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HomeMy WebLinkAbout2021-12-01 Agenda Packet - Spcl Mtg AGENDA City Council/Public Financing Authority Wednesday, December 1, 2021 Special Meeting – 2:00 PM MAYOR AND CITY COUNCIL KIM CARR, Mayor BARBARA DELGLEIZE, Mayor Pro Tem RHONDA BOLTON, Councilmember DAN KALMICK, Councilmember NATALIE MOSER, Councilmember ERIK PETERSON, Councilmember MIKE POSEY, Councilmember Council Chambers 2000 Main Street Huntington Beach, CA 92648 --or-- Virtual via Zoom Webinar STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer IN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: Members wishing to attend the meeting in person are encouraged to wear a face covering. Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference (i.e., virtual using Zoom), or in person if in part, State and Local officials continue to recommend measures to promote social distancing. In addition to this hybrid format, alternate ways to view City Council meetings live or on-demand remain: livestreamed on HBTV Channel 3 (replayed on Wednesday’s at 10:00 a.m. and Thursday’s at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar; or, from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non-agendized items, including Study Session, Closed Session, and Public Hearing, may do so in person by completing a Request to Speak form delivered to the City Clerk, or from a virtual location by entering Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The Zoom Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528. Instructions for those utilizing computer devices to request to speak are provided in each section of the agenda where public comments are accepted. Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda-related items are encouraged to submit a written (supplemental) communication via email at SupplementalComm@Surfcity-hb.org, or City.Council@surfcity-hb.org. Supplemental Communications are public record, and if received by 11:00 AM on the day of the meeting, will be distributed to the City Council prior to consideration of agenda-related items, posted to the City website, and announced, but not read, at the meeting. Communications received following the 11:00 AM deadline will be incorporated into the administrative record. MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information. 1 AGENDA December 1, 2021City Council/Public Financing Authority 2:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick Council Member Erik Peterson has requested permission to be absent pursuant to City Council Resolution Number 2001-54 City Clerk Robin Estanislau has requested permission to be absent pursuant to City Charter Section 310 (a) ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) RECESS TO CLOSED SESSION CLOSED SESSION 21-9431.PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. 21-9442.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, three (3). COUNCIL CHAMBERS - RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) CITY MANAGER'S REPORT Page 1 of 4 2 AGENDA December 1, 2021City Council/Public Financing Authority CONSENT CALENDAR 21-8663.Reaffirm adoption of Resolution No. 2021-61 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361 Reaffirm Resolution No. 2021-61, “A Resolution of the City Council of the City of Huntington Beach, California, finding that the proclaimed state of emergency continues to impact the ability to meet safely in person.” Recommended Action: 21-9354.Adopt Resolution No. 2021-73 modifying the pay schedule for part-time, non-permanent and non-classified employees to comport with the State minimum wage increase effective January 1, 2022 Adopt Resolution No. 2021-73, “A Resolution of the City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent and Non-Classified Employees Effective January 1, 2022," including Exhibit A, updated Pay Schedule, and authorize the City Manager to take the necessary actions to implement these budget adjustments. Recommended Action: 21-9405.Authorization to Collaborate with the County of Orange and American Family Housing to Submit an Application for the Homekey Program Grant Funding Initiative A) Direct staff to collaborate with the County of Orange and Developer to submit an application for the Homekey Program grant funding for the acquisition, rehabilitation and conversion of the motel located at 17251 Beach Boulevard; and B) Find the Homekey Project exempt from the California Environmental Quality Act (CEQA) per Section 50675.1.3 and Section 50675.1.4 of the Health and Safety Code (HSC) pursuant to the enacting legislation for the Homekey Program (AB 140 (2021)) and direct staff to file a Notice of Exemption; and C) Adopt Resolution No. 2021-74 (Attachment 1) which provides a funding commitment of up to $4.21 million as local contribution toward a