benefit the community at large. C. MA�fiN) AIDp1, e 1v- -- w_ a5�Ks5pAL, Council/Agency Meeting Held: --O) Deferred/Continued to: pproved ❑ Conditionally Approv d ❑ Denied i Cler ' Ignature i Council Meeting Date: May 21, 2001 Department ID Number: AS 01-015 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION o c SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ? m i SUBMITTED BY: RAY SILVER, City Administrator o7a C.') PREPARED BY: CLAY MARTIN, Director of Administrative Services a �m SUBJECT: APPROVE THE MEMORANDUM OF UNDERSTANDINGET-VEEV' THE CITY AND THE HUNTINGTON BEACH POLICE OFt1CQZS' ASSOCIATION Q , AJO, Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City of Huntington Beach enter into a new Memorandum of Understanding (MOU) with the Huntington Beach Police Officers' Association covering October 1, 2000 through September 30, 2003? Funding Source: Current year appropriation of $1,350,280 approved as part of the 2000/01 budget, account 10040101.79100 (Non -Departmental General Fund Contingency.) The annual cost of the current POA agreement is $16.7 million. The cost of the proposed POA agreement is $18.54 million annually. The proposed agreement has an increased cost of $1.83 million annually. Recommended Action: Approve Resolution Understanding between the City of Huntington Officers' Association (Association.) No.,920/-o?f adopting the Memorandum of Beach (City) and the Huntington Beach Police Alternative Action(s): Refer back to meet and confer process to modify the proposed Memorandum of Understanding with the Huntington Beach Police Officers' Association. Analysis: The representatives of the City and Association conducted numerous meet and confer meetings since June 2000 to reach agreement on a new MOU. On September 30, 2000, the previous MOU expired. In October, the Association declared impasse and both the City and Association agreed to the services of a State Mediator to seek a resolution. On January 23, 2001, a tentative mediated proposal was reached. On February 15, 2001, the Association voted to reject the mediated proposal and requested that the City clarify its position on several issues in writing. A draft MOU with clarifying language was provided to the Association on April 13, 2001. On April 18, 2001, the Association voted to accept the clarified language. REQUEST FOR COUNCIL ACTION MEETING DATE: May 21, 2001 1 . DEPARTMENT ID NUMBER: AS 01-015 This MOU is a three (3) year agreement to expire September 30, 2003. It includes an approximate eleven percent (11 %) salary. increase for Police Officers, a seven and three quarter percent (7 3/%) increase for Communication Operators, a three percent (3%) increase for Detention Officers, and a four percent (4%) increase for Detention Officer Nurse. All these increases are to be effective January 1, 2001. All association employees are to receive an additional salary increase as follows; three percent (3%) on September 29, 2001; two percent (2%) on March 20, 2002; two percent (2%) on September 28, 2002; and three percent (3%) on March 29, 2003. The City agreed to increase the monthly educational incentive program and provide tuition reimbursement to non -sworn employees. The annual uniform allowance was increased from $700 to $1,200. The January 2001 salary increases were included in the fiscal year 2000/02 budget. The City agreed to increase the City contribution to medical, dental and vision to cover any increased costs during the first two years of the MOU. The Association agreed to specific medical cost containments in the year 2002, with the elimination of the two-tier medical for new employees. The City agreed to provide the "3% @ 50" retirement plan as soon as PERS' approval is granted; while the Association agreed to pay for future City retirement costs up to a maximum of 2.25% from the PERS salary reimbursement. The City agreed to provide Level IV 1959 Survivor's Benefit. The City and Association agreed to language changes regarding 7/11.5 work schedule, tuition reimbursement, HBPOA participation in City committees, FTO pay for Communications Operators, motor pay, canine compensation, compensatory time, call back telephonic business, beach work schedule, meal allowance, and personnel rule changes. The Association agreed to implement a random drug and alcohol testing program for all sworn employees. A summary of the agreement is attached. The total cost of the three-year agreement is $6,607,087. Attachment(s): List attachment(s) below. 1. Summary of Tentative Agreement 2. Resolution and F�Chibi jic ,ctv !tii �xhi6ifs �''��u 'Al Memorandum of Understanding between the City of�on Beach and the Huntington Beach ,Police Officers' Association, October 1, 2000 through September 30, 2003. 3. HBPOA MOU Leaislative Draft RCA Author: William H. Osness 00-03 POA MOU -2- 5/9/01 10:07 AM siwNT 1 .. TT 3 i3�: tf IA CH'IM' � i 5 x (Tii W iP 1 . Ni * MHUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION TENTATIVE AGREEMENT SUMMARY HUNTINGTON BEACH 1. Term of Contract — October 1, 2000 through September 30, 2003. 2. Salary: Effective January 1, 2001: Police Officer $ 4,574 Police Officer, Sr. 4,856 Police Recruit 3,180 Communications Operator 3,785 Communications Supervisor 4,328 Detention Officer 3,938 Detention Officer Nurse 4,099 Detention Officer Senior 4,265 Police Officer $ 5,078 11.04 Police Officer, Sr. 5,390 11.00 Police Recruit 3,530 11.01 Communications Operator 4,078 7.76 Communications Supervisor 4,664 7.76 Detention Officer 4,057 3.05 Detention Officer Nurse 4,265 3.05 Detention Officer Senior 4,394 3.05 October, 2001 — The City will provide a 3% salary increase to the above classifications. April, 2002 — The City will provide a 2% salary increase to the above classifications (see health). October, 2002 — The City will provide a 2% salary increase to the above classifications. April, 2003 — The City will provide a 3% salary increase to the above classifications. RCA 00-03 POA MOU Summary Pade 1 2/13/01 2:55:58 PM R) . •� HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION TENTATIVE AGREEMENT SUMMARY HUNTINGTON BEACH 3. Educational Incentive Program — The City will increase educational incentive levels to the following amounts: `Leuel,l, Increase from $100 a month to $115 a month ;Levelll f Increase from $150 a month to $170 a month =z LevelF III,,, Increase from $300 a month to $ 330 a month ;, 01�z "'4 IV , Increase from $300 a month to $ 330 a month. Le�eIV RE, Increase from $300 a month to $ 330 a month 4. Tuition Reimbursement — City agrees to Association's tuition reimbursement program for non -sworn personnel. 5. Health — The City proposes to increase City contributions to the City's medical, dental and vision plans to cover added costs for June 2001 through 2002 and eliminate two -tiering of medical plan provided the Association agrees to the following: a. Exclusive HMO will be HealthNet starting January 2002. b. Association to select two of the three following cost containment measures in the City Plan no later than July 1, 2001 for 2002 plan year: 1) Deductible increased from $150 to $250 per individual and $450 to $500 per family. 2) Out of Network co -payment reduced from 70% to 60%. 3) Out-of-pocket maximum increase from $1,000 to $2,000 per individual and $2,000 to $4,000 per family. c. Employee to pick-up health plan cost increase in 2003. If projected plan costs exceed 10% for 2003, the City will meet and confer on plan costs and cost containments prior to August 1, 2002 at the Association's request. 6. Retirement — City will initiate the contract amendment process to provide the "3% @ 50" benefit and the Association agrees to pay one-half of the cost, a maximum of 2.25% of PERS salary, when the City, incurs cost. When approved by PERS, City agrees to provide Level IV 1959 Survivor's Benefit. RCA 00-03 POA MOU Summary Page 2 2/13/01 2:55:58 PM HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION LDTENTATIVE AGREEMENT SUMMARY HUNTINGTON BEACH 7. Flight Pay — Increase Certified Flight Instructor compensation from $450 a month to $800 a month. Increase Pilot compensation from $370 a month to $500 a month. 8. Court Time Compensation — The City will pay two (2) hours of straight pay for subpoenas cancelled with less than 24 hours notice. The City will increase the minimum for court standby time from two (2)..hours to three (3) hours of straight pay for each morning and afternoon court session. 9. Compensatory Time Accumulation — Increase maximum limit of Compensatory Time Accumulation from a maximum accumulation of 120 hours to 140 hours. 10. Uniform Allowance -- City agrees to increase Uniform Allowance from $700 to $1200 per year, paid out in one annual payment in January of each year. 11. Field Training Officer Compensation — Communication Officer to be included in Field Training Officer Compensation when assigned to training. FLSA LANGUAGE CLARIFICATIONS 12. Motor Pay — Employees assigned to motorcycle duty shall receive a flat rate of $300 per month, which includes compensation for off -duty motorcycle maintenance and hazardous duty pay. 13. Canine Compensation — Employees assigned to K-9 duty to receive fifteen (15) hours of compensatory time per month for time -spent off -duty for care, feeding and grooming of the K-9. Employees shall submit overtime slips for off -duty veterinary visits and extraordinary care. 14. Pay In Lieu of Compensatory Time — In the months of December and April of each year, employees may, at their option, be paid for their compensatory time. 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 employee's regular rate of pay in effect at the time. the request is made. MOU ISSUES 15. Call Back — Employees who are called back to work will be paid a minimum of two (2) hours pay at the time and one half their regular hourly rate, upon arrival at the department or the incident scene until released. RCA 00-03 POA MOU Summary Page 3 2/13/01 2:55:58 PM HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION TENTATIVE AGREEMENT SUMMARY HUNTINGTON BEACH 16. Telephonic Business — Off- duty employees who are called back to work will be paid a minimum of fifteen (15) minutes when telephoned at home regarding departmental business. 17. Ten Plan — Flex Work Schedule — Employees accepting beach assignment, that have been post as such, shall be required to work a flex 40-hour workweek scheduled as directed. 18. Meal Allowance — City has proposed new meal allowance language to clarify when employees are entitled to meal allowance per diem. PERSONNEL RULES 19. Order Of Certification — (New language.) 20. Cause For Discipline — (Language change.) 21. Termination — (Removal of language.) 22. MEDICAL EXAMINATION — (New language.) 23. Classification Plan -- (Language change.) 24. Salary Advancements — (Language change.) 25. Industrial Accidents Leave -- (Language change.) 26. Disciplinary Procedure And Appeal —.(Language change.) 27. Disciplinary Procedures -- (New language.) 28. Appeal To Personnel Commission — (Language change.) 29. Supplemental Hearing By Personnel Board — (Language change.) 30. Employee Status On Pending Appeal — (Language change.) MANAGEMENT ISSUES 31. Body Armor — New "special order" body armor language will be added to Manual of Rules and Regulations Section 3/2187.00. RCA 00-03 POA MOU Summary Page 4 2/13/01 2:55:58 PM P) HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION TENTATIVE AGREEMENT SUMMARY HUNTINGTON BEACH 32. Drug Testing — A random drug testing policy will be implemented per Exhibit J of' the MOU. FLEXIBLE BENEFITS PROGRAM 33. Medical Cash -Out — Allows an employee who is covered by a medical program outside of the City -provided program (evidence of which must be supplied to Administrative Services Department, Personnel Division) to elect to drop City medical coverage and receive two hundred dollars ($200) per month to deposit into their deferred compensation account or any other pre-tax program offered by the City. 34. IRS Section 125 Program — Effective January 2001 employees may begin utilizing a IRS section 125 Program, where employees may use pre-tax dollars to pay for annual dependent care and/or medical expenses. RCA 00-03 POA MOU Summary Page 5 . 2/13/01 2:55:58 PM ATTACHMENT #2 RESOLUTION NO. 2001-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (POA) AND THE CITY OF HUNTINGTON BEACH FOR OCTOBER 1, 2000, THROUGH SEPTEMBER 30, 2003 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, 2000, through .September 30, 2003 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st ATTEST: C��� � City Clerk REVIEWED AND APPROVED: City Ad inistrator day of May 2001. APPROVED AS TO FORM: F { City Attorney INITIATED AND APPROVED: Director of ministrative Services Resol: 200 1 /POA MOU/5/10/01 RLS 0 1 -0345 Res. No. 2001-28 EXHIBIT..A, POA MOU Res. No.2001-28 TABLE OF CONTENTS PREAMBLE.................................................................................................................................................................................1 ARTICLEI - TERM OF MOU...................................................................................................................................................1 ARTICLE II - REPRESENTATIONAL UNIT/CLASS........................................................................................................... I ARTICLEIII - MANAGEMENT RIGHTS..............................................................................................................................3 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT..........................................................................................3 ARTICLEV - SEVERABILITY.................................................................................................................................................3 ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP..................................................................................................3 ARTICLEVH - SPECIAL PAY.................................................................................................................................................4 A. POLICE EDUCATIONAL INCENTIVE PLAN...............................................................................................................................4 B. FLIGHT PAY........................................................................................................................................................................... 5 C. CERTIFIED FLIGHT INSTRUCTORS.......................................................................................................................................... 5 D. SHIFT DIFFERENTIAL - NON SWORN...................................................................................................................................... 5 E. SENIOR OFFICER PROGRAM................................................................................................................................................... 5 F. MOTOR PAY........................................................................................................................................................................... 6 G. SPECIAL CERTIFICATION - SKILL PAY.................................................................................................................................... 6 1. Bilingual Skill................................................................................................................................................................... 6 2. Nurse Employees Certification......................................................................................................................................... 7 H. HOLIDAY PAY........................................................................................................................................................................7 I.. FTO COMPENSATION.............................................................................................................................................................7 J. TUITION REIMBURSEMENT..................................................................................................................................................... 7 ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT..........................................................................8 A. UNIFORMS..............................................................................................................................................................................8 B. EQUIPMENT/SPECIAL UNIFORM NEEDS.................................................................................................................................. 8 C. MOTORCYCLE BRITCHES....................................................................................................................................................... 8 ARTICLE IX - HOURS OF WORK/OVERTIME...................................................................................................................5 A. SHIFTS DEFINED.................................................................................................................................................................... 8 B. WORK SCHEDULE.................................................................................................................................................................. 8 C. OTHER TIME..........................................................................................................................................................................9 1. Compensatory Time.......................................................................................................................................................... 9 2. Work Time...................................................................................................................................................................... 10 3. Court Standby Time........................................................................................................................................................ 10 4. Holidays Worked............................................................................................................................................................ 11 S. Court Appearance Time................................................................................................................................................. 11 6. Non -Court Standby Time................................................................................................................................................ 11 7. Cancelled Subpoenas..................................................................................................................................................... 11 8. Call Back........................................................................................................................................................................11 9. Telephonic Business....................................................................................................................................................... II 10. Pav In Lieu of Compensatory Time....................................................................................................................I...... 11 11. K-9 Compensation........................................................................................................................I............................ 11 D. WEEKEND MILITARY DRILLS.............................................................................................................................................. 12 E. FLEX TIME — BEACH DETAIL............................................................................................................................................... 12 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS.....................................................................................12 A. HEALTH............................................................................................................................................................................... 12 00-03 POA MOU Final i 5/16/01 10:38 AM POA MOU Res. No. 2001-28 TABLE OF CONTENTS 1. Medical. .......................................................................................................................................................................... 12 2. Dental.............................................................................................................................................................................12 3. Optical............................................................................................................................................................................12 4. Eligibility Criteria and Cost...........................................................................................................................................12 a. 2000 Premiums............................................................................................................................................................................. 12 b. 2001 Premiums............................................................................................................................................................................. 13 C. 2002 Premiums............................................................................................................................................................................. 13 d. 2003 Premiums............................................................................................................................................................................. 14 e. Dependent Health Coverage......................................................................................................................................................... 14 5. Medical Plan Changes Effective January 1, 2002......................................................................................................... 14 6. One HMO....................................................................................................................................................................... 15 7. Medical Cash-Out..........................................................................................................................................................15 8. Section 125 Plan............................................................................................................................................................15 B. LIFE INSURANCE.................................................................................................................................................................. 15 C. INCOME PROTECTION PLAN................................................................................................................................................. 15 D. SURVIVORS' BENEFIT LEVEL IV.......................................................................................................................................... 16 ARTICLEXI - RETIREMENT................................................................................................................................................16 A. BENEFITS............................................................................................................................................................................. 16 1. CHP Retirement Plan..................................................................................................................................................... 16 2. 3% P. Age 50 Plan.........................................................................................................................................................16 3. Self -Funded Supplemental Retirement Benefit ...............................................................................................................17 4. PERS Rolloverr................................................................................................................................................................ 17 5. 2% @ Age 55 Plan......................................................................................................................................................... 17 6. Medical Insurance for Retirees...................................................................................................................................... 17 ARTICLEXII - LEAVE BENEFITS.......................................................................................................................................18 A. VACATION........................................................................................................................................................................... 18 1. Anniversary Date............................................................................................................................................................18 2. Annual Vacation............................................................................................................................................................. 18 3. Vacation Allowance....................................................................................................................................................... 18 4. Eligibility and Permission.............................................................................................................................................. 19 5. Vacation - When Takeii.................................................................................................................................................. 19 6. Terminal Vacation Pay................................................................................................................................................... 19 7. Receipt of Vacation Pay................................................................................................................................................. 19 8. Conversion to Cash........................................................................................................................................................ 19 B. HOLIDAYS............................................................................................................................................................................19 C. SICK LEAVE.........................................................................................................................................................................20 D. BEREAVEMENT LEAVE.........................................................................................................................................................20 E. ASSOCIATION BUSINESS......................................................................................................................................................20 ARTICLEXIII - CITY RULES................................................................................................................................................20 ARTICLEXIV - MISCELLANEOUS.....................................................................................................................................21 A. MEAL ALLOWANCE.............................................................................................................................................................21 1. Per Diem........................................................................................................................................................................ 21 2. Per Diem Schedule......................................................................................................................................................... 21 B. MILEAGE ALLOWANCE ........................................................................................................................................................21 C. WEAPON VESTING...............................................................................................................................................................21 D. RANDOM DRUG AND ALCOHOL TESTING.............................................................................................................................21 E. TUITION REIMBURSEMENT —NON Sw ORN EMPLOYEES.......................................................................................................21 ARTICLE XV - CITY COUNCIL APPROVAL.....................................................................................................................23 EXHIBIT A - POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE...................................................................24 00-03 POA MOU Final ii 5/16/01 10:38 AM POA MOU Res. No.2001-28 TABLE OF CONTENTS EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME.....................................................27 EXHIBIT C — RETIREE MEDICAL SUBSIDY.....................................................................................................................29 A. MINIMUM ELIGIBIITY FOR BENEFITS................................................................................................................................... 30 C. MAXIMUM MONTHLY SUBSIDY PAYMENTS......................................................................................................................... 30 EXHIBIT D - EMPLOYEE HEALTH PLAN.........................................................................................................................33 EXHIBIT E - DELTA CARE (PMI) BROCHURE................................................................................................................. 34 EXHIBIT F - DELTA DENTAL BROCHURE....................................................................................................................... 35 'EXHIBIT G - VISION CARE (VSP) BROCHURE................................................................................................................36 EXHIBIT H — PERSONNEL RULE CHANGES.................................................................................:.................................. 37 A. RULE 5, ORDER OF CERTIFICATION..................................................................................................................................... 37 B. RULE 5-14, PROMOTIONAL EXAMINATIONS........................................................................................................................ 37 C. RULE 5-20, DURATION OF EMPLOYMENT LISTS..................................................................................................................37 D. RULE 7 -- DISCIPLINE.......................................................................................................................................................... 37 E. RULE 8 -- TERMINATION......................................................................................................................................................38 F. RULE 8-3 LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE..........................................................................................39 G. RULE 8-11, RE-EMPLOYMENT.............................................................................................................................................39 J. RULE 18-19, MATERNITY LEAVE........................................................................................................................................41 K. RULE 19-5, STEP 4, CITY ADMINISTRATOR.........................................................................................................................41 L. RULE 19-5(B), HEARING......................................................................................................................................................42 M. RULE 21-7, GRIEVANCE PROCEDURES - GENERAL..............................................................................................................43 N. RULE 21-12, TIME, EXTENSION OF......................................................................................................................................44 EXHIBIT I — INCOME PROTECTION PLAN................................................................................:.....................................45 EXHIBIT J — MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY ........47 00-03 POA MOU Final iii 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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, 2000 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, 2000, and ending at midnight on September 30, 2003. 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. 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 classification titles as outlined in Exhibit A attached hereto and incorporated herein. B. The CITY and the ASSOCIATION have agreed to a procedure whereby the CITY, by and through the Human Resources Officer, would be entitled to propose a Unit Modification. The ASSOCIATION and the CITY agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (#3335) upon the CITY's having completed its obligation to meet and 00-03 POA MOU Final -1- 5/14/01 11:35 AM POA MOU Res. No. 2001-28 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 Human Resources Officer Motion of Unit Modification - The Human Resources Officer 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 Human Resources Officer shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer'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 Human Resources Officer 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 Human Resources Officer'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. 