Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
HBPOA - Huntington Beach Police Officers Association - 2005-02-07
ITY OF HUNTINGTON BETA MEETING DATE: September 19, 2005 DEPARTMENT ID NUMBER: AS-05-022 Council/Agency Meeting Held: d,w— Deferred/Continued to: Y1 Approved ❑ Conditionally Approved ❑ Denied City 61lerk'jf Sign re Council Meeting Date: September 19, 2005 Department ID Number: AS-05-022 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONO BLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PEN 60�PUL136R"E�TH-G&T�,,Ty ADMINISTRATOR PREPARED BY: IRMA YOUSSEFIEH, HUMAN RESOURCES MANAG SUBJECT: APPROVAL OF AN. AMENDMENT TO THE MEMORAN Mg UNDERSTANDING BETWEEN THE CITY AND THE HUNTII`�TQfV BEACH POLICE OFFICERS' ASSOCIATION (HBPOA) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, A#ach lent(s) Statement of Issue: Effective September 7, 2005, a unit modification requested by employees in' 4he Police Management Association (PMA) was determined to be appropriate by the Human Resource Manager in accordance with the City's Employer -Employee Relations Resolution. The unit modification for the PMA transfers the scope of representation for employees in 'the classifications of Police Sergeant and Senior Police Sergeant from the PMA to the Huntington Beach Police Officers' Association (HBPOA); therefore, requiring an amendment to the current HBPOA Memorandum of Understanding. Funding Source: No additional funding required. All funding remains included in the Fiscal Year 2004/2005 budget and in the Fiscal Year 2005/2006 budget. Recommended Action: Adopt Resolution No. 5-;/6 a Resolution of the City Council of the City of Huntington Beach approving an amendment to the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police. Officers' Association to implement a transfer in the scope of representation for employees in the classifications of Police Sergeant and Senior Police Sergeant from the Police Management Association to the Huntington Beach Police Officers' Association. Unit Rep Chg for Sgts PMA to POA 9-19-05 -2- 9/7/05 5:01 PM #QUEST FOR COUNCIL ACT MEETING DATE: September 19, 2005 DEPARTMENT ID NUMBER: AS-05-022 Alternative Action(s): Do not approve the Resolution and direct staff to grant recognition to employees in the classifications of Police Sergeant and Senior Police Sergeant as an employee organization in accordance with the City's Employer -Employee Relations Resolution that allows the determination of an appropriate unit to be one of the following: - the existing unit; - the proposed/modified unit; or - some other appropriate unit Analysis: On August 11, 2005, a signed petition was received by the Human Resources Manager from nineteen (19) employees in the classifications of Police Sergeant and Senior Police Sergeant requesting a unit representation change from the PMA to the HBPOA. The signed petition was verified and accepted by the Human Resources Manager in accordance with Section 7 of the City's Employer -Employee Relations Resolution (EERR) and as amended by reference in Article X Miscellaneous Provisions, D.1.a.i, of the current PMA Memorandum of Understanding. Prior to a determination, the Human Resources Manager exercised discretion in accordance with the City's EERR Section 6-1, and conducted a secret ballot election through the Office of the City Clerk to ascertain the will of a majority of all employees in the classification of Police Sergeant and Senior Police. Sergeant. The secret ballot election was held from August 30 through September 2, 2005. The majority of all employees in the classifications of Police Sergeant and Senior Police Sergeant voted unanimously for representation by the HBPOA. On September 7, 2005, the Human Resources Manager issued the written determination. that the HBPOA is an appropriate unit for representation of employees in the classifications of Police Sergeant and Senior Police Sergeant. The determination is based on community of interest considerations in accordance with Section 6 of the City's EERR. City representatives have met with representatives of the PMA and the POA and discussed the impact of the PMA unit modification. In this discussion it was acknowledged that the impact of the unit modification for the PMA and the POA changed the scope; of representation for employees in the classifications of Police Sergeant and Senior Police Sergeant from the PMA to the POA without an increase or decrease to their current wages, hours and other terms and conditions of employment. as negotiated under the PMA Memorandum of Understanding. Therefore, all current wages, hours and other terms and conditions of employment for employees in the classification of Police Sergeant and Senior Police Sergeant shall be transferred to the HBPOA MOU by amendment and shall remain unchanged under representation by the HBPOA through June 30, 2006 and thereon, unless otherwise modified Unit Rep Chg for Sgts PMA to POA 9-19-05 -3- 9/7/05 5:01 PM INN *QUEST FOR COUNCIL ACT MEETING DATE: September 19, 2005 DEPARTMENT ID NUMBER: AS-05-022 by a successor HBPOA MOU in effect no earlier than April 1, 2006. Furthermore, the amendment to the HBPOA MOU shall not change the existing terms and conditions of employment for other classifications currently represented by the HBPOA. Environmental Status: Not Applicable Resolution amending the Memorandum of Understanding between the City 1 of Huntington Beach and the Huntington Beach Police Officers' Association with Exhibit H RCA Author: Irma Youssefieh Unit Rep Chg for Sgts PMA to POA 9-19-05 -4- 9/7/05 5:01 PM • 0 ATTACHMENT NO. 1 RESOLUTION NO. 2 0 0 5- 6 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION TO IMPLEMENT A TRANSFER IN THE SCOPE OF REPRESENTATION FOR EMPLOYEES IN THE CLASSIFICATIONS OF POLICE SERGEANT AND SENIOR POLICE SERGEANT FROM THE POLICE MANAGEMENT ASSSOCIATION TO THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION WHEREAS, on February 7, 2005 the City Council of Huntington Beach adopted Resolution No. 2005-11 for the purpose of adopting the 2003-2006 Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (HBPOA); and On August 1, 2005 the City Council of Huntington Beach adopted Resolution No. 2005-50 for the purpose of adopting the 2004-2006 Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Management Association (PMA); and City representatives have met with representatives of the PMA and the HBPOA and in this discussion it was acknowledged that the change in the scope of representation for employees in the classifications of Police Sergeant and Senior Police Sergeant from the PMA to the HBPOA does not increase or decrease their current wages, hours and other terms and conditions of employment as negotiated under the PMA POA; and The amendment as attached hereto as EXHIBIT "H" to the HBPOA MOU shall represent all wages, hours and other terms and conditions of employment through June 30, 2006 and thereon, unless otherwise modified by a successor HBPOA MOU in effect no earlier than April 1, 2006 for employees in the classifications of Police Sergeant and Senior Police Sergeant; and The amendment shall not change the existing terms and conditions of employment for other classifications currently represented by the HBPOA, NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach that the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association ("HBPOA") is hereby amended to include EXHIBIT "II" and the City Administrator is authorized to execute this amendment. 05reso/PMA to POA 0 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 th day of September 200 5 REVIEWED AND APPROVED: ity Adrnfhistrator APPROVED•FORM:u.�. tvy A. INITIATED AND APPROVED: Dety Ad inistrator Hu an Resour s Manag 05reso/PMA to POA 2 • Res. 4 2005-66 Amendment to th Huntington Beach Police Officers 'Association Memorandum of Understanding Resolution Alto: W-bb — Exhibit H ARTICLE I -- REPRESENTATION...............................................................................................I ARTICLE II -- TERM OF WAGES, HOURS AND OTHER TERMS AND CONDITIONS OFEMPLOYMENT.......................................................................................................................I ARTICLE 111 -- SALARY SCHEDULES AND RETIREMENT..........:.............................................'I 1. Wage Increase............................................................................................................:................................... 1 2. Senior Police Sergeant........................................................:........................................................................... 1 ARTICLE IV -- HEALTH AND OTHER INSURANCE BENEFITS.................................................2 A. HEALTH...................................................................................................................................2 1. Effective Date of Health Coverage.................................................................................................................. 2 2. CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA)....................................................... 3 a. PEMHCA Employer Contributions.............................................................................................................. 3 b. Maximum Employer Contributions..................................................................................:........................... 3 3. Dental Insurance.....................................................................•----...........................::...................................... 4 4. Retiree (Annuitant) Coverage.......................................................................................................................... 4 a. City Contribution (Unequal Contribution Method) for Retirees................................................................... 4 b. Termination of Participation in the CalPERS PEMHCA program - Impact to Retirees .............................. 5 5. Additional Costs for Participation in the PEMHCA Program.......................................`..................................... 5 a. Retiree and/or Annuitant Coverage............................................................................................................ 5 b. Termination Clause.................................................................................................................................... 6 6. Medical/Vision Cash-Out................................................................................................................................. 6 B. SECTION 125 EMPLOYEE PLAN ................. ................................................................................6 C. LIFE INSURANCE.......................................................................................................................7 D. INCOME PROTECTION PLAN.......................................................................................................7 E. VOLUNTARY HEALTH SAVINGS ACCOUNT PLAN...........................................................................7 ARTICLE V -- BEREAVEMENT LEAVE......................................................................................7 ARTICLE VI -- SPECIAL PAY AND ALLOWANCES...................................................................8 A. AUTO ALLOWANCE AND TAKE HOME VEHICLE USE ............................ ..8 ........................................ B. FLIGHT PAY.............................................................................................................................8 . C. MOTOR PAY.............................................................................................................................8 D. BILINGUAL PAY........................................................................................................................9 E. UNIFORM ALLOWANCE...........................................................................:..................................9 F. POLICE SERGEANT AND SENIOR POLICE SERGEANT SPECIAL PAY AND ALLOWANCES ..................10 i RCA - Unit Rep Change for Sgts PMA to POA 9 19-05 Amendment to* Huntington Beach Police Offic Association Memorandum of Understanding Resolution Ala:-bb - Exhibit H 1. Court Standby Time....................................................................................................................................... 10 2. Court Appearance Time................................................................................................................................ 10 3. Non -Court Standby Time.............................:.................................................................................................. 10 4. Call Back........................................................................................:.............................................................. 10 5. Telephonic Business..................................................................................................................................... 10 G. Pay in Lieu of Compensatory Time......................................................................................10 HMEAL ALLOWANCE.................................................................................................................11 1. Per Diem............:........................................................................................................................................... 11 2. Per Diem Schedule.........................:.............................................................................................................. 11 IMileage Allowance...............................................................................................................11 J. EFFECTIVE DATE OF SPECIAL PAYS.........................................................................................11 ARTICLE VII -- DRUG TESTING................................................................................................11 ARTICLE VIII -LEAVE BENEFITS............................................................................................12 A. ANNIVERSARY DATE...............................................................................................................12 B. GENERAL LEAVE....................................................................................................................12 1. Accrual...........................................................................................................................................................12 2. Eligibility and Approval................................................................................................................................... 12 3. Terminal General Leave Pay......................................................................................................................... 13 4. Conversion to Cash....................................................................................................................................... 13 C. SICK LEAVE...........................................................................................................................13 1. Accrual...........................................................................................................................................................13 2. Credit............................................................................................................................................................. 13 3. Usage............................................................................................................................................................ 