HomeMy WebLinkAboutCity Council - 2014-21 RESOLUTION NO. 2014-21
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 FOR OCTOBER 1,2013 THROUGH SEPTEMBER 30,2015
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 Manager is authorized to execute this Agreement. Such
Memorandum of Understanding shall be effective for the term of October 1,2013 through September 30,
2015.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 7th day of July, 2014.
Mayor
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Memorandum of Understanding
Between
Huntington Beach
Police Officers' Association
s1
and
City of Huntington Beach
October 1 , 2013 — September 30, 2015
MEMORANDUM OF UNDERSTANDING
POLICE OFFICERS' ASSOCIATION
TABLE OF CONTENTS
PREAMBLE .................................................................................................................................1
ARTICLEI - TERM OF MOU .......................................................................................................1
ARTICLE II - REPRESENTATIONAL UNIT/CLASS ...................................................................1
ARTICLE III - MANAGEMENT RIGHTS ......................................................................................2
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT......................................................2
ARTICLEV - SEVERABILITY.....................................................................................................2
ARTICLE VI - SALARY SCHEDULE...........................................................................................2
ARTICLE VII - SPECIAL PAY .....................................................................................................3
A. Police Professional Development Plan.................................................................................3
B. Flight Pay ..............................................................................................................................4
C. Certified Flight Instructors .....................................................................................................4
D. Shift Differential.....................................................................................................................5
E. Motor Pay..............................................................................................................................5
F. Bilingual Pa 5 `
G. Holidays ................................................................................................................................6
H. FTO Compensation...............................................................................................................6
I. Longevity Pay........................................................................................................................7
J. Effective Date of Special Pays ..............................................................................................7
K. No Pyramiding of Special Pays.............................................................................................8
L. Nurse Pay ............................................................................................................................. 8
ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT .......................................8
A. Uniforms......................................:......................................................................................... 8
B. Special Assignment Uniform Needs...................................................................................... 8
C. Motorcycle Britches...............................................................................................................8
ARTICLE IX - HOURS OF WORK/OVERTIME ...........................................................................9
A. Work Schedule......................................................................................................................9
B. Other Time .......................................................................................................................... 10
1. Compensatory Time ........................................................................................................ 10
2. Work Time ....................................................................................................................... 12
3. Subpoena Compensation ................................................................................................ 12
4. Standby Pay .................................................................................................................... 13
5. Call Back ......................................................................................................................... 13
6. Telephonic Business........................................................................................................ 13
7. Canine Compensation ..................................................................................................... 13
8. Shift Trading ..................................................................................................................... 14
ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS................................................ 14
A. Retiree Medical Trust.......................................................................................................... 14
B. Health.................................................................................................................................. 15
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MEMORANDUM OF UNDERSTANDING
POLICE OFFICERS' ASSOCIATION
TABLE OF CONTENTS
ARTICLE XI - RETIREMENT.....................................................................................................21
A. Classic Safety Employee Retirement Benefits....................................................................21
B. Classic Miscellaneous Employee Retirement Benefits........................................................21
C. Retirement Benefits for Safety and Miscellaneous Employees ...........................................22
D. CalPERS "New Member" Retirement Benefits....................................................................23
E. "New Members" Safety Retirement Benefits .......................................................................23
F. "New Members" Miscellaneous Retirement Benefits...........................................................23
ARTICLE XII - LEAVE BENEFITS.............................................................................................24
A. Vacation ..............................................................................................................................24
1. Anniversary Date.............................................................................................................24
2. Annual Vacation...............................................................................................................24
3. Vacation Accrual..............................................................................................................24
4. Vacation...........................................................................................................................25
5. Vacation Pay at Separation .............................................................................................25
6. Vacation Conversion to Cash...........................................................................................25
7. Deferred Compensation/Vacation Cash Out....................................................................25
B. Sick Leave Compensation...................................................................................................25
C. Bereavement Leave............................................................................................................26
D. Leave Benefits Entitlement..................................................................................................26