00-03 POA MOU Final 2 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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 that 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 his or her PERS contribution. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. 00-03 POA MOU Final 3 5/16/01 10:38 AM POA MOU Res. No. 2001-28 C. Each sworn employee covered by this agreement. shall be reimbursed an amount equal to 9% of the employee's part of his or her 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 POST College Maximum Years of College Monthly Monthly Incentive Certificate Units Training HBPD Units Amount Amount Level Service Required 10/1/00 01/01/01 Annually to Units Points 12/31/00 I Intermediate 30 20+ 10 1 6 $ 100.00 $ 115.00 11 Intermediate 60 40+ 20 1 3 $ 150.00 $ 170.00 III Advanced 90 60+ 30 2 3 $ 200.00 $330.00 IV Advanced 120 0 3 1 3 $ 300.00 $330.00 V Advanced 150 1 120+ 30 1 3 0 1 $ 300.00 1 $330.00 2. Stipulations: a. College major shall be Police Science, Criminology, Political Science, Sociology, Law, Business Administration, Public Administration, Psychology or closely similar field as approved by the Chief of Police and Education Committee. b. Initial eligibility must be approved by the Chief of Police. An acceptable yearly performance evaluation, signed by the Chief of Police, is required. No incentive shall be taken away without just cause. c. Training points approved by POST may be substituted for college units, on the following schedule: 10 of 30, 20 of 60, 30 of 90. d. Pay to be effective first month following approval. e. After 120 units of B.A. or POST approved training points may be substituted for college units without limit. 00-03 POA MOU Final 4 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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 $500 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 $800 per month as flight pay. D. Shift Differential - Non Sworn - Non sworn members required to work on a regular assigned shift that occurs between the hours of 4.-00 P.M. and 2:00 A.M., OR 9:00 P.M. and 7:00 A.M., shall be paid a premium of five percent (5%) of the employee's base hourly rate for all work performed during said shift. E. Senior Officer Program - Senior Police Officer is to be an official classification carrying a salary range of 6% above that of top step Police Officer, including Police Officers assigned to motorcycle duty. The criteria for achieving the Senior Police Officer classification is as follows: 1. Five (5) years continuous service with the Huntington Beach Police Department, and 2. Three years continuous service at "E" Step Police Officer, and 3. Possession of Advanced POST Certificate, and 4. Step 4 or 5 in Educational Incentive Program, and 5. Satisfactory performance evaluation as Police Officer. The maximum number of Senior Officers within the Police Department shall be sixty- three (63). 00-03 POA MOU Final 5 5/16/01 10:38 AM POA MOU Res. No. 2001-28 F. Motor Pay: 1. Employees assigned to motorcycle duty shall receive a flat rate of $300 per month this assignment, which includes compensation for off duty motorcycle maintenance and hazardous duty pay. 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. 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. 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: 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. 00-03 POA MOU Final 6 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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. c. Motor officers designated to act as training officers. d. Communication Officers designated as Training Officers J. Tuition Reimbursement - Education costs shall be paid to non-sworm permanent employees on the basis of full refund for tuition fees, books and supplies -provided, however, that maximum reimbursement shall be at the rates currently in effect in the University of California system. Upon approval of the Department Head and the Director of Administrative Services, permanment employees may be compensated for actual cost of tuition, books, fees, at accredited educational institutions that charge higher rates than the University of California, if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and Human Resources Officer. 00-03 POA MOU Final 7 5/16/01 10:38 AM POA MOU Res. No. 2001-28 Refunds shall be made when the employee presents proof to the Director of Administrative Services that he/she has paid such costs and successfully completed the course. 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 $1,200 per year; payable in January to those employees on active duty on January 1st. Employees hired after January 1st shall have their uniform allowance pro -rated for each month in which they were on active duty for a least one full shift, separately from payroll checks. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and -maintaining uniforms and clothing worn in the line of duty. The CITY will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police. B. Equipment/Special Uniform Needs - SWAT uniforms and equipment shall continue to be provided by the CITY. C. Motorcycle Britches - Motorcycle officers shall receive four pairs of britches at the time of assignment. After initial issue, replacement britches may be issued on the recommendation of the Traffic Bureau Commander with approval of the Department Head. All replaced britches must be turned in when replacement britches are received. ARTICLE IX - HOURS OF WORK/OVERTIME A. Shifts Defined - Employees will be considered as assigned to the afternoon shift (4:00 P.M. to 2:00 A.M.) or the night shift (9:00 P.M. to 7:00 A.M.) when five (5) or more hours of their regularly assigned shifts occur in the afternoon or night shift as defined herein. B. Work Schedule 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 the ASSOCIATION and the CITY agree to changes. 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. 00-03 POA MOU Final 8 5/16/01 10:38 AM POA MOU Res. No. 2001-28 3. 7-11.5 Plan — The 7-11.5" work schedule will be implemented for designated employees of the Patrol Bureau only and shall consist on a 14-day 7(K) FLSA work week. a) 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. b) 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. c) 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. d) 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. 4. 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. C. Other Time: 1. Compensatory Time - 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 140 hours. 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 00-03 POA MOU Final 9 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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 included in determining the eligibility for time and one half overtime pay. a. Sick leave. b. Vacation time taken during the workweek. c. Compensatory time off taken during the workweek. d. Any other paid leave time taken during the workweek. 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 three hours straight time pay (including differentials in Article VII) for each morning and afternoon court session. 00-03 POA MOU Final 10 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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 workweek. 7. Cancelled Subpoenas- Employee shall receive two (2) hours of straight pay for subpoenas cancelled with less than 24 hours notice. 8. 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, upon arrival at the department or the incident scene until released. Should the called back employee be cancelled prior to arrival, the two-hour minimum shall be paid. 9. Telephonic Business - Off -duty employees shall be compensated a minimum of fifteen (15) minutes at the rate of time and one-half their regular hourly rate when telephoned at home to conduct departmental business. Telephonic departmental business beyond fifteen (15) minutes shall be compensated at time and one-half the employee's hourly rate in fifteen (15) minute increments (i.e., 16-30 minutes = 30 minutes of compensation, 31-45 minutes = 45 minutes compensation and so forth.) 10. Pay In Lieu of Compensatory Time - In the months of December and April of each year, employees may, at their option, be paid for their compensatory time. 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 employee's regular rate of pay in effect at the time the request is made. 11. K-9 Compensation - Employees assigned to K-9 duty to receive fifteen (15) hours of compensatory time per month for time spent off -duty for care, feeding and grooming of the canine. Employees shall submit overtime slips for off -duty veterinary visits and extraordinary care. 00-03 POA MOU Final 11 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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. E. Flex Time — Beach Detail - Employees assigned to the Beach Detail may be assigned a fixed flex schedule that incorporated two 8-hour days and two 12-hour days in a workweek. 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. Eligibility Criteria and Cost: a. 2000/2001 Premiums — The City shall contribute toward the cost of the 2000 premium for medical, dental and vision as outlined below: 00-03 POA MOU Final 12 5/16/01 10:38 AM POA MOU Res. No. 2001-28 1) 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: MONTHLY". $;CITY:=: ;;f HEALTH ;; ,d DELTA.; DELTA. VSR.' PREMI UMS*.',PLAN ` „��- NET,PACIFICARE;;'' DENTAL CARE;. : SAFEGUARD: :",'(Vision). EMPLOYEE ONLY $283.28 $165.06 $165.06 $ 36.99 $ 22.12 $ 16.20 $ 17.58 EMPLOYEE + ONE $560.18 $361.66 $361.66 $ 70.65 $ 37.61 $ 29.16 $ 17.58 EMPLOYEE + FAMILY $685.86 $476.68 $476.68 $100.37 $ 57.51 $37.22 $ 17.58 " 2) Employee Paid Premiums - Employees hired prior to adoption date November 2, 1998, the City shall pay medical, dental and vision premiums subject to 4a above and 4b below. 3) Two -Tier Health Premium - Employees hired on or after the November 2, 1998 of this agreement, the City's contribution toward medical insurance shall be at the highest HMO rate of (1) employee only, (2) employee + one, or (3) employee + family. This provision "Two -Tier" shall expire the first of the month following adoption of this agreement. b. 2001 Premiums - Effective the first of the month following adoption of this agreement, the City "caps" its contributions toward employee monthly health insurance premiums by category and plan at the rate in effect January 1, 2001 for the year ending December 31, 2001 as set forth below: MONTHLY ',,,CITY,`:Y `s HEALTH, DELTA DELTA.. VSP• �PREMIUMS* NET =`: DENTAL, CARE:` "SAFEGUARD- .'(Vi,'sion),' EMPLOYEE ONLY $261.01 $183.54 $170.01 $ 36.99 $ 22.12 $ 16.20 $ 17.58 EMPLOYEE + ONE $516.14 $402.54 $372.51 $ 70.65 $ 37.61 $ 29.16 $ 17.58 EMPLOYEE + FAMILY $631.94 $528.28 $490.98 $100.37 $ 57.51 $ 37.22 $ 17.58 c. 2002 Premiums - The City "caps" its contributions toward employee monthly health insurance premiums by category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect January 1, 2002 for the year ending December 31, 2002. 00-03 POA MOU Final 13 5/16/01 10:38 AM POA MOU Res. No. 2001-28 d. 2003 Premiums — The City "caps" its contributions toward employee monthly health insurance premiums by category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect December 31, 2002 for the year beginning January 1, 2003. If projected premium increases for any medical plan exceed ten percent (10%) for 2003, the City will meet and confer at Association's option on cost containments and plan costs prior to August 1, 2002. e., Dependent Health Coverage - The CITY will assume payment for dependent health insurance, subject to paragraph 4 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. _ __5. Medical Plan Changes Effective January 1, 2002: (No later than July 1, 2001 the POA shall select two of the changes to the cost containment provisions contained in sub -section a, b or c to be included in the City Health Plan. If the POA fails to select two of these provisions by July 1, 2001 the change to section c shall be deleted and the changes to sub- sections a and b shall be implemented. Sub -section c shall remain at the prior contract levels.) a. Plan Deductibles — Deductible increase from $150 to $250 per individual and $450 to $500 per family. b. Out of Network — Non PPO co -payment reduced from seventy percent (70%) to sixty percent (60%). c. Out of Pocket — Increased from $1,000 to $2,000 per individual and $2,000 to $4,000 per family. d. Preventive Medical Care — Part IX of the Employee Health Plan Document shall be revised to read as follows: Benefits will be provided up to $200 per person every year for preventive medical care. Such care shall include such usual preventive medical options as an every year physical exam for adults, yearly PAP tests for females, flu shots, chest x-rays, EKG and other diagnostic lab tests if certified by the physician that such procedures are included under a routine physical examination and is not in connection with the diagnosis or treatment of any illness, disease or accidental bodily injury. All well baby exams for an infant for the first year of life will be allowed and is not subject to the $200 maximum benefit. All immunizations for 00-03 POA MOU Final 14 5/16/01 10:38 AM POA MOU Res. No. 2001-28 infants/adults will be provided and coverage is not limited to the $200 maximum benefit. 6. One HMO — Beginning with the 2002 plan year, there shall be one HMO (HealthNet). 7. Medical Cash -Out — If an employee is covered by a medical program outside of a City -provided program (evidence of which must be supplied to Administrative Services' Department, Payroll and Benefits Division), they may elect to discontinue City medical coverage and receive two hundred dollars ($200) per month to deposit into their Deferred Compensation account or any other pre-tax program offered by the City. The medical cost -out shall be effective the first of the month following the adoption of this agreement. 8. Section 125 Plan — Effective January 1, 2001, employees may begin utilizing this plan, which allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. 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 ASSOCIATION shall remain in effect for all 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 Disability Due to Illness First 60 Days Regular Pay Regular Pay Next 24 Months 66 2/3% of Base Pay Same To Age 65 66 2/3% of Base Pay None 2. Days and months refer to calendar days and months. Benefits under the Plan are integrated with Workers' Compensation, Social Security and other non - private program benefits to which the employee may be entitled. Disability is defined as the inability to perform all of the duties of regular occupation during two years and thereafter the inability to engage in any employment or 00-03 POA MOU Final 15 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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-1959 Survivors' Benefit Level IV - The CITY will notify the California Public Employees' Retirement System (PERS) within thirty (30) days after the adoption of this agreement, to initiate the contract amendment process. 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. 3% CcD_ Age 50 Plan - The CITY will notify PERS within thirty (30) days after adoption of this agreement to initiate the contract amendment process to provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association contract amendment process within ten (10) business days of COUNCIL approval with the intent of providing the benefit by June 30, 2001, subject to PERS approval. At the present time, based upon actuarial studies conducted by PERS, the City is not required to make any retirement contributions with respect to employees represented by the Association. If at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable." The amount of the 00-03 POA MOU Final 16 5/16/01 10:38 AM POA MOU Res. No. 2001-28 reimbursement set forth in Article VI.0 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in .Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. 3. Self -Funded Supplemental Retirement Benefit - In the event a PERS member elects Option #2 (Section 21333) of the Public Employee's Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the CITY's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the CITY. All unit employees hired after the adoption of this MOU shall not be eligible for this benefit. (Note: The options provide that the allowance is payable to the member until his/her death, and then either the entire allowance, Option 2, or one-half of the allowance, Option 3) is paid to the beneficiary for life.) 4. PERS Rollover - Each employee, eligible for service retirement, may have his/her PERS pickup and vacation accrual reported as compensation for all or any part of the twelve (12) month period prior to his/her service retirement date upon written request to the Director of Finance. Such modified reporting shall be limited to a maximum period of twenty-four (24) months preceding retirement. Requests for retroactivity, if permitted by PERS, will be decided on an individual basis and shall require the approval of the Human Resources Officer. No unit employee shall be allowed to apply for or continue this benefit (PERS pick-up and vacation accrual) beyond January 31, 1994. 5. 2% (a_ Age 55 Plan -- Non -safety unit employees shall receive the 2% at age 55 PERS retirement plan option. 6. Medical Insurance for Retirees: a. Upon retirement (whether service or disability) each employee shall have the following options in regards to medical insurance under CITY sponsored plans: 1) With no change in benefits, retirees can stay in the CITY's Employee Health Plan or an HMO Plan offered by the CITY at the retiree's own expense for the maximum time period required by Federal Law (COBRA), or 00-03 POA MOU Final 17 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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: a. For the first through the fourth year of continuous service, vacation time will be accrued at the rate of 112 hours per year. 00-03 POA MOU Final 18 5116/01 10:38 AM POA MOU Res. No. 2001-28 b. After the fifth year and through the ninth year of continuous service, vacation time will be 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. It is the intent of the parties that employees will take vacation during the current year. B. Holidays - The following are the recognized legal holidays under this MOU: 1. New Year's Day (January 1) 2. Martin Luther King's Birthday (third Monday in January) 3. President's Day (third Monday in February) 4. Memorial Day (last Monday in May) i\ 00-03 POA MOU Final 19 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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 an employee holiday by the City Council of the City of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. C. Sick Leave: 1. All sworn personnel and non -sworn personnel represented by the ASSOCIATION shall have a maximum of 60 calendar days sick leave per incident or illness. This leave shall not accumulate beyond the one year maximum and there shall be no pay off rights to unused leave upon termination of the employee from the City. 2. Sick leave may be used for an absence due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absence shall be limited to five days per calendar year. D. Bereavement Leave - Employees shall be entitled to bereavement leave not to exceed three working days in each instance of death. in .the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, grandchildren and grandparents of the employee or spouse. E. Association Business - An allowance of 800 hours per year shall be established for the purpose of allowing authorized representatives of the ASSOCIATION to represent members of the ASSOCIATION in their employment relations. Such allowance may be utilized only by those persons authorized by the Board of Directors of the ASSOCIATION and such utilization shall be subject to the rules indicated in Exhibit B. Up to 200 hours per year of unused hours may be carried over to the subsequent year. ARTICLE.XIII - CITY RULES The CITY and the ASSOCIATION agree to implement the rule changes and accordingly revise the Personnel Rules as described in Exhibit H. 00-03 POA MOU Final 20 5/16/01 10:38 AM POA MOU Res. No. 2001-28 ARTICLE XIV - MISCELLANEOUS A. Meal Allowance: 1. Per Diem - Employees shall be entitled to per diem under the following circumstances: a. Personnel with prior knowledge and approval of their supervisor, and on work assignments, or attending, meetings or training in excess of a 25-mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal work hours or require lodging. b. Meeting or training assignments, which include a meal, will be reimbursed _ at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule. c. Meal expenses other than listed reimbursement (receipt required) Commander. in "a" or "b" may be considered for at the discretion of the Division d. Receipts are not required, other than as noted above. 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 up to the rate reimbursable by POST. 2. All other mileage not reimbursable by POST shall be compensated at the existing IRS reimbursable rate. 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. D. Random Drug and Alcohol Testing -- Sworn unit employees shall be subject to random drug and alcohol testing in accordaince with Exhibit J. E. Tuition Reimbursement — Non Sworn Employees — Educational costs shall be paid to permanent employees on the basis of full refund for tuituion, fees, books and supplies; provided that the maximum reimbursement shall be at the rates currently in effect in the University of California System. 00-03 POA MOU Final 21 5/16/01 10:38 AM POA MOU Res. No. 2001-28 Upon approval of the Department Head, and the Director of Administrative Services, permanent employees may be compensated for actual costs of tuition plus books, fees, at accredited educational instutitions that charge higher rates than the University of California System if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and the Human Resources Officer. Refunds shall be made when the employee presents proof to the Director of Administrative Services that he/she has paid such costs and successfully completed -the course. 00-03 POA MOU Final 22 5116/01 10:38 AM Res. No. 2001-28 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 21st day of May , 2001. CITY OF HUNTINGTON BEACH By: - -- a..� Ray ilver Citv-Administrator 22 Chief of Police William H. Osness HNman Resources Officer James Cutshaw POlic _ aptain HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION By: Russell Reinhart POA President is KreWuller POA Vice President By: G ?Jeff s A Secretary By: ;,kJ Dennis Hashin POA Treasurer By. By. �,..... aniel C ssidy rk Reid Chief Negotiator POA Negotiator APPROVED AS TO FORM By: ail Hutton(:221-,-/ City Attorney 00-03 POA MOU Final 23 5/16101 10:38 AM POA MOU Res. No. 2001-28 EXHIBIT A CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE EFFECTIVE JANUARY 1, 2001 .. ..- Range 4334 Police Recruit 405 $2,567 $2,707 $2,856 $3,014 $3,180 $14.81 $15.62 $16.48 $17.39 $18.35 4332 Police Officer 478 $4,099 $4,324 $4,562 $4,813 $5,078 $23.65 $24.95 $26.32 $27.17 $29.30 4333 Police Officer Sr. 490 $4,350 $4,589 $4,842 $5,109 $5,390 $25.10 $26.48 $27.94 $29.48 $31.10 6370 Comm. Operator 434 $3,293 $3,473 $3,664 $3,865 $4,078 $19.00 $20.04 $21.14 $22.30 $23.53 6372 Comm. Supervisor 461 $3,766 $3,972 $4,191 $4,421 $4,664 $21.73 $22.92 $24.18 $25.51 $26.91 4325 Detention Officer 433 $3,274 $3,454 $3,645 $3,846 $4,057 $18.89 $19.93 $21.03 $22.19 $23.41 4324 Detention Officer Nurse 443 $3,444 $3,633 $3,832 $4,043 $4,265 $19.87 $20.96 $22.11 $23.33 $24.61 4326 Detention Officer Senior 449 $3,546 $3,742 $3,948 $4,165 $4,394 $20.46 $21.59 $22.78 $24.03 $25.35 EFFECTIVE OCTOBER 1, 2001 .. ..- I Classification Range 4334 Police Recruit 411 $2,934 $3,095 $3,265 $3,445 $3,634 $16.93 $17.86 $18.84 $19.88 $20.97 4332 Police Officer 484 $4,227 $4,459 $4,704 $4,962 $5,234 $24.39 $25.73 $27.14 $28.63 $30.20 4333 Police Officer Sr. 496 $4,487 $4,733 $4,993 $5,267 $5,557 $25.89 $27.31 $28.81 $30.39 $32.06 6370 Comm. Operator 440 $3,392 $3,579 $3,776 $3,984 $4,203 $19.57 $20.65 $21.79 $22.99 $24.25 6372 Comm. Supervisor 467 $3,880 $4,094 $4,319 $4,556 $4,808 $22.39 $23.62 $24.92 $26.29 $27.74 4325 Detention Officer 439 $3,376 $3,562 $3,757 $3,964 $4,182 $19.48 $20.55 $21.68 $22.87 $24.13 4324 Detention Officer Nurse 449 $3,546 $3,742 $3,948 $4,165 $4,394 $20.46 $21.59 $22.78 $24.03 $25.35 4326 Detention Officer Senior 455 $3,657 $3,858 $4,069 $4,293 $4,529 $21.10 $22.26 $23.48 $24.77 $26,13 00-03 POA MOU Final -24- 5/14/01 11:35 AM POA MOU Res. No. 2001-28 EFFECTIVE APRIL 1, 2002 .. ..- ClassificationRan.- 4334 Police Recruit 415 $2,993 $3,158 $3,331 $3,515 $3,709 $17.27 $18.22 $19.22 $20.28 $21.40 4332 Police Officer 488 $4,309 $4,546 $4,796 $5,059 $5,338 $24.86 $26.23 $27.67 $29.19 $30.80 4333 Police Officer Sr. 500 $4,576 $4,827 $5,093 $5,373 $5,668 $26.40 $27.85 $29.38 $31.00 $32.70 6370 Comm. Operator 444 $3,459 $3,650 $3,851 $4,062 $4,286 $19.96 $21.06 $22.22 $23.44 $24.73 6372 Comm. Supervisor 471 $3,957 $4,175 $4,406 $4,648 $4,905 $22.83 $24.09 , $25.42 $26.82 $28.30 4325 Detention Officer 443 $3,444 $3,633 $3,832 $4,043 $4,265 $19.87 $20.96 $22.11 $23.33 $24.61 4324 Detention Officer Nurse 453 $3,619 $3,818 $4,028 $4,250 $4,484 $20.88 $22.03 $23.24 $24.52 $25.87 4326 Detention Officer Senior 459 $3,728 $3,932 $4,149 $4,378 $4,619 $21.51 $22.69 $23.94 $25.26 $26.65 EFFECTIVE OCTOBER 1, 2002 .. ..- ClassificationRan.- 4334 Police Recruit 419 $3,055 $3,224 $3,400 $3,588 $3,785 $17.63 $18.60 $19.62 $20.70 $21.84 4332 Police Officer 492 $4,395 $4,638 $4,893 $5,161 $5,445 $25.36 $26.76 $28.23 $29.78 $31.42 4333 Police Officer Sr. 504 $4,667 $4,924 $5,194 $5,480 $5,782 $26.93 $28.41 $29.97 $31.62 $33.36 6370 Comm. Operator 448 $3,529 $3,723 $3,927 $4,144 $4,371 $20.36 $21.48 $22.66 $23.91 $25.22 6372 Comm. Supervisor 475 $4,038 $4,260 $4,494 $4,742 $5,002 $23.30 $24.58 $25.93 $27.36 $28.86 4325 Detention Officer 447 $3,510 $3,702 $3,906 $4,121 $4,348 $20.25 $21.36 $22.54 $23.78 $25.09 4324 Detention Officer Nurse 457 $3,692 $3,894 $4,109 $4,335 $4,574 $21.30 $22.47 $23.71 $25.01 $26.39 4326 Detention Officer Senior 463 $3,802 $4,012 $4,232 $4,465 $4,711 $21.94 $23.15 $24.42 $25.76 $27.18 00-03 POA MOU Final 25 5/16/01 10:38 AM POA MOU Res. No. 2001-28 EFFECTIVE APRIL 1, 2003 .. ..- .- 4334 Police Recruit 425 $3,149 $3,322 $3,504 $3,697 $3,900 $18.17 $19.17 $20.22 $21.33 $22.50. 4332 Police Officer 498 $4,529 $4,778 $5,042 $5,319 $5,612 $26.13 $27.57 1 $29.09 $30.69 $32.38 4333 Police Officer Sr. 510 $4,810 $5,075 $5,354 $5,648 $5,959 $27.75 $29.28 $30.89 $32.59 $34.38 6370 Comm. Operator 454 $3,638 $3,837 $4,049 $4,270 $4,506 $20.99 $22.14 $23.36 $24.64 $26.00 6372 Comm. Supervisor 481 $4,163 $4,392 $4,633 $4,888 $5,156 - -- $24.02 $25.34 $26.73 $28.20 $29.75 4325 Detention Officer 453 $3,619 $3,818 $4,028 $4,250 $4,484 $20.88 $22.03 $23.24 $24.52 $25.87 4324 Detention Officer Nurse 463 $3,802 $4,012 $4,232 $4,465 $4,711 $21.94 $23.15 $24.42 $25.76 $27.18 4326 Detention Officer Senior 469 $3,922 $4,137 $4,364 $4,603 $4,856 $22.63 $23.87 $25.18 $26.56 $28.02 00-03 POA MOU Final 26 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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 willnot grant the person who is requesting time off for Association business, then the President shall be immediately notified by the member. If the business is of such a nature that it must be conducted by that particular Association member, then the President will take the matter to the Division level and every effort will be made to resolve the issue. C. Any member using Association time, while on duty, will submit an Association Bank Time Form and an overtime request form to the President. The member must write on top of the overtime form "ASSOCIATION BANK TIME OFF" and the payroll exception form will be signed by the supervisor and the President of the Police Officers' Association or his representative. The communique will have the exact time and date that was used for the Association business, the location where the business was conducted. ' 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. 00-03 POA MOU Final 27 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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. 00-03 POA MOU Final 28 5116/01 10:38 AM POA MOU Res. No. 2001-28 EXHIBIT C — RETIREE MEDICAL SUBSIDY 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: 1. 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 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. 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 applied toward the City medical plan as supplemental 00-03 POA MOU Final 29 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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. A. Minimum Eligibility for Benefts — 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. Subsidy — Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. 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 10/1/92 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 00-03 POA MOU Final 30 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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. D. Medicare: 1.. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but. will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's 65th birthday. 00-03 POA MOU Final 31 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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. 00-03 POA MOU Final 32 5/16/01 10:38 AM POA MOU Res. No. 2001-28 EXHIBIT D EMPLOYEE HEALTH PLAN DOCUMENT A copy of the Employee Health Plan Document may be obtained from the Risk Management Division 00-03 POA MOU Final 33 5/16/01 10:38 AM POA MOU Res. No.2001-28 EXHIBIT E DELTA CARE PLAN BROCHURE A copy of the Delta Care Plan Brochure may be obtained from the Payroll and Benefits Division 00-03 POA MOU Final 34 5116/01 10:38 AM POA MOU Res. No. 2001-28 EXHIBIT F DELTA DENTAL PLAN BROCHURE A copy of the Delta Dental Plan Brochure may be obtained from the Payroll and, Benefits Division 00-03 POA MOU Final 35 5/16/01 10:38 AM POA MOU Res. No. 2001-28 EXHIBIT G VISION CARE PLAN BROCHURE A copy of the Vision Care Plan Brochure may be obtained from the Payroll and Benefits Division 00-03 POA MOU Final 36 5/16/01 10:38 AM POA MOU Res. No. 2001-28 EXHIBIT H PERSONNEL RULE CHANGES A. Rule 5 — Order of Certification - Whenever certification is to be made, the eligibility lists, if active and not exhausted shall be used in the following order: 1) Re-employment list 2) Promotional list 3) Employment list If fewer than five (5) names of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until five (5) names are certified. If there are fewer than five (5) names on such lists, there shall be certified the number thereon. In such case, the appointing authority may demand certification of five (5) names and examinations shall be conducted until five (5) names may be certified. In the event the appointing authority does not choose to appoint from the five (5) names certified, a new examination may be requested (except Police Sergeant). In the event another examination is conducted, those names shall be merged with others already on the list in order of scores. B. ,Rule 5-14, Promotional Examinations - Promotional examinations may be conducted whenever, in the opinion of the Human Resources Officer, 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. C. 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 Human Resources Officer 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. D. Rule 7 —Discipline a) 7-2 Causes for Discipline 00-03 POA MOU Final 37 5/16101 10:38 AM POA MOU Res. No. 2001-28 12) Possession, use or sale of illegal narcotics or habit-forming drugs, while on -duty or on City property. 14) Conviction of any felony or a misdemeanor with a job nexus. A plea or verdict of guilt, or a conviction following a plea of nolo contendere, is deemed to be a conviction within the meaning of this section. 15) Participating in an unlawful strike, work stoppage, slowdown, or using or attempting to use sick leave to accomplish the same purpose as a strike, work stoppage, or slowdown. E. Rule 8 — Termination a) 8-1 Medical Examination. Evaluation of Employee's Work Capacity. Demotion, Transfer or Termination of Appointment — At any time a department head has reasonable cause to believe that an employee may not be able to perform the duties of his/her position for physical or psychological reasons, such department head shall consult with the Human Resources Officer regarding such belief. If the Human Resources Officer concurs, the department head may order the employee to submit to a medical or psychological examination. The employee shall be offered the opportunity, in writing, to select from a panel of three (3) to five (5) physicians or psychologists to conduct the examination. The cost of such examination shall be paid by the City and, to the extent practicable, shall, be scheduled during the work hours with no loss of pay. The examiner and the employee shall be advised of the basis for the Department Head's belief that the employee is unable to perform the duties of his/her job. The examination shall be restricted to the specific issue, which gave rise to the request for an examination. The report of the examiner shall be limited to a conclusion that the employee is either able or unable to perform the duties of his/her job. The department head shall review the medical or psychological report and shall consult with the Human Resources Officer regarding the physician's assessment of the employee's ability to perform the duties of his/her position. Any decision regarding such employee shall be made in accordance with the Americans with Disabilities Act. Notwithstanding any other provision of this rule, an employee being evaluated for medical or psychological fitness to perform the duties of his/her position may apply for another position in the competitive service for which he/she is qualified. If such employee is qualified and can perform the duties of a equal or lower paying vacant position for which he/she has applied, he/she will be placed in such position, without competitive examination, subject to the approval of the department head. (The City and Association agree to meet biannually to discuss the 8-1 process.) . 