13 D. POLICE SERGEANT SICK LEAVE...............................................................................................13 E. LEAVE BENEFIT ENTITLEMENTS...............................................................................................14 F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM.........................................................14 ARTICLE IX SICK LEAVE PAYOFF.........................................................................................14 ARTICLE X -- MISCELLANEOUS PROVISIONS......................................................................15 A. WEAPONS VESTING................................................................................................................15 B.. DEFERRED COMPENSATION/LEAVE CASH-OUT........................................................................15 C.. TEN PLAN — FLEX WORK SCHEDULE ................ .................15 ...................................................... D. COLLECTION OF PAYROLL OVER PAYMENTS.............................................................................15 E. DIRECT DEPOSIT....................................................................................................................16 ii RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to'*Huntington Beach Police OfficefAssociation Memorandum of Understanding Resolution No, oos-rob —Exhibit H F. ADMINISTRATIVE APPEAL PROCEDURE......................................................................................16 ARTICLEXI -- HOLIDAYS.........................................................................................................16 A. CITY RECOGNIZED HOLIDAYS.................................................................................................16 B. HOLIDAY COMPENSATION FOR POLICE SERGEANTS AND SENIOR POLICE SERGEANTS ............ :.... 17 ARTICLE XII -- WORKSCHEDULE / OVERTIME / TIME OFF..................................................18 A. WORK SCHEDULE...............................................................:..................................................18 1. 4-10 Plan..............................................................................................:........................................................ 18 2. 7-11.5 Plan.................................................................................................................................................... 18 a. Workday................................................................ ...... 18 .................................................:........................... b. Work Period............................................................................................................................................. 18 B. OVERTIME..................................................................................................................I...........18 C. TIME AND ONE HALF (SERGEANTS).................:................................................I........................18 D. COMPENSATORY TIME IN LIEU OF OVERTIME (POLICE SERGEANTS AND SENIOR POLICE SERGEANT)...........................................................................................................................19 ARTICLE XIII -- EDUCATIONAL PAY........................................................................................19 A. EDUCATIONAL INCENTIVE PLAN (POLICE SERGEANTS AND SENIOR POLICE SERGEANTS) .............19 2. Stipulations.....:.............................................................................................................................................. 19 ARTICLE XIV -- MANAGEMENT RIGHTS.................................................................................20 ARTICLE XV -- TERM OF POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING ............................................. ..20 ............................................................... ARTICLE XVI -- SIGNATURE ACKNOWLEDGEMENT....................................................22 ATTACHMENT 1 — SALARY SCHEDULE ............. :................................................................... 23 ATTACHMENT 2 - SERVICE CREDIT SUBSIDY PLAN...........................................................25 ATTACHMENT 3 - ADMINISTRATIVE APPEAL PROCEDURE................................................28 ATTACHMENT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM .............31 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to* Huntington Beach Police Officle' Association Memorandum of Understanding Resolution No. ,24os-eb — Exhibit H ARTICLE I -- REPRESENTATION Effective September 7, 2005, it is recognized that the Huntington Beach Police Officer's Association is the employee organization that has the right to meet and confer in good faith with the City on behalf of represented employees of the Huntington Beach Police Department within the classification titles of Police Sergeant and Senior Police Sergeant. Effective March 26, 2005, the classification title of Senior Police Sergeant was added for representation. ARTICLE II -- TERM OF WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT January 1, 2004 through June 30, 2006 and thereon, unless otherwise modified by a successor Huntington Beach Police Officers' Association (HBPOA) Memorandum of Understanding (MOU) in effect no earlier than April 1, 2006. ARTICLE III -- SALARY SCHEDULES AND RETIREMENT A. Employees shall be compensated at hourly rates by classification title and salary ranges during the term of the Agreement as set out in Attachment. 1 of this Exhibit. 1. Wage Increases a. Effective the first full pay period that includes January 1, 2004, and for fiscal year 2003-2004, all Association employees shall receive no wage increase. b. Effective January 1, 2005, all Association employees shall receive a four percent (4%) wage increase. c. Effective December 31, 2005, all Association employees shall receive a four percent (4%) wage increase. 2. Senior Police Sergeant Effective March 26, 2005, an employee with ten (10) or more years of service in the classification of Police Sergeant with the City of Huntington Beach shall be classified to the position of Senior Police Sergeant. The pay range for this classification shall be five percent (5%) above the range of Police Sergeant. No additional criteria for achieving the Senior Police Sergeant classification shall apply. The Senior Police Sergeant classification recognizes seniority only and does not amend the duties and responsibilities of Police Sergeant. RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment tot a Huntington Beach Police Officers''"Association Memorandum of Understanding Resolution No.20os-4b — Exhibit H B. Each sworn employee covered by this agreement shall be reimbursed an amount equal to 9% of the employee's part ' of his or her California Public Employees' Retirement System (CaIPERS) contribution unless otherwise modified in the Police Management Association (PMA) Memorandum of Understanding (MOU). The above CaIPERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. New employees shall not be eligible for the "Self -Funded Supplemental Retirement Benefit" (as described in Article XI, Paragraph A.2 of the Police Officers' Association 1997/2000 Memorandum of Understanding). D. If at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions for employees represented by the Association, the amount of employer —paid member contributions to which each employee is reimbursed pursuant to Article III.B of the PMA MOU 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 111.13 of the PMA MOU 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 make employer contributions to PERS equal to 8%, of each employee's compensation earnable, the amount of the employer -paid member contributions reimbursement set forth in Article III.B of the PMA MOU shall be reduced to 6.75% of the employee's compensation earnable. E. The City provides the PERS Level IV 1959 Survivor's Benefit. F. As soon as practicable after ratification of this Memorandum of Understanding by the City Council, the City shall amend its PERS contract for safety employees to add the Pre -Retirement Optional Settlement 2 Death Benefit. ARTICLE IV -- HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all Association employees. 1. Effective Date of Health Coverage An employee and eligible dependent(s) shall become eligible to participate in the City's health insurance plans described herein. Effective the first of the RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to* Huntington Beach Police OfficlOr Association Memorandum of Understanding Resolution No. go6s." — Exhibit H month following the employee's date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates. All employee contributions shall be deducted on a pre- tax basis. 2. CaIPERS Public Employees' Medical and Hospital Care Act (PEMHCA) The City presently contracts with CaIPERS to provide medical coverage. The City is required under CaIPERS PEMHCA to make a contribution to retiree medical premiums. 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 CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. Upon termination of the City's contract with CaIPERS PEMHCA, the retiree's rights will be as set forth in Article "IV(A)(4)(b) of the PMA MOU. a. PEMHCA Employer Contributions 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. If the mandated minimum is increased from these figures, the City shall make the appropriate adjustments by decreasing its cafeteria contribution. $32.20 2004 2005 $48.40 2006 $64.60 b. Maximum Employer Contributions For the term of this Agreement, the City's maximum monthly employer contributions for each employee's health and other insurance premiums are set forth in the charts below. The amounts listed below include the mandated PEMHCA contribution. 3 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to &Huntington Beach Police Officel*Association Memorandum of Understanding Resolution No. ,Zws•64 —Exhibit H PERS Delta Delta VSP BS PERS Dental Dental HMO PERSCARE PERSCHOICE PORAC KAISER (PPO ) (HMO) Vision EE $274.03 $373.77 $373.77 $373.77 $274.03 $42.88 $23.00. $17.58 EE + 1 555.51 702.25 702.25 702.25 555.51 . 81.82 39.11 17.58 EE+2 or more 1 720.18 851.34 851.34 851.34 T720.18 1 116.36 59.81 1 17.58 The employee shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. 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 as stated in the table above for the term of this Agreement, even if premiums increase. Employee contributions shall. be made by payroll deductions on a pre-tax basis. 3. Dental Insurance Effective January 1, 2005, the annual maximum benefit for the Delta Dental PPO plan will increase from $1000 to $2000. 4. 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 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. a. City Contribution (Unequal Contribution. Method) for Retirees 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. RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to 0 Huntington Beach Police Office Association Memorandum of Understanding Resolution No. zoos-" —Exhibit H b. Termination of Participation in the CaLPERS PEMHCA program Impact to Retirees 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 per Resolution No. 2000-116, Exhibit B to the PMA MOU shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. The current Service Credit Subsidy Plan is Attachment 2 of this Exhibit. 5. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage 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 1 st 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 4.a. of the PMA MOU above 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. 5 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to tuntington Beach Police Officer(PAssociation Memorandum of Understanding Resolution No..,.ow -e6 — Exhibit H 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). b. Termination Clause The City and Association may each request termination of the City's contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer's contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CaIPERS PEMHCA program by mutual. agreement through the. meet and confer process between the Association, and the City. 6. Medical/Vision Cash -Out If an employee is covered .by a medical program outside of a City - provided program (evidence of which must be supplied to the Human Resources office), he/she 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, so long as the contribution is in accordance with applicable Internal Revenue Services (IRS), code or regulations. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. If the pre-tax contribution is not permitted by any applicable IRS code or regulation, an equivalent payment will be made payable as compensation on a bi-weekly basis and shall be taxable. B. Section 125 Employee Plan The City shall provide an Internal Revenue Code Section .125 employee plan that allows employees to use pre -flax salary to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses as determined by the Internal Revenue Code. 6 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to Ok Huntington Beach Police Offico Association Memorandum of Understanding Resolution No. Aoor44 — Exhibit H C. Life Insurance The City will provide $50,000 term life insurance and $50,000 accidental death and dismemberment 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. D. Income Protection Plan (Long Term Disability Program) The existing long-term disability program provided by the City shall remain in effect for all personnel. This program provides, for each incident, pay up to thirty (30) 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 thirty (30) calendar day period, the employee will be covered by an insurance plan paid for by the City that will provide 66 2/3% of the employee's salary rate (excluding overtime and any special pay) in accordance with the following to age 65: 1. 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 the first two years of disability and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience. 2. Survivors' benefit continues plan payment for three months beyond death. E. Voluntary Health Savings Account Plan The City shall implement a voluntary health savings account plan during the term of this Memorandum of Understanding for the purpose of allowing employees the opportunity to fund post medical retirement health premiums pursuant to IRS regulations. ARTICLE V -- 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, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to tieHuntington Beach Police OfficerVAssociation Memorandum of Understanding Resolution No.: 2o� — Exhibit H ARTICLE VI -- SPECIAL PAY AND ALLOWANCES A. Auto Allowance and Take Home Vehicle Use 1. Effective the first full pay period following City Council ratification of this Memorandum of Understanding, the City shall increase from 25 miles to 35 miles the distance allowed from the City limits to the home of a Police Sergeant or Senior Police Sergeant assigned a take home vehicle. The following assignments shall be allowed to take a City vehicle home under this provision: Detective, Support Services, and Training. Such employees who take a City vehicle home are expected to be reasonably available to respond to work related activities; however; there is no restriction on the employee's off -duty activities, implied or intended by this expectation. B. Flight Pay Employees assigned to duty as helicopter personnel shall receive $500 per month and those assigned as Certified Flight Instructors shall receive $800 per month, in addition to their applicable salary. C. Motor Pav Employees assigned to motorcycle duty shall receive a flat rate of $300 per month for hazardous duty pay. 2. Employees may drive their motorcycle to and from their residence to their place of work if such travel does not exceed 200 miles per week, excluding overtime. 