E. Catastrophic Leave Donation Program ...............................................................................26
F. Nurse Employees Certification ............................................................................................26
G. Cash Out of Compensatory Time........................................................................................26
H. Association Business ..........................................................................................................27
ARTICLE XIII - CITY RULES.....................................................................................................27
A. Tuition Reimbursement.......................................................................................................27
B. Meal Allowance...................................................................................................................27
1. Per Diem..........................................................................................................................27
2. Per Diem Schedule..........................................................................................................28
C. Mileage Allowance ..............................................................................................................28
D. Weapon Vesting..................................................................................................................28
E. Controlled Substance and Alcohol Testing..........................................................................28
F. Take Home Vehicles/ Distance to Work..............................................................................28
G. Administrative Appeal Procedure........................................................................................29
H. Direct Deposit......................................................................................................................29
I. Meet and Confer .................................................................................................................29
J. Physical Fitness Program....................................................................................................29
ARTICLE XV - CITY COUNCIL APPROVAL.............................................................................30
EXHIBIT A - SALARY SCHEDULE ...........................................................................................31
EXHIBIT B - GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME...................33
EXHIBIT C — RETIREE MEDICAL SUBSIDY............................................................................35
EXHIBIT D - ADMINISTRATIVE APPEAL PROCEDURE.........................................................38
EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION ..........................................41
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MEMORANDUM OF UNDERSTANDING
POLICE OFFICERS' ASSOCIATION
TABLE OF CONTENTS
EXHIBIT F - JOB SHARING PROGRAM ..................................................................................45
iii
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
(Hereinafter called ASSOCIATION or POA)
PREAMBLE
WHEREAS the designated representatives of the City of Huntington Beach and the
Huntington Beach Police Officers' Association have met and conferred in good faith with
respect to salaries, benefits and other, terms and conditions of employment for the
employees represented by the Association;
NOW, THEREFORE, this Memorandum of Understanding is made to become effective
October 1, 2013 and it is agreed as follows:
ARTICLE I - TERM OF MOU
This Memorandum of Understanding (MOU) shall be in effect for a term commencing on
October 1, 2013 and ending at 11:59 p.m. on September 30, 2015. 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.
POA MOU October 1, 2013—September 30, 2015 1
POLICE OFFICERS' ASSOCIATION
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
A. Salary Schedule 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.
B. Adjustments to Salary - Effective the first day of the payroll period following City
Council approval of this MOU, sworn unit members shall receive a four and three
quarters percent (4.75%) increase to their hourly salary rates by classification title
and salary range as set out in Exhibit A. Non-sworn unit members shall receive a
three and three quarters percent (3.75%) increase to their hourly salary rates by
classification title and salary range as set out in Exhibit A.
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POLICE OFFICERS' ASSOCIATION
C. Effective the beginning of the pay period that includes October 1, 2014, all unit
members shall receive a two percent (2.0%) increase to their hourly salary rates by
classification title and salary range as set out in Exhibit A.
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 overpayment was made and if and when the employee could have
reasonably known about such overpayment, the City will take action to collect from
the employee the amount of overpayment(s). Such collection shall be processed by
payroll deduction over a reasonable period of time considering the total amount of
overpayment.
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
overpayments 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 Manager or designee and as adopted by the City Council. Unauthorized
compensation payments shall not constitute a past practice.
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).
iv. The parties agree, to the extent permitted by law, the compensation in this
section is special compensation and shall be reported as such pursuant to
Title 2 CCR, Section 571(a)(2) Educational Incentive Pay.
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POLICE OFFICERS' ASSOCIATION
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.
iii. The parties agree, to the extent permitted by law, the compensation in this
section is special compensation and shall be reported as such pursuant to
Title 2 CCR, Section 571(a)(2) Peace Officer Standard Training (POST)
Certificate Pay.
2. Stipulations:
a. Initial eligibility must be approved by the Chief of Police. No incentive shall
be taken away without just cause.
b. 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.
c. 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. The parties agree, to the extent permitted
by law, the compensation in this section is special compensation and shall be
reported as such pursuant to Title 2 CCR, Section 571(a)(2) Peace Officer
Standard Training (POST) Certificate Pay.
B. Flight Pay - Employees assigned to the Air Support Unit to fly in the helicopter as
their primary duty assignment (i.e., assigned at least 50% of their scheduled hours
in a pay period) shall be paid eight percent (8%) of their base hourly rate of pay in
addition to other compensation. The parties agree, to the extent permitted by law,
the compensation in this section is special compensation and shall be reported as
such pursuant to Title 2 CCR, Section 571(a)(4) Flight Time Premium.
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. The
parties agree, to the extent permitted by law, the compensation in this section is
POA MOU October 1, 2013—September 30, 2015 4
POLICE OFFICERS' ASSOCIATION
special compensation and shall be reported as such pursuant to Title 2 CCR,
Section 571(a)(4) Flight Time Premium.
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. The
parties agree, to the extent permitted by law, the compensation in this section is
special compensation and shall be reported as such pursuant to Title 2 CCR,
Section 571(a)(4) Shift Differential.
E. Motor Pay
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 agree 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.
The parties agree, to the extent permitted by law, the compensation in this section is
special compensation and shall be reported as such pursuant to Title 2 CCR,
Section 571(a)(4) Motorcycle Patrol Premium.
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.
