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Home My WebLink AboutHBPOA - Police Officers Association - 2006-05-01Council/Agency Meeting Held:_ Deferred/Continued to: .16 A prove ❑ C nditionally A ved Den' d 1 - !@� ��' City Cl rk's ignatu - = A Council Meeting Date: August 1, 2011 Department ID Number: HR 11-008 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Adopt Resolution No. 2011-52 adopting the Police Officers' Association (POA) Side -Letter Agreement extending and modifying the current Memorandum of Understanding (MOU) Statement of Issue: City and Police Officers' Association (POA) representatives have met and conferred regarding extending and modifying the current Memorandum of Understanding. Financial Impact: Finance has estimated the annualized savings of the PERS pick up to the City to be approximately $482,339. Finance has estimated the annualized value of the PT program suspension to be $338,542. Recommended Action: Motion to: Adopt Resolution No. 2011-52, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers' Association (POA), By Adopting the Side Letter Agreement." Alternative Action(s): Do not Adopt Resolution No. 2011-52, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers' Association (POA), By Adopting the Side Letter Agreement." xB -565- Item 22. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 8/1/2011 DEPARTMENT ID NUMBER: FIR 11-008 Analysis: Staff met with representatives of the Police Officers' Association to discuss alternatives to assisting the City of Huntington Beach in meeting its future projected economic shortfalls. The City and the POA have agreed to extend the present MOU and to continue with the following modifications, as summarized herein: ® The MOU term of agreement is hereby extended through September 30, 2013 • POA to continue to pay the increased share of the employee -paid contribution to CalPERS at 4.25% ® The wellness/fitness (PT) program will continue to be suspended for the duration of the side - letter extension period • Personnel Rule 5-21 — Reemployment Lists to be modified — continued concession in current side -letter The continued concessions regarding the CalPERS pick up and Personnel Rule 5-21 will not sunset at the expiration of the side -letter extension period, but will continue until a successor agreement is reached. Finance has estimated the annualized savings to the City to be approximately $482,339 for the CalPERS pick up. The suspension of the PT program is valued annually at approximately $338,542. The suspension of the PT program has helped the Police Department to achieve its reduced overtime budget targets. Finance has estimated the savings to the City of the CalPERS pick up to be approximately $964,678 (for a period of 2 years) and the value of the PT program suspension to be approximately $677,084 (for a period of 2 years). Labor representatives and City Administration have met and conferred regarding the proposal and POA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): 1 1. IResolution 2011-52 Amending the Memorandum of Understanding between the City of Huntington Beach and the Police Officers' Association (POA) by adopting the side letter of agreement, including Exhibit A: The Side Letter Agreement. Item 22. - 2 xB -566- ATTACHMENT #1 RESOLUTION NO. 2011-52 WHEREAS, on May 1, 2006, the City Council of Huntington Beach adopted Resolution No. 2006-19 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (POA); Subsequent to the adoption of the MOU, the City of Huntington Beach and POA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and POA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and POA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 s t day of A u g u s t, 2011. REVIE APPROVED City g r APPROVED AS TO FORM: ity Attorney City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Huntington Beach Police Officers' Association ("PDX) and the City of Huntington Beach ("City") hereby agree to extend the terms related to the POA MOU with respect to the following: TERM OF MOU EXTENSION This Memorandum of Understanding (MOU) shall be extended from October 1, 2011, through and including midnight September 30, 2013. CONCESSION ITEMS The HBPOA agrees to the following concession items that will sunset at the expiration of the MOU extension: 1. ARTICLE XIV — MISCELLANEOUS L. The Physical Fitness program compensation of earning paid time off as outlined in Section 208.8 — 208.8.8 of the Huntington Beach Police Department Policy Manual is hereby suspended until the expiration of the MOU extension. HBPD SWAT team members are required to participate in the PT program; however, PT paid time off will not accrue to HBPD SWAT team members during the suspension period. It is the intent to incorporate the PT program with the ability to earn paid time off into the subsequent MOU. The HBPOA agrees to the following concession items that will not sunset at the expiration of the MOU extension: 2. ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP B. Non -Sworn PERS Pickup Article VI. B. is hereby modified such that the combined City -paid and employee -paid contribution equals 8%. Effective the pay period beginning April 3, 2010, the City shall pay 3.75% of each employee's "compensation earnable" of the employer -paid contribution of 8%. All non -safety employees covered by this agreement shall pay 4.25% of "compensation earnable" towards the employer -paid contribution of 8%. C. Sworn PERS Pickup a. Article VI. C. is hereby modified such that the combined City -paid and employee -paid contribution equals 9%. Effective the pay period beginning April 3, 2010, the City shall pay 4.75% of each employee's "compensation earnable" of the employer -paid contribution of 9%. All safety employees covered by this agreement shall pay 4.25% of "compensation earnable" towards the employer -paid contribution of 9%. The HBPOA agrees to the following concession item will sunset at the expiration of the MOU extension unless implemented and only apply to employees hired after implementation: 3. ARTICLE XI — RETIREMENT A. Safety Employee Retirement Benefits: 5. The HBPOA will agree to the implementation of the 3% at 55 CalPERS retirement formula upon the Huntington Beach Police Department employment of 216 sworn employees; or no later than July 31, 2013, if two of the following cities have implemented a second tier retirement formula for police safety employees: Santa Ana, Anaheim, and Irvine. 4. PERSONNEL RULE 5-21. REEMPLOYMENT LISTS - MODIFIED Personnel Rule 5-21 shall be modified during the term of this contract extension to provide that in the event any employee represented by HBPOA is demoted in lieu of layoff, that individual shall be placed at the top of a re-employment list for the classification from which the individual was demoted and shall be given the first opportunity to fill any vacancy in that classification irrespective of how much time transpires between the demotion and the existence of the vacancy. Page 1 of 2 Extension to the 2006-2010 Miemorandum of Understanding would include all changes to the MOU as adopted in Resolution 2010-13. Side -Letter Implementation The provisions contained in this side letter are effective August 1, 2011, following approval by the City of Huntington Beach City Council and will remain in full force and effect unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on Aj /j,57- -Ap// Huntington Beach Police Officers' Association Jame (Kreg) Muller Dated: L'�14 2:::n (,t� Y ha Nikitin Vice -President Dated: 1/494 City of Huntington Beach Dated: director of Hurrign Re urces Dated: o" V Ken Small Police Chief Dated: APPROVED AS TO FORM: ��ennifer M. McGrath City Attorney j Dated: �5 l& - ( I Page 2 of 2 Proposed Amendment to POA Sideletter The HBPOA will agree to the implementation of the 3% at 55 CalPERS retirement formula upon the Huntington Beach Police Department employment of 216 sworn employees; or no later than July 31, 2013, if two of the following cities have implemented a second tier retirement formula for police public safety employees: Santa Ana, Anaheim, and Irvine. 14 Exhibit "A" - Resolution 2011-52 City of Huntington Beach ySIDE LETTER AGREEMENT Representatives of the Huntington Beach Police Officers' Association ("POA") and the City of ntington Beach ("City") hereby agree to extend the terms related to the POA MOU with respect to the f lowing: TERM OF MOU EXTENSION This Memorandum of Understanding (MOU) shall be extended from October/1, 2011, through and including midnight September 30, 2013. CONCESSION ITEMS The HBPOA agrees to the following concession items that will sunset att/fhe expiration of the MOU extension: 1. ARTICLE XIV — MISCELLANEOUS L. The Physical Fitness program compensation of earning aid time off as outlined in Section 208.8 — 208.8.8 of the Huntington Beach Police Departme Policy Manual is hereby suspended until the expiration of the MOU extension. HBPD SWAT earn members are required to participate in the PT program; however, PT paid time off will not ccrue to HBPD SWAT team members during the suspension period. It is the intent to incorpor to the PT program with the ability to earn paid time off into the subsequent MOU. The HBPOA agrees to the following concessZPERS that will not sunset at the expiration of the MOU extension: 2. ARTICLE VI - SALARY SCHEDULE ANICKUP B. Non -Sworn PERS Pickup Article I. B. is hereby modified such that the combined City -paid and employee -paid contribution equals %. Effective the pay period beginning April 3, 2010, the City shall pay 3.75% of each employ 's "compensation earnable" of the employer -paid contribution of 8%. All non -safety employees covered by this agreement shall pay 4.25% of "compensation earnable" towards the emolover paid contribution of 8%. C. Sworn PERS Pickup a. Article VI/C. is hereby modified such that the combined City -paid and employee -paid contribLXion equals 9%. Effective the pay period beginning April 3, 2010, the City shall y 4.75% of each employee's "compensation earnable" of the employer -paid . cont ution of 9%. All safety employees covered by this agreement shall pay 4.25% of ' ompensation earnable" towards the employer -paid contribution of 9%. 3. PERSONNEL RULE 5-21. REEMPLOYMENT LISTS - MODIFIED Personnel le 5-21 shall be modified during the term of this contract extension to provide that in the event any employee represented by HBPOA is demoted in lieu of layoff, that individual shall be placed a the top of a re-employment list for the classification from which the individual was demoted ands II be given the first opportunity to fill any vacancy in that classification irrespective of how muclytime transpires between the demotion and the existence of the vacancy. n to the 2006-2010 Memorandum of Understanding would include all changes to the MOU as in Resolution 2010-13. Page 1 of 2 Exhibit "A" - Resolution No. 2011-52 Side -Letter Implementation The provisions contained in this side letter are effective August 1, 2011, following approval bypthe City of Huntington Beach City Council and will remain in full force and effect unless otherwisid specifically modified, either by subsequent side -letter or a successor memorandum of understanding. IN WITNESS WHEREOF, the parties have and through their authorized officers on _ Huntington Beach Police Officers' Association ,dam6s (Kreg) Mulled` Z, ,President Dated: �,� Ya a Nikitin Vice -President Dated: —72! sed this SIDE LETTER AGREEMEVT to be executed by City okHuntington Beach ichele Carr — irector of Huma esour es Dated: Ken Small Police Chief Dated: 9 - ,� E> - )� o 1 APPROVED AS TO FORA: '�j nnifer . M rath City Attorney Dated: ') " 144. / 1 Page 2 of 2 Res. No. 2011-52 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on August 1, 2011 by the following vote: AYES: Shaw, Carchio, Bohr, Boardman NOES: Harper, Hansen, Dwyer ABSENT: None ABSTAIN: None CQ""�) o5l-'J4.-O - itAClerk and ex-officio Merk of the City Council of the City of Huntington Beach, California V HUNTINGTON BEACH Chamber of Commerce August 1, 2011 Mr. Mayor & Members of City Council, We, the Huntington Beach Chamber of Commerce Board of Directors, commend the City and the POA for working so diligently to achieve a mutually beneficial compensation package. By creating a package that is fiscally sound, we may be able to make some needed increases in our police force in the future. The current 1:1000 ratio is a burden that could bankrupt a fragile economy that can't afford overtime or emergencies. It is evident that many cities have begun to implement a 2 tier retirement system to address the current unsustainable pension program. It is our belief that our city should be a leader in pension reform, showing the wisdom and vision that our citizens expect from us. As the City Council considers the agreement being voted on tonight, please keep in mind the many citizens and employees in the private sector who have had to endure disappearing pensions altogether. In a perfect world our hope would be to be able to somehow combine short term savings with long term reform. It is a goal I know you are addressing and it is our hope the agreement you will vote on this evening will be a positive step in that direction. Again, thank you for your continued efforts on behalf of the citizens of Huntington Beach. On behalf of the Board of Directors, Jerry L. Wheeler, Sr. IOM President/CEO 19891 Beach Blvd Suite 139. Huntington Beach, CA 92648 P: (714) 536-8888 F: (714) 960-7654 COMMUNICATIONS RECEIVED REGARDING AGENDA ITEM FOR THE POLICE OFFICERS' ASSOCIATION (POA) SIDE -LETTER AGREEMENT EXTENDING AND MODIFYING THE CURRENT MEMORANDUM OF UNDERSTANDING (MOU) Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:22 PM To: Esparza, Patty Subject: FW: Pension reform From: Anita Baker [mailto:GERTBAKER@verizon.net] Sent: Monday, July 25, 2011 11:27 AM To: CITY COUNCIL Subject: Pension reform Huntington Beach City Council, Huntington Beach needs pension reform now. We are watching and want a new contract to have a new retirement tier. Frivolous pay should be eliminated. The Police Officers Association should reject any contract until these goals are met. Sincerely, A conderned HB resident Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:13 PM To: Esparza, Patty Subject: FW: Police pensions From: John [mailto:Jbaley779@earthlink.net] Sent: Sunday, July 24, 2011 6:41 PM To: CITY COUNCIL Subject: Police pensions I would like to see Police and Fire people make the same contributions to their pensions as teachers make to CaISTRS. That is 8% of gross. John Baley 6232 Oakbrook Circle Print Request Page 1 of 1 Request: 8773 Entered on: 07/24/2011 9:38 PM %.uswnre► n►ro►nrauUn Name: loretta belt Phone: (714) 960-6393 Address: 6267 surfpoint circle Alt. Phone: Huntington Beach, CA 92648 Email: chezbelt@aold.com rMeyuesc wassrrrcauvn Topic: City Council - Comment on an Agenda Request type: Comment Item Status: Closed Priority: Normal Assigned to: Johanna Stephenson Entered Via: Web City Council: 8 - All Members of City Council Don't know what your perks are but the fire and police people are awesome! and derserve (do you?) every thing they get. Ne feel lucky to live in HB because of the 911/emergency service personnel. my hubby is bedridden and the 911, cops and firemen have been instantly responsive, effective, helpful, thoughtful, sensitive and caring. if there is a budget'issue' perhaps eliminate a council position to generate more money for the emergency people - they sure do their jojbs well, efficiently and effectively. Thank you for your comments on this item. Your comments have been forwarded to city council for their consideration. A. copy of your comments will also be forwarded to the City Clerk to be included in the record on this item. Again, thank you for taking the time to make your views known. Date Expect Closed: 08/02/2011 Date Closed: 07/26/2011 09:25 AM By: Johanna Stephenson Enter Field Notes Below Notes Taken By: Date: http://user.govoutreach.com/surfcity/printrequest.php?curid=699667&type=0 7/26/2011 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:12 PM To: Esparza, Patty Subject: FW: public pay and pensions From: dennis.berkley [mailto:dennis.berkley@yahoo.com] Sent: Sunday, July 24, 2011 6:16 PM To: CITY COUNCIL Subject: public pay and pensions We are broke do not extent any current contracts for public unions..... where is the shared sacrafice that only the private sector must face, you must represent the citizens of hb first not the special interests ....... thank you Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:17 PM To: Esparza, Patty Subject: FW: Contract Extension for the HB Police Officers Association. From: Stephanie Billington [mailto:csmk4ucla@verizon.net] Sent: Monday, July 25, 2011 9:23 AM To: CITY COUNCIL Subject: Contract Extension for the HB Police Officers Association. Dear esteemed City. Council members, Pension reform is a must in every community, including Huntington Beach! Extending the current contract for the HB Police Officers Association would be a disastrous drain on public funds - funds that are desperately needed elsewhere. There needs to be reform to establish a retirement tier for new hires - 100% of their salary when they retire in their:early fifties is not reasonable. Also, establish a timeline for union members to fully fund their share of their retirement expenses. And a "Fitness Pay Provision" - come on, that's just frivolous!! Thank you for your time, Craig & Stephanie Billington 8322 Cade Cir. Huntington Beach 23 year HB homeowners Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:50 PM To: Esparza, Patty Subject: FW: Retirement -----Original Message ----- From: Kate [mailto:casakate@yahoo.com] Sent: Monday, July 25, 2011 5:34 PM To: CITY COUNCIL Subject: Retirement Please don't put HB into this kind of debt. Please be responsible to the citizens of HB. Thanks, Kathy Bourland 17691 Van Buren #A HB, 92647 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:17 PM To: Esparza, Patty Subject: FW: Pension reform From: Jenni Bradish [mailto:jennibradish@gmail.com] Sent: Monday, July 25, 2011 9:39 AM To: CITY COUNCIL Subject: Pension reform Please don't extend the current contract giving police officers a pension of 100 percent of their salary ... this is not fair to the taxpayers, the other programs that need that money, nor is it necessary. Police officers can save for retirement just like everyone else if they can't make it on less than 100 percent of their salary when they retire. Also, how about let's ditch the ridiculous fitness pay provision. If a police officer is not fit enough to do his job, he should get a cut in pay, not the other way around. This is just one more example of what is COMPLETELY wrong with our system. We need to turn things around NOW!!! Thank you Jennifer Bradish Esparza, Party From: Fikes, Cathy Sent: Monday, July 25, 2011 5:23 PM To: Esparza, Patty Subject: FW: Contract Extension for the HB Police Officers Association From: Eric Bryant[mailto:ericb@questfinancial.com] Sent: Monday, July 25, 2011 11:43 AM To: CITY COUNCIL Subject: Contract Extension for the HB Police Officers Association City Council Members, I wish to voice my strong oppostition the current contract extension proposal. The retirement section needs to be reworked. 100k per year retirement is way too much. 100k salary is way to much!!! WE THE VOTERS ARE WATCHING!!!!!!! See you on the 15t1111. Eric Bryant Quest Financial Corporation Office: (949) 417-1080 4340 Campus Drive Suite 217 Toll Free: (800) 728-8873 Newport Beach, CA 92660 Fax: (949) 417-1081 ericbc@ciuestfinancial.com Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:12 PM To: Esparza, Patty Subject: FW: Pension reform is needed today not sometime in the future From: Barbara Delgleize [mailto:Barbara@ Barba raSellsTheBeach.com] Sent: Sunday, July 24, 2011 6:02 PM To: CITY COUNCIL Subject, Pension reform is needed today not sometime in the future FROM tHE DESK OF Barbara DelgIC101IM16" DRE .aM ,. www.BarbaraSellsTheBeach.com City Councilmembers, It is imperative that you use common sense in negotiating new contracts for our City. Don't forget the two year committee called "Community Infrastructure" findings that our city is in desperate of updating roads, blockwalls, buildings, streets, lighting etc... if we do not balance our budgets negotiate better contracts for the City we are putting off these serious issues onto the next generation of residents. Not a good way to do business. WE know you can come up with programs/contracts that will work. Sincerely, Barbara Delgleize arlbancgQe�e EcoBroker NAR Green Designation HB Chamber of Commerce — Chairwoman '09 HB Planning Commissioner RE/MAX Select One 4952 Warner Avenue, Suite 109 Huntington Beach CA 92649 Direct: 714-846-1247 Cellular: 714-421-0103 Fax: 714-846-5595 Email: Barbara@BarbaraSelIsTheBeach.com Website: www.BarbaraSellsTheBeach.com DRE #00586458 ATTENTION! This e-mail may contain PRIVILEGED and CONFIDENTIAL material and its transmission is not a waiver of that privilege. It is intended for the sole use of the individual or entity named above. If you are not the intended recipient, please be notified that any use, disclosure, review, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail by error, please delete it and notify the sender immediately. Thank you. Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:22 PM To: Esparza, Patty Subject: FW: Pension reform From: DeMarco [mailto:demarco.architect@verizon.net] Sent: Monday, July 25, 2011 11:36 AM To: CITY COUNCIL Subject: Pension reform My husband and I have been residents in the City of Huntington Beach for over 25 years now. We both just turned 50 and have 3 children, 2 of which are now registered to vote and another almost ready to vote. This email represents 4 voting residents! We (4 voting citizens) are all VERY concerned about the upcoming vote on the Contact Extension for the HB Police Officers Association. Specifically in the light of all the problems with funding pensions for the future. The tax payers just cannot do it. The future is grim and all of the City Council members should ask themselves how their children might afford such a contract deal with the Employee Union. All of the residents in the City of Huntington Beach should be very concerned about such an important issue! We (4 voting citizens) would like Pension reform in our city immediately! This is beneficial long-term fiscal health and well-being. We also understand this new contract with the Union will pay "fitness pay" - which should be eliminated from any contract now and in the future. Any new contracts the city makes should include a retirement tier. Please be firm and do not settle with the Unions. They are powerful and have a lot of money, unlike our city. As a representative of the voting tax -payers, the DeMarco Family (4 voting citizens), ask you reject any contract until it includes pension reform, retirement tiers and eliminates fitness pay. Sincerely, C Ikea L De Macao m 714.473.6623 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:15 PM To: Esparza, Patty Subject: FW: pension reform From: Ed Esh [mailto:edesh@juno.com] Sent: Monday, July 25, 2011 7:26 AM To: CITY COUNCIL Subject: pension reform 1) I want pension reform in Huntington Beach now! 2) I am watching and want any new contract to have a new retirement tier. 3) Any frivolous pays like "fitness pay" should be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Ed Esh 714/841-3739 57 Year Old Mom Looks 27! Mom Reveals $5 Wrinkle Trick That Has Angered Doctors! Consu merLifestyles. org Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:12 PM To: Esparza, Patty Subject: FW: Police contract -----Original Message ----- From: ROBERT FISH [mailto:rifish@earthlink.net] Sent: Sunday, July 24, 2011 5:07 PM To: CITY COUNCIL Subject: Police contract As a voting member of Huntington Beach I strongly object to the extension of the contract to the H.B. Police Department coming before the City Council. The benefits package of our Police Department is outrageous and must be reduced to protect the city's financial condition. As a tax payor, we cannot afford this to continue. Robert L. Fish 19561 Pompano Lane, Unit 102 Huntington Beach, CA 92648 rlfishCaD-earthlink. net Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:50 PM To: Esparza, Patty Subject: FW: I support common sense reform -----Original Message ----- From: John Grace [mailto:GracemanLR@aol.com] Sent: Monday, July 25, 2011 5:37 PM To: CITY COUNCIL Subject: I support common sense reform Dear Council Members: have read with chagrin the adversarial positioning of the Costa Mesa Council regarding their public safety and public employees. Then I read where my City Council rejected an offer from the Firefighters and now they are about to reject concessions from the Police. I have read with interest the concessions offered by the Police and Firefighters and they seem fair to me. If the Council has some other figure or structure in mind it seems to me that the trade off of creating a hostile environment with out public employees is not worth whatever goal you have in mind. I would consider it a failure of the Council if these negotiations result in impasse, strike, suicide or resignation as they have in Costa Mesa. I urge each and every Huntington Beach City Council Member to please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Conclude your public employee negotiations with fair deals not adversarial and hostile relationships. Sincerely, John Grace 6232 Larchwood Dr Huntington Beach CA 92647-2306 714-903-9282 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:16 PM To: Esparza, Patty Subject: FW: HB Police Officers Association From: Brian Griley [mailto:BGriley@scexpress.com] Sent: Monday, July 25, 2011 8:26 AM To: CITY COUNCIL Subject: HB Police Officers Association HB City Council Members, My name is Brian Griley. I have been a resident of HB all my life, I am 46yrs old. I live 20 doors down from the house I grew up in. I am active in the community and was a Grand Marshal for the boat parade two years ago. I am writing to urge you to not let apathy get in the way, and put your foot down with regards to pension reform. All cities are faced with major financial challenges... and for the future of HB, there is none more crucial than the vote your are about to make today. I urge you to PLEASE, do not extend the pension for union employees. You must vote to reform this costly benefit that NO non -union tax payer is allowed to get. While we appreciate the services of these men and women, fair is fair. 100% paid pension and salary after retirement is crazy. There are compromise's; I urge you to take time and research these. You have a fiduciary responsibility to do what is right for the HB taxpayers... not yourselves. Do Not Be lazy. Take the time to research options. Don't Give In to pressure. Fight for What is right. Special Interests like unions have no place in local city politics. They are not looking out for us, the tax payers... only what is in their best interest. Vote for Pension Reform!! Respectfully, Brian Griley 3862 Sirius Drive Huntington Beach, CA 92649 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:12 PM To: Esparza, Patty Subject: FW: PENSION REFORM From: J. Guetzkow [mailto:bear1397@verizon.net] Sent: Sunday, July 24, 2011 5:31 PM To: CITY COUNCIL Subject: PENSION REFORM I WANT PENSION REFORM IN HB. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, July 26, 2011 7:24 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8785 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Daralie Hamilton Description: 1) We want pension reform in Huntington Beach now! 2) We are watching and want any new contract to have a new retirement tier. 3) Any frivolous pays like "fitness pay" should be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Expected Close Date: 07/27/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza,.Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:16 PM To: Esparza, Patty Subject: FW: New Police Association Contract - Pension From: CUHappy@aol.com [mailto:CUHappy@aol.com] Sent: Monday, July 25, 2011 9:14 AM To: heywoodhb@yahoo.com; CITY COUNCIL Subject: Re: New Police Association Contract - Pension Thank you. I totally agree with you. In a message dated 7/24/2011 7:14:02 P.M. Pacific Daylight Time, heywoodhb(o)yahoo.com writes: I love our outstanding police heroes, but we simply can't continue the current pension plan without adjusting the employee contributions (and at a minimum establishing a more cost effective new employee pension plan as they've done over time in LA County.) Mike Heywood Print Request Page IofI Request: 8783 Entered on: 07/25/2011 5:01 PM Customer inrormation Name: Jenny Huntsinger Phone: (714) 840-7156 Address: 3835 Humboldt Dr Alt. Phone: Huntington Beach, CA 92649 Email: imhuntsinger@msn.com ttequesr (,iassmcanon Topic: Contact an Executive Request type: Comment Status: Open Priority: Normal Assigned to: Cathy Fikes Entered Via: Web Dept: City Council uescrrpuurn nderstand there is a vote coming up on a contract extension for the HB police. I want pension reform in Huntington Beach now. I am )tching and I want any new contract to have a new retirement tier. Any frivolous pays like "fitness pay" should be eliminated not uspended" This contract should be rejected until it meets the goals outlined above. r<edavrr t.rvseu ite Expect Closed: 08/08/2011 Enter Field Notes Below Notes Notes Taken By: Date: http://user.govoutreach.com/surfcity/printrequest.php?curid=700532&type=0 7/25/2011 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:27 PM To: Esparza, Patty Subject: FW: I support common sense reform From: Deb Janus [mailto:kahoaka_kia@yahoo.com] Sent: Monday, July 25, 2011 5:20 PM To: CITY COUNCIL Subject: I support common sense reform Dear Council Members, Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Deborah ,I 9451 Ate+V Candlew000d 1 RunfingtonBeach 1 646 ph:714.378.9200 1 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:25 PM To: Esparza, Patty Subject: FW: PENSION REFORM FOR HB From: Larry Lee [mailto: Larry. Lee@tri-starelectronics.com] Sent: Monday, July 25, 2011 2:46 PM To: CITY COUNCIL Subject: PENSION REFORM FOR HB Dear City Council, It has been brought to my attention that there is a very important vote coming up involving city pension contracts. We must be responsible citizens and guarantee that the City of Huntington Beach not follow in the footsteps of those cities in the Southland that are mis-managed. Therefore; 1) I want pension reform in Huntington Beach now! 2) I am watching and want any new contract to have a new retirement tier. 3) Any frivolous pays like "fitness pay" should be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Thank you for your service to the city. Sincerely, Lawrence S. Lee 10262 Wesley Circle Huntington Beach, CA. 92646 e-mail: Iarry.lee(c)-tri-starelectronics.com EsEarza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:13 PM To: Esparza, Patty Subject: FW: Employee Union contract From: Frank [mailto:franklograsso@verizon.net] Sent: Sunday, July 24, 2011 6:52 PM To: CITY COUNCIL Subject: Employee Union contract With the pending Contract Extension for the HB Police Officers Association coming up, now would be a good time for the majority of the city council to show how fiscally responsible they are by negotiating a contract that is fair for both the police officers and those paying the bill, the tax paying citizens of Huntington Beach. It seems that many times in the past, these negotiations were between two entities, those wanting gold plated benefits (the unions) and those wanting union money and endorsements (city council members). It seemed that the only people not represented in these negotiations were the tax payers. This type of arrangement has resulted in a city struggling to balance it's books because of huge liabilities related public employees retirement benefits. Just last year, in order to balance the city budget, libraries were closed, beach bathroom maintenance was curtailed and vast amounts of infrastructure repair was again deferred. Well, we are eventually going to run out libraries to close, bathrooms not to clean and streets not to repave. So city council majority, make up your mind, are you going to give your approval for the vast majority of the city budget to be sopped up by public employee unions or are you going to start curtailing these obscene pensions and benefits and govern this city as it should be, for the benefit of ALL the people who live here, not just those who can print you up those nice glossy mailers at election time? Frank LoGrasso Broker/Owner/MBA Huntington Coast Properties Ina ti u00 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:17 PM To: Esparza, Patty Subject: FW: UNION CONTRACT VOTE - AUGUST 1 From: vickilucas@aol.com [mailto:vickilucas@aol.com] Sent: Monday, July 25, 2011 9:17 AM To: CITY COUNCIL Subject: UNION CONTRACT VOTE - AUGUST 1 Dear Council Members: I respectfully urge you to reject the current contract proposal. It is imperative that cities, states, and the U.S. Government get serious about balancing budgets. I attended a meeting the other night and heard Mr. Moorlach discuss "unfunded liabilities," and how they are not made known to the general public in published balance sheets. Once that figure was entered into the equation he demonstrated, it was clear that Orange County is broke. It's probably the same for Huntington Beach. These outlandish pension benefits need to be curtailed. Please do not give in to the unions. At least make them pay their fair share of their benefits. Thank you. Vicki Lucas 7282 Yellowtail Drive Huntington Beach 92648 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:17 PM To: Esparza, Patty Subject: FW: Pension Reform! From: Nancy Matthews [mailto:nancy_matthews@hotmail.com] Sent: Monday, July 25, 2011 9:50 AM To: CITY COUNCIL Subject: Pension Reform! I want pension reform in Huntington Beach now! I are watching and want any new contract to have a new retirement tier. Any frivolous pays like "fitness pay" should be eliminated not "suspended. This contract should be rejected until it meets the goals outlined above. What are you people thinking? I work for a large corporation and I have no pension plan just a 401 K, you people work for the people, I hope you will remember that and stop this greed and taking advantage. For many years we have not paid attention, well its over, you have bankrupted us for the last time! Be responsible as we will when we vote you all out if you support this! Nancy Matthews Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:22 PM To: Esparza, Patty Subject: FW: H.B. Police Contract From: Cathy Meschuk [mailto:c.meschuk@verizon.net] Sent: Monday, July 25, 2011 11:00 AM To: CITY COUNCIL Subject: H.B. Police Contract To: Huntington Beach City Council Members It is time to take appropriate action and vote for pension reform in Huntington Beach. The current H.B. Police Association contract needs to be rejected. There needs to be a new retirement tier and frivolous "fitness pay" needs to be eliminated. As a Huntington Beach resident and taxpayer, I am asking that you vote to reject this contract. Sincerely, Cathy Meschuk 20451 Kelvingrove Ln. Huntington Beach, CA 92646 714 968-7219 Es ga rza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:24 PM To: Esparza, Patty Subject: FW: Police contract extension From: metherellb@aol.com [mailto:metherellb@aol.com] Sent: Monday, July 25, 2011 1:57 PM To: CITY COUNCIL Subject: Police contract extension Dear HB City Council Members, I have been made aware of the pending vote to extend the HB Police Dept. contract for an additional 3 years without any provision for Tiered retirement pay. You are also planning to suspend temporarily the "Fitness Pay" bonus. As a taxpayer I am appalled that this bonus exists at all. You are either able to meet the standards of a police officer or you should be terminated. Staying at a certain level of physical fitness should be a basic requirement in the police force. This enables them to do their job. Please vote to eliminate this obvious perk. We are all aware that the retirement for police and many other civil servants is simply beyond the ability of the taxpaying public to support. You are responsible for trying to find balance. We must begin to realign the grossly unfair benefits that come to civil servant at the cost of bankrupting the next generation. firmly request that you listen to the real public (not the union reps and lobbyists). Your taxpayers now and in the future cannot afford it. You have a chance to make a difference now. Please do the right thing and vote against this contract and obtain a better deal for the city. Regards, Brian Metherell. Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:11 PM To: Esparza, Patty Subject: FW: Pension reform -----Original Message ----- From: Bob Miller [mailto:hbtoybob@aol.com] Sent: Sunday, July 24, 2011 5:07 PM To: CITY COUNCIL Subject: Pension reform Dear Council Members, Please carefully consider what this great city really needs before voting on the new police contract. Everyone, including fire and safety need to participate in reforms to bring this City back to greatness. Everyone is watching, do the right thing, not the easy thing. Vice President/General Manager Toyota of Huntington Beach Sent from my iPad Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:26 PM To: Esparza, Patty Subject: FW: Contract Extension for HB Police Officers Association From: Adam Minow [mailto:Aminow@GMGCPA.COM] Sent: Monday, July 25, 2011 3:45 PM To: CITY COUNCIL Subject: Contract Extension for HB Police Officers Association Dear Huntington Beach City Councilmembers: I am writing to inform you of my disapproval of the current contract extension for the HB Police Officers Association. While I support the integral service our police officers provide to our city and applaud our officers' efforts to service, protect and keep order in our city, I'm concerned that the extension goes for more than two more years without establishing a new retirement tier. I am also opposed to the fitness pay provision. This provision should be eliminated, as opposed to simply suspended. This provision provides additional pay for something that I believe should be a part of our officers' general job description and skills qualification. In this depressed economy, we cannot continue to guarantee officers $100,000+ retirements for life! We also cannot afford to spend two years reworking contract extensions when efforts like this can be done in weeks, if not months. Please reject the contract extension until a more reasonable and fiscally responsible alternative is developed. I appreciate your efforts to help develop a more fiscally responsible alternative. Thank you, Adam Minow 726 14th Street Huntington Beach, CA 92648 714.900.9853 Adam S. Minow I Senior Manager of Litigation Support Glenn M. Gelman & Associates 1940 East 17th Street I Santa Ana, CA 92705 Telephone: (714) 667-2600 1 ext. 268 1 Fax: (714) 667-2636 Email: aminow@gmgcpa.com I Website: http://gmgcpa.com Please join our mailing list to receive our corporate e-newsletter: http://Fmgcpa.com/newsletter.htmi Orange County Business Journal's BEST Place to Work in Orange County - 2009 & 2010 g INSIDE Public Accounting's BESTof the BEST- 2008 Accountants Media Group's BESTAccounting Firm to Work For- 2008 & 2009 TAX ADVICE DISCLOSURE Pursuant to federal regulations imposed on practitioners who render tax advice (Circular 230), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to by you in promoting, marketing or recommending a partnership or other entity, investment plan, or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Unless otherwise indicated elsewhere in the document, any written 2 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:11 PM To: Esparza, Patty Subject: FW: Contract negotiations From. Marcia Morrell [mailto:marciamorrell@verizon.net] Sent: Sunday, July 24, 2011 5:06 PM To: CITY COUNCIL Subject: Contract negotiations The Honorable Huntington Beach City Councilmembers: This letter is to advise you that we as citizens and taxpayers of Huntington Beach want pension reform in Huntington Beach NOW. We have been watching and listening to what is going on and we want any new contract to have a new hire retirement tier. Further, any frivolous pays like "fitness pay" should be eliminated and not just 'suspended'. The private sector gets no such frivolous benefits. This contract should BE REJECTED until it meets the goals outlined above. As elected members of our City Council it is important that you listen to the citizens who elected you and not just the Unions you are negotiating with in that we are the ones PAYING THE BILL. Frank and Marcia Morrell Huntington Beach, CA 92646 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:23 PM To: Esparza, Patty Subject: FW: Pension contract Extenstions From: shirthings@aol.com [mailto:shirthings@aol.com] Sent: Monday, July 25, 2011 11:43 AM To: CITY COUNCIL Cc: nogrtr@socal.rr.com; marciamorrell@verizon.net; david.morzella@tmhu.com; dckeough@yahoo.com; martin.boyd@tmhu.toyota-industries.com; Shirthings@aol.com Subject: Pension contract Extenstions Dear HB Council Members, July 25, 2011 Incredibly but true, in the midst of national and local economic catastrophe it's business as usual with the Huntington Beach City Council and the Unions. That you are even considering extending the bloated contracts of City workers is preposterous. A retirement package that the rest of us just dream of is expected by City employees, and put on the backs of Huntington Beach's citizens. Our employees should be paying half of the monies to fund their retirements, and that would be extremely generous. Our employees retiring at 100% of pay is ludicrous. That you, the City Council ever gave in to such demands requires scrutiny, and accountability, if not downright investigation! At a time when California cities are belly -up, and entire Councils are being fired by the citizens, one would think a little restraint is in order. The City is showing signs of neglect; streets, trees, sidewalks, etc. All the money is going to feed the pension "monster". Please show some restraint. We need to reduce benefits, up the retirement age, lower amounts paid into retirement systems and start acting like responsible adults in the City of Huntington Beach. While you are trying to appear nice by giving the Unions everything they demand, you are denying services and taking food off the tables of Huntington Beach citizens by these voracious benefit packages. The unfunded liabilities is ballooning, while monies actually spent on running the City is shrinking by an alarming degree. Please, do your jobs and work for the citizens of Huntington Beach, and not just Unions and their beneficiaries! 1 Thank you. A very concerned citizen and longtime resident of Huntington Beach. Shirley W. Orlando 8671 Camel Circle Huntington Beach, CA. 92647 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:24 PM To: Esparza, Patty Subject: FW: Pension reform in HB now! From: Ron Pascual [mailto:rpascual@socal.rr.com] Sent: Monday, July 25, 2011 2:03 PM To: CITY COUNCIL Subject: Pension reform in HB now! Contract should be rejected! HB Resident and Property owner! Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:16 PM To: Esparza, Patty Subject: FW: HB Police Officers Contract Extension From: Peterson, Steve b (GE Capital) [mailto:Steve.Peterson@ge.com] Sent: Monday, July 25, 2011 8:08 AM To: CITY COUNCIL Subject: HB Police Officers Contract Extension Dear City Council — I implore you to vote against the new contract extension for the HB Police Officers Association. The terms of the proposed contract are not market, are not sustainable and places an untenable burden on the City and its tax payers. We will have to live with this contract well after your terms end. This is an opportunity for our elected officials to exhibit fiscal responsibility. Your actions, while difficult, will be an example to the many councils throughout the County, State and Country on true leadership. Let's make the legacy of this City Council one that makes sound decisions in the face of pressure from special interest groups. Thank you for your service to our community and for considering my request, Regards, Steve Peterson Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:15 PM To: Esparza, Patty Subject: FW: pensions From: S Pinterpe [mailto:SPinterpe@socal.rr.com] Sent: Monday, July 25, 2011 6:06 AM To: CITY COUNCIL Subject: pensions pension reform is needed now before we drown in a sea of red ink. no reform, no votes. sam pinterpe huntington beach Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:24 PM To: Esparza, Patty Subject: FW: New HBPD contract -----Original Message ----- From: William G. Prescott [mailto:wgprescott@verizon.net] Sent: Monday, July 25, 2011 1:59 PM To: CITY COUNCIL Subject: New HBPD contract The City cannot afford these Cadillac benefits please reject this ridiculous contract or the City may be facing bankruptcy in the near future William G. Prescott Sent from my iPhone Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:25 PM To: Esparza, Patty Subject: FW: HB Police officers assn. contract From: David Quatman [mailto:dpg424@verizon.net] Sent: Monday, July 25, 2011 3:21 PM To: CITY COUNCIL Subject: HB Police officers assn. contract To all city council members, You now have a chance to show real fiscal responsibility. Reject the proposed police contract. Reject the fitness pay provision. I demand a new retirement tier. Do not let police or fire carry over vacation pay till they retire like Mr. Olsen Vacation must be used or you lose it. Sick pay is for just that. You do not get to carry that over and be paid for it on retirement. Employees must pay more in to their own retirement with their own money not ours. Stop the union gouging our city dollars. This is corruption of the good intentions of the City of HB. Let them strike if they want. Be a model for fair pay and good judgment for the State of California. David Quatman Local businessman & resident for 30 years Esgarza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:13 PM To: Esparza, Patty Subject: FW: Union pensions From: Deryl Robinson [mailto:drobinsonl@socal.rr.com] Sent: Sunday, July 24, 2011 6:18 PM To: CITY COUNCIL Subject: Union pensions Dear council members, those who were elected to represent my interests, Don't you think that we are already upside down enough with all the pension benefits we owe? Do we have to get to the point that we can't fund schools or roads just so we can pay all the pensions? Clearly, that's the direction we are headed. I have the utmost respect for our public safety workers, but I have no sympathy for their position on their pay and pensions. I have had my pay cut by 45% in the last 2 years, at a time when I should be at my peak earning capacity and saving the maximum for retirement. I don't get furlough days either. I have to work 60 hrs a week for less pay just to keep my job. I have zero pension and will most likely be working until I die or they won't have me anymore. So I am not interested in paying one more dime in taxes to cover their pensions. Let them get second careers like the rest of us will have to keep food on the table. ROLL BACK THE PENSION INSANITY NOW!!! I will be watching this vote Monday, and will make sure not to support anyone next election who gives in to the union demands, regardless of any other issues. This is number one. Deryl Robinson Huntington Beach Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:26 PM To: Esparza, Patty Subject: FW: Employee Union Contract Disaster - HB Police Officers Association From: Friends of Shipley Nature Center [mailto:FSNC@surfcity.net] Sent: Monday, July 25, 2011 5:04 PM To: CITY COUNCIL Subject: Employee Union Contract Disaster - HB Police Officers Association Dear Huntington Beach City Council Members: We need Pension Reform in Huntington Beach voting on a Contract Extension for the HB Police Officers Association. 1) 1 want pension reform in Huntington Beach now! 2) 1 am watching and want any new contract to have a new retirement tier. 3) Any frivolous pays like "fitness pay" should be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Sincerely, eolvt/.Lfi K�000 Denise Ruocco 19721 Clancy Lane Huntington Beach, CA 92646 E-mail: denise.sunseta-surfcitv.net Z!I TiTT-WA V Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:14 PM To: Esparza, Patty Subject: FW: Police retirement benefits From: Voedean Simpson [mailto:voedeans@yahoo.com] Sent: Sunday, July 24, 2011 10:21 PM To: CITY COUNCIL Subject: Police retirement benefits Please remove physical fitness extra pay benefits from local police. How about suspending or docking those who do not stay in shape. This should be a basic requirement to maintain ones job in this area. Outrageous! Increasing employees percentage contribution into guaranteed retirement funds seems to be one of the first steps most governments are making today. What makes HB so different? If we do not stand up now, it may be too late later. Bankruptcy is bankruptcy, it is devastating for governments as well as individuals. Community member, Voedean Simpson Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:18 PM To: Esparza, Patty Subject: FW: Pension reform From: Frank Singer [mailto:fsinger@socal.rr.com] Sent: Monday, July 25, 2011 10:42 AM To: CITY COUNCIL Subject: Pension reform I urge the city council not to bow to union pressure and give them what they want. Please vote "NO" to anything involving union benefits which do not include Pension Reform. For example, paying for "fitness" is absurd. Don't the unions understand the City will have to contract out services (a la Costa Mesa) so as not to burdened the city budget with over attractive pensions? This is self defeating for unions because they will ultimately have fewer dues paying members. Shame on those council members who can't see "the big picture"! 3552 Venture Dr Huntington Beach, CA 92649 714 840-6476 flinger@socal.rr.com Esparza, Pa From: Fikes, Cathy Sent: Monday, July 25, 2011 5:24 PM To: Esparza, Patty Subject: FW: Pension Reform From: kevinsmith4@verizon.net [mailto:kevinsmith4@verizon.net] Sent: Monday, July 25, 2011 12:54 PM To: CITY COUNCIL Subject: Pension Reform Good morning City Council of HB, I do believe it's time for pension reform for HB firefighters and police. I'm not against firefighters and police. They provide a necessary service for our city. I just believe they should have compensation and benefit packages more similar to HB residents working in the private sector. In this struggling economy where it seems in the paper you read every day about So Cal cities trying to balance their budgets and cut spending, it's very important we as citizens look at every dollar that's being spent by our local governments and make sure it's going to the right place. Let's spend our money wisely. Reject the HB Police Officers Association request for contract extension. Reform their pensions and establish anew retirement tier. If HB police can retire in their 50's and collect 100% of their salaries for the rest of their lives, this is wrong. On top of that I understand their pensions are funded primarily by the taxpayer, and not themselves! It sounds like sour grapes I know. But it's my taxes that are paying their pensions. Good for them choosing a profession with these kinds of benefits and taking advantage of a beneficial situation for themselves. I wish I had done it. I'd like to get paid more for staying in shape too! I can't go back and do it all over again, but as a citizen of Huntington Beach I can fight for what is fair. Reject the contract until it's fair to the taxpayers. Thanks, Kevin Smith Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:25 PM To: Esparza, Patty Subject: FW: Reform... NOW!! From: Nancy Stuart [mailto:nstuart@varsityspirit.com] Sent: Monday, July 25, 2011 2:57 PM To: CITY COUNCIL Subject: Reform... NOW!! HB city council members, I believe if you put this to a vote (FEB citizens), there would be an overwhelming majority screaming for change. Please reject the current contract unless there is actual pension reform. This city (and obviously the state - led by the governor who set them all up years ago) is being held hostage by the unions, and it will be evident that you are owned by groLlp if you do not take control and make change. The people who voted you into office want reform and want to stop paying crazy sums of money that are completely unnecessary. I want pension reform in Huntington Beach now! • I am watching and want any new contract to have a new retirement tier. • Frivolous pays like "fitness pay" should be ELIMINATED, not "suspended. Reject any contract that comes short of meeting the goals outlined above. Nancy Stuart Sales Trainer Varsity Spirit Fashions 714.968.4125 phone 866.885.6196 fax 1 nstuartgvarsityspirit. com http://shop.varsity.com Disclaimer: This e-mail message is strictly confidential to Varsity Brands Inc. and is intended only for the addressee. It may contain information that may be confidential, legal, privileged, or otherwise exempt from disclosure under applicable law. If you are not the intended addressee, or someone authorized by the intended addressee to receive transmission on behalf of the addressee, you must not retain, disclose in any form, copy, or take action in reliance on this transmission. Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:25 PM To: Esparza, Patty Subject: FW: Should be clear to the HB city council From: Randy Stuart [mailto:rstuart@varsityspirit.com] Sent: Monday, July 25, 2011 2:05 PM To: CITY COUNCIL Subject: Should be clear to the HB city council HB city council members, I believe if you put this to a vote (HB citizens), there would be an overwhelming majority screaming for change. Please reject the current contract unless there is actual pension reform. This city (and obviously the state - led by the governor who set them all up years ago) is being held hostage by the unions, and it will be evident that you are owned by this group if you do not take control and make change. The people who voted you into office want reform and want to stop paying crazy sums of money that are completely unnecessary. Randy Stuart I want pension reform in Huntington Beach now! I am watching and want any new contract to have a new retirement tier. Discontinue frivolous pays like "fitness pay" should be eliminated not "suspended. ® Reject any contract that comes short of meeting the goals outlined above. i 1-714-968-4125 office rstuart(?varsityspirit.com Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:14 PM To: Esparza, Patty Subject: FW: From: Cristi [mailto:cmulrich@aol.com] Sent: Sunday, July 24, 2011 11:15 PM To: CITY COUNCIL Subject: Please be advised that i do not agree with your ideas.... 1) I want pension reform in Huntington Beach now! 2) I are watching and want any new contract to have a new retirement tier. 3) Any frivolous pays like "fitness pay" should be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Cristi Ulrich Coldwell Banker Previews International The Smith Group Previews Property Specialist (714) 454-9763 949-759-1690 www.cristiulrich.com Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:23 PM To: Esparza, Patty Subject: FW: pension reform From: johnulrich@aol.com [mailto:johnulrich@aol.com] Sent: Monday, July 25, 2011 12:14 PM To: CITY COUNCIL Subject: pension reform We need REAL reform, not kicking the can down the road again. Public employee unions are bleeding us dry. City Council members who go along with their demands should be thrown out. John Ulrich Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:18 PM To: Esparza, Patty Subject: FW: COMMON SENSE From: Dino Vlachos [mailto:dino.helen@verizon.net] Sent: Monday, July 25, 2011 9:56 AM To: CITY COUNCIL Subject: COMMON SENSE We are going broke and the local, state and fed level. Please don't encourage it. Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:14 PM To: Esparza, Patty Subject: FW: Pension reform From: Vanvumd [mailto:vanvumd@yahoo.com] Sent: Sunday, July 24, 2011 10:30 PM To: CITY COUNCIL Subject: Pension reform Dear HB city council members We need Huntington Beach now! I will be watching and want any new contract to have a new retirement tier. Eliminate Any frivolous pays like "fitness pay" not "suspended. I would like this contract rejected until it meets the goals outlined above. Van Vu MD Sent from my Wad Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:24 PM To: Esparza, Patty Subject: FW: pension reform in huntington beach From: Pjwellen@aol.com [mailto:Pjwellen@aol.com] Sent: Monday, July 25, 2011 12:46 PM To: CITY COUNCIL Subject: pension reform in huntington beach we were asked to forward this email to you. we agree that something must be done. look at what happened in costa mesa. if you renew this contract we will now understand how you got elected. righeimer got into the council in c.m. on a reform agenda. from peter and elizabeth wellenstein 9591 indian wells cir. huntington beach, 92646 From: Pete Welienstein; 7141963-9457 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:18 PM To: Esparza, Patty Subject: FW: Please do not support the Employee Union contract disaster!!!! From: dyee@SouthCoastGroup.com [mailto:dyee@SouthCoastGroup.com] Sent: Monday, July 25, 2011 10:39 AM To: CITY COUNCIL Subject: Please do not support the Employee Union contract disaster!!!! TO: city.council(c surfcity-hb.org 1) I want pension reform in Huntington Beach now! 2) I'm watching and want any new contract to have a new retirement tier. 3) Any frivolous pays like "fitness pay" should be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Please do not support the Employee Union contract disaster!!!! Thank you. Dicky Yee 9901 Kite Drive Huntington Beach, CA 92646 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 25, 2011 5:21 PM To: Esparza, Patty Subject: FW: Upcoming election From: Alexandra Zajack[mailto:AlexandraZ@socal.rr.com] Sent: Monday, July 25, 2011 10:48 AM To: CITY COUNCIL Subject: Upcoming election Hello, My family has been residents of Huntington Beach since 1976 and I continue to see the misuse of funds, the latest being your upcoming vote on pensions. If this were put to a vote by HB registered voters, I guarantee reform would be the majority vote. Our city, along with state is broke and the fact that these govt. employees are retiring with their full pay (and more) as retirement is UNREAL. I am sickened that my tax dollars support such nonsense. I would like pension reform in HB NOW. I will be watching to see how you vote since come the next election of your seats, it will be my deciding factor. What is needed is a new contract with a new retirement tier. Any talk of "fitness pay" should be eliminated. The current contract should be rejected. Sincerely, Greg and Alexandra Zajack HB longtime residents Esparza, Patty From: Fikes, Cathy Sent: Tuesday, July 26, 2011 10:21 AM To: Esparza, Patty Subject: FW: Pension Reform From: Terry Crowther [mailto:tcrowther@earthlink.net] Sent: Tuesday, July 26, 2011 10:02 AM To: CITY COUNCIL Subject: Pension Reform Dear City Council, 1) We need pension reform in Huntington Beach now! 2) We need any new contract to have a new retirement tier. 3) We need any frivolous pays like "fitness pay" to be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Thank you, Terry Crowther 949-422-0476 Information from ESET NOD32 Antivirus, version of virus signature database 6324 (20110725) The message was checked by ESET NOD32 Antivirus. http://www.eset.com Esparza, Patty From: Fikes, Cathy Sent: Tuesday, July 26, 2011 10:23 AM To: Esparza, Patty Subject: FW: Employee Union Contract From: Pat Garcia [mailto: Pat@ Escrow. net] Sent: Tuesday, July 26, 2011 10:21 AM To: CITY COUNCIL Cc: PJ Garcia Subject: Employee Union Contract Dear City Councilmembers; Now is the time to do the right thing, the City of Huntington Beach is a great city, I have lived and worked here for a long time. We the people rely on you to make the right choices on our behalf, not to make millionaires of our public servants. No one is indispensable, including the City Council. Your legacy is what you do, not what you say. Pat Garcia Beach Pacific Escrow 7372 Prince Dr Ste 101 Huntington Beach CA 92647-4573 714-842-1670 Office 714-742-1670 Cell Phone Pat@Escrow. net PatsBPE — Yahoo IM --Confidential Communication, do not disclose -- You have received this email as a service of Beach Pacific Escrow. If you wish to unsubscribe from all Beach Pacific Escrow emails, please reply to this email with "unsubscribe" or "remove" in the subject. Unsubscribe Esparza, Patty From: Fikes, Cathy Sent: Tuesday, July 26, 2011 11:04 AM To: Esparza, Patty Subject: FK Employee Pension Reform From: PI Garcia [mailto: PI @ESCROW. NET] Sent: Tuesday, July 26, 2011 10:39 AM To: CITY COUNCIL Cc: Pat@Escrow.net Subject: Employee Pension Reform Dear City Councilmembers; Our public servants deserve our respect and our heartfelt thanks, not our fiscal ruin! As a homeowner and business owner in Huntington Beach, I clearly understand that the Union representatives of the public employees have successfully negotiated contracts that are unsustainable and will bankrupt our city if they continue to be passed by our ELECTED representatives. The citizens of Huntington Beach are tuning in to your actions in ever greater numbers and expect you to act as responsible custodians of our hard earned money without regard to personal agendas or motives. Thank you, PJ Garcia Dedicated to making every escrow as comfortable as your favorite PJ's President, Beach Pacific Escrow Past President, Escrow Institute of California Member California Escrow Association Member American Escrow Association Beach Pacific Escrow, Inc. 7372 Prince Drive, Suite 101 Huntington Beach, CA 92647-4573 714-842-4594 ext. 1 # 714-842-9934 (fax) Pi( escrow.net AYEAdOWED: pease note our new address. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND/OR CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT; OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINA TION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE READ THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND DESTROY THIS MESSAGE, --Confidential Communication, do not disclose -- You have received this email as a service of Beach Pacific Escrow. If you wish to unsubscribe from all Beach Pacific Escrow emails, please reply to this email with "unsubscribe" or "remove" in the subject. Unsubscribe Esparza, Paa From: Fikes, Cathy Sent: Tuesday, July 26, 2011 11:04 AM To: Esparza, Patty Subject: FW: I support common sense reform From: maryann koepp [maiIto: m_koepp@yahoo.com] Sent: Tuesday, July 26, 2011 10:31 AM To: CITY COUNCIL Subject: I support common sense reform Attention: Huntington Beach City Council Members Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Mary Ann Koepp 17361 Breda Lane Huntington Beach, CA 92649 m koepp@yahoo.com 1 Esparza, Patty From: Fikes, Cathy Sent: Tuesday, July 26, 2011 10:19 AM To: Esparza, Patty Subject: FW: Employee Union Contract Disaster - HB Police Officers Association From: Denise[mailto:denise.sunset@surfcity.net] Sent: Tuesday, July 26, 2011 8:48 AM To: CITY COUNCIL Subject: RE: Employee Union Contract Disaster - HB Police Officers Association PLEASE NOTE --- the previous message below was sent on behalf of Denise Ruocco. I was unaware that my email account was still set to Friends of Shipley Nature Center, which I use for transmitting the newsletter. From: Friends of Shipley Nature Center [mailto:FSNC@surfcity.net] Sent: Monday, July 25, 2011 5:04 PM To: city.council@surfcity-hb.org Subject: Employee Union Contract Disaster - HB Police Officers Association Dear Huntington Beach City Council Members: We need Pension Reform in Huntington Beach voting on a Contract Extension for the HB Police Officers Association. 1) 1 want pension reform in Huntington Beach now! 2) 1 am watching and want any new contract to have a new retirement tier. 3) Any frivolous pays like "fitness pay" should be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Sincerely, 9env� ;�u-ocle-o Denise Ruocco 19721 Clancy Lane Huntington Beach, CA 92646 E-mail: denise.sunset(a)surfcitv.net Phone: 714-396-2617 Esparza, Patty From: Fikes, Cathy Sent: Tuesday, July 26, 2011 10:18 AM To: Esparza, Patty Subject: FW: I support common sense reform From: Sue Taylor[mailto:sue.taylor@blueribbonins.com] Sent: Tuesday, July 26, 2011 7:17 AM To: CITY COUNCIL Subject: I support common sense reform Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Thank you, Sue Taylor BLUE kIBBON insurance Agency 18430 Brookhurst St., Ste 202J Fountain Valley, CA 92708 Office: 714-378-6000 Cell: 714-317-0977 Cust. Svc: 310-328-2115 Fax: 310-328-2244 Email: sue.taylor@blueribbonins.com Affiliate Offices at: 1010 Crenshaw Blvd., Ste 270 Torrance, CA 90501 CA Insurance Lic # OG35885 THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE FEDERAL OR STATE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY VIEWING, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU RECEIVE THIS COMMUNICATION IN ERROR, PLEASE DELETE IT AND DESTROY ANY HARD COPIES. THANK YOU. Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 10:42 AM To: Esparza, Patty Subject: FW: City Salaries From: Diane Amendola [mailto:diane@oco.net] Sent: Wednesday, July 27, 2011 10:24 AM To: CITY COUNCIL Subject: City Salaries Please pass this to all council members for public notice of my concerns. Why do the police have a bonus to stay fit? Isn't staying fit a bonus in itself? I think a police officer should be suspended if they don't keep fit (within certain guidelines). Their job, IMO, requires a higher level of physical fitness than many others. In fact if my memory is correct, don't all police have a rigorous fitness test to pass the police academy? We can't afford to "make up" losses of CALPERS, the whole retirement should be on CALPERS with nothing falling on the city. We paid CALPERS for them so the city bailing out CALPERS should not be acceptable. I would like to see the city put all employees on a 401K type plan that the employees contribute to, much like private industry does. And, on another subject when was the last time the Council had the city do a comprehensive performance and financial audit of all departments? And I am not inferring that any departments are doing anything wrong but good business practices should include internal audits and independent audits. Diane Amendola Huntington Beach Homeowner/Voter/Taxpayer Or 7 Agenda Item No. i Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 10:42 AM To: Esparza, Patty Subject: FW: Pension reform From: Kateob123@aol.com [mailto:Kateob123@aol.com] Sent: Wednesday, July 27, 2011 10:27 AM To: CITY COUNCIL Cc: conrad@longbeachroofing.com; jneil@usctrojans.com; jwerrlein@socal.rr.com Subject: Pension reform Dear Council members; 1) I want pension reform in Huntington Beach now! 2) I am are watching and want any new contract to have a new retirement tier. 3) Any frivolous pays like "fitness pay" should be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Catherine Banks 3372 Gilbert Drive Huntington Beach, CA 92649 Esparza, Patty From: Fikes, Cathy Sent: Tuesday, July 26, 2011 5:21 PM To: Esparza, Patty Subject: FW: I support common sense reform From: Armida Brashears [mailto:armidahb@verizon.net] Sent: Tuesday, July 26, 2011 5:19 PM To: CITY COUNCIL Subject: I support common sense reform Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. We need to accept sensible resolution to common problems. Every city is having economic problems so making reasonable agreements is the smart and most economical way to meet the needs we have. Thank you, Armida Brashears, 21632 Hanakai Lane, 45 year resident of Huntington Beach Esparza, Paa From: Fikes, Cathy Sent: Wednesday, July 27, 2011 9:46 AM To: Esparza, Patty Subject: FW: Pension Reform From: Charlotte Christiana[mailto:cjchristiana@verizon.net] Sent: Wednesday, July 27, 2011 12:57 AM To: CITY COUNCIL Subject: Pension Reform The Christiana Family of Huntington Beach wants Pension Reform. Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 11:55 AM To: Esparza, Patty Subject: FW: Employee Union Contract From: nocleugh@hotmail.com [mailto:nocieugh@hotmail.com] Sent: Wednesday, July 27, 2011 11:46 AM To: CITY COUNCIL Subject: Employee Union Contract Dear City Council, I understand that you will be considering a new Employee Union Contract for the Police Deparment at an upcoming City Council meeting. While I feel that the Police Department is vital to Huntington Beach and they should receive a fair contract, it is important to the residents of Huntington Beach that you ensure that the Pension Plan reform necessary begins now. The taxpayers can not afford to carry the burden of overly generous retirement plans. The employee contribution needs to be dramatically increased, the retirement age needs to be adjusted to a later age, and most importantly the percentage of their salary needs to lowered to an amount that is affordable to the taxpayers. We have elected you to represent the best interests of Huntington Beach. Please make sure you do a great job on the upcoming Employee Union Contract. Best regards, Brian Cleugh HB Resident Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 9:45 AM To: Esparza, Patty Subject: FW: I support common sense reform From: Broc Coward [mailto:broccoward@verizon.net] Sent: Wednesday, July 27, 2011 7:58 AM To: CITY COUNCIL Subject: I support common sense reform Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Broc and Laura Coward Harmony Circle Huntington Beach, CA 92647 Essparza, Patty From: Fikes, Cathy Sent: Thursday, July 28, 2011 10:09 AM To: Esparza, Patty Subject: FW: Pension Reform From: Terry Crowther [mailto:tcrowther@earthlink.net] Sent: Thursday, July 28, 2011 9:35 AM To: CITY COUNCIL Subject: RE: Pension Reform Dear City Council, After sending the email below I received additional information from Councilman Shaw — always good to have more information. The conversation that takes place in our home is that that the pendulum has swung from governmental employees receiving lower pay than the private sector but better benefits to now receiving the same pay, or higher pay, while still receiving better benefits. This, along with recessions has created unsustainable compensation and entitlement programs. That said, I would revise the four points in the email below as follows: 1) We need pension and compensation reform so we fall in line with the private sector. 2) We need to make the tough decisions now and not put them off. 3) We need new contracts that are sustainable for the long term through good times and bad. Thank you, Terry Crowther 949-422-0476 From: Terry Crowther [mailto:tcrowther@earthlink.net] Sent: Tuesday, July 26, 2011 10:02 AM To: 'city.council@surfcity-hb.org' Subject: Pension Reform Dear City Council, 1) We need pension reform in Huntington Beach now! 2) We need any new contract to have a new retirement tier. 3) We need any frivolous pays like "fitness pay" to be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Thank you, Terry Crowther 949-422-0476 Information from ESET NOD32 Antivirus, version of virus signature database 6324 (20110725) The message was checked by ESET NOD32 Antivirus. http://www.eset.com Information from ESET NOD32 Antivirus, version of virus signature database 6330 (20110727) The message was checked by ESET NOD32 Antivirus. http://www.eset.com Information from ESET NOD32 Antivirus, version of virus signature database 6332 (20110728) The message was checked by ESET NOD32 Antivirus. http://www.eset.com Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 10:43 AM To: Esparza, Patty Subject: FW: POA From: Bob Ewing [ma ilto: Bob. Ewing @fcch b.com] Sent: Wednesday, July 27, 2011 10:23 AM To: CITY COUNCIL Subject: POA Dear City Council: I am a 30-year resident of Huntington Beach; the Executive Pastor of First Christian Church; a member of the Board of Directors for the Huntington Beach Chamber of Commerce; a strong supporter of the Huntington Beach PD. I would like to see some pension reform here in Huntington Beach. I would like to see that any new contract with the unions protect their future and that of future employees by adding a new retirement tier. I would also ask that you seriously examine any frivolous pay units such as "fitness pay" and eliminate them completely from the contracts. I would also ask that you reject the recent Police Officers Associations' offer and enter into good -faith negotiations for the brand new contract that will come up next year. I understand that it's important to save money and that the offer does just that. But that's only temporary and in the long run it's not the best action to take for the city and its employees. I will be in attendance at the August 1 meeting and hope to see some action taken that will help the entire city. Please reject this contract. Thank you for your service and your consideration of this matter. Bob Ewing 4690 Oceano Circle HB, CA 92649 IEsparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 4:04 PM To: Esparza, Patty Subject: FW: Please wake up there is no Pension Crisis! From: Greg Ferguson [mailto:fergy@pacbell.net] Sent: Wednesday, July 27, 2011 1:53 PM To: CITY COUNCIL Subject: Please wake up there is no Pension Crisis! City Council If you believe there is a pension crisis I ask you to do some homework. You are giving into right wing lies.Please do the right thing and quit playing with the lives of those who work for you! Greg Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 4:06 PM To: Esparza, Patty Subject: FW: Pension reform From: John Gulsby [mailto:gulsbyja@earthlink.net] Sent: Wednesday, July 27, 2011 2:11 PM To: CITY COUNCIL Subject: Pension reform Dear City Council, Please approve the negotiated concessions with our police officers as the first step toward gradual and common sense pension reform. John Gulsby Esparza, Patty From: Fikes, Cathy Sent: Tuesday, July 26, 2011 7:58 PM To: Esparza, Patty Subject: FW: Budget request From: Cathi Hacker [mailto:mauihacker@gmail.com] Sent: Tuesday, July 26, 2011 7:52 PM To: CITY COUNCIL Subject: Budget request Dear City Council member, I am writing because I am concerned about police retirement issues that have been brought to my attention. As a state employee and a advanced degree nurse I find it unbelievable that in this economy we are still offering full retirement pay and not eliminating fitness pay. I expect my police officers to be fit to keep employed but do I really need to pay for that? It should be their own personal responsibility to pay for their own fitness as I am expected to pay for my own CPR and first aid cards for my job. This is not longer the 90's where money is not needed to be as disciplined and their aren't enough interested candidates for the job. I even understand the fact that we may need to grandfather in these changes but we need to be fiscally responsible and it needs to start now. Our officers are great public servants and I really appreciate the job they do but full pay retirement is just something we cannot afford any more. I too make life and death decisions on a daily basis but I will never get a retirement package like this one. I do my job because it is a profession I chose to do not because I get to retire earlier (something I will never get to do) at a bigger salary. I sure there are many out there who would do the same thing as I would. Please help keep our costs within a sane budget. Thank You. Catherine Hacker 9122 Madeline Drive Huntington Beach, Calif. 92646 714-609-0357 Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 5:04 PM To: Esparza, Patty Subject: FW: Pension Reform needed before our city goes under -----Original Message ----- From: lynda@ralphhernandezco.com[mailto:lynda@ralphhernandezco.com] Sent: Wednesday, July 27, 2011 4:53 PM To: CITY COUNCIL Subject: Pension Reform needed before our city goes under Dear City Council members: Our city like many across the U.S. is in financial distress. Pension plans are part of the problem and bringing them to a more realistic level based on our current economic situation should be part of the solution. Please support the negotiated concessions that have already been made with police officers as a starting point. Thank you! Sincerely, Lynda A. Hernandez 8232 Munster Dr. Huntington Beach, CA 92646 714-803-9676 The Ralph Hernandez Co., Inc. 1446 East Chestnut Ave. Santa Ana, CA 92701-6319 800/539-7270 Fax: 714/539-7269 email: Ivnda(@ralphhernandezco.com www.ralphhernandezco.com Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 9:46 AM To: Esparza, Patty Subject: FW: pension reform From: rmjones4@verizon.net [mailto:rmjones4@verizon.net] Sent: Wednesday, July 27, 2011 6:58 AM To: CITY COUNCIL Subject: pension reform To the members of our City Council, I am a retired individual ..... I get a retirement benefit -monthly- from what "I" put into this fund as I was working. NO ONE gave me any money ... let alone am I getting 100% of what my salary was, while I worked. Please vote no to this ridiculous situation. WE need pension reform, NOW A concerned citizen of Huntington Beach, CA, Maria Jones Esparza, Patty From: Fikes, Cathy Sent: Tuesday, July 26, 2011 7:53 PM To: Esparza, Patty Subject: FW: Pension Reform From: shalayton@aol.com [mailto:shalayton@aol.com] Sent: Tuesday, July 26, 2011 7:50 PM To: CITY COUNCIL Subject: Pension Reform I know you will be voting on Monday, August 1 st on a Contract Extension for the HB Police Officers Association. I understand that several of you are prepared to give unions just what they want, instead of supporting us taxpayers: I am writing to express the need for pension reform for the HB Police Officers Association. Any new contract should have a new retirement tier. In addition, frivolous pay like fitness pay should be eliminated not merely "suspended". Please consider what the taxpayers want. We are tired of paying higher taxes for the benefit of a few. Most of us hard working citizens are not guaranteed such exorbitant benefits. hope you will take my concerns into consideration when you vote on Monday. Thank you for your time. Sincerely, Sharon Layton Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 4:13 PM To: Esparza, Patty Subject: FW: pension reform From: Elaine Meigs [mailto:elainemeigs@socal.rr.com] Sent: Wednesday, July 27, 2011 3:39 PM To: CITY COUNCIL Subject: pension reform Dear City Council: ® Please approve the negotiated concessions with our police officers as the first step toward gradual and common sense pension reform. Elaine Meigs Esparza, Patty From: Fikes, Cathy Sent: Tuesday, July 26, 2011 3:55 PM To: Esparza, Patty Subject: FW: City Employee Pension Plans From: Rich Meyer [mailto:richmeyer.rj@gmail.com] Sent: Tuesday, July 26, 2011 3:53 PM To: CITY COUNCIL Cc: cuhappy@aol.com Subject: City Employee Pension Plans Now is the time for immediate Pension Plan Reform in Huntington Beach. I am outraged that this city is considering extending the current HB Police Officers Associations contract with a token change of the "fitness pay provision" . The city is going down the same path as the State of California. Increased debt for many years. We need to change the contracts to mirror private industry. Most firms match employee contributions to a 401K plan, up to 8% of the employees pay. The days of companies paying for a company funded retirement pay package are going away or are all ready gone. I worked for more than 30 years in aerospace and based on age and years of service I receive about 30% of my last 5 years average yearly pay. You need to negotiate a new deal. Remember everything you give the Police, you will end up giving similarly to the other city organizations in their negotiations. Let's make Hunting Beach the trend setter for new pay policies and help solve some of the debt issues. Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 4:03 PM To: Esparza, Patty Subject: FW: From: jackie morgan [mailto:jkymor@yahoo.com] Sent: Wednesday, July 27, 2011 1:02 PM To: CITY COUNCIL Subject: As a citizen of Huntington Beach since 1962, I believe we need some changes in policy. We need pension reform, a new retirement tier, no fitness pay, no new contract until it has met all these terms. Jacqueline Morgan Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 4:04 PM To: Esparza, Patty Subject: FW: Enough is Enough From: PARS11@aol.com [mailto:PARS11@aol.com] Sent: Wednesday, July 27, 2011 1:11 PM To: CITY COUNCIL Subject: Enough is Enough Members of the Council, I still consider myself a main line Democrat. I will support Obama again. However, many who share my political philosophy have had it with overpaid city employees, fire, Police, etc. I think reading about our retired Fire Chief sent many of us over the edge. I am not saying these people are doing anything illegal but there is nothing good to be said about "doing it because you can.". A lack of integrity, professionalism, ethics? Call it what you will but it needs to end, in so very many areas. know some of you are right now considering the ramifications of your political future to vote for fiscal responsibility and call the labor unions out. I can't say that I wouldn't be thinking the same thing if I were inclined to political office. I think the time is ripe for putting an end to some of this. In the words of that detestable Dr. Laura........ Do the Right Thing Merle Moshiri Esparza, Pa From: Fikes, Cathy Sent: Thursday, July 28, 2011 9:50 AM To: Esparza, Patty Subject: FW: Pension Reform redue From: PARS11@aol.com [mailto:PARS11@aol.com] Sent: Wednesday, July 27, 2011 10:39 PM To: CITY COUNCIL Subject: Pension Reform redue Members of the Council, Off and on for most of today, my husband & I have discussed the pension reform and associated contract reforms involving police and fire. It goes to show what becomes interesting to talk about after 48 years of marriage. I told him of my previous letter to you. Let me begin by saying that my husband was a part of the labor negotiating team for the L. A. County Sanitation Districts before his retirement. We have been reviewing what we think we know regarding the issues. I have to admit that I was/am really annoyed by past perks and pension benefits given to police & fire, not to even mention City administration. But........ these were voted for by previous Councils and at the recommendation of City advisors and administration. You/we bear the responsibility. Together, we would like to commend your efforts to achieve the goals of pension & benefit reforms as recommended by Mr. Bartels, especially of getting Safety to 2 50 and non -safety 2Q-60. It would be huge. Mike, my husband, points out that if the employees took this to Court, they would most likely win right now, so better we move in the right direction right now, keep working with them, and come in on the new contracts in two years with a victory for reform. This is hard for me to concede, but I don't think there is any denying that right now we have been offered a "bird in the hand" and we would be wise to take it. $1.7 million is not something we can sneeze at. We can be angry at the past, but we need to work in the present. We/you don't need to prove or show anything to the unions, except good intent. I think we all realize that the good/bad of days are over. We need to get real but not cut off our noses to spite our face trying to do it. Mike and Merle Moshiri Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 9:47 AM To: Esparza, Patty Subject: FW: Reform on Pensions -----Original Message ----- From: jneilnelson@me.com [mailto:jneilnelson@me.com] Sent: Tuesday, July 26, 2011 10:19 PM To: CITY COUNCIL Subject: Reform on Pensions You will destroy our City unless you face the out of control Union driven pension plans. Time for change and a more realistic retirement and benefits deal. Please do not roll over on this. Give the rest of us the future we deserve in HB Jneil Nelson 17045 Courtney Lane 92649 Sent from my iPad Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 5:55 PM To: Esparza, Patty Subject: FW: From Vern Nelson - Please approve our police's negotiated concessions! From: ChezVern@aol.com [mailto:ChezVern@aol.com] Sent: Wednesday, July 27, 2011 5:09 PM To: CITY COUNCIL Subject: From Vern Nelson - Please approve our police's negotiated concessions! Huntington Beach needs gradual, common-sense pension reform. We don't want to be a bitter and wasteful battleground like Costa Mesa. As your colleague Mr. Shaw has written, if you reject this contract, you will have rejected nearly $3 million in concession savings over the next two years. Trust me, you don't want to end up like Costa Mesa, bleeding money and valuable employees in a race to the bottom. We citizens don't want that. Do the reasonable thing, please. Vern P Nelson, musician and blogger (714) 235-VERN The Orange Juice Blog Loose Cannon Press / The Vern Nelson Problem Esparza, Patty From: Fikes, Cathy Sent: Tuesday, July 26, 2011 12:25 PM To: Esparza, Patty Subject: FW: Union contracts From: marg [mailto:margaretnerio@aol.com] Sent: Tuesday, July 26, 2011 11:52 AM To: CITY COUNCIL Subject: Union contracts Dear Council Persons, It is prbably the easiest thing to approve contracts for cit employees rathr than t take a stand and say we can not afford to continue pay these costs for retirement benefits. I know that we would alllike to have these benefits, but we simmply cannot afford to give these benefits to these employees, without their paying their fair share. Our national government is having to cut spending, we cannot continue spending. How do you propse to get the funds to pay fo these benefits? Everyone is being squeezed by increased taxes and fees. California is losing many large companes becuse of too much regulatio and higher taxes. Huntinton Beach hs a reputation of being tough on business. The city must change their wayof doing business Thank you, Margaret Nerio Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 9:47 AM To: Esparza, Patty Subject: FW: I support common sense reform -----Original Message ----- From: Linda Peterson [mailto:HPandLKP@aol.com] Sent: Tuesday, July 26, 2011 9:58 PM To: CITY COUNCIL Subject: I support common sense reform Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Es pa rza, Pa From: Fikes, Cathy Sent: Wednesday, July 27, 2011 4:06 PM To: Esparza, Patty Subject: FW: Common Sense Pension Reform From: Gregory Pianowski [mailto:gregory.pianowski@gmail.com] Sent: Wednesday, July 27, 2011 2:26 PM To: CITY COUNCIL Subject: Common Sense Pension Reform Dear Huntington Beach City Council, I am writing to you today to ask that you please approve the negotiated concessions with our police officers as the first step toward gradual and common sense pension reform. I understand that no cut is easy to make, 1 however we have to consider cuts that promote the long-term health of our city and avoid partisan decisions. i Thank you for your time, Gregory Pianowski Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Wednesday, July 27, 2011 5:52 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8801 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Jack & Jo Ann Radzai Description: Do NOT give in to public employees union demands Expected Close Date: 07/28/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Fikes, Cathy Sent: Thursday, July 28, 2011 10:13 AM To: Esparza, Patty Subject: FW: HB resident for common sense pension reform.... From: brad shefmire [mailto:b.shefmire@gmail.com] Sent: Thursday, July 28, 2011 9:49 AM To: CITY COUNCIL Subject: HB resident for common sense pension reform.... Please approve the negotiated concessions with our police officers as the first step toward gradual and common sense pension reform.' Thanks Brad Shefmire 8126 Pennington Dr. Huntington beach, ca 92646 Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 4:06 PM To: Esparza, Patty Subject: FW: Common Sense Pension Reform -----Original Message ----- From: Margaret Sloan [mailto:peggysloan@gmail.com] Sent: Wednesday, July 27, 2011 2:27 PM To: CITY COUNCIL Subject: Common Sense Pension Reform Please approve the negotiated concessions with our police officers as the first step toward gradual and common sense pension reform. Thank you. Peggy Sloan Sent from my iPhone Esparza, Patty From: Fikes, Cathy Sent: Wednesday, July 27, 2011 4:12 PM To: Esparza, Patty Subject: FW: Pension Reform From: Linda Warner [mailto:grelinda@socal.rr.com] Sent: Wednesday, July 27, 2011 2:52 PM To: CITY COUNCIL Subject: Pension Reform Please approve the negotiated concessions with our police officers as the first step toward gradual and common sense pension reform. Thank you. Linda Peach Warner 8196 Wildwood Drive Huntington Beach CA 92646 grelinda(aD-socal.rr.corn Information from ESET NOD32 Antivirus, version of virus signature database 6330 (20110727) The message was checked by ESET NOD32 Antivirus. http://www.eset.com Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:25 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8880 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Cathy Meschuk Description: To: Huntington Beach City Council Members It is time to take appropriate action and vote for pension reform in Huntington Beach. The current H.B. Police Association contract needs to be rejected. There needs to be a new retirement tier and frivolous "fitness pay" needs to be eliminated. As a Huntington Beach resident and taxpayer, I am asking that you vote to reject this contract. Sincerely, Cathy Meschuk 20451 Kelvingrove Ln. Huntington Beach, CA 92646 714 968-7219 Expected Close Date: 08/02/2011 Click here to access the reauest Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:24 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8879 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Anita Baker Description: Huntington Beach City Council, Huntington Beach needs pension reform now. We are watching and want a new contract to have a new retirement tier. Frivolous pay should be eliminated. The Police Officers Association should reject any contract until these goals are met. Sincerely, A conderned HB resident Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:23 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8878 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Cheryl De Marco Description: My husband and I have been residents in the City of Huntington Beach for over 25 years now. We both just turned 50 and have 3 children, 2 of which are now registered to vote and another almost ready to vote. This email represents 4 voting residents! We (4 voting citizens) are all VERY concerned about the upcoming vote on the Contact Extension for the HB Police Officers Association. Specifically in the light of all the problems with funding pensions for the future. The tax payers just cannot do it. The future is grim and all of the City Council members should ask themselves how their children might afford such a contract deal with the Employee Union. All of the residents in the City of Huntington Beach should be very concerned about such an important issue! We (4 voting citizens) would like Pension reform in our city immediately! This is beneficial long-term fiscal health and well-being. We also understand this new contract with the Union will pay "fitness pay" — which should be eliminated from any contract now and in the future. Any new contracts the city makes should include a retirement tier. Please be firm and do not settle with the Unions. They are powerful and have a lot of money, unlike our city. As a representative of the voting tax -payers, the DeMarco Family (4 voting citizens), ask you reject any contract until it includes pension reform, retirement tiers and eliminates fitness pay. Sincerely, Cheryl De Marco in 714.473.6623 Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:22 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8876 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Eric Bryant Description: City Council Members, I wish to voice my strong oppostition the current contract extension proposal. The retirement section needs to be reworked. 