Homekey project upon award of State Homekey Program grant and authorizes the City Manager, or designee, to take any and all actions necessary to secure Recommended Action: Page 2 of 4 3 AGENDA December 1, 2021City Council/Public Financing Authority Homekey Program grant funds, including but not limited to executing a local match funding commitment letter . ADMINISTRATIVE ITEMS 21-9376.Introduction of the Proposed Memorandum of Understanding Between the Management Employees’ Organization (MEO) and the City of Huntington Beach for January 1, 2022, through December 31, 2024 Approve the introduction of the proposed Memorandum of Understanding between the Management Employees’ Organization and the City of Huntington Beach for the period of January 1, 2022, through December 31, 2024. Recommended Action: 21-9387.Introduction for the Proposed Memorandum of Understanding (MOU) Between the Huntington Beach Marine Safety Management Association (MSMA) and the City of Huntington Beach for January 1, 2022, through December 31, 2024 Approve the introduction of the proposed Memorandum of Understanding between the Marine Safety Management Association and the City of Huntington Beach for the period of January 1, 2022, through December 31, 2024. Recommended Action: 21-9418.Introduction of the Proposed Memorandum of Understanding (MOU) Between the Huntington Beach Police Management Association (PMA) and the City of Huntington Beach for July 1, 2021, through December 31, 2023 Approve the introduction of the proposed Memorandum of Understanding between the Police Management Association and the City of Huntington Beach for the period of July 1, 2021, through December 31, 2023. Recommended Action: 21-9459.Approve the appointment of Eric Parra to the position of Chief of Police and authorize the City Manager to execute the associated Employment Agreement. Approve the proposed Employment Agreement with Mr. Parra to serve as the City’s next Chief of Police, and authorize the City Manager to execute any and all relevant and associated documents Recommended Action: Page 3 of 4 4 AGENDA December 1, 2021City Council/Public Financing Authority COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, December 7, 2021, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 4 of 4 5 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-943 MEETING DATE:12/1/2021 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. City of Huntington Beach Printed on 11/30/2021Page 1 of 1 powered by Legistar™6 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-944 MEETING DATE:12/1/2021 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, three (3). City of Huntington Beach Printed on 11/30/2021Page 1 of 1 powered by Legistar™7 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-866 MEETING DATE:12/1/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Reaffirm adoption of Resolution No. 2021-61 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361 Statement of Issue: On September 16, 2021, Governor Newsom approved Assembly Bill 361 (Rivas) that amends the Ralph M. Brown Act to include a new authorization that allows all local agencies to host remote meetings and remote public comments. The authorization, which largely extends the provisions of the Governor’s Executive Order N-29-20 (approved March 17, 2020) and Executive Order N-35-20 (approved March 21, 2020), is in effect until January 1, 2024. To comply with the new provisions identified in AB 361, the City Council adopted Resolution No. 2021-61 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed due to health and safety concerns for the public. Financial Impact: Not applicable. Recommended Action: Reaffirm Resolution No. 2021-61, “A Resolution of the City Council of the City of Huntington Beach, California, finding that the proclaimed state of emergency continues to impact the ability to meet safely in person.” Alternative Action(s): Do not reaffirm Resolution No. 2021-61 and direct staff accordingly. Analysis: A provision of Assembly Bill 361 requires local agencies to verify every 30 days that the exemption from traditional teleconference requirements is still necessary. Specifically, the legislative body must City of Huntington Beach Printed on 11/30/2021Page 1 of 2 powered by Legistar™8 File #:21-866 MEETING DATE:12/1/2021 make findings no later than 30 days after the first teleconference and every 30 days thereafter that: ·The legislative body has reconsidered the state of emergency circumstances; and ·Either i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or ii) state or local officials continue to impose or recommend measures to promote social distancing. If necessary, the City will continue to make appropriate findings at least every 30 days to ensure compliance with this verification requirement of Assembly Bill 361 until its sunset date of January 1, 2024. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution No. 2021-61 2. Assembly Bill 361 City of Huntington Beach Printed on 11/30/2021Page 2 of 2 powered by Legistar™9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-935 MEETING DATE:12/1/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Brittany Mello, Interim Administrative Services Director Subject: Adopt Resolution No. 2021-73 modifying the pay schedule for part-time, non-permanent and non-classified employees to comport with the State minimum wage increase effective January 1, 2022 Statement of Issue: The State of California minimum wage law will increase to $15.00 per hour, effective January 1, 2022. In order for the City to act in accordance with the State minimum wage change, the pay schedule for part-time / hourly / non-permanent and non-classified employees requires modification. Financial Impact: Staff is requesting a total appropriation of $196,000 to address the financial impact associated with State minimum wage and classification adjustments to our part-time / hourly / non-permanent / non- classified pay schedule for Fiscal Year 2021-22. Recommended Action: Adopt Resolution No. 2021-73, “A Resolution of the City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent and Non-Classified Employees Effective January 1, 2022," including Exhibit A, updated Pay Schedule, and authorize the City Manager to take the necessary actions to implement these budget adjustments. Alternative Action(s): Do not adopt the Resolution, and direct staff to find an alternative means of complying with the Statewide minimum wage requirements. Analysis: The State of California Minimum Wage will increase to $15.00 per hour effective January 1, 2022. The City is required to modify its compensation schedules to comport with the law by the January 1, 2022, implementation date. Those employees currently at a pay scale below $15.00 per hour will need to be increased to a minimum of $15.00 per hour. The pay ranges in the proposed schedule have also been modified to align with the City’s updated master salary range schedule. City of Huntington Beach Printed on 11/30/2021Page 1 of 2 powered by Legistar™27 File #:21-935 MEETING DATE:12/1/2021 Additional clean-up modifications to our part-time compensation schedules will be prepared as part of the Citywide Classification and Compensation Study, which began in April 2021, to ensure proper alignment between the pay schedule levels, taking into account job responsibilities, education, and experience requirements. The updated pay schedule for Part-Time, Non-Permanent and Non-Classified Employees is included as Exhibit A. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution No. 2021-73, "A Resolution of the City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent and Non-Classified Employees Effective January 1, 2022." 2. Exhibit A - Part-Time Pay Schedule Effective January 1, 2022 City of Huntington Beach Printed on 11/30/2021Page 2 of 2 powered by Legistar™28 29 Working Title Pay Range A B C D E F G Ambulance Operator 100 $15.00 $15.75 $16.54 $17.36 $18.23 $19.14 $20.10 Athletic Field Attendant (Entry)100 $15.00 $15.75 $16.54 $17.36 $18.23 $19.14 $20.10 Beach Operations Assistant (Entry)100 $15.00 $15.75 $16.54 $17.36 $18.23 $19.14 $20.10 Department Assistant (Entry)100 $15.00 $15.75 $16.54 $17.36 $18.23 $19.14 $20.10 Gallery Aide 100 $15.00 $15.75 $16.54 $17.36 $18.23 $19.14 $20.10 Library Page (Entry)100 $15.00 $15.75 $16.54 $17.36 $18.23 $19.14 $20.10 Maintenance Worker Assistant (Entry)100 $15.00 $15.75 $16.54 $17.36 $18.23 $19.14 $20.10 Parking Attendant (Entry)100 $15.00 $15.75 $16.54 $17.36 $18.23 $19.14 $20.10 Police Cadet 100 $15.00 $15.75 $16.54 $17.36 $18.23 $19.14 $20.10 Recreation Leader (Entry)100 $15.00 $15.75 $16.54 $17.36 $18.23 $19.14 $20.10 Beach Operations Assistant (Journey)105 $15.77 $16.55 $17.38 $18.25 $19.16 $20.12 $21.13 Department Assistant (Journey)105 $15.77 $16.55 $17.38 $18.25 $19.16 $20.12 $21.13 Maintenance Worker Assistant (Journey)105 $15.77 $16.55 $17.38 $18.25 $19.16 $20.12 $21.13 Parking Attendant (Journey)105 $15.77 $16.55 $17.38 $18.25 $19.16 $20.12 $21.13 Recreation Leader (Journey)105 $15.77 $16.55 $17.38 $18.25 $19.16 $20.12 $21.13 Senior Services Driver 105 $15.77 $16.55 $17.38 $18.25 $19.16 $20.12 $21.13 Athletic Field Attendant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Beach Operations Assistant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 College Intern I 110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Department Assistant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Library Page (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Lifeguard (Entry)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Maintenance Worker