1. The languages included will be Spanish, Vietnamese and American Sign
language. Additional languages may be approved at the discretion of the Chief of
Police.
POA MOU October 1, 2013—September 30, 2015 5
POLICE OFFICERS' ASSOCIATION
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.
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.
3. The parties agree, to the extent permitted by law, the compensation in this
section is special compensation and shall be reported as such pursuant to Title 2
CCR, Section 571(a)(4) Bilingual Premium.
G. Holidays
1. Holiday In-Lieu 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 one hundred (100) holiday
hours earned for the year.
2. Holidays Worked - Employees who are required to work on a recognized City
holiday shall receive Holiday Pay in addition to the Holiday In-Lieu Pay set forth
above 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.
The parties agree, to the extent permitted by law, the compensation in this
section is special compensation and shall be reported as such pursuant to Title 2
CCR, Section 571(a)(5) Holiday Pay.
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
POA MOU October 1, 2013—September 30, 2015 6
POLICE OFFICERS' ASSOCIATION
worked as a Field Training 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 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.
The parties agree, to the extent permitted by law, the compensation in this section is
special compensation and shall be reported as such pursuant to Title 2 CCR,
Section 571(a)(4) Training Premium.
I. Longevity Pay - The City shall provide all sworn employees represented by the
Association, 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 hourly rate of pay at 10 years of qualified sworn
law enforcement experience.
2. Ten percent (10%) of the base hourly rate of pay at 20 years of qualified sworn
law enforcement experience. This pay is in lieu of the pay identified in sub-
section 1 above.
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 as qualified sworn law enforcement experience in the
calculation of longevity.
The parties agree, to the extent permitted by law, the compensation in this section is
special compensation and shall be reported as such pursuant to Title 2 CCR,
Section 571(a)(1) Longevity Pay.
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.
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POLICE OFFICERS' ASSOCIATION
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 Nursing Degree or certification.
The parties agree, to the extent permitted by law, the compensation in this section
(Nurse Pay) is special compensation and shall be reported as such pursuant to Title
2 CCR, Section 571(a)(2) Educational Incentive Pay.
ARTICLE VIII - 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 thirteen hundred dollars ($1,300) for sworn employees and twelve hundred
dollars ($1,200) for non-sworn employees) per year. 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.
2. PERS Reporting of Uniform Allowance - 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). Notwithstanding
the previous sentence, for "new members" as defined by the Public
Employees' Pension Reform Act of 2013, the uniform allowance will not be
reported as compensation earnable to CaIPERS.
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.
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POLICE OFFICERS' ASSOCIATION
ARTICLE IX - HOURS OF WORK/OVERTIME
A. Work Schedule:
1. The work schedules agreed to by the City and the Association 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 Manager, 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).
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 7/11.5 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. These employees are subject to a 14 day FLSA work
period in accordance with Section 7(k) of the FLSA.
c. Forty (40) Hour Work Week Communications Center - Non-Sworn employees
who are assigned to the Communications Center currently work a 4/10 work
schedule. Upon mutual agreement of the Police Chief and the Association,
the work schedule for the Communications Center may be changed to a
work schedule of 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.
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POLICE OFFICERS' ASSOCIATION
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.
4. Overtime
a. Employees assigned to an eighty (80) hour work period shall be paid at the
rate of one and one-half (1 1/2) times their regular rate of pay for all time
worked in excess of their regularly scheduled shift and/or 80-hour work
period. Their 80 hour work period is authorized and in accordance with
Section 7(k) of the FLSA.
b. Employees assigned to a forty (40) hour work week shall be paid 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 Section 207(o) allows the employer and employee
representative to establish a compensatory time off bank in lieu of a cash
overtime payment as required by the FLSA. The parties agree an employee may
elect to bank compensatory time up to a maximum one hundred sixty (160) hours.
The employee's right to use compensatory time off may be restricted if a request
to use is not made by providing reasonable notice or the requested use is
"unduly" disruptive. The parties agree reasonable notice is seventy two (72)
hours. If compensatory time off is requested with 72 hours or more notice, its use
cannot be denied unless to do so would be unduly disruptive. A request to use
compensatory time off made with less than the 72 hours' notice can still be
granted at the discretion of the manager to whom the request is made.
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In addition to the preceding, the Chief of Police shall identify days or events on
which compensatory time can be denied. These days or events will be designated
as "unduly disruptive days". There shall be a maximum of seven (7) unduly
disruptive days per calendar year. The Chief of Police shall identify these "unduly
disruptive days" as early as possible and no later than 45 days prior to the
designated date or event. Employees who already had been granted time off with
pay for the "unduly disruptive days" selected by the Chief of Police prior to the
time the selection had been made shall be allowed to continue to take that time
off with pay. The Modified Maximum Deployment Calendar currently being used
will be eliminated and shall be replaced by the designated "unduly disruptive
days."