3. In consideration of the motor officers receiving the foregoing compensatory duty pay, the Association agrees that any time spent on maintenance and/or cleaning of motorcycles, as described below, while off duty and away from their place of employment is not considered to be time worked for purpose of salary or overtime calculations. The Department shall supply necessary materials needed to perform the following duties: a. Keeping the assigned motorcycle cleaned and waxed. b. Keeping the drive chain properly lubricated and adjusted. c. Performing a daily check of the motorcycle fluid levels and tire pressure. d. Scheduling required routine services at specified mileage intervals with police motorcycle mechanics. RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to* Huntington Beach Police Officef Association Memorandum of Understanding Resolution No. ,Zoos-" — Exhibit H D. Bilingual Pay Employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five percent (5%) of their straight time pay rate in addition to their regular bi-weekly pay. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Administrator. Such employees shall receive the additional five percent (5%) for every bi-weekly pay period that the assignment is in effect. In order to be qualified for said compensation, an employee's language proficiency will be tested and certified. by the Hutnan Resources. Manager or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation'. Human Resources will notify the employee on the results of the oral evaluation. If the employee's attempt is unsuccessful, the employee may repeat the process in six (6) months time from the date of the previous exam. E. Uniform Allowance 1. 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 at 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. 2. The City shall report to the California Public Employees' Retirement System (CaIPERS) the uniform allowance paid as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to 0 Huntington Beach Police OfficeOAssociation Memorandum of Understanding Resolution No. ,Zoos-" — Exhibit H F. Police Sergeant and Senior Police Sergeant Special Pays and Allowances The following shall apply: 1. Court Standby Time An employee required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of three (3) hours straight time pay for each morning and afternoon court session. An employee will be paid two (2) hours at straight time pay for subpoenas cancelled with less than twenty-four (24) hours notice. 2. Court Appearance Time An employee required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours pay at the overtime rate; provided, however, that if such time overlaps with the employee's working hours, said rate shall be limited to those hours occurring prior to or after the employee's scheduled work time. 3. Non -Court Standby Time An employee who is placed on standby status by his supervisor shall receive four (4) hours straight time pay for each 24-hour period of standby.status. 4. Call Back An employee who is called back to work will be paid a minimum of two (2) hours pay at the overtime rate, upon arrival at the department or the incident scene until released. 5. Telephonic Business An . off -duty employee shall be compensated a minimum of fifteen (15) minutes at the overtime rate when telephoned at home regarding departmental business. G. Pay in Lieu of Compensatory Time Employees may, at their request, be paid for their accrued compensatory time twice each calendar year. 10 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to4k Huntington Beach Police Officis' Association Memorandum of Understanding Resolution No. Apox 4t. —Exhibit H H. 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 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 above may be considered for reimbursement (receipts required) by the Division Commander. d. Receipts are not required other than noted above. 2. Per Diem Schedule $45 per 24-hour period or pro -rated as follows; Breakfast - $10, Lunch - $15, Dinner $20. I. Mileage Allowance The City shall reimburse mileage to employees for the use of personal automobiles at the amount allowed by the most recent IRS allowance. J. Effective Date of Special Pays All special pay shall be effective the first full pay period following certification and verification as approved by the Police Chief or designee. ARTICLE VII -- DRUG TESTING Unit employees shall participate in a drug/alcohol-testing program as proposed by the Chief of Police. 11 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to *Huntington: Beach Police OfficePAssociation Memorandum of Understanding Resolution No. -,Zoos-" — Exhibit H ARTICLE VIII — LEAVE BENEFITS A. 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. B. General Leave Accrual Effective December 23, 2000, employees will cease to accrue sick leave and vacation leave, and the Long -Term Disability insurance waiting period shall be reduced from 60 to 30 days. Instead, employees will begin accruing general leave at the accrual rates outlined below. General leave may be used for any purpose, including vacation, sick leave and personal leave. Vacation time accrued through December 23, 2000 will be added to the employee's general leave account effective December 24, 2000. General leave shall be accrued as follows: Years of Service General Leave Allowance First through Fourth Year 176 Hours Fifth through Ninth Year 200 Hours Tenth through Fourteenth Year 224 Hours Fifteenth Year and Thereafter 256 Hours 2. Eligibility and Approval Accrued general leave may be taken after six (6) months' service, when used as vacation; and at anytime for sick leave purposes. .General leave accrued time is to be computed from hiring date anniversary. Employees shall not be permitted to take general leave in excess of actual time earned. Effective December 23, 2000, employees shall not accrue general leave in excess of six hundred (600) hours. Effective the first full pay period following City Council ratification of this Memorandum of Understanding, employees shall not accrue general leave in excess of six hundred and forty (640) hours. Employees may not use their general leave to advance their separation date on retirement or other separation from employment. General leave must be pre -approved except for illness, injury or family sickness, which may require a physician's statement for approval. Effective the first full pay period following City Council ratification of this Memorandum of Understanding, general leave accumulated in excess of 12 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to Huntington Beach Police Office* Association Memorandum of Understanding Resolution No. ,Zno s 6 Exhibit H the six hundred and forty (640) hour cap shall be paid in cash at the straight time hourly rate on the first pay day following such accumulation. This provision shall sunset (discontinue) at the expiration of this Memorandum of Understanding unless both the City and the Association agree to continue this provision. 3. Terminal General Leave Pay An employee shall be paid for unused general leave upon termination of employment at which time such terminating employee shall receive compensation at his/her current straight time pay rate for all unused, earned leave to which he/she is entitled up to and, including the effective date of his/her termination. 4. Conversion to Cash An employee may elect to take up to one hundred and twenty (120) hours of pay per calendar year for accrued general leave in lieu of time off. It is the intent of the parties that employees will take vacation during the current year. C. Sick Leave 1. Accrual. No employee shall accrue sick leave after December 22, 2000. 2. Credit Employees hired prior to December 23, 2000 shall be credited with their sick leave accrued as of December 22, 2000. 3. Usage Employees may use accrued sick leave for the same purposes for which it was used prior to December 23, 2000. D. Police Sergeant Sick Leave Employees promoted to Police Sergeant after December 31, 2000, shall receive two hundred forty (240) hours of sick leave. These hours may be used for sick leave purposes during the first twelve (12) months after promotion. Any unused sick leave credited upon promotion shall be eliminated one (1) year from date of promotion to Police Sergeant. Effective March 26, 2005, employees promoted to the rank of Police Sergeant after December 31, 2000 shall be credited with four 13 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to t*Huntington Reach Police OfficefAssociation Memorandum of Understanding Resolution No. dos -61, — Exhibit H hundred and eighty (480) sick leave hours. These hours are for sick leave purposes and shall not be eliminated unless used by the employee during employment or as a result of an employee's separation from employment. E. Leave Benefit Entitlements The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use earned Sick Leave, General Leave, and/or Compensatory Time for serious and non -serious family or personal health issues. F. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Attachment 4 of this Exhibit. ARTICLE IX -- SICK LEAVE PAYOFF A. Employees covered by this agreement and on the payroll on November 20, 1978 shall be entitled to the following sick leave payoff plan: At termination, employees shall be compensated at their then current straight" time pay rate for fifty percent (50%) of unused sick leave, up to a maximum of 720 hours of unused, accumulated sick leave. B. Employees hired after November 20, 1978 shall be entitled to the following sick leave payoff plan: Upon termination, all employees shall be paid, at their then current straight time pay rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for thirty-five (35%) of all. unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours. C. No employee shall be paid at termination for more than 720 hours of unused, accumulated sick leave. D. Effective March 26, 2005, any hours of unused Police Sergeant Sick Leave as referenced in Article VIII.D. of the PMA MOU shall be eligible for payoff upon an 14 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment too Huntington Beach Police Officia Association Memorandum of Understanding Resolution No. -Haas'-1.6 — Exhibit H employee's separation from employment based on ten percent (10%) vesting per year or any fraction thereof, retroactively applied to consecutive years of prior service as a Huntington Beach Police Sergeant or a Senior Police Sergeant. Such eligible hours for payoff shall follow the same payoff plan as outlined in Article IX.B. of the PMA MOU for employees hired after November 20, 1978. 1. Any hours 'of unused Police Sergeant Sick Leave shall remain with the employee in the event of promotion(s) up to the rank of Police Captain and the vesting formula shall also include years of service with the City in the higher rank. E. Sick leave shall not be used to extend absences due to work related (industrial) . injuries or illnesses. ARTICLE X -- MISCELLANEOUS PROVISIONS A. Weapons Vesting 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. B. Deferred Compensation/Leave Cash -Out In accordance with IRS regulations, the value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation from employment, but only during the time that the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. . C. Ten Plan — Flex Work Schedule Employees accepting specialty assignments, that have been posted as such, shall be required to work a flex 40-hour workweek scheduled as directed. D. Collection of Payroll Over Payments In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee could have reasonably known about such over payment, the City will take action to collect from the employee the amount of over payment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of over payment. 15 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to SHuntington Beach Police Offiice#Association Memorandum of Understanding Resolution No: -bb — Exhibit H In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the ,responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to- also collect compensation over payments caused by or the result of misinterpretation of a pay provision by non -authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. E. Direct Deposit All employees are required to utilize direct deposit of payroll checks. F. Administrative Appeal Procedure In compliance with Government Code 3304(b), the administrative appeal procedure for all public safety officers is referenced in: Attachment 3 of this Exhibit. ARTICLE XI -- HOLIDAYS A. City Recognized. Holidays The City shall recognize the following holidays in a calendar year: 1. New Year's Day (January 1) 2. Martin Luther King Day (third Monday in January) 3. Washington's Birthday (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) OR RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to Huntington Beach Police Offico Association Memorandum of Understanding Resolution No. os cs -64 — Exhibit H 7. Veteran's Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. The 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 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. B. Holiday Compensation for Police Serqeants and Senior Police Sergeants 1. In addition to regular compensation, employees shall receive straight time pay in each bi-weekly pay period month for 1 /26 of the total holiday hours (80) earned for the year. 2. A Police Sergeant or Senior Police Sergeant who works on an actual holiday shall be compensated at the overtime rate for time actually worked from 12:00 A.M. through 11:59 P.M. 3. Employees shall be compensated for the date of the actual holiday when the holiday does not fall on the day recognized by the City. C. All holiday pay shall be reported as special compensation when required in accordance with CalPERS law. 17 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to t@Huntington Beach Police OfficePAssociation Memorandum of Understanding Resolution N.o. ,Zocs-Lb — Exhibit H ARTICLE XII — WORKSCHEDULE/OVERTIME/TIME OFF A. Work Schedule 1. 4-10 Plan Unless designated elsewhere, unit employees are entitled to work four (4) consecutive days per week, ten (10) hours each day, meal times to be z. included during the ten hour shift, with three consecutive days off. 2. 7-11.5 Plan The 7-11.5" work schedule will be implemented for designated employees of the Patrol Bureau only and shall consist of a 14-day 7(K) FLSA workweek. a. Workday A work day 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 consecutive shifts of 11 hours and 25 minutes in one week and 4 consecutive shifts of 11 hours and 25 minutes in -the second week. The total hours of these two consecutive weeks shall be considered equaling eighty (80) hours. The two -week cycle then repeats itself. B. Overtime Non-exempt employees shall receive compensation at the rate of time and one- half (1 '/2) of their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or 80-hours in a 14-day work period. C. Time and One Half (Sergeants) Police Sergeants shall receive time and one half their salary rate for all time worked in excess of 40 hours during any given 14-day workweek. 18 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to It Huntington Beach Police Offic* Association (Memorandum of Understanding Resolution No. coos-" — Exhibit H D. Compensatory Time in Lieu of Overtime (Police Sergeant and Senior Police Sergeant) An employee may elect to receive compensatory bank time in lieu of overtime pay to a maximum of one hundred forty (140) hours. Effective the first full pay period following City Council ratification of this Memorandum of Understanding, employees may bank a maximum of one hundred and sixty hours (160) hours of compensatory time. ARTICLE XIII -- EDUCATIONAL PAY A. Educational Incentive Plan (Police Sergeant and Senior Police Sergeant) 1. The Educational Incentive Plan shall be continued for employees as follows, except that no more than thirty (30) units of approved life - experience credits may be accepted toward educational incentive pay: Education Incentive Level POST Certificate College Units Maximum Training Units Points Years of HBPD Service College Units Required Annually Monthly Amount I Intermediate 30 20+ 10 1 6 $ 115 II Intermediate 60 40+ 20 1 3 $ 170 III Advanced 90 60+ 30 2 3 $ 330 IV Advanced 120 0 3 3 $ 330 V Advanced 150 120+ 30 3 0 $ 330 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. 