Assistant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Parking Attendant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Recreation Leader (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Senior Services Dept Aide (Entry)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 College Intern II 115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Department Services Aide (Entry)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Library Services Aide (Entry)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Lifeguard (Experienced)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Senior Services Department Aide (Journey)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Water Safety Instructor (Entry)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 College Intern III 120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Library Services Aide (Journey)120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Senior Services Department Aide (Experienced)120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Social Worker Assistant 120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Water Safety Instructor (Experienced)120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Department Service Aide (Journey)125 $19.24 $20.20 $21.21 $22.27 $23.38 $24.55 $25.78 Library Services Aide (Experienced)125 $19.24 $20.20 $21.21 $22.27 $23.38 $24.55 $25.78 Program Coordinator 127 $19.62 $20.60 $21.63 $22.72 $23.85 $25.04 $26.30 Homeless Outreach Case Manager (Entry)130 $20.22 $21.23 $22.29 $23.40 $24.57 $25.80 $27.09 Library Facilities Assistant 130 $20.22 $21.23 $22.29 $23.40 $24.57 $25.80 $27.09 Traffic Control Officer 130 $20.22 $21.23 $22.29 $23.40 $24.57 $25.80 $27.09 Fire Dept Trainee 138 $21.89 $22.99 $24.14 $25.34 $26.61 $27.94 $29.34 Department Service Aide (Experienced)139 $22.11 $23.22 $24.38 $25.60 $26.88 $28.22 $29.63 Homeless Outreach Case Manager (Journey)139 $22.11 $23.22 $24.38 $25.60 $26.88 $28.22 $29.63 City of Huntington Beach PAY SCHEDULE FOR PART-TIME NON-PERMANENT AND NON-CLASSIFIED EMPLOYEES EFFECTIVE 1/1/2022 30 Working Title Pay Range A B C D E F G Homeless Outreach Case Manager (Experience)145 $23.47 $24.64 $25.88 $27.17 $28.53 $29.95 $31.45 Senior Maintenance Worker Assistant 145 $23.47 $24.64 $25.88 $27.17 $28.53 $29.95 $31.45 Graduate Intern 150 $24.67 $25.90 $27.20 $28.56 $29.99 $31.49 $33.06 Dept Services Specialist (Entry)165 $28.64 $30.07 $31.58 $33.15 $34.81 $36.55 $38.38 Substitute Librarian 170 $30.10 $31.61 $33.19 $34.84 $36.59 $38.42 $40.34 Department Services Specialist (Journey)183 $34.26 $35.97 $37.77 $39.66 $41.64 $43.72 $45.91 Department Services Specialist (Experienced)200 $40.57 $42.60 $44.73 $46.97 $49.32 $51.78 $54.37 Managerial Specialist 230 $54.69 $57.42 $60.29 $63.30 $66.47 $69.79 $73.28 Director Specalist 245 $63.49 $66.66 $70.00 $73.50 $77.17 $81.03 $85.08 31 Working Title Minimum Qualifications Beach Operations Assistant (Entry) Library Page (Entry) Lifeguard (Entry) Recreation Leader (Entry) Library Page (Experienced) Maintenance Worker Assistant (Entry) Parking Attendant (Entry) Lifeguard (Experienced) Recreation Leader (Journey) Water Seafety Instructor (Entry) Maintenance Worker Assistant (Journey) Parking Attendant (Journey) Recreation Leader (Experienced) College Intern I High School graduation or equivalent and previous on the job training required or Gallery Aide College intern requires current enrollment in college level courses Beach Operations Assistant (Journey) College Intern II Some college or vocational education or equivalent work experience required Department Assistant (Entry) Maintenance Worker Assistant (Experienced)College Intern II requires current enrollment in college level courses. Parking Attendant (Experienced) Police Cadet College Intern III College Intern III requires current enrollment and junior or senior-level standing Beach Operations Assistant (Experienced) Department Assistant (Journey) Athletic Field Attendant (Entry) Department Assistant (Experienced) Graduate Intern Senior Services Driver Athletic Field Attendant (Experienced)3 or more years related experience with demonstrated technical skills Department Services Aide (Entry) Library Services Aide (Entry) Library Services Aide (Security) Senior Services Department Aide (Entry, Journey) Water Seafety Instructor (Experienced) Department Service Aide (Journey) Library Services Aide (Experienced) Senior Services Department Aide (Experienced) Social Worker Assistant Homeless Outreach Case Manager (Entry) Library Facilities Assistant Program Coordinator Traffic Control Officer Department Service Aide (Experienced)3 years directly related experience with demonstrated technical skills Fire Department Trainee Homeless Outreach Case Manager (Journey/Experienced) Senior Maintenance Worker Assistant Substitute