During the term of this MOU the Association and the Police Chief will participate
in discussions to try and develop a CTO Usage Policy. However there will be no
implementation of such policy without the mutual written agreement of the
Association and Police Chief.
The parties agree if by September 30, 2015 they have been unable to agree upon
a successor MOU, the compensatory time off provisions will continue unless
either party informs the other that it no longer agrees to allow the continued
accrual of compensatory time off in lieu of overtime compensation. If that occurs,
thirty (30) days after providing such notice to the other side, all overtime worked
will be paid unless and until the parties agree upon a subsequent compensatory
time off provision in the MOU.
The 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. 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.
c. 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.
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2. Work Time - For the purpose of computing the 80 hour work period, the following
shall be included in determining the eligibility for overtime pay.
a. Sick leave.
b. Vacation time taken during the workweek.
c. Compensatory time off taken during the workweek.
d. Any other paid leave time taken during the workweek.
3. Subpoena Compensation
a. Court Appearance Time - Employees required to appear in court during other
than their scheduled working hours shall 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. 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.
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.
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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 negotiating this MOU, the City
requested that the Association conduct an actual inquiry of the hours which
employees assigned to Canine duties perform each month to ensure compliance
with the FLSA and in particular the case of Leever v. City of Carson City (9th Cir.
2004). The Association advised the City that the inquiry revealed that the hours
to which the parties have agreed — (fifteen hours per month) accurately
describes the time such employees are performing such duties each month.
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 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.
The parties agree, to the extent permitted by law, the compensation in this
section is special compensation and shall be reported as such pursuant to Title 2
CCR, Section 571(a)(4) Canine Officer/Animal Premium.
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8. Shift Trading
The parties agree the provisions below are compliant with the Fair Labor
Standards Act. Unit members have the right to trade shifts with their colleagues
within the same classification subject to the following conditions:
a. Both employees agree to the shift trade voluntarily.
b. The employees trading the shifts shall complete an appropriate shift trade
form signed by both employees and presented to a supervisor for approval
prior to the first affected shift. Supervisors will not unreasonably deny a
trade.
c. The employee whose shift is worked gets credit for the shift. Thus, the
employee whose shift was worked will record the time as time worked on his
or her time sheet.
Payback of the traded shift will be the responsibility of the two employees who
trade shifts and will not be monitored by the City. However, the parties agree
shift trades will be accomplished by the employees who trade within six (6)
months of the first shift traded. If an employee leaves the City having not paid
back a shift, it shall be the responsibility of the two employees to work out any
pay back.
ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS
A. Retiree Medical Trust
The City authorizes the HBPOA to participant in an employee welfare medical
benefit trust fund program, called the PORAC Retiree Medical Trust, with the
following conditions:
1. The City and HBPOA agree that the City shall not provide any contribution to the
program.
2. The City shall withhold $100.00 per month for each represented employee to
participate in the program. The withholding could change and if it does, it shall
be in an amount as designated in writing by the HBPOA. Deductions shall be
taken on the first two checks of each month.
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).
3. HBPOA shall pay all associated expenses incurred to participate in this program.
4. Upon request, the HBPOA shall provide documentation to the City as follows:
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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,
amendments or written confirmation that there have been no changes
to the 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.
B. 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 CalPERS 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.
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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
The City's maximum monthly employer contribution for each employee's
medical and vision insurance premiums are set forth as follows:
i. Employee only ("EE") — The cost of the premium up to a maximum of
$471.18. Effective August 1, 2014, this amount is increased to $634.00
ii. Employee + one dependent ("EU + 1) — The cost of the premium up to a
maximum of $942.36. Effective August 1, 2014, the amount is increased
to $1,186.00
iii. Employee + two or more dependents ("EE" + 2) — The cost of the premium
up to a maximum of $1,225.07. Effective August 1, 2014, the amount is
increased to $1,507.00
iv. The City shall also pay up to $22.76 per month for each employee for the
VSP Vision Plan.
The parties agree 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.
2. Dental Insurance
The annual maximum benefit for the Delta Dental PPO plan is $2000 (two
thousand dollars).
Effective October 1, 2013, the maximum monthly City Contribution for dental
insurance shall be as follows: 1) employee only ("EE") - $57.86; 2) employee
plus one dependent ("EE+1") - $108.02 or 3) employee plus two or more
dependents ("EE+2") - $142.36.
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
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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 was 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 1st 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.