100k per year retirement is way too much. 100k salary is way to much!!! WE THE VOTERS ARE WATCHING! ! ! ! ! ! ! See you on the 1 st! ! ! ! Eric Bryant Quest Financial Corporation Office: (949) 417-1080 4340 Campus Drive Suite 217 Toll Free: (800) 728-8873 Newport Beach, CA 92660 Fax: (949) 417-1081 ericbkquestfinancial.com Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [norepiy@user.govoutreach.com] Sent: Monday, August 01, 2011 9:20 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8875 from the Government Outreach System has been assigned to .Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Shirley Orlando Description: Dear HB Council Members, July 25, 2011 Incredibly but true, in the midst of national and local economic catastrophe it's business as usual with the Huntington Beach City Council and the Unions. That you are even considering extending the bloated contracts of City workers is preposterous. A retirement package that the rest of us just dream of is expected by City employees, and put on the backs of Huntington Beach's citizens. Our employees should be paying half of the monies to fund their retirements, and that would be extremely generous. Our employees retiring at 100% of pay is ludicrous. That you, the City Council ever gave in to such demands requires scrutiny, and accountability, if not downright investigation! At a time when California cities are belly -up, and entire Councils are being fired by the citizens, one would think a little restraint is in order. The City is showing signs of neglect; streets, trees, sidewalks, etc. All the money is going to feed the pension "monster". Please show some restraint. We need to reduce benefits, up the retirement age, lower amounts paid into retirement systems and start acting like responsible adults in the City of Huntington Beach. While you are trying to appear nice by giving the Unions everything they demand, you are denying services and taking food off the tables of Huntington Beach citizens by these voracious benefit packages. The unfunded liabilities is ballooning, while monies actually spent on running the City is shrinking by an alarming degree. Please, do your jobs and work for the citizens of Huntington Beach, and not just Unions and their beneficiaries! Thank you. A very concerned citizen and longtime resident of Huntington Beach. Shirley W. Orlando 8671 Camel Circle Huntington Beach, CA. 92647 Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:19 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8874 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: John Ulrich Description: We need REAL reform, not kicking the can down the road again. Public employee unions are bleeding us dry. City Council members who go along with their demands should be thrown out. John Ulrich Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:17 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8873 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Pete Wellenstein Description: we were asked to forward this email to you. we agree that something must be done. look at what happened in costa mesa. if you renew this contract we will now understand how you got elected. righeimer got into the council in c.m. on a reform agenda. from peter and elizabeth wellenstein 9591 indian wells cir. huntington beach, 92646 From: Pete Wellenstein; 714/963-9457 Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:16 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8872 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Brian Metherell Description: Dear HB City Council Members, I have been made aware of the pending vote to extend the HB Police Dept. contract for an additional 3 years without any provision for Tiered retirement pay. You are also planning to suspend temporarily the "Fitness Pay" bonus. As a taxpayer I am appalled that this bonus exists at all. You are either able to meet the standards of a police officer or you should be terminated. Staying at a certain level of physical fitness should be a basic requirement in the police force. This enables them to do their job. Please vote to eliminate this obvious perk. We are all aware that the retirement for police and many other civil servants is simply beyond the ability of the taxpaying public to support. You are responsible for trying to find balance. We must begin to realign the grossly unfair benefits that come to civil servant at the cost of bankrupting the next generation. I firmly request that you listen to the real public (not the union reps and lobbyists). Your taxpayers now and in the future cannot afford it. You have a chance to make a difference now. Please do the right thing and vote against this contract and obtain a better deal for the city. Regards, Brian Metherell. Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:14 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8871 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Johanna Stephenson Description: The City cannot afford these Cadillac benefits please reject this ridiculous contract or the City may be facing bankruptcy in the near future William G. Prescott Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:13 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8870 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Ron Pascual Description: Contract should be rejected! HB Resident and Property owner! Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:12 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8869 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Randy Stuart Description: HB city council members, I believe if you put this to a vote (HB citizens), there would be an overwhelming majority screaming for change. Please reject the current contract unless there is actual pension reform. This city (and obviously the state led by the governor who set them all up years ago) is being held hostage by the unions, and it will be evident that you are owned by this group if you do not take control and make change. The people who voted you into office want reform and want to stop paying crazy sums of money that are completely unnecessary. • I want pension reform in Huntington Beach now! • I am watching and want any new contract to have a new retirement tier. • Discontinue frivolous pays like "fitness pay" should be eliminated not "suspended. • Reject any contract that comes short of meeting the goals outlined above. Randy Stuart 1-714-968-4125 office rstuartkvarsityspirit. com Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:11 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8868 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Lawrence Lee Description: Dear City Council, It has been brought to my attention that there is a very important vote coming up involving city pension contracts. We must be responsible citizens and guarantee that the City of Huntington Beach not follow in the footsteps of those cities in the Southland that are mis-managed. Therefore; 1) I want pension reform in Huntington Beach now! 2)1 am watching and want any new contract to have a new retirement tier. 3) Any frivolous pays like "fitness pay" should be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. Thank you for your service to the city. Sincerely, Lawrence S. Lee 10262 Wesley Circle Huntington Beach, CA. 92646 e-mail: larry.leektri-starelectronic s. com Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:10 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8867 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Nancy Stuart Description: HB city council members, I believe if you put this to a vote (HB citizens), there would be an overwhelming majority screaming for change. Please reject the current contract unless there is actual pension reform. This city (and obviously the state - led by the governor who set them all up years ago) is being held hostage by the unions, and it will be evident that you are owned by this group if you do not take control and make change. The people who voted you into office want reform and want to stop paying crazy sums of money that are completely unnecessary. • I want pension reform in Huntington Beach now! • I am watching and want any new contract to have a new retirement tier. • Frivolous pays like "fitness pay" should be ELIMINATED, not "suspended. • Reject any contract that comes short of meeting the goals outlined above. Nancy Stuart Sales Trainer Varsity Spirit Fashions 714.968.4125 phone 866.885.6196 fax nstuartgvarsityspirit. com http://shop.varsily.com Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Sun` City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:08 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8866 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Kevin Smith Description: Good morning City Council of HB, I do believe it's time for pension reform for HB firefighters and police. I'm not against firefighters and police. They provide a necessary service for our city. I just believe they should have compensation and benefit packages more similar to HB residents working in the private sector. In this struggling economy where it seems in the paper you read every day about So Cal cities trying to balance their budgets and cut spending, it's very important we as citizens look at every dollar that's being spent by our local governments and make sure it's going to the right place. Let's spend our money wisely. Reject the HB Police Officers Association request for contract extension. Reform their pensions and establish a new retirement tier. If HB police can retire in their 50's and collect 100% of their salaries for the rest of their lives, this is wrong. On top of that I understand their pensions are funded primarily by the taxpayer, and not themselves! It sounds like sour grapes I know. But it's my taxes that are paying their pensions. Good for them choosing a profession with these kinds of benefits and taking advantage of a beneficial situation for themselves. I wish I had done it. I'd like to get paid more for staying in shape too! I can't go back and do it all over again, but as a citizen of Huntington Beach I can fight for what is fair. Reject the contract until it's fair to the taxpayers. Thanks, Kevin Smith Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:06 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8864 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Sipkovich Vince Description: I believe that it would be foolish and irresponsible to vote against voluntary concessions offered by the police union. They are giving us a chance to save a lot of money. VOTE YES on this offer. Vince Sipkovich Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com) Sent: Monday, August 01, 2011 9:05 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8863 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Scott McKown Description: Representatives of our police officers have offered concessions to help the City balance its' budget. Please approve the negotiated concessions which have been generously offered and let's work together to get beyond these difficult times and look forward to better times. Scott McKown 19741 Coastline Lane Huntington Beach, CA 92648 smckownkmckownconsulting com Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 9:03 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request 4 8862 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: David Morzella Description: The Honorable Huntington Beach City Council members: I write to you today in hope that you seize all opportunities to reform City Employee pension and some contractual benefits. As I understand it, this evening you have a key opportunity and responsibility to the tax payer to begin the process of contract negations. I would like to see may elected officials take part in true reform and stand firm on these core reform issues and not pass the proposed plan unless the following changes are adopted. Please do not support an agreement that extends a contract without establishment of the following. - Make needed changes now while you hold the negotiating cards. - Establish a two tier system for new hires, now and not later. - Require employees to contribute the maximum toward their pensions - Eliminate frivolous benefits such as the fitness provision As it stands today too much of our city's general fund is being allocated to funding guaranteed retirement and these cost have ballooned over the years. Please don't fall victim to the "Contract Extension" game that is being played and make the changes which are needed today. The Safety employees need to fund their fair share of their retirement pensions. Please don't kick this can down the road. Be bold and take on the Union in the interest of the tax payer! The time for pension reform is now. Sincerely David Morzella Huntington Beach CA, 92646 Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Es pa rza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 8:59 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8861 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Daniel Gooch Description: Councilman Hansen: I've reviewed the agenda for Monday and have a few questions. Would you: Advise me as to when the existing side letter is due to expire. Advise me as to your thoughts and recommendations as to the proposed extension. Thanks for the information and thanks for your service. Dan Gooch 16342 Woodstock Lane 562-896-0475 Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Paf#y From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 8:57 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8859 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Candace Moyer-Dokulil Description: Please stop the amazing burden on our taxes. This state is sick and you are part of the problem if you do this. Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 8:55 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8858 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Roberta Reed Description: Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Roberta Reed 208 15th Street Huntington Beach CA 92648 Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. EsEarza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 01, 2011 8:34 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8857 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Louise Stewardson Description: Please approve the negotiated concessions with our police officers as the first step towards gradual and common sense pension reform. Louise Stewardson 19741 Coastline Lane Huntington Beach, CA 92648 Expected Close Date: 08/02/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Sunday, July 31, 2011 9:22 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8856 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Charles Leech Sr. Description: Dear Councilmember Shaw, As our nation, states and municipalities struggle with deficits and debt, our city is facing a $3.5 MILLION budget gap and a current unfunded pension liability of close to $200 MILLION. We look to you and the other HB City Council members to make the courageous decisions to right our city's fiscal ship. There is no need to immediately agree to the offer of the Police union when the contract doesn't expire until March 2012. Please take the time to negotiate a contract that is in the best interests of our city's financial future. Your legacy will depend on how you resolve the union pay and pension imbalances in Huntington Beach's current and future budgets. Sincerely, Charles E. G. Leech Sr. Expected Close Date: 08/01/2011. Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Sunday, July 31, 2011 9:21 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8855 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Charles Leech Sr. Description: Dear Councilmember Harper, As our nation, states and municipalities struggle with deficits and debt, our city is facing a $3.5 MILLION budget gap and a current unfunded pension liability of close to $200 MILLION. We look to you and the other HB City Council members to make the courageous decisions to right our city's fiscal ship. There is no need to immediately agree to the offer of the Police union when the contract doesn't expire until March 2012. Please take the time to negotiate a contract that is in the best interests of our city's financial future. Your legacy will depend on how you resolve the union pay and pension imbalances in. Huntington Beach's current and future budgets. Sincerely, Charles E. G. Leech Sr. Expected Close Date: 08/01/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Sunday, July 31, 2011 9:20 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8853 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Charles Leech Sr. Description: Dear Councilmember Dwyer, As our nation, states and municipalities struggle with deficits and debt, our city is facing a $3.5 MILLION budget gap and a current unfunded pension liability of close to $200 MILLION. We look to you and the other HB City Council members to make the courageous decisions to right our city's fiscal ship. There is no need to immediately agree to the offer of the Police union when the contract doesn't expire until March 2012. Please take the time to negotiate a contract that is in the best interests of our city's financial future. Your legacy will depend on how you resolve the union pay and pension imbalances in Huntington Beach's current and future budgets. Sincerely, Charles E. G. Leech Sr. Expected Close Date: 08/01/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Sunday, July 31, 2011 9:19 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8852 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Charles Leech Sr. Description: Dear Councilmember Boardman, As our nation, states and municipalities struggle with deficits and debt, our city is facing a $3.5 MILLION budget gap and a current unfunded pension liability of close to $200 MILLION. We look to you and the other HB City Council members to make the courageous decisions to right our city's fiscal ship. There is no need to immediately agree to the offer of the Police union when the contract doesn't expire until March 2012. Please take the time to negotiate a contract that is in the best interests of our city's financial future. Your legacy will depend on how you resolve the union pay and pension imbalances in Huntington Beach's current and future budgets. Sincerely, Charles E. G. Leech Sr. Expected Close Date: 08/01/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com) Sent: Sunday, July 31, 2011 9:18 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8851 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Charles Leech Sr. Description: Dear Councilman Bohr, As our nation, states and municipalities struggle with deficits and debt, our city is facing a $3.5 MILLION budget gap and a current unfunded pension liability of close to $200 MILLION. We look to you and the other HB City Council members to make the courageous decisions to right our city's fiscal ship. There is no need to immediately agree to the offer of the Police union when the contract doesn't expire until March 2012. Please take the time to negotiate a contract that is in the best interests of our city's financial future. Your legacy will depend on how you resolve the union pay and pension imbalances in Huntington Beach's current and future budgets. Sincerely, Charles E. G. Leech Sr. Expected Close Date: 08/01/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Sunday, July 31, 2011 9:17 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8850 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Charles Leech Sr. Description: Dear Councilman Hansen, As our nation, states and municipalities struggle with deficits and debt, our city is facing a $3.5 MILLION budget gap and a current unfunded pension liability of close to $200 MILLION. We look to you and the other HB City Council members to make the courageous decisions to right our city's fiscal ship. There is no need to immediately agree to the offer of the Police union when the contract doesn't expire until March 2012. Please take the time to negotiate a contract that is in the best interests of our city's financial future. Your legacy will depend on how you resolve the union pay and pension imbalances in Huntington Beach's current and future budgets. Sincerely, Charles E. G. Leech Sr. Expected Close Date: 08/01/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Sunday, July 31, 2011 9:15 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8849 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Charles Leech Sr. Description: Dear Mr. Carchio, As our nation, states and municipalities struggle with deficits and debt, our city is facing a $3.5 MILLION budget gap and a current unfunded pension liability of close to $200 MILLION. We look to you and the other HB City Council members to make the courageous decisions to right our city's fiscal ship. There is no need to immediately agree to the offer of the Police union when the contract doesn't expire until March 2012. Please take the time to negotiate a contract that is in the best interests of our city's financial future. Your legacy will depend on how you resolve the union pay and pension imbalances in Huntington Beach's current and future budgets. Sincerely, Charles E. G. Leech Sr. Expected Close Date: 08/01/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Print Request Page 1 of 1 Request: 8785 Entered on: 07/26/2011 07:23 AM uusromer ►nrormarion Name: Daralie Hamilton Phone: (714) 962-3969 Address: 9351 Grand Drive Alt. Phone: (714) 585-3389 Huntington Beach, CA 92646 Email: daraliehamilton@msn.com mequesr u►assmcar►on Topic: City Council - Comment on an Agenda Request type: Comment Item Status: Closed Priority: Normal Assigned to: Johanna Stephenson Entered Via: Web City Council: 8 - All Members of City Council uescr►pr►on 1) We want pension reform in Huntington Beach now! 2) We are watching and want any new contract to have a new retirement tier. 3) Any frivolous pays like "fitness pay" should be eliminated not "suspended. 4) This contract should be rejected until it meets the goals outlined above. n Ud*V/1 %11U. ;U Thank you for your comments on this item. Your comments have been forwarded to city council for their consideration. A copy of your comments will also be forwarded to the City Clerk to be included in the record on this item. Again, thank you for taking the time to make your views known. Date Expect Closed: 07/27/2011 Date Closed: 07/26/2011 09:24 AM By: Johanna Stephenson Enter Field Notes Below Notes: Notes Taken By: Date: http://user.govoutreach.com/surfcity/printrequest.php?curid=700657&type=0 8/1 /2011 Print Request Page 1 of 1 Request: 8773 Entered on: 07/24/2011 9:38 Phil c.usromer ►nrormarion Name: loretta belt Phone: (714) 960-6393 Address: 6267 surfpoint circle Alt. Phone: Huntington Beach, CA 92648 Email: chezbelt@aold.com rvequesr t.►assmcauon Topic: City Council - Comment on an Agenda Request type: Comment Item Status: Closed Priority: Normal Assigned to: Johanna Stephenson Entered Via: Web City Council: 8 - All Members of City Council uescnpr►on Don't know what your perks are but the fire and police people are awesome! and derserve (do you?) every thing they get. vre feel lucky to live in HB because of the 911/emergency service personnel. my hubby is bedridden and the 911, cops and firemen have been instantly responsive, effective, helpful, thoughtful, sensitive and caring. if there is a budget'issue' perhaps eliminate a council position to generate more money for the emergency people - they sure do their jojbs well, efficiently and effectively. rNCQOV►/ VrvACv Thank you for your comments on this item. Your comments have been forwarded to city council for their consideration. A copy of your comments will also be forwarded to the City Clerk to be included in the record on this item. Again, thank you for taking the time to make your views known. Date Expect Closed: 08/02/2011 Date Closed: 07/26/2011 09:25 AM By: Johanna Stephenson Enter Field (Votes Below Notes: Notes Taken By: Date: http://user.govoutreach.com/surfcity/printrequest.php?curid=699667&type=0 8/1/2011 Esparza, Pa From: Fikes, Cathy Sent: Thursday, July 28, 2011 8:41 PM To: Esparza, Patty Subject: FW: Pensions for HB employees From: Jack & Pat Starr [ma iIto: patjackstarr@yahoo.com] Sent: Thursday, July 28, 2011 5:05 PM To: CITY COUNCIL Subject: Pensions for HB employees We want pension reform in Huntington Beach NOW. We are watching and want any new contracts to have a new retirement tier. Any frivolous pay like "fitness pay" should be ELIMINATED, not suspended. This contract should be rejected until it meets the goals outlined above. Any new contract should be subject to acturial, financial and accounting review by an impartial panel.. bqck&PqtSt,q.rr Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:13 PM To: Esparza, Patty Subject: FW: I support common sense reform -----Original Message ----- From: Dan Kalmick [mailto:dkalmick@gmail.com] Sent: Friday, July 29, 2011 1:28 PM To: CITY COUNCIL Subject: I support common sense reform The MOU that is sunsetting September 30th needs to be renewed. Letting it expire will allow a 2% increase in the cities pension costs for Police - safety personnel and allow them to claim a 3% fit bonus as well. Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Additionally I would hope that the City Council will continue to negotiate with our employees so that they we may get all of our employees paying their own contribution to their pensions and not having the City pick that up. 9% for safety and 8% for everyone else. Thank you, Dan Kalmick dkalmickCaD-gmail.com Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:11 PM To: Esparza, Patty Subject: FW: Police contract and negotiations -----Original Message ----- From: Carrie Martin[mailto:stevencarrie@verizon.net] Sent: Friday, July 29, 2011 2:23 PM To: CITY COUNCIL Cc: president@hbpoa.org Subject: Police contract and negotiations Dear Members of the City Council, I support our Huntington Beach police officers' contract. I have been a resident of Huntington Beach for over 46 years and have seen first- hand what a difficult job that they have. I've seen Main Street change from a quaint place to visit regularly to a street laden with bars and undesirable people from out of town who have no respect for our local community much less our police department. With the US Open, the over -the -top crowds during the fourth of July, the Friday and Saturday night crowds.on Main Street (which I will not take my children to), the frequent demonstrators on the pier, our increasing homeless/transient population, and other events that put a strain on the police force. We MUST pay them (and their pensions) accordingly so that we can attract top-notch candidates in the future. As far as the physical fitness incentive, this is not new. Many companies offer incentives to promote healthy employees which eventually lowers medical and health insurance costs. I also would prefer to have a healthy, physically fit police officer to assist in emergencies rather than the contrary. I'm sure that the amount of money they are requesting would negate the health care costs saved in the future. I have not political interest in this other than we need to support our HBPD who.do an outstanding job keeping our community safe! Thank you. Respectfully, Carrie Martin 9171 Haiti Drive Huntington Beach (45+ year resident) Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:10 PM To: Esparza, Patty Subject: FK Pension Reform From: Clarke, Jerrold (NEWPORT BEACH, CA) [mailto:jerrold_clarke@ml.com) Sent: Friday, July 29, 2011 3:34 PM To: CITY COUNCIL Subject: Pension Reform I am a resident of Huntington Beach and currently serve as chairman of the Investment Advisory Board for the city. I want pension reform in Huntington Beach right now! 2. 1 am watching and I do want any new contract to have a new retirement tier. 3. Fitness pay needs to be eliminated not suspended. 4. This contract should be rejected until it meets the goals outline above. Jerrold Clarke 16752 Wanda Circle Huntington Beach, CA 92647 This message w/attachments (message) is intended solely for the use of the intended recipient(s) and may contain information that is privileged, confidential or proprietary. If you are not an intended recipient, please notify the sender, and then please delete and destroy all copies and attachments, and be advised that any review or dissemination of, or the taking of any action in reliance on, the information contained in or attached to this message is prohibited. Unless specifically indicated, this message is not an offer to sell or a solicitation of any investment products or other financial product or service, an official confirmation of any transaction, or an official statement of Sender. Subject to applicable law, Sender may intercept, monitor, review and retain e-communications (EC) traveling through its networks/systems and may produce any such EC to regulators, law enforcement, in litigation and as required by law. 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Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:10 PM To: Esparza, Patty Subject: FW: Employee union contract extension From: Dennis McKee [mailto:Dennis@bartcolighting.com] Sent: Friday, July 29, 2011 4:35 PM To: CITY COUNCIL Subject: Employee union contract extension Dear City Council, Please vote against extending the current contract. I want pension reform in Huntington Beach now! I am watching and want any new contract to have a new retirement tier. Any frivolous pays like 'fitness pay" should be eliminated not "suspended". This contract should be rejected until it meets the goals outlined above. Regards, _ff Q bo IT7,- UlT -0-- 1: T" Dennis E.C. McKee V.P. of Special Projects and Corporate Affairs Bartco Lighting, Inc: I www.bartcoL[GHTING.com o. 714.230.3200 I f. 714.230.3222 STATEMENT OF CONFIDENTIALITY: The information contained in this mail and any attachments is confidential and/or privileged. This information is intended for use by the addressee and shall not be disclosed to a third party without prior consent from Bartco Lighting. Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:08 PM To: Esparza, Patty Subject: FW: I support common sense reform From: Brian Zeek [mailto:Brian@surfcityfinancialgroup.com] Sent: Saturday, July 30, 2011 1:07 PM To: CITY COUNCIL Subject: I support common sense reform Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Lets please stop making our public employees and the rest of the middle class pay for shortfalls that wall street created. Shouldn't we have all citizens including public employees to have a comfortable retirement that keeps them engaged in the economy including local economy in retirement. Thankyou Brian Zeek Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:08 PM To: Esparza, Patty Subject: FW: Police pension reforms From: Vince [mailto:hbsip@yahoo.com] Sent: Sunday, July 31, 2011 8:22 AM To: CITY COUNCIL Subject: Police pension reforms I believe that it would be foolish and irresponsible to vote against voluntary concessions offered by the police union. They are giving us a chance to save a lot of money. VOTE YES on this offer. Vince Sipkovich Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:07 PM To: Esparza, Patty Subject: FW: Proof We Are In This Together From: Scott McKown [mailto:scottmckown@verizon.net] Sent: Sunday, July 31, 2011 10:14 AM To: CITY COUNCIL Subject: Proof We Are In This Together Representatives of our police officers have offered concessions to help the City balance its' budget. Please approve the negotiated concessions which have been generously offered and let's work together to get beyond these difficult times and look forward to better times. Scott McKown 19741 Coastline Lane Huntington Beach, CA 92648 smckown@mckownconsulting.com Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:07 PM To: Esparza, Patty Subject: FW: Union pensions From: Candace Moyer-Dokulil [mailto:cmoyerdokulil@socal.rr.com] Sent: Sunday, July 31, 2011 12:13 PM To: CITY COUNCIL Subject: Union pensions Please stop the amazing burden on our taxes. This state is sick and you are part of the problem if you do this. Information from ESET NOD32 Antivirus, version of virus signature database 6324 (20110725) The message was checked by ESET NOD32 Antivirus. http://www.eset.com Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:06 PM To: Esparza, Patty Subject: FW: common sense reform From: louise stewardson [mailto:louisestewardson@verizon.net] Sent: Sunday, July 31, 2011 4:32 PM To: CITY COUNCIL Subject: common sense reform Please approve the negotiated concessions with our police officers as the first step towards gradual and common sense pension reform. Louise Stewardson 19741 Coastline Lane Huntington Beach, CA 92648 Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:05 PM To: Esparza, Patty Subject: FW: HB Pension Reform. Time is now! From: david morzella [mailto:davidmorzella@yahoo.com] Sent: Monday, August 01, 2011 5:11 AM To: CITY COUNCIL Cc: David Morzella Subject: HB Pension Reform. Time is now! The Honorable Huntington Beach City Council members: I write to you today in hope that you seize all opportunities to reform City Employee pension and some contractual benefits. As I understand it, this evening you have a key opportunity and responsibility to the tax payer to begin the process of contract negations. I would like to see may elected officials take part in true reform and stand firm on these core reform issues and not pass the proposed plan unless the following changes are adopted. Please do not support an agreement that extends a contract without establishment of the following. - Make needed changes now while you hold the negotiating cards. - Establish a two tier system for new hires, now and not later. - Require employees to contribute the maximum toward their pensions - Eliminate frivolous benefits such as the fitness provision As it stands today too much of our city's general fund is being allocated to funding guaranteed retirement and these cost have ballooned over the years. Please don't fall victim to the "Contract Extension" game that is being played and make the changes which are needed today. The Safety employees need to fund their fair share of their retirement pensions. Please don't kick this can down the road. Be bold and take on the Union in the interest of the tax payer! The time for pension reform is now. Sincerely David Morzella Huntington Beach CA, 92646 Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:03 PM To: Esparza, Patty Subject: FW: Common Sense Reform From: Pat Goodman [mailto:patgoodman@yahoo.com] Sent: Monday, August 01, 2011 9:08 AM To: CITY COUNCIL Subject: Common Sense Reform Dear Mayor Carchio and City Council Members, I am writing to encourage you to support the contract concessions offered by our police officers. My understanding is that these concessions will save the city approximately $850,000 in your effort to produce a balanced 2012 budget. This is a very responsible move on the part of the police officers because it is a year ahead of the contract renewal. Consider the time and resources this action provides the city. By supporting this you send a strong message to our city employees that they are part of the solution to a well run city. You also send a strong message to citizens that you know how to manage the city in a fiscally responsible manner. Thank you for your consideration. Sincerely, Patricia Goodman 18531 Bentley Ln. Huntington Beach, CA 92648 Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 11:53 AM To: Esparza, Patty Subject: FW: I support common sense reform -----Original Message ----- From: teamrands@gmail.com [mailto:teamrands@gmail.com] Sent: Monday, August 01, 2011 11:45 AM To: CITY COUNCIL Subject: I support common sense reform Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Sent from my Verizon Wireless BlackBerry Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 12:06 PM To: Esparza, Patty Subject: FW: I support common sense reform From: Birdie Reed [mailto:RAReed657@soca1.rr.com] Sent: Sunday, July 31, 2011 5:46 PM To: CITY COUNCIL Subject: I support common sense reform Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. Roberta Reed 208 15th Street Huntington Beach CA 92648 Esparza, Patty From: Fikes, Cathy Sent: Monday, August 01, 2011 11:54 AM To: Esparza, Patty Subject: FW: I support common sense reform From: Birdie Reed [mailto:RAReed657@socal.rr.com] Sent: Monday, August 01, 2011 11:28 AM To: CITY COUNCIL Subject: I support common sense reform Please approve the negotiated concessions with our police officers, as the first step toward gradual and common sense pension reform. A),k 10) Al Council/Agency Meeting Held:,d Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied ' V ' C 's Sieature Council Meeting Date: October 4, 2010 Department ID Number: HR-10-015 j,� 'A ice, I, ,� ice:' ' SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Adopt Resolution No. 2010-70 approving a Side Letter to the Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (POA) regarding the Medical Retirement Trust Fund Program Statement of Issue: City and POA representatives have met and conferred regarding modifying the current Memorandum of Understanding regarding the Medical Retirement Trust Fund Program. Financial Impact: N/A Recommended Action: Motion to: Adopt Resolution No. 2010-70, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Police Officers' Association (HBPOA), By Adopting the Side Letter Agreement." Alternative Action(s): Do not Adopt Resolution No. 2010-70, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Police Officers' Association (HBPOA) by Adopting the Side Letter of Agreement." REQUEST FOR COUNCIL ACTION MEETING DATE; 10/4/2010 DEPARTMENT ID NUMBER: HR-10-015 Analysis: Staff met with representatives of the Police Officers' Association regarding a minor modification to the existing Medical Retirement Trust Fund Program which was fully incorporated into the MOU on March 1, 2010. Presently, the Association is requesting to modify the Medical Retirement Trust Fund Program with respect to those participants who are entitled to receive full retiree medical coverage due to service in the United States military. The proposed language to reflect this change to the side letter is as follows: - Generally, participation and contributions are required for every member of the bargaining unit represented by the Association. However, this requirement will not apply to an Employee who is entitled to receive full retiree medical coverage due to his or her service in the United States military (Military Exception). Labor representatives and City Administration have met and conferred regarding the proposal; the parties agree to the proposal (side -letter agreement is hereby incorporated as an attachment). Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): �. Resolution 2010- 70 Amending the Memorandum of Understanding between the City of Huntington Beach and the Police Officers' Association (POA) by adopting the side letter of agreement, including Exhibit A: The Side Letter Agreement. v_ _ Page 9 Item - ,_ - _ zi� .� .�F -n - ATTACHMENT RESOLUTION NO. 2010-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (HBPOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on May 1, 2006, the City Council of Huntington Beach adopted Resolution No. 2006-19 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (HBPOA); Subsequent to the adoption of the MOU, the City of Huntington Beach and the POA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to medical retirement trust fund program modifications. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of October , 201 0 rip U-M-91w9i W slip. of / APPROVED AS TO FORM: l (� City Attorney 10-2643/53069 Exhibit "A" - Resolution No. 2010-70 City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Huntington Beach Police Officers' Association ("HBPOA") and the City of Huntington Beach ("City") have met and conferred regarding the subject matter of this Side letter Agreement and hereby agree to the following terms related to the HBPOA Memorandum of Understanding (MOU): ARTICLE X — HEALTH AND OTHER INSURANCE BENEFITS A. HEALTH EMPLOYEE WELFARE BENEFIT TRUST FUND The City authorizes the HBPOA to participate in an employee welfare medical benefit trust fund program, called the PORAC Retiree Medical Trust, with the following conditions: The City and HBPOA agree that the City shall not provide any contribution to the program. 2. Effective 5/31/08, City shall withhold $100.00 PER month for each represented employee to participate in the program. Thereafter, said withholding shall be in an amount as designated in writing by the HBPOA. Deductions shall be taken on the first two checks of each month. 3. Generally, participation and contributions are required for every member of the bargaining unit represented by the Association. However, this requirement will not apply to an Employee who is entitled to receive full retiree medical coverage due to his or her service in the United States military (Military Exception). 4. HBPOA shall pay all associated expenses incurred to participation in this program. 5 Upon request, the HBPOA shall provide documentation to the City as follows: a. A copy of the in -force employee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBPOA represented employees only; c. A copy of the current program document as well as any changes of amendments, or written confirmation that there have been no changes as employee medical welfare benefit trust fund program provider; d. Verification of the funds submitted to the PORAC Retiree Medical Trust, and e. A statement certifying that the submitted funds are only being utilized to provide employee welfare medical benefit trust funds for participating members including members of the HBPOA. 6 City shall pay the withheld funds to the PORAC Retiree Medical Trust bi-weekly. 7. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 8. 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 qualified employee welfare benefit trust fund program (Reference Resolution No. 2008-35). 10-2643/53067 Exhibit "A" - Resolution No. 2010-70 Side -Letter Implementation The provisions contained in this side letter are effective following approval by the City of Huntington Beach City Council and will remain in full force and effect unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on October 4, 2010 Huntington Beach Police Officers' Association ,ffiXes (Kreg) Muller resident Dated: .3 / 0 YasIf6 Nikitin Vice -President Dated: 2-Y/ % 1y 2 10-2643/53067 City of Huntington Beach Fr d ilson City Administrator Dated: D for of Huma Resou es Dated: Ken Small Police Chief Dated: q --2: - % ROVED A TO FORM: �� nnifer . McGrath ,'1')�/ q'-)q-to ity Attorney Dated: ` g;p` - to Res. No. 2010-70 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on October 4, 2010 by the following vote: AYES: Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Carchio, Coerper, ABSTAIN: None Cit Jerk and ex-officio erk of the City Council of the City of Huntington Beach, California �i K. (-n,,J Council/Agency Meeting Held: Deferred/Continued to: Ap rove %Conditional) Approved nied �sc� It Clrk' Signat e Council Meeting Date: 03-01-10 Department ID Number: HR 10-02 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City SUBMITTED BY: Fred A. Wilson, City Ad PREPARED BY: Michele Cak.- e Z4 SUBJECT: POA Side- I nt Extending and Modifying the Current MOU Statement of Issue, Funding Source, Recomrp(ended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: City and POA representatives have met and conferred regarding extending and modifying the current Memorandum of Understanding. Funding Source: N/A Recommended Action: Motion to: Adopting Resolution No. 2010- 13 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers' Association (POA), By Adopting the Side Letter Agreement Alternative Action(s): Do not Adopt Resolution No. 2010- 13 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers' Association (POA). n REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 03-01-10 DEPARTMENT ID NUMBER: HR 10-02 Analysis: Staff met with representatives of the Police Officers' Association to discuss alternatives to assisting the City of Huntington Beach in meeting its future projected economic shortfalls. POA was provided with a variety of labor cost and expense data related to its membership. As a result of the discussions and exchange of data, the City and POA have agreed to extend the present MOU and to make several modifications thereto as summarized herein: • The MOU is extended effective April 1, 2010 through September 30, 2011 • POA Sworn to increase its share of the employee -paid contribution to CalPERS by two percent (2%) ® A wellness/fitness (PT) program to be suspended effective upon approval through September 30, 2011 ® Personnel Rule 5-21 — Reemployment Lists to be modified ® The College Degree Program to specify accreditation standards for the degree -granting institution consistent with POST standards ® Special Pay for Holidays Worked is modified to be compensated as shift -differential pay ® Subpoena Compensation for cancelled subpoenas to be paid at the employees regular rate of pay ® Subpoena Compensation for on -call court time shall not be capped at 60 hours ® Incorporation of the Employee Welfare Benefit Trust Fund Side Letter adopted 07-07-08 Incorporation of the Employee Supplemental Retirement Plan Side Letter adopted 03-16-09 Finance has estimated the savings to the City to be $1,009,000 for a period of 18 months. Labor representatives and City Administration have met and conferred regarding the proposal; and POA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). Strategic Plan Goal: Maintain financial viability and our reserves. Maintain public safety. Environmental Status: N/A Attachment(s): 1 1. Resolution 2010- 13 Amending the Memorandum of 1 Understanding between the City of Huntington Beach and the Police Officers' Association (POA) by adopting the side letter of agreement, including Exhibit A. The Side Letter Agreement. -2- 2/26/2010 10:05 AM ATTACHMENT #1 RESOLUTION NO. 2010-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (HBPOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on May 1, 2006, the City Council of Huntington Beach adopted Resolution No. 2006-19 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (HBPOA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPOA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: l . The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ist day of March ,.200 2010. ty Attorney, 08-1783/26358 Exhibit "A", Resolution No. 2010-13 City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Huntington Beach Police Officers' Association ("POA") and the City of Huntington Beach ("City") hereby agree to extend the terms related to the POA MOU with respect to the following: TERM OF MOU EXTENSION This Memorandum of Understanding (MOU) shall be extended for the period April 1, 2010 and ending at midnight September 30, 2011. HBPOA exclusively reserves the right to extend this extended MOU for up to an additional six (6) months through and including March 31, 2012. CONCESSION ITEMS The HBPOA agrees to the following concession items that will sunset at the expiration of the MOU extension: 1. ARTICLE XIV —MISCELLANEOUS L. The Physical Fitness program compensation of earning paid time off as outlined in Section 208.8 — 208.8.8 of the Huntington Beach Police Department Policy Manual is hereby suspended until the expiration of the MOU extension. HBPD SWAT team members are required to participate in the PT program; however, PT paid time off will not accrue to HBPD SWAT team members during the suspension period. It is the intent to incorporate the PT program with the ability to earn paid time off into the subsequent MOU. 2. ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP B. Non -Sworn PERS Pickup Article Vl. B. is hereby modified such that the combined City -paid and employee -paid contribution equals 8%. Effective the pay period beginning April 3, 2010, the City shall pay 4.75% of each employee's "compensation earnable" of the employer -paid contribution of 8%. All non -safety employees covered by this agreement shall pay 4.25% of "compensation earnable" towards the employer -paid contribution of 8%. C. Sworn PERS Pickup a. Article VI. C. is hereby modified such that the combined City -paid and employee -paid contribution equals 9%. Effective the pay period beginning April 3, 2010, the City shall pay 4.75% of each employee's "compensation earnable" of the employer -paid contribution of 9%. All safety employees covered by this agreement shall pay 4.25% of "compensation earnable" towards the employer -paid contribution of 9%. 3. PERSONNEL RULE 5-21. REEMPLOYMENT LISTS - MODIFIED Personnel. Rule 5-21 shall be modified during the term of this contract extension to provide that in the event any employee represented by HBPOA is demoted in lieu of layoff, that individual shall be placed at the top of a re-employment list for the classification from which the individual was demoted and shall be given the first opportunity to fill any vacancy in that classification irrespective of how much time transpires between the demotion and the existence of the vacancy. Page 1 of 5 Exhibit "A", Resolution No. 2010-13 CHANGES TO EXISTING MOU NOT SUBJECT TO SUNSET CLAUSE ARTICLE VII - SPECIAL PAY A. Police Professional Development Plan 1. The Professional Development Plan for sworn personnel shall be as follows: a. College Degree Program i. Upon earning an AA Degree or attaining "Junior status" in a degree program, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon earning a BA/BS Degree, an employee shall be paid six percent (6%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub -section (a)i above. iii. College Degrees or College Units under this program shall conform to POST standards for accreditation as noted in POST Regulation 9070 (c)(1)(A) and (B) G. Holidays 2. Holidays Worked . - Employees who work on a recognized City holiday shall be compensated Shift Differential Pay. Holiday Shift Differential Pay is available to all members of the HBPOA that are regularly scheduled to work a recognized holiday. Members shall receive Shift Differential. Pay equal to fifty percent (50%) of their regular rate of pay for all time actually worked from 12:00 A.M. through 11:59 P.M. on the recognized holiday. ARTICLE IX - HOURS OF WORK/OVERTIME B. Other Time: 3. Subpoena Compensation b. On -Call Court Time - Employees, required to be on -call for a court appearance during other than their scheduled working hours shall be paid a minimum of three (3) hours pay at their regular rate of pay for each morning and afternoon court session 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. On -Call Court Time shall not be considered hours worked for the purpose of calculating overtime. Employees shall not be paid On -Call Court Time if Court Appearance Time is paid. c. Cancelled Subpoenas - Employee shall be paid two (2) hours of pay at their regular rate of pay for subpoenas cancelled with less than twenty-four (24) hours notice. ARTICLE XI - RETIREMENT A. Safety Employee Retirement Benefits: 3% (a) Age 50 Plan - The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. Page 2 of 5 Exhibit "A", Resolution No. 2010-13 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 VI.C. 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.0 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article VI.0 shall be reduced to 6.75% of the employee's compensation earnable. B. Miscellaneous Employee Retirement Benefits: 1. 2.5% 0-) Age 55 Plan (California Government Code Section 21354.41 — Members of the City's miscellaneous retirement plan with the California Public Employee Retirement System (Ca1PERS) shall receive the 2.5% at age 55 CalPERS retirement plan. ARTICLE VI — SALARY SCHEDULE AND PERS PICKUP B. Non -Sworn PERS Pickup - Each non-swom employee covered by this agreement shall be reimbursed an amount equal to 8% 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 (Reference Resolution No. 2007-88). ARTICLE X — HEALTH AND OTHER INSURANCE BENEFITS Page 3 of 5 Exhibit "A", Resolution No. 2010-13 A. HEALTH 8. .EMPLOYEE WELFARE BENEFIT TRUST FUND The City authorizes the HBPOA to participate in an employee welfare medical benefit trust fund program, called the PORAC Retiree Medical Trust, provided the following conditions are adhered to: 1. The City and HBPOA agree that the City shall not provide any contribution to the program 2. Effective 5/31/08, City shall withhold $100.00 monthly for each represented employee. Thereafter, said withholding shall be in an amount as designated in writing by the HBPOA. Deductions shall be taken on the first two checks of each month. 3. HBPOA shall pay all associated expenses incurred for participation in the program. 4. Upon request, the HBPOA shall provide documentation to the City as follows: a. A copy of the in -force employee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBPOA represented employees only; C. A copy of the current program document as well as any changes of amendments, or written confirmation that there have been no changes as employee medical welfare benefit trust fund program provider; d. Verification of the funds submitted to the PORAC Retiree Medical Trust, and e. A statement certifying that the submitted funds are only being utilized to provide employee welfare medical benefit trust funds for participating members including members of the HBPOA. 5. City shall pay the withheld funds to the PORAC Retiree Medical Trust bi-weekly. 6. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 7. 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 qualified employee welfare benefit trust fund program (Reference Resolution No. 2008-35). C. Retirement Benefits for Safety and Miscellaneous Employees - Self Funded Supplemental Retirement Benefit - In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 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 as provided in California Government Code sections 21455, 21456, 21457, 21458, and 21459 as said referenced Government Code sections exist as of the date of this agreement. 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 July 6, 1998 shall not be eligible for this benefit (Reference Resolution No. 2009-12). ARTICLE XII - LEAVE BENEFITS Deferred compensation/Leave Benefit Cash Out The value of any unused earned leave benefits (sick, vacation, general leave) shall be transferred to deferred compensation or a qualified medical retirement trust program in connection with separation from employment, but only during the time the employee is actively employed with the City. Any transfer to the qualified medical retirement trust Page 4 of 5 Exhibit "A", Resolution No. 2010-13 program shall be on a pre-tax basis. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. Any unused earned leave benefits remaining upon separation will be transferred to the qualified medical retirement trust program on a pre-tax basis (Reference Resolution No. 2008-35). Side -Letter Implementation The provisions contained in this side letter are effective April 3, 2010 following approval by the City of Huntington Beach City Council and will remain in full force and effect unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on MAQL¢f- 401.1 c2g4 /0 Huntington Beach e Officers' Association 3 ,Ofhes (Kreg) Muller President Dated: AOZZ26 D Ya ha Nikitin Vice -President Dated: 031-0 1 Av Fred City, Cily of Huntington Beach of Human Resources a-1r-(-0a Ken Small Police Chief Dated: -, 7 '-2—d f -O APPROVED AS TO FORM: Jennifer M. McGrath City Attorney Dated: :a -:a L4 -10 Page 5 of 5 Res. No. 2010-13 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on March 1, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None QM!2!�) y Clerk and ex-offic Clerk of the City Council of the City of Huntington Beach, California INITIATING DEPARTMENT: Human Resources SUBJECT: POA Side Letter Agreement COUNCIL MEETING DATE: February 16, 2010 Ordinance (w/exhibits & legislative draft if applicable) Attached LJ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Ap licable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not A plicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: MSC 12B F 9 TO: FROM: DATE: SUBJECT: CITY OF HUNTINGTON BEACH Interdepartmental Memo Joan Flynn, C Michele Carr, March 1, 2010 Late Commuihdcation: Replacement Police Officers' Association (POA) Exhibits for the The Human Resources Department submitted RCA HR 10-02 for Council Action. After the documents were submitted, changes were made to Exhibit A: The Side Letter Agreement as follows: THE SIDE LETTER OF AGREEMENT — PAGE 1 As submitted: 2. ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP B. Non -Sworn PERS Pickup Article VI. B. is hereby modified such that the combined City -paid and employee -paid contribution equals 8%. Effective the pay period beginning April 3, 2010, the City shall pay 2.715% of each employee's "compensation earnable" of the employer -paid contribution of 8%. All non -safety employees covered by this agreement shall pay 5.285% of "compensation earnable"towards the employer -paid contribution of 8%. Modified language: 2. ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP B. Non -Sworn PERS Pickup Article VI. B. is hereby modified such that the combined City -paid and employee -paid contribution equals 8%. Effective the pay period beginning April 3, 2010, the City shall pay 4.75% of each employee's "compensation earnable" of the employer -paid contribution of 8%. All non -safety employees covered by this agreement shall pay 4.25% of "compensation earnable" towards the employer -paid contribution of 8%. The language was modified in the analysis of the RCA to reflect these changes. Additionally, the estimated savings to the City was changed to $1,009,000. Please replace the following pages in Resolution 2010-13 with the attached corrected version. Thank you in advance for your help. Attachments: RCA — Page 2 Exhibit A: Page 1 of the Side Letter of Agreement al'o� C) �%In U,0/C4--I-7�J Late Comm Memo - POA RCA & Side letter -1- 2/26/2010 4:06:00 PM City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Huntington Beach Police Officers' Association ("POA") and the City of untington Beach ("City") hereby agree to extend the terms related to the POA MOU with respect to the following: TERM OF MOU EXTENSION This Memorandum of Understanding (MOU) shall be extended for the period April/1, 2010 and ending at midnight September 30, 2011. HBPOA exclusively reserves the right to extend this extended MOU for up to an additional six (6) months through and including March 31, 2012. CONCESSION ITEMS The HBPOA agrees to the following concession items that will s n et at the expiration of the MOU extension: 1. ARTICLE XIV — MISCELLANEOUS L. The Physical Fitness program compensation of earning paid time off as outlined in Section 208.8 — 208.8.8 of the Huntington Beach Police Department Policy Manual is hereby suspended until the expiration of the MOU extension. HBPD SWAT team members are required to participate in the PT program; however, PT paid time off will not accrue to HBPD SWAT team members during the suspension period. It is the intent to incorporate the PT program with the ability to earn paid time off into the subsequent MOU. 2. ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP B. Non -Sworn PERS Pickup Article VI. B. is hereby modified such that the combined City -paid and employee -paid contribution equals 8%. Effective the pay period beginning April 3, 2010, the City shall pay 2.715% of each employee's "compensation earnable" of the employer -paid contribution of 8%. All non -safety employees covered by this agreement shall pay 5.285% of "compensation earnable" towards the emolover-paid contribution of 8%. C. Sworn PERS Pickup a. Article`VI. C. is hereby modified such that the combined City -paid and employee -paid contribution equals 9%. Effective the pay period beginning April 3, 2010, the City shall pay 4.75% of each employee's "compensation earnable" of the employer -paid contribution of 9%. All safety employees covered by this agreement shall pay 4.25% /of "compensation earnable" towards the employer -paid contribution of 9%. 3. PERSONNEL RULE 5-21. REEMPLOYMENT LISTS - MODIFIED Personnel Rule 5-21 shall be modified during the term of this contract extension to provide that in the event/any employee represented by HBPOA is demoted in lieu of layoff, that individual shall be placed at the top of a re-employment list for the classification from which the individual was demoted and shall be given the first opportunity to fill any vacancy in that classification irrespective of how much time transpires between the demotion and the existence of the vacancy. Page 1 of 5 /',4o- �� j REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 03-01-10 DEPARTMENT ID NUMBER: HR 1 Analysis: Staff met with representatives of the Police Officers' Association to disc /Ss alternatives to assisting the City of Huntington Beach in meeting its future projected economic shortfalls. POA was provided with a variety of labor cost and expense data rpfated to its membership. As a result of the discussions and exchange of data, the City and POA have agreed to extend the present MOU and to make several modifications thereto as summarized herein: • The MOU is extended effective April 1, 2010 through Septembgr 30, 2011 ® POA to increase its share of the employee -paid contribution tc(CaIPERS by two percent (2%) ® A wellness/fitness (PT) program to be suspended effective,pon approval through September 30, 2011 ® Personnel Rule 5-21 — Reemployment Lists to be modifi � • The College Degree Program to specify accreditati standards for the degree -granting institution consistent with POST standards ® Special Pay for Holidays Worked is modified to be ompensated as shift -differential pay • Subpoena Compensation for cancelled subpoen to be paid at the employees regular rate of pay • Subpoena Compensation for on -call court time hall not be capped at 60 hours ® Incorporation of the Employee Welfare Bene ,' Trust Fund Side Letter adopted 07-07-08 ® Incorporation of the Employee Supplemen -al Retirement Plan Side Letter adopted 03-16-09 Finance has estimated the savings tote City to be approximately $1,053,500 for a period of 18 months. / Labor representatives and City/ Administration have met and conferred regarding the proposal; and POA has agreed%to the proposal (side -letter agreement is hereby incorporated as an attachment). f Strategic Plan Goal: Maintain financial viabili and our reserves. Maintain public safety. Environmental Status: N/A Attachments— 1 6-2 -2- 2/24/2010 4:19 PM Council/Agency Meeting Held. a b Deferred/Continued to: PkAppr ed ❑ Conditionally Approved ❑ Denied City C 's Sig ature Council Meeting Date: 3/16/2009 Department ID Number: HR SUBMITTED TO SUBMITTED BY PREPARED BY: SUBJECT: CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION Honorable Mayor and City Fred A. Wilson, City Adm Michele Carr, ncil Members Dan Villella, Finan e irector 45 Adopt Resolutions adopting Side Letter Agreements on the MOUs and Resolution with City's Bargaining Units Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City of Huntington Beach and all employee bargaining units have met and conferred and agreed to modification of their respective MOUs and Resolution regarding supplemental retirement benefit options. Funding Source: There is no funding required for the recommended action. Recommended Action: Motion to: Adopt the following Resolutions: Resolution No.2009-12 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Police Officers' Association (HBPOA), By Adopting The Side Letter Of Agreement. Resolution No.2009-13 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Police Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2nnn-14 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Marine Safety Officers Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2nng-1 � A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The _:: � 1 /1- �i I Huntington Beach Firefighters' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-16A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Fire Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-17A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Management Employees Organization, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-18A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Municipal Employees' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-19 A Resolution of the City Council of the City of Huntington Beach Amending the Resolution Between the City and the Non -Associated Employees Regarding Supplemental Retirement Benefit Options. Alternative Action(s): Do not adopt the Resolutions. Analysis: CalPERS permits a retired annuitant to select either an unmodified pension benefit or to select a modified pension benefit option. CalPERS provides a total of five modified pension benefit options (2, 2W, 3, 3W & 4). Presently, the City's existing MOU and resolution language does not reflect all available options as part of the negotiated Supplemental Retirement benefit. Pursuant to the benefits provided by CalPERS, at retirement an employee may choose to receive the highest allowance (the Unmodified Allowance) provided by CalPERS while the employee is alive or the employee may choose to leave a portion of their pension benefit to a beneficiary upon their death (Attachment 1). If the employee chooses to leave a portion of their pension to a beneficiary, they are required to choose one of four survivor benefit options (ostensibly the option that provides the maximum pension benefit to the beneficiary). Selecting an option, other than the Unmodified Allowance, reduces the employees monthly retirement allowance. The amount of this reduction depends on which option is selected. The City agreed to pay retirees hired before 1997 or 1998, depending on bargaining unit, a Supplemental Retirement benefit which is the difference between the retiree's unmodified CalPERS allowance and the option that is chosen by the employee. Depending on the bargaining unit, the City agreed to pay the difference only if the employee chose Options 2 or 3 (or in some cases only Option 2) as defined in each MOU or resolution. In most cases, if an employee chooses Option 2 (or 3) the City is required to pay more in Supplemental Benefits than if the employee would have selected any other option. To provide a uniform method of applying the MOU or resolution provision, and to provide City retirees a benefit that will save the City money, City management met with all affected bargaining units and agreed that the City should provide the Supplemental Benefit for optional retirement settlements 2, 2W, 3, 3W & 4. Currently there are 540 retirees receiving this benefit. In addition, there are approximately 450 employees eligible for the benefit that were employed by the City prior to the elimination of the benefit.. This benefit is no longer available to new hires or employees hired after December 27, 1997. Annually the City retains a professional consulting firm to perform an actuarial valuation of the Retirement Supplement Plan. As of September 30, 2008 the Actuarial Accrued Liability of the Plan totaled just over $51 million. City assets assigned to the plan as of September 30, 2008 totaled just over $20 million, leaving an unfunded liability of approximately $30 million. As part of the actuarial analysis the consultant identifies an annual required contribution to the plan for purposes of amortizing the payment of the unfunded liability at a level amount over a 30 year period. The annual required contribution for fiscal year 2008/09 is anticipated to be $3.07 million The action recommended does not increase the unfunded liability of the Retirement Supplement Plan as the actuarial analysis assumes that future participants in the plan will enroll in the most expensive option available. This is done to insure that adequate resources are dedicated to the plan on an annual basis. A separate action item on the March 16, 2009 City Council agenda recommends the establishment of a Supplemental Retirement Trust and the selection of a professional investment firm to provide investment and trust related services under the oversight of a Retirement Board. Strategic Plan Goal: Fully understand the financial implications of financial decisions before they are made, and recognize and disclose fiscal impacts of the pension crisis. Environmental Status: Not Applicable Attachment(s): 1. LIST OF RETIREMENT BENEFIT OPTIONS 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (HBPOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MARINE SAFETY OFFICERS ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE RESOLUTION BETWEEN THE CITY AND THE NON - ASSOCIATED EMPLOYEES REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS. E,ATTACHMENT NO. 1 DECISIONS TO MAKE BEFORE YOU RETIRE Your Options at Retirement At retirement, you can choose to receive the highest benefit payable, which is referred to as the "Unmodified Allowance." The Unmodified Allowance provides a monthly benefit to you that ends upon your death. You also have the choice of requesting a reduction in the Unmodified Allowance to provide a lump -sum or monthly benefit for a beneficiary upon your death. This section gives you an overview of various options available to you at retirement. Option 1 This retirement option provides a lump -sure payment of your remaining member contributions to your beneficiary after your death. The reduction to your monthly benefit to provide this payment is based on your life expectancy at retirement and the amount of your contributions. You may name one or more beneficiary(ies), and can name a new beneficiary at any time. If you name someone other than your spouse or registered domestic partner as your Option I beneficiary(ies), upon your death your spouse or domestic partner may still be entitled to a community property share of any remaining contributions. The following options 2, 2W, 3, 3W, and 4 provide lifetime monthly benefits to your designated beneficiary. The reduction to your monthly benefit to provide a monthly allowance to your beneficiary is based on both your life expectancy at retirement and your beneficiary's — the younger your beneficiary, the greater the reduction. Ifyou have someone eligible for Survivor Continuance, the reduction is applied only to the option portion ofyour allowance. (Seepage 9 far more about Survivor Continuance.) In most cases, you may name only one beneficiary, and your designation may not be changed after retirement except under limited circumstances. You may name someone other than your spouse or registered domestic partner for a lifetime death benefit allowance under options 2, 2W, 3, 3W or 4. However, your spouse or registered domestic partner may be entitled to a community property share of the beneficiary's monthly death benefit. Option 2 The same retirement allowance you receive will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion. Your retirement allowance will increase to the Unmodified Allowance if: Your beneficiary dies; or Your non -spouse or non -domestic partner beneficiary waives entitlement to the Option 2 benefit. 888 CaIPERS for 888-225-7377) 1 www.calpers.ca.gov Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CalPERS with a judgment that awards you the entire interest in your CaIPERS benefits; and You notify CaIPERS of the change. Option 2W As an alternative to the Option 2, you may elect the slightly higher allowance under Option 2W. However, your allowance will not increase to�the Unmodified Allowance under the situations described in Option 2. Option 3 In this option, one-half of your monthly retirement allowance will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion. Your retirement allowance will increase to the Unmodified Allowance if: • Your beneficiary dies; or • Your non -spouse or non -domestic partner beneficiary waives entitlement to the Option 3 benefit; • Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CalPERS with a judgment that awards you the entire interest in your CAPERS benefits; and • You notify CalPERS of the change. Option 3W As an alternative to the Option 3, you may elect the slightly higher allowance under Option 3W. However, your allowance will not increase to the Unmodified Allowance under the situations described in Option 3. Option 4 Option 4 is a somewhat flexible option. There are several unique variations of Option 4, each specifically designed to mesh with various situations that might apply to you. If you are interested in choosing a lifetime option, you should familiarize yourself with these options by obtaining the CaIPERS publication A Guide to CaIPERS Retirement Option 4. The amount payable to your beneficiary under Option 4 cannot exceed the amount payable under Option 2W In addition, with any variation of Option 4, your allowance will not increase to the Unmodified Allowance under the situations described in Option 2 or 3 CalPERS Member Publication I Local Miscellaneous Survivor Continuance In making a decision about whether to reduce your Unmodified Allowance to provide for a beneficiary, you will want to consider if your employer offers Survivor Continuance. This is a contracted employer -paid benefit that public agency employers can offer you. This benefit consists of a monthly allowance that automatically continues to an eligible survivor following your death after retirement regardless of the retirement option you select. Who is Eligible? • Your spouse, if you were married for at least one year before your retirement and remained married until the date of your death, will receive the Survivor Continuance benefit for life. (For disability retirement, you need only to have been married at retirement and remained married until the date of your death.) Your domestic partner, if you were legally registered at least one year prior to your retirement and continuously until your death, will receive the Survivor Continuance benefit for life. (For disability retirement, you need only to have been registered as domestic partners at retirement and remained registered until the date of your death.) If you do not have an eligible spouse or registered domestic partner, your natural or adopted children under age 18, who have never been married, will receive this monthly benefit until marriage or age 18. A child who was disabled prior to age 18, never married, and whose disability has continued without interruption will receive this benefit until the disability ends or until marriage. Qualifying financially -dependent parents; if none of the above. 888 CaIPERS for 888-225-7377) 1 www.calpers,ca.gov ATTACHMENT NO. 2 RESOLUTION NO. 2009-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (HBPOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on May 1, 2006, the City Council of Huntington Beach adopted Resolution No. 2006-19 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach. Police Officers' Association (HBPOA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBPOA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBPOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefits modification, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBPOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March 12009 . REVIEW APPROVED: City A i trator 6 08-1783/26358 Exhibit "A", Resolution No. 2009-12 SIDE LETTER AGREEMENT--HBPOA Representatives of the Huntington Beach Police Officers Association ("HBPOA") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article XI C. of the MOU between the HBPOA and City effective April 1, 2006. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective 121OV 008 , Article Article XI C. of the MOU between HBPOA and City is hereby deleted and replaced as follows: C. Retirement Benefits for Safety and Miscellaneous Employees — Self Funded Supplemental Retirement Benefit — In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 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 as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement_ 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 July 6, 1998 shall not be eligible for this benefit. For HBPOA J President Dated: 2 6 Zc7og 08-1783/25949 For th ty f Huntington Beach i y Administrator Dated: March 4, 2009 pproved as to form: d�Jennifer M rath, City torney �hV-(, oy Dated: Res. No. 2009-12 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None Cit lerk and ex-officio rk of the City Council of the City of Huntington Beach, California Council/Agency Meeting Held: , Ut� Deferred/Continued to: *App oved ❑ o ti n Ily proved ❑ Denied Cit lerk' Signa e Council Meeting Date: 7/7/2008 Department ID Number: FIR 08-06 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL M SUBMITTED BY: PAUL EMERY, INTERIM CITY DMIN O PREPARED BY: MICHELE CARR, DIRECTOR C SUBJECT: ADOPT A RESOLUTION APP OVI G A SIDE LETTER TO THE MEMORANDUM OF UNDE T DING BETWEEN THE CITY AND THE POLICE OFFICERS' CIATION (POA) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Memorandum of Understanding (MOU) with the Huntington Beach Police Officers' Association (POA) was approved by the City Council on May 1, 2006. The City and POA representatives met and conferred regarding the following additional terms: Medical Retirement Trust Fund Program Funding Source: The cost to implement the Medical Retirement Trust Fund Program will be borne by the POA members. Recommended Action: Motion to: Adopt Resolution No. 2008 - 35 a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers' Association (POA), By Adopting the Side Letter of Agreement. Alternative Action(s): Do not adopt Resolution No. 2008-_U_, a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers' Association (POA), By Adopting the Side Letter of Agreement. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 07/07/08 DEPARTMENT ID NUMBER: FIR 08-06 Analysis: Representatives of POA and the City of Huntington Beach have agreed to the additional terms and conditions outlined in the Side Letter Agreement — Exhibit A. The City hereby modifies the POA MOU (Resolution No. 2006-19) as contained in the Side Letter Agreement - "Exhibit A". Medical Retirement Trust Fund Program The City has agreed to authorize the POA to participate in an employee welfare medical benefit trust program, called PORAC Retiree Medical Trust, providing the conditions set forth in Exhibit A are adhered to. Strategic Plan Goal: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Fully understand the financial implications of financial decisions before they are made, and recognize and disclose fiscal impacts of the pension crisis. Environmental Status: Not applicable Attachment(s): Resolution 2008- 35 Amending the Memorandum of Understanding between the City of Huntington Beach and the Police Officers' Association by adopting the side letter of agreement, including Exhibit A: The Side Letter Aareement. -2- 6/10/2008 4:51 PM i RESOLUTION NO. 2008-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE OFFICERS ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT (REGARDING MEDICAL RETIREMENT TRUST FUND PROGRAM) WHEREAS, on May 1, 2006, the City Council of Huntington Beach adopted Resolution No. 2006-19 for the purpose of adopting the 2006-2010 Memorandum of Understanding (MOU) between the City and the Police Officers Association (POA); Subsequent to the adoption of the MOU, the City of Huntington Beach and POA agreed to changes, corrections, and clarifications to the MOU that were reflected in a Side Letter of Agreement between the City of Huntington Beach and the POA adopted by Resolution No. 2007- 17. At this time, the parties have agreed to additional changes to the Side Letter of Agreement between the City of Huntington Beach and POA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to the participation in a qualified medical retirement trust fund program. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the POA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7 th day of July , 200 8 . REVIEW ND APPROVED: 17 City Administrator APPROVED AS TO FORM: r 1 1� P 06-774/6593 Resolution No. 2008-35 Ex"HI-BIT A Resolution No. 2008-35, Exhibit "A" SIDE LETTER AGREEMENT March 31, 2008 Representatives of the Huntington Beach Police Officers Association ("HBPOA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the implementation of a Post -Retirement Medical Reimbursement Program pursuant to Article X(A)8 of the MOU between the HBPOA and City effective April 11, 2006. EMPLOYEE WELFARE BENEFIT TRUST FUND: The City authorizes the HBPOA to participate in an employee welfare medical benefit trust fund program, called that PORAC Retiree Medical Trust, providing the following conditions are adhered to: The City and HBPOA agree that the City shall not provide any contribution to the program. 2. Effective 5/31 /08, City shall withhold $100.00 monthly for each represented employee. Thereafter, said withholding shall be in an amount as designated in writing by the HBPOA.. Deductions shall be taken on the first two checks of each month. 3. HBPOA shall pay all associated expenses incurred for participation in the program. 4. Upon request, the HBPOA shall provide documentation to the City as follows: a. A copy of the in -force employee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBPOA represented employees only; C. A copy of the current program document as well as any changes of amendments, or written confirmation that there have been no changes as employee medical welfare benefit trust fund program provider; d. Verification of the funds submitted to the PORAC Retiree Medical Trust, and e. A statement certifying that the submitted funds are only being utilized to provide employee welfare medical benefit trust funds for participating members including members of the HBPOA. 5. City shall pay the withheld funds to the PORAC Retiree Medical Trust bi- weekly. 06-774/6584 Resolution No. 2008-35, Exhibit "A" 6. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 7. 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 qualified employee welfare benefit trust fund program. LEAVE BENEFITS UPON SEPARATION: Article XII(I) of the MOU between the HBPOA and City effective April 11, 2006, is amended as follows: The value of any unused earned leave benefits (sick, vacation, general leave) shall be transferred to deferred compensation or a qualified medical retirement trust program in connection with separation from employment, but only during the time the employee is actively employed with the City. Any transfer to the qualified medical retirement trust program shall be on a pre-tax basis. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. Any unused earned leave benefits remaining upon separation will be transferred to the qualified medical retirement trust program on a pre-tax basis. For HBPOA For the 00 f,Huntington Beach reg Muller Paul Eme President Interim City Administrator Dated: 6 % ©gj Dated: (0 -4 (v -03 Kenneth W. Small Chief of Police Dated: & -" ( ( . og Approved as to form: F Jen fifer McGrath City Attorney Dated: ' 6 06-774/6584 Res. No. 2008-35 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on July 7, 2008 by the following vote. - AYES: Hansen, Hardy, Bohr, Cook, Green, Carchio NOES: None ABSENT: Coerper ABSTAIN: None Ci Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: HUMAN RESOURCES SUBJECT: ADOPT A RESOLUTION AMENDING THE POLICE OFFICERS' ASSOCIATION (POA) MOU BY ADOPTING A SIDELETTER OF AGREEMENT COUNCIL MEETING DATE: July 7, 2008 RCA ATTAGHMENT°S, STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Notached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable REVIEVNED Administrative Staff Deputy City Administrator (Initial) City Administrator (Initial) Citv Clerk RCA Author: MICHELE CARR Council/Agency Meeting Held:_ Deferred/Continued to: ApprpvVd ❑Conditionally A ❑ Denied Council Meeting Date: 12/17/2007 's Slanature Department ID Number: 07-18 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTEDTO: HONORABLE MAYOR AN � TY COUNCI-A�BE SUBMITTED BY: PEN LOPE CULBRETHJGRA T DPA; %ITY ADM.,NIST PREPARED BY: MICHELE CARR, DIREC�gR O-F,I�l;1 O°RC SUBJECT: ADOPT A RESOLUTION AP ROVING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE OFFICERS/ASSOCIATION (POA) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Memorandum of Understanding (MOU) with the Huntington Beach Police Officers' Association (POA) was approved by the City Council on May 1, 2006. The City and POA representatives met and conferred regarding the following additional terms: Retirement Benefits Funding Source: The cost to implement the retirement plan enhancement will be borne by the POA miscellaneous (non -safety) members. Recommended Action: Motion to: Adopt Resolution No. 2007- 88 a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers' Association (POA), By Adopting the Side Letter of Agreement. Alternative Action(s): Do not adopt Resolution No. 2007- 88, a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers' Association (POA), By Adopting the Side Letter of Agreement. REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 12/17/2007 DEPARTMENT I® NUMBER: 07-18 Analysis: Representatives of POA and the City of Huntington Beach have agreed to the additional terms and conditions outlined in the Side Letter Agreement — Exhibit A. The City hereby modifies the POA MOU (Resolution No. 2006-19) as contained in the Side Letter Agreement - "Exhibit A". Retirement The City and the Association have agreed to implement the CaIPERS 2.5% @ 55 Miscellaneous Retirement Plan Formula, subject to acceptance by all affected units. The Association and the City agreed that the non -safety Association members would absorb all of the additional costs of the plan implementation from the implementation date through the end of the contract term (04/01/06 — 03/31/10). In the event the additional employee costs drops below two and one -quarter percent (2.25%), the Association members agree to absorb two and one -quarter percent (2.25%) of the employee share of the additional costs for the enhanced retirement plan benefit formula. Strategic Plan Goal: Not applicable Environmental Status: Not applicable Attachment(s): 1. Resolution 2007- 88 Amending the Memorandum of Understanding between the City of Huntington Beach and the Police Officers' Association by adopting the side letter of agreement, including Exhibit A: The Side Letter Agreement. -2- 11/26/2007 11:30 AM ATTACHMENT RESOLUTION NO. 2007-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE OFFICERS' ASSOCIATION (POA), BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on May 1, 2006, the City Council of Huntington Beach adopted Resolution No. 2006-19 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Police Officers' Association (POA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the POA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the POA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to retirement benefits modification, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1, The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the POA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of December 12007 REVIEWED AND APPROVED: AdAnisuatul- • • • " APPROVED AS TO FORM: jiAttorneyjet-- , 07-1367/15997 Resolution No. 2007-88 Resolution No. 2007- 88 Exhibit "A" City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Police Officers' Association ("PDX) and the City of Huntington Beach ("City") hereby agree to the following terms related to the POA MOU: Article XI — Retirement Benefits B. Miscellaneous Employee Retirement Benefits 1. 2.5% (a-) Age 55 Plan (California Government Code Section 21354.4) — Members of the City's miscellaneous retirement plan with the California Public Employees' Retirement System (CaIPERS) shall receive the 2.5% at age 55 CaIPERS retirement plan benefit formula. If all other affected units agree, and subject to a formal ratification vote conducted in accordance with CaIPERS regulations, the City shall implement the 2.5% @ 55 for miscellaneous (non -safety) employees, effective as soon as practical. Effective the beginning of the first pay period following implementation, the employees shall pay all of the additional costs to implement the 2.5% @ 55 PERS miscellaneous retirement formula for the remainder of this contract. In the event the full cost of the PERS 2.5% enhancement drops below 2.25%, employees will pay 2.25% towards the employee share of PERS retirement. IN WITNESS WHEREOF, the parties have caused this Side Letter Agreement to be executed by and through their authorized officers on Decemher 17, 2no7 For POA / uller, President Dated: % / - Z to 7) For the City of Huntington Beach r. Penel pe Culbreth-Graft City Administrator Dated: 1 °�yl�'�7 APPROVED AS TO F J nnifer M Grath, City orney Dated: II J7n 1 v4 15998 Res. No. 2007-88 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH } I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of ail the members of said City Council at a regular meeting thereof held on December 17, 2007 by the following vote: AYES: Bohr, Coerper, Green, Carchio NOES: Hansen, Hardy, Cook ABSENT: None ABSTAIN: None Ci Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California _ INITIATING DEPARTMENT: HUMAN RESOURCES SUBJECT: ADOPT A RESOLUTION AMENDING THE POLICE OFFICERS' ASSOCIATION (POA) MOU BY ADOPTING A SIDELETTER OF AGREEMENT COUNCIL MEETING DATE: December 17, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION -FOR EXPLANATION ® • RCA Author: MICHELE CARR w I k Ali � f � (!''�7`/rL.�?�d�} f-�;�`•�_ Council/Agency Meeting Held: - 0,5 - 00 Deferred/Continued to: Mfe Approve _ o❑ Conditionally Approved ❑ Denied . City Clerk's Signa ur Council Meeting Date: 3/5/2007 Department ID Number: ADCS 07-08 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CI OUNCIL SUBMITTED BY: PEIy&OPE ULBRETH-GRAFT, CITY ADMINISTRATOR PREPARED BY: ROBERT HALL, DEPUTY CITY ADMINISTRATORCP, SUBJECT: ADOPT RESOLUTION APPROVING SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HBPOA REGARDING THE 960 PROGRAM Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City and the Huntington Beach Police Officers' Association (HBPOA) have come to a side letter agreement formalizing an existing temporary part-time employee program, known as the 960 Program of retired Huntington Beach Police Officers, to augment the Huntington Beach police force. Funding Source: No additional funding is required. Recommended Action: Motion to: Adopt Resolution No. 2007-18 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers Association, by Adopting the Side Letter of Agreement (Regarding the 960 Program). Alternative Action(s): Do not adopt Resolution No. 2007-18 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers Association, By Adopting the Side Letter of Agreement (Regarding the 960 Program) L -3 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/5/2007 DEPARTMENT ID NUMBER: ADCS 07-08 Analysis: From time to time it is necessary to augment the existing police force to accommodate demands from special events or programs. It has been determined the most effective way to accomplish this is by the use of retired Huntington Beach police officers. By bringing these officers back on a temporary part-time basis, we can utilize trained officers during peak periods. This program is a temporary part-time employee program that is used to fill a maximum of ten vacant positions in the police department and/or to staff the front desk and assist detectives. It includes limiting the maximum hours any one employee can work to 960 hours per year. In order to qualify for temporary part-time employment under the 960 Program, employees must have retired from a sworn position with the Huntington Beach Police Department through service retirement and must be limited to working a total of nine hundred sixty (960) hours in a fiscal year. The nine hundred sixty -hour per fiscal year limitation is pursuant to Government Code 21221 (h) of the California Public Employees' Retirement Law. Representatives of the HBPOA and Police management met and conferred on November 28, 2006 over the issue of modification to the 960 Program and agreed that employees will be compensated at the base hourly rate equal to "E" step of Police Officer. Effective September 23, 2006, "E" step of Police Officer is $36.50 per hour. Environmental Status: Not applicable Attachment(s): Resolution 2007-1& Amending the Memorandum of Understanding between the City of Huntington Beach and the Police Officers Association by adopting the Side Letter of Agreement (regarding the 960 program), including Exhibit A: The Side Letter Agreement. -2- 2/21/200712:23 PM ATTACHMENT #1 � RESOLUTION NO. 2007-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE OFFICERS ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT (REGARDING THE 960 PROGRAM) WHEREAS, on May 1 , 2006 , the City Council of Huntington Beach adopted Resolution No. 20O6-1q for the purpose of adopting the _0©6-10Memorandum of Understanding (MOU) between the City and the Police Officers Association (POA); Subsequent to the adoption of the MOU, the City of Huntington Beach and POA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the POA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to the modification to an existing temporary part-time employee program. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the POA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of March 9200 7 . REVIEWED AND APPROVED: ity Ad inistrator ayor APPROVED AS TO FORM: C* Attorney U INIT ED AND APPROVED: Lct),� 2 p Deputy City Administrator City Services 06-769/6594 Resolution No. 2007-18 EXHIBIT A Resolution No. 2007-18 SIDE LETTER AGREEMENT December 18, 2006 Representatives of the Huntington Beach Police Officers Association and Police management met and conferred on November 28, 2006 over the issue of modification to an existing temporary part-time employee program (known as the 960 Program). As a result of that meeting, agreement was reached on the following: DEFINITION: Temporary Part-time employees (960 employees) will be used to fill a maximum of ten (10) open positions in the police department and/or to staff the front desk and assist detectives as required subject to the following conditions: ELIGIBILITY: 1. Must have retired from a sworn position of any rank from the Huntington Beach Police Department through a service retirement. 2. Will be employed only in line -level positions. 3. Will be limited to working a total of nine hundred sixty (960) hours per year. 4. Will work at the discretion of the Chief of Police and are "at will' employees. 5. Any employee who has previously separated from employment with the city will be required to undergo and pass both a background investigation and a medical examination. Permanent full-time employees who retired and immediately became reserve officers are exempt from this requirement. 6. Positions in this program will not be available to employees who have previously received any type of disability retirement. PAY AND BENEFITS: 1. Program participants will be compensated at the base rate currently being earned by the "E-step Police Officer" position as enumerated in the current Memorandum of Understanding for the Huntington Beach Police Officers Association. 2. Program participants will not receive any other benefits unless specifically enumerated herein. 3. If injured on duty, employees in this program will receive benefits in accordance with applicable law regarding safety personnel. 4. Program participants will be compensated for court appearances at the hourly rate enumerated above. On -call status for court will be compensated in accordance with the rules contained in the current Memorandum of Understanding for the Huntington Beach Police Officers Association. 06-769/7368 Resolution No. 2007-18 CONDITIONS: Participants in this program may be assigned to any unit in the police department at the discretion of the Chief of Police. The intent is to primarily place participants in the Uniform Division, Patrol Bureau and the Investigation Division. Effort will be made to avoid placing a program participant in a highly desirable slot in the Patrol Schedule. It is not the intent of this program to permanently replace any permanent full-time positions through the use temporary part-time employees. DURATION: The City and the HBPOA agree to enter into this agreement providing either party may request to meet and confer regarding unforeseen or unintended consequences arising from this agreement. Either the Chief of Police or the HBPOA providing a written request to do so at least thirty days in advance of the proposed termination date may discontinue this job program at any time. For HBPOA Kreg hfuller, President HBPOA Dated: 002 -y 02 - 07 6 For the City of Huntington Beach Zilr�PetOpe�eCulbreth-Gra City Administrator Dated: .3 --5 - 07- Kenneth W. Small, Chief of Police Dated: Approved as to form: A'2'7� M Jen fifer McG th, CitylAoney Dated: Z• 2.0� 06-76917368 Res. No. 2007-18 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 5th day of March, 2007 by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None City Jerk and ex-officio CYerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATION SUBJECT: ADOPT RESOLUTION APPROVING THE HBPOA 960 PROGRAM SIDE LETTER TO THE MOU COUNCIL MEETING DATE: March 5, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached El Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable Bonds (If applicable) Attached El Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Deputy City Administrator (Initial) ( ) City Administrator (Initial) ) (eltgl) City Clerk (Below Space For City Clerk's Use Only) RCA Author: P. Ahumada (il, ��lo Council/Agency Meeting Held: - OS' Def%e gyred/Continued to:,.,,.,_ ity Clerk's Signature Approved ❑Conditionally Approved ❑Denied Council Meeting Date: 3/5/2007 Department ID Number: ADCS-07-09 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONARABLE MAYOR AND I COUNCIL SUBMITTED BY: P ELOP CULBGRA T, CITY ADMINISTRAT R PREPARED BY: ROBERT HALL, DEPUTY CITY ADMINISTRATO SUBJECT: ADOPT RESOLUTION APPROVING SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HBPOA (REGARDING MEDICAL RETIREMENT TRUST FUND PROGRAM) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: The Memorandum of Understanding (MOU) with Huntington Beach Police Officers' Association (HBPOA) approved by the City Council on May 1, 2006, includes a provision on a Post Retirement Medical Reimbursement Program. The City and the HBPOA have come to a side letter agreement regarding a Post Retirement Medical Reimbursement Program. Funding Source: No additional funding is required. Recommended Action: Motion to: Adopt Resolution No. 2007-17 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers Association, By Adopting the Side Letter of Agreement (Regarding Medical Retirement Trust Fund Program) Altemative Action(s): Do not adopt Resolution No. 2007-17 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers Association, By Adopting the Side Letter of Agreement (Regarding Medical Retirement Trust Fund Program) REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/5/2007 DEPARTMENT ID NUMBER: ADCS-07-09 Analysis: Representatives of the HBPOA and the City of Huntington Beach have agreed to terms and conditions related to the implementation of a Post -Retirement Medical Reimbursement Program pursuant to Article X(A)8 of the MOU between the HBPOA and the City effective April 1, 2006. Under the side letter agreement, the City authorizes the HBPOA to implement and administer its own employee welfare benefit trust fund program called the California Public Safety Retirement Medical Trust. The side letter also amends Article XII — Leave Benefits of the MOU between the HBPOA and the City to include a provision that allows the value of any unused earned leave benefits (sick, vacation, general leave) to be transferred to deferred compensation or a POA- sponsored medical retirement trust program in connection with separation from employment. Environmental Status: Not applicable Attachment(s): Resolution 2007-17 Amending the Memorandum of Understanding between the City of Huntington Beach and the Police Officers Association by adopting the side letter of agreement (regarding medical retirement trust fund program), including Exhibit A: The Side Letter Aareement. -2- 2/14/2007 4:59 PM ATTACHMENT #1 RESOLUTION NO. 2007-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE POLICE OFFICERS ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT (REGARDING MEDICAL RETIREMENT TRUST FUND PROGRAM) WHEREAS, on May 1 � 2006 , the City Council of Huntington Beach adopted Resolution No. 2006-19 for the purpose of adopting the _M06-10Memorandum of Understanding (MOU) between the City and the Police Officers Association (POA); Subsequent to the adoption of the MOU, the City of Huntington Beach and POA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the POA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to the implementation of a medical retirement trust fund program. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the POA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of March , 200 REVIEWED AND APPROVED: ity Ad nistrator APPROVED AS TO FORM: Y e ity Attorney U Z.Z.Q� INITIA' D AND APPROVED: Deputy City Administrator City Services 06-774/6593 Resolution No. 2007-17 EXHIBIT A Resolution No. 2007-17 SIDE LETTER AGREEMENT December 19, 2006 Representatives of the Huntington Beach Police Officers Association ("HBPOA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the implementation of a Post -Retirement Medical Reimbursement Program pursuant to Article X(A)8 of the MOU between the HBPOA and City effective April 1, 2006. EMPLOYEE WELFARE BENEFIT TRUST FUND: The City authorizes the HBPOA to implement and administer its own employee welfare medical benefit trust fund program, called that California Public Safety Retirement Medical Trust, providing the following conditions are adhered to: The City and HBPOA agree that the City shall not provide any contribution to the program. 2. Effective 1/1/07, City shall withhold $88.89 monthly for each represented employee. Effective 1/1/08, said withholding shall increase to $92.52. Effective 1/1/09, said withholding shall increase to $97.25. Effective 1/1/10, said withholding shall increase to $102.23. Deductions shall be taken on the first two checks of each month. 3. HBPOA shall create and administer the program and shall pay all associated expenses incurred for administering the program. 4. Upon request, the HBPOA shall provide documentation to the City as follows: a. A copy of the in -force employee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBPOA represented employees only; C. A copy of the current program document as well as any changes of amendments, or written confirmation that there have been no changes as employee medical welfare benefit trust fund program provider; d. Verification of the funds received by the HBPOA, and e. A statement certifying that the submitted funds are only being utilized to provide employee welfare medical benefit trust funds for participating members including members of the HBPOA. 06-774/6584 Resolution No. 2007-17 5. City shall pay the withheld funds to the HBPOA bi-weekly. 6. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 7. 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 employee welfare benefit trust fund program. LEAVE BENEFITS UPON SEPARATION: Article XII(I) of the MOU between the HBPOA and City effective April 1, 2006, is amended as follows: The value of any unused earned leave benefits (sick, vacation, general leave) may be transferred to deferred compensation or a POA-sponsored medical retirement trust program in connection with separation from employment, but only during the time the employee is actively employed with the City. Any transfer to the POA- sponsored medical retirement trust program shall be on a pre-tax basis. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. Any unused earned leave benefits remaining upon separation will be transferred to the POA-sponsored medical retirement trust program on a pre-tax basis. For HBPOA For the City of Huntington Beach A!'_Z Kr g Muller Penelope Culbreth- raft President City Administrator Dated: O a -W -0 7 Dated: 2- 2 - 0 7 I Kenneth W. Small Chief of Police Dated: Approved as to form: A4c �Zk, Jenni er McGrath Z�� City Attorney Dated Z•7.�-Q'9-- 2 06-774/6584 Res. No. 2007-17 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 5t' day of March, 2007 by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None Ci Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATION SUBJECT: ADOPT RESO APPROVING POA MEDICAL REIMBURSMENT TRUST SIDELETTER COUNCIL MEETING DATE: March 5, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable Bonds (If applicable) Attached Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWAR ED Administrative Staff Deputy City Administrator (Initial) ( ( ) City Administrator (Initial) ( ) City Clerk EXPLANATION • ' RETURN OF (Below Space For City Clerk's Use Only) RCA Author: P. Ahumada it (, REQUEST FOR AC41ION AM MAY -�, �,i 9:MEETING DATE: 5/16/2006 DEPARTMENT ID NUMBER:CS-06-17 � . ♦p Council/Agency Meeting Held:_,_,_ SJ Deferred/Continued to: Approved Cl Conditionally Approved ® Denied ity Ole s Si nature Council Meeting Date: 5/15/2006 Department 1 mber: ADCS-06-17 SUBMITTED TO: HONO BLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PEN LOPE ULBR�GRAFT: CITY ADMINISTRAT R PREPARED BY: ROBERT HALL, DEPUTY CITY ADMINISTRATO SUBJECT: PAGE 29 OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: One page was inadvertently excluded from the Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association (HBPOA) covering the period of April 1, 2006 through March 31, 2010, that was ratified by the Huntington Beach City Council on May 1, 2006. It is necessary for the City Council to receive and file page 29 of the MOU for effective records retention purposes. Funding Source: Not applicable. Recommended Action: Motion to: Receive and file page 29 as part of the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association for the term of April 1, 2006 through March 31, 2010 adopted May 1, 2006. Alternative Actiontsl: Do not receive and file page 29 as part of the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association for the term of April 1, 2006 through March 31, 2010 adopted May 1, 2006. — MEETING DATE: 5/15/2006 DEPARTMENT ID NUMBER: ADCS-06-17 Analysis: During preparation of the Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers' Association for the term of April 1, 2006 through March 31, 2010 for the May 1, 2006 City Council agenda, page 29 of the document was inadvertently omitted. Specifically, page 29 includes the salary tables in effect for 2006. Resubmission to the City Council for receiving and filing page 29 of the MOU is necessary to ensure a complete document for appropriate records retention purposes. The inadvertent exclusion of page 29 from the MOU does not effect the implementation of negotiated provisions as adopted by the City Council on May 1, 2006. Environmental Status: Not applicable Attachrnent(s): ATTACHMENT #1 POA MOU EXHIBIT A CITY OF HUNTINGTON BEACH POLICE OFFICERS'ASSOCIATION SALARY SCHEDULE Effective April 8, 2006 Job Code Classification Range A B C D E 0280 Communications Operator - PD 478 $23.65 $24.95 $26.32 $27.77 $29.30 0281 Communications Supervisor - PD 505 $27.06 $28.55 $30.12 $31.78 $33.53 0221 Detention Officer 477 $23.53 $24.82 $26.19 $27.63 $29.15 _0220 Detention Officer, Nurse 487 $24.74 $26.10 $27.54 $29.05 $30.65 0222 Detention Shift Supervisor 504 $26.93 $28.41 $29.97 $31.62 $33.36 0225 Police Recruit 449 $20.46 $21.59 $22.78 $24.03 $25.35 0223 0159 Police Officer Police Sergeant 514 564 $28.30 $36.32 $29.86 $38.32 $31.50 $40.43 $33.23 $42.65 $35.06 $45.00 Effective September 23, 2006 Job Code Classification Range A B C D E 0280 _ Communications Operator - PD 478 $23.65 $24.95 $26.32 $27.77 $29.30 0281 Communications Supervisor - PD 505 $27.06 $28.55 $30.12 $31.78 $33.53 0221 Detention Officer 477 $23.53 $24.82 $26.19 $27.63 $29.15 0220 Detention Officer, Nurse 487 $24.74 $26.10 $27.54 $29.05 $30.65 0222 Detention Shift Supervisor 504 $26.93 $28.41 $29.97 $31.62 $33.36 0225 Police Recruit 449 $20.46 $21.59 $22.78 $24.03 $25.35 f 0223 Police Officer 522 $29.47 $31.09 $32.80 $34.60 $36.50 0159 Police Sergeant 572 $37.82 $39.90 $42.09 $44.40 $46.84 -29- POA MOU FINAL 2006-2010 INITIATING DEPARTMENT: ADMINISTRATION SUBJECT: PAGE 29 OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION COUNCIL MEETING DATE: May 15, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached El Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Si ned in full b the CityAttorney)Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Not A plicable ❑ ENPLANATOON FOR MWONG ATTACHP&ENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN (Befow, Space For City Clerk's (Jse Onlgy.) Author:CA ll c • _ 1 Y AN Council/Agency Meeting Held:, d- / Deferred/Continued to: Y,Approved ❑ Conditionally Approved ❑ Denied a=2p Ci I Signa re Council Meeting Date: 5/1/2006 Departmen D Number: ADCS-06-14 SUBMITTED TO: HONORABLE MAYOR AND CI COUNCIL MEMBERS SUBMITTED BY: PEN LOPVau [ RE� , ITY ADMINIST R PREPARED BY: ROBERT HALL, DEPUTY CITY ADMINISTRATO SUBJECT: APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City and the Huntington Beach Police Officers' Association (HBPOA) enter into a new Memorandum of Understanding covering the period April 1, 2006 through March 31, 2010? ` Funding Source: Additional funding will be allocated in the current Fiscal Year 2005/2006 budget and funding will be included in the budgets for Fiscal Years 2006/07, 2007/08, 2008/09 and 2009/10. The cost to implement the HBPOA Memorandum of Understanding in the current Fiscal Year through March 31, 2007 in Fiscal Year 2006/07 is $1,673,410; from April 1, 2007 through March 31, 2008 in Fiscal Year 2007/08 is $1,571,598; from April 1, 2008 through March 31, 2009 in Fiscal Year 2008/09 is $1,473',455; and, from April 1, 2009 through March 31, 2010 in Fiscal Year 2009/10 is $1,511,339. Total estimated cost of this Memorandum of Understanding for a four-year term is $6,229,803. Recommended Action: Motion to: Adopt Resolution Nct; ®06 a Resolution of the City Council of the City of Huntington Beach approving and implementing the Memorandum of Understanding between the City of G:\CITY SVCS\HR\Negotiations 2005-06\POA\RCA HBPOA MOU 5-1-06.doc �''" -2- 4/18/2006 12:02 PM REQUEST FOR ACTION MEETING DATE: 5/1/2006 DEPARTMENT ID NUMBER: ADCS-06-14 Huntington Beach and the Huntington Beach Police Officers' Association for the term of April 1, 2006 through March 31, 2010., Alternative Action(s): Do not approve the Resolution for employees of the HBPOA and direct staff to either . attempt to continue to meet and confer with the Association or utilize the impasse procedures under the City's Employer -Employee Relations Resolution. Analysis: Representatives of the City and the HBPOA have completed the meet and confer process with agreement on a new Memorandum of Understanding (MOU) for the period of April 1, 2006 through March 31, 2010. Highlights from the listing of proposed pay and benefit changes include the following: Wage Increases (effective the pay period which includes the dates below) 4% effective 4/1/06 for non -sworn employees 4% effective 10/1/06 for sworn employees 2% effective 4/1/07 for all employees 2% effective 10/1 /07 for all employees 2.5% effective 4/1/08 for all employees 2.5% effective 10/1/08 for all employees 2.5% effective 411/09 for all employees 2.5% effective 10/01/09 for all employees Special Pay Conversion of Education Incentive Program to Police Professional Development Plan that includes California Peace Officers Standards and Training (POST) certifications. Includes 3% for AA or Junior standing in a BA/BS program; 3% for BS/BA; 3% for Intermediate POST; and, 3% for Advanced POST. Maximum achievable is 12% of base pay. Conversion of Motor (5%) and Flight (8%)/Certified Instructor (13%) Pay for Sergeants to percentage of pay (same program as is in effect for Officers). Incorporation of Sergeants into current Officer Longevity Pay program (maximum 10% achievable) and program enhancement to include credit for other sworn law enforcement experience. Effective 1/1/08, increase uniform allowance for sworn personnel from $1200 to $1300 per calendar year. Payment date to change from first of the calendar year to end of the calendar year, based on active employment. G:\CITY SVCS\HR\Negotiations 2005-06\POA\RCA HBPOA MOU 5-1-06.doc -3- 4/18/2006 12:02 PM REQUEST FOR ACTION MEETING DATE: 5/1/2006 DEPARTMENT ID NUMBER: ADCS-06-14 City contribution of $25 per active employee monthly for Long Term Care (LTC) coverage provided by the HBPOA. Incorporation of Sergeants to HBPOA Long Term Disability (LTD) program coverage (City contribution of $38 per active employee). Effective 1/1/07, City's contribution cap for medical (and vision) coverage is established at up to a 10% increase in premium (from 2006 rates) and thereafter each year through 2009. The City's contribution cap for 2010 shall be the same as 2009. Effective 1/1/07, City's contribution cap for dental coverage is established at up to a 5% increase in premium (from 2006 rates) and thereafter each year through 2009. The City's contribution cap for 2010 shall be the same as 2009. Effective 1/1/07, medical "opt -out' value changed from $200 monthly to value of Employee Only coverage level for the Orange County Blue Shield HMO (PEMHCA) plan. Environmental Status: Not applicable A4achmenttsl• City Clerk's Page .- . Description Proposed Changes in Terms and Conditions of Employment between the City of Huntington Beach and the HBPOA 2 Legislative Draft - Memorandum of Understanding between the City of Huntington Beach and the HBPOA for April 1, 2006 through March 31, 2010 3 Resolution to Adopt Memorandum of Understanding between the City of Huntington Beach and the HBPOA for April 1, 2006 through March 31, 2010, including Exhibit A: Final Memorandum of Understanding between the City of Huntington Beach and the HBPOA for April 1, 2006 through March 31, 2010 P:\RCA\RCA 2006\RCA HBPOA MOU 5-1-06.doc -4-. 4/20/2006 2:21 PM ATTACHMENT #1 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (HBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Term of Memorandum of Understanding (MOU) 4/ 1 /06 — 3 /31 / 10 48 —month agreem,',nt Wage Increase 4% wage increase a) $ 24,711 a) $ 24,711 a) $ 49,422 This is a competitive wage increase eff. the start of the b) $ 9,514 b) $ 9,515 b) $ 19,029 within the immediate Orange pay period that c) $ 34,225 c) $ 34,225 c) $ 68,451 County police agency labor market includes 4/1/06 for to assist in the attraction and all non -sworn retention of qualified personnel. employees. 4% wage increase a) $ 360,636 a) $ 360,636 This is a competitive wage increase eff. the start of the b) $ 209,665 b) $ 209,665 within the immediate Orange nay period that c) $ 570,301 c) $ 570,301 County police agency labor market icludes 10/1/06 for to assist in the attr,�';tion and all sworn retention of qualifiE.4 personnel. employees. 2% wage increase a) $ 283,281 a) $ 283,281 This is a competitive wage increase for all employees b) $ 164, 691 b) $ 164,691 within the immediate Orange effective the start of c) $ 447,972 c) $ 447,972 County police agency labor market the pay period that to assist in the attraction and includes 4/1/07 retention of qualifidd personnel. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 1 of 12 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (IIBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** % wage increase a) $ 283,281 a) $ 283,281 This is a competitive wage increase for all employees b) $ 164,691 b) $ 164,691 within the immediate Orange effective the start of c) $ 447,972 c) $ 447,972 County police agency labor market the pay period that to assist in the attraction and includes 10/1/07 retention of qualified personnel. 2.5% wage increase a) $ 369,016 a) $ 369,016 This is a competitive wage increase for all employees b) $ 214,537 b) $ 214,537 within the immediate Orange effective the start of c) $ 583,553 c) $ 583,553 County police agency labor market the pay period that to assist in the attraction and includes 4/1/08 retention of qualified personnel. 2.5% wage increase a) $ 369,016 a) $ 369,016 This is a competitive wage increase for all employees b) $ 214,537 b) $ 214,537 within the immediate Orange effective the start of c) $ 583,553 c) $ 583,553 County police agency labor market the pay period that to assist in the attraction and 'ncludes 10/1/08 retention of qualified personnel. 2.5% wage increase a) $ 387,698 a) $ 387,698 This is a competitive wage increase for all employees b) $ 225,397 b) $ 225,397 within the immediate Orange effective the start of c) $ 613,095 c) $ 613,095 County police agency labor market the pay period that to assist in the attraction and includes 4/l/09 retention of qualified personnel. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 2 of 12 PROPOSED CHANGES .UN 1Eiiv13 Alva11O1vaI T IONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (HBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** 5% wage increase a) $ 387,698 a) $ 387,698 This is a competitive wage increase for all employees b) $ 225,397 b) $ 225,397 within the immediate Orange effective the start of c) $ 613,095 c) $ 613,095 County police agency labor market the pay period that to assist in the attraction and includes 10/l/09 retention of qualified personnel. Special Pa Restructure of a) $ 182,073 a) $ 182,073 a) $ 364,147 To promote well -trained and Education Incentive b) $ 111,311 b) $ 111,311 b) $ 222,620 disciplined sworn personnel. This Program for sworn c) $ 293,384 c) $ 293,384 c) $ 586,767 Program has been re -titled Police personnel from flat Professional Development Plan and rate to percentage of is focused primarily on degree pay — 3% for AA or programs and CA Peace Officer Jr. standing in Standards and Training (POST) BA/BS program certifications. Including POST id 3% for BA/BS certifications, maximum special pay is 12%. CA POST a) $ 110,302 a) $ 110,303 a) $ 220,605 Part of the Police Professional certification b) $ 69,283 b) $ 69,283 b) $ 138,566 Development Plan and to promote incentive pay — 3% c) $ 179,585 c) $ 179,586 c) $ 359,171 the recruitment and attraction of for Intermediate well -qualified Lateral Police Officer POST and 3% for candidates. Advanced POST. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 3 of 12 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (IIBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost* * .onversion of a) $ 1,375 a) $ 1,375 a) $ 2,750 To create a uniform compensation Motor and b) $ 4,885 b) $ 4,885 b) $ 9,770 structure for the Flight/Certified c) $ 6,260 c) $ 6,260 c) $ 12,520 progression/promotion of an Officer Instructor Pay for to Sergeant. This program Sergeants from flat incorporates 3 Sergeants. rate to percentage of pay. Ef . 3/23/07, a) $ 81,548 a) $ 81,548 a) $ 163,096 Incorporating Sergeants into this modify Longevity b) $ 51,314 b) $ 51,314 b) $ 102,628 program deletes the Senior Police Pay to incorporate c) $ 132,862 c) $ 132,862 c) $ 265,724 Sergeant classification (paid at 5% Sergeants into above top pay step for Police existing Officer Officer). program. Effective 3/24/07, a) $ 38,731 a) $ 38,731 a) $ 77,462 To promote the recruitment and nodify Longevity b) $ 23,659 b) $ 23,659 b) $ 47,318 attraction of well -qualified Lateral .,ay to include c) $ 62,390 c) $ 62,390 c) $ 124,780 candidates. Includes experience as credit for other defined by CA PC Sections 830.1 sworn law and 830.2 or the out of state enforcement equivalent as determined by the experience. Chief of Police. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 4 of 12 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (IIBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Tf. 1/1/08, incr. Change in uniform allowance uniform allowance N/C N/C $ 21,200 $ 21,200 payment from full payment at the increase for sworn first of the calendar year to a pro - personnel from rated basis based on active $1200 to $1300. employment creates savings. Addition of 5% N/C N/C N/C N/C N/C N/C Incentive for Detention Officer, Nurse Pay for Nurse employees who desire to Detention Shift promote to Shift Supervisor and Supervisors. I maintain Nurse certification. Retirement Stipend for retirees N/C N/C N/C N/C N/C N/C For subpoenas accepted by the City called back for on behalf of an employee at or prior court appearance to retirement. The stipend will be time. based on the present E Step of the pay range for the position the retiree held with the City before retirement. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 5 of 12 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (HBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Health Benefits Eff. 1 / 1 /07, incr. City's contribution for medical (and vision) coverage up to a 10% inc. in the mthly premium each year through 2009. Ef. . 1/l/07, incr. City's contribution for dental coverage up to a 5% inc. in the mthly premium each ear through 2009. -010 rates for medical, vision and dental shall remain the same as 2009 rates. ------------------------------ Proposed changes and $ costs continued on next page * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Employee is responsible for medical (and vision) premium costs above 10% based on level of coverage selected. Employee is responsible for dental premium costs above 5% based on level of coverage selected. Council Meeting of May 1, 2006 Page 6 of 12 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (HBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** ,,ff. 1 / 1 /07, incr. ----- - ----- -------- ------------------------------------ ------------------------------- Enhanced health coverage is medical "opt -out" N/C $ 213,862 $ 285,150 $ 285,150 $ 71,282 $ 855,450 vital to the recruitment and provision from $200 attraction of qualified personnel. mth to the equivalent value of Employee 2006 PEMHCA OC Blue Shield Only coverage level HMO EE only rate is $357.67. for OC Blue Shield HMO (PEMHCA). Ef. . 6/1/06, City City contribution is $25 per contribution for $ 25,400 $ 50,800 N/C N/C N/C $ 76,200 active employee paid on a LTC. coverage monthly basis for HBPOA Long program provided by Term Care coverage program the HBPOA. (policy verification required). Eff. 4/06, addition of Sergeants transferred (from ,ergeants to HBPOA N/C N/C N/C N/C N/C N/C City's program) to HBPOA _TD program Long Term Disability program coverage. coverage. Results in minor cost savings for the City. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 7 of 12 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (HBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Paid Leave Ef. . 4/8/06, convert Sergeants leave benefits to the same provisions as currently in effect for other sworn HBPOA personnel. End of General Leave accruals and N/C N/C N/C N/C N/C N/C covert to Vacation; end Sergeant Sick Leave and covert to 60 days per incident of illness/injury. Any additional hours may be paid out as cash at the regular rate of pay or transferred to deferred compensation or other pre-tax program offered and approved by the Citv. Contract Language Updates Changes to On -Call To comply with current practice. 'ourt Time as paid N/C N/C N/C N/C N/C N/C The limiting of banking hours to at the reg. rate of compensatory time reduces leave pay, excl. hrs. that benefits to assist staffing needs. are part of the regular work schedule, & limits comp. time (CTO) to 60 hrs. per cal. vear. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 8 of 12 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF >E UNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (H[BP®A) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** amily Sick Leave To clarify interpretive conflict allowance to 60 N/C N/C N/C N/C N/C N/C with current State law on leave for hours per calendar family sick based on accrued sick year. leave. Shift Differential To clarify that current 5% special Pay N/C N/C N/C N/C N/C N/C pay to be based on work performed on a regular assigned shift that occurs during swing or graveyard shift as defined by department policy. Motorcycle Such time shall be on duty unless maintenance duty N/C N/C N/C N/C N/C N/C overtime has been approved in advance. onsideration for Program languages include additional languages N/C N/C N/C N/C N/C N/C Spanish, Vietnamese and in the current American Sign. Additional Bilingual Pay languages may be approved at the Program. discretion of the Chief of Police. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 9 of 12 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (HBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b:) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** yield Training Complies with current practice and Officer (FTO) N/C N/C N/C N/C N/C N/C documents for FLSA purposes. compensation Paid at one -quarter hrs. of pay at the base hourly rate & may be banked CTO. Defined 80-hr. work To document the FLSA overtime period for sworn and N/C N/C N/C N/C N/C N/C calculation for approved work 40-hr work week for schedules. non -sworn in established work schedules. Provision for Policy statement on the City's Controlled N/C N/C N/C N/C N/C N/C right to conduct reasonable 'ubstance and suspicion testing based on alcohol Testing department policy. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 10 of 12 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (HBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Expansion on Take Includes employees assigned a Home N/C N/C N/C N/C N/C N/C motorcycle, provided that such Vehicles/Distance to travel does not exceed 350 miles Work per week. Also includes employees in the Executive, Administrative and Investigation Divisions (and specific assignments in the Uniform Division) that require a vehicle assignment. Direct Deposit For admin. ease, applies to those N/C N/C N/C N/C N/C N/C hired after the eff. date of MOU. lob Sharing Program Inclusion of a current side letter to Zot applicable to N/C N/C N/C N/C N/C N/C the MOU. With the inclusion of Sergeants) Sergeants to the HBPOA, this program was not determined to be feasible for a supervisory position. General non- General administrative MOU substantive language N/C N/C N/C N/C N/C N/C maintenance. clean-ups and updates * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 11 of 12 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE POLICE OFFICERS ASSOCIATION (HBPOA) Proposed Changes in FY 2005/2006 FY 2006/2007 FY 2007/2008 FY 2008/2009 FY 2009/2010 Est. Cost for Staff Comments Terms and Est. Cost Est. Cost Est. Cost: Est. Cost: Est. Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary b.) Salary Driven b.) Salary b.) Salary b.) Salary Driven a.) Base Salary* Driven Costs** Costs** Driven Costs** Driven Costs** Costs** b.) Salary c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. c.) Total Est. Driven Costs** Cost*** Cost*** Cost*** Cost*** Cost*** c.) Total Est. Cost*** Zeet and Confer Funding of a pre-tax HBPOA reserves the right to retirement medical N/C N/C N/C N/C N/C N/C request the City to meet and confer reimbursement during the terns of the MOU. program through wages implemented by the MOU. After 4/ 1 /08, on any potential employer funding. Any specific issue City maintains the right to meet related to payroll N/C N/C N/C N/C N/C N/C and confer during the term of the implementation MOU. and/or compliance ,ith the Fair Labor standards Act. Cost of Proposed a) $ 318,461 a) $1,082,658 a) $ 772,576 a) $ 756,714 a) $ 387,698 a) $ 3,318,108 Changes b) $ 194,993 b) $ 644,323 b) $ 454,201 b) $ 439,934 b) $ 225,397 b) $1,958,846 c) $ 538,854 c) $1,991,642 c) $1,533,127 c) $1,481,798 c) $ 684,377 c) $6,229,803 * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2005/2006 N/C represents no increased measurable cost Council Meeting of May 1, 2006 Page 12 of 12 TACHMENT Huntington Police Officers' Association 'WIG"�'i /, April. 2006 a. POA MOU Final Version 4.8.06 PREAMBLE..................................................................................................................................1 ARTICLEI - TERM OF MOU........................................................................................................1 ARTICLE 11 - REPRESENTATIONAL UNIT/CLASS....................................................................I ARTICLE III - MANAGEMENT RIGHTS..................................................................................34-2- ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT ....................................................32 ARTICLE V - SEVERABILITY....................................................................................................32 ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP.......................................................32 ARTICLE VII - SPECIAL PAY..................................................................................................543 A. Police Professional Development Plan...............................................................................54 B. Flight Pay.............................................................................................................................64 C. Certified Flight Instructors..................................................................................................654 D. Shift Differential...................................................................................................................75 E. Motor Pay............................................................................................................................75 F. Bilingual Pay........................................................................................................................85 G. Holidays...............................................................................................................................86 H. FTO Compensation.............................................................................................................96 I. Longevity Pay....................................................................................................................97-6 J. Effective Date of Special Pays...........................................................................................107 K. No Pyramiding of Special Pays.........................................................................................107 L. Nurse Pay..........................................................................................................................107 M. Reporting to PERS............................................................................................................107 ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT .................................. 1087- A. Uniforms..........................................................................................................................1097 B. Equipment/Special Uniform Needs....................................................................................118 C. Motorcycle Britches...........................................................................................................119 ARTICLE IX - HOURS OF WORK/OVERTIME......................................................................1 99 A. Work Schedule................................................................................................................1299 B. Other Time.......................................................................................................................144-0 1. Compensatory Time.....................................................................................................1440 2. Work Time....................................................................................................................1544 3. Subpoena Compensation.............................................................................................1544 4. Standby Pay.................................................................................................................16a2 5. Call Back......................................................................................................................174-2 6. Telephonic Business....................................................................................................1742- 7. Canine Compensation............................................................ ARTICLE X — HEALTH AND OTHER INSURANCE BENEFITS...........................................1743 ARTICLE XI - RETIREMENT.............................................................................................27 POA MOU Final Version 4.8.06 POA MOU ARTICLE XII - LEAVE BENEFITS.....................................................................................282424 A. Vacation.......................................................................................................................282124 1. Anniversary Date.....................................................................................................282121 2. Annual Vacation.......................................................................................................2824-24 3. Vacation Accrual......................................................................................................2922-22 4. Vacation...................................................................................................................292222 5. Vacation Pay at Separation......................................................................................302222 6. Conversion to Cash..................................................................................................302222 7. Police Sergeants General Leave.............................................................................302222 B. Sick Leave Compensation...........................................................................................302323 C. Bereavement Leave....................................................................................................32242-3 D. Leave Benefits Entitlement..........................................................................................322424 E. Catastrophic Leave Donation Program........................................................................322424 F. Weekend Military Drills................................................................................................322424 G. Nurse Employees Certification....................................................................................322424 H. Pay In Lieu of Compensatory Time.............................................................................322424 I. Deferred Compensation/Leave Benefit Cash Out........................................................322424 J. Association Business...................................................................................................33252-4 ARTICLE XIII - CITY RULES.............................................................................................33 A. Tuition Reimbursement................................................................................................332525 B. Meal Allowance...........................................................................................................342525 1. Per Diem..................................................................................................................342-525 2. Per Diem Schedule..................................................................................................342-62-6 C. Mileage Allowance.......................................................................................................342626 D. Weapon Vesting..........................................................................................................34 262-6 E. Random Drug and Alcohol Testing..............................................................................342626 F. Take Home Vehicles/ Distance to Work......................................................................352-626 G. Employer -Employee Relations Resolution...................................................................352-72-6 H. Use of Departmental Communications Systems.........................................................352727 I. Administrative Appeal Procedure................................................................................352727 J. Direct Deposit..............................................................................................................362727 ARTICLE XV - CITY COUNCIL APPROVAL.....................................................................3728 EXHIBIT A — POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE .......................3 EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME ...........443333 EXHIBIT C — RETIREE MEDICAL SUBSIDY....................................................................46 EXHIBIT D — ADMINISTRATIVE APPEAL PROCEDURE................................................49 EXHIBIT E — VOLUNTARY CATASTROPHIC LEAVE DONATION5542-42 EXHIBIT F — JOB SHARING PROGRAM..........................................................................59 4646 POA MOU Final Version 4.8.06 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 April 1, 2006 QGtebeF 1, ' � 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 April 1, 2006 and ending at midnight March 31, 2010. 8c-teber- 1, 2nn3zall a+ ,,,idnight on 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 ASSOGIATIONAssociation shall, upon request, meet and confer to address issues not specifically covered by provisions of this MOU, and/or discussed during the meet and confer process immediately preceding the adoption of the current MOU. ARTICLE II - REPRESENTATIONAL UNIT/CLASS A. It is recognized that the Huntington Beach Police Officers' Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of employees of the Huntington Beach Police Department within the classification titles as outlined in Exhibit A attached hereto and incorporated herein. I MO .; ITY-- •- - - •_ ;1. A14SO,.7 All 0 .l.. . - -- -1- POA MOU Final Version 4.8.06 •_ G — — — OWN — MIET 1i �- WZ Mr MT- Tr.mdr.1M.MTvW,.Mmr. MM W.. 3".721110M.7"M -2- POA MOU Final Version 4.8.06 POA MOU ARTICLE III - MANAGEMENT RIGHTS EXGept-as expressly ab idgd ^r modified-here+r�-tThe City and PeldGe GhiefChief of Police retains all rights, powers and authority with FespeGt to thhe., management and diFeGtien manage and direct sf the performance of police services and the work forces, performing c„^" — WiGes Provided that except as modified by the Memorandum of Understanding. -n-Nothing herein shall change the CfTYCity'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 City or PE)liGeGh efChief of Police O he CIT'�_ °� the right to make unilateral changes in wages, hours, terms and conditions of employment. The parties agree the Citv has the riaht to unilaterally make decisions on all matters that are outside the scope of bargaining. Such Fights matters include, but are not limited to, consideration of the merits, necessity, level or organization of police services, �g establichinn manniRg 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, ORGluding reasonable work and safety rules and regulations4n 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 GITYCity and ASSOCIAT40N 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. Salary Schedule - Except waae increases as described below, all new or increased benefits established by this Agreement shall be effective the first full pay period that includes April 84, 2006, unless otherwise specified. In addition, a€mployees 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. -3- POA MOU Final Version 4.8.06 POA MOU 1. Effective April 84, 2006, all non -sworn employees shall receive a 42-% wage increase. 2. Effective the first full pay period that includes October 1, 2006, all sworn employees shall receive a 42% wage increase. 3. Effective the first full pay period that includes April 1, 2007, all employees shall receive a 2% wage increase. 4. Effective the first full pay period that includes October 1, 2007, all employees shall receive a 2% wage increase. 5. Effective the first full pay period that includes April 1, 2008, all employees shall receive a 2.5% wage increase. 6. Effective the first full pay period that includes October 1, 2008, all employees shall receive a 2.5% wage increase. 7. Effective the first full pay period that includes April 1, 2009, all employees shall receive a 2.5% wage increase. 8. Effective the first full pay period that includes October 1, 2009, all employees shall receive a 2.5% wage increase. EMML IC, 1MMI B. Non -Sworn PERS Pickup - Each oi+liaanon-sworn employee covered by this agreement shall be reimbursed an amount equal to 7% of the employee's part of his or her PERS contribution. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. Sworn PERS Pickup - 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. - - - M=MMIM- _s_ .,dh---- - - • - • - - '. r At — €D-.— Collection of Payroll Overpayments - 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 -4- POA MOU Final Version 4.8.06 POA MOU 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. ARTICLE VII - SPECIAL PAY A. Police GdUGatiena In,.entiyeProfessional Development Plan 1. 1 Cffentnie upon the FatifoGatien of this Agreement, The EdUGatienal IneProfessional Development Plan for sworn personnel shall be as follows evr•ent that no more than thirty (30) units of appFeved life a. Colleae Dearee Proaram Upon ssmnlmearnina -an AA Dearee or attainina "Junior status" in a dearee Droaram. an emDlovee shall reG8ivebe paid three percent (3%) of the+r—base hourly rate of pay in addition to their --other compensation. ii. Upon seMP4etoon efearning a BA/BS Degree, an employee shall Y,eGei4ebe paid six percent (6%) of base hourly rate of pay in addition to th�other compensation. This pay is in lieu of pay received under sub -section (alit above. b. Post Certificate Program J. Upon feGeip3t-verification of having earned an Intermediate POST Certificate, an employee shall FeGej-vebe paid three percent (3%) of base hourly rate of pay in addition to their -other compensation. ii. Upon fge( verification -of having earned an Advanced POST Certificate, an employee shall, eG&vebe paid six percent (6%) of base hourly rate of pay in addition to the+Fother compensation. This pay is in lieu of pay received under sub -section (b)i above. -5- POA MOU Final Version 4.8.06 POA MOU Stipulations: College major shall be Police Science, Criminology, Political Science, Sociology, Law, Business Administration, Public Administration, Psychology or closely similar field as approved by the PGIiGe GhiefChief of Police_ Initial eligibility must be approved by the p^'i^8 GhiefChief of Police. AR , regu+r No incentive shall be taken away without just cause. Obtaining transcripts or other acceptable documentation is the employee's responsibility. An employee may verify "Junior" status by submission of written verification that the employee has completed 60 or more accredited units and has achieved Junior status with that educational institution. allowed. d. the maximum benefit that may be paid to an employee under this Section is twelve percent (12%) of the base hourly rate in addition to other compensation. B. Flight Pay - Employees assigned to duty as helicopter flight personnel shall rebe aid $500 eight percent (8%) of their base hourly rate of pay per month in addition to #�& appiisable satayother compensation. Fatifir.ation Of this agreement, the Gity shall GGRveFt the $500 peF menth Flight Pay to a C. Certified Flight Instructors - Employees assigned as certified flight instructors shall FeGeovebe paid $800 thirteen percent (13%) of their base hourly rate of pay in addition to their -other compensation. ratifiGation of this agreement, the Gity shall GGnveFt the $900 peF menth Certified Flight -6- POA MOU Final Version 4.8.06 POA► MOU IRStFUGtOF pay to ° This pay is in lieu of Flight Pay defined i}n thas-Section.B above D. Shift Differential— iaa - Detention and Communication Employees' rn beFs required to work on a regular assigned shift that occurs during swing shift or graveyard shift, as defined by departmental policy lythrough the meet and confer process, shall be paid ., shall be paid a premium of five percent (5%) of the employee's base hourly rate of pay in addition to t#e+-other compensation for all wer-khours worked performed during ;a,d_sh, t the swing or graveyard shift. The parties agree the department policy has been established by the meet and confer process. ••-• . - • •_ _ • • -NOW•_ -• . • a _ _ ■ _ •. _ Mr-MUTUNT-TOM • . . FE. Motor Pay- 14, Employees regularly assigned to motorcycle duty shallreGemiebe paid as hazardous dutv oav five aercent (5%) of their base hourly rate of pay in addition to • — • • ' • dG�l:LST—��i�it�•T•�'TT�::T.T.S3:=7PUN . 2. — The parties agrees that any time spent on maintenance and/or cleaning of motorcycles shall be on -duty unless overtime has been approved in advance. The Department shall supply necessary materials needed to perform the following duties: -7- POA MOU Final Version 4.8.06 POA MOO 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. GF. Bilingual Pay g -Qualified employees who meet the criteria will be paid -a pay diffeFe shall be paid -G�f- five percent (5%1 of their base hourly rate of pay -in addition to other compensation. The P^';Ge Ghief Human Resources 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. —al. The languages included will be Spanish, Vietnamese and American Sion language. Additional languages may be approved at the discretion of the Chief of Police. --b2. Authorization of qualified employees for bilingual compensation will be based on the following: g4)A need for the employee to use the language in the City to support the implementation of police operations. —b2)At the discretion of the 19-liG-e C#iefChief of Police, he may limit the number of employees qualified in each category may be limited based on department needs. CIs- Successful completion of tests authorized by the PGI'Ge GhiefChief of Police will be required to qualify for differential bilingual pay for any of the languages. Retesting may be done on an annual basis. MG. Holidays 1. —Holiday Pay Employees represented by the ASSOGIATIONAssociation and actively employed by the City, in addition to fegt4ar--other compensation, shall Feoe+vebe paid each biweekly payroll one twenty-sixth (1/261 of the total eighty (80) holiday hours (84earned 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. -8- POA MOU Final Version 4.8.06 POA► MOU 3. -Holidays - The following are the City -recognized tega�paid 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) H. FTO Compensation -Compensation shall be -ten `,- one -quarter {.25) hours of straight nnrApensatnr.i time nr straight time pay at the base hourly rate, which may be deposited as compensatory time, for each tramnhnG hour worked as a Field Trainina Officer in addition to other compensation for the following assignments 1. Police Officers who have successfully completed a POST certified Field Training Officer Course and have been designated #Field tTraining 90fficers, assigned to Traffic or Patrol Bureaus, shall be eligible for fField tTraining 90fficer compensation. 2. Detention Officers designated to act as tTraining oOfficers. 3. Motor 90fficers designated to act as tTraining e0fficers. 4. Communication O##iseFs eFmplovees designated as Training Officers_ J-1. Longevity Pay - €#es ' I I �+orini) fbIIGWinn GG IRGil ratifinatinn of this agFeer4en ",The City shall provide all sworn officers, excluding Sergeants, -the following longevity pay in addition to other compensation as established by the Department's Sworn Personnel Seniority List: 1. Five percent (5%) of the base salar -hourly rate of pay at 10 years of service with City of Huntington Beach. 2. Ten percent (10%) of the base salay(-hourly rate of pay- at 20 years of service with Citv of Huntinaton Beach. This Dav is in lieu of the Dav identified in sub -section 1 •. ... IMM -9- POA MOU Final Version 4.8.06 IZi71',�,�C�119 An employee with ten (10) or more years of service in the classification of Police fS -Sergeant with the City of Huntington Beach shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation. Effective the first full period that includes April 1, 2007, this benefit shall be eliminated and Sergeants well r-eGeove I-" hall be eligible to FeGemi4ebe paid -Longevity Pay as outlined in sub -section 1.1. and 1.2. above. lerviy 0-Y as iGe Fs Effective- the first full period that includes April 1, 2007, all qualified sworn law enforcement experience shall be included in the calculation of longevity. Only sworn law enforcement experience as defined by California Penal Code Sections 830.1 and 830.2 or the out of state equivalent as determined by the Chief of Police shall be included. t4-l4J. Effective Date of Special Pays -_ All special pay shall be effective the first full pay period following certification and verification as approved by the Poke GhiefChief of Police or designee_- All pays in this section are considered special pays and shoWdshall -be included as part of the regular rate of pay for the purposes of calculating overtime. All pays not in this section are not considered special pays and are not included in the regular rate of pay for purposes of calculating overtime, except On -Call Court Time (Article IX(B)(3)(b)) and Cancelled Subpoenas (Article IX(B)(3)(c)) which shall be calculated into the regular rate of pay at base hourly rate, but not reported to PERS as special compensation. LKL. No Pyramiding of Special Pay- Each special pay that -is a percentage of base salamihourly rate of pay and shall not be counted towards the value of any other special pay. LM. Nurse Pay - Upon the effeGtove mate of ¢, -" y ragified awr em "Employees in the classification of Detention Shift Supervisor, who possess a Nurse certification, pursuant to the Nurse classification job description, shall receive five percent (5%) of their base hourly rate, for so long as they possess the Nurse certification. A4-.RM. Reporting 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 - 4—The GIT-YCity shall continue the Uniform Allowance in lieu of the G4T-YCit providing uniforms for employees represented by the Association. Such allowance shall be twelve hundred dollars ($1,2001 per year; payable in January to those employees on active duty on January 1st.- Effective January 1, 2008, the Uniform Allowance for all employees shall be ��i^, paid with the first paycheck in December. €Employees hired after January 1' shall have their uniform allowance pro- -10- POA MOU Final Version 4.8.06 POA MOU 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 City 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. Effective January 1, 2008, the City shall increase the Uniform Allowance for all sworn employees to thirteen hundred dollars ($1,300) per year. 1. 2. = PERS Reporting of Uniforms - The CITYCity 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 Bleeds= Uniforms and equipment for special assignments shall continue to be provided by the C4TY-Cit . 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. -11- POA MOU Final Version 4.8.06 POA MOU ARTICLE IX - HOURS OF WORK/OVERTIME A. Work Schedule: 1.—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 CI�PFit�—mutually agree to changes._ . f +he FaiF LaabeF S daFd6 Gt /C All employees on the A �� 0 t�}G�req u+re�eR�S-A,--R �� -L-S��- Wo„srh—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, PeldGe-ChgefChief of Police or designee, may require such service from any of said employees. a. All work schedules are designed to be in compliance with the requirements if -of the Fair Labor Standards Act (FLSA). b. Meal times are included in all work schedules. 2. 4/10 Schedule - All employees not assigned a different work schedule pursuant to this article shall work a 4/10 schedule consisting of four 41 consecutive ten 10I hours days followed by three 31 consecutive days off in a seven (7) day period pee, n. All employees w&work an eighty (80) hour work period, except for Communication GoefatGrsEmployees who Y&-work a forty (40) hour work week.. 3. 7/11.5-Plc-m Schedule — The "7/11.5" work schedule applies to designated employees of the Uniform Division and Jail-. of oveFtome fbF those employees based on the 7/11.5 work GGhedule. a. Workday — A workday for employees assigned to the 7/11.5 work schedule will consist of 11 hours and 25 minutes of work;�Re +� nes to be the shift_ b. Eighty (80) -Hour Work Period — For those sworn and detention employees working 11 hours and 25_minutes a day, the "work period" will consist of two consecutive weeks with three 31 consecutive shifts of 11 hours and 25 minutes in one week and four 41 consecutive shifts of 11 hours and 25 minutes in the second -12- POA MOU Final Version 4.8.06 POA MOU week. The total hours for these two consecutive weeks shall be considered equaling eighty (80) hours. The two -week cycle then repeats itself. - - - -Mr *F.TMffrSMTM _ mLe_ i_ d.c. Fortv (40) -Hour Work Week Communications Center --- For sCommunication eEmployees working 11 hours and 25 minutes a day, t-heone (1) work oer-iodweek shall w4-consist of ene forty (40) hour w oFk week wA-h three consecutive shifts of 11 hours and 25 minutes and one (1) work week of four consecutive shifts of 11 hours and 25 minutes. The total ..f those two wgr-k weeks shall be GGRso deFe d one Galin einhti /Qfll nau-r-,.The The two (2) -week cycle then repeats itself. EffeGtive the fiat full y (quartedy) aftpF 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.d. Exceptions - E:ffeGtffive the first full pay peFiad following GOURGOI ratifiGation of this agFeernent, empioye jtty-AeFe but au, Sn GGl Re o� �rurve—and T°"carn G.O.P. 9 iGer p proa ��„ll�„ e asworkedule.-At the discretion of the Chief of Police, Sspecialized assignments within the Uniform Division will work either the 4/10 or 7/11.5 as described above. at the idionretmen of the Chief of Po4Ge Unless agreed upon by the Association, W"th nhaRGfe s made changes to these work shifts shall only be made during recruitment of new officers into the assignments. unless a r „^^^ by the o&soia RQR. Task Force assignments outside the Police Department will be flexible based on an eighty (80)—roFt�o: hour work periodweek. fie. Beach Schedule - If posted during recruitment, a€mployees working assigned-te the Beach detail MN -shall maybe assigned a fixed schedule that incorporates a work week of four consecutive days comprised of twos 8-hour days and twos 12-hour days in a workweek. (if. TE� Schedule - Employees assigned to training or a school in excess of thirty-two (32) hours in a work week will work a five (5) day, eight (8) hour work week in lieu of their regular work schedule. -13- POA MOU Final Version 4.8.06 POA 6MOU 43. Overtime — a. Employees assigned to an eighty (80) hour work period shall FeGe;iebe paid thewer-t}-- rate --m-e-sates at the rate of one and one-half-0 %2) times their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or 80-hour work period. for ail werk SGhedules outlined in this artiGle (AFtiGle IX A. Work SGhedules).- b. Employees assigned to a forty (40) hour work week shall be paid +"�� t4mo fate ^^m°^on atec at the rate of one and one-half (1 '/2) times their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or forty (40 hour work week. However, Communication Operators on the 7/11.5 work schedule must work a minimum of forty (40) hours in the work week before earning overtime. Any hours worked in excess of the regularly scheduled shift that do not exceed forty (40) hours in a work week shall be paid at their regular rate of pay. 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. , ucia-L- h cUnh a bank with the maximum limit of 140 The parties agree that an employee may elect to receive compensatory time in lieu of pay to a maximum of one hundred sixty (160) hours. FatifiGation of this agreeMeRt, the Gity shall inGFea6e the maximum limit of the 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. -14- POA MOU Final Version 4.8.06 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 concerned. c. In addition to the above, other events, which may be designated as unduly disruptive, may be agreed upon by the City and the Association. d. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not call, engage in, request or condone the use of compensatory time off for any strike, walkout, work stoppage, job action, slowdown, sick-out, blue flu, withholding of services or other interference with City operations, or honor any job action by any other employee of the City, employee organizations, or employees of any other employers by withholding or refusing to perform services. In the event that the Association, its officers, agents, representatives, and/or members engage in any of the conduct prohibited herein above, the compensatory time off provision of this MOU shall sunset and thereafter overtime hours shall be compensated at the employee's overtime rate. e. In addition, this provision shall sunset on the last day of this MOU. Nothing herein shall be construed to prevent the parties to agree to place these provisions in a successor MOU. f. To the extent that these provisions are inconsistent with the Settlement Agreement in HBPOA, et al. v.-. City of Huntington Beach, et al. Case No. CV 92-6265 CMB (Shx) said settlement agreement is supersede_ superseded. Provisions not so superseded superseded 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 tome and eRe 4aff 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 , . be aid a minimum of three (3) hours overtime pay; provided, however, -15- POA MOU Final Version 4.8.06 POA MOU 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. tThe 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. On -Call Court ataedjh-Time - Employees required to be on -call standby -for a court appearance during other than their scheduled working hours shall r . be paid a minimum of threes �luhours straight time pay �ding diffeFe ,+ials in Artin!e vn` at their regular rate of pay for each morning and afternoon court session 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.— On -call Court staPAWjime shall not be considered hours worked for the purpose of calculating overtime. fbF the dosi-mated ,A,r,rlr Notwithstanding Article IX(B)(1), an employee may not ea4:Rdeposit more than sixty (60) hours per calendar year of compensatory time in lieu of Pay for oOn-sCall sCourt Mme. All time in wnccc of sixty (60 h^ F will. b At any time after one year from the ratification of this Agreement, the sixty (60) hour limitation will be removed if the Chief of Police determines there is no undue burden on staffing. the 40,:�r hou-r weFk week.Employees shall not % Abe paid On -Call Court Time if Court Appearance Time is paideamea f9F the-sameevern. Cancelled Subpoenas - Employee shall rtiGeivebe paid two (2) hours of stFaigh pay at their base hourly rate of pay for subpoenas cancelled with less than twenty-four (24) hours notice. Retiree -- In accordance with department policy, if the City accepts a subpoena on behalf of a current employee who then retires or a retiree, a stipend will be provided for court appearance time. The stipend will be- based on the present Step E of the base hourly rate of pay,- of the position the retiree held before th�t,fedretirement from City service. Paid court preparation time and travel expenses shall be mutually agreed upon between the City and the retiree. No Standby Vie_ -Pay- An employee who is placed on standby status by N&-a supervisor shallFeGeivebe paid four hours straight time pay at their base hourly rate of pay for each 24 (twenty-four) hour period, or any part thereof, of standby status. -16- POA MOU Final Version 4.8.06 POA MOU 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_a-hour minimum shall be paid. 6. Telephonic Business - Off -duty employees shall be compensated a minimum of fifteen (15) minutes as hours worked -at -the rate of tome 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 tome and one half the pm.ployeGe's hourly rat-e in fifteen (15) minute increments (i.e., 16-30 minutes = 30 minutes of compensation, 31-45 minutes = 45 minutes compensation and so forth...). Telephonic business is not Gou considered-a-s Call Back Jime as outlined in Article IX.13.5. - - .-- - - - - - - - 67. "Canine Compensation - Employees assigned to K-9-canine 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. �vvuvv Lew 1"11 r— Y P,-1...a .,,.....,.,,..._.. -. ...._ ea,, Rc iGers shall_ -be paid fifteen 151 hours per month of overtime rate of pay based on the canine care salary rate. The canine care salary rate shall be two- thirds_L2L31 of the CanineGaRiRe-oOfficer's base pay rate, excluding any specialty or similar pays. In addition to the fifteen 15 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 'GOfficers 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 as defined in Article IX.A.4.. ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS -17- POA MOU Final Version 4.8.06 POA MOU A. Health The City shall continue to make available group medical, dental and vision benefits to all Association employees and qualified dependents. The effective date for medical, dental and vision coverage is the first of the month following date of hire. Effective the first of the 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, unless otherwise precluded by CaIPERS PEMCHA. All employee contributions shall be deducted on a pre-tax basis. 1. CaIPERS Public Employees' Medical and Hospital Care Act The City presently contracts with CaIPERS to provide medical coverage. The City is required under CaIPERS PEMCHA 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 CaIPERS 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. PEMCHA Employer Contributions _The City shall contribute on behalf of each employee, the following s mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program. ff--As the mandated minimum is increasedfFE)M-the-e figuFes, the City shall make the appropriate adjustments by decreasing its Gafter;a- flex benefits contribution accordingly as defined in the following sub -section. b. Maximum Employer Contributions toward Flex Benefits For the term of this agreement, the City's maximum monthly employer contribution for each employee's healthmedical and other- vision insurance premiums are set forth as follows: in -be'^�T h ��^^� mts I;Stedbelow inGlude the mandated PE 4 nnntr.. J. Effective January 1, 2007, the City Contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan arw-plus the VSP Vision Plan premiums for each of the following categories: a. Employee only CEE") b. Employee ¢ one dependent CEE" + 1) C. Employee ¢ two or more dependents C'EE" + 2). -18- POA MOU Final Version 4.8.06 POA MOU The maximum City Contribution shall be based on the employee's enrollment in each planef employee -only, $ee +-- ^-pende.nt or nleyee +tom,^ or FnGFe dependents The parties agree that the required PEMHCA contribution is included in this sum stated in the sub -section above. If the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. Effective January 1. 2008. the Citv Contribution in each category shall be enrollm,rrrenrn¢--rrawt�sl-oweyer, MG 60 6ORMOU11OR snauincrease in an amount not to exceed a4en percent (10%) of the City's Contribution for 2007. Any increase in premiums above the City's ten percent 0 0%) Contribution GCap will be the responsibility of the employee. iii. .-Effective January 1, 2009, the City Contribution in each category shall the2009 em allmeRt rates !- E)W8V the Git"'c (inn � Minn shall o,,-,-��T � ,� increase in an amount not to exceed -a ten percent (10%)of the City's Contribution in 2008. Any increase in premiums above the City's ten percent (10%) Contribution eCap will be the responsibility of the employee.\ iv. ivEffective January 1, 2010, the City's 2009 Ccontribution eCap shall be maintained. Any increase in premiums above the City's ten percent (10%) Contribution Cap will be the responsibility of the employee. v. In the event the Orange County Blue Shield HMO Plan is no longer a PEMCHA option, the City's Contribution for 2008 and 2009 shall increase by ten percent (10%) each year, provided that the City's Contribution shall not exceed the amount of an employee's actual premium. RPS TI�TMIT ral ral A 50 * M-Mmmm� -19- POA MOU Final Version 4.8.06 POA MOU . r 2. Dental andV4s+e Insurance The annual maximum benefit for the Delta Dental PPO plan is,-,-$2000 (two thousand dollars). a+. Effective January 1, 2007, the maximum City GContribution shall be equivalent to the _premium for the Delta Dental PPO plan based on the employee's enrollment of employee only CEE"), employee plus one dependent ("EE+1 ") or employee plus two or more dependents (" EE+2"). b4. Effective January 1, 2008, the City-Csontribution shall increase in an amount not to exceed foF the Delta rl--"- based on GGR#0 + ,e at nn mnre 4h� a, —five percent (5%) 4of the �sCity's Contribution for 2007. Any increase in premiums above the Citv's five percent (5%) Contribution sCap will be the responsibility of the employee. ck Effective January 1. 2009. the Citv Contribution shall increase in an amount not to exceed v6 Lip to t ferni�TtheDeltlta Denn4"I DOQ nlan b- Qse nln�iee'� onrollment nd emnln�iee oRly employee Plus one �denenrden� nr �Trrvirrr��rrvTcn�wrv-p��vnr�-cr-� w� crr��-rr-vr employee oyee 1 is MG nr FROM dependents. I-InweyeF the CiW n�nc five percent (5%) of theeac.,e—i; �eCitv's Contribution for 2008. Any increase in premiums above the Citv's five percent (5%) Contribution GCap will be the responsibility of the employee. d+v. Effective January 1, 2010, the City shall maintain the saopedContribution Cap of -2009 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 - 20 - POA MOU Final Version 4.8.06 POA MOU 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 starting year for the unequal contributions method is 2004 at $1.00 per month. The City's contribution for each annuitant shall be increased annually by f+ve—five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. 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). T-4e aaRt.—The City shall make these payments only while the City is a participant in the PEMHCA program. -21 - POA MOU Final Version 4.8.06 POA MOU ws NOe- +fib. 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. ■ _ - - - - •� - - - -22- POA MOU Final Version 4.8.06 POA MOU Wtv - � c. 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 CaIPERS 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. 4. MedicalNision OeshOpt-Out Effective January 1, 2007, 4-an employee is -covered by a medical program outside of a City -provided program (evidence of which must be supplied to the AdmiRistrative-Se^ - rl �neRtHuman Resources Division), the�-may elect to discontinue City medical coverage and direct thirty, y one Gents (- 92.344the cash value of the monthly RIB a Shield- 14{ G E- �City's Contribution Cap for employee only CEEI medical coverage as described in Article X.A.1.()) bi-weekly *^ be deposited into their Deferred Compensation account or any other pre-tax program offered or approved -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. 5. 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. —6. 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. -23- POA MOU Final Version 4.8.06 POA MOU A7 Income Protection Plan The City authorizes the HBPOA to administer its own Long Term Disability (LTD) Program providing the following conditions are adhered to: a. The City and HBPOA agree that the City shall no longer provide a City sponsored LTD Program. b. HBPOA shall contract with an authorized provider for LTD program for the employees represented by the HBPOA. c. The City shall pay to HBPOA for the cost of LTD premiums not to exceed thirty- eight dollars ($38) per month per occupied covered position represented by HBPOA. d. Non -dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. e. City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll. f. HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program. a. The City shall provide the HBPOA with a I�+�monthly report of covered employees. h. No self-funding/self-insurance of LTD benefits is permitted under this agreement. i. Upon request, the HBPOA shall provide documentation to the City as follows: j. An annual certification of the Plan on each anniversary the Plan is in effect which will include: 1. A copy of the most current audited financial statements, 2. A copy of the latest actuarial report, which should be completed by an independent "Fellow of the Society of Actuaries"; 3. A copy of the in -force LTD Program; 4. A statement certifying that premiums collected are for LTD benefits for HBPOA represented employees only. 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 provider; - 24 - POA MOU Final Version 4.8.06 POA MOU 6. A copy of the "Summary Annual Report" and, upon request, a copy of the latest filed Form 5500. 7. A listing of active HBPOA claimants with all relevant data as requested by City (i.e., date of disability, etc.) including the allocated reserves for each claimant. 8. Verification of the premium received and credited by the HBPOA. 9. A statement certifying that the submitted premiums are only being utilized to provide LTD benefits for participating members including members of the HBPOA; and 10.A written confirmation from the plan administrator confirming (i) 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. k. All fFederal and State laws regarding LTD benefit coverage shall be followed. I. 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. -25- POA MOU Final Version 4.8.06 POAIMOU •- -- - -- --Mr.- . The parties agree that in lieu of establishing a Health Savings Accounte (H-SAHSA) pursuant to the previous MOU, the City shall discuss with Association and will implement a pre-tax post -retirement medical reimbursement program within ninety (90) days of ratification. During the term of this Agreement, the Association reserves the right to meet and confer on employee funding of The City shall implement a voluntary health savings aGGE) Rt plan during the berm of the agreement for the puFpo6e ef allo4ng ernpleyee6 the opportunity to fund post medical retirement health pFerniums a pre-tax post -retirement medical reimbursement program through wage increases implemented by this Agreement. At any time after April 1 200$ the Association reserves the right to meet and confer on any potential employer funding of a pre-tax post -retirement medical reimbursement program. 