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. E RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to t untington Beach Police Officei*Association Memorandum of Understanding Resolution No. ems--" Exhibit H c. Training points approved by POST may be substituted for college units, .on the following schedule: 10 of 30, 20 of 60, and 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. 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 is 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. ARTICLE XIV -- MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Chief of Police retains all rights, powers and authority with respect to the management and direction of the performance of police services and the work forces performing such services, provided that nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Chief of Police or the City the right to make unilateral changes in wages, hours and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of police services, including establishing staffing 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 XV — TERM OF PMA MOU The Memorandum of Understanding shall be in effect for a term commencing on January 1, 2004, and ending at midnight on June 30, 2006.. Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits of the employees represented by the Association shall take effect during the term of the Agreement unless agreed upon by the City and the Association. It is 20 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to f Huntington Beach Police Office Association Memorandum of Understanding Resolution No. ;Uor ," —Exhibit H understood that the parties are continuing to meet and confer regarding non -monetary matters such as Personnel Rule changes. Any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to the Agreement. 21 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 Amendment to tkuntington Beach Police OfficerfAssociation Memorandum of Understanding Resolution No. Zvox-" — Exhibit H ARTICLE XVI — SIGNATURE ACKNOWLEDGEMENT This shall acknowledge that City representatives have met with representatives of the HBPOA and have reached an understanding that this Amendment represents all wages, hours and other terms and conditions of employment for employees in the classifications of Police Sergeant and Senior Police Sergeant. CITY OF HUNTINGTON BEACH M PenApe Culbreth-Graft, PA City 0 rces Manager APPROVED AS TO FORM By: Jennifer McGrath City Attorney q(fq MA HUNTINGTON BEACH 'POLICE OFFICERS' ASSOCIATION By: g Muller POA President RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 0 0 ATTACHMENT 1 — SALARY SCHEDULE Effective January 1, 2005 (4% wage increase) Monthly Rates Step Job Code Classification Range A B C D E 0159 Police Sergeant 556 $6,049 $6,382 $6,733 $7,104 $7,494 Effective January 1, 2005 (4% wage increase) Step Job Code Classification Range A B C D E 0159 Police Sergeant 556 $34.90 $36.82 $38.85 $40.99 $43.24 Effective March 26, 2005 Monthly Rates Effective March 26, 2005 23 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 ATTACHMENT 1 = SALARY SCHEDULE Effective December 31, 2005 (4% wage increase) Monthly Rates Step 0159 Police Sergeant 564 $6,295 $6,641 $7,007 $7,392 $7,800 0154 Sr Police Sergeant 574 $6,617 . $6,981 $7,365 $7,772 $8,199 Effective December 31, 2005 (4% wage increase) I Felt; � W I t Pn, I. M, 24 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 ATTACHMENT 2 — 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. Employees who have retired since October 1, 2003 to the date of ratification of the PMA MOU, and are eligible for the Service Credit Subsidy but did not elect it at the time of retirement, shall again be offered the medical Service Credit Subsidy. 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. 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 Service Credit Subsidy may be adjusted downward or eliminated. b. 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 25 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 ATTACHMENT 2 - SERVICE CREDIT SUBSIDY PLAN retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. Disability Retirees Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health. insurance of $120. Payments shall be in .accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed the dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 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: Service Credit Years of Service 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 26 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 ATTACHMENT 2 SERVICE CREDIT SUBSIDY. PLAN 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 IV.A.4.a. of the PMA MOU 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. 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: a. 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. 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. 27 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 ATTACHMENT 3 -ADMINISTRATIVE APPEAL PROCEDURE 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 administrative appeal procedure is intended to establish the Administrative Arbitration Panel to hear appeals from public safety officers. This administrative appeal procedure only applies to an "Action" as defined above in "b." It does not apply to a non -punitive transfer imposed on a public safety 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 PMA one employee selected by the ChiefofPolice, 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 PMA and the Chief each submitting four names for consideration. A coin toss will determine the party striking first with the PMA reserving the right to call the coin or defer. c. The panel member selected by the Chief of Police, the PMA, and the panel member selected by the Chief of Police and the PMA 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. 28 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 ATTACHMENT 3 — ADMINISTRATIVE APPEAL PROCEDURE 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) Hearing 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. 29 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 0 . 0 ATTACHMENT 3 — ADMINISTRATIVE APPEAL PROCEDURE 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., a non -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 PMA 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. 30 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 ATTACHMENT 4 - V�UNTARY CATASTROPHIC LEAVONATION PROGRAM Guidelines Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long- term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave -sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation; general, or sick leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee who: Accrues vacation or general leave; Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. 31 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 ATTACHMENT 4 - VANTARV CATASTROPHIC LEAVIMONATION PROGRAM An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Division (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Division on questions regarding staff participation in this program. 32 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 ATTACHMENT 4 - VOUNTARY CATASTROPHIC LEAN&ONATIOU PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: A leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • 1 am not receiving disability benefits or Workers' Compensation payments. Please return to the Human Resources Division for processing Voluntary Catastrophic Leave Donation Program 33 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 ATTACHMENT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Leave Donation Form Donor I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. i wish to donate my accrued vacation, comp or general leave hours to the Leave Sharing Donor,ylease Complete Donor Name: (Please Print) Phone: ;Donor Job Title =Hours of Vacation, Comp or General leave I Wish to Donate: , ..�. _..___.__.__ understand that this voluntary donation of leave hours, once processed, is irrevocable, but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp.or general leave hours to the Leave Donation Program for: ;Eligible recipient employee's name: Signature Please submit to Payroll in the Human Resources Division. 34 RCA - Unit Rep Change for Sgts PMA to POA 9-19-05 1] is STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) Res. No. 2005-66 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 19th day of September, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None Ci V lerk and ex-officio erk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATION SUBJECT: APPROVAL OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION HBPOA COUNCIL MEETING DATE: September 19, 2005 —j 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 Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable, Findings/Conditions for Approval and/or Denial Not Applicable i►.� I RCA Author: Irma Youssefieh REQUEST FOR COUNCIL ACTION MEETING DATE: February 7, 2005 DEPARTMENT ID NUMBER: As 05-007 Analysis: Representatives of the City and the Huntington Beach Police Officers' Association have completed the meet and confer process with agreement on a new Memorandum of Understanding for the period of October 1, 2003 through March 31, 2006. Proposed modifications to the current wages, hours, and other terms and conditions of employment include the following: 0% wage increase from 10/1/03 to 9/30/04 4% wage increase from 10/1/04 to 9/30/05 4% wage increase from 10/1/05 to 3/31/06 Established pay range top step differential between Senior Detention Officer and Detention Officer classifications (with title change for Senior Detention Officer to Detention Shift Supervisor) Dental PPO plan annual maximum benefit increase from $1000 to $2000 Life and .Accidental Death and Dismemberment insurance coverage increase from a $10,000 level to $50,000 Implementation of Health Savings Account for post retirement medical benefits Pre -Retirement Option 2 Death Benefit Certified Flight Instructor Pay from $800 flat rate to 13% of base salary Conversion of Flight Pay from $500 flat rate to $8% of base salary Conversion of Motorcycle Pay from $300 flat rate to 5% of base salary Payment of K-9 compensation from fifteen (15) hours compensatory time to fifteen (15) hours of overtime rate of pay based on the canine care salary rate Replacement of Senior Officer compensation with Longevity Pay Program: 5% of base pay at 10 years of service and 10% of pay at 20 years of service Increase in annual maximum accrual rate for vacation from 320 hours to 400 hours Increase in maximum earning of compensatory time off from one hundred forty (140) hours to one hundred sixty (160) hours Increase in HBPOA "release time" from 800 hours to 1040 hours per year to conduct lawful Association activities A summary of these and other changes are included as Attachment #1. Environmental Status: Not Applicable Attachment(s): Summary of negotiated provisions Resolution to adopt Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police z Officers' Associatio for the period of October 1, 2003 through March 31, 2006� 03-06 POA MOU Reso -3- 1/24/2005 5:19 PM ....... _. CITY OF HUNTINGTON BE MEETING DATE: February 7, 2005 DEPARTMENT ID NUMBER: As 05-007 Council/Agency Meeting Held: 4g,00S— Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Cit le ignat r Council Meeting Date: February 7, 2005:::l Department ID Number: As*5-007 CITY OF HUNTINGTON BEACH = REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PE PE ULBRETH-GRAFT, PA CITY ADM fNISTRATOf PREPARED BY: CHARLES THO S, ACTIW DIRECTOR OF ADMINISTRATIVE SERVICES 4-eo Mr SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND T E HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATIONQS��� Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City and the Huntington Beach Police Officers' Association enter into a new Memorandum of Understanding (MOU) covering the period of October 1, 2003 through March 31, 2006? Funding Source: Funding is included in the Fiscal Year 2004/2005 budget and to be included in the Fiscal Year 2005/2006 budget. The total annual cost to implement the Memorandum of Understanding with the Huntington Beach Police Officer's Association is $668,791 in Fiscal Year 2004/05 and $326,317 in Fiscal Year 2005/06 (term expires March 31, 2006). Recommended Action: 5- \k Adopt Resolution No.70, a Resolution of the City Council of the City of Huntington Beach approving and implementing the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association for the period of October 1, 2003 through March 31, 2006. Alternative Actions): Do not approve the Resolution for employees of the Huntington Beach Police Officers' Association and direct staff accordingly. 03-06 POA MOU Reso r2! 1/24/2005 5:19 PM 1 REQUEST FOR COUNCIL ACTION MEETING DATE: February 7, 2005 DEPARTMENT ID NUMBER: As 05-007 Draft of the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police 3 Officers' Association for the period of October 1, 2003 through March 31, 2006 eq /�v.