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 Opt-Out
Employees covered by a medical program outside of a City-provided program
(evidence of which must be supplied to the Human Resources Department, may
elect to discontinue City medical coverage and either direct the cash value of the
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City's Contribution Cap for employee only ("EF) 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, or the employee may
elect to receive this amount as a cash medical-opt out benefit.
An employee may also elect to discontinue vision coverage. The employer-paid
portion of the premium paid for vision coverage will be applied toward the
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. Additional life insurance may be purchased
consistent with the plan limitations, 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.
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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 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;
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.
j. All Federal and State laws regarding LTD 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,
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interest, taxes, or liability of any kind whatsoever, which may result from the
HBPOA sponsored and administered LTD insurance program.
8. 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.
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.
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ARTICLE XI — RETIREMENT
A. Classic Safety Employee Retirement Benefits:
1. 3% (a)- Age 50 Plan - The City shall provide the 3% @ Age 50 retirement formula
set forth in California Government Code Section 21362.2 for all safety employees
defined as "classic members" per the Public Employees' Pension Reform Act of
2013 (PEPRA) represented by the Association.
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)
5. Classic Safety CaIPERS Member Contribution -
a) Effective October 1, 2013 through the beginning of the pay period following
City Council approval of this MOU, all "classic members" shall pay as part
of the required member retirement contribution an amount equal to four and
one quarter percent (4.25%) of pensionable income to the Public
Employees' Retirement System (PERS). The remaining portion of the
required member retirement contribution (four and three quarters' percent
(4.75%) of pensionable income) shall be paid by the City.
b) Effective at the beginning of the pay period following City Council approval
of this MOU, all "classic members" shall pay to PERS as pa o —the
required member retirement contribution the remaining four and three
quarters percent (4.75%) of pensionable income for a total of nine percent
(9%) of pensionable income.
c) The City has adopted the CaIPERS Resolution in accordance with IRS
Code section 414(h)(2) to ensure that both the employee contribution and
the City pickup of the required member contribution are made on a pre-tax
basis. However, ultimately, the tax status of any benefit is determined by
the law.
B. Classic 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.
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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)
5. Classic Miscellaneous CalPERS Member Contribution -
a) Effective October 1, 2013 through the beginning of the pay period following
City Council approval of this MOU, all "classic members" shall pay as part
of the required member retirement contribution an amount equal to four and
one quarter percent (4.25%) of pensionable income to PERS. The
remaining portion of the required member retirement contribution (three and
three quarters' percent (3.75%) of pensionable income) shall be paid by the
City.
b) Effective at the beginning of the pay period following City Council approval
of this MOU, all "classic members" shall pay to PERS as part of the
required member retirement contribution the remaining three and three
quarters percent (3.75%) of pensionable income for a total of eight percent
(8%) of pensionable income.
c) The City has adopted the CalPERS Resolution in accordance with IRS
Code section 414(h)(2) to ensure that both the employee contribution and
the City pickup of the required member contribution are made on a pre-tax
basis. However, ultimately, the tax status of any benefit is determined by
the law.
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).
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D. CalPERS "New Member" Retirement Benefits:
For "New Members" within the meaning of the California Public Employees' Pension
Reform Act (PEPRA) of 2013 as defined in California Government Code Section
7522.04(f).
The PEPRA went into effect on January 1, 2013. The parties agree if there is any
other clean up or other retirement legislation which goes into effect during this MOU
and if there are provisions of that legislation which, by law, automatically goes into
effect, either party may request to negotiate over the legislation, including over the
impact.-, provided that no changes to this MOU can be implemented without the
mutual agreement of both parties.
Effective October 1, 2013, employees (both sworn and miscellaneous) shall pay one
half of the normal cost rate, as established by CalPERS, as required by California
Government Code Section 7522.30(c).
E. "New Members" Safety Retirement Benefits
1. CalPERS "New Member" Safety Retirement Formula: 2.7% (d), Age 57 Plan - The
City shall provide the 2.7% @ Age 57 retirement formula set forth in California
Government Code Section 7522.25(d) for all safety employees defined as "new
members" per the Public Employees' Pension Reform Act of 2013 (PEPRA)
represented by the Association.
2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574) —
these members of the City's safety 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) these members of the City's safety retirement plan shall be
covered by the Pre-Retirement Optional Settlement 2 Death Benefit.
4. Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of his or her retirement, or some other 36 consecutive month period
designated by the member, as required by California Government Code Section
7522.32(a).
F. "New Members" Miscellaneous Retirement Benefits
1. CalPERS "New Member" Miscellaneous Retirement Formula: 2% (a-)_ Age 62
Plan -The City shall provide the 2% @ Age 62 retirement formula set forth in
California Government Code Section 7522.20(a) for all non-safety employees
defined as "new members" per the Public Employees' Pension Reform Act of
2013 (PEPRA) represented by the Association.