00-03 POA MOU Final 38 5116/01 10:38 AM POA MOU Res. No. 2001-28 F 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. G Rule 8-11, Re -Employment - With the approval of the Human Resources Officer, an --employee who has resigned in good standing from the competitive service may be re-employed to his/her former position, if vacant, or to a vacant position in the same or a comparable class within one (1) year from date of resignation in accordance with Rule 5-21. If such re-employment commences within ninety days of the effective date of resignation, the employee shall not be considered a new employee for vacation and seniority purposes. H. Rule 12 — Classification Plan a) 12-10 — Temporary Employees — Employment on a basis other than permanent or probationary to a permanently budgeted position not to exceed 1,000 hours in any twelve (12) month period. Employees occupying temporary positions shall not be included in the competitive service and shall not be subject to these rules and regulations. I. Rule 14 — Additional Pay and Pay Adiustments 14-6 — Salary Advancements to Meet Recruiting Problems or to Give Credit for Prior Service. Application for Other Advancement — The Department Head, through the Human Resources Officer and with the approval of the City Administrator may make an appointment at any step above the minimum salary rate to classes or positions in order to meet recruiting problems to obtain a person who has extraordinary qualifications, or to give credit for prior city service in connection with appointments, promotions, reinstatements, transfers, reclassifications, or demotions. Salary adjustments within the salary range for the class, other than merit salary adjustments authorized by Section 14-1, may be approved by the City Administrator, upon recommendation of the department head through the Human Resources Officer. Such recommendation shall include the reason(s) for the adjustment, whether the advancement is to be permanent or temporary, and an effective date. 00-03 POA MOU Final 39 5/16/01 10:38 AM POA MOU Res. No. 2001-28 b) 18-16 — Industrial Accident Leave — In the event a permanent employee, who is a miscellaneous member of the Public Employees' Retirement System (PERS), is temporarily totally disabled as a result of an injury or illness arising out of and in the course of employment and covered by the State of California Workers' Compensation Insurance and safety Act, resulting light duty assignments due to the injury or illness or absences from work shall be considered Industrial Accident Leave as that term is defined by this rule. A permanent employee eligible for Industrial Accident Leave shall receive compensation from the City in an amount equal to the employee's regular rate of salary during such period of temporary total disability. Benefits received under this rule shall be in lieu of statutory Workers' Compensation benefits. Industrial Accident Leave shall continue during all absences resulting from the injury or illness, including those absences attributable to - doctor's appointments, therapy, or other follow-up medical visits, but in no case exceeding one year of accumulated absences attributable to the same injury or illness. In the event an employee is temporarily, totally disabled by coinciding qualifying injuries or illnesses, periods of absences shall be applied concurrently to all qualifying injuries or illnesses. Industrial Accident Leave compensation shall begin on the first day an eligible employee is absent due to a qualifying injury or illness as defined above. Industrial Accident Leave compensation will terminate on the earliest of the following: 1) The date upon which the injury or illness giving rise to eligibility for compensation under this rule is declared permanent and stationary by a treating or examining physician; or 2) The date PERS approves an application for disability retirement benefits filed by the employee or by the City; or 3) The employee receives thirty (30) days advance notice and refuses to submit to a medical examination ordered by PERS pursuant to Government Section 21154 or otherwise refuses to cooperate with PERS in determining whether the employee is incapacitated for the performance of duty; or 4) The employee receiving Industrial Accident Leave compensation applies for service -connected retirement benefits; or 5) The employment of the affected employee is otherwise separated. If an injured worker remains temporarily disabled after receiving one year of Industrial Accident Leave for accumulated absences or light duty work attributable to the same injury or illness, the employee will receive temporary . 00-03 POA MOU Final 40 5/16/01 10:38 AM POA MOU Res. No. 2001-28 total disability benefits as specified by the State of California Workers' Compensation Insurance and Safety Act. Any period of time during which an employee is absent from work by reason of injury or illness for which he or she is entitled to receive Industrial Accident Leave compensation will not constitute a break in continuous service for the purposes of salary adjustments, sick leave, vacation accruals, and length of service computation. In the event an employee who is receiving or has received Industrial Accident Leave compensation makes a claim or initiates legal action against a third party for allegedly causing or contributing to the injury or illness resulting in the inability to work, the employee is required to notify in writing the City's Risk Management Division of the claim or commencement of such action within ten (10) days of the claim or such commencement. The City retains its -- rights of subrogation in all such instances. J 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 Human Resources Officer. K 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 Human Resources Officer 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 Human Resources Officer, 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 Human Resources Officer. Within five (5) days after receipt of the Human Resources Officer'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 Human Resources Officer. 00-03 POA MOU Final 41 5/16101 10:38 AM POA MOU Res. No. 2001-28 L. Rule 19-5(b), Hearing - As soon as practicable thereafter, the Human Resources Officer 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. K. Rule 20 —Disciplinary Procedure and Appeal --a) 20-1 — Purpose — The purpose of this rule is to provide a procedure for recommending and imposing discipline against City employees, and a means by which employees may administratively appeal any such disciplinary action. b) 20-2 — Disciplinary Procedures: 1) Notice of Proposed Adverse Action — For demotions, suspensions or dismissals, an employee shall be served a written Notice of Proposed Adverse Action by the employee's department head, or his/her designee, or by certified mail, prior to the proposed disciplinary action taking effect. The notice shall state the reasons for and charges upon which the proposed action is based, and the effective date of the action the right to respond and the employer's right to representation. A copy of all materials upon which the proposed action is based shall be attached to the notice. 2) Employee's Right to Respond — The employee shall be given a minimum of ten (10) calendar days to respond orally and/or in writing to the charges upon which the proposed action is based. The employee's response shall be made to and/or before his/her department head. 3) Time Off — The employee shall be given reasonable time off with pay to attend disciplinary meetings. 4) Final Notice of Decision — After an employee has responded to or waived his/her right to respond to the proposed adverse action, the employee shall be served with a final Notice of Decision from his/her department head. The final written Notice of Decision shall state whether or not the proposed action shall be taken or modified, and the reasons therefore and effective date of the action. c) 20-3 — Appeal to Personnel Commission —Disciplinary action involving the termination, suspension, demotion or other reduction in pay may be appealed to. 00-03 POA MOU Final 42 5/16/01 10:38 AM POA MOU Res. No. 2001-28 the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: 1) Request for Appeal — Within five (5) days after the employee's receipt of a final Notice of Discipline, a written request for an appeal to the Personnel Commission shall be submitted to the Human Resources Officer. 2) Hearing — As soon as practicable thereafter, the Human Resources Officer shall set the matter for hearing before a hearing officer. The hearing officer shall hear the case without the Commission and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the Commission. 3) Final Decision — The Commission shall consider the written report and r- recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further appeal. d) 20-4 — Supplemental Hearing by Personnel Commission 1) The Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter of private hearing for the purpose of receiving additional evidence or argument. In the event the Commission sets a private hearing for such purposes, the Human Resources Officer shall give written notice to all 'parties concerned in such matter. 2) The Commission, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Commission, shall make findings, conclusions and decisions which shall be final and binding on all parties and from which there shall be no further appeal. e) 20-5 — Employee Status on Pending Appeal — Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay), the disciplinary action shall be effective pending an appeal to the Personnel Commission. M. Rule 21-7, Grievance Procedures - General a) 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. b) 21-12 Time. Extension of — The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. 00-03 POA MOU Final 43 5/16/01 10:38 AM POA MOU Res. No. 2001-28 N. Rule 21-12, Time, Extension of - Upon written consent of the parties, the time limitation imposed upon procedures set forth in these rules maybe 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. 00-03 POA MOU Final 44 5/16/01 10:38 AM POA MOU Res. No. 2001-28 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', 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; 00-03 POA MOU Final -45- 5/14/01 11:35 AM POA MOU Res. No. 2001-28 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 Reporf' 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. 00-03 POA MOU Final 46 5/16/01 10:38 AM POA MOU Res. No. 2001-28 EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY This Mandatory/Random Controlled Substance and Alcohol Testing policy affirms the department's commitment and responsibility to provide a safe, healthful and productive work environment for all employees and to ensure that public services are provided in a safe, efficient and effective manner. We also recognize that it is each employee's responsibility to perform their services for the public as safely, effectively and efficiently as possible, and to maintain a healthy work environment, free of any adverse effects caused by controlled substances and/or alcohol. The Mandatory/Random Controlled Substance and Alcohol Testing policy will take effect on the date the 2000 Huntington Beach police Officer's Association Memorandum of Understanding is ratified. 2/1075.00 MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING A. GENERAL 1. No police department employee shall use or possess any controlled substance, as defined in this policy, unless prescribed for the employee by a medical doctor. 2. No police department employee shall report to duty under the influence of alcohol or with an odor of alcohol on his or her breath. 3. Sworn police officers of all ranks are subject to mandatory random chemical analysis of their urine to detect the presence of controlled substances and breath testing to detect the presence of alcohol. 4. "Probable cause". Any employee may be required to submit to a chemical or breath test upon probable cause or reasonable suspicion as it relates to this policy. A reasonable suspicion is based on objective facts and a reasonable inference drawn from those facts that an employee is under the influence of a controlled substance(s) and/or alcohol. Such objective facts may include but not be limited to characteristics of the employee's appearance, behavior, mannerisms, speech, or body odors. It may also be based on actual observations of the ingestion of alcohol or use of any controlled substance by an employee, or based upon reliable information that an employee is using or has recently used or possessed a controlled substance. 00-03 POA MOU Final 47 5/16/01 10:38 AM POA MOU Res. No. 2001-28 EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 5. Failure to comply with the provisions of this policy will result in appropriate disciplinary action up to and including termination. 6. The provisions of the policy do not preclude employees who are not subject to mandatory or random testing from submitting to testing on a voluntary basis. B. DEFINITIONS 1. Mandatory Controlled Substance Test - Means the compulsory production and submission of urine by an employee, in accordance with departmental procedures, for chemical analysis to detect the presence or absence of controlled substances. 2. Mandatory Breath Alcohol Test — Means the compulsory production and submission of breath by an employee, in accordance to departmental procedures, for analysis to detect the presence or absence of alcohol. 3. . Random Test - A scientifically valid computerized method of selecting randomly who will be tested during a specific period. Each member of the pool has an equal chance of being selected during any testing period. 4. Initial Screening Test - Means the first test for the presence of the controlled substances being screened. A licensed Substance Abuse Mental Health Services Administration laboratory conducts this test. 5. Confirmatory Test - Means the second test to confirm the presence or absence of those controlled substances being tested. 6. Controlled Substance - Means any drug, narcotic or immediate precursor, which is specified or referenced in any provision of the California Uniform Controlled Substance Act (Division 10 of the California Health and Safety Code) which may subject an individual to criminal penalties. 7. Legal Drug - Means any "over-the-counter" drug or "prescription" drug which has been legally obtained and is being used in the manner, combination and quantity for which it was manufactured, prescribed, or intended. 00-03 POA MOU Final 48 5116/01 10:38 AM POA MOU Res. No. 2001-28 EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 8. On Duty - Means the span of time between the time the employee reports for his or her work shift through the time the employee ends duty for the same shift and also while on overtime. 9. Prescription Drug - Means any drug prescribed for the individual by a . licensed medical practitioner. 10. Medical Review Officer - The Medical Review Officer (MRO) shall be a licensed physician who has knowledge of substance abase disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with his or her medical history and any other relevant biomedical information. The MRO will consult with the Administrative Support Bureau Lieutenant in the event that a professional standards investigation is instituted as a result of a positive confirmatory test. 11. Administrative Support Bureau Lieutenant - Shall mean the Administrative Support Bureau Lieutenant or his/her designee. 12. SAMHSA - Is the Substance Abuse Mental Health Services Administration. 13. AMC - Is Addiction Medicine Consultants, P.O. Box 8878, Redlands, CA 92375. C. CONFIDENTIALITY OF TESTING Employees subject to controlled substance testing will be assigned a test identification number by AMC. The actual collection process shall be as discreet as possible and shall respect the dignity of the employee. The Administrative Support Bureau Lieutenant will be notified by AMC of the results of the tests. D. ADMINISTRATION AMC or other authorized substance abuse consulting company will conduct the controlled substance and alcohol testing procedures. 00-03 POA MOU Final 49 5/16/01 10:38 AM POA MOU Res. No. 2001-28 EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY E. FREQUENCY OF TESTING Employees will be assigned confidential numbers, which will be placed into a computerized pool from which the number of employees to be tested will be selected each month. All sworn personnel will be assigned confidential numbers which will be placed into a computerized pool, maintained by the testing company, from which. the number of employees to be tested will be selected each month. Once each month the testing company computer will randomly select that number of employees which represents 1/12th of 25% of the sworn employees represented by the H.B.P.O.A. The actual number of employees selected by this formula shall be rounded upward only upon a decimal point which exceeds .6. The names of the selected employees shall immediately be forwarded to the Administrative Support Bureau Commander. Those employees who are on duty who have been selected in accordance with the above procedure shall be tested on that day. Those employees who are not on duty on the day selected shall be tested on the first day following their return to work. There will be no minimum or maximum number of times an employee may be tested in a year. Any employee temporarily reassigned to another shift (i.e., due to injury/illness) in excess of 40 hours will be included in the specific test period consistent with the employee's work hours. F. NOTIFICATION ATA will provide the Administrative Support Bureau Lieutenant with the randomly selected employees. Administrative Support Bureau Lieutenant will summon them for testing during their normal duty hours. All available employees will be tested. The numbers assigned to the unavailable employees will be returned to the pool of confidential numbers for the next random selection and testing. There will be a pre -test interview with the employee to explain the Drug Disclosure Statement before beginning the collection process. The employee will complete the statement, which elicits information about recent use of prescription medications and accidental exposure to controlled substances. The disclosure statement will be sealed in an envelope by the employee and given to the Administrative Support Bureau Lieutenant. The disclosure statement will not be reviewed by anyone unless the confirmatory test shows positive. If the test is negative, the employee may request the Administrative Support Bureau Lieutenant to destroy (shred) the statement or return it to him or her. 00-03 POA MOU Final 50 5/16/01 9:18AM POA MOU Res. No. 2001-28 G. URINE COLLECTION After completion of the disclosure statement, the employee will be directed to the designated test site. The employee will have up to two (2) hours to produce a urine sample of at least 60 milliliters (2.0 fluid ounces), the amount considered sufficient for laboratory analysis. The employee may drink fluid to aid in urination. The following steps will be taken in the collection process: 1. The employee will randomly select a urine collection kit. 2. The employee will be visually checked for any unusual protruding areas about the body and asked to remove large items during the collection process. The employee will also be required to produce a picture ID to verify identification. 3. The employee will be escorted to a restroom at the site where a laboratory worker will tape the handle of the faucet and the toilet bowls to deter/detect usage of those plumbing facilities during the collection process. The employee will then be left alone in the restroom to urinate into the collection kit container. The employee will apply the lid to the container and give it to the laboratory attendant who will apply a digital temperature indicator strip to the side of the container about 3/4" from the bottom. The temperature will appear on the temperature strip within four (4) minutes and will be read by the laboratory attendant. The laboratory attendant will then divide the urine sample into a primary and a split specimen by pouring the sample into two containers. 4. The laboratory attendant will then complete a chain of custody form in the presence of the employee, which will include the following information: a. Employee identification number. b. Reason for the test: i.e., random, pre -employment, probable cause, etc. c. Verification of identification. 00-03 POA MOU Final 51 5116/01 9:18AM POA MOU Res. No. 2001-28 EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY d. Tests to be performed; i.e., Opiates, PCP, Cocaine, Amphetamines, Marijuana, Barbiturates, Bensodiazepines, Steroids, or any other controlled substance specified in Division 10 of the California Health and Safety Code. e. Date and time of collection. f. Collector's name and location and telephone number of collection facility. A check mark if the urine is within the specified range. If outside the range, the actual temperature in degrees will be recorded and, if the employee permits, oral temperature will be taken and recorded. 6. The donor will initial and date a numerically unique chain of custody label. 7. The laboratory attendant will place the label on the lid of the urine container. 8. The laboratory attendant will then complete the chain of custody portion of the chain of custody form, remove the top copy and place the urine sample and the top copy of the form into a clear plastic evidence bag and seal it. 9. The employee will then be required to complete the bottom of the chain of custody form marked "Medical Review Officer." That information will include the employee's name, telephone number, date of birth, signature and date. 10. The employee will be asked to initial and date the sealed plastic evidence bag. 11. The remaining chain of custody form copies will be distributed as follows. a. Pink copy to the Medical Review Officer. b. Green copy to the employee/donor. C. Yellow copy to collection laboratory. d. Blue copy to the Administrative Support Bureau Lieutenant. 00-03 POA MOU.Final 52 5/16/01 9:18AM POA MOU Res. No. 2001-28 EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 12. Laboratory personnel will return to AMC with the sealed evidence bag. It will be sent to an airborne courier and transported to a SAMHSA analysis -testing laboratory. 13. The split specimen will remain at the original testing laboratory until a written request by the donor is received by the Medical Review Officer to have the original testing laboratory send the split specimen to another certified laboratory for reanalysis by GC%MS confirmation. H. LABORATORY TEST RESULTS 1. If the initial screening test is negative, no other tests will be performed and the drug test shall be deemed negative. AMC will notify the department of negative test results within 72 hours. 2. The initial screening tests will be for the following substances at the following levels: Substances _, " Initial:Test Levels: Opiates 2000 ng/ml Phencyclidine (PCP) 25 ng/ml Cocaine 300 ng/ml Amphetamines 1000 ng/ml Marijuana 50 ng/ml Barbiturates 200 ng/ml Bensodiazepines 200 ng/ml Anabolic Steroids 10 ng/ml 3. In the event of a positive result, the second of the two samples collected will be sent to a laboratory of the employee's choice, chosen from an approved list of laboratories. The following testing levels for the second test shall be considered a positive for that substance. 00-03 POA MOU Final 53 5/16101 9:18AM POA MOU Res. No. 2001-28 °'- SUbstances - Second Test Levels_ Opiates 2000 ng/ml Phencyclidine (PCP) 25 ng/ml Cocaine 150 ng/ml Amphetamines 500 ng/ml Marijuana 15 ng/ml Barbiturates 200 ng/ml Bensodiazepines 100 ng/ml Anabolic Steroids 10 ng/ml 4. If the confirmatory test is positive, the test results along with the Drug Disclosure Statement will be furnished to the Medical Review Officer, who is employed by AMC. After their review, the Medical Review Officer will contact the employee by telephone to discuss the results. If the Medical Review Officer believes there is a legitimate and satisfactory explanation for the positive test results, it will be considered a negative test and no further action will be taken. If the Medical Review Officer does not find a satisfactory explanation, the laboratory test results and the Drug Disclosure Statement will be forwarded to the Administrative Support Bureau Lieutenant who will cause a professional standards investigation to be conducted. 00-03 POA MOU Final 54 5116/01 9:18AM POA MOU Res. No. 2001-28 EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY ANY NEGATIVE TEST RESULTS AT ANY STAGE OF TESTING WILL BE DEEMED A NEGATIVE TEST. I. BREATH ALCOHOL TESTING PROCEDURES 1. Initial Testing: a) The Breath Alcohol Technician (BAT) must complete Step 1 on the Breath Alcohol Testing Form. The employee must then complete Step 2 on the form, and sign the certification. Refusal by the employee to sign the certification will be regarded as refusal to take the test. b) After the BAT attaches an individually sealed mouthpiece (opened in view of the employee) to the Evidential Breath Test (EBT) device, the BAT will instruct the employee to blow forcefully into the mouthpiece until the EBT device indicates that adequate breath has been obtained. c) If the EBT device has capability to print the Breath Alcohol Testing Form, the BAT must ensure, before administering the test, that both BAT and employee read the sequential number displayed by the device. Following the test, the BAT must show the employee the result displayed on the EBT device. If the EBT device generates a printed result, but does not print it directly onto the Breath Alcohol Testing Form, the BAT must show the employee the result displayed on the EBT device and affix the result printout to the Breath Alcohol Testing Form in the designated space, using a method that will provide clear evidence of removal (such as tamper -evident tape). If the EBT device lacks printing capabilities, the BAT must show the employee the result displayed on the EBT device, complete Step 3 of the Breath Alcohol Testing Form and make required entries in the logbook. The employee must initial the logbook entry. d) If the screening test reveals a BAC of 0.01 or greater, a confirmation test will be performed. 00-03 POA MOU Final 55 5/16/01 9:18AM POA MOU Res. No. 2001-28 EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 2. 3 Confirmation Testing: a) The employee must be instructed not to eat, drink, put any object or substance into his or her mouth and to the extent possible, not belch during the 15-minute waiting period between the completion of the screening test and the beginning of the confirmation test. b) This test must be performed within 30 minutes of the completion of the screening test. c) If the screening and confirmation test results are not identical, the confirmation result is deemed to be final. d) The BAT must ensure, before administering the test that both BAT and employee read the sequential number displayed by the device. If the EBT device has capability to print the test results directly onto the Breath Alcohol Testing Form, the BAT must show the employee the result displayed on the EBT device. If the EBT device generates a printed result, but does not print it directly onto the Breath Alcohol Testing Form, the BAT must how the employee the result displayed on the EBT device, and affix the test result printout to the Breath Alcohol Testing Form in the designated space using a method that will provide clear evidence of removal. e) In the case of a confirmed positive test, the results must be transmitted immediately to the Administrative Support Bureau Lieutenant. f) If the breath alcohol confirmation test is positive, the BAT will proceed to have a separate urine specimen collected for testing by a certified lab for the presence of ETOH according to the procedures in item #G.1-13. Inability to Provide an Adequate Amount of Breath. a) The BAT must instruct the employee to attempt to provide an adequate amount of breath. If the employee refuses to make an attempt, the BAT will immediately inform the Administrative Support Bureau Lieutenant. 00-03 POA MOU Final 56 5/16/01 9:18AM POA MOU Res. No. 2001-28 EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY b) If the employee attempts and fails to provide an adequate amount of breath, the BAT will so note in the remark section of the Breath Alcohol Testing Form. The BAT will immediately inform the Administrative Support Bureau Lieutenant who will direct the employee to obtain an evaluation from a licensed physician concerning the employee's medical ability to provide an adequate amount of breath. J. REFUSAL TO PROVIDE URINE AND/ OR BREATH SAMPLES If the employee refuses to submit to random controlled substance testing/breath testing or follow the testing and collection procedures, the Administrative Support Bureau Lieutenant will order the Employee to comply. If the employee refuses to obey the order, the Administrative Support Bureau Lieutenant shall cause a professional standards investigation to be conducted, which may result in disciplinary action, up to and including termination. K. INVESTIGATION AND DISCIPLINE If the confirmatory test results are positive, the Administrative Support Bureau Lieutenant shall cause a professional standards investigation to be conducted. That investigation shall include, among other things, contact with the Medical Review Officer. All reports generated through confirmatory drug testing shall be kept in a separate general drug -testing file maintained by the Administrative Support Bureau Lieutenant. Any reporting done as a result of a professional standards investigation regarding this policy shall be kept on file in the same manner as any other professional standards investigation. The results of a professional standards investigation may result in disciplinary action, up to and including termination. All department rules and regulations regarding possible discipline matters shall apply. 00-03 POA MOU Final 57 5/16101 9:18AM Res. No. 2001-28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 21st day of May, 2001 by the following vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: None ABSENT: Julien Houchen, Garofalo ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California POA MOU TABLE OF CONTENTS PREAMBLE.................................................................................................................................................................................1 ARTICLEI - TERM OF MOU................................................................................................................................................... l ARTICLE II - REPRESENTATIONAL UNIT/CLASS........................................................................................................... I 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. Bilingual Skill................................................................................................................................................................... 6 2. Nurse Emplovees Certification......................................................................................................................................... 7 H. HOLIDAY PAY........................................................................................................................................................................7 I. FTO COMPENSATION...................................:...:.....................................................................................................................7 J. TUITION REIMBURSEMENT.....................................................................................................................................................7 ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT..........................................................................8 A. UNIFORMS.............................................................................................................................................................................. x B. EQUIPMENT/SPECIAL UNIFORM NEEDS.................................................................................................................................. 8 C. MOTORCYCLE BRITCHES....................................................................................................................................................... 8 ARTICLEIX - HOURS OF WORK/OVERTIME ...................................................................................................................8 A. SHIFTS DEFINED.................................................................................................................................................................... 