�2©Q --�� RCA Author: Irma Youssefieh 03-06 POA MOU Reso -4- 1/24/2005 5:19 PM ATTACHMENT #1 SUMMARY OF SALARY AND BENEFITS AND OTHER NEGOTIATED PROVISIONS FOR THE CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (HBPOA) 43 Term October 1, 2003 to March 31, 2006 *;4 Wages 0% wage increase from 1011103 to 9/30/04 4% wage increase from 1011104 to 9/30/05 4% wage increase from 10/1105 to 3/31/06 Established pay range top step differential between Senior Detention Officer and Detention Officer classifications (with title change for Senior Detention Officer to Detention Shift Supervisor) Health Benefits Dental PPO plan annual maximum benefit increase from $1000 to $2000 Life and Accidental Death and Dismemberment insurance coverage increase from a $10,000 level to $50,000 •;• Retirement Implementation of Health Savings Account (HAS) for post retirement medical benefits (enrollment is voluntary and funded by employee contributions) Pre -Retirement Option 2 Death Benefit • Special Pay Conversions Certified Flight Instructor Pay from $800 flat rate to 13% of base salary Flight Pay from $500 flat rate to $8% of base salary Motorcycle Pay from $300 flat rate to 5% of base salary Payment of K-9 compensation from fifteen (15) hours compensatory time to fifteen (15) hours per month of overtime rate of pay, based on the canine care salary rate. Replacement of Senior Officer compensation with Longevity Pay Program: 5% of base pay at 10 years of service and 10% of pay at 20 years of service Restructure of Subpoena Pay to apply to all civil, criminal and administrative Department of Motor Vehicle (DMV), including telephonic ❖ Paid Leaves Increase in annual maximum accrual rate for vacation from 320 hours to 400 hours (cash out at straight pay upon reaching maximum -- this allowance discontinues after one year unless agreement to extend) Increase in maximum earning of compensatory time off from one hundred forty (140) hours to one hundred sixty (160) hours Increase in HBPOA "release time" from 800 hours to 1040 hours per year to conduct non -Meyers Milias Brown Act (MMBA) association business during scheduled work hours ❖ OTHER Contract Language Updates (New and/or Clarified) Provision for no pyramiding of special pays Provision for effective date of pay on all special certification/skill pay to be first full pay period prospectively Provision on effective and ending date of health coverage for employee and/or qualified dependent(s) Provision for PERS reporting of City provided uniforms Expanded definition of family in Bereavement Leave 4110 Work Schedule defined Allowance of an employee to use earned general leave in the first six months of employment Provision for identifying the process on the collection of payroll overpayments Provision on overtime applicable to all work schedules Change in City vehicle use policy from twenty-five (25) miles to thirty-five (35) miles distance from City limits to employee's home and addition of eligible assignments: Detective, Motor Officer, K-9 Officer, and Reconstruction Accident Investigator City compliance with State and Federal leave benefit entitlement laws and the allowance of an employee to use earned leaves (sick, compensatory time off) during an approved leave of absence Employee contributions to deferred compensation must be made at the time that an employee is actively employed by the City; therefore, an employee's election to transfer the cash value of earned leave into deferred compensation must be made prior to separation from employment Bilingual Skill pay shall be effective the first full pay period following certification Update Retiree Medical Subsidy Plan to reflect current practice Update City Personnel Rules by incorporating negotiated Rule changes that are in the MOU Adoption of Voluntary Catastrophic Leave Donation Program Agreements During Term of Contract Meet and confer between the City and HBPOA to: Update the Employee -Employer Relations Resolution to reflect current State law Establish a Drug Testing Policy based upon reasonable cause Work schedule change for School Resource and Community Oriented Policing (COP) Officers from a 7111.25 work schedule to 4/10 Work schedule change for Traffic and Communications Center (one year pilot with quarterly review to determine continuation) employees from 4110 to 7/11.25 work schedule ATTACHMENT #2 RESOLUTION NO. 2 0 0 5 -1 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH PEACE OFFICERS' ASSOCIATION (POA) AND THE CITY OF HUNTINGTON BEACH FOR 10/01 /03 THROUGH 03131 /06 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, 2003, through March 31, 2006, PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of February 7200 5 . REVIEWED AND APPROVED: y ity Admi istrator APPROVED AS TO FORM: jiiVtyAt�tomey INITIATED AND APPROVED: Director of Administrative Ur4ces 05reso/POA Mou/l/21/05 Memorandum of Understanding between Huntington Beach Police Officers Association and City of Huntington Beach October 1, 2003 -- March 31, 2006 POA MOU PREAMBLE-•-----•.............................................................................•---........................................1 ARTICLE1 - TERM OF MOU.......................................................................................................1 ARTICLE 11- REPRESENTATIONAL UNITICLASS................................................................... I ARTICLE III - MANAGEMENT RIGHTS......................................................................................3 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT......................................................3 ARTICLE V - SEVERABILITY.....................................................................................................3 ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP......................................................... 3 D. Senior Detention Officers................................•---------...............---........---------.............---......... 4 E. Collection of Payroll Overpayments...................................................................................... 4 ARTICLEVII SPECIAL PAY....................................................................•---............................. 5 A. Police Educational Incentive Plan........................................---.........................------...............5 B. Flight Pay.............................•--................................------------........------..........---------................6 C. Certified Flight Instructors......................................•------•--.......................--------...................... 6 D_ Shift Differential........................................................•...........................------...........................6 E_ Senior Officer Program......................................................................................................... 6 F. Motor Pay............................................................................................................................. 7 G. Bilingual Skill...............................................................•-------........-----............--------.............--- 7 H. Holidays... ........................................ .................................................................................... 8 I. FTO Compensation...............................................................................................................8 J_ Longevity Pay.......................................................•---..........................---------...........---........... 9 K. Effective Date of Special Pays.......................................................•------•--............----.............9 L. No Pyramiding of Special Pay.............................................................................................. 9 M. Reporting to PERS................................................................................................................9 ARTICLE V111- UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT.......................................9 A. Uniforms......... 9 B. Special Assignment Uniform Needs...................................................................................... 9 C. Motorcycle Britches............................................................................................................... 9 ARTICLE IX - HOURS OF WORK/OVERTIME .........................................................................10 A. Work Schedule...................................................................................................................10 3. 7111.5 Plan ............................................. 10 4. Overtime .......................................................................................................................... 11 5. Permanent Part-time Employees.....................................................................................11 B. Other Time............................................................................................................ 11 1. Compensatory Time...-•..................................................................................................11 .2. Work Time ............................... ........................................................................................ 12 3. Supoena Compensation.................................................................................................12 4. Non -Court Standby Time--------•........................................................................................13 POA MOU 2003 - 2006 POA MOU 5. Call Back ........................................................ ..13 6. Telephonic Business ........................ .............................................. ................................. 13 7. Pay In Lieu of Compensatory Time------•......................................................................... 13 8. K-9 Compensation ........................................................................................................... 13 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS.........................................14 A. Health..................................................................................................................................14 1. Cal PERS Public Employees' Medical and Hospital Care Act .......................................... 14 a. PEMHCA Employer Contributions ............................. ............................... ............................................. ......................... 14 b. Maximum Employer Contributions..................................................................__._..................__........................_...............15 2. Dental and Vision Insurance............................................................................................15 3. Retiree (Annuitant) Coverage.........................................................................................15 a. City Contribution for Retirees..........................................................................................................................................15 b. Termination of Participation in the Cal PERS PEMHCA program - Impact to Retirees..................................................16 4. Additional Costs for Participation in the PEMHCA program...............................................16 a. Retiree and/or Annuitant Coverage................................................................................................................................16 b. Termination Clause........................................................................................................................................................17 5. Medical/Vision Cash -Out ........................................................ ................................... ......17 6. Section 125 Employee Plan ............................................ .....17 7. Life Insurance.......................................................----------............................---------............17 a. Income Protection Plan..................................................................................................................................................18 8. Health Savings Account......-------------•..............................................................................18 ARTICLE XI - RETIREMENT.....................................................................................................18 A. Safety Employee Retirement Benefits...............................................•------•.........------...........18 1. 3% @ Age 50 Plan------•....................................•----------------.........----................----.............18 2. 1959 Survivors' Benefit Level IV...............................................................•--------..............18 3. Pre -retirement Optional 2 Death Benefit ..........................................................................18 4. One -Year Final Compensation...............................................................•---.............---.....18 B. Misc. Employee Retirement Benefits..................................................................................19 1. 2% @ Age 55 Plan.................:..............•....................................-----..........------•...........---_ 19 2. 1959 Survivors' Benefit Level IV..............................................•...............................------..19 3. Pre -Retirement Optional Settlement 2 Death Benefit......................................................19 4. One -Year Final Compensation.. ...................................................................................... 19 C. Retirement Benefits for Safety and Misc. Employees.........................................................19 1- Retirement Benefits for Safety and Miscellaneous Employees.......................................19 ARTICLE XII - LEAVE BENEFITS............................................................................................19 A. Vacation.........................----------...................---...................-----........----------..........---------........19 1. Anniversary Date.............................................................................................................19 2- Annual Vacation..............................................................................................................19 3. Vacation Accrual............................................................................................................. 20 4. Eligibility and Permission ......................... ........................................................................ 20 5. Vacation.......................................................................................................................... 20 6. Vacation Pay at Separation .................................................... .---------............................... 20 7. Receipt of Vacation Pay•................................................................................................. 21 8- Conversion to Cash........................................................................................•--- ...21 B. Sick Leave..............•--•--••-•---.........-•--------------..................................-----............................... 21 POA MOU 2003 — 2006 POA MOU C. Bereavement Leave. ............................................................................. .............................21 D. Leave Benefits Entitlement--•--.-•...................................................................... .................. 21 E. Voluntary Catastrophic Leave Donation Program................................................................ 21 F. Weekend Military Drills........................................................................................................21 G. Nurse Employees Certification ............................................. .............................................. 22 H. Deferred Compensation/Leave Benefit Cashout................................................................. 22 L. Association Business ................................................... .................................. ----...............22 ARTICLE Xlli - CITY PERSONNEL RULES.............................................................................. 22 ARTICLE XIV - MISCELLANEOUS...........................•-.............................................................. 22 A. Tuition Reimbursement.......................................................................................................22 B. Meal Allowance..................................................................................................................23 1. Per Diem................•-------------......................---.--............... 2. Per Diem Schedule.......................................................................................................... 23 C. Mileage Allowance............................................................................................................. 23 D. Weapon Vesting.......................................................................•-• ... 23 E. Random Drug and Alcohol Testing.......................•------------................................-----............ 23 F. Take Home Vehicles...........................................................................................................24 G. Employee - Employer Relations Resolution........................................................................ 24 H. Use of Departmental Communications Systems................................................................. 24 ARTICLE XV - CITY COUNCIL APPROVAL............................................................................ 25 EXHIBIT A - POLICE OFFICERS SALARY SCHEDULE.......................................................... 26 EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME ................... 