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2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574) —
these 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) these members of the City's miscellaneous retirement plan
shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit.
4. Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of his or her retirement, or some other 36 consecutive month period
designated by the member, as required by California Government Code Section
7522.32(a).
ARTICLE XII - LEAVE BENEFITS
A. Vacation:
1. Anniversary Date - For the purpose of computing vacation, an employee's
anniversary date shall be the most recent date on which he/she commenced
full-time City employment.
2. Annual Vacation - The purpose of annual vacation is to provide a rest period,
which will enable each employee to return to work physically and mentally
refreshed. All 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 (1st) 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).
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c. For the tenth (10th) year and through the fourteenth (14th) 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 For Employees Exempt From the Retirement
Medical Trust — These 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 through their last day of employment.
6. Vacation 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. Deferred Compensation/Vacation Cash Out - The value of any unused earned
vacation may be transferred to deferred compensation at the regular rate of pay
in connection with separation from employment, but only during the time 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. Any unused earned vacation remaining upon separation will be
transferred to the qualified medical retirement trust program on a pre-tax basis
B. Sick Leave Compensation
1. 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
POA MOU October 1, 2013—September 30, 2015 25
POLICE OFFICERS' ASSOCIATION
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.
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.
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. Nurse Employees Certification - The City shall allow licensed nurse employees time
off with pay to attend required courses necessary to maintain certification
requirements.
G. Cash Out of Compensatory Time Off - Twice each year, employees may, at their
option, be paid for their compensatory time off. 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.
POA MOU October 1, 2013 —September 30, 2015 26
POLICE OFFICERS' ASSOCIATION
H. 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.
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:
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 (25)
POA MOU October 1, 2013—September 30, 2015 27
POLICE OFFICERS' ASSOCIATION
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.
, r
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. Employees
are responsible for paying the gun transfer fee when the weapon is transferred to
them.
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 (i.e., 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.
POA MOU October 1, 2013—September 30, 2015 28
POLICE OFFICERS' ASSOCIATION
G. 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.
H. Direct Deposit - All employees hired after April 1, 2006 shall be required to enroll in
and maintain participation in the City's direct deposit pay system.
I. 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).
J. The Physical Fitness program which is set forth in at Section 208.9 of the City of
Huntington Beach Police Department Policy Manual is modified as follows:
1. Effective immediately upon approval of this MOU, the Physical Fitness
program will be eliminated. Any PT time already earned can still be used, but
can be denied if it will require the Department to backfill the. employee
requesting to use the time.
2. The Association and the Chief of Police will meet and confer to try to develop
and institute a "Wellness Program." However, no program will be
implemented without the mutual agreement of the parties.
POA MOU October 1, 2013—September 30, 2015 29
POLICE OFFICERS' ASSOCIATION
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 affect 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 July 2014.
HUNTINGTON BEACH
CITY O HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
B Y: :
/ BY I C��--
F d Wilson Richard Chen
y Manager POA President
By: �a/ 4jBy: -4,
Robert Handy Dennis Hashin
Chief of Police POA Member
By: By:
Peter J. B n Corwin Bales
Chief goti r POA tuber
By: By:
ache arren S awn White
Human Resources Director OA Member
By:
JoAnn Diaz a'e'l Jteem
ss
Principal Human Resou s Analyst Pber
By: By:
David Bunetta Art Preece
Police Captain POA Member
�ARPROVED AS. TO FORM COUNTERPART
Jennifhr McGrath
City Attorney
POA MOU October 1, 2013—September 30, 2015 30
POLICE OFFICERS' ASSOCIATION
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 affect 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 May, 2014.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION
By: By:
Fred A. Wilson Richard Chen
City Manager POA President
By: By:
Robert Handy Dennis Hashin
Chief of Police POA Member
By: (Ail-llbtl�"--- By:
Peter J. Brown Corwin Bales
Chief Negotiator POA Member .