9. Long Term Care a. The City authorizes the HBPOA to administer its own Long Term Care (LTC) Program providing the following conditions are adhered to: b. HBPOA shall contract with an authorized provider for LTC program for the employees represented by the HBPOA. c. The City shall pay to HBPOA for the cost of LTC premiums not to exceed twenty- five ($25) per month per occupied covered position represented by HBPOA effective June 1, 2006 d. Non -dues paying represented employees shall be covered by the LTC Program at the same premium rate as dues paving_ represented employees. e. City payment to HBPOA is to be made for each represented employee per month based on the bi-weeklypayroll. f. HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program. g. The City shall provide the HBPOA with a l !-��monthly report of covered employees. - h. No self-funding/self-insurance of LTC benefits is permitted under this agreement. - 26 - POA MOU Final Version 4.8.06 POA MOIU i. Upon request, the HBPOA shall provide any reasonable documentation to the City as similarly described in the LTDG Program. i. All federal and State laws regarding LTC benefit coverage shall be followed. k. 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 LTC Program. ARTICLE XI - RETIREMENT A.- Safety Employee Retirement Benefits _ 1.— 3% a- 50 Plan - The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. If at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable." The amount of the reimbursement set forth in Article VI.0 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. 2. 1959 Survivors' Benefit Level IV (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 Employees) As seen as pFaGtiGable, however no later than the o �ir��inr� of however rm'wcc��rrvrrr'crr�cra Trorrr�rrvr this agf-eent, the Gity shall implement the Pre RetiFement Option -al. 2 Death BeRefit. for all safety emnln�ieec -27- POA MOU Final Version 4.8.06 POA MOU 4. One -Year Final Compensation (California Government Code Section 20042) ) B. Miscellaneous Employee Retirement Benefits: 4-.1. 2 % AAge 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 CalPERS 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) �C.—_Retirement Benefits for Safety and Miscellaneous Employees =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 CITYAy 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 C4TY jy 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 Ct-TYity. All unit employees hired after July 6, 1998 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: 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 peFinanen4 employees,, whether full tonne or part time, shall be entitled to annual vacation with pay except the following: -28- POA MOU Final Version 4.8.06 a. Employees who have not completed six (6) months of continuous service with the City. b. Employees who work less than full-time who are not permanent. c. Employees on leave of absence. 3. Vacation Accrual - PeFR;anon+ 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 firsts through the fourths year of continuous service, vacation time will be accrued at the rate of one hundred twelve (1121 hours per year (4.31 biweekly). b. AfteF For the fifth year 5Lth)and through the ninth (9t") year of continuous service, vacation time will be accrued at the rate of- one hundred thirty six J1361 hours per year (5.23 biweekly). c. For the tenth 10t" -year and through the fourteenth 14t" year of continuous service, vacation time will be accrued at the rate of one hundred sixty (1601 hours per year (6.15 biweekly) —d. After For the fifteenth (15th) year and thereafter of continuous service, vacation time will be accrued at the rate of one hundred ninety two 1921 hours per year (7.38 biweekly). .-. FIMMNOW 54. 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 four hundred (400) hours. Vacations shall be taken only with permission of the Chief of Police Department Head, however, the Chief of Police Depa eRt Hoad shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. - 29 - POA MOU Final Version 4.8.06 b. Vacation accumulated in excess of the four hundred (400) hour cap shall be paid +n- Gash -at the ctroight time base hourly rate of pay on the first pay day following such accumulation. This PFOVOSOOR shall SURset (dOGGORtiRue) at the expiFation of this agFeeFneRt unless 65. Vacation Pay at Separation - Aar--eEmployees shall be paid for unused vacation upon separation of employment at which time ;U^h sod,ing ernploy hey shall reGei iebe paid compensation at her their -current regular rate of pay for all +unused, earned vacation to which. bekethey are is -entitled uVtoL-and n,,;Rg-through GepaFaUG .their last day of employment. 976. Conversion to Cash - An employee may elect to take up to eighty 801 hours of pay at eF their 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. 7. Police Sergeants General Leave - Effective April 8, 2006, Police Sergeants shall not accrue or use General Leave and aAll General Leave, up to a maximum of four hundred (400) hours shall be transferred to their Vacation bank. For one hundred and twenty (120) days following the ratification of this agreement, any Police Sergeant with a General Leave bank that exceeds four hundred (400) hours__ shall have the one-time option to "cash" out General Leave hours, at their regular rate of pay, by requesting the hours be provided in pay,, or deposited in deferred compensation or any other pre-tax program approved or provided by the City. The maximum number of hours sashed -paid shall not exceed two hundred forty (240) hours. If no election is made by the employee within one hundred and twenty (120) days the hours in excess of four hundred (400) hours w+Nshall be sa #edpaid out in the following pay period. B. Sick Leave Compensation - _1. All swem per-seRRel and_niViliaR peFsE)nRel FepiteseRte t y #ie employees shall 4ve-be entitled to use a maximum of sixty 601 calendar days paid 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. 2. Police Sergeants Sick Leave Pay Off -30- POA MOU Final Version 4.8.06 POA MOU a. Police Sergeants #iFedpromoted before jaRuaFy 1, 2001rDecember 23, 2000, shall be entitled to the following sick leave payoff plan: At separation from employment, all employees shall be paid, at their regular rate of pay, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720 hours). No Police Sergeant shall be paid at separation f or more than seven hundred twenty (720) hours of unused, accumulated sick leave. b. Emalovees promoted to the rank of Police Seraeant on or after -December 23, 2000 were credited with four hundred and eighty (480) sick leave hours. Effective April 8, 2006, Police Sergeants shall no longer use these hOUCS. These h.,� arc �+r norT i T1 Rio � irr��o� �R d shall not h elmmOR-ted unless used by the employee dUFdRq emplEW ' Gashed pwswaRt tG the ' n eSGF*bbed below, pF ��idrosy It of are k��1�ee-�rJ�+N'DIT' from.. em 7mTept.- Effective April 8, 2006, as a one time option, for one hundred and twenty (120) days after ratification of this agreement, employees may elect to "cash" in their vested Sick Leave hours at their regular rate of pay, based upon ten percent (10%) vesting per year or any fraction thereof, retroactively applied to consecutive years of prior service as a Huntington Beach Police Sergeant. Such eligible hours for payoff shall follow the same payoff plan as outlined in this MOU for employees hired after November 20, 1978 as described above in subsection (a). The hours "cashed" may be provided in pay or deposited in deferred compensation or another pre-tax program approved or provided by the City. If no election is made by the employee within one hundred and twenty (120) days, the hours shall be paid out in the following pay period. Sul - - - R R., -:MMOMC O - - - - - ::v u�y �r-�.i� ��':-:��:�r�=.�.:T•. .=.�.::tea: - - - _ ��J'e�:[� - -31 - POA MOU Final Version 4.8.06 POA MOU C. Bereavement Leave - Employees shall be entitled to bereavement leave not to exceed threes working days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, 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 = As employees do not accrue sick leave, all a€mployees will be allowed to use up to (sixty) 60 hours per calendar year Leave entffitlement deGGribed on sub sertion (B) for family SiGk leave, pursuant to the for family sick leave to care for a child, parent, or --spouse, or registered domestic partner 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). Time off for a work related injury shall not run concurrently with FMLA or CFRA leave for sworn and detention employees. 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. 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 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. Pay In Lieu of Compensatory Time - Twice each year, employees may, at their option, be paid for their compensatory time. 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. 41. 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 -32- POA MOU Final Version 4.8.06 POA MOU 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. Jf. Association Business - An allowance of 800-one thousand forty (1040) 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 two hundred (2001 hours per year of unused hours may be carried over to the subsequent year. € with ficnal year 200 inner the Gity -h�+ll innr cc 4ccnni�$inn'c time h�enl� to one r�vv�xa�vd-� -�Fii.: vn��rrCtn--rr�re vGrratien'd tim thousand forty (1040) hours_7 ARTICLE XIII - CITY PERSONNEL RULES All MOU provisions that supeFGede supersede the City's Personnel Rules shall automatically be incorporated into the City's Personnel Rules as applicable. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel Rules, the Personnel Rules as modified will apply to Association members. ARTICLE XIV - MISCELLANEOUS A. Tuition Reimbursement - Education costs shall be paid to rmyilian peFinar,on+ non -sworn, 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 B+reGter ^) AdministFative cHuman Resources Manager, punt 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_ -33- POA MOU Final Version 4.8.06 R8f s-Reimbursements shall be made when the --employees presents proof to the Ilironfnr of AiJrninicfmfive corvine- Human Resources Manager that they havehe4he,;as paid such costs and successfully completed the course(s) with either a "C" grade or better, or a "Pass" grade in a pass/fail grading_ system.. 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 twenty-five 1251- 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 -- Forty-five dollars ($451 per twenty-four (241 hour period or prorated as follows; breakfast - Ten dollars ($10.001, Lunch - Fifteen dollars ($15.001, Dinner —Twenty dollars ($20.00). —C. Mileage Allowance, - —The CITYft[ shall reimburse employees for the use of personal automobiles the by POST. 2 All ether mileage not roimbuF able by POST shall be GGrnpeRsate4at 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. Randern Bra -Controlled Substance and Alcohol Testing - The City and the As6GGiatiGn agFee to meet and Genfer during the teFrn of this agreement to establish a drug a maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. -34- POA MOU Final Version 4.8.06 POA MOU F. Take Home Vehicles/ Distance to Work --- Employees who take work vehicles home under this provision must reside within thirty-five (35) miles of the City limits.—###es*it"e from 25 rn.les to 35 miles the destaRGe allowed ften; the City iffirnits to the hGn4e--Gf-a-n employee 660ryhed +ake home a ion Those employees assigned a motorcycle who hanie reside beyond thirty-five (35) miles of the City limits at the time of ratification of this Agreement may drive their motorcycle to and from their residence to their place of work if such travel does not exceed three hundred and fifty (350) miles per week. The following unit classifications shall be allowed to take a City vehicle home under this provision: Employees assigned to the Executive Division, Administrative Division, Investigations Division and specific assignments in the Uniform Division that require a vehicle assignment as part of their duties (ie. Canine, Motorcycle, Accident Reconstruction, Special Enforcement Burea_u).___Detes+i es Motor OffiGers K 9 Ganine i nvestinaterc 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. I. Administrative ,Appeal Procedure - In compliance with the Government Code, the Administrative Appeal Procedure for all public safety officers is referenced in Exhibit D of this Memorandum of Understanding- -35- POA MOU Final Version 4.8.06 —Direct Deposit - J. All employees hired after the effective date of this agreement shall be required to enroll in and maintain participation in the City's direct deposit pay system. K. During the term of this Agreement, the City retains the right to meet and confer on any specific issue related to payroll implementation and/or compliance with the Fair Labor Standards Act (FLSA). -36- POA MOU Final Version 4.8.06 POA MOU ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the C�i� and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until adopted by resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this day of , 2A8,52006. CITY OF HUNTINGTON BEACH Penelope Culbreth-Graft, DPA City Administrator HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION Russell Reinha Kreg Muller POA President By: By: Ken Small KFeq MullefRussell ®reli^a rhie.Chief of Police Reinhart Negotiations Chairman/ POA Member POA Vino Presiden4 By: By: Irma Youssefiohgob Hall Imo -Corwin Bales Deputy City Administrator POA SeGFeta POA Human Rene FGes Manage Member By: By: Dan Villella GeFwmn Bales Norm Dave BURet ^ Evenson Finance Director PGliiGe PGA TFeaswor POA I ioeRaRt Member BYL Renee Mayne Dennis Hashin Chief NegotiatorR8R6e Mayne POA Member4)effn+s Ghnef 1-- a hin PQA Member APPROVED AS TO FORM -37- POA MOU Final Version 4.8.06 POA MOU 0 Jennifer McGrath City Attorney -38- Jeff Huss POA Member POA MOU Final Version 4.8.06 POA MOU EXHOF A �.ITi CIF HUNTINGTC�I'J EEACH F'C��LICE C)�FICEF:S' ASSOOCI�TION SALAF:Y S�_�HEDULE Effective April 8, 2006 Join Code Classification Rai_q A B C D E 0280 Communications Operator - PD 478 $23.65 $24.95 $26.32 $27.77 29.3( 0281 Communications Supervisor - PD 505 $27.06 $28.55 $30.12 $31.78 3$ 3.51 0221 Detention Officer 477 $23.53 $24.82 $26.19 $27.63 29.1' 0220 Detention Officer, Nurse 487 $24.74 $2Q.10 $27.54 $29.05 $30.6 0222 Detention Shift Supervisor 504 26.93 $28.41 $29.97 31.62 33.3 0225 Police Recruit 449 $20.46 $21.59 $22.78 24.03 $25.3: 0223 Police Officer 514 28.30 29.86 31.50 33.23 $35.0 0159 Police Serqeant 564 $36.32 38.32 $40.43 $42.65 45.0(. Effective September 23, 2006 JOBS Code Classification Range A B C D E 0280 Communications Operator - PD 478 23.65 $24.95 $26.32 $27.77 29.3 0281 Communications Supervisor - PD 505 $Z7.06 $28.55 $30.12 $31.78 $33.5J 0221 Detention Officer 477 jZ3.53 $24.82 _26.19 $27.63 $29.1 0220 Detention Officer, Nurse 487 $24.74 $26.10 $27.54 $29.05 30.A6 0222 Detention Shift Supervisor 504 $26.93 $28.41 $29.97 $31.62 33.3 . 0225 Police Recruit 449 $20.46 $21.59 $22.78 1224.03 25.3f. 0223 Police Officer 522 $29.47 $31.09 $32.80 $34.60 36.5 0,159 Police Sergeant 572 37.82 I $9.90. 42.09 $44.40 1 $46.8 -39- POA MOU Final Version 4.8.06 POA MOU Effective March 24, 2007 Job Code Classification Range A B c D E 0280 Communications Operator- PD 482 $Z4.13 $25.46 26.86 $28.34 $29.9 . 0281 Communications Supervisor - PD 509 $27,62 $29.14 130.74 $32.43 $34.21 0221 Detention Officer 481 $24.02 25.34 $26.73 $28.20 29.7 . 0220 Detention Officer, Nurse 491 $25.24 $26.63 2$ 8.09 2$ 9.63 $31,20, 0222 Detention Shift Supervisor 508 $27.49 $29.00 $30.59 $32.27 34.0 0225 Police Recruit 453 $20.88 $22.03 $23.24 $24.52 25.8,_ 0223 Police Officer 526 $30.06 $31.71 33.45 $35.29 jL7ZI, 0159 Police Sergeant 576 $38.58 140.70 42.94 45.30 47.7q Effective September 22, 2007 Job Code Classification Rpngg A B c D E 0280 Communications Operator - PD 486 $24.62 $25.97 $27.40 $28.91 30.5 . 0281 Communications Supervisor - PD 513 $28.17 $29.72 131.35 $33.07 134,8qf. 0221 Detention Officer 485 $24.50 $25.85 $27.27 $28.77 130.3, 0220 Detention Officer Nurse 495 $25.75 127.17 $28.66 $30.24 $31.9q 0222 Detention Shift Supervisor 512 28.02 $29.56 $31.19 $32.91 34.7 0225 Police Recruit 457 $21.30 $22.47 $23.71 $25.01il 0223 Police Officer 530 30.66 32.35 34.13 36.01 0159 Police Sergeant 580 39.36 41.52 43.80 46.21 -40- POA MOU Final Version 4.8.06 POA► MOU Effective March 22, 2008 Job Code Classification Range A B C D E 0280 Communications Operator - PD 491 $25.24 $26.63 $28.09 $29.63 31.2 . 0281 Communications Supervisor - PD 518 $28.87 $30.46 $32.14 $33.91 35.7 0221 Detention Officer 490 $25.10 $26.48 $27.94 $29.48 $11,1 0220 Detention Officer, Nurse 500 $26.40 $27.85 $29.38 $31.00 JaZ.7q 0222 Detention Shift Supervisor 517 28.73 $30.31 $31.98 33.74 35.6 _ 0225 Police Recruit 462 $21.82 $23.02 $24.29 $25.63 $27.04 0223 Police Officer 535 $31.44 $33.17 $34.99 $36.91 �38.9 0159 Police Sergeant 585 40.34 42.56 44.90 47.37 49.9 Effective September 20, 2008 Job Code Classification Rye A B C D E 0280 Communications Operator - PD 496 $25.89 $27.31 $28.81 $30.39 32.0 0281 Communications Supervisor - PD 523 $29.61 $31.24 $32.96 $34.77 36.6 0221 Detention Officer 495 $25.75 $27.17 $28.66 $30.24 31.9 0220 Detention Officer. Nurse 505 $27.06 $28.55 $30.12 $31.78 $33.5, 0222 Detention Shift Supervisor $29.47 $31.09 $32.80 $34.60 36.5 0225 Police Recruit 467 $22.39 $23.62 $24.92 $26.29 $27.74 0223 Police Officer 540 $32.24 $34.01 $35.88 $37.85 $39.9 0159 Police Sergeant 590 41_.36 43.63 46.03 48.56 51.2: -41 - POA MOU Final Version 4.8.06 Effective March 21, 2009 ,Doll Code Classification Raro e A B C D E 0280 Communications Operator- PD 501 $27.99 $29.53 31.15 32.8 0281 Communications Supervisor- PD 528 30.36 $32.03 $33.79 $35.65 37.6 . 0221 Detention Officer 500 $27.85 $29.38 $31.00 $32.74 0220 Detention Officer, Nurse 510 $ZZ.75 $Z9.28 30.89 $32.59 $34.3 0222 Detention Shift Supervisor 527 $30.21 $31.87 $33.62 $35.47 37.4 . 0225 Police Recruit 472 $22.96 $24.22 JZ5,55 26,96 $28.4 0223 Police Officer 545 $33.04 $34.86 $36.78 3$ 8.80 40.9 , 0159 Police Sergeant 595 42.40 $44.73 $47.19 $49.79 52.5 Effective September 19, 2009 .Dols Code Classification Range A B C D E 0280 Communications Operator - PD 506 $27.19 $28.69 $30.27 $31.94 133,74 0281 Communications Supervisor- PD 533 $31.12 $12.83 $34.64 136.55 38.5 , 0221 Detention Officer 505 $27.06 $28.55 130.12 $31.78 $33.53, 0220 Detention Officer, Nurse 515 $28.45 $30.01 131.66 $33.40 $35.2 0222 Detention Shift Supervisor 532 30.97 $32.67 $34.47 36.37 jpaa.jt 0225 Police Recruit 477 $23.53 $24.82 26.19 $27.63 29.1 1 0223 Police Officer 550 $33.88 $35.74 $37.71 $39.78 41.9 . 0159 Police Sergeant 600 $43.48 455 87 $48.39 51.06 53.8 EMU ME 111MIhT+A� CITY OF HUNTINGTON EMEACH or.�i i�F n�Fir FG mccnr imTin. coi oQY cr-N0 iii F �©' � O� • • - 'ice' - 42 - POA MOU Final Version 4.8.06 POD► MOU Job Code Classification Range A B C D E 0280 Communications O erator-PD 470 497 469 479 496 441 514 $22.73 $23.98 $25.30 $26.69 $28.16 $32.22 $28.02 $29.45 $32.06 $24.37 $35.06 0281 Communications Su ervisor-PD $26.01 $27.44 $28.95 $30.54 0221 1 Detention Officer $22.63 $23.87 $25.18 $26.56 0220 Detention Officer, Nurse $23.76 $25.07 $26.45 $27.91 0222 Detention Shift Supervisor $25.89 $27.31 $28.81 $30.39 0225 Police Recruit $19.68 $20.76 $21.90 $23.10 0223 Police Officer $28.30 $29.86 $31.50 1 $33.23 1 -43- POA MOU Final Version 4.8.06 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. -44- POA MOU Final Version 4.8.06 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 sent to the Secretary of the Association for accounting purposes. -45- POA MOU Final Version 4.8.06 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. JaggAirgiv - - - - - -- - - - - - - - r Plan Participation Requirements 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. -46- POA MOU Final Version 4.8.06 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 $1210. 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 $ 1210 11 1365 12 1510 13 1665 14 1810 15 1965 16 2110 17 2265 18 2410 19 2565 20 2710 21 2865 22 3002-99 23 3154 24 3302-9 25 3443 -47- POA MOU Final Version 4.8.06 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. ' 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. -48- POA MOU Final Version 4.8.06 POA MOU EXHIBIT D ADMINISTRATIVE APPEAL PROCEDURE 1. Authority a. Rule 4-9-20 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 4-920 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 4-920. 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 afChief of Police, and the third employee selected by mutual agreement between the first two Panel members. If no agreement can be reached, the "strike -out" process will be used to select the third Panel member, with the POA and the Chief each submitting four names for consideration. A coin toss will determine the party striking first with the POA reserving the right to call the coin or defer. -49- POA MOU Final Version 4.8.06 POA MOU c. The panel member selected by the - ^';^- r'"'-¢Chief of Police, the POA, and the panel —member selected by the - PGIiGe GhiefChief of Police 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 _ddirect 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 PGI'^8 GChief of Police; 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 - PG1iGe_ "; 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 1 GIiGe GhiefChief of Police. 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 -50- POA MOU Final Version 4.8.06 POA MOU 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, 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 - P01iGe ChiefChief 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. 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 POA and the - Aak— "'"°®fChief 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) Other Recommendations) to the PeIiGe GWefChief of Police -51- POA MOU Final Version 4.8.06 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. -52- POA MOU Final Version 4.8.06 POA MOU --.. _ ■ --.. ■ - - 10 .... --.. -012IM".71-mmmum-- MEW - -"�IWIMI M.- - - - XWEMM • -. - - - _.... ..- - - - - - - . '- ■ -53- POA MOU Final Version 4.8.06 � 1 . r 1 - me- - . -- - • JCT. irp.r.- - - - -RISTAW3NAT -54- POA MOU Final Version 4.8.06 POA MOU EXHIBIT F—E VOLUNTARY CATASTROPHIC LEAVE DONATION Guideline 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). 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 -55- POA MOU Final Version 4.8.06 POA MOU • 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 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, at 374-1567 if you have questions regarding staff participation in this program. -56- POA MOU Final Version 4.8.06 POA MOU 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; • 1 am not receiving disability benefits or Workers' Compensation payments. (Please Print) ork Phone: —� 1 Department: i Job Title: I Employee ID#: j I I I - - -------- - Requester Signature Date: I Department Director Signature of Support: I Date: (Administrative Services Department use only) �! End donation date a End donation date will bridge to .. Long Term Disability ❑ Medical Retirement beginning - - o Length of FMLA leave ending ❑ Return to work Risk Management signature Date signed I, Please return to Human Resources Division, for processing. -57- POA MOU Final Version 4.8.06 POA MOu Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please f Phone: or Job Title: rs of Vacation, Comp or General leave I Wish to Donate: 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: Eligible recipient employee's name: Signature Please submit to payroll in the Human Resources Division, Administrative Services Department -58- POA MOU Final Version 4.8.06 POA MOU Eligibility Exhibit f F Job Sharing Program 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. Police Sergeants are not eligible for the job sharing program. 2. Communications Operators eligible for this program must have three (3) years dispatch experience as a eCommunications o0perator 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. Conditions -59- POA MOU Final Version 4.8.06 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. Job sharing employees are not eligible for voluntary overtime. 5. Up to five positions would be eligible for job sharing in uniform patrol. 6. Only one position in dispatch and the jail would be eligible for job sharing. 7. Job sharing employees cannot work specialty assignments (i.e. SWAT, Beach Detail, HNT). 8. 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. -60- POA MOU Final Version 4.8.06 ATTACHMENT #3 RESOLUTION NO. 2006-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (POA) AND THE CITY OF HUNTINGTON BEACH FOR APRIL 1, 2006 THROUGH MARCH 31, 2010 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 April 1, 2006 through March 31, 2010. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 G t- day of May 1200 6 . REVIEWED AND APPROVED: ity Adm istrator Mayor APPROVED AS TO FORM: ty Attorny C INITI AND APPROVED: �gw Deputy City Administrator -City Services 06reso/POA Mou EXHIBIT A _IIIIIIIIIq_ April2006 2011; POA MOU FINAL 2006-2010 PREAMBLE..................................................................................................................................1 ARTICLE I - TERM OF MOU........................................................................................................1 ARTICLE II - REPRESENTATIONAL UNIT/CLASS....................................................................1 ARTICLE III - MANAGEMENT RIGHTS......................................................................................2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT......................................................2 ARTICLE V - SEVERABILITY......................................................................................................2 ARTICLE VI - SALARY SCHEDULE AND PERS PICKUP.........................................................2 ARTICLE VII - SPECIAL PAY......................................................................................................4 A. Police Professional Development Plan.................................................................................4 B. Flight Pay..................................................................................... ..........................................4 C. Certified Flight Instructors......................................................................................................5 D. Shift Differential.....................................................................................................................5 E. Motor Pay..............................................................................................................................5 F. Bilingual Pay ......................................................... .................................................................. G. Holidays.................................................................................................................................6 H. FTO Compensation...............................................................................................................6 I. Longevity Pay........................................................................................................................7 J. Effective Date of Special Pays...............................................................................................7 K. No Pyramiding of Special Pays.............................................................................................7 L. ............................... Nurse Pay......................................................................................... ......7 M. Reporting to PERS...............................................................................................I.................7 ARTICLE Vlll - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT........................................8 A. Uniforms................................................................................................................................8 B. Equipment/Special Uniform Needs........................................................................................8 C. Motorcycle Britches.............................................................................................. ....8 ARTICLE IX - HOURS OF WORK/OVERTIME ............................................................................8 A. Work Schedule......................................................................................................................8 B. Other Time...........................................................................................................................10 1. Compensatory Time................................................................................ .........................10 2. Work Time........................................................................................................................11 3. Subpoena Compensation................................:................................................................11' 4. Standby Pay.....................................................................................................................12 5. Call Back..........................................................................................................................12 6. Telephonic Business........................................................................................................12 7. Canine Compensation......................................................................................................12 ARTICLE X — HEALTH AND OTHER INSURANCE BENEFITS...............................................13 ARTICLEXI - RETIREMENT.....................................................................................................19 POA MOU FINAL 2006-2010 POA MOU ARTICLE XII - LEAVE BENEFITS.............................................................................................21 A. Vacation...............................................................................................................................21 1. Anniversary Date.............................................................................................................21 2. Annual Vacation...............................................................................................................21 3. Vacation Accrual..............................................................................................................21 4. Vacation...........................................................................................................................22 5. Vacation Pay at Separation..............................................................................................22 6. Conversion to Cash...................................................................................................:......22 7. Police Sergeants General Leave.....................................................................................22 B. Sick Leave Compensation ...........................................................23 C. Bereavement Leave............................................................................................................23 D. Leave Benefits Entitlement.................................................................................. ............23 E. Catastrophic Leave Donation Program................................................................................24 F. Weekend Military Drills........................................................................................................24 G. Nurse Employees Certification............................................................................................24 H. Pay In Lieu of Compensatory Time.....................................................................................24 I. Deferred Compensation/Leave Benefit Cash Out................................................................24 J. Association Business...........................................................................................................24 ARTICLE XIII - CITY RULES.....................................................................................................25 ARTICLE XIV - MISCELLANEOUS...........................................................................................25 A. Tuition Reimbursement........................................................................................................25 B. Meal Allowance...................................................................................................................25 1. Per Diem..........................................................................................................................25 2. Per Diem Schedule.............................................................................:...26 ............... C. Mileage Allowance...............................................................................................................26 D. Weapon Vesting..................................................................................................................26 E. Random Drug and Alcohol Testing......................................................................................26 F. Take Home Vehicles/ Distance to Work .................... .................26 ......................................... G. Employer -Employee Relations Resolution., ......................................................................... 26 H. Use of Departmental Communications Systems.................................................................26 I. Administrative Appeal Procedure........................................................................................26 J. Direct Deposit......................................................................................................................27 ARTICLE XV - CITY COUNCIL APPROVAL.............................................................................28 EXHIBIT A — POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE...............................29 EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME ...................33 EXHIBIT C — SERVICE CREDIT SUBSIDY PLAN....................................................................35 EXHIBIT D — ADMINISTRATIVE APPEAL PROCEDURE........................................................38 EXHIBIT E — VOLUNTARY CATASTROPHIC LEAVE DONATION..........................................42 EXHIBIT F — JOB SHARING PROGRAM..................................................................................46 POA MOU FINAL 2006-2010 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 April 1, 2006 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 April 1, 2006 and ending at midnight March 31, 2010. Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits and other terms and conditions of employment of the employees represented by the Association shall take effect during the term of this agreement and the Association expressly waives any right to request any improvements or changes in salaries or monetary benefits and other terms and conditions of employment specifically provided herein for the employees represented in the unit. Provided, however, the City and Association shall, upon request, meet and confer to address issues not specifically covered by provisions of this MOU, and/or discussed during the meet and confer process immediately preceding the adoption of the current MOU. ARTICLE II - REPRESENTATIONAL UNIT/CLASS 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. -1- POA MOU FINAL 2006-2010 f � ARTICLE III - MANAGEMENT RIGHTS The City and Chief of Police retain all rights, powers and authority to manage and direct the performance of police services and the work force, except as modified by the Memorandum of Understanding. 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 City or Chief of Police the right to make unilateral changes in wages, hours, terms and conditions of employment. The parties agree the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include; but are not limited to, consideration of the merits, necessity, level or organization of police services, 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, reasonable work and safety rules and regulations. 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. Salary Schedule - Except wage increases as described below, all new or increased benefits established by this Agreement shall be effective the first full pay period that includes April 8, 2006, unless otherwise specified. In addition, 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. Effective April 8, 2006, all non -sworn employees shall receive a 4% wage increase. -2- POA MOU FINAL 2006-2010 2. Effective the first full pay period that includes October 1, 2006, all sworn employees shall receive a 4% wage increase. 3. Effective the first full pay period that includes April 1, 2007, all employees shall receive a 2% wage increase. 4. Effective the first full pay period that includes October 1, 2007, all employees shall receive a 2% wage increase. 5. Effective the first full pay period that includes April 1, 2008, all employees shall receive a 2.5% wage increase. 6. Effective the first full pay period that includes October 1, 2008, all employees shall receive a 2.5% wage increase. 7. Effective the first full pay period that includes April 1, 2009, all employees shall receive a 2.5% wage increase. 8. Effective the first full pay period that includes October 1, 2009, all employees shall receive a 2.5% wage increase. B. Non -Sworn PERS Pickup - Each non -sworn employee covered by this agreement shall be reimbursed an amount equal to 7% of the employee's part of his or her PERS contribution. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. Sworn PERS Pickup - 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. Collection of Payroll Overpayments - 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. 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. -3- POA MOU FINAL 2006-2010 ARTICLE 1fll - SPECIAL PAY A. Police Professional Development Plan 1. The Professional Development Plan for sworn personnel shall be as follows. a. College Degree Program i. Upon earning an AA Degree or attaining "Junior status" in a degree program, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon earning a BA/BS Degree, an employee shall be paid six percent (6%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub -section (a)i above. b. Post Certificate Program i. Upon verification of having earned an Intermediate POST Certificate, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon verification of having earned an Advanced POST Certificate, an employee shall be paid six percent (6%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub -section (b)i above. 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. No incentive shall be taken away without just cause. c. Obtaining transcripts or other acceptable documentation is the employee's responsibility. An employee may verify "Junior" status by submission of written verification that the employee has completed 60 or more accredited units and has achieved Junior status with that educational institution. d. The maximum benefit that may be paid to an employee under this Section is twelve percent (12%) of the base hourly rate in addition to other compensation. 3. POST Supervisory Leadership Institute: Police Sergeants that have completed the POST Supervisory Leadership Institute shall receive $80 per month. B. Flight Pay - Employees assigned to duty as helicopter flight personnel shall be paid eight percent (8%) of their base hourly rate of pay in addition to other compensation. -4- POA MOU FINAL 2006-2010 C. Certified Flight Instructors - Employees assigned as certified flight instructors shall be paid thirteen percent (13%) of their base hourly rate of pay in addition to other compensation. This pay is in lieu of Flight Pay defined in Section B above. D. Shift Differential - Detention and Communication Employees' required to work on a regular assigned shift that occurs during swing shift or graveyard shift, as defined by departmental policy through the meet and confer process, shall be paid five percent (5%) of the employee's base hourly rate of pay in addition to other compensation for all hours worked during the swing or graveyard shift. The parties agree the department policy has been established by the meet and confer process. E. Motor Pav 1. Employees regularly assigned to motorcycle duty shall be paid as hazardous duty pay five percent (5%) of their base hourly rate of pay in addition to other compensation. 2. The parties agrees that any time spent on maintenance and/or cleaning of motorcycles shall be on -duty unless overtime has been approved in advance. 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. F. Bilingual Pay - Qualified employees who meet the criteria shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation. Human Resources 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. The languages included will be Spanish, Vietnamese and American Sign language. Additional languages may be approved at the discretion of the Chief of Police. 2. Authorization of qualified employees for bilingual compensation will be based on the following: a) A need for the employee to use the language in the City to support the implementation of police operations. -s- POA MOU FINAL 2006-2010 POA MOU b) At the discretion of the Chief of Police, the number of employees qualified in each category may be limited based on department needs. c) Successful completion of tests authorized by the Chief of Police will be required to qualify for bilingual pay for any of the languages. Retesting may be done on an annual basis. G. Holidays 1. Holiday Pay - Employees represented by the Association and actively employed by the City, in addition to other compensation, shall. be paid each biweekly payroll one twenty-sixth (1/26) of the total eighty (80) holiday hours 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 City recognized paid 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) H. FTO Compensation - Compensation shall be one -quarter (.25) hours pay at the base hourly rate, which may be deposited as compensatory time,for each hour worked as a Field Training Officer in addition to other compensation for the following assignments: 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 Employees designated as Training Officers. -6- POA MOU FINAL 2006-2010 POA MOU Longevity Pay - The City shall provide all sworn officers, excluding Sergeants, the following longevity pay in addition to other compensation as established by the Department's Sworn Personnel Seniority List: Five percent (5%) of the base hourly rate of pay at 10 years of service with City of Huntington Beach. 2. Ten percent (10%) of the base hourly rate of pay at 20 years of service with City of Huntington Beach. This pay is in lieu of the pay identified in sub -section 1 above. An employee with ten (10) or more years of service in the classification of Police Sergeant with the City of Huntington Beach shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation. Effective the first full period that includes April 1, 2007, this benefit shall be eliminated and Sergeants shall be eligible to be paid Longevity Pay as outlined in sub -section 1.1. and 1.2. above. Effective the first full period that includes April 1, 2007, all qualified sworn law enforcement experience shall be included in the calculation of longevity. Only sworn law enforcement experience as defined by California Penal Code Sections 830.1 and 830.2 or the out of state equivalent as determined by the Chief of Police shall be included. 