27 EXHIBIT C — SERVICE CREDIT SUBSIDY PLAN.................................................................... 29 EXHIBIT D - ADMINISTRATIVE APPEAL PROCEEDURE...................................................... 32 EXHIBIT E - INCOME PROTECTION PLAN............................................................................. 36 EXHIBIT F - VOLUNTARY CATASTROPHIC LEAVE DONATION .......................................... 38 EXHIBIT G - JOB SHARING PROGRAM..........................•-----..........---••-.................................. 42 - 1v - POA MOU 2003 - 2006 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, 2003 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, 2003 and ending at midnight on March 31, 2006 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 11- 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 Manager 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 POA MOU 2003 - 2006 POA MOU having completed its obligation to meet and confer on the issue with all other bargaining units. The CITY hereby agrees not to propose a unit modification of the existing POLICE ASSOCIATION unit and that the existing POA unit is the appropriate unit to represent the classification listed in Exhibit A. The proposed change to the Employer -Employee Relations Resolution is as follows: 1 _ Human Resources_ Manager Motion of Unit Modification - The Human Resources Manager 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 Manager 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 Manager'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 Manager 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 andlor sent by the CITY to affected employees; b. Following receipt of the Human Resources Manager'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. -2- POA MOU 2003 - 2006 POA MOU ARTICLE III - MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Police Chief 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 Police Chief 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 hourly 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. 1. Effective the first full pay period that includes October 1, 2003, and for fiscal year 2003- 2004, all bargaining unit employees shall receive no wage increase. 2. Effective the first full pay period that includes October 1, 2004, all bargaining unit employees shall receive a 4% wage increase. 3. Effective the first full pay period that includes October 1, 2005, all bargaining unit employees shall receive a 4% wage increase. -3- POA MOU 2003 - 2006 POA MOU B. Each civilian 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. 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 unless modified by Article XI Retirement. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. D. Senior Detention Officers -- 1. Effective the first full pay period following Council ratification of this agreement, the rate of pay for Senior Detention Officer shall be approximately 14.5% higher than the Detention Officers, from top step to top step, which is the same spread as existing between Communications Operator and Communications Operator Supervisor. 2. Any reclassification for the classification of Senior Detention Officer during the term of this agreement shall not result in a pay increase. E. Collection of Payroll Overpayments - ln the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee could have reasonably known about such over payment, the City will take action to collect from the employee the amount of over payment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of over payment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation over payments caused by or the result of misinterpretation of a pay provision by non - authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council_ Unauthorized compensation payments shall not constitute a past practice. -4- POA MOU 2003 - 2006 POA MOU 11:49ly11141V/IM-1;XNI-I111111:7_\'1 A. Police Educational Incentive Plan I . 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 Colle Maximum Years of College Incentive Certificate ge Training HBPU Units Biweekly Level Units Service Required Amount Annually 01/01/01 Units Points I Intermediate 30 20+ 10 1 6 $53.08 11 Intermediate 60 40+ 20 1 3 $78.46 III Advanced 90 60+ 30 2 3 $152.31 IV Advanced 120 0 3 3 $152.31 V Advanced 150 120 30 3 0 $152.31 + 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 Police Chief b. Initial eligibility must be approved by the Police Chief. An acceptable yearly performance evaluation, signed by the Police Chief, 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, and 30 of 90. d. After 120 units of B.A. or POST approved training points may be substituted for college units without limit. e_ Repeat college courses credited as determined by the college. -5- POA MOU 2003 — 2006 POA MOU f. Repeat POST approved seminars, institutes, etc., credited as determined by the Chief of Police_ g. All college units require grade of "C" or better to qualify- h. Obtaining transcripts or other acceptable documentation is 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. Effective the first full pay period following Council ratification of this agreement, the City shall convert the $500 per month Flight Pay to 8% of base salary per month. C. Certified Flight Instructors - Employees assigned as certified flight instructors shall receive $800 per month as flight pay. Effective the first full pay period following Council ratification of this agreement, the City shall convert the $800 per month Certified Flight Instructor pay to 13% of base salary per month_ D_ Shift Differential —Civilian 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. -6- POA MOIL 2003 -- 2006 POA MOU The maximum number of Senior Officers within the Police Department shall be sixty- three (63). Effective the first full pay period following Council ratification of this agreement, the City shall eliminate the Senior Officer Program. 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. Effective the first full pay period following Council ratification of this agreement, the City shall convert the $300 per month Motor pay to 5% of base salary per month_ The Department shall supply necessary materials needed to perform the following duties: a. Keeping the assigned motorcycle cleaned and waxed. b. Keeping the drive chain properly lubricated and adjusted. c. Performing a daily check of the motorcycle fluid levels and tire pressure. d. Scheduling required routine services at specified mileage intervals with police motorcycle mechanics. G. Bilingualal! 1. Bilingual - Qualified employees who meet the criteria will be paid a 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. -7- POA MOU 2003 - 2006 POA MOU c_ Successful completion to qualify for differential on an annual basis. H. Holidays of tests authorized by the Police Chief will be required pay for any of the languages. Retesting may be done I- Holiday Pay _ Employees represented by the ASSOCIATION and actively employed by the City, in addition to regular compensation, shall receive each biweekly payroll 1126 of the total holiday hours (80) earned for the year. 2. Holidays Worked - Employees who work on a recognized City holiday shall be compensated at their overtime rate for time actually worked from 12:00 A.M. through 11:59 P.M. 3. Holidays - The following are the recognized legal holidays under this MOU: a) New Year's Day (January 1) b) Martin Luther King's Birthday (third Monday in January) c) President's Day (third Monday in February) d) Memorial Day (last Monday in May) e) Independence Day (July 4) f) Labor Day (first Monday in September) g) Veteran's Day (November 11) h) Thanksgiving Day (fourth Thursday in November) i) Friday after Thanksgiving j) Christmas Day (December 25) I. FTO Compensation - Compensation shall be ten (10) hours of straight compensatory time or straight time pay for each cumulative 40 hour block of actual field training for the following: 1. 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. 2. Detention Officers designated to act as training officers. 3. Motor officers designated to act as training officers. 4. Communication Officers designated as Training Officers -s- POA MOU 2003 - 2006 POA MOU J. Longevity Pay - Effective the first full pay period following Council ratification of this agreement, the City shall provide all sworn officers the following longevity pay as established by the Department's Sworn Personnel Seniority List: 1. 5% of base salary at 10 years of service 2_ 10% of base salary at 20 years of service 3. At the time of Council ratification of this agreement, anyone presently in the Senior Officer program who has under ten years of service will receive 5% longevity pay until their 20th year of service. K. Effective Date of Special. Pays — All special pay shall be effective the first full pay period following certification and verification as approved by the Police Chief or designee. L. No Pyramiding of Special Pa - Each special pay that is a percentage of base salary shall not be counted towards the value of any other special pay. M. Reportinq to PERS - Subject to State law and regulations, compensation paid as a result of this Article shall be reported to PERS as special compensation. ARTICLE Vlll - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms - 1 . 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 Vt. Employees hired after January 1S' 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 Police Chief. 2. PERS Reporting of Uniforms - The CITY shall report to the California Public Employees' Retirement System (CaIPERS) the uniform allowance for each sworn and civilian classification as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). B. Special Assignment Uniform Needs Uniforms and equipment for special assignments 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. -9- POA MOU 2003 - 2006 POA MOU ARTICLE IX - HOURS OF WORKIOVERTIME A. Work Schedule: The work schedules agreed to by the City and the ASSOCIATION during negotiations have been fully implemented and shall remain in effect during the life of this agreement unless the ASSOCIATION and the CITY agree to changes. 2. The 4/1 0-work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, Police Chief or designee, may require such service from any of said employees. All employees not assigned a different work schedule pursuant to this article shall work a 4110 schedule consisting of 4 consecutive 10 hours days followed by 3 consecutive days off. 3. 7/11.5 Plan — The 7/11.5" work schedule will be implemented for designated employees of the Uniform Division and Jail only and shall consist on a 14-day 7(K) FLSA work week, except as agreed to below in 3c, 3d and 3e. The parties agree to meet and confer on the 7/11.5 work schedule for those employees non-exempt under FLSA 7(K) if the City determines there is an unreasonable volume of overtime for those employees based on the 7/11.5 work schedule. a. Workday — A workday for employees assigned to the 7111.5 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 25minutes a day, the "work period" will consist of two consecutive weeks with 3 consecutive shifts of 11 hours and 25 minutes in one week and 4 consecutive 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. Traffic Division — Effective the first full pay period following Council ratification of this agreement, the Association agrees that bargaining unit employees assigned to the Traffic Division will be assigned the 7/11.5 work schedule. At the conclusion of the term of this MOU, the 7/11.5 work schedule sunsets (discontinues) unless the City and the Association agree to continue the schedule. d. Communications Center -- Effective the first full pay period following Council ratification of this agreement, the Association agrees that bargaining unit employees assigned to the Communications Center will be assigned the 7/11.5 work schedule for one quarter of a year. This schedule will be evaluated by the -10- POA MOU 2003 - 2006 POA MOU Police Chief and the Association every 90 days (quarterly) after implementation. If either party determines the schedule is ineffective, the Communications Center will return to the 4/10 schedule the first pay period following thirty (30) days notice. e. Aero bureau, School Resource and Team C.O.P. Officers — Effective the first full pay period following Council ratification of this agreement, employees assigned to Aero bureau, School Resource and Team C.O.P. officer programs shall be assigned the 4/10 work schedule. f. Beach Schedule - Employees assigned to the Beach detail may be assigned a fixed schedule that incorporates a consecutive two 8-hour days and two 12- hour days in a workweek_ 4. Overtime - Employees shall receive their over -time rate compensated at the rate of one and one-half their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or 80-hour work period for all work schedules outlined in this article (Article IX A. Work Schedules). 5. Permanent art -time em to ees — Permanent part-time employees shall receive their overtime compensated at the rate of one and one-half their regular rate of pay for all time worked in excess of forty (40) hours in a work week. All hours worked in excess of their regularly scheduled work week shall be paid at their straight salary rate up to forty (40) hours in the work week. B. 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, from October 1, 2003, through the first full pay period following Council ratification of this agreement, the parties agree to establish such a bank with the maximum limit of 140 hours. Effective the first full pay period following Council ratification of this agreement, the City shall increase the maximum limit of the Compensatory Time bank to 160 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. -11- POA MOU 2003 - 2006 POA MOU 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 concemed. 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 80 hour work period, the following shall be included in determining the eligibility for 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. Subpoena_ compensation a. Court Appearance Time- Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours overtime pay; provided, however, that if such time overlaps with the employee's scheduled working hours, said rate shall be limited to those hours occurring prior to or after the employee's scheduled work time. -12- POA MOU 2003 - 2006 POA MOU Effective the first full pay period following Council ratification of this agreement, the City shall recognize administrative subpoenas the same as criminal and civil, including subpoenaed hearings conducted by telephone. Telephone Business under subpoena is differentiated from Telephonic Work as described in Section 6 below. b. 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. Court standby time shall be specifically excluded for the purpose of computing the 40-hour workweek. c. Cancelled Subpoenas - Employee shall receive two (2) hours of straight pay for subpoenas cancelled with less than 24 hours notice. 4. 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. 5. Call Back - Employees who are called back to work will be paid a minimum of two hours pay at the overtime 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. 6. 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.) 7. Pay In Lieu of Compensatory Time - Twice 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. 