8 B. WORK SCHEDULE.................................................................................................................................................................. 8 C. OTHER TIME.......................................................................................................................................................................... 9 1. Compensatory Time.......................................................................................................................................................... 9 2. Work Time...................................................................................................................................................................... 10 3. Court Standby Time........................................................................................................................................................ 10 4. Holidays Worked............................................................................................................................................................ 11 S. Court Appearance Time................................................................................................................................................. 11 6. Non -Court Standby Time................................................................................................................................................ 11 7. Cancelled Subpoenas..................................................................................................................................................... 11 8. Call Back........................................................................................................................................................................ I I 9. Telephonic Business....................................................................................................................................................... 11 10. Pay In Lieu of Compensatory Time........................................................................................................................... 11 11. K-9 Compensation..................................................................................................................................................... I D. WEEKEND MILITARY DRILLS.............................................................................................................................................. 12 E. FLEX TIME — BEACH DETAIL............................................................................................................................................... 12 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS.....................................................................................12 A. HEALTH............................................................................................................................................................................... 12 00-03 POA MOU Final i 5/16/01 10:38 AM POA MOU TABLE OF CONTENTS 1. Medical...........................................................................................................................................................................12 2. Dental.............................................................................................................................................................................12 3. Optical............................................................................................................................................................................ 12 4. Eligibility Criteria and Cost........................................................................................................................................... 12 a. 2000 Premiums............................................................................................................................................................................. 12 b. 2001 Premiums............................................................................................................................................................................. 13 C. 2002 Premiums............................................................................................................................................................................. 13 d. 2003 Premiums............................................................................................................................................................................. 14 e. Dependent Health Coverage......................................................................................................................................................... 14 5. Medical Plan Changes Effective January 1, 2002......................................................................................................... 14 6. One HMO....................................................................................................................................................................... 15 7. Medical Cash-Out.......................................................................................................................................................... 15 8. Section 125 Plan............................................................................................................................................................ 15 B. LIFE INSURANCE.................................................................................................................................................................. 15 C. INCOME PROTECTION PLAN................................................................................................................................................. 15 D. SURVIVORS' BENEFIT LEVEL IV....................................................................................................:..................................... 16 ARTICLEXI - RETIREMENT................................................................................................................................................16 A. BENEFITS............................................................................................................................................................................. 16 1. CHP Retirement Plan.....................................................................................................................................................16 2. 3% n Age 50 Plan.........................................................................................................................................................16 3. Self -Funded Supplemental Retirement Benefit............................................................................................................... 17 4. PERS Rollover................................................................................................................................................................ 17 5. 2% @ Age 55 Plan......................................................................................................................................................... 17 6. Medical Insurance for Retirees...................................................................................................................................... 17 ARTICLEXII - LEAVE BENEFITS.......................................................................................................................................18 A. VACATION ....................... :...................... ............................................................................................. ................................ 18 1. Anniversary Date.......................................:.................................................................................................................... 18 2. Annual Vacation............................................................................................................................................................. 18 3. Vacation Allowance....................................................................................................................................................... 18 4. Eligibility and Permission.............................................................................................................................................. 19 5. Vacation - When Taken.................................................................................................................................................. 19 6. Terminal Vacation Pay................................................................................................................................................... 19 7. Receipt of Vacation Pay................................................................................................................................................. 19 8. Conversion to Cash........................................................................................................................................................ 19 B. HOLIDAYS............................................................................................................................................................................19 C. SICK LEAVE......................................................................................................................................................................... 20 D. BEREAVEMENT LEAVE.........................................................................................................................................................20 E. ASSOCIATION BUSINESS......................................................................................................................................................20 ARTICLEXIII - CITY RULES................................................................................................................................................20 ARTICLEXIV - MISCELLANEOUS.....................................................................................................................................21 A. MEAL ALLOWANCE.............................................................................................................................................................21 1. Per Diem........................................................................................................................................................................ 21 2. Per Diem Schedule......................................................................................................................................................... 21 B. MILEAGE ALLOWANCE........................................................................................................................................................21 C. WEAPON VESTING...............................................................................................................................................................21 D. RANDOM DRUG AND ALCOHOL TESTING.............................................................................................................................21 E. TUITION REIMBURSEMENT —NON SWORN EMPLOYEES.......................................................................................................21 ARTICLEXV - CITY COUNCIL APPROVAL.....................................................................................................................23 EXHIBIT A - POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE...................................................................24 00-03 POA MOU Final ii 5/16/01 10:38 AM POA MOU TABLE OF CONTENTS EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME.....................................................27 EXHIBITC — RETIREE MEDICAL SUBSIDY.....................................................................................................................29 A. MINIMUM ELIGIBIITY FOR BENEFITS................................................................................................................................... 30 C. MAXIMUM MONTHLY SUBSIDY PAYMENTS.........................................................................................................................30 EXHIBIT D - EMPLOYEE HEALTH PLAN.........................................................................................................................33 EXHIBIT E - DELTA CARE (PMI) BROCHURE................................................................................................................. 34 EXHIBIT F - DELTA DENTAL BROCHURE.......................................................................................................................35 EXHIBIT G - VISION CARE (VSP) BROCHURE................................................................................................................ 36 EXHIBITH — PERSONNEL RULE CHANGES.................................................................................................................... 37 A. RULE 5, ORDER OF CERTIFICATION..................................................................................................................................... 37 B. RULE 5-14, PROMOTIONAL EXAMINATIONS........................................................................................................................37 C. RULE 5-20, DURATION OF EMPLOYMENT LISTS.................................................................................................................. 37 D. RULE 7 -- DISCIPLINE...............................:.......................................................................................................................... 37 E. RULE 8 -- TERMINATION......................................................................................................................................................38 F. RULE 8-3 LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE.......................................................................................... 39 G. RULE 8-11, RE-EMPLOYMENT.............................................................................................................................................39 J. RULE 18-19, MATERNITY LEAVE........................................................................................................................................41 K. RULE 19-5, STEP 4, CITY ADMINISTRATOR.........................................................................................................................41 L. RULE 19-5(B), HEARING......................................................................................................................................................42 M. RULE 21-7, GRIEVANCE PROCEDURES - GENERAL..............................................................................................................43 N. RULE 21-12, TIME, EXTENSION OF......................................................................................................................................44 EXHIBIT I — INCOME PROTECTION PLAN......................................................................................................................45 EXHIBIT J — MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY ........47 00-03 POA MOU Final iii 5116/01 10:38 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, 2000 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, 2000, and ending at midnight on September 30, 2003. 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. 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 classification titles as outlined in Exhibit A attached hereto and incorporated herein. B. The CITY and the ASSOCIATION have agreed to a procedure whereby the CITY, by and through the Human Resources Officer, would be entitled to propose a Unit Modification. The ASSOCIATION and the CITY agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (#3335) upon the CITY's having completed its obligation to meet and 00-03 POA MOU Final -1- 5/14/01 11:35 AM POA MOU 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. Human Resources Officer Motion of Unit Modification - The Human Resources Officer 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 Human Resources Officer shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer'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 Human Resources Officer 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 Human Resources Officer'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. 00-03 POA MOU Final 2 5/16/01 10:38 AM POA MOU 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 that 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 his or her PERS contribution. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. 00-03 POA MOU Final 3 5116/01 10:38 AM POA MOU C. Each sworn employee covered by this agreement shall be reimbursed an amount equal to 9% of the employee's part of his or her 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 Pla 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 POST College Maximum Years of College Monthly Monthly Incentive Certificate Units Training HBPD Units Amount Amount Level Service Required 10/1/00 01/01/01 Annually to Units Points 12/31/00 I Intermediate 30 20+ 10 1 6 $ 100.00 $ 115.00 II Intermediate 60 40+ 20 1 3 $ 150.00 $ 170.00 III Advanced 90 60+ 30 2 3 $ 200.00 $330.00 IV Advanced 120 0 3 3 $ 300.00 $330.00 V Advanced 150 120+ 30 3 0 $ 300.00 $330.00 2. Stipulations: a. College major shall be Police Science, Criminology, Political Science, Sociology, Law, Business Administration, Public Administration, Psychology or closely similar field as approved by the Chief of Police and Education Committee. b. Initial eligibility must be approved by the Chief of Police. An acceptable yearly performance evaluation, signed by the Chief of Police, is required. No incentive shall be taken away without just cause. c. Training points approved by POST may be substituted for college units, on the following schedule: 10 of 30, 20 of 60, 30 of 90. d. Pay to be effective first month following approval. e. After 120 units of B.A. or POST approved training points may be substituted for college units without limit. 00-03 POA MOU Final 4 5/16/01 10:38 AM POA MOU 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 $500 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 $800 per month as flight pay. D. Shift Differential - Non Sworn - Non sworn members required to work on a regular assigned shift that occurs between the hours of 4:00 P.M. and 2:00 A.M., OR 9:00 P.M. and 7:00 A.M., shall be paid a premium of five percent (5%) of the employee's base hourly rate for all work performed during said shift. E. Senior Officer Program - Senior Police Officer is to be an official classification carrying a salary range of 6% above that of top step Police Officer, including Police Officers assigned to motorcycle duty. The criteria for achieving the Senior Police Officer classification is as follows: 1. Five (5) years continuous service with the Huntington Beach Police Department, and 2. Three years continuous service at "E" Step Police Officer, and 3. Possession of Advanced POST Certificate, and 4. Step 4 or 5 in Educational Incentive Program, and 5. Satisfactory performance evaluation as Police Officer. The maximum number of Senior Officers within the Police Department shall be sixty- three (53). 00-03 POA MOU Final 5 5/16101 10:38 AM POA MOU F. Motor Pay: 1. Employees assigned to motorcycle duty shall receive a flat rate of $300 per month this assignment, which includes compensation for off duty motorcycle maintenance and hazardous duty pay. 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. 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. - G. Special Certification - Skill Pa 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: 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. 00-03 POA MOU Final 6 5116/01 10:38 AM POA MOU 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. c. Motor officers designated to act as training officers. d. Communication Officers designated as Training Officers J. Tuition Reimbursement - Education costs shall be paid to non-sworm permanent employees on the basis of full refund for tuition fees, books and supplies -provided, however, that maximum reimbursement shall be at the rates currently in effect in the University of California system. Upon approval of the Department Head and the Director of Administrative Services, permanment employees may be compensated for actual cost of tuition, books, fees, at accredited educational institutions that charge higher rates than the University of California, if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and Human Resources Officer. 00-03 POA MOU Final 7 5/16/01 10:38 AM POA MOU Refunds shall be made when the employee presents proof to the Director of Administrative Services that he/she has paid such costs and successfully completed the course. 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 $1,200 per year; payable in January to those employees on active duty on January 1st. Employees hired after January 1" shall have their uniform allowance pro -rated for each month in which they were on active duty for a least one full shift, separately from payroll checks. It is the mutual intent of the parties -that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The CITY will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police. B. Equipment/Special Uniform Needs - SWAT uniforms and equipment shall continue to be provided by the CITY. C. Motorcycle Britches - Motorcycle officers shall receive four pairs of britches at the time of assignment. After initial issue, replacement britches may be issued on the recommendation of the Traffic Bureau Commander with approval of the Department Head. All replaced britches must be turned in when replacement britches are received. ARTICLE IX - HOURS OF WORK/OVERTIME A. Shifts Defined - Employees will be considered as assigned to the afternoon shift (4:00 P.M. to 2:00 A.M.) or the night shift (9:00 P.M. to 7:00 A.M.) when five (5) or more hours of their regularly assigned shifts occur in the afternoon or night shift as defined herein. B. Work Schedule 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 the ASSOCIATION and the CITY agree to changes. 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. 00-03 POA MOU Final 8 5116/01 10:38 AM POA MOU 3. 7-11.5 Plan — The 7-11.5" work schedule will be implemented for designated employees of the Patrol Bureau only and shall consist on a 14-day 7(K) FLSA work week. a) 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. b) 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. c) 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. d) 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. 4. 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. C. Other Time: 1. Compensatory Time - 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 140 hours. 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 00-03 POA MOU Final 9 5116/01 10:38 AM POA MOU 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 included in determining the eligibility for time and one half overtime pay. a. Sick leave. b. Vacation time taken during the workweek. c. Compensatory time off taken during the workweek. d. Any other paid leave time taken during the workweek. 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 three hours straight time pay (including differentials in Article VII) for each morning and afternoon court session. 00-03 POA MOU Final 10 5/16/01 10:38 AM POA MOU 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 workweek. 7. Cancelled Subpoenas- Employee shall receive two (2) hours of straight pay for subpoenas cancelled with less than 24 hours notice. 8. 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, upon arrival at the department or the incident scene until released. Should the called back employee be cancelled prior to arrival, the two-hour minimum shall be paid. 9. Telephonic Business - Off -duty employees shall be compensated a minimum of fifteen (15) minutes at the rate of time and one-half their regular hourly rate when telephoned at home to conduct departmental business. Telephonic departmental business beyond fifteen (15) minutes shall be compensated at time and one-half the employee's hourly rate in fifteen (15) minute increments (i.e., 16-30 minutes = 30 minutes of compensation, 31-45 minutes = 45 minutes compensation and so forth.) 10. Pay In Lieu of Compensatory Time - In the months of December and April of each year, employees may, at their option, be paid for their compensatory time. 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 employee's regular rate of pay in effect at the time the request is made. 11. K-9 Compensation - Employees assigned to K-9 duty to receive fifteen (15) hours of compensatory time per month for time spent off -duty for care, feeding and grooming of the canine. Employees shall submit overtime slips for off -duty veterinary visits and extraordinary care. 00-03 POA MOU Final 11 5/16101 10:38 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. E. Flex Time — Beach Detail - Employees assigned to the Beach Detail may be assigned a fixed flex schedule that incorporated two 8-hour days and two 12-hour days in a workweek. 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. Eligibility Criteria and Cost: a. 2000/2001 Premiums — The City shall contribute toward the cost of the 2000 premium for medical, dental and vision as outlined below: 00-03 POA MOU Final 12 5/16/01 10:38 AM POA MOU 1) 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: MONTHLYtl'r.; :. CITY;y DELTA ; DELTA-. ' . =..:.h ,: :._ ... VSP " ... �o-..., '- PREMI,UMS*"-' > ; PLAN.:•„W:,PACIFICARE --.., DENTAL.1 CARE'. .. SAFEGUARD :. , . (V'ision): EMPLOYEE ONLY $283 28 $165.06 $165.06 $ 36.99 $ 22.12 $ 16.20 $ 17.58 EMPLOYEE + ONE $560.18 $361.66 $361.66 $ 70.65 $ 37.61 $ 29.16 $ 17.58 EMPLOYEE + FAMILY $685.86 $476.68 $476.68 $100.37 $ 57.51 $37.22 $ 17.58 2) Employee Paid Premiums - Employees hired prior to adoption date November 2, 1998, the City shall pay medical, dental and vision premiums subject to 4a above and 4b below. 3) Two -Tier Health Premium - Employees hired on or after the November 2, 1998 of this agreement, the City's contribution toward medical insurance shall be at the highest HMO rate of (1) employee only, (2) employee + one, or (3) employee + family. This provision "Two -Tier" shall expire the first of the month following adoption of. this agreement. b. 2001 Premiums - Effective the first of the month following adoption of this agreement, the City "caps" its contributions toward employee monthly health insurance premiums by category and plan at the rate in effect January 1, 2001 for the year ending December 31, 2001 as set forth below: MONTHLY -'CITY ;;.` ' LL HEALTH_`- ,. DELTA DELTA. VSP° PREMIUMS* '.PLAN' ;.:° ;rPACIFICARE: -.'NET DENTAL CARE- SAFEGUARD,y­' (Visi'"on)� EMPLOYEE ONLY $261.01 $183.54 $170.01 $ 36.99 $ 22.12 $ 16.20 $ 17.58 EMPLOYEE + ONE $516.14 $402.54 $372.51 $ 70.65 $ 37.61 $ 29.16 $ 17.58 EMPLOYEE + FAMILY $631.94 $528.28 $490.98 $100.37 $ 57.51 $ 37.22 $ 17.58 c. 2002 Premiums - The City "caps" its contributions toward employee monthly health insurance premiums by category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect January 1, 2002 for the year ending December 31, 2002. 00-03 POA MOU Final 13 5/16/01 10:38 AM POA MOU d. 2003 Premiums — The City "caps" its contributions toward employee monthly health insurance premiums by category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect December 31, 2002 for the year beginning January 1, 2003. If projected premium increases for any medical plan exceed ten percent (10%) for 2003, the City will meet and confer at Association's option on cost containments and plan costs prior to August 1, 2002. e. Dependent Health Coverage - The CITY will assume payment for dependent health insurance, subject to paragraph 4 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. 5. Medical Plan Changes Effective January 1, 2002: (No later than July 1, 2001 the POA shall select two of the changes to the cost containment provisions contained in sub -section a, b or c to be included in the City Health Plan. If the POA fails to select two of these provisions by July 1, 2001 the change to section c shall be deleted and the changes to sub- sections a and b shall be implemented. Sub -section c shall remain at the prior contract levels.) a. Plan Deductibles — Deductible increase from $150 to $250 per individual and $450 to $500 per family. b. Out of Network - Non PPO co -payment reduced from seventy percent (70%) to sixty percent (60%). c. Out of Pocket — Increased from $1,000 to $2,000 per individual and $2,000 to $4,000 per family. d. Preventive Medical Care — Part IX of the Employee Health Plan Document shall be revised to read as follows: Benefits will be provided up to $200 per person every year for preventive medical care. Such care shall include such usual preventive medical options as an every year physical exam for adults, yearly PAP tests for females, flu shots, chest x-rays, EKG and other diagnostic lab tests if certified by the physician that such procedures are included under a routine physical examination and is not in connection with the diagnosis or treatment of any illness, disease or accidental bodily injury. All well baby exams for an infant for the first year of life will be allowed and is not subject to the $200 maximum benefit. All immunizations for 00-03 POA MOU Final 14 5/16/01 10:38 AM POA MOU infants/adults will be provided and coverage is not limited to the $200 maximum benefit. 6. One HMO — Beginning with the 2002 plan year, there shall be one HMO (HealthNet). 7. Medical Cash -Out — If an employee is covered by a medical program outside of a City -provided program (evidence of which must be supplied to Administrative Services Department, Payroll and Benefits Division), they may elect to discontinue City medical coverage and receive two hundred dollars ($200) per month to deposit into their Deferred Compensation account or any other pre-tax program offered by the City. The medical cost -out shall be effective the first of the month following the adoption of this agreement. 8. Section 125 Plan — Effective January 1, 2001, employees may begin utilizing this plan, which allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. 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 ASSOCIATION shall remain in effect for all 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 Disability Due to Illness First 60 Days Regular Pay Regular Pay Next 24 Months 66 2/3% of Base Pay Same To Age 65 66 2/3% of Base Pay None 2. Days and months refer to calendar days and months. Benefits under the Plan are integrated with Workers' Compensation, Social Security and other non - private program benefits to which the employee may be entitled. Disability is defined as the inability to perform all of the duties of regular occupation during two years and thereafter the inability to engage in any employment or 00-03 POA MOU Final 15 5/16/01 10:38 AM POA MOU 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. 1959 Survivors' Benefit Level IV - The CITY will notify the California Public Employees' Retirement System (PERS) within thirty (30) days after the adoption of this agreement, to initiate the contract amendment process. 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. 3% Ca)_ Age 50 Plan - The CITY will notify PERS within thirty (30) days after adoption of this agreement to initiate the contract amendment process to provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association contract amendment process within ten (10) business days of COUNCIL approval with the intent of providing the benefit by June 30, 2001, subject to PERS approval. At the present time, based upon actuarial studies conducted by PERS, the City is not required to make any retirement contributions with respect to employees represented by the Association. If at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable." The amount of the 00-03 POA MOU Final 16 5/16/01 10:38 AM POA MOU reimbursement set forth in Article VI.0 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. 3. Self -Funded Supplemental Retirement Benefit - In the event a PERS member elects Option #2 (Section 21333) of the Public Employee's Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the CITY's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the CITY. All unit employees hired after the adoption of this MOU shall not be eligible for this benefit. (Note: The options provide that the allowance is payable to the member until his/her death, and then either the entire allowance, Option 2, or one-half of the allowance, Option 3) is paid to the beneficiary for life.) 4. PERS Rollover - Each employee, eligible for service retirement, may have his/her PERS pickup and vacation accrual reported as compensation for all or any part of the twelve (12) month period prior to his/her service retirement date upon written request to the Director of Finance. Such modified reporting shall be limited to a maximum period of twenty-four (24) months preceding retirement. Requests for retroactivity, if permitted by PERS, will be decided on an individual basis and shall require the approval of the Human Resources Officer. No unit employee shall be allowed to apply for or continue this benefit (PERS pick-up and vacation accrual) beyond January 31, 1994. 5. 2% (aD_ Age 55 Plan -- Non -safety unit employees shall receive the 2% at age 55 PERS retirement plan option. 