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 Chief of Police or designee. All pays in this section are considered special pays and shall be included as part of the regular rate of pay for the purposes of calculating overtime. All pays not in this section are not considered special pays and are not included in the regular rate of pay for purposes of calculating overtime, except On -Call Court Time (Article IX(B)(3)(b)) and Cancelled Subpoenas (Article IX(B)(3)(c)) which shall be calculated into the regular rate of pay at base hourly rate, but not reported to PERS as special compensation. K. No Pyramiding of Special Pay - Each special pay is a percentage of base hourly rate of pay and shall not be counted towards the value of any other special pay. L. Nurse Pay - Employees in the classification of Detention Shift Supervisor, who possess a Nurse certification, pursuant to the Nurse classification job description, shall receive five percent (5%) of their base hourly rate, for so long as they possess the Nurse certification. M. Reporting to PERS — Subject to State law and regulations, compensation paid as a result of this Article shall be reported to PERS as special compensation. POA MOU FINAL 2006-2010 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 twelve hundred dollars ($1,200) per year; payable in January to those employees on active duty on January 1st. Effective January 1, 2008, the Uniform Allowance for all employees shall be paid with the first paycheck in December. Employees hired after January 1st shall have their uniform allowance pro -rated for each month in which they were on active duty for a least one full shift, separately from payroll checks. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police. Effective January 1, 2008, the City shall increase the Uniform Allowance for all sworn employees to thirteen hundred dollars ($1,300) per year. 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. ARTICLE IX - HOURS OF WORKIOVERTIME A. Work Schedule: 1. 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 mutually agree to changes. All employees 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, Chief of Police or designee, may require such service from any of said employees. . a. All work schedules are designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). -8- POA MOU FINAL 2006-2010 POA MOU b. Meal times are included in all work schedules. 2. 4/10 Schedule -All employees not assigned a different work schedule pursuant to this article shall work a_ 4/10 schedule consisting of four (4) consecutive ten (10) hours days followed by three (3) consecutive days off in a seven (7) day period. All employees work an eighty (80) hour work period, except for Communication Employees who work a forty (40) hour work week. 3. 7/11.5 Schedule — The "7/11.5" work schedule applies to designated employees of the Uniform Division and Jail. a. Workday — A workday for employees assigned to the 7111.5 work schedule will consist of 11 hours and 25 minutes of work. b. Eighty (80) Hour Work Period — For those sworn and detention employees working 11 hours and 25 minutes a day, the work period will consist of two consecutive weeks with three (3) consecutive shifts of 11 hours and 25 minutes in one week and four (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. Forty (40) Hour Work Week Communications Center - For Communication Employees working 11 hours and 25 minutes a day, one (1) work week shall consist of three consecutive shifts of 11 hours and 25 minutes and one (1) work week of four consecutive shifts of 11 hours and 25 minutes. The two (2) week cycle then repeats itself. 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. d. Exceptions — At the discretion of the Chief of Police, specialized assignments within the Uniform Division will work either the 4/10 or 7/11.5 as described above. Unless agreed upon by the Association, changes to these work shifts shall only be made during recruitment of new officers into the assignments. Task Force assignments outside the Police Department will be flexible based on an eighty (80) hour work period. e. Beach Schedule - If posted during recruitment, employees working the Beach detail shall be assigned a fixed schedule that incorporates a work week of four consecutive days comprised of two. (2) 8-hour days and two (2) 12-hour days. f. Schedule — Employees assigned to training or a school in excess of thirty-two (32) hours in a work week will work a five (5) day, eight (8) hour work week in lieu of their regular work schedule. -9- POA MOU FINAL 2006-2010 4. Overtime a. Employees assigned to an eighty (80) hour work period shall be paid at the rate of one and one-half(1 1/) times their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or 80-hour work period. b. Employees assigned to a forty (40) hour work week shall be paid at the rate of one and one-half (1 1/) times their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or forty (40) hour work week. However, Communication Operators on the 7/11.5 work schedule must work a minimum of forty (40) hours in the work week before earning overtime. Any hours worked in excess of the regularly scheduled shift that do not exceed forty (40) hours in a work week shall be paid at their regular rate of pay. B. Other Time: 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. The parties agree that an employee may elect to receive compensatory time in lieu of pay to a maximum of one hundred sixty (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. b. Demands for employee's services meet or exceed the department's full staffing capabilities such as the Fourth of July Holiday, Memorial Day Holiday, Labor Day Holiday or events similar in so far as staffing needs are concerned. c. In addition to the above, other events,which may be designated as unduly disruptive, may be agreed upon by the City and the Association. d. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not call, engage in, request or condone the use of compensatory time off for any strike, walkout, work stoppage, job action, slowdown, sick-out, blue flu, withholding of services or other interference with City operations, or honor any job action by any other employee of the City, employee organizations, or employees of any other employers by withholding or refusing to perform services. In the event that the Association, its officers, agents, representatives, and/or members engage in -10- POA MOU FINAL 2006-2010 POA MOU 9 3 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. 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 superseded. Provisions not so superseded shall not be affected by the agreement. 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. Subpoena Compensation a. Court Appearance Time - Employees required to appear in court during other than their scheduled working hours shall be paid 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. 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. On -Call Court Time - Employees required to be on -call for a court appearance during other than their scheduled working hours shall be paid a minimum of three (3) hours pay at their regular rate of pay for each morning and afternoon court session 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. On -Call Court Time shall not be considered hours worked for the purpose of calculating overtime. Notwithstanding Article IX(B)(1), an employee may not deposit more than sixty (60) hours per calendar year of compensatory time in lieu of pay for On -Call -11- POA MOU FINAL 2006-2010 1':06LINJ E911 Court Time. At any time after one year from the ratification of this Agreement, the sixty (60) hour limitation will be removed if the Chief of Police determines there is no undue burden on staffing. Employees shall not be paid On -Call Court Time if Court Appearance Time is paid. c. Cancelled Subpoenas - Employee shall be paid two (2) hours of pay at their base hourly rate of,pay for subpoenas cancelled with less than twenty-four (24) hours notice. d. Retiree - In accordance with department policy, if the City accepts a subpoena on behalf of a current employee who then retires or a retiree, a stipend will be provided for court appearance time. The stipend will be based on the present Step E of the base hourly rate of pay of the position the retiree .held before retirement from City service. Paid court preparation time and travel expenses shall be mutually agreed upon between the City and the retiree. 4. Standby Pay - An employee who is placed on standby status by a supervisor shall be paid four (4) hours pay at their base hourly rate of pay for each 24 (twenty-four) hour period, or any part thereof, of standby status. 5. Call Back Employees who are 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. Should the called back employee be cancelled prior to arrival, the two (2) hour minimum shall be paid. 6. Telephonic Business - Off -duty employees shall be compensated a minimum of fifteen (15) minutes as hours worked when telephoned to conduct departmental business. Telephonic departmental business beyond fifteen (15) minutes shall be compensated in fifteen (15) minute increments (i.e., 16-30 minutes = 30 minutes of compensation, 31-45 minutes = 45 minutes compensation and so forth). Telephonic business is not considered Call Back Time as outlined in Article IX.B.5. 7. Canine Compensation - Employees assigned to canine 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. Employees assigned to canine duty shall be paid fifteen (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 (2/3) of the Canine Officer's base pay rate, excluding any specialty or similar pays. In addition to the fifteen (15) 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 -12- POA MOU FINAL 2006-2010 POA MOU obtain supervisor approval for such care and shall submit payroll exemption slips. Any such additional canine compensation shall be paid at their overtime rate as defined in Article IX.A.4. 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 and qualified dependents. The effective date for medical, dental and vision coverage is the first of the month following date of hire. Effective the first of the 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, unless otherwise precluded by CalPERS PEMCHA. All employee contributions shall be deducted on a pre-tax basis. 1. CalPERS Public Employees' Medical and Hospital Care Act The City presently contracts with CaIPERS to provide medical coverage. The City is required under CalPERS PEMCHA 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. a. PEMCHA Employer Contributions The City shall contribute on behalf of each employee, the mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. b. Maximum Employer Contributions toward Flex Benefits For the term of this agreement, the City's maximum monthly employer contribution for each employee's medical and vision insurance premiums are set forth as follows: i. Effective January 1, 2007, the City Contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan plus the VSP Vision Plan premiums for each of the following categories: a Employee only ("EE") -13- POA MOU FINAL 2006-2010 b. Employee + one dependent ("EF + 1) C. Employee + two or more dependents ("EF + 2). The maximum City Contribution shall be based on the employee's enrollment in each plan. The parties agree that the required PEMHCA contribution is included in this sum stated in the sub -section above. If the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. Effective January 1, 2008, the City Contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's Contribution for 2007. Any increase in premiums above the City's ten percent (10%) Contribution Cap will be the responsibility of the employee. iii. Effective January 1, 2009, the City Contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's Contribution in 2008. Any increase in premiums above the City's ten percent (10%) Contribution Cap will be the responsibility of the employee. iv. Effective January 1, 2010, the City's 2009 Contribution Cap shall be maintained. Any increase in premiums above the City's ten percent (10%) Contribution Cap will be the responsibility of the employee. v. In the event the Orange County Blue Shield HMO Plan is no longer a PEMCHA option, the City's Contribution for 2008 and 2009 shall increase by ten percent (10%) each year, provided that the City's Contribution shall not exceed the amount of an employee's actual premium. -14- POA MOU FINAL 2006-2010 2. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000 (two thousand dollars). a. Effective January 1, 2007, the maximum City Contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1") or employee plus two or more dependents ("EE+2"). b. Effective January 1, 2008, the City Contribution shall increase in an amount not to exceed five percent (5%) of the City's Contribution for 2007. Any increase in premiums above the City's five percent (5%) Contribution Cap will be the responsibility of the employee. c. Effective January 1, 2009, the City Contribution shall increase in an amount not to exceed five percent (5%) of the City's Contribution for 2008. Any increase in premiums above the City's five percent (5%) Contribution Cap will be the responsibility of the employee. d. Effective January 1, 2010, the City shall maintain the Contribution Cap of 2009. 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 starting year for the unequal contributions method is 2004 at $1.00 per month. The City's contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1 St by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. -15- POA MOU FINAL 2006-2010 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. c. 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. 4. MedicalNision Oat -Out Effective January 1, 2007, an employee covered by a medical program outside of a City -provided program (evidence of which must be supplied to 'the Human Resources Division), may elect to discontinue City medical coverage and direct the cash value of the City's Contribution Cap for employee only ("EP) medical coverage as described in Article X.A.1.(b) be deposited into their Deferred Compensation account or any other pre-tax program offered or approved 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. 5. 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. -16- POA MOU FINAL 2006-2010 „;• ' y,,• 6. 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. 7. Income Protection Plan The City authorizes the HBPOA to administer its own Long Term Disability (LTD) Program providing the following conditions are adhered to: a. The City and HBPOA agree that the City shall no longer provide a City sponsored LTD Program. b. HBPOA shall contract with an authorized provider for LTD program for the employees represented by the HBPOA. c. The City shall pay to HBPOA for the cost of LTD premiums not to exceed thirty- eight dollars ($38) per month per occupied covered position represented by HBPOA. d. Non -dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. e. City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly. payroll. f. HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program. g. The City shall provide the HBPOA with a monthly report of covered employees. h. No self-funding/self-insurance of LTD benefits is permitted under this agreement. i. Upon request, the HBPOA shall provide documentation to the City as follows: J. An annual certification of the Plan on each anniversary the Plan is in effect which will include: 1. A copy of the most current audited financial statements; 2. A copy of the latest actuarial report, which should be completed by an independent "Fellow of the Society of Actuaries'; 3. A copy of the in -force LTD Program; -17- POA MOU FINAL 2006-2010 4. A statement certifying that premiums collected are for LTD benefits for HBPOA represented employees only. 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 provider; 6. A copy of the "Summary Annual Report" and, upon request, a copy of the latest filed Form 5500. 7. A listing of active HBPOA. claimants with all relevant data as requested by City (i.e., date of disability, etc.) including the allocated reserves for each claimant. 8. Verification of the premium received and credited by the HBPOA. 9. A statement certifying that the submitted premiums are only being utilized to provide LTD benefits for participating members including members of the HBPOA; and 10. A written confirmation from the plan administrator confirming (i) 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. k. All Federal and State laws regarding LTD benefit coverage shall be followed. 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 anykind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance program. 8. Post Retirement Medical Reimbursement Program The parties agree that in lieu of establishing a Health Savings Account (HSA) pursuant to the previous MOU, the City shall discuss with Association and will implement a pre-tax post -retirement medical reimbursement program within ninety (90) days of ratification. During the term of this Agreement, the Association reserves the right to meet and confer on employee funding of a pre-tax post - retirement medical reimbursement program through wage increases implemented by this Agreement. At any time after April 1, 2008, the Association reserves the right to meet and confer on any potential employer funding of a pre-tax post - retirement medical reimbursement program. -18- POA MOU FINAL 2006-2010 POA MOU 9. Long Term Care a. The City authorizes the HBPOA to administer its own Long Term Care (LTC) Program providing the following conditions are adhered to: b. HBPOA shall contract with an authorized provider for LTC program for the employees represented by the HBPOA. c. The City shall pay to HBPOA for the cost of LTC premiums not to exceed twenty- five ($25) per month per occupied covered position represented by HBPOA effective June 1, 2006. d. Non -dues paying represented employees shall be covered by the LTC Program at the same premium rate as dues paying represented employees. e. City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll. f. HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program. g. The City shall provide the HBPOA with a monthly report of covered employees. h. No self-funding/self-insurance of LTC benefits is permitted under this agreement. i. Upon request, the HBPOA shall provide any reasonable documentation to the City as similarly described in the LTD Program. j. All federal and State laws regarding LTC benefit coverage shall be followed. k. 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 LTC Program. ARTICLE XI — RETIREMENT A. Safety Employee Retirement Benefits: 1. 3% Ca) 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. -19- POA MOU FINAL 2006-2010 If at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable." The amount of the reimbursement set forth in Article VI.0 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required. to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. 2. 1959 Survivors' Benefit Level IV (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 Employees) - 4. One -Year Final Compensation (California Government Code Section 20042) ) B. Miscellaneous Employee Retirement Benefits: 1. 2 % (&- Age 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) -20- POA MOU FINAL 2006-2010 POA MOU C. Retirement Benefits for Safety and Miscellaneous Employees - 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 July 6, 1998 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: 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 employees shall be entitled to annual vacation with pay except the following: a. Employees who have not completed six (6) months of continuous service with the City. b. Employees who work less than full-time who are not permanent. c. Employees on leave of absence. 3. Vacation Accrual - 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 (1s) through the fourth (4th) year of continuous service, vacation time will be accrued at the rate of one hundred twelve (112) hours per year (4.31 biweekly). b. For the fifth year (5th): and through the ninth (9th) year of continuous service, vacation time will be accrued at the rate of one hundred thirty six (136) hours per year (5.23 biweekly). -21 - POA MOU FINAL 2006-2010 c. For the tenth (10th) year and through the fourteenth (10) year of continuous service, vacation time will be accrued at the rate of one hundred sixty (160) hours per year (6.15 biweekly) d. For the fifteenth (15th) year and thereafter of continuous service, vacation time will be accrued at the rate of one hundred ninety two (192) hours per year (7.38 biweekly). 4. 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 four hundred (400) hours. Vacations shall be taken only with permission of the Chief of Police ; however, the Chief of Police 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 at the base hourly rate of pay on the first pay day following such accumulation. 5. Vacation Pay at Separation - Employees shall be paid for unused vacation upon separation of employment at which time they shall be paid compensation at their current regular rate of pay for all unused, earned vacation to which they are entitled to, through their last day of employment. 6. Conversion to Cash - An employee may elect to take up to eighty (80) hours of pay at their 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. 7. Police Sergeants General Leave - Effective April 8, 2006, Police Sergeants shall not accrue or use General Leave and all General Leave, up to a maximum of four hundred (400) hours, shall be transferred to their Vacation bank. For one hundred and twenty (120) days following the ratification of this agreement, any Police Sergeant with a General Leave bank that exceeds four hundred (400) hours shall have the one-time option to "cash" out General Leave hours, at their regular rate of pay, by requesting the hours be provided in pay or deposited in deferred compensation or any other pre-tax program approved or provided by the City. The maximum number of hours paid shall not -exceed two hundred forty (240) hours. If no election is made by the employee within one hundred and twenty (120) days, the hours in excess of four hundred (400) hours shall be paid out in the following pay period. -22- POA MOU FINAL 2006-2010 B. Sick Leave Compensation All employees shall be entitled to use a maximum of sixty (60)' calendar day's paid 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. 2. Police Sergeants Sick Leave Pay Off a. Police Sergeants promoted before December 23, 2000, shall be entitled to the following sick leave payoff plan: At separation from employment, all employees shall be paid, at their regular rate of pay, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720 hours). No Police Sergeant shall be paid at separation for more than seven hundred twenty (720) hours of unused, accumulated sick leave. b. Employees promoted to the rank of Police Sergeant on or after December 23 2000 were credited with four hundred and eighty (480) sick leave hours. Effective April 8, 2006, Police Sergeants shall no longer use these hours. Effective April 8, 2006, as a one time option, for one hundred and twenty (120) days after ratification of this agreement, employees may elect to "cash" in their vested Sick Leave hours at their regular rate of pay, based upon ten percent (10%) vesting per year or any fraction thereof, retroactively applied to consecutive years of prior service as a Huntington Beach Police Sergeant. Such eligible hours for payoff shall follow the same payoff plan as outlined in this MOU for employees hired after November 20, 1978 as described above in subsection (a). The hours "cashed" may be provided in pay or deposited in deferred compensation or another pre-tax program approved or provided by the City. If no election is made by the employee within one hundred and twenty (120) days, the hours shall be paid out in the following pay period. C. Bereavement Leave - Employees shall be entitled to bereavement leave not to exceed three (3) working days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, 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 — As employees do not accrue sick leave, all employees will be allowed to use up to (sixty) 60 hours per calendar year for family sick leave to care for a child, parent, spouse, or registered domestic partner during illness. -23- POA MOU FINAL 2006-2010 POA MOU 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). Time off for a work related injury shall not run concurrently with FMLA or CFRA leave for sworn and detention employees. 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. 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 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. Pay In Lieu of Compensatory Time - Twice each year, employees may, at their option, be paid for their compensatory time. 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. 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. J. Association Business - An allowance of one thousand forty (1040) 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 two hundred (200) hours per year of unused hours may be carried: over to the subsequent year. -24- POA MOU FINAL 2006-2010 POA MOU ARTICLE XIII - CITY PERSONNEL RULES All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated into the City's Personnel Rules as applicable. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel Rules, the Personnel Rules as modified will apply to Association members. ARTICLE XIV — MISCELLANEOUS A. Tuition Reimbursement - Education costs shall be paid to non -sworn 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 Human Resources Manager, 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. Reimbursements shall be made when employees present proof to the Human Resources Manager that they have paid such costs and successfully completed the course(s) with either a "C" grade or better, or a "Pass" grade in a pass/fail grading system. B. Meal Allowance: 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 twenty-five (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. -25- POA MOU FINAL 2006-2010 1 ' 1l � ' 2. Per Diem Schedule - Forty-five dollars ($45) per twenty-four (24) hour period or prorated as follows; breakfast — Ten dollars ($10.00), Lunch — Fifteen dollars ($15.00), Dinner — Twenty dollars ($20.00). C. Mileage Allowance - The City shall reimburse employees for the use of personal automobiles 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. Controlled Substance and Alcohol Testing - The City maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. F. Take Home Vehicles/ Distance to Work - Employees who take work vehicles home under this provision must reside within thirty-five (35) miles of the City limits. Those employees assigned a motorcycle who reside beyond thirty-five (35) miles of the City limits at the time of ratification of this Agreement may drive their motorcycle to and from their residence to their place of work if such travel does not exceed three hundred and fifty (350) miles per week. The following unit classifications shall be allowed to take a City vehicle home under this provision: Employees assigned to the Executive Division, Administrative Division, Investigation Division and specific assignments in the Uniform Division that require a vehicle assignment as part of their duties (ie. Canine, Motorcycle, Accident Reconstruction, Special Enforcement Bureau). 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. Administrative Appeal Procedure - In compliance with the Government Code, the Administrative Appeal Procedure for all public safety officers is referenced in Exhibit D of this Memorandum of Understanding. -26- POA MOU FINAL 2006-2010 J. Direct Deposit - All employees hired after the effective date of this agreement shall be required to enroll in and maintain participation in the City's direct deposit pay system. K. During the term of this Agreement, the City retains the right to meet and confer on any specific issue related to payroll implementation and/or compliance with the Fair Labor Standards Act (FLSA). -27- POA MOU FINAL 2006-2010 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 1 st- day of Mai, , 2006. CITY OF HUNTINGTON BEACH By: /.:�Pen�lope�—Culbreth-Graft,,,,166A' City Administrator HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION By. reg Muller POA President By: itv� AA By: Ken Small Chief of Police By: 14W By: Bob all Deputy City Administrator By: . 41W soe4k /j Dan Villella jf Finance Director i By: Renee Mayne Chief Negotiator By: C f r JennifbrMaG6th City Attorney -28- POA MOU Final Version 4.8.06 e0z �-41d%%Z7' Russell Reinhart Negotiations Chairman/ POA Member (2-o tt- �- ' 6-49412� Corwin Bales POA Member Norm Evenson POA Member Dennis Hashin POA Member t� EXHIBIT A CITY OF HUNTINGTON BEACH POLICE OFFICERS' A►SSOCIA►TION SALARY SCHEDULE Effective April 8, 2006 Job Code Classification Range A B C D E 0280 Communications Operator - PD 478 $23.65 $24.95 $26.32 $27.77 $29.30 0281 Communications Supervisor - PD 505 $27.06 $28.55 $30.12 $31.78 $33.53 0221 Detention Officer 477 $23.53 $24.82 $26.19 $27.63 $29.15 0220 Detention Officer, Nurse 487 $24.74 $26.10 $27.54 $29.05 $30.65 0222 Detention Shift Supervisor 504 $26.93 $28.41 $29.97 $31.62 $33.36 0225 Police Recruit 449 $20.46 $21.59 $22.78 $24.03 $25.35 0223 Police Officer 514 $28.30 $29.86 $31.50 $33.23 $35.06 0159 Police Sergeant 564 $36.32 $38.32 $40.43 $42.65 $45.00 Effective September 23, 2006 Job Code Classification Range A B C D E 0280 Communications Operator - PD 478 $23.65 $24.95 $26.32 $27.77 $29.30 0281 Communications Supervisor - PD 505 $27.06 $28.55 $30.12 $31.78 $33.53 0221 Detention Officer 477 $23.53 $24.82 $26.19 $27.63 $29.15 0220 Detention Officer, Nurse 487 $24.74 $26.10 $27.54 $29.05 $30.65 0222_ Detention Shift Supervisor 504 $26.93 $28.41 $29.97 $31.62 $33.36 0225 Police Recruit 449 $20.46 $21.59 $22.78 $24.03 $25.35 0223 Police Officer 522 $29.47 $31.09 $32.80 $34.60 $36.50 0159 j Police Sergeant 572 $37.82 $39.90 $42.09 $44.40 $46.84 -29- POA MOU FINAL 2006-2010 Effective March 24, 2007 Job Code Classification Range A B C ® E 0280 Communications Operator - PD 482 $24.13 $25.46 $26.86 $28.34 $29.90 0281 Communications Supervisor - PD 509 $27.62 $29.14 $30.74 $32.43 $34.21 0221 Detention Officer 481 $24.02 $25.34 $26.73 $28.20 $29.75 0220 Detention Officer, Nurse 491 $25.24 $26.63 $28.09 $29.63 $31.26 0222 Detention Shift Supervisor 508 $27.49 $29.00 $30.59 $32.27 $34.04 0225 Police Recruit 453 $20.88 $22.03 $23.24 $24.52 $25.87 0223 Police Officer 526 $30.06 $31.71 $33.45 $35.29 $37.23 0159 Police Sergeant 576 $38.58 $40.70 $42.94 $45.30 $47.79 Effective September 22, 2007 Job Code Classification Range A B C D E 0280 Communications Operator - PD 486 $24.62 $25.97 $27.40 $28.91 $30.50 0281 Communications Supervisor - PD 513 $28.17 $29.72 $31.35 $33.07 $34.89 0221 Detention Officer 485 $24.50 $25.85 $27.27 $28.77 $30.35 0220 Detention Officer, Nurse 495 $25.75 $27.17 $28.66 $30.24 $31.90 0222 Detention Shift Supervisor 512 $28.02 $29.56 $31.19 $32.91 $34.72 0225 Police Recruit 457 $21.30 $22.47 $23.71 $25.01 $26.39 0223 Police Officer 530 $30.66 $32.35 $34.13 $36.01 $37.99 0159 Police Sergeant 580 $39.36 $41.52 $43.80 $46.21 $48.75 -30- POA MOU FINAL 2006-2010 POA MOU Effective March 22, 2008 Job Code Classification Range A B C D E 0280 Communications Operator - PD 491 $25.24 $26.63 $28.09 $29.63 $31.26 0281 Communications Supervisor - PD 518 $28.87 $30.46 $32.14 $33.91 $35.78 0221 Detention Officer 490 $25.10 $26.48 $27.94 $29.48 $31.10 0220 Detention Officer, Nurse 500 $26.40 $27.85 $29.38 $31.00 $32.70 0222 Detention Shift Supervisor 517 $28.73 $30.31 $31.98 $33.74 $35.60 0225 Police Recruit 462 $21.82 $23.02 $24.29 $25.63 $27.04 0223 Police Officer 535 1$31.44 $33.17 $34.99 $36.91 $38.94 0159 Police Sergeant 585 1 $40.34 $42.56 $44.90 $47.37 $49.98 Effective September 20, 2008 Job Code Classification Range A B C D E 0280 Communications Operator - PD 496 $25.89 $27.31 $28.81 $30.39 $32.06 0281 Communications Supervisor - PD 523 $29.61 $31.24 $32.96 $34.77 $36.68 0221 Detention Officer 495 $25.75 $27.17 $28.66 $30.24 $31.90 0220 Detention Officer, Nurse 505 $27.06 $28.55 $30.12 $31.78 $33.53 0222 Detention Shift Supervisor 522 1 $29.47 $31.09 $32.80 $34.60 $36.50 0225 Police Recruit 467 $22.39 $23.62 $24.92 $26.29 $27.74 0223 Police Officer 540 $32.24 $34.01 $35.88 $37.85 $39.93 0159 Police Sergeant 590 $41.36 $43.63 $46.03 $48.56 $51.23 -31 - POA MOU FINAL 2006-2010 POA MOU Effective March 21, 2009 Job Code Classification Range A B C D E 0280 Communications Operator - PO 501 $26.53 $27.99 $29.53 . $31.15 $32.86 0281 Communications Supervisor - PD 528 $30.36 $32.03 $33.79 $35.65 $37.61 0221 Detention Officer 500 $26.40 $27.85 $29.38 $31.00 $32.70 0220 Detention Officer, Nurse 510 $27.75 $29.28 $30.89 $32.59 $34.38 0222 Detention Shift Supervisor 527 $30.21 $31.87 $33.62 $35.47 $37.42 0225 Police Recruit 472 $22.96 $24.22 $25.55 $26.96 $28.44 0223 1 Police Officer 545 $33.04 1 $34.86 $36.78 $38.80 $40.93 0159 1 Police Sergeant 595 $42.40 1 $44.73 $47.19 $49.79 $52.53 Effective September 19, 2009 Job Code Classification n e A B C D E 0280 Communications Operator - PD 06 $27.19 $28.69 $30.27 $31.94 $33.70 0281 Communications Supervisor - PD 1533 $31.12 $32.83 $34.64 $36.55 $38.56 0221 Detention Officer05 $27.06 $28.55 $30.12 $31.78 $33.53 0220 Detention Officer, Nurse 515 $28.45 $30.01 $31.66 $33.40 $35.24 0222 Detention Shift Supervisor 532 $30.97 $32.67 $34.47 $36.37 $38.37 0225 Police Recruit 477 $23.53 $24.82 $26.19 $27.63 $29.15 0223 Police Officer 550 $33.88 $35.74 $37.7 1 $39.78 $41.97 0159 Police Sergeant 600 $43.48 $45.87 $48.39 1 $51:06 $53.86 -32- POA MOU FINAL 2006-2010 10S 1iael 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. -33- POA MOU FINAL 2006-2010 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 sent to the Secretary of the Association for accounting purposes. -34- POA MOU FINAL 2006-2010 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. 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 (CalPERS). 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 -35- POA MOU FINAL 2006-2010 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 $121. 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 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 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 -36- POA MOU FINAL 2006-2010 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: 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. -37- POA MOU FINAL 2006-2010 . �u EXHIBIT D ADMINISTRATIVE APPEAL PROCEDURE 1. Authoritv a. Rule 20 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 20 applies to all 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 20. 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 Chief of Police, and the third employee selected by mutual agreement between the first two Panel members. If no agreement can be reached, the "strike -out" process will be used to select the third Panel member, with the, POA and the Chief each submitting four names for consideration. A coin toss will determine the party striking first with the POA reserving the right to call the coin or defer. -38- POA MOU FINAL 2006-2010 POA MOU c. The panel member selected by the — Chief of Police, the POA, and the panelmember selected by the - Chief of Police and the POA shall each select one alternate to the panel to serve in place of a panel member 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 Chief of Police; otherwise, the "Action" shall stand as issued with no further rights to appeal. b. I 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 Chief of Police. 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. -39- POA MOU FINAL 2006-2010 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 - 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. 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 POA and the — Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties. e. The decision shall include the following: ➢ Sustained ("Action" stands) ➢ Not Sustained ("Action" does not stand) ➢ Other Recommendation(s) to the Chief of Police 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 -40- POA IOU FINAL 2006-2010 POA MOU "Action" in the employee's official personnel file, along with the tape recording of the hearing. -41 - POA MOU FINAL 2006-2010 POA MOU EXHIBIT E VOLUNTARY CATASTROPHIC LEAVE DONATION Guidelines 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 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. -42- POA MOU FINAL 2006-2010 POA MOU 4. Eli ibili 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 Themaximum 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 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 employee participation in this program. -43- POA MOU FINAL 2006-2010 Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic 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 I am not receiving. disability benefits or Workers' Compensation payments. Name: (Please Print or Type: Last, First, MI) rork Phone: - Department: ob Title: Employee ID#: ----------- Requester Signature: Date: r Department Director Signature of Support: -1 ate: ........... 11 mIn ns M 'WUffl- 21,P, MINi r. -44- POA MOU FINAL 2006-2010 POA MOU Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name (Please Print or Type Last, First, MI) ork Phone: (Donor Job Title: Type of Accrued Leave: Number of Hours I wish to Donate: ❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave Hours of General Leave 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 Donation Program for: Eligible recipient employee's name (Last, First, MI): Donor Signature: fate: Please submit to Payroll in the Human Resources Division. -45- POA MOU FINAL 2006-2010 Exhibit F Job Sharing Program Definition Job Sharing: Two employees share one job, subject to the following conditions: Eli ibili 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. Police Sergeants are not eligible for the job sharing program. 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: Conditions 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. 1. Absent an emergency, employees seeking a return to full time assignment are required to give 90-day notice of intent. -46- POA MOU FINAL 2006-2010 POA MOU 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. Job sharing employees are not eligible for voluntary overtime. 5. Up to five positions would be eligible for job sharing in uniform patrol. 6. Only one position in dispatch and the jail would be eligible for job sharing. 7. Job sharing employees cannot work specialty assignments (i.e. SWAT, Beach Detail, HNT). 8. 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. - 47 - POA MOU FINAL 2006-2010 Res. No. i2006-19 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the Ist clay of May, 2006 by the following vote: AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None Ci Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California INITIATING DEPARTMENT: ADMINISTRATION SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION COUNCIL MEETING DATE: I May 1, 2006 Ordinance (w/exhibits & legislative draft if applicable) Attached L� Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached ❑ Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ RCA Author: Irma Youssefieh RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLE NT1NG THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNT__IN�� TON BEACH FA('F� OFFICERS' ASSOCIATION (POA) AND THE CITY OF HUNTII, GTON BEACH FOR APRIL 1, 2006 THROUGH MARCH 31, 200 The City Council of the City of Huntington Beach does resr `lve as follows: The Memorandum of Understanding between the C � 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 hereofr,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 April 1, 2006 through March 31, 2010. , PASSED AND ADOPTED by the City Co regular meeting thereof held on the day of REVIEWED AND APPROVED: ;City Ad `inistrator of the City of Huntington Beach at a 200 Mayor APPROVED AS TO FORM: JC Attorney qa 1 <, i _I D AN A PROVED: Deputy City Administrator -City Services 06reso!POA Mou POA MOU ARTICLE VII - SPECIAL PAY y; A. Police Professional Development Plan 1. The Professional Development Plan for sworn personnel shall be as'follows: a. College Degree Program i. Upon earning an AA Degree or attaining "Junior status" in a degree program, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon earning a BA/BS Degree, an employee shall be paid six percent (6%) of base hourly rate of pay in ;addition to other compensation. This pay is in lieu of pay received under sub -section (a)i above. b. Post Certificate Program y` i. Upon verification of having earned an Intermediate POST Certificate, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon verification of having earned an Advanced POST Certificate, an employee shall be paid:six percent (6%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub -section (b)'i above. <y 2. Stipulations: r a. College major', shall be Police Science, Criminology, Political Science, Sociology, Law;' Business Administration, Public Administration, Psychology or closely similarfieldyas approved by the Chief of Police. b. Initial eligibility,must be approved by the Chief of Police. No incentive shall be taken, away without just cause. c. Obtaining transcripts or other acceptable documentation is the employee's responsibility. An employee may verify "Junior" status by submission of written verification that the employee has completed 60 or more accredited units and has achieved Junior status with that educational institution. d. The maximum benefit that may be paid to an employee under this Section is twelve percent (12%) of the base hourly rate in addition to other compensation. B. Flight Pay - Employees assigned to duty as helicopter flight personnel shall be paid eight percent,(8%) of their base hourly rate of pay in addition to other compensation. -4- POA MOU FINAL 2006-2010 N D. Shift Differential - Detention and Communication Emplo, regular assigned shift that occurs during swing shift or g departmental policy through the meet and confer process, of the employee's base hourly rate of pay in addition to otr worked during the swing or graveyard shift. The parties` ag Certified Flight Instructors - Employees assigned as certified flight paid thirteen percent (13%) of their base hourly rate of pay i compensation. This pay is in lieu of Flight Pay defined in Section B?, r required #o work on a yard shift;' as defined by be paidlive percent (5%) )mpersation for all hours he department policy has instructors shall be �oy addition". to other hive_ been established by the meet and confer process. a fF, E. Motor Pays 1. Employees regularly assigned to motorcycle dutyshalf be paid as hazardous duty pay five percent (5%) of their base hourly rate'of pay in,,addition to other compensation. 2. The parties agrees that any time,/ spent on maintenance and/or cleaning of motorcycles shall be on -duty unless""overtime has been approved in advance. The Department shall supply necessary.�materials needed to perform the following duties: a. Keeping the assigned motorcycle/cle�aned 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, F. Bilingual Pay - Qualified" 'employees who meet the criteria shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation. Human Resources will have written and oralY,tests designed and administered to test for qualifications. The qualifications will & ipithe more routine foreign language requirements in filling out crime reports, intervie i g' suspects and witnesses, and responding to the public on matters relating to an in.er�t or other police action. 1. The lan,gueges`Ubl.6ded will be Spanish, Vietnamese and American Sign language` Add,itionaiManuages may be approved at the discretion of the Chief of Policed / a� j. 2. Authorization of �qeal i fied emp Q bes for bilingual compensation will be based on the following: ') A need for the employee to use the language in the City to support the ' implementation of police operations. -5- POA MOU FINAL 2006-2010