8. K-9 Compensation - Employees assigned to K-9 duty shall be paid for the off -duty care, feeding and grooming of their canine and the routine, off -duty canine -related maintenance of their canine car. The City and the Association have considered the time that canine officers typically spend on off -duty canine care, and determined it to be fifteen (15) hours per month. -13- POA MOU 2003 -- 2006 POA MOU From October 1, 2003, through the first full pay period following Council ratification of this agreement, employees assigned to K-9 duty shall receive fifteen (15) hours of compensatory time off per month for time spent off -duty canine care. Effective the first full pay period following Council ratification of this agreement, canine officers shall be paid 15 hours per month of overtime rate of pay based on the canine care salary rate. The canine care salary rate shall be two-thirds of the canine officer's base pay rate, excluding any specialty or similar pays. In addition to the fifteen hours of pay per month described in the preceding paragraph, canine officers shall be paid for off -duty veterinary visits and extraordinary off -duty care, provided that, absent an emergency, the officers shall obtain supervisor approval for such care and shall submit payroll exception slips. Any such additional canine compensation shall be paid at their overtime rate. ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS A_ Health The City shall continue to make available group medical, dental and vision benefits to all Association employees. The effective date for medical, dental and vision coverage is the first of the month following date of hire. 1. CalPERS_ Public Employees' Medical and Hospital Care Act The City presently contracts with CalPERS to provide medical coverage. The City is required under CaIPERS PEMHCA to make a contribution to retiree medical premiums. 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 Ca1PERS for medical insurance. In addition, while the City is in CaIPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions 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. If the mandated minimum is increased from these figures, the City shall make the appropriate adjustments by decreasing its cafeteria contribution_ 2004 $32.20 2005 $48.40 2006 $64.60 -14- POA MOU 2003 - 2006 POA MOU b. Maximum Employer Contributions For the term of this agreement, the City's maximum monthly employer contribution for each employee's health and other insurance premiums are set forth in the charts below. The amounts listed below include the mandated PEMHCA contribution. PERS PERSCARE PERSCHOICE PORAC PERS Delta Delta BS KAISER Dental Dental VSP HMO (PPO) (HMO) Vision EE $274.03 373.77 373.77 373.77 274.03 $42.88 $23.00 $17.58 EE + 555.51 702.25 702.25 702.25 555.51 1 81.82 39.11 17.58 EE + 720.18 851.34 851.34 851.34 720.18 2 or 116.36 59.81 17.58 more The employee shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. 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 as stated in the table above for the term of this agreement, even if premiums increase. Employee contributions shall be made by payroll deductions on a pre-tax basis_ 2. Dental and Vision Insurance Beginning January 1, 2005, the annual maximum benefit for the Delta Dental PPO plan will increase from $1000 to $2000. 3. 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 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. a. City Contribution (Unequal Contribution Method) for Retirees 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 -15- POA MOU 2003 — 2006 POA MOU 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 b_ Termination of Participation in the CaLPERS PEMHCA program — Impact to Retirees 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. 4. Additional Costs for Participation in the PEMHCA program a. Retiree and/or Annuitant Coverage 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.d.i provides an example of expected payments per retiree or annuitant per month. In the event of passage of State Legislation, Judicial Rulings, or CaIPERS Board Actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. -16- POA MOU 2003 - 2006 POA MOU 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) T $500, which is then divided by the number of employees receiving supplemental benefits- b. Termination Clause The City and Association may each request termination of the City's contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer's contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS .PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 5_ MedicalNision 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. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. 6. 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 unreimbursed medical expenses as determined by the Internal Revenue Code. 7. Life Insurance The City will provide $50,000 term life insurance and $50,000 accidental death and dismemberment 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. -17- POA MOU 2003 - 2006 POA MOU a. Income Protection Plan The program shall be subject to the terms and conditions contained in the agreement between the parties attached hereto and incorporated herein as Exhibit "E". 8. Health Savings Account The City shall implement a voluntary health savings account plan during the term of the agreement for the purpose of allowing employees the opportunity to fund post medical retirement health premiums. ARTICLE XI — RETIREMENT A. Safety Employee Retirement Benefits: 1. 3% (7 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 eamable 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_C 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.BA shall be reduced to 6.75% of the employee's compensation earnable. 2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574) - Members of the City's safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre -retirement Optional 2 Death Benefit (California Government Code Section 21548) — Safety EmpL9 yees -As soon as practicable, however no later than the expiration of this agreement, the City shall implement the Pre -Retirement Optional 2 Death Benefit for all safety employees. 4. One -Year Final Compensation (California Government Code Section 20042) -18- POA MOU 2003 - 2006 POA MOU B. Miscellaneous Employee, Retirement Benefits 1. 2 % (@ Lkge__55 Plan (California Government Code Section 21354) — 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. 2.1959 Survivors' Benefit Level IV California Government Code Section 21574) - Members of the City's miscellaneous retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre -Retirement Optional Settlement 2 Death Benefit California Government Code Section 21548) Members of the City's miscellaneous retirement plan shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit 4. One -Year Final Compensation (California Government Code Section 20042,E C_ Retirement Benefits for Safety and Miscellaneous Employees 1. 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.) 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: -19- POA MOU 2003 - 2006 POA MOU 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. G. Employees on leave of absence. 3. Vacation Accrual - 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 (4.31 biweekly). 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 (5.23 biweekly). 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 (6.15 biweekly) d. After the fifteenth year and thereafter of continuous service, vacation time will be accrued at the rate of 192 hours per year (7.38 biweekly). 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 a. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of 400 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. b. Vacation accumulated in excess of the four hundred (400) hour cap shall be paid in cash at the straight time hourly rate on the first pay day following such accumulation. This provision shall sunset (discontinue) at the expiration of this agreement unless both the City and the Association agree to continue this provision_ 6. Vacation Egy at Separation - An employee shall be paid for unused vacation upon separation of employment at which time such separating employee shall receive compensation at hislher current regular rate of pay for all unused, earned vacation -20- POA MOU 2003 - 2006 to which he/she is entitled up to and including the effective date of his/her separation. 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 at his/her current regular rate 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. Sick Leave - All swom personnel and civilian personnel represented by the ASSOCIATION shall have a maximum of 60-calendar day's 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 separation of employment from the City. C. 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, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. D_ Leave Benefits Entitlement - Employees will be allowed to use up to one-half of their Sick Leave entitlement described in sub -section (B) for family sick leave, pursuant to the provisions of California Labor Code Section 233, for an employee to care for a child, parent, or spouse during illness_ The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The City shall comply with all State and Federal leave benefit entitlements laws. An employee on an approved leave shall be allowed to use paid Sick Leave and earned Vacation, and/or Compensatory Time for the duration of the approved leave. E. Voluntary Catastrophic Leave Donation „Program - Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit F. F. 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 - 29 - POA MOU 2003 - 2006 POA MOU units. All other employees shall be granted rights in accordance with all applicable state and federal laws. G. Nurse Employees Certification - The City shall allow licensed nurse employees time off with pay to attend required courses necessary to maintain certification requirements. H. Deferred Compensation/Leave Benefit Cash Out - The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation from employment, but only during the time that the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. 1. 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. Effective with fiscal year 2004-2005, the City shall increase the Association's time bank to one thousand -forty (1040) hours. ARTICLE XIII - CITY PERSONNEL RULES All MOU provisions that supercede the City's Personnel Rules shall automatically be incorporated into the City's Personnel Rules as applicable. ARTICLE XIV — MISCELLANEOUS A. Tuition Reimbursement - Education costs shall be paid to civilian 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, permanent 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 Manager - 22 - POA MOU 2003 - 2006 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. B. 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 C. 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. D. 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. E. Random Drug and Alcohol Testing - The City and the Association agree to meet and confer during the term of this agreement to establish a drug and alcohol testing policy based upon reasonable cause. -23- POA MOU 2003 - 2006 POA MOU F_ Take Home Vehicles Distance to Work -- Effective the first full pay period following Council ratification of this agreement, the City shall increase from 25 miles to 35 miles the distance allowed from the City limits to the home of an employee assigned a take home vehicle. The following unit classifications shall be allowed to take a City vehicle home under this provision: Detectives, Motor Officers, K-9 Officers, Personnel Officers, Team C.Q.P. Officers and Reconstruction Accident Investigators. Employees who take a City vehicle home are expected to be reasonably available to respond to work -related activities; however, there is no restriction of the employee's off - duty activities implied or intended by this expectation. G. Employee — Employer Relations Resolution During the term of the agreement, the City and the Association agree to meet and confer to update the Employee -Employer Relations Resolution to reflect current State law. H. Use of Departmental Communications Systems. By agreement, the policy "Use of Departmental Communications Systems", adopted by side letter in 2002, has been incorporated into the Police Department Policy Manual. -24- POA MOU 2003 - 2006 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 7t-tL day of Farr.4ar-y , 2005. CITY OF HUNTINGTON BEACH By: cl-�A Penelope Culbreth-Graft, o City Administrator HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION By: z�-glza Russell Reinhart By: By: Ken Small Poli e Ghief By: 7 rma You efieh Human Resources Manager M r u in r Po ' e Lieu ant Renee Mayne Chief Negotiator APPROVED AS TO FORM BC—OL-- Jennifee McGrath City Attorney POA President Kr idler POA Vice President N-4E4� a��0 � UJe s P A Secretary By. �� 0—Q Corwin Bales POA Treasurer -25- POA MOU 2003 - 2006 POA MOU EXHIBIT A CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE Effective September 25, 2004 Job Code Classification Range A B C D E 0280 Communications O erator-PD 462 $21.82 $23.02 $24.29 $25.63 $27.04 0281 Communications Su ervisor-PD 489 $24.99 $26.36 $27.81 $29.34 $30.95 0221 Detention Officer 461 1 $21.73 $22.92 $24.18 $25.51 $26.91 0220 Detention Officer, Nurse 471 $22.83 $24.09 $25.42 $26.82 $28.30 0222 Senior Detention Officer 488 $24.86 $26.23 $27.67 $29.19 $30.80 0225 Police Recruit 433 $18.89 $19.93 $21.03 $22.19 $23.41 0223 Police Officer 506 $27.19 $28.69 $30.27 $31.94 $33.70 0224 Senior Police Officer 518 $28.87 $30.46 $32.14 $33.91 $35.78 Effective September 24, 2005 Job Code Classification Range A B C D E 0280 Communications Operator-PD 470 $22.73 $23.98 $25.30 $26.69 $28.16 0281 Communications Supervisor-PD 497 $26.01 $27.44 $28.95 $30.54 $32.22 0221 Detention Officer 469 $22.63 $23.87 $25.18 $26.56 $28.02 0220 Detention Officer, Nurse 479 $23.76 $25.07 $26.45 $27.91 $29.45 0222 Senior Detention Officer 496 $25.89 $27.31 $28.81 $30.39 $32.06 0225 Police Recruit 441 $19.68 $20.76 $21.90 $23.10 $24.37 0223 Police Officer 514 $28.30 $29.86 $31.50 $33.23 $35.06 -26- POA MOU 2003 - 2006 POA MOU EXHIBIT B GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME A. Any substantial' time used for the Huntington Beach Police Officers' Association business while the member is using that time, is on a working status and this time will be deducted from the Association Bank, as per the Memorandum of Understanding. B. Any Association member desiring to use Association time, while they are on duty, shall obtain permission for their immediate supervisor, then from the President of the Association. An Association member shall, on all but emergency situations, give adequate advance notice to his/her supervisor when requesting time off for Association business. If the employee's absence is less than one hour, use of Association bank time is not required. If the employee is away from work in excess of one hour, an Association book -time slip for all time away from work is required. In the event that the President of the Association is not available to grant permission, the Vice -President will then have the responsibility to make the appropriate decision. If the Association member's immediate supervisor will not grant the person who is requesting time off for Association business, then the President shall be immediately notified by the member. If the business is of such a nature that it must be conducted by that particular Association member, then the President will take the matter to the Division level and every effort will be made to resolve the issue. C. Any member using Association time, while on duty, will submit an Association Bank Time Form and an overtime request form to the President. The member must write on top of the overtime form "ASSOCIATION BANK TIME OFF" and the payroll exception form will be signed by the supervisor and the President of the Police Officers' Association or his representative. The communique will have the exact time and date that was used for the Association business, the location where the business was conducted. D. Those Association members that may use the Association Bank are: 1. President of the Huntington Beach Police Officers' Association 2. Board of Directors of the Huntington Beach Police Officers' Association. ' 1. Substantial time, being defined as that time in excess of one hour and where the Association member is not available for duty until the Association business is concluded. -27- POA MOU 2003 — 2006 POA MOU 3. Members assigned to committees designated by the President or the Board of Directors. 