By: By:
Michele Warren Shawn White
Human Resources Director POA Member
By: By:
JoAnn Diaz Jeff Huss
Principal Human Resources Analyst POA Member
By: By:
David Bunetta Art Preece
Police Captain POA Member
APPROVED AS TO FORM COUNTERPART
By:
Jennifer McGrath
City Attorney
POA MOU October 1, 2013—September 30, 2015 31
POLICE OFFICERS' ASSOCIATION
EXHIBIT A- SALARY SCHEDULE
Non-Sworn
3.75% Increase Effective Beginning of the Pay Period Following City Council Approval of the MOU
Job No Job Description Pay Grade A B C D E
280 Communications Operator- PD POA280 28.21 29.77 31.41 33.14 34.96
281 Communications Supervisor- PD POA281 32.29 34.06 35.94 37.92 40.01
221 Detention Officer POA221 28.07 1 29.62 31.25 32.97 1 34.79
220 Detention Officer, Nurse POA220 29.52 31.14 32.85 34.65 36.56
222 Detention Shift Supervisor POA222 32.13 33.90 35.76 37.73 39.81
225 Police Recruit POA225 24.41 1 25.75 27.17 28.67 1 30.24
Sworn
4.75% Increase Effective Beginning of the Pay Period Following City Council Approval of the MOU
Job No Job Description Pay Grade A B C D E
223 Police Officer POA223 35.49 37.44 39.50 41.67 43.96
159 Police Sergeant POA159 45.55 48.05 50.69 53.49 56.42
POA MOU October 1, 2013-September 30, 2015 31
POLICE OFFICERS' ASSOCIATION
EXHIBIT A- SALARY SCHEDULE
Non-Sworn
2.0% Increase Effective September 27, 2014
Job No Job Description Pay Grade A B C D E
280 Communications Operator- PD POA280 28.77 30.36 32.03 33.80 35.66
281 Communications Supervisor- PD POA281 32.93 34.74 36.66 38.68 40.81
221 Detention Officer POA221 28.64 30.21 31.87 33.63 1 35.49
220 Detention Officer, Nurse POA220 30.11 1 31.76 33.50 35.35 37.29
222 Detention Shift Supervisor POA222 32.77 34.57 36.48 38.49 40.61
225 Police Recruit POA225 24.90 26.27 1 27.72 29.24 30.85
Sworn
2.0% Increase Effective September 27, 2014
Job No Job Description Pay Grade A B C D E
223 Police Officer POA223 36.20 38.19 40.29 42.50 44.84
159 Police Sergeant POA159 46.46 49.01 51.70 54.56 57.55
POA MOU October 1, 2013-September 30, 2015 32
POLICE OFFICERS' ASSOCIATION
EXHIBIT B — ASSOCIATION BANK TIME
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.
POA MOU October 1, 2013—September 30, 2015 33
POLICE OFFICERS' ASSOCIATION
EXHIBIT B — ASSOCIATION BANK TIME
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.
POA MOU October 1, 2013—September 30, 2015 34
POLICE OFFICERS' ASSOCIATION
EXHIBIT C — SERVICE CREDIT SUBSIDY
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 as provided below if the
employee incurs expenses for medical premiums or purchases medical insurance to
reimburse the retiree for the payment of qualified medical expenses incurred for the
purchase of medical insurance.
If two retired employees are married or registered domestic partners and both were
covered by this MOU at the time of retirement, each would receive a reimbursement
equal to the amount of his or her monthly Service Credit Subsidy even if only one
purchased the medical plan and the other was named as a dependent, irrespective of
who was the purchaser of the medical plan. If a retired member has a spouse or
registered domestic partner who has retired from another bargaining unit, that spouse
or registered domestic partner is not precluded from receiving the subsidy if at the time
of his/her retirement the MOU governing that individual authorized the subsidy. The City
shall continue to treat this Subsidy as a non-taxable reimbursement unless otherwise
required by the Internal Revenue Service.
Plan Participation Requirements
1. At the time of retirement the employee has a minimum of ten (10) years of
continuous regular (permanent) City service or is granted an industrial disability
retirement; and
2. At the time of retirement, the employee is employed by the City; and
3. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System (CaIPERS).
The City's obligation to pay the Service Credit Subsidy as indicated shall be
modified downward or cease during the lifetime of the retiree upon the occurrence of
any one of the following:
a. On the first of the month in which a retiree or dependent reaches age 65 or on
the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether or
not such application is made) the City's obligation to pay Service Credit
Subsidy may be adjusted downward or eliminated.
b. In the event of the death of an eligible employee, whether retired or not, the
amount of the Service Credit Subsidy benefit which the deceased employee
was eligible for at the time of his/her death shall be paid to the surviving
spouse or dependent for a period not to exceed twelve (12) months from the
date of death.
POA MOU October 1, 2013—September 30, 2015 35
POLICE OFFICERS' ASSOCIATION
EXHIBIT C — SERVICE CREDIT SUBSIDY
4. Minimum Eligibility for Benefits — With the exception of an industrial disability
retirement, eligibility for Service Credit Subsidy begins after an employee has
completed ten (10) years of continuous regular (permanent) service with the City of
Huntington Beach. Said service must be continuous unless prior service is
reinstated at the time of his/her rehire in accordance with the City's Personnel Rules.
To receive the Service Credit Subsidy retirees are required to purchase medical
insurance from City sponsored plans. The City shall have the right to require any
retiree (annuitant) to annually certify that the retiree is purchasing medical insurance
benefits.