6. Medical Insurance for Retirees: a. Upon retirement (whether service or disability) each employee shall have the following options in regards to medical insurance under CITY sponsored plans: 1) With no change in benefits, retirees can -stay in the CITY's Employee Health Plan or an HMO Plan offered by the CITY at the retiree's own expense for the maximum time period required by Federal Law (COBRA), or 00-03 POA MOU Final 17 5116/01 10:38 AM POA MOU 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: a. For the first through the fourth year of continuous service, vacation time will be accrued at the rate of 112 hours per year. 00-03 POA MOU Final 18 5/16/01 10:38 AM POA MOU b. After the fifth year and through the ninth year of continuous service, vacation time will be 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. It is the intent of the parties that employees will take vacation during the current year. B. Holidays - The following are the recognized legal holidays under this MOU: 1. New Year's Day (January 1) 2. Martin Luther King's Birthday (third Monday in January) 3. President's Day (third Monday in February) 4. Memorial Day (last Monday in May) 00-03 POA MOU Final 19 5/16/01 10:38 AM POA MOU 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 an employee holiday by the City Council of the City of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. C. Sick Leave: 1. All sworn personnel and non -sworn personnel represented by the ASSOCIATION shall have a maximum of 60 calendar days sick leave per incident or illness. This leave shall not accumulate beyond the one year maximum and there shall be no pay off rights to unused leave upon termination of the employee from the City. 2. Sick leave may be used for an absence due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absence shall be limited to five days per calendar year. D. Bereavement Leave - Employees shall be entitled to bereavement leave not to exceed three working days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, grandchildren and grandparents of the employee or spouse. E. Association Business - An allowance of 800 hours per year shall be established for the purpose of allowing authorized representatives of the ASSOCIATION to represent members of the ASSOCIATION in their employment relations. Such allowance may be utilized only by those persons authorized by the Board of Directors of the ASSOCIATION and such utilization shall be subject to the rules indicated in Exhibit B. Up to 200 hours per year of unused hours may be carried over to the subsequent year. ARTICLE XIII - CITY RULES The CITY and the ASSOCIATION agree to implement the rule changes and accordingly revise the Personnel Rules as described in Exhibit H. 00-03 POA MOU Final 20 5/16/01 10:38 AM POA MOU ARTICLE XIV - MISCELLANEOUS A. Meal Allowance: 1. Per Diem - Employees shall be entitled to per diem under the following circumstances: a. Personnel with prior knowledge and approval of their supervisor, and on work assignments, or attending, meetings or training in excess of a 25-mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal work hours or require lodging. b. Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule. c. Meal expenses other than listed in "a" or "b" may be considered for reimbursement (receipt required) at the discretion of the Division Commander. d. Receipts are not required, other than as noted above. 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 up to the rate reimbursable by POST. 2. All other mileage not reimbursable by POST shall be compensated at the existing IRS reimbursable rate. 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. D. Random Drug and Alcohol Testing -- Sworn unit employees shall be subject to random drug and alcohol testing in accordaince with Exhibit J. E. Tuition Reimbursement — Non Sworn Employees — Educational costs shall be paid to permanent employees on the basis of full refund for tuituion, fees, books and supplies, provided that the maximum reimbursement shall be at the rates currently in effect in the University of California System. 00-03 POA MOU Final 21 5/16/01 10:38 AM POA MOU Upon approval of the Department Head, and the Director of Administrative Services, permanent employees may be compensated for actual costs of tuition plus books, fees, at accredited educational instutitions that charge higher rates than the University of California System if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and the Human Resources Officer. Refunds shall be made when the employee presents proof to the Director of Administrative Services that he/she has paid such costs and successfully completed the course. 00-03 POA MOU Final 22 5/16/01 10:38 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 21st day of May , 2001. :r In CITY OF HUNTINGTON BEACH �a.•_ Ray ilver City Administrator Chief of Police William H. Osness H-blman Resources Officer `James Cutshaw Polige-f.aptain HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION By: Russell Reinhart POA President !-.N Kre uller POA Vice President By: G Jeff s POA Secretary By: Dennis Hashin POA Treasurer By: AV By: - a" C ssldy rk Reid Chief Negotiator POA Negotiator -' APPROVED AS TO FORM By: ail HuttonC� s 21-c/ City Attorney 00-03 POA MOU Final 23 5116/01 10:38 AM POA MOU EXHIBIT A CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE EFFECTIVE JANUARY 1, 2001 .. ..- 4334 Police Recruit 405 $2,567 $2,707 $2,856 $3,014 $3,180 $14.81 $15.62 $16.48 $17.39 $18.35 4332 Police Officer 478 $4,099 $4,324 $4,562 $4,813 $5,078 $23.65 $24.95 $26.32. $27.17 $29.30 4333 Police Officer Sr. 490 $4,350 $4,589 $4,842 $5,109 $5,390 $25.10 $26.48 $27.94. $29.48 $31.10 6370 Comm. Operator 434 $3,293 $3,473 $3,664 $3,865 $4,078 $19.00 $20.04 $21.14 $22.30 $23.53 6372 Comm. Supervisor 461 $3,766 $3,972 $4,191 $4,421 $4,664 $21.73 $22.92 $24.18 $25.51 $26.91 4325 Detention Officer 433 $3,274 $3,454 $3,645 $3,846 $4,057 $18.89 $19.93 $21.03 $22.19 $23.41 4324 Detention Officer Nurse 443 $3,444 $3,633 $3,832 $4,043 $4,265 $19.87 $20.96 $22.11 $23.33 $24.61 .4326 Detention Officer Senior 449 $3,546 $3,742 $3,948 $4,165 $4,394 $20.46 $21.59 $22.78 $24.03 $25.35 EFFECTIVE OCTOBER 1, 2001 .. Code Classification Range 4334 Police Recruit 411 $2,934 $3,095 $3,265 $3,445 $3,634 $16.93 $17.86 $18.84 $19.88 $20.97 4332 Police Officer 484 $4,227 $4,459 $4,704 $4,962 $5,234 $24.39 $25.73 $27.14 $28.63 $30.20 4333 Police Officer Sr. 496 $4,487 $4,733 $4,993 $5,267 $5,557 $25.89 $27.31 $28.81 $30.39 $32.06 6370 Comm. Operator 440 $3,392 $3,579 $3,776 $3,984 $4,203 $19.57 $20.65 $21.79 $22.99 $24.25 6372 Comm. Supervisor 467 $3,880 $4,094 $4,319 $4,556 $4,808 $22.39 $23.62 $24.92 $26.29 $27.74 4325 Detention Officer 439 $3,376 $3,562 $3,757 $3,964 $4,182 $19.48 $20.55 $21.68 $22.87 $24.13 4324 Detention Officer Nurse 449 $3,546 $3,742 $3,948 $4,165 $4,394 $20.46 $21.59 $22.78 $24.03 $25.35 4326 Detention Officer Senior 455 $3,657 $3,858 $4,069 $4,293 $4,529 $21.10 $22.26 1 $23.48 $24.77 $26.13 00-03 POA MOU Final -24- 5/14/01 11:35 AM POA MOU EFFECTIVE APRIL 1, 2002 .. ..- Classification Range 4334 Police Recruit 415 $2,993 $3,158 $3,331 $3,515 $3,709 $17.27 $18.22 $19.22 $20.28 $21.40 4332 Police Officer 488 $4,309 $4,546 $4,796 $5,059 $5,338 $24.86 $26.23 $27.67 $29.19 $30.80 4333 Police Officer Sr. 500 $4,576 $4,827 $5,093 $5,373 $5,668 $26.40 $27.85 $29.38 $31.00 $32.70 6370 Comm. Operator 444 $3,459 $3,650 $3,851 $4,062 $4,286 $19.96 $21.06 $22.22 $23.44 $24.73 6372 Comm. Supervisor 471 $3,957 $4,175 $4,406 $4,648 $4,905 $22.83 $24.09 $25.42 $26.82 $28.30 4325 Detention Officer 443 $3,444 $3,633 $3,832 $4,043 $4,265 $19.87 $20.96 $22.11 $23.33 $24.61 4324 Detention Officer Nurse 453 $3,619 $3,818 $4,028 $4,250 $4,484 $20.88 $22.03 $23.24 $24.52 $25.87 4326 Detention Officer Senior 459 $3,728 $3,932 $4,149 $4,378 $4,619 $21.51 $22.69 $23.94 $25.26 $26.65 EFFECTIVE OCTOBER 1, 2002 .. .•- Classification Range 4334 Police Recruit 419 $3,055 $3,224 $3,400 $3,588 $3,785 $17.63 $18.60 $19.62 $20.70 $21.84 4332 Police Officer 492 $4,395 $4,638 $4,893 $5,161 $5,445 $25.36 $26.76 $28.23 $29.78 $31.42 4333 Police Officer Sr. 504 $4,667 $4,924 $5,194 $5,480 $5,782 $26.93 $28.41 $29.97 $31.62 $33.36 6370 Comm. Operator 448 $3,529 $3,723 $3,927 $4,144 $4,371 $20.36 $21.48 $22.66 $23.91 $25.22 6372 Comm. Supervisor 475 $4,038 $4,260 $4,494 $4,742 $5,002 $23.30 $24.58 $25.93 $27.36 $28.86 4325 Detention Officer 447 $3,510 $3,702 $3,906 $4,121 $4,348 $20.25 $21.36 $22.54 $23.78 $25.09 4324 Detention Officer Nurse 457 $3,692 $3,894 $4,109 $4,335 $4,574 $21.30 $22.47 $23.71 $25.01 $26.39 4326 Detention Officer Senior 463 $3,802 $4,012 $4,232 $4,465 $4,711 $21.94 $23.15 $24.42 $25.76 $27.18 00-03 POA MOU Final 25 5/16/01 10:38 AM POA MOU EFFECTIVE APRIL 1, 2003 Job .. .- 4334 Police Recruit 425 $3,149 $3,322 $3,504 $3,697 $3,900 $18.17 $19.17 $20.22 $21.33 $22.50 4332 Police Officer 498 $4,529 $4,778 $5,042 $5,319 $5,612 $26.13 $27.57 $29.09 $30.69 $32.38 4333 Police Officer Sr. 510 $4,810 $5,075 $5,354 $5,648 $5,959 $27.75 $29.28 $30.89 $32.59 $34.38 6370 Comm. Operator 454 $3,638 $3,837 $4,049 $4,270 $4,506 $20.99 $22.14 $23.36 $24.64 $26.00 6372 Comm. Supervisor 481 $4,163' $4,392 $4,633 $4,888 $5,156 $24.02 $25.34 $26.73 $28.20 $29.75 4325 Detention Officer 453 $3,619 $3,818 $4,028 $4,250 $4,484 $20.88 $22.03 $23.24 $24.52 $25.87 4324 Detention Officer Nurse 463 $3,802 $4,012 $4,232 $4,465 $4,711 $21.94 $23.15 $24.42 $25.76 $27.18 4326 Detention Officer Senior 469 $3,922 $4,137 $4,364 $4,603 $4,856 $22.63 $23.87 $25.18 $26.56 $28.02 00-03 POA MOU Final 26 5116/01 10:38 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 duty, shall obtain permission for President of the Association. to use Association time, while they are on their immediate supervisor, then from the An Association member shall, on all but emergency situations, give adequate advance notice to his/her supervisor when requesting time off for Association business. If the employee's absence is less than one hour, use of Association bank time is not required. If the employee is away from work in excess of one hour, an Association book -time slip for all time away from work is required. In the event that the President of the Association is not available to grant permission, the Vice -President will then have the responsibility to make the appropriate decision: If the Association member's immediate supervisor will not grant the person .who is requesting time off for Association business, then the President shall be immediately notified by the member. If the business is of such a nature that it must be conducted by that particular Association member, then the President will take the matter to the Division level and every effort will be made to resolve the issue. C. Any member using Association time, while on duty, will submit an Association Bank Time Form and an overtime request form to the President. The member must write on top of the overtime form "ASSOCIATION BANK TIME OFF" and the payroll exception form will be signed by the supervisor and the President of the Police Officers' Association or his representative. The communique will have the exact time and date that was used for the Association business, the location where the business was conducted. 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. 00-03 POA MOU Final 27 5/16101 10:38 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. 00-03 POA MOU Final 28 5/16/01 10:38 AM POA MOU EXHIBIT C — RETIREE MEDICAL SUBSIDY 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: 1. 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 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. 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 applied toward the City medical plan as supplemental 00-03 POA MOU Final 99 5/16/01 10:38 AM POA MOU 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. A. Minimum Eligibility for Benefts — 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. Subsidy — Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. 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 10/1/92 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 00-03 POA MOU Final 30 5116/01 10:38 AM POA MOU 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. D. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not. receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's 65th birthday. 00-03 POA MOU Final 31 5/16/01 10:38 AM POA MOU 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. 00-03 POA MOU Final 32 5/16/01 10:38 AM POA MOU EXHIBIT D EMPLOYEE HEALTH PLAN DOCUMENT A copy of the Employee Health Plan Document may be obtained from the Risk Management Division 00-03 POA MOU Final 33 5/16/01 10:38 AM POA MOU EXHIBIT E DELTA CARE PLAN BROCHURE A copy of the Delta Care Plan Brochure may be obtained from the Payroll and Benefits Division 00-03 POA MOU Final 34 5/16/01 10:38 AM POA MOU EXHIBIT F DELTA DENTAL PLAN BROCHURE A copy of the Delta Dental Plan Brochure may be obtained from the Payroll and Benefits Division 00-03 POA MOU Final 35 5/16/01 10:38 AM POA MOU EXHIBIT G VISION CARE PLAN BROCHURE A copy of the Vision Care Plan Brochure may be obtained from the Payroll and Benefits Division 00-03 POA MOU Final 36 5/16/01 10:38 AM POA MOU EXHIBIT H PERSONNEL RULE CHANGES A. Rule 5 — Order of Certification - Whenever certification is to be made, the eligibility lists, if active and not exhausted shall be used in the following order: 1) Re-employment list 2) Promotional list 3) Employment list If fewer than five (5) names of persons willing to accept appointment are on -the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until five (5) names.are certified. If there are fewer than five (5) names on such lists, there shall be certified the number thereon. In such case, the appointing authority may demand certification of five (5) names and examinations shall be conducted until five (5) names may be certified. In the event the appointing authority does not choose to appoint from the five (5) names certified, a new examination may be requested (except Police Sergeant). In the event another examination is conducted, those names shall be merged with others already on the list in order of scores. B. Rule 5-14, Promotional Examinations - Promotional examinations may be conducted whenever, in the opinion of the Human Resources Officer, 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. C. 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 Human Resources Officer 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. D. Rule 7 — Discipline a) 7-2 Causes for Discipline 00-03 POA MOU Final 37 5/16/01 10:38 AM POA MOU 12) Possession, use or sale of illegal narcotics or habit-forming drugs, while on -duty or on City property. 14) Conviction of any felony or a misdemeanor with a job nexus. A plea or verdict of guilt, or a conviction following a plea of nolo contendere, is deemed to be a conviction within the meaning of this section. 15) Participating in an unlawful strike, work stoppage, slowdown, or using or attempting to use sick leave to accomplish the same purpose as a strike, work stoppage, or slowdown. E. Rule 8 —Termination a) 8-1 Medical Examination. Evaluation of Employee's Work Capacity. Demotion, Transfer or Termination of Appointment — At any time a department head has reasonable cause to believe that an employee may not be able to perform the duties of his/her position for physical or psychological reasons, such department head shall consult with the Human Resources Officer regarding such belief. If the Human Resources Officer concurs, the department head may order the employee to submit to a medical or psychological examination. The employee shall be offered the opportunity, in writing, to select from a panel of three (3) to five (5) physicians or psychologists to conduct the examination. The cost of such examination shall be paid by the City and, to the extent practicable, shall be scheduled during the work hours with no loss of pay. The examiner and the employee shall be advised of the basis for the Department Head's belief that the employee is unable to perform the duties of his/her job.. The examination shall be restricted to the specific issue, which gave rise to the request for an examination. The report of the examiner shall be limited to a conclusion that the employee is either able or unable to perform the duties of his/her job. The department head shall review the medical or psychological report and shall consult with the Human Resources Officer regarding the physician's assessment of the employee's ability to perform the duties of his/her position. Any decision regarding such employee shall be made in accordance with the Americans with Disabilities Act. Notwithstanding any other provision of this rule, an employee being evaluated for medical or psychological fitness to perform the duties of his/her position may apply for another position in the competitive service for which he/she is qualified. If such employee is qualified and can perform the duties of a equal or lower paying vacant position for which he/she has applied, he/she will be placed in such position, without competitive examination, subject to the approval of the department head. (The City and Association agree to meet biannually to discuss the 8-1 process.) 00-03 POA MOU Final 38 5/16/01 10:38 AM POA MOU F 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. - G Rule 8-11, Re -Employment - With the approval of the Human Resources Officer, an employee who has resigned in good standing from the competitive service may be re-employed to his/her former position, if vacant, or to a vacant position in the same or a comparable class within one (1) year from date of resignation in accordance with Rule 5-21. If such re-employment commences within ninety days of the effective date of resignation, the employee shall not be considered a new employee for vacation and seniority purposes. H. Rule 12 — Classification Plan a) 12-10 — Temporary Employees — Employment on a basis other than permanent or probationary to a permanently budgeted position not to exceed 1,000 hours in any twelve (12) month period. Employees occupying temporary positions shall not be included in the competitive service and shall not be subject to these rules and regulations. I. Rule 14 — Additional Pay and Pay Adjustments 14-6 — Salary Advancements to Meet Recruitinq Problems or to Give Credit for Prior Service. Application for Other Advancement — The Department Head, through the Human Resources Officer and with the approval of the City Administrator may make an appointment at any step above the minimum salary rate to classes or positions in order to meet recruiting problems to obtain a person who has extraordinary qualifications, or to give credit for prior city service in connection with appointments, promotions, reinstatements, transfers, reclassifications, or demotions. Salary adjustments within the salary range for the class, other than merit salary adjustments authorized by Section 14-1, may be approved by the City Administrator, upon recommendation of the department head through the Human Resources Officer. . Such recommendation shall include the reason(s) for the adjustment, whether the advancement is to be permanent or temporary, and an effective date. 00-03 POA MOU Final 39 5/16/01 10:38 AM POA MOU b) 18-16 — Industrial Accident Leave — In the event a permanent employee, who is a miscellaneous member of the Public Employees' Retirement System (PERS), is temporarily totally disabled as a result of an injury or illness arising out of and in the course of employment and covered by the State of California Workers' Compensation Insurance and safety Act, resulting light duty assignments due to the injury or illness or absences from work shall be considered Industrial Accident Leave as that term is defined by this rule. A permanent employee eligible for Industrial Accident Leave shall receive compensation from the City in an amount equal to the employee's regular rate of salary during such period of temporary total disability. Benefits received under this rule shall be in lieu of statutory Workers' Compensation benefits. Industrial Accident Leave shall continue during all absences resulting from the injury or illness, including those absences. attributable to doctor's appointments, therapy, or other follow-up medical visits, but in no case exceeding one year of accumulated absences attributable to the same injury or illness. In the event an employee is temporarily, totally disabled by coinciding qualifying injuries or illnesses, periods of absences shall be applied concurrently to all qualifying injuries or illnesses. Industrial Accident Leave compensation shall begin on the first day an eligible employee is absent due to a qualifying injury or illness as defined above. Industrial Accident Leave compensation will terminate on the earliest of the following: 1) The date upon which the injury or illness giving rise to eligibility for compensation under this rule is declared permanent and stationary by a treating or examining physician; or 2) The date PERS approves an application for disability retirement benefits filed by the employee or by the City; or 3) The employee receives thirty (30) days advance notice and refuses to submit to a medical examination ordered by PERS pursuant to Government Section 21154 or otherwise refuses to cooperate with PERS in determining whether the employee is incapacitated for the performance of duty; or 4) The employee receiving Industrial Accident Leave compensation applies for service -connected retirement benefits; or 5) The employment of the affected employee is otherwise separated. If an injured worker remains temporarily disabled after receiving one year of Industrial Accident Leave for accumulated absences or light duty work attributable to the same injury or illness, the employee will receive temporary 00-03 POA MOU Final 40 5/16/01 10:38 AM POA MOU total disability benefits as specified by the State of California Workers' Compensation Insurance and Safety Act. Any period of time during which an employee is absent from work by reason of injury or illness for which he or she is entitled to receive Industrial Accident Leave compensation will not constitute a break in continuous service for the purposes of salary adjustments, sick leave, vacation accruals, and length of service computation. In the event an employee who is receiving or has received Industrial Accident Leave compensation makes a claim or initiates legal action against a third party for allegedly causing or contributing to the injury or illness resulting in the inability to work, the employee is .required to notify in writing the City's Risk Management Division of the claim or commencement of such action within ten (10) days of the claim or such commencement. The City retains its rights of subrogation in all such instances. J 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 Human Resources Officer. K Rule 19-5, Step 4, City Administrator - If the grievance is not settled under Step 3, the grievance maybe 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 Human Resources Officer 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 Human Resources Officer, 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 Human Resources Officer. Within five (5) days after receipt of the Human Resources Officer'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 Human Resources Officer. 00-03 POA MOU Final 41 5/16/01 10:38 AM POA MOU L. Rule 19-5(b), Hearing - As soon as practicable thereafter, the Human Resources Officer 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. K. Rule 20 —Disciplinary Procedure and Appeal a) 20-1 — Purpose — The purpose of this rule is to provide a procedure for recommending and imposing discipline against City employees, and a means by which employees may administratively appeal any such disciplinary action. b) 20-2 — Disciplinary Procedures: 1) Notice of Proposed Adverse Action — For demotions, suspensions or dismissals, an employee shall be served a written Notice of Proposed Adverse Action by the employee's department head, or his/her designee, or by certified mail, prior to the proposed disciplinary action taking effect. The notice shall state the reasons for and charges upon which the proposed action is based, and the effective date of the action the right to respond and the employer's right to representation. A copy of all materials upon which the proposed action is based shall be attached to the notice. 2) Employee's Right to Respond — The employee shall be given a minimum of ten (10) calendar days to respond orally and/or in writing to the charges upon which the proposed action is based. The employee's response shall be made to and/or before his/her department head. 3) Time Off — The employee shall be given reasonable time off with pay to attend disciplinary meetings. 4) Final Notice of Decision — After an employee has responded to or waived his/her right to respond to the proposed adverse action, the employee shall be served with a final Notice of Decision from his/her department head. The final written Notice of Decision shall state whether or not the proposed action shall be taken or modified, and the reasons therefore and effective date of the action. c) 20-3 — Appeal to Personnel Commission —Disciplinary action involving the termination, suspension, demotion or other reduction in pay may be appealed to 00-03 POA MOU Final 42 5/16/01 10:38 AM POA MOU the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: 1) Request for Appeal — Within five (5) days after the employee's receipt of a final Notice of Discipline, a written request for an appeal to the Personnel Commission shall be submitted to the Human Resources Officer. 2) Hearin — As soon as practicable thereafter, the Human Resources Officer shall set the matter for hearing before a hearing officer. The hearing officer shall hear the case without the Commission and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the Commission. r 3) Final Decision — The Commission shall consider the written report and recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further appeal. d) 20-4 — Supplemental Hearing by Personnel Commission 1) The Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter of private hearing for the purpose of receiving additional evidence or argument. In the event the Commission sets a private hearing for such purposes, the Human Resources Officer shall give written notice to all parties concerned in such matter. 2) The Commission, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Commission, shall make findings, conclusions and decisions which shall be final and binding on all parties and from which there shall be no further appeal. e) 20-5 — Employee Status on Pending Appeal — Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay), the disciplinary action shall be effective pending an appeal to the Personnel Commission. M. Rule 21-7, Grievance Procedures - General a) 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. b) 21-12 Time. Extension of — The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. 00-03 POA MOU Final 43 5116/01 10:38 AM POA MOU N. 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. 00-03 POA MOU Final 44 5/16101 10:38 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 ofActuaries';- 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; 00-03 POA MOU Final -45- 5/14/01 11:35 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. 00-03 POA MOU Final 46 5/16/01 10:38 AM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY This Mandatory/Random Controlled Substance and Alcohol Testing policy affirms the department's commitment and responsibility to provide a safe, healthful and productive work environment for all employees and to ensure that public services are provided in a safe, efficient and effective manner. We also recognize that it is each employee's responsibility to perform their services for the public as safely, effectively and efficiently as possible, and to maintain a healthy work environment, free of any adverse effects caused by controlled substances and/or alcohol. The Mandatory/Random Controlled Substance and Alcohol Testing policy will take effect on the date the 2000 Huntington Beach police Officer's Association Memorandum of Understanding is ratified. 2/1075.00 MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING A. GENERAL 1. No police department employee shall use or possess any controlled substance, as defined in this policy, unless prescribed for the employee by a medical doctor. 2. No police department employee shall report to duty under the influence of alcohol or with an odor of alcohol on his or her breath. 3. Sworn police officers of all ranks are subject to mandatory random chemical analysis of their urine to detect the presence of controlled substances and breath testing to detect the presence of alcohol. 4. "Probable cause": Any employee may be required to submit to a chemical or breath test upon probable cause or reasonable suspicion as it relates to this policy. A reasonable suspicion is based on objective facts and a reasonable inference drawn from those facts that an employee is under the influence of a controlled substance(s) and/or alcohol. Such objective facts may include but not be, limited to characteristics of the employee's appearance, behavior, mannerisms, speech, or body odors. It may also be based on actual observations of the ingestion of alcohol or use of any controlled substance by an employee, or based upon reliable information that an employee is using or has recently used or possessed a controlled substance. 00-03 POA MOU Final 47 5/16/01 10:38 AM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 5. Failure to comply with the provisions of this policy will result in appropriate disciplinary action up to and including termination. 6. The provisions of the policy do not preclude employees who are not subject to mandatory or random testing from submitting to testing on a voluntary basis. B. DEFINITIONS 1. Mandatory Controlled Substance Test - Means the compulsory production and submission of urine by an employee, in accordance with departmental procedures, for chemical analysis to detect the presence or absence of controlled substances. 2. Mandatory Breath Alcohol Test — Means the compulsory production and submission of breath by an employee, in accordance to departmental procedures, for analysis to detect the presence or absence of alcohol. 3. Random Test - A scientifically valid computerized method of selecting randomly who will be tested during a specific period. Each member of the pool has an equal chance of being selected during any testing period. 4. Initial Screening Test - Means the first test for the presence of the controlled substances being screened. A licensed Substance Abuse Mental Health Services Administration laboratory conducts this test. 5. Confirmatory Test - Means the second test to confirm the presence or absence of those controlled substances being tested. 6. Controlled Substance - Means any drug, narcotic or immediate precursor, which is specified or referenced in any provision of the California Uniform Controlled Substance Act (Division 10 of the California Health and Safety Code) which may subject an individual to criminal penalties. 7. Legal Drug - Means any "over-the-counter" drug or "prescription" drug which has been legally obtained and is being used in the manner, combination and quantity for which it was manufactured, prescribed, or intended. 00-03 POA MOU Final 48 5/16/01 10:38 AM -WO7ttu159117 EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 8. On Duty - Means the span of time between the time the employee reports for his or her work shift through the time the employee ends duty for the same shift and also while on overtime. 9. Prescription Drug - Means any drug prescribed for the individual by a . licensed medical practitioner. 10. Medical Review Officer - The Medical Review Officer (MRO) shall be a licensed physician who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with his or her medical history and any other relevant biomedical information. The MRO will consult with the Administrative Support Bureau Lieutenant in the event that a professional standards investigation is instituted as a result of a positive confirmatory test. 11. Administrative Support Bureau Lieutenant - Shall mean the Administrative Support Bureau Lieutenant or his/her designee. 12. SAMHSA - Is the Substance Abuse Mental Health Services Administration. 13. AMC - Is Addiction Medicine Consultants, P.O. Box 8878, Redlands, CA 92375. C. CONFIDENTIALITY OF TESTING Employees subject to controlled substance testing will be assigned a test identification number by AMC. The actual collection process shall be as discreet as possible and shall respect the dignity of the employee. The Administrative Support Bureau Lieutenant will be notified by AMC of the results of the tests. D. ADMINISTRATION AMC or other authorized substance abuse consulting company will conduct the controlled substance and alcohol testing procedures. 