4. PORAC Representative. 5. Any other Association member designated. E. All memorandums and payroll exemption forms will be forwarded to payroll and the copies will be seat to the Secretary of the Association for accounting purposes. -28- POA MOU 2003 - 2006 POA MOU 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. Employees who have retired since October 1, 2003 to the date of ratification of this contract, and are eligible for the Service Credit Subsidy but did not elect it at the time of retirement, shall again be offered the medical Service Credit Subsidy. 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 (Ca1PERS). 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. 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 Service Credit Subsidy may be adjusted downward or eliminated. b. 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. -29- POA MOU 2003 - 2006 POA MOU 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. Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $120. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. 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_ 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: Service Credit Years of Service 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 15t 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. -30- POA MOU 2003 — 2006 POA MOU 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. 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. -31- POA MOU 2003 - 2006 POA MOU 1 1:1.11-31931 ADMINISTRATIVE APPEAL PROCEDURE 1. Authoritv 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 provision is intended to establish the Administrative Arbitration Panel to hear appeals from public safety officers. This provision only applies to an "Action" as defined above in "b." It does not apply to a non -punitive transfer imposed on a public safety 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 Police Chief, 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. -32- POA MOU 2003 - 2006 POA MOU c. The panel member selected by the - Police Chief, the POA, and the panel member selected by the - Police Chief and the POA shall each select one alternate to the panel to serve in place of a panel member in case of conflicts of interest. d. A Panel member will serve one year. 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 — Police Chief 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. Hearing 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 -33- POA MOIL 2003 -- 2006 POA MOU 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, they may do so provided that they notify the opposing party. 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 - Police Chief 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. 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., a non -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 bythe 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 - Police Chief 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) ➢ Other Recommendation(s) to the Police Chief -34- POA MOU 2003 - 2006 POA MOU f_ In the event an officer's "Action" is Sustained, they 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. -35- POA MOU 2003 - 2006 POA MOU EXHIBIT E 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: 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 employees 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 expenses incurred for administering the program. 7. The City shall provide the HBPOA with a biweekly report of covered employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9. Upon request, the HBPOA 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 complete_ d 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; -36- POA MOU 2003 - 2006 POA MOu EXHIBIT E 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; fi. 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. -37- POA MOLD 2003 - 2006 POA MOU EXHIBIT F VOLUNTARY CATASTROPHIC LEAVE DONATION Guideline 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time .may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave sharing program is City-wide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2_ Definitions Catastrophic Illness or Injury A serious debilitating illness or injury which incapacitates the employee or an employee's family member. 3. Eligible_Leave Accrued compensatory, vacation or general leave credits may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. Family Member For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). -38- POA MOU 2003 - 2006 POA MOU 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee who • Accrues vacation or general leave • is not receiving disability benefits or Workers' Compensation payments; • Requests donated leave 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential, and irrevocable. Hours donated will be converted into a dollar amount, based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours, based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources division (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each biweekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Division, at 374-1567 if you have questions regarding staff participation in this program. -39- POA MOIL 2003 - 2006 POA MOU Voluntary Catastrophic Leave Donation Program Request Form According to the provisions of the Leave Donation Program, 1 hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: • A leave of absence in relation to a catastrophic illness or injury has been approved by my department; • 1 am not receiving disability benefits or Workers' Compensation payments. Please return to Human Resources Division, Department of Administrative Services for processing. -40- POA MOU 2003 — 2006 POA MOU Voluntary Catastrophic Leave Donation Program Leave Donation Form uonor, please complete 3 Donor Name: (Please Print) orlc Phone: Donor Job Title: of Vacation, Comp or General leave I Wish to Donate: I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Sharing Program for: recipient employee's name: nor Signature Please submit to payroll in the Human Resources Division, Administrative Services Department -41 - POA MOU 2003 — 2006 POA MOU Exhibit G Job Sharing Program 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. -42- POA MOU 2003 - 2006 POA MOU 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. The remaining partner will return to full time when the sharing partner leaves the position, unless replaced by another qualified job share employee. 4. ,lob 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 employees cannot work specialty assignments (i.e. SWAT, Beach Detail, HNT). S. Job Sharing would be limited to the five (5) year term. Job sharing candidates leaving the position would be eligible for re-entry after one year in patrol. -43- POA MOU 2003 - 2006 Res. No. 2005-11 STATE OF CALIFORNIA COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH } 1, JOAN 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 7fh of February, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Green, Bohr, Cook NOES: None ABSENT: Hardy ABSTAIN: None Q044i 0�- jvl� My Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS` ASSOCIATION COUNCIL MEETING DATE: February 7, 2005 .. ....... ....... ..... .... RCA ATTAC'HM'ENTS ........ STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (wlexhibits & 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 Attomyj 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 FO'R RETURN OF ITEM: RCA Author: Irma Youssefieh 4 Jennifer McGrath City Attorney February 18, 2005 OFFICE OF CITY ATTORNEY P.O. Box 190 2000 Main Street Huntington Beach, California 92648 Telephone: (714) 536-5555 Facsimile: (714) 374-1590 Paul D'Alessandro, Assistant City Attorney Scott Field, Assistant City Attorney Neal Moore, Senior Deputy City Attorney Lee Burke, Deputy City Attorney John Fujii, Deputy City Attorney Leonie Mulvihill, Deputy City Attorney Sarah Sutton, Deputy City Attorney Russell Reinhart President, Huntington Beach Police Officers Association C-, Re: Off -Duty Canine Care Pay Dear Mr. Reinhart: The City and HBPOA are expected to enter into a new MOU on February 7, 2005. Regarding I- 9 Compensation, the MOU reads as follows: "K-9 Compensation — Employees assigned to K-9 duty shall be paid for the off - duty care, feeding and grooming of their canine and the routine, off -duty canine - related maintenance of their canine car. The City and the Association have considered the time that canine officers typically spend on off -duty canine care, and determined it to be fifteen (15) hours per month. From October 1, 2003, through the first full pay period following Council ratification of this agreement, employees assigned to K-9 duty shall receive fifteen (15) hours of compensatory time off per month for time spent [on] off -duty canine care. Effective the first full pay period following Council ratification of this agreement, canine officers shall be paid 15 hours per month of overtime rate of pay based on the canine care salary rate. The canine care salary rate shall be two-thirds of the canine officer's base pay rate, excluding any specialty or similar pays. In addition to the fifteen hours of pay per month described in the preceding paragraph, canine officers shall be paid for off -duty veterinary visits and extraordinary off -duty care, provided that, absent an emergency, the officers shall obtain supervisor approval for such care and shall submit payroll exemption slips. Any such additional canine compensation shall be paid at their overtime rate." The first purpose of this letter is to confirm that the MOU constitutes an agreement for paying a fixed amount of compensation for at-home because of the difficulty in calculating the actual time worked, within the meaning of Department of Labor Regulation 29 CFR § 785.23. The second Russell Reinhart February 18, 2005 Page 2 purpose is to provide instructions to the City Payroll Department on how to calculate the amount of off -duty canine care pay. Regarding the existence of an off -duty pay agreement, the FLSA requires employers to pay overtime wages equal to one and one-half times the employee's regular rate for work performed in excess of 86 hours per two weeks for law enforcement officers. (See, 29 U.S.C. § 207(k).) Department of Labor Regulation 785.23 provides that when employees work from their homes for extended periods of time, such that it would be difficult to compute the exact number of hours actually worked, an employer and an employee may agree to pay a fixed amount for at-home work, so long as the agreement is "reasonable" and takes into account "all of the pertinent facts." The City and the HBPOA agree that the K-9 provision of the MOU is reasonable and takes into account all the pertinent facts. They further agree that they have used an estimate of the actual amount of time spent working as a reference point for the MOU. However, the City and the HBPOA disagree on which facts are pertinent. For example, the City considers these non - monetary facts as pertinent to the reasonableness of the MOU and the HBPOA does not: 1) The companionship, love and devotion of a well trained dog that becomes a member of the canine handler's family. 2) A City vehicle to commute to work and payment of all related expenses, including car insurance, gas, maintenance and washing. 3) Food, veterinary care, and all other supplies for the dog. 4) A dog kennel installed in the officer's backyard. 5) The opportunity of canine officers to work more paid overtime than many other police officers. 6) Canine officers attend the following regularly scheduled training sessions either on -duty or on overtime: a) a one day a month training day at Alderhorst Kennels in Riverside. b) a weekly four-hour training session conducted jointly with neighboring police departments. c) three days of annual training to recertify the canine at Alderhorst. The City and the HBPOA agree that 15 hours per month is a reasonable estimate of the time spent on off -duty canine care, based upon these facts: GAWGRATM05 Letters\POA K-4 side letter.doc 2/18/20054:08 PM Russell Reinhart February 18, 2005 Page 3 1) According to the 7/11 work schedule allowed for in the MOU, canine officers work approximately 15.1 days per month, and are off -duty approximately 15 days per month. 2) In 1997-98, the Department of Labor estimated that the Huntington Beach canine officers spent 16 hours per month on off -duty canine care. 3) In the jury trial of Huss v. City of Huntington Beach, SACV 98-249AHS, the canine officers testified they spent between 30 to 45 hours month on off -duty canine care. The jury found canine officers worked 50 minutes every day per month, or 25 hours per month. 4) At the time of the jury verdict, there was no established procedure for additional overtime compensation for extraordinary canine care beyond the ten hours of compensatory time off (CTO) per month then allowed under the existing MOU. Under the 2003/06 MOU, extraordinary overtime is allowed. Based upon all these facts, the City and HBPOA agree that the MOU constitutes a reasonable agreement for off -duty canine care. The City and HBPOA further agree that the 15 hours of off --duty canine care pay shall be paid as follows. In place of 15 hours of straight CTO, canine officers shall be paid for off -duty canine care beginning the first full pay period following Council ratification of the MOU. The 15 hours per month of overtime shall be paid at the "canine care salary rate," which is two-thirds of the officer's base pay rate, excluding any special compensation such as bilingual, FTO or longevity pay. For example, if an officer is paid at "E" rate of $33.70 an hour, his canine rate is $22.467 per hour. The canine care rate is then multiplied by 1.5 to reach the overtime rate: 1.5 X $22.467=$33.70. The "E" step canine officer will then be paid 15 hours of overtime: 15 X $33.70=$505.50 per month. The pay check will show 15 X $33.70=$505.50. The pay check will not show the actual canine care pay rate of $22.467/hour. In addition to the fifteen hours of canine care pay per month, a canine officer shall be paid for off - duty veterinary visits and extraordinary off -duty care, provided that, absent an emergency, he obtains supervisor approval for such care and shall submit payroll exemption slips. Notwithstanding the usual canine care pay rate, any such additional canine compensation shall be paid at the officer's regular overtime rate, including any applicable specialty pays. For example, if an canine officer worked an additional two hours of overtime in connection with a veterinary visit, and his rate of pay was "B" step at $33.70 an hour, he would be paid 1.5X $33.70=$55.55; 2 hours X $55.55=$101.10. Finally, pursuant to Ca1PERS regulations, canine care pay is not reported to Ca1PERS and is not included in the officer's final compensation. G:\McGRATH\05 Letters\POA K-9 side letter.doc 2/18/20054:08 PM Russell Reinhart February 18, 2005 Page 4 I would appreciate if you would sign this letter below, thereby indicating HBPOA's agreement that the MOU is a valid agreement to determine the hours of off -duty canine care, and providing instructions to Payroll on how calculate the amount of canine care pay. Sincerely, JENNIFER McGRATH City Attorney /tv Dated: Z —1 °N — Z 05— Russell Reinhart GAMcGRATM05 Letters\POA K-9 side letter.doc 2/18/20054:08 PM