5. 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
POA MOU October 1, 2013—September 30, 2015 36
POLICE OFFICERS' ASSOCIATION
EXHIBIT C — SERVICE CREDIT SUBSIDY
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.
POA MOU October 1, 2013—September 30, 2015 37
POLICE OFFICERS' ASSOCIATION
EXHIBIT D — ADMINISTRATIVE APPEAL PROCEDURE
ADMINISTRATIVE APPEAL PROCEDURE
1. Authority
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.
c. The panel member selected by the Chief of Police, the POA, and the panel
member selected by the Chief of Police and the POA shall each select one
alternate to the panel to serve in place of a panel member 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.
POA MOU October 1, 2013—September 30, 2015 38
POLICE OFFICERS' ASSOCIATION
EXHIBIT D — ADMINISTRATIVE APPEAL PROCEDURE
b. If an officer chooses not to appeal an "Action," they may submit a written rebuttal
within thirty (30) days from date of receiving the "Action." The written rebuttal will
be filed with the "Action" in the officer's official personnel file.
4. Scheduling of Hearing
Upon receipt of the written appeal notice, the Chief of Police is required to
immediately request the Administrative Arbitration Panel to convene for a hearing.
The Administrative Arbitration Panel is required to convene within thirty (30) days of
receiving notice from the 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.
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.
POA MOU October 1, 2013—September 30, 2015 39
POLICE OFFICERS' ASSOCIATION
EXHIBIT D — ADMINISTRATIVE APPEAL PROCEDURE
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
"Action" in the employee's official personnel file, along with the tape recording
of the hearing.
POA MOU October 1, 2013 —September 30, 2015 40
POLICE OFFICERS' ASSOCIATION
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.
4. Eligibility
Permanent employees who accrue vacation or general leave may donate such
hours to eligible recipients. Compensatory time accrued may also be donated.
An eligible recipient is an employee who:
• Accrues vacation or general leave;
• Is not receiving disability benefits or Workers' Compensation payments;
and
• Requests donated leave.
5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the
amount necessary to ensure continuation of the employee's regular salary during
the employee's period of approved catastrophic leave. Donations will be
POA MOU October 1, 2013—September 30, 2015 41
POLICE OFFICERS' ASSOCIATION
EXHIBIT E —VOLUNTARY CATASTROPHIC LEAVE DONATION
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.
POA MOU October 1, 2013—September 30, 2015 42
POLICE OFFICERS' ASSOCIATION
EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION
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)
Work Phone: Department:
Job Title: Employee ID#:
Requester Signature: Date:
Department Director Signature of Support: Date:
Human Resources Division Use Only
i
End donation date will bridge to: End donation date:
i
❑ Long Term Disability j
❑ Medical Retirement beginning
❑ Length of FMLA leave ending
❑ Return to work
i
Human Resources Manager Signature: ; Date signed:
POA MOU October 1, 2013—September 30, 2015 43
POLICE OFFICERS' ASSOCIATION
EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name: (Please Print or Type: Last, First, MI)
Work Phone:
Donor Job Title:
Type of Accrued Leave: Number of Hours I wish to Donate:
1-1 VacationHours 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: Date:
Please submit to Payroll in the Human Resources Division.
POA MOU October 1, 2013-September 30, 2015 44
POLICE OFFICERS' ASSOCIATION
EXHIBIT F — JOB SHARING PROGRAM
A. Definition
Job Sharing: Two employees share one job, subject to the following conditions:
B. Eligibility
1. Police Officers eligible for this program must have three (3) years experience as
a patrol Officer for Huntington Beach Police. Lateral Officers with two (2) years
prior patrol experience are eligible after two (2) years of patrol assignment with
HBPD. 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.
C. 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.
POA MOU October 1, 2013—September 30, 2015 45
POLICE OFFICERS' ASSOCIATION
EXHIBIT F —JOB SHARING PROGRAM
D. Conditions
1. Absent an emergency, employees seeking a return to full time assignment are
required to give 90-day notice of intent.
2. In the event of an emergency separation of the sharing partner, the remaining
partner will enjoy a 90-day window within the shared position before returning to
full time employment.
3. The remaining partner will return to full time when the sharing partner leaves the
position, unless replaced by another qualified job share employee.
4. 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.
POA MOU October 1, 2013—September 30, 2015 46
Res. No. 2014-21
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, 2014 by the following vote:
AYES: Katapodis, Hardy, Shaw, Boardman, Carchio
NOES: Harper, Sullivan
ABSENT: None
ABSTAIN: None
City Cork and ex-officio CTerk of the
City Council of the City of
Huntington Beach, California