00-03 POA MOU Final 49 5/16/01 10:38 AM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY E. FREQUENCY OF TESTING Employees will be assigned confidential numbers, which will be placed into a computerized pool from which the number of employees to be tested will be selected each month. All sworn personnel will be assigned confidential numbers which will be placed into a computerized pool, maintained by the testing company, from which the number of employees to be tested will be selected each month. Once each month the testing company computer will randomly select that number of employees which represents 1/12th of 25% of the sworn employees represented by the H.B.P.O.A. The actual number of employees selected by this formula shall be rounded upward only upon a decimal point which exceeds .6. The names of the selected employees shall immediately be forwarded to the Administrative Support Bureau Commander. Those employees who are on duty who have been selected in accordance with the above procedure shall be tested on that day. Those employees who are not on duty on the day selected shall be tested on the first day following their return to work. There will be no minimum or maximum number of times an employee may be tested in a year. Any employee temporarily reassigned to another shift (i.e., due to injury/illness) in excess of 40 hours will be included in the specific test period consistent with the employee's work hours. F. NOTIFICATION ATA will provide the Administrative Support Bureau Lieutenant with the randomly selected employees. Administrative Support Bureau Lieutenant will summon them for testing during their normal duty hours. All available employees will be tested. The numbers assigned to the unavailable employees will be returned to the pool of confidential numbers for the next random selection and testing. There will be a pre -test interview with the employee to explain the Drug Disclosure Statement before beginning the collection process. The employee will complete the statement, which elicits information about recent use of prescription medications and accidental exposure to controlled substances. The disclosure statement will be sealed in an envelope by the employee and given to the Administrative Support Bureau Lieutenant. The disclosure statement will not be reviewed by anyone unless the confirmatory test shows positive. If the test is negative, the employee may request the Administrative Support Bureau Lieutenant to destroy (shred) the statement or return it to him or her. 00-03 POA MOU Final 50 5/16/01 9:18AM POA MOU G. URINE COLLECTION After completion of the disclosure statement, the employee will be directed to the designated test site. The employee will have up to two (2) hours to produce a urine sample of at least 60 milliliters (2.0 fluid ounces), the amount considered sufficient for laboratory analysis. The employee may drink fluid to aid in urination. The following steps will be taken in the collection process: 1. The employee will randomly select a urine collection kit. 2. The employee will be visually checked for any unusual protruding areas about the body and asked to remove large items during the collection process. The employee will also be required to produce a picture ID to verify identification. 3. The employee ,will be escorted to a restroom at the site where a laboratory worker will tape the handle of the faucet and the toilet bowls to deter/detect usage of those plumbing facilities during the collection process. The employee will then be left alone in the restroom to urinate into the collection kit container.. The employee will apply the lid to the container and give it to the laboratory attendant who will apply a digital temperature indicator strip to the side of the container about 3/4" from the bottom. The temperature will appear on the temperature strip within four (4) minutes and will be read by the laboratory attendant. The laboratory attendant will then divide the urine sample into a primary and a split specimen by pouring the sample into two containers. 4. The laboratory attendant will then complete a chain of custody form in the presence of the employee, which will include the following information: a. Employee identification number. b. Reason for the test: i.e., random, pre -employment, probable cause, etc. c. Verification of identification. 00-03 POA MOU Final 51 5/16/01 9:18AM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY d. Tests to be performed; i.e., Opiates, PCP, Cocaine, Amphetamines, Marijuana, Barbiturates, Bensodiazepines, Steroids, or any other controlled substance specified in Division 10 of the California Health and Safety Code. e. Date and time of collection. f. Collector's name and location and telephone number of collection facility. A check mark if the urine is within the specified range. If outside the range, the actual temperature in degrees will be recorded and, if the employee permits, oral temperature will be taken and recorded. 6. The donor will initial and date a numerically unique chain of custody label. 7. The laboratory attendant will place the label on the lid of the urine container. 8. The laboratory attendant will then complete the chain of custody portion of the chain of custody form, remove the top copy and place the urine sample and the top copy of the form into a clear plastic evidence bag and seal it. 9. The employee will then be required to complete the bottom of the chain of custody form marked "Medical Review Officer." That information will include the employee's name, telephone number, date of birth, signature and date. 10. The employee will be asked to initial and date the sealed plastic evidence bag. 11. The remaining chain of custody form copies will be distributed as follows. a. Pink copy to the Medical Review Officer. b. Green copy to the employee/donor. c. Yellow copy to collection laboratory. d. Blue copy to the Administrative Support Bureau Lieutenant. 00-03 POA MOU Final 52 5/16/01 9:18AM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 12. Laboratory personnel will return to AMC with the sealed evidence bag. It will be sent to an airborne courier and transported to a SAMHSA analysis -testing laboratory. 13. The split specimen will remain at the original testing laboratory until a written request by the donor is received by the Medical Review Officer to have the original testing laboratory send the split specimen to another certified laboratory for reanalysis by GC/MS confirmation. H. LABORATORY TEST RESULTS 1. If the initial screening test is negative, no other tests will be performed and the drug test shall be deemed negative. AMC will notify the department of negative test results within 72 hours. 2. The initial screening tests will be for the following substances at the following levels: Substances Initial -Test Levels:: Opiates 2000 ng/ml Phencyclidine (PCP) 25 ng/ml Cocaine 300 ng/ml Amphetamines 1000 ng/ml Marijuana 50 ng/ml Barbiturates 200 ng/ml Bensodiazepines 200 ng/ml Anabolic Steroids 10 ng/ml 3. In the event of a positive result, the second of the two samples collected will be sent to a laboratory of the employee's choice, chosen from an approved list of laboratories. The following testing levels for the second test shall be considered a positive for that substance. 00-03 POA MOU Final 53 5/16/01 9:18AM POA MOU Substances Second Test Levels. Opiates 2000 ng/ml Phencyclidine (PCP) 25 ng/ml Cocaine 150 ng/ml Amphetamines 500 ng/ml Marijuana 15 ng/ml Barbiturates 200 ng/ml Bensodiazepines 100 ng/ml Anabolic Steroids 10 ng/ml 4. If the confirmatory test is positive, the test results along with the Drug Disclosure Statement will be furnished to the Medical Review Officer, who is employed by AMC. After their review, the Medical Review Officer will contact the employee by telephone to discuss the results. If the Medical Review Officer believes there is a legitimate and satisfactory explanation for the positive test results, it will be considered a negative test and no further action will be taken. If the Medical Review Officer does not find a satisfactory explanation, the laboratory test results and the Drug Disclosure Statement will be forwarded to the Administrative Support Bureau Lieutenant who will cause a professional standards investigation to be conducted. 00-03 POA MOU Final 54 5/16/01 9:18AM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY ANY NEGATIVE TEST RESULTS AT ANY STAGE OF TESTING WILL BE DEEMED A NEGATIVE TEST. I. BREATH ALCOHOL TESTING PROCEDURES 1. Initial Testing: a) The Breath Alcohol Technician (BAT) must complete Step 1 on the Breath Alcohol Testing Form. The employee must then complete Step 2 on the form, and sign the certification. Refusal by the employee to sign the certification will be regarded as refusal to take the test. b) After the BAT attaches an individually sealed mouthpiece (opened in view of the employee) to the Evidential Breath Test (EBT) device, the BAT will instruct the employee to blow forcefully into the mouthpiece until the EBT device indicates that adequate breath has been obtained. c) If the EBT device has capability to print the Breath Alcohol Testing Form, the BAT must ensure, before administering the test, that both BAT and employee read the sequential number displayed by the device. Following the test, the BAT must show the employee the result displayed on the EBT device. If the EBT device generates a printed result, but does not print it directly onto the Breath Alcohol Testing Form, the BAT must show the employee the result displayed on the EBT device and affix the result printout to the Breath Alcohol Testing Form in the designated space, using a method that will provide clear evidence of removal (such as tamper -evident tape). If the EBT device lacks printing capabilities, the BAT must show the employee the result displayed on the EBT device, complete Step 3 of the Breath Alcohol Testing Form and make required entries in the logbook. The employee must initial the logbook entry. d) If the screening test reveals a BAC of 0.01or greater, a confirmation test will be performed. 00-03 POA MOU Final 55 5/16/01 9:18AM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 2. Confirmation Testing: a) The employee must be instructed not to eat, drink, put any object or substance into his or her mouth and to the extent possible, not belch during the 15-minute waiting period between the completion of the screening test and the beginning of the confirmation test. b) This test must be performed within 30 minutes of the completion of the screening test. c) If the screening and confirmation test results are not identical, the confirmation result is deemed to be final. d) The BAT must ensure, before administering the test that both BAT and employee read the sequential number displayed by the device. If the EBT device has capability to print the test results directly onto the Breath Alcohol Testing Form, the BAT must show the employee the result displayed on the EBT device. If the EBT device generates a printed result, but does not print it directly onto the Breath Alcohol Testing Form, the BAT must how the employee the result displayed on the EBT device, and affix the test result printout to the Breath Alcohol Testing Form in the designated space using a method that will provide clear evidence of removal. e) In the case of a confirmed positive test, the results must be transmitted immediately to the Administrative Support Bureau Lieutenant. f) If the breath alcohol confirmation test is positive, the BAT will proceed to have a separate urine specimen collected for testing by a certified lab for the presence of ETOH according to the procedures in item #G.1-13. 3. Inability to Provide an Adequate Amount of Breath. a) The BAT must instruct the employee to attempt to provide an adequate amount of breath. If the employee refuses to make an attempt, the BAT will immediately inform the Administrative Support Bureau Lieutenant. 00-03 POA MOU Final 56 5/16/01 9:18AM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY b) If the employee attempts and fails to provide an adequate amount of breath, the BAT will so note in the remark section of the Breath Alcohol Testing Form. The BAT will immediately inform the Administrative Support Bureau Lieutenant who will direct the employee to obtain an evaluation from a licensed physician concerning the employee's medical ability to provide an adequate amount of breath. J. REFUSAL TO PROVIDE URINE AND/ OR BREATH SAMPLES If the employee refuses to submit to random controlled substance testing/breath testing or follow the testing and collection procedures, the Administrative Support Bureau Lieutenant will order the Employee to comply. If the employee refuses to obey the order, the Administrative Support Bureau Lieutenant shall cause a professional standards investigation to be conducted, which may result in disciplinary action, up to and including termination. K. INVESTIGATION AND DISCIPLINE If the confirmatory test results are positive, the Administrative Support Bureau Lieutenant shall cause a professional standards investigation to be conducted. That investigation shall include, among other things, contact with the Medical Review Officer. All reports generated through confirmatory drug testing shall be kept in a separate general drug -testing file maintained by the Administrative Support Bureau Lieutenant. Any reporting done as a result of a professional standards investigation regarding this policy shall be kept on file in the same manner as any other professional standards investigation. The results of a professional standards investigation may result in disciplinary action, up to and including termination. All department rules and regulations regarding possible discipline matters shall apply. 00-03 POA MOU Final 57 5/16/01 9:18AM ATTACHMENT #3 POA MOU TABLE OF CONTENTS PREAMBLE.................................................................................................................................................................................1 ARTICLEI - TERM OF MOU................................................................................................................................................... l ARTICLE II - REPRESENTATIONAL UNIT/CLASS........................................................................................................... I 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. Bilingual Skill................................................................................................................................................................... 6 2. Nurse Employees Certification......................................................................................................................................... 7 H. HOLIDAY PAY........................................................................................................................................................................7 I. FTO COMPENSATION............................................................................................................................................................. 7 J. TUITION REIMBURSEMENT..................................................................................................................................................7 ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT..........................................................................8 A. UNIFORMS..............................................................................................................................................................................8 B. EQUIPMENT/SPECIAL UNIFORM NEEDS.................................................................................................................................. 8 C. MOTORCYCLE BRITCHES....................................................................................................................................................... 8 ARTICLE IX - HOURS OF WORK/OVERTIME...................................................................................................................9 A. SHIFTS DEFINED....................................................................................................................................................................9 B. WORK SCHEDULE.................................................................................................................................................................. 9 C. OVERTIME............................................................................................................................................................................ 9 1. Compensatory Time........................................................................................................................................................ 10 2. Work Time...................................................................................................................................................................... 11 3. Court Standby Time........................................................................................................................................................ 11 4. Holidays Worked............................................................................................................................................................ 11 5. Court Appearance Time................................................................................................................................................. 11 6. Non -Court Standby Time................................................................................................................................................ 11 7. Cancelled Subpoenas ........................ :........................................................................................................................... 11 8. Call Back........................................................................................................................................................................ 11 9. Telephonic Business...................................................................................................................................................... 12 10. Pay 1n Lieu of Compensatory Time........................................................................................................................... 12 N. K-9 Compensation.....................................................................................................................................................12 D. WEEKEND MILITARY DRILLS.............................................................................................................................................. 12 E. FLEX TIME — BEACH DETAIL............................................................................................................................................. 12 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS.....................................................................................12 A. HEALTH ............................................................................................................................................................................... 12 00-03 POA MOU Draft i 5/18101 1:44 PM POA MOU TABLE OF CONTENTS 1. Medical...........................................................................................................................................................................12 2. Dental.............................................................................................................................................................................13 3. Op tic al............................................................................................................................................................................ 13 4. Eligibility Criteria and Cost........................................................................................................................................... 13 a. 2000 Premiums............................................................................................................................................................................. 13 b. 2001 Premiums............................................................................................................................................................................. 14 C. 2002 Premiums............................................................................................................................................................................. 14 d. 2003 Premiums............................................................................................................................................................................. 15 e. Dependent Health Coverage......................................................................................................................................................... 15 6- Mad :...,1 Dl..., !`1..,. mum GFF ..ti.,o L,.,......., 1 1 992 '()()A ................................................................................................................ 15 d- '........................................................................................................................................................................... 16 .................................................................................................................................................................... 16 5. Medical Plan Changes Effective January 1, 2002....................................................................................................... 16 6. One HMO...................................................................................................................................................................... 17 7. Medical Cash-Out.......................................................................................................................................................... 17 8. Section 125 Plan............................................................................................................................................................ 17 B. LIFE INSURANCE.................................................................................................................................................................. 17 C. INCOME PROTECTION PLAN................................................................................................................................................. 17 D. SURVIVORS' BENEFIT LEVEL IV....................................................................................................................................... 18 & .................................................................................................................................................................18 ARTICLEXI - RETIREMENT................................................................................................................................................ 18 A. BENEFITS............................................................................................................................................................................. 18 1. CHP Retirement Plan..................................................................................................................................................... 18 2. 3 % (,a, Age 50 Plan......................................................................................................................................................... 18 3. Self -Funded Supplemental Retirement Benefit............................................................................................................... 19 4. PERS Rollover................................................................................................................................................................ 19 5. 2'% @ Age 55 Plan......................................................................................................................................................... 19 6. Medical Insurance for Retirees...................................................................................................................................... 19 ARTICLE XII - LEAVE BENEFITS.......................................................................................................................................20 A. VACATION...........................................................................................................................................................................20 1. Anniversary Date............................................................................................................................................................ 20 2. Annual Vacation.............................................................................................................................................................20 3. Vacation Allowance........................................................................................................................................................ 21 4. Eligibility and Permission.............................................................................................................................................. 21 S. Vacation - When Taken.................................................................................................................................................. 21 6. Terminal Vacation Pay................................................................................................................................................... 21 7. Receipt of Vacation Pay................................................................................................................................................. 21 8. Conversion to Cash........................................................................................................................................................21 B. HOLIDAYS............................................................................................................................................................................22 C. SICK LEAVE.........................................................................................................................................................................22 D. BEREAVEMENT LEAVE.........................................................................................................................................................22 E. ASSOCIATION BUSINESS......................................................................................................................................................22 ARTICLEXIII - CITY RULES................................................................................................................................................23 ARTICLEXIV - MISCELLANEOUS.....................................................................................................................................23 A. MEAL ALLOWANCE.......................................................................................................................................................:.....23 1. Per Diem........................................................................................................................................................................ 23 2. Per Diem Schedule......................................................................................................................................................... 24 B. MILEAGE ALLOWANCE........................................................................................................................................................24 C. WEAPON VESTING............................................................................................................................................................... 24 D. RANDOM DRUG AND ALCOHOL TESTING..........................................................................................................................24 E. TUITION REIMBURSEMENT— NON SWORN EMPLOYEES..................................................................................................24 00-03 POA MOU Draft ii 5/18/01 1:44 PM POA MOU TABLE OF CONTENTS ARTICLE XV - CITY COUNCIL APPROVAL......................................................................................................................26 EXHIBIT A - POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE...................................................................27 EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME.....................................................31 EXHIBIT C — RETIREE MEDICAL SUBSIDY.....................................................................................................................33 A. MINIMUM ELIGIBIITY FOR BENEFITS...................................................................................................................................34 nlnA Bil IT).......................................................................................................................................................... 34 C. MAXIMUM MONTHLY SUBSIDY PAYMENTS......................................................................................................................... 35 EXHIBIT D - EMPLOYEE HEALTH PLAN.........................................................................................................................41 EXHIBIT E - DELTA CARE (PMI) BROCHURE.................................................................................................................42 EXHIBIT F - DELTA DENTAL BROCHURE.......................................................................................................................43 EXHIBIT G - VISION CARE (VSP) BROCHURE................................................................................................................44 EXHIBIT H - PERSONNEL RULE CHANGES.....................................................................................................................45 A. RULE 5, ORDER OF CERTIFICATION.....................................................................................................................................45 B. RULE 5-14, PROMOTIONAL EXAMINATIONS........................................................................................................................45 C. RULE 5-20, DURATION OF EMPLOYMENT LISTS..................................................................................................................45 D. RULE 7 -- DISCIPLINE..........................................................................................................................................................46 E. RULE 8 -- TERMINATION......................................................................................................................................................46 F. RULE 8-3 LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE..........................................................................................48 G. RULE 8-11, RE-EMPLOYMENT.............................................................................................................................................48 J. RULE 18-19, MATERNITY LEAVE........................................................................................................................................51 K. RULE 19-5, STEP 4, CITY ADMINISTRATOR......................................................................................................................... 51 L. RULE 19-5(B), HEARING......................................................................................................................................................51 M. RULE 21-7, GRIEVANCE PROCEDURES - GENERAL..............................................................................................................55 " D o i, r 4 N. RULE 21-12, TIME, EXTENSION OF..........................................................................................................6.6.........................55 EXHIBIT I - INCOME PROTECTION PLAN....................................................................................................................... 56 EXHIBIT J—MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY ........58 00-03 POA MOU Draft iii 5/18101 1:44 PM 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, , 2000 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, 2000, and ending at midnight on September 30, 2003. 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. 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 classification titles as outlined in Exhibit A attached hereto and incorporated herein. B. The CITY and the ASSOCIATION have agreed to a procedure whereby the CITY, by and through the Human Resources Officer, would be entitled to propose a Unit Modification. The ASSOCIATION and the CITY agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (#3335) upon the CITY's having completed its obligation to meet and 00-03 POA MOU Draft -1- 5/14/01 11:46 AM POA MOU 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 Human Resources Officer Motion of Unit Modification - The Human Resources Officer 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 Human Resources Officer shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer'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 Human Resources Officer 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 Human Resources Officer'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. 00-03 POA MOU Draft 2 5/18/01 1:44 PM POA MOU 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 that 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 his or her PERS contribution. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. 00-03 POA MOU Draft 3 5/18/01 1:44 PM POA MOU C. Each sworn employee covered by this agreement shall be reimbursed an amount equal to 9% of the employees part of his or her 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 Years of College Monthly Monthly Incentive POST College Maximum HBPD Units Amount Amount Level Certificate Units Training Service Required 10/1/00 01/01/01Annually to Units Points 12/31/00 1 Intermediate 30 20+ 10 1 6 $ 100.00 $ 115.00 II Intermediate 60 40+ 20 1 3 $ 150.00 $ 170.00 III Advanced 90 60+ 30 2 3 $ 200.00 $330.00 IV Advanced 120 0 3 3 $ 300.00 $330.00 V Advanced 150 120+ 30 3 0 $ 300.00 $330.00 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. 00-03 POA MOU Draft 4 5/18101 1:44 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. 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 $37=0 500 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 $460 800 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. 00-03 POA MOU Draft 5 5/18/01 1:44 PM POA MOU 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 this assignment, which includes compensation for off duty motorcycle maintenance and hazardous duty pay. 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. 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. 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. 00-03 POA MOU Draft 6 5/18101 1:44 PM POA MOU b. Authorization of qualified employees for bilingual compensation will be based on the following: 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. c. Motor officers designated to act as training officers. d. Communication Officers designated as Training Officers J. Tuition Reimbursement - Education costs shall be paid to non-sworm permanent employees on the basis of full refund for tuition fees, books and supplies -provided, however, that maximum reimbursement shall be at the rates currently in effect in the University of California system. 00-03 POA MOU Draft 7 5/18/01 1:44 PM POA MOU Upon approval of the Department Head and the Director of Administrative Services, permanment employees may be compensated for actual cost of tuition, books, fees, at accredited educational institutions that charge higher rates than the University of California, if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and Human Resources Officer. Refunds shall be made when the employee presents proof to the Director of Administrative Services that he/she has paid such costs and successfully completed the course. 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 $7=G@ 1,200 per year; payable in January to those employees on active duty on January 1". Employees hired after January 1" shall have their uniform allowance pro -rated for each month in which they were on active duty for a least one full shift, separately from payroll checks. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The CITY will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police. B. Equipment/Special Uniform Needs - SWAT uniforms and equipment shall continue to be provided by the CITY. C. Motorcycle Britches - Motorcycle officers shall receive four pairs of britches at the time of assignment. After initial issue, replacement britches may be issued on the recommendation of the Traffic Bureau Commander with approval of the Department Head. All replaced britches must be turned in when replacement britches are received. 00-03 POA MOU Draft 8 5/18/01 1:44 PM POA MOU 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. � Work Schedule 1. The Ten Plan 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. 3. 7-11.5 Plan — The "7-11.5" work schedule will be implemented for designated employees of the Patrol Bureau only and shall consist on a 14-day 7(K) FLSA work week. a) 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. b) 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. c) 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. d) 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. 4. 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. J 00-03 POA MOU Draft 9 5/18101 1:44 PM POA MOU C. Other Time: 1. Compensatory Time - 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 4�0 140 hours. 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. 00-03 POA MOU Draft 10 5/18/01 1:44 PM POA MOU 2. Work Time - For the purpose of computing the 40 hour week, the following shall be included in determining the eligibility for time and one half overtime pay. a.. Sick leave. b. Vacation time taken during the workweek. c. Compensatory time off taken during the workweek. d. Any other paid leave time taken during the workweek. 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 three 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 workweek. 7. Cancelled Subpoenas- Employee shall receive two (2) hours of straight pay for subpoenas cancelled with less than 24 hours notice. 8. 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, upon arrival at the department or the incident scene until released. Should the called back employee be cancelled prior to arrival, the two-hour minimum shall be paid. 00-03 POA MOU Draft 11 5/18/01 1:44 PM POA MOU 9. Telephonic Business - Off -duty employees shall be compensated a minimum of fifteen (15) minutes at the rate of time and one-half their regular hourly rate when telephoned at home to conduct departmental business. Telephonic departmental business beyond fifteen (15) minutes shall be compensated at time and one-half the employee's hourly rate in fifteen (15) minute increments (i.e., 16-30 minutes = 30 minutes of compensation, 31-45 minutes = 45 minutes compensation and so forth.) 10. Pay In Lieu of Compensatory Time - In the months of December and April of each year, employees may, at their option, be paid for their compensatory time. 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 hn-du employee's regular rate in of pay in effect at the time the request is made. 11. K-9 Compensation - Employees assigned to K-9 duty to receive fifteen (15) hours of compensatory time per month for time spent off -duty for care, feeding and grooming of the canine. Employees shall submit overtime slips for off -duty veterinary visits and extraordinary care. 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. E. Flex Time — Beach Detail - Employees assigned to the Beach Detail may be assigned a fixed flex schedule that incorporated two 8-hour days and two 12- hour days in a workweek. 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. 00-03 POA MOU Draft 12 5/18/01 1:44 PM POA MOU 2. Dental - Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the CITY as modified in Exhibit E and F. The Dental Plan will include a $25 deductible per person per year. 3. Optical - Optical Plan benefits will provide for one (1) pair of eyeglasses every twelve (12) months, subject to the terms and conditions of the current policy. 4. Eligibility Criteria and Cost: - - - R A; R r�� � n E. n�.•�`T+ ^�' n** C�ADI /IVCC Ct+ADI (�VCC ��ADI (IVCC 42 64MA VIII I" >a, e. .. ,. ..'!a,�`a, ... .: `;., �,�,� Yo-�'. ,.;;�,. ," �.•y , 'a.;,.r - a. 2000/2001 Premiums — The City shall contribute toward the cost of the 2000 premium for medical, dental and vision as outlined below: 00-03 POA MOU Draft 13 5/18101 1:44 PM POA MOU 1) 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: W" '-ft, I ""Vw-, ffl,V­ CIFTY" -"AHwI E"A'L, �II"DELTA-OM DELTA"" " P A)p' ,A--,-Mo'ATRHXLY ' PR9M6MS__1 , NET' DENT -A, j, - SAFGb) , WS k Vision EMPLOYEE ONLY $283.28 $165.06 $165.06 $36.99 $22.12 $16.20 $17.58 EMPLOYEE +ONE 560.18 $361.66 $361.66 $70.65 $37.61 $29.16 $17.58 EMPLOYEE + FAMILY 685.86 $476.68 $476.68 $100.37 $57.51 $37.22 $17.58 2) Employee Paid Premiums - Employees hired prior to adoption date November 2, 1998, the City shall pay medical, dental and vision premiums subject to 4a above and 4b below. 3) Two -Tier Health Premium - Employees hired on or after the November 2, 1998 of this agreement, the City's contribution toward medical insurance shall be at the highest HMO rate of (1) employee only, (2) employee + one, or (3) employee + family. This provision "Two -Tier" shall expire the first of the month following adoption of this agreement. b. 2001 Premiums - Effective the first of the month following adoption of this agreement, the City "caps" its contributions toward employee monthly health insurance premiums by category and plan at the rate in effect January 1, 2001 for the year ending December 31, 2001 as set forth below: MONTH ._PTY, EAI 'iH DELTA, LT t"", mnl 17 PREMIUMS*RE','NETr, LAN, D E NTA L EARED VItAFEOUARD"- EMPLOYEE ONLY $261.01 $183.54 $170.01 $36.99 $22.12 $16.20 $17.58 EMPLOYEE +ONE $516.14 $402.54 $372.51 $70.65 $37.61 $29.16 $17.58 EMPLOYEE + FAMILY $631.94 $528.28 $490.98 $100.37 $57.51 $37.22 $17.58 c. 2002 Premiums - The City "caps" its contributions toward employee monthly health insurance premiums by category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect January 1, 2002 for the year ending December 31, 2002. 00-03 POA MOU Draft 14 5/18/01 1:44 PM POA MOU d. 2003 Premiums — The City "caps" its contributions toward employee monthly health insurance premiums by category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect December 31, 2002 for the year beginning January 1, 2003. If projected premium increases for any medical plan exceed ten percent (10%) for 2003, the City will meet and confer at Association's option on cost containments and plan costs prior to August 1, 2002. e. Dependent Health Coverage - The CITY will assume payment for dependent health insurance, subject to paragraph 46 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. ._r-mmW"121 "I 70�1— ------------- MI-S. -ate e — ----- ----- - - - - - - - - - - - - - - - - -----=----=---- -� HOW 3"PINNOMP.MV.—L - --M& - - - -- - - =--- ----'' ' ----------------= ---------- -- - - -=--- -- - --- - 00-03 POA MOU Draft 15 5/18/01 1:44 PM POA MOU ' a- MA A ■_ M. M11.11FEREMMA ppip "Twr �� We" atments; or n Q f) 5. Medical Plan Changes Effective January 1, 2002: (No later than July 1, 2001 the POA shall select two of the changes to the cost containment provisions contained in sub -section a, b or c to be included in the City Health Plan. If the POA fails to select two of these provisions by July 1, 2001 the change to section c shall be deleted and the changes to sub -sections a and b shall be implemented. Sub -section c shall remain at the prior contract levels.) a. Plan Deductibles — Deductible increase from $150 to $250 per individual and $450 to $500 per family. b. Out of Network — Non PPO co -payment reduced from seventy percent (70%) to sixty percent (60%). c. Out of Pocket — Increased from $1,000 to $2,000 per individual and $2,000 to $4,000 per family. d. Preventive Medical Care — Part IX of the Employee Health Plan Document shall be revised to read as follows: Benefits will be provided up to $200 per person every year for preventive medical care. Such care shall include such usual preventive medical options as an every year physical exam for adults, yearly PAP tests for females, flu shots, chest x-rays, EKG and other diagnostic lab tests if certified by the physician that such procedures are included under a routine physical examination and is not in connection with the diagnosis or treatment of any illness, disease or accidental bodily injury. All well baby exams for an infant for the first year of life will be allowed and is not subject to the $200 maximum benefit. All immunizations for infantsladults will be provided and coverage is not limited to the $200 maximum benefit. 00-03 POA MOU Draft 16 5/18/01 1:44 PM POA MOU 6. One HMO — Beginning with the 2002 plan year, there shall be one HMO (HealthNet). 7. Medical Cash -Out — If an employee is covered by a medical program outside of a City -provided program (evidence of which must be supplied to Administrative Services Department, Payroll and Benefits Division), they may elect to discontinue City medical coverage and receive two hundred dollars ($200) per month to deposit into their Deferred Compensation account or any other pre-tax program offered by the City. The medical cost -out shall be effective the first of the month following the adoption of this agreement. 8. Section 125 Plan — Effective January 1, 2001, employees may begin utilizing this plan, which allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. 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 ASSOCIATION shall remain in effect for all 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 Disability Due to Illness First 60 Days Regular Pay Regular Pay Next 24 Months 66 2/3% of Base Pay Same To Age 65 66 2/3% of Base Pay None 2. Days and months refer to calendar days and months. Benefits under the Plan are integrated with Workers' Compensation, Social Security and other non - private program benefits to which the employee may be entitled. Disability is defined as the inability to perform all of the duties of regular occupation during two years and thereafter the inability to engage in any employment or 00-03 POA MOU Draft 17 5/18/01 1:44 PM POA MOU 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. 1959 Survivors' Benefit Level IV - The CITY will notify the California Public Employees' Retirement System (PERS) within thirty (30) days after the adoption of this agreement, to initiate the contract amendment process. ARTICLE XI - RETIREMENT A. Benefits: 1. CHP Retirement Plan - The CITY will provide, for all safety personnel represented by the death occurs after retirement benefits formula commonly Retirement Plan. ASSOCIATION whose retirement is effective or whose July 1, 1978, Public Employees' Retirement System computed by utilizing the two percent at age fifty (50) referred to as the California Highway Patrol (CHP) 2. 3% Age 50 Plan - The CITY will notify PERS within thirty (30) days after adoption of this agreement to initiate the contract amendment process to provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association contract amendment process within ten (10) business days of COUNCIL approval with the intent of providing the benefit by June 30, 2001, subject to PERS approval. At the present time, based upon actuarial studies conducted by PERS, the City is not required to make any retirement contributions with respect to employees represented by the Association. If at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant 00-03 POA MOU Draft 18 5/18/01 1:44 PM POA MOU to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable." The amount of the reimbursement set forth in Article VI.0 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. 3. 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 prior to July 6, 1998, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the CITY's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the CITY. All unit employees hired after the adoption of this MOU shall not be eligible for this benefit. (Note: The options provide that the allowance is payable to the member until his/her death, and then either the entire allowance, Option 2, or one-half of the allowance, Option 3) is paid to the beneficiary for life.) 4. PERS Rollover - Each employee, eligible for service retirement, may have his/her PERS pickup and vacation accrual reported as compensation for all or any part of the twelve (12) month period prior to his/her service retirement date upon written request to the Director of Finance. Such modified reporting shall be limited to a maximum period of twenty-four (24) months preceding retirement. Requests for retroactivity, if permitted by PERS, will be decided on an individual basis and shall require the approval of the Human Resources Officer. No unit employee shall be allowed to apply for or continue this benefit (PERS pick-up and vacation accrual) beyond January 31, 1994. 5. 2% C- Age 55 Plan -- Non -safety unit employees shall receive the 2% at age 55 PERS retirement plan option. 6. 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: 00-03 POA MOU Draft 19 5118101 1:44 PM 1207_1 ky, [oil] 1) With no change in benefits, retirees can stay in the CITY's Employee Health Plan or an HMO Plan offered by the CITY at the retiree's own expense for the maximum time period required by Federal Law (COBRA), or 2) Employees retiring after approval of this MOU may participate in the Retiree Medical Plan described in Exhibit C. 3) Sworn personnel who have been placed on industrial disability retirement subsequent to January 31, 1974, shall be 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. 00-03 POA MOU Draft 20 5118/01 1:44 PM POA MOU 3. Vacation Allowance - Permanent employees in the City's service, having an average work week of forty (40) hours, shall accrue annual vacation with pay in accordance with the following: a. For the first through the fourth year of continuous service, vacation time will be accrued at the rate of 112 hours per year. b. After the fifth year and through the ninth year of continuous service, vacation time will be 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. It is the intent of the parties that employees will take vacation during the current year. 00-03 POA MOU Draft 21 5/18/01 1:44 PM POA MOU B. Holidays - The following are the recognized legal holidays under this MOU: 1. New Year's Day (January 1) 2. Martin Luther King's Birthday (third Monday in January) 3. President's Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 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 an employee holiday by the City Council of the City of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. C. Sick Leave: 1. All sworn personnel and non -sworn personnel represented by the ASSOCIATION shall have a maximum of 60 calendar days sick leave per incident or illness. This leave shall not accumulate beyond the one year maximum and there shall be no pay off rights to unused leave upon termination of the employee from the City. 2. Sick leave may be used for an absence due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absence shall be limited to five days per calendar year. D. Bereavement Leave - Employees shall be entitled to bereavement leave not to exceed three working days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, sr 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. 00-03 POA MOU Draft 22 5/18/01 1:44 PM POA MOU ARTICLE XIII - CITY RULES The CITY and the ASSOCIATION agree to implement the rule changes and accordingly revise the Personnel Rules as described in Exhibit H. ARTICLE XIV - MISCELLANEOUS A. Meal Allowance: Per Diem - Employees shall be entitled to per diem under the following circumstances: -- - - IN1. -- a. Personnel a=re with prior knowledge and approval of their supervisor, and on work assignments, or attending meetings or training Meeting 0 in excess of a 25-mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal work hours or require lodging. ss� �- s - - - ffi=e 00-03 POA MOU Draft 23 5/18/01 1:44 PM POA MOU Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule. c. Meal expenses other than listed in "a" or "b" may be considered for reimbursement (receipt required) at the discretion of the Division Commander. d. Receipts are not required, M d thin gz4g; limit and the expenses nrin u6th thin nhn other than as noted above. 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 up to the rate reimbursable by POST. 2. All other mileage not reimbursable by POST shall be compensated at the fate ^ ''2 pmcira. �''�'". existing IRS reimbursable rate. 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. o D. Random Drug and Alcohol Testing -- Sworn unit employees shall be subject to random drug and alcohol testing in accordaince with Exhibit J. E. Tuition Reimbursement — Non Sworn Employees — Educational costs shall be paid to permanent employees on the basis of full refund for tuituion, fees, books and supplies; provided that the maximum reimbursement shall be at the rates currently in effect in the University of California System. Upon approval of the Department Head, and the Director of Administrative Services, permanent employees may be compensated for actual costs of tuition plus books, fees, at accredited educational instutitions that charge higher rates than the University of California System if it can be demonstrated by the 00-03 POA MOU Draft 24 5118/01 1:44 PM POA MOU employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and the Human Resources Officer. Refunds shall be made when the employee presents proof to the Director of Administrative Services that he/she has paid such costs and successfully completed the course. 00-03 POA MOU Draft 25 5/18/01 1:44 PM 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 Q2 2001. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION By: By: Ray Silver Russell Reinhart City Administrator POA President By: By: Ronald E. Lowenberg Kreg Muller Chief of Police POA Vice President By: By: William H. Osness Jeff Huss Human Resources Officer POA Secretary By: By: James Cutshaw Dennis Hashin Police Captain POA Treasurer By: By: Daniel Cassidy Mark Reid Chief Negotiator POA Negotiator APPROVED AS TO FORM By: Gail Hutton City Attorney 00-03 POA MOU Draft 26 5118/01 1:44 PM POA MOU EXHIBIT A CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE EFFECTIVE JANUARY 1, 2001 .. ..- ClassificationRan.- 4334 Police Recruit 405 $2,567 $2,707 $2,856 $3,014 $3,180 $14.81 $15.62 $16.48 $17.39 $18.35 4332 Police Officer 478 $4,099 $4,324 $4,562 $4,813 $5,078 $23.65 $24.95 $26.32 $27.17 $29.30 4333 Police Officer Sr. 490 $4,350 $4,589 $4,842 $5,109 $5,390 $25.10 $26.48 $27.94 $29.48 $31.10 6370 Comm. Operator 434 $3,293 $3,473 $3,664 $3,865 $4,078 $19.00 $20.04 $21.14 $22.30 $23.53 6372 Comm. Supervisor 461 $3,766 $3,972 $4,191 $4,421 $4,664 $21.73 $22.92 $24.18 $25.51 $26.91 4325 Detention Officer 433 $3,274 $3,454 $3,645 $3,846 $4,057 $18.89 $19.93 $21.03 $22.19 $23.41 4324 Detention Officer Nurse 443 $3,444 $3,633 $3,832 $4,043 $4,265 $19.87 $20.96 $22.11 $23.33 $24.61 4326 Detention Officer Senior 449 $3,546 $3,742 $3,948 $4,165 $4,394 $20.46 $21.59 $22.78 $24.03 $25.35 EFFECTIVE OCTOBER 1, 2001 .. Code,.- 4334 Police Recruit 411 $2,934 $3,095 $3,265 $3,445 $3,634 $16.93 $17.86 $18.84 $19.88 $20.97 4332 Police Officer 484 $4,227 $4,459, $4,704 $4,962 $5,234 $24.39 $25.73 $27.14 $28.63 $30.20 4333 Police Officer Sr. 496 $4,487 $4,733 $4,993 $5,267 $5,557 $25.89 $27.31 $28.81 $30.39 $32.06 6370 Comm. Operator 440 $3,392 $3,579 $3,776 $3,984 $4,203 $19.57 $20.65 $21.79 $22.99 $24.25 6372 Comm. Supervisor 467 $3,880 $4,094 $4,319 $4,556 $4,808 $22.39 $23.62 $24.92 $26.29 $27.74 4325 Detention Officer 439 $3,376 $3,562 $3,757 $3,964 $4,182 $19.48 $20.55 $21.68 $22.87 $24.13 4324 Detention Officer Nurse 449 $3,546 $3,742 $3,948 $4,165 $4,394 $20.46 $21.59 $22.78 $24.03 $25.35 4326 Detention Officer Senior 455 $3,657 $3,858 $4,069 $4,293 $4,529 $21.10 $22.26 $23.48 $24.77 $26.13 00-03 POA MOU Draft -27- 5/14/01 11:46 AM POA MOU EFFECTIVE APRIL 1, 2002 .. ..- Ran.- 4334 Police Recruit 415 $2,993 $3,158 $3,331 $3,515 $3,709 $17.27 $18.22 $19.22 $20.28 $21.40 4332 Police Officer 488 $4,309 $4,546 $4,796 $5,059 $5,338 $24.86 $26.23 $27.67 $29.19 $30.80 4333 Police Officer Sr. 500 $4,576 $4,827 $5,093 $5,373 $5,668 $26.40 $27.85 $29.38 $31.00 $32.70 6370 Comm. Operator 444 $3,459 $3,650 $3,851 $4,062 $4,286 $19.96 $21.06 $22.22 $23.44 $24.73 6372 Comm. Supervisor 471 $3,957 $4,175 $4,406 $4,648 $4,905 $22.83 $24.09 $25.42 $26.82 $28.30 4325 Detention Officer 443 $3,444 $3,633 $3,832 $4,043 $4,265 $19.87 $20.96 $22.11 $23.33 $24.61 4324 Detention Officer Nurse 453 $3,619 $3,818 $4,028 $4,250 $4,484 $20.88 $22.03 $23.24 $24.52 $25.87 4326 Detention Officer Senior 459 $3,728 $3,932 $4,149 $4,378 $4,619 $21.51 $22.69 $23.94 $25.26 $26.65 EFFECTIVE OCTOBER 1, 2002 .. RangeCode' Classification 4334 Police Recruit 419 $3,055 $3,224 $3,400 $3,588 $3,785 $17.63 $18.60 $19.62 $20.70 $21.84 4332 Police Officer 492 $4,395 $4,638 $4,893 $5,161 $5,445 $25.36 $26.76 $28.23 $29.78 $31.42 4333 Police Officer Sr. 504 $4,667 $4,924 $5,194 $5,480 $5,782 $26.93 $28.41 $29.97 $31.62 $33.36 6370 Comm. Operator 448 $3,529 $3,723 $3,927 $4,144 $4,371 $20.36 $21.48 $22.66 $23.91 $25.22 6372 Comm. Supervisor 475 $4,038 $4,260 $4,494 $4,742 $5,002 $23.30 $24.58 $25.93 $27.36 $28.86 4325 Detention Officer 447 $3,510 $3,702 $3,906 $4,121 $4,348 $20.25 $21.36 $22.54 $23.78 $25.09 4324 Detention Officer Nurse 457 $3,692 $3,894 $4,109 $4,335 $4,574 $21.30 $22.47 $23.71 $25.01 $26.39 4326 Detention Officer Senior 463 $3,802 $4,012 $4,232 $4,465 $4,711 $21.94 $23.15 $24.42 $25.76 $27.18 00-03 POA MOU Draft 28 5118/01 1:44 PM POA MOU EFFECTIVE APRIL 1, 2003 .. ..- .- 4334 Police Recruit 425 $3,149 $3,322 $3,504 $3,697 $3,900 $18.17 $19.17 $20.22 $21.33 $22.50 4332 Police Officer 498 $4,529 $4,778 $5,042 $5,319 $5,612 $26.13 $27.57 $29.09 $30.69 $32.38 4333 Police Officer Sr. 510 $4,810 $5,075 $5,354 $5,648 $5,959 $27.75 $29.28 $30.89 $32.59 $34.38 6370 Comm. Operator 454 $3,638 $3,837 $4,049 $4,270 $4,506 $20.99 $22.14 $23.36 $24.64 $26.00 6372 Comm. Supervisor 481 $4,163 $4,392 $4,633 $4,888 $5,156 $24.02 $25.34 $26.73 $28.20 $29.75 4325 Detention Officer 453 $3,619 $3,818 $4,028 $4,250 $4,484 $20.88 $22.03 $23.24 $24.52 $25.87 4324 Detention Officer Nurse 463 $3,802 $4,012 $4,232 $4,465 $4,711 $21.94 $23.15 $24.42 $25.76 $27.18 4326 Detention Officer Senior 469 $3,922 $4,137 $4,364 $4,603 $4,856 $22.63 $23.87 $25.18 $26.56 $28.02 00-03 POA MOU Draft 29 5/18/01 1:44 PM I v d Cl) 0 �l E2 O A A II II d III II. III 9 it t ■ I• sir ,ir ,jr 4t 4� I'. I I sir n .I I ,I ,I li• � li. � d �I i,• , I I d �li. d li• iiI• d .yam � lil• II• lil ii. Ii�• d• .III I I I I i lip• � Ii lil Iil Ii• it � i,• Ii• I I I I '� d d I Ii• ,� • I li• I d it Ii,. lil �i II• i III d• i ,i• I III I III• IIU III tl. III• ,i. it III ,i I 1 � d• Iil• lil ' Ii. �� ' it � ,I lip• �i. o Ii d � d• ' POA MOU EXHIBIT B GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME A. Any substantial' time used for the Huntington Beach Police Officers' Association business while the member is using that time, is on a working status and this time will be deducted from the Association Bank, as per the Memorandum of Understanding. B. Any Association member desiring to use Association time, while they are on duty, shall obtain permission for their immediate supervisor, then from the President of the Association. An Association member shall, on all but emergency situations, give adequate advance notice to his/her supervisor when requesting time off for Association business. If the employee's absence is less than one hour, use of Association bank time is not required. If the employee is away from work in excess of one hour, an Association book -time slip for all time away from work is required. In the event that the President of the Association is not available to grant permission, the Vice -President will then have the responsibility to make the appropriate decision. If the Association member's immediate supervisor will not grant the person who is requesting time off for Association business, then the President shall be immediately notified by the member. If the business is of such a nature that it must be conducted by that particular Association member, then the President will take the matter to the Division level and every effort will be made to resolve the issue. C. Any member using Association time, while on duty, will submit an Association Bank Time Form and an overtime request form to the President. The member must write on top of the overtime form "ASSOCIATION BANK TIME OFF" and the payroll exception form will be signed by the supervisor and the President of the Police Officers' Association or his representative. The communique will have the exact time and date that was used for the Association business, the location where the business was conducted. ' 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. 00-03 POA MOU Draft 31 5/18/01 1:44 PM 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. 00-03 POA MOU Draft 32 5/18/01 1:44 PM POA MOU EXHIBIT C — RETIREE MEDICAL SUBSIDY 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: 1. 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 2. At the time of retirement, the employee is employed by the City, and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. 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 applied toward the City medical plan as supplemental 00-03 POA MOU Draft 33 5/18101 1:44 PM POA MOU 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. A. Minimum Eligibility for Benefts - 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. Subsidy Limit ;cnh;r+„ Ratorinine Indcficnhffi1OW rtkreoc w0th Ignize thnn finn Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. 00-03 POA MOU Draft 34 5/18101 1:44 PM POA MOU C. Maximum Monthly Subsidy Payments - All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (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 10/1/92 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 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. 00-03 POA MOU Draft 35 5118/01 1:44 PM POA MOU Mod, atghbm nor fnmNu ,A '- for ratormasy €m9 _-9 M POA MOU - =-- -= --- - -- �- = -- - - - - - - -=-- -- - ---- = - -- - POA MOU 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 00-03 POA MOU Draft 38 5/18/01 1:44 PM POA MOU eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's 65th birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. 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 00-03 POA MOU Draft 39 5/18101 1:44 PM POA MOU 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. 00-03 POA MOU Draft 40 5/18/01 1:44 PM POA MOU EXHIBIT D EMPLOYEE HEALTH PLAN DOCUMENT A copy of the Employee Health Plan Document may be obtained from the Risk Management Division 00-03 POA MOU Draft 41 5/18/01 1:44 PM POA MOU EXHIBIT E DELTA CARE PLAN BROCHURE A copy of the Delta Care Plan Brochure may be obtained from the Payroll and Benefits Division 00-03 POA MOU Draft 42 5/18/01 1:44 PM POA MOU EXHIBIT F DELTA DENTAL PLAN BROCHURE A copy of the Delta Dental Plan Brochure may be obtained from the Payroll and Benefits Division 00-03 POA MOU Draft 43 5/18/01 1:44 PM POA MOU EXHIBIT G VISION CARE PLAN BROCHURE A copy of the Vision Care Plan Brochure may be obtained from the Payroll and Benefits Division 00-03 POA MOU Draft 44 5/18/01 1:44 PM POA MOU EXHIBIT H PERSONNEL RULE CHANGES A. Rule 5 — Order of Certification - Whenever certification is to be made, the eligibility lists, if active and not exhausted shall be used in the following order: 1) Re-employment list 2) Promotional list 3) Employment list If fewer than five (5) names of persons willing to accept appointment are on the list from which certification is to be made, then additional. eligibles shall be certified from the various lists next lower in order of preference until five (5) names are certified. If there are fewer than five (5) names on such lists, there shall be certified the number thereon. In such case, the appointing authority may demand certification of five (5) names and examinations shall be conducted until five (5) names may be certified. In the event the appointing authority does not choose to appoint from the five (5) names certified, a new examination may be requested (except Police Sergeant). In the event another examination is conducted, those names shall be merged with others already on the list in order of scores. B. Rule 5-14, Promotional Examinations - Promotional examinations may be conducted whenever, in the opinion of the Human Resources Officer, 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. C. 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 Human Resources Officer 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. 00-03 POA MOU Draft 45 5/18/01 1:44 PM POA MOU D. Rule 7 —Discipline a) 7-2 Causes for Discipline 12) , Possession, use or sale of illegal narcotics or habit-forming drugs, while on -duty or on City property. 14) s� Conviction of any felony or a misdemeanor with a job nexus. A plea or verdict of guilt, or a conviction following a plea of nolo contendere, is deemed to be a conviction within the meaning of this section. 15) Participating in an unlawful strike, work stoppage, slowdown, or using or attempting to use sick leave to accomplish the same purpose as a strike, work stoppage, or slowdown. E. Rule 8 — Termination _ _ • _ _ MOMIM _ _ 1 _ _ OWN _ _ _ _ 11 WMIN _ -------------- Run POA MOU - - - PM I a) 8-1 Medical Examination. Evaluation of Employee's Work Capacity. Demotion, Transfer or Termination of Appointment — At any time a department head has reasonable cause to believe that an employee may not be able to perform the duties of his/her position for physical or psychological reasons, such department head shall consult with the Human Resources Officer regarding such belief. If the Human Resources Officer concurs, the department head may order the employee to submit to a medical or psychological examination. The employee shall be offered the opportunity, in writing, to select from a panel of three (3) to five (5) physicians or psychologists to conduct the examination. The cost of such examination shall be paid by the City and, to the extent practicable, shall be scheduled during the work hours with no loss of pay. The examiner and the employee shall be advised of the basis for the Department Head's belief that the employee is unable to perform the duties of his/her job. The examination shall be restricted to the specific issue, which gave rise to the request for an examination. The report of the examiner shall be limited to a conclusion that the employee is either able or unable to perform the duties of his/her job. The department head shall review the medical or psychological report and shall consult with the Human Resources Officer regarding the physician's assessment of the employee's ability to perform the duties of his/her position. Any decision regarding such employee shall be made in accordance with the Americans with Disabilities Act. Notwithstanding any other provision of this rule, an employee being evaluated for medical or psychological fitness to perform the duties of his/her position may apply for another position in the competitive service for which he/she is qualified. If such employee is qualified and can perform the duties of a equal or lower paying vacant position for which he/she has applied, he/she will be placed in such position, without competitive examination, subject to the approval of the department head. 00-03 POA MOU Draft 47 5/18/01 1:44 PM POA MOU (The City and .Association agree to meet biannually to discuss the 8-1 process.) F 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. G Rule 8-11, Re -Employment - With the approval of the Human Resources Officer, an employee who has resigned in good standing from the competitive service may be re-employed to his/her former position, if vacant, or to a vacant position in the same or a comparable class within one (1) year from date of resignation in accordance with Rule 5-21. If such re-employment commences within ninety days of the effective date of resignation, the employee shall not be considered a new employee for vacation and seniority purposes. H. Rule 12 — Classification Plan a) 12-10 — Temporary Employees — Employment on a basis other than permanent or probationary to a permanently budgeted position not to exceed 1,000 hours in any twelve (12) month period. Employees occupying temporary positions shall not be included in the competitive service and shall not be subject to these rules and regulations. I. Rule 14 — Additional Pav and Pav Adiustments a4 14-6 — Salary Advancements to Meet Recruiting Problems or to Give Credit for Prior Service. Application for Other Advancement — The Department Head, through the Human Resources Officer and with the approval of the City Administrator may make an appointment at any step above the minimum salary rate to classes or positions in order to meet recruiting problems to obtain a person who has extraordinary qualifications, tn or to give credit for prior city service in connection with appointments, promotions, reinstatements, transfers, reclassifications, or demotions. O Salary adjustments within the salary 00-03 POA MOU Draft 48 5/18/01 1:44 PM POA MOU range for the class, other than merit salary adjustments authorized by Section 14-1, may be approved by the City Administrator, upon recommendation of pli 1i =by the department head through the Human Resources Officer. Such recommendation shall include the reason(s) for the adjustment, whether the advancement is to be permanent or temporary, and an effective date. Imp ---------------MW- - - - - --=- - • -- - -------= - - - - - - - --- ---- - - - --M-T -- ....-- - - - - _ . -------------=------------------- - - - - - - - b) 18-16 — Industrial Accident Leave — In the event a permanent employee, who is a miscellaneous member of the Public Employees' Retirement System (PERS), is temporarily totally disabled as a result of an injury or illness arising out of and in the course of employment and covered by the State of California Workers' Compensation Insurance and safety Act, resulting light duty assignments due to the injury or illness or absences from work shall be considered Industrial Accident Leave as that term is defined by this rule. A permanent employee eligible for Industrial Accident Leave shall receive compensation from the City in an amount equal to the employee's regular rate of salary during such period of temporary total disability. Benefits received under this rule shall be in lieu of statutory Workers' Compensation benefits. Industrial Accident Leave shall continue during all absences resulting from the injury or illness, including those absences attributable to doctor's appointments, therapy, or other follow-up medical visits, but in no case exceeding one 00-03 POA MOU Draft 49 5/18/01 1:44 PM POA MOU year of accumulated absences attributable to the same injury or illness. In the event an employee is temporarily, totally disabled by coinciding qualifying injuries or illnesses, periods of absences shall be applied concurrently to all qualifying injuries or illnesses. Industrial Accident Leave compensation shall begin on the first day an eligible employee is absent due to a qualifying injury or illness as defined above. Industrial Accident Leave compensation will terminate on the earliest of the following: 1) The date upon which the injury or illness giving rise to eligibility for compensation under this rule is declared permanent and stationary by a treating or examining physician; or 2) The date PERS approves an application for disability retirement benefits filed by the employee or by the City; or 3) The employee receives thirty (30) days advance notice and refuses to submit to a medical examination ordered by PERS pursuant to Government Section 21154 or otherwise refuses to cooperate with PERS in determining whether the employee is incapacitated for the performance of duty; or 4) The employee receiving Industrial Accident Leave compensation applies for service -connected retirement benefits; or 5) The employment of the affected employee is otherwise separated. If an injured worker remains temporarily disabled after receiving one year of Industrial Accident Leave for accumulated absences or light duty work attributable to the same injury or illness, the employee will receive temporary total disability benefits as specified by the State of California Workers' Compensation Insurance and Safety Act. Any period of time during which an employee is absent from work by reason of injury or illness for which he or she is entitled to receive Industrial Accident Leave compensation will not constitute a break in continuous service for the purposes of salary adjustments, sick leave, vacation accruals, and length of service computation. . In the event an employee who is receiving or has received Industrial Accident Leave compensation makes a claim or initiates legal action against a third party for allegedly causing or contributing to the injury or illness resulting in the inability to work, the employee is required to notify in writing the City's Risk Management Division of the claim or commencement of such action within ten (10) days of the claim or such 00-03 POA MOU Draft 50 5/18/01 1:44 PM POA MOU commencement. The City retains its rights of subrogation in all such instances. J 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 Human Resources Officer. K 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 Human Resources Officer 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 Human Resources Officer, 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 Human Resources Officer. Within five (5) days after receipt of the Human Resources Officer'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 Human Resources Officer. L. Rule 19-5(b), Hearing - As soon as practicable thereafter, the Human Resources Officer 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. K. Rule 20 — Disciplinary Ma#es Procedure and Appeal 00-03 POA MOU Draft 51 5/18101 1:44 PM POA MOU a) 20-1 — Purpose — The purpose of this rule is to provide a procedure for recommending and imposing discipline against City employees, and a means by which employeesarising out of rlisaiplipapy=matter may administratively appeal any such disciplinary action. a Nal lwcz I:tm --------------- 1010 . . . . ..... .. .... . I- • - - - - - - - -- - - •- -- ---- - -- - - 00-03 POA MOU Draft 52 5/18/01 1:44 PM POA MOU VII--- - - S MZ! - --- OUR b) 20-2 — Disciplinary Procedures: 1) Notice of Proposed Adverse Action — For demotions, suspensions or dismissals, an employee shall be served a written Notice of Proposed Adverse Action by the employee's department head, or his/her designee, or by certified mail, prior to the proposed disciplinary action taking effect. The notice shall state the reasons for and charges upon which the proposed action is based, and the effective date of the action the right to respond and the employer's right to representation. A copy of all materials upon which the proposed action is based shall be attached to the notice. 2) Employee's Right to Respond — The employee shall be given a minimum of ten (10) calendar days to respond orally and/or in writing to the charges upon which the proposed action is based. The employee's response shall be made to and/or before his/her department head. 3) Time Off — The employee shall be given reasonable time off with pay to attend disciplinary meetings. 4) Final Notice of Decision — After an employee has responded to or waived his/her right to respond to the proposed adverse action, the employee shall be served with a final Notice of Decision from his/her department head. The final written Notice of Decision shall state whether or not the proposed action shall be taken or modified, and the reasons therefore and effective date of the action. c) 20-63 — Appeal to Personnel Boxd Commission — Disciplinary action involving the termination, suspension, demotion or other reduction in pay may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: 00-03 POA MOU Draft 53 5/18/01 1:44 PM POA MOU 1) Request for Appeal — Within five (5) days after the tiffle employee's receipt of a final Notice of Discipline, a written request for an appeal to the Personnel Commission shall be submitted to the Human Resources Officer. 2) Hearing — As soon as practicable thereafter, the Human Resources Officer shall set the matter for hearing before a hearing officer. The hearing officer shall hear the case without the Commission and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the Commission. 3) Final Decision — The Commission shall consider the written report and recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further appeal. d) 20-64 — Supplemental Hearing by Personnel Boaf4 Commission 1) The Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter of private hearing for the purpose of receiving additional evidence or argument. In the event the Commission sets a private hearing for such purposes, the Human Resources Officer shall give written notice to all parties concerned in such matter. 2) The Reard Commission, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Commission, shall make findings, conclusions and decisions which shall be final and binding on all parties and from which there shall be no further appeal. =i�-- _ ._ . . . . _ . . _ _ 1 . 00-03 POA MOU Draft 54 5/18/01 1:44 PM POA MOU e) 20-95 — Employee Status on Pending Appeal Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay), the disciplinary action shall be effective pending wr an appeal to the Personnel Commission. M. Rule 21-7, Grievance Procedures - General a) 21-7 Hearinq 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. b) 21-12 Time. Extension of — The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. N. 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. 00-03 POA MOU Draft 55 5/18/01 1:44 PM POA MOU 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';- 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; 00-03 POA MOU Draft -56- 5/14/01 11:46 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. 00-03 POA MOU Draft 57 5/18/01 1:44 PM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY This Mandatory/Random Controlled Substance and Alcohol Testing policy affirms the department's commitment and responsibility to provide a safe, healthful and productive work environment for all employees and to ensure that public services are provided in a safe, efficient and effective manner. We also recognize that it is each employee's responsibility to perform their services for the public as safely, effectively and efficiently as possible, and to maintain a healthy work environment, free of any adverse effects caused by controlled substances and/or alcohol. The Mandatory/Random Controlled Substance and Alcohol Testing policy will take effect on the date the 2000 Huntington Beach police Officer's Association Memorandum of Understanding is ratified. 2/1075.00 MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING A. GENERAL 1. No police department employee shall use or possess any controlled substance, as defined in this policy, unless prescribed for the employee by a medical doctor. 2. No police department employee shall report to duty under the influence of alcohol or with an odor of alcohol on his or her breath. 3. Sworn police officers of all ranks are subject to mandatory random chemical analysis of their urine to detect the presence of controlled substances and breath testing to detect the presence of alcohol. 4. "Probable cause": Any employee may be required to submit to a chemical or breath test upon probable cause or reasonable suspicion as it relates to this policy. A reasonable suspicion is based on objective facts and a reasonable inference drawn from those facts that an employee is under the influence of a controlled substance(s) and/or alcohol. Such objective facts may include but not be limited to characteristics of the employee's appearance, behavior, mannerisms, speech, or body odors. It may also be based on actual observations of the ingestion of alcohol or use of any controlled substance by an employee, or based upon reliable information that an employee is using or has recently used or possessed a controlled substance. 00-03 POA MOU Draft 58 5/18/01 1:44 PM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 5. Failure to comply with the provisions of this policy will result in appropriate disciplinary action up to and including termination. 6. The provisions of the policy do not preclude employees who are not subject to mandatory or random testing from submitting to testing on a voluntary basis. B. DEFINITIONS 1. Mandatory Controlled Substance Test - Means the compulsory production and submission of urine by an employee, in accordance with departmental procedures, for chemical analysis to detect the presence or absence of controlled substances. 2. Mandatory Breath Alcohol Test — Means the compulsory production and submission of breath by an employee, in accordance to departmental procedures, for analysis to detect the presence or absence of alcohol. 3. Random Test - A scientifically valid computerized method of selecting randomly who will be tested during a specific period. Each member of the pool has an equal chance of being selected during any testing period. 4. Initial Screening Test - Means the first test for the presence of the controlled substances being screened. A licensed Substance Abuse Mental Health Services Administration laboratory conducts this test. 5. Confirmatory Test - Means the second test to confirm the presence or absence of those controlled substances being tested. 6. Controlled Substance - Means any drug, narcotic or immediate precursor, which is specified or referenced in any provision of the California Uniform Controlled Substance Act (Division 10 of the California Health and Safety Code) which may subject an individual to criminal penalties. 7. Legal Drug - Means any "over-the-counter" drug or "prescription" drug which has been legally obtained and is being used in the manner, combination and quantity for which it was manufactured, prescribed, or intended. 00-03 POA MOU Draft 59 5118101 1:44 PM POA MOU WAIM11:31110J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 8. On Duty - Means the span of time between the time the employee reports for his or her work shift through the time the employee ends duty for the same shift and also while on overtime. 9. Prescription Drug - Means any drug prescribed for the individual by a licensed medical practitioner. 10. Medical Review Officer - The Medical Review Officer (MRO) shall be a licensed physician who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with his or her medical history and any other relevant biomedical information. The MRO will consult with the Administrative Support Bureau Lieutenant in the event that a professional standards investigation is instituted as a result of a positive confirmatory test. 11. Administrative Support Bureau Lieutenant - Shall mean the Administrative Support Bureau Lieutenant or his/her designee. 12. SAMHSA - Is the Substance Abuse Mental Health Services Administration. 13. AMC - Is Addiction Medicine Consultants, P.O. Box 8878, Redlands, CA 92375. C. CONFIDENTIALITY OF TESTING Employees subject to controlled substance testing will be assigned a test identification number by AMC. The actual collection process shall be as discreet as possible and shall respect the dignity of the employee. The Administrative Support Bureau Lieutenant will be notified by AMC of the results of the tests. D. ADMINISTRATION AMC or other authorized substance abuse consulting company will conduct the controlled substance and alcohol testing procedures. 00-03 POA MOU Draft 60 5/18/01 1:44 PM • AIT GIf LW3711.1110, MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY E. FREQUENCY OF TESTING Employees will be assigned confidential numbers, which will be placed into a computerized pool from which the number of employees to be tested will be selected each month. There will be four specific test periods: Period 1-0605 to 1730 hours, Period 2- 0730 to 1730 hours, Period 3-1200 to 2200; 1400 to 2400; 1905 to 0630, and Period 4-1505 to 0230; 1635 to 0400 hours. The computer will randomly select which period will be tested and which day of the week testing will occur. All sworn personnel will be assigned confidential numbers which will be placed into a computerized pool, maintained by the testing company, from which the number of employees to be tested will be selected each month. Once each month the testing company computer will randomly select that number of employees which represents 1/12t" of 25% of the sworn employees represented by the H.B.P.O.A. The actual number of employees selected by this formula shall be rounded upward only upon a decimal point which exceeds .6. The names of the selected employees shall immediately be forwarded to the Administrative Support Bureau Commander. Those employees who are on duty who have been selected in accordance with the above procedure shall be tested on that day. Those employees who are not on duty on the .day selected shall be tested on the first day following their return to work. There will be no minimum or maximum number of times an employee may be tested in a year. . Any employee temporarily reassigned to another shift (i.e., due to injury/illness) in excess of 40 hours will be included in the specific test period consistent with the employee's work hours. F. NOTIFICATION AMC will provide the Administrative Support Bureau Lieutenant with the 35 randomly selected numbers. They will identify the employees and summon them for testing during their normal duty hours. All available employees will be tested. 00-03 POA MOU Draft 61 5/18/01 1:44 PM POA MOU The numbers assigned to the unavailable employees will be returned to the pool of confidential numbers for the next random selection and testing. There will be a -pre-test interview with the employee to explain the Drug Disclosure Statement before beginning the collection process. The employee will complete the statement, which elicits information about recent use of prescription medications and accidental exposure to controlled substances. The disclosure statement will be sealed in an envelope by the employee and given to the Administrative Support Bureau Lieutenant. The disclosure statement will not be reviewed by anyone unless the confirmatory test shows positive. If the test is negative, the employee may request the Administrative Support Bureau Lieutenant to destroy (shred) the statement or return it to him or her. 00-03 POA MOU Draft 62 5/18/01 1:44 PM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY G. URINE COLLECTION After completion of the disclosure statement, the employee will be directed to the designated test site. The employee will have up to two (2) hours to produce a urine sample of at least 60 milliliters (2.0 fluid ounces), the amount considered sufficient for laboratory analysis. The employee may drink fluid to aid in urination. The following steps will be taken in the collection process: 1. The employee will randomly select a urine collection kit. 2. The employee will be visually checked for any unusual protruding areas about the body and asked to remove large items during the collection process. The employee will also be required to produce a picture ID to verify identification. 3. The employee will be escorted to a restroom at the site where a laboratory worker will tape the handle of the faucet and the toilet bowls to deter/detect usage of those plumbing facilities during the collection process. The employee will then be left alone in the restroom to urinate into the collection kit container. The employee will apply the lid to the container and give it to the laboratory attendant who will apply a digital temperature indicator strip to the side of the container about 3/4" from the bottom. The temperature will appear on the temperature strip within four (4) minutes and will be read by the laboratory attendant. The laboratory attendant will then divide the urine sample into a primary and a split specimen by pouring the sample into two containers. 4. The laboratory attendant will then complete a chain of custody form in the presence of the employee, which will include the following information: a. Employee identification number. b. Reason for the test: i.e., random, cause, etc. c. Verification of identification. pre -employment, probable 00-03 POA MOU Draft 63 5/18/01 1:44 PM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY d. Tests to be performed; 'i.e., Opiates, PCP, Cocaine, Amphetamines, Marijuana, Barbiturates, Bensodiazepines, Steroids, or any other controlled substance specified in Division 10 of the California Health and Safety Code. e. Date and time of collection. f. Collector's name and location and telephone number of collection facility. A check mark if the urine is within the specified range. If outside the range, the actual temperature in degrees will be recorded and, if the employee permits, oral temperature will be taken and recorded. 6. The donor will initial and date a numerically unique chain of custody label. 7. The laboratory attendant will place the label on the lid of the urine container. 8. The laboratory attendant will then complete the chain of custody portion of the chain of custody form, remove the top copy and place the urine sample and the top copy of the form into a clear plastic evidence bag and seal it. 9. The employee will then be required to complete the bottom of the chain of custody form marked "Medical Review Officer." That information will include the employee's name, telephone number, date of birth, signature and date. 10. The employee will be asked to initial and date the sealed plastic evidence bag. 11. The remaining chain of custody form copies will be distributed as follows. a. Pink copy to the Medical Review Officer. b. Green copy to the employee/donor. C. Yellow copy to collection laboratory. d. Blue copy to the Administrative Support Bureau Lieutenant. 00-03 POA MOU Draft 64 5/18/01 1:44 PM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 12. Laboratory personnel will return to AMC with the sealed evidence bag. It will be sent to an airborne courier and transported to a SAMHSA analysis -testing laboratory. 13. The split specimen will remain at the original testing laboratory until a written request by the donor is received by the Medical Review Officer to have the original testing laboratory send the split specimen to another certified laboratory for reanalysis by GC/MS confirmation. H. LABORATORY TEST RESULTS 1. If the initial screening test is negative, no other tests will be performed and the drug test shall be deemed negative. AMC will notify the department of negative test results within 72 hours. 2. The initial screening tests will be for the following substances at the following levels: _thSubstanees:. „ litial>Test�Levels.: n Opiates 2000 ng/ml Phencyclidine (PCP) 25 ng/ml Cocaine 300 ng/ml Amphetamines 1000 ng/ml Marijuana 50 ng/ml Barbiturates 200 ng/ml Bensodiazepines 200 ng/ml Anabolic Steroids 10 ng/ml 3. In the event of a positive result, the second of the two samples collected will be sent to a laboratory of the employee's choice, chosen from an approved list of laboratories. The following testing levels for the second test shall be considered a positive for that substance. 00-03 POA MOU Draft 65 5/18/01 1:44 PM POA MOU -Substances f Y,.l-,�iiyait e �..3 Secorid Test Lev41§§ :f Opiates 2000 ng/ml Phencyclidine (PCP) 25 ng/ml Cocaine 150 ng/ml Amphetamines 500 ng/ml Marijuana 15 ng/ml Barbiturates 200 ng/ml Bensodiazepines 100 ng/ml Anabolic Steroids 10 ng/ml 4. If the confirmatory test is positive, the test results along with the Drug Disclosure Statement will be furnished to the Medical Review Officer, who is employed by AMC. After their review, the Medical Review Officer will contact the employee by telephone to discuss the results. If the Medical Review Officer believes there is a legitimate and satisfactory explanation for the positive test results, it will be considered a negative test and no further action will be taken. If the Medical Review Officer does not find a satisfactory explanation, the laboratory test results and the Drug Disclosure Statement will be forwarded to the Administrative Support Bureau Lieutenant who will cause a professional standards investigation to be conducted. 00-03 POA MOU Draft 66 5/18/01 1:44 PM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY ANY NEGATIVE TEST RESULTS AT ANY STAGE OF TESTING WILL BE DEEMED A NEGATIVE TEST. I. BREATH ALCOHOL TESTING PROCEDURES 1. Initial Testing: a) The Breath Alcohol Technician (BAT) must complete Step 1 on the Breath Alcohol Testing Form. The employee must then complete Step 2 on the form, and sign the certification. Refusal by the employee to sign the certification will be regarded as refusal to take the test. b) After the BAT attaches an individually sealed mouthpiece (opened in view of the employee) to the Evidential Breath Test (EBT) device, the BAT will instruct the employee to blow forcefully into the mouthpiece until the EBT device indicates that adequate breath has been obtained. c) If the EBT device has capability to print the Breath Alcohol Testing Form, the BAT must ensure, before administering the test, that both BAT and employee read the sequential number displayed by the device. Following the test, the BAT must show the employee the result displayed on the EBT device. If the EBT device generates a printed result, but does not print it directly onto the Breath Alcohol Testing Form, the BAT must show the employee the result displayed on the EBT device and affix the result printout to the Breath Alcohol Testing Form in the designated space, using a method that will provide clear evidence of removal (such as tamper -evident tape). If the EBT device lacks printing capabilities, the BAT must show the employee the result displayed on the EBT device, complete Step 3 of the Breath Alcohol Testing Form and make required entries in the logbook. The employee must initial the logbook entry. d) If the screening test reveals a BAC of 0.01 or greater, a confirmation test will be performed. 00-03 POA MOU Draft 67 5/18101 1:44 PM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY 2. Confirmation Testing: a) The employee must be instructed not to eat, drink, put any object or substance into his or her mouth and to the extent possible, not belch during the 15-minute waiting period between the completion of the screening test and the beginning of the confirmation test. b) This test must be performed within 30 minutes of the completion of the screening test. c) If the screening and confirmation test results are not identical, the confirmation result is deemed to be final. d) The BAT must ensure, before administering the test that both BAT and employee read the sequential number displayed by the device. If the EBT device has capability to print the test results directly onto the Breath Alcohol Testing Form, the BAT must show the employee the result displayed on the EBT device. If the EBT device generates a printed result, but does not print it directly onto the Breath Alcohol Testing Form, the BAT must how the employee the result displayed on the EBT device, and affix the test result printout to the Breath Alcohol Testing Form in the designated space using a method that will provide clear evidence of removal. e) In the case of a confirmed positive test, the results must be transmitted immediately to the Administrative Support Bureau Lieutenant. f) If the breath alcohol confirmation test is positive, the BAT will proceed to have a separate urine specimen collected for testing by a certified lab for the presence of ETOH according to the procedures in item #G.1-13. 3. Inability to Provide an Adequate Amount of Breath. a) The BAT must instruct the employee to attempt to provide an adequate amount of breath. If the employee refuses to make an attempt, the BAT will immediately inform the Administrative Support Bureau Lieutenant. 00-03 POA MOU Draft 68 5/18/01 1:44 PM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY b) If the employee attempts and fails to provide an adequate amount of breath, the BAT will so note in the remark section of the Breath Alcohol Testing Form. The BAT will immediately inform the Administrative Support Bureau Lieutenant who will direct the employee to obtain an evaluation from a licensed physician concerning the employee's medical ability to provide an adequate amount of breath. J. REFUSAL TO PROVIDE URINE AND/ OR BREATH SAMPLES If the employee refuses to submit to random controlled substance testing/breath testing or follow the testing and collection procedures, the Administrative Support Bureau Lieutenant will order the Employee to comply. If the employee refuses to obey the order, the Administrative Support Bureau Lieutenant shall cause a professional standards investigation to be conducted, which may result in disciplinary action, up to and including termination. K. INVESTIGATION AND DISCIPLINE If the confirmatory test results are positive, the Administrative Support Bureau Lieutenant shall cause a professional standards investigation to be conducted. That investigation shall include, among other things, contact with the Medical Review Officer. All reports generated through confirmatory drug testing shall be kept in a separate general drug -testing file maintained by the Administrative Support Bureau Lieutenant. Any reporting done as a result of a professional standards investigation regarding this policy shall be kept on file in the same manner as any other professional standards investigation. The results of a professional standards investigation may result in disciplinary action, up to and including termination. All department rules and regulations regarding possible discipline matters shall apply. 00-03 POA MOU Draft 69 5118/01 1:44 PM POA MOU EXHIBIT J MANDATORY/RANDOM CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY E. FREQUENCY OF TESTING Employees will be assigned confidential numbers, which will be placed into a en computerized pool from which the number of employees to be tested will be a `n selected each month. All sworn personnel will be assigned confidential numbers which will be placed into a computerized pool, maintained by the wWom �- testing company, from which the number of employees to be tested will be selected each month. Once each month the testing company computer will >-'_� ;�' randomly select that number of employees which represents 1/12" of 25% of ���'g the sworn employees represented by the H.B.P.O.A. The actual number of z o employees selected by this formula shall be rounded upward only upon a decimal point which exceeds .6. The names of the selected employees shall immediately be forwarded to the Administrative Support Bureau Commander. Those employees who are on duty who have been selected in accordance with the above procedure shall be tested on that day. Those employees who are not on duty on the day selected shall be tested on the first day following their return to work. There will be no minimum or maximum number of times an employee may be tested in a year. Any employee temporarily reassigned to another shift (i.e., due to injury/illness) in excess of 40 hours will be included in the specific test period consistent with the employee's work hours. F. NOTIFICATION ATA will provide the Administrative Support Bureau Lieutenant with the randomly selected employees. Administrative Support Bureau Lieutenant will summon them for testing during their normal duty hours. All available employees will be tested. The numbers assigned to the unavailable employees will be returned to the pool of confidential numbers for the next random selection and testing. There will be a pre -test interview with the employee to explain the Drug Disclosure Statement before beginning the collection process. The employee will complete the statement, which elicits information about recent use of prescription medications and accidental exposure to controlled substances. The disclosure statement will be sealed in an envelope by the employee and given to the Administrative Support Bureau Lieutenant. The disclosure statement will not be reviewed by anyone unless the confirmatory test shows positive. If the test is negative, the employee may request the Administrative Support Bureau Lieutenant to destroy (shred) the statement or return it to him or her. 00-03 POA MOU Final 50 5/16/01 9:18AM ry RCA ROUTING SHEET %4C � INITIATING DEPARTMENT: Administrative Services SUBJECT: Memorandum of Understanding Between the City and the Huntington Beach Police Officers' Association COUNCIL MEETING DATE: May 21, 2001 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached 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 EXPLANATI'O'N;. FOR3?MISSING° ATTACHMENTS " REVIEWED ' '°„'RETURNED 'FORWARDED'', Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( )