Librarian Department Services Specialist (Entry) Department Services Specialist (Journey) Department Services Specialist (Experienced) Managerial Specialist A Bachelor's Degree with directly-related supervisory or management level experience Director Specialist A Bachelor's Degree with directly-related director-level experience City of Huntington Beach MINIMUM QUALIFICATIONS FOR PART-TIME NON-PERMANENT AND NON-CLASSIFIED EMPLOYEES EFFECTIVE 1/1/2022 High School graduation or equivalent and previous on the job training required A Bachelor's Degree with directly-related professional level experience Some High School and previous experience or related training required 3 years directly related experience with demonstrated technical skills Education, training or experience equivalent to 3 years related experience with demonstrated office or technical skills. Graduate Intern requires graduate status in an accredited college or university *Fire Department Trainee requires enrollment in accredited CA Paramedic Program or the Huntington Beach Fire Academy. Position is exempt from years of experience requirement At least 2 years related skilled experience plus related education and/or training 32 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-940 MEETING DATE:12/1/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Authorization to Collaborate with the County of Orange and American Family Housing to Submit an Application for the Homekey Program Grant Funding Initiative Statement of Issue: In September 2021, the State released a Notice of Funding Availability (NOFA) in the amount of $1.45 billion as part of the “Homekey Program” (“Homekey”) to sustain and rapidly expand the inventory of housing for people experiencing homelessness or at-risk of homelessness through the development of housing opportunities, including, but not limited to, the conversion of motels/hotels into permanent supportive housing or interim housing. Given the Homekey program parameters, coupled with the need for permanent supportive housing (PSH) in the City, a motel location was identified as a possible acquisition target, at 17251 Beach Boulevard (the “Project”). In order to complete the application process, the City has been in discussions with the County and American Family Housing about applying for Homekey funds to acquire and convert the Project. As part of that process, the City has identified $4.21 million in restricted local housing related funds that are available to contribute as matching funds to aid in this effort. If approved by the City Council to proceed with the Homekey application effort, American Family Housing in partnership with National Community Renaissance (“National Core”) (collectively, the “Developer”) will be a co-applicant with the County of Orange (the “County”) on the Homekey application. The State has indicated that requests for funding will be evaluated on a first come, first served basis.Funding commitments are required to ensure the Homekey application is complete and competitive, and therefore, the City Council is requested to adopt a resolution that authorizes the City Manager, or designee, to execute a local match funding commitment letter in the amount of $4.21 million. Financial Impact: The $4.21 million for the Project is proposed to be funded from the Low and Moderate Income Housing Asset Fund (LMIHAF) in the amount of $2.40 million,and from the HOME Partnerships Investment-American Rescue Plan Act (HOME-ARP) in the amount of $1.81 million. The $2.40 City of Huntington Beach Printed on 11/30/2021Page 1 of 6 powered by Legistar™33 File #:21-940 MEETING DATE:12/1/2021 Investment-American Rescue Plan Act (HOME-ARP) in the amount of $1.81 million. The $2.40 million of LMIHAF may go toward acquisition, and rehabilitation to convert the motel units into housing and the $1.81 million will go toward operating expenses. These funding sources are restricted and can only be used to address housing and homelessness / at-risk of homelessness activities, respectively. Should the Homekey funding be successfully secured for the Project, staff will return to the City Council with an operating contract for the $1.81 million and an acquisition/ rehabilitation loan agreement for the $2.40 million with the developer.The City will then need to adopt an Allocation Plan consistent with HUD guidelines allocating the $1.81 million for the Project prior to executing an operating contract. Recommended Action: A) Direct staff to collaborate with the County of Orange and Developer to submit an application for the Homekey Program grant funding for the acquisition, rehabilitation and conversion of the motel located at 17251 Beach Boulevard; and B) Find the Homekey Project exempt from the California Environmental Quality Act (CEQA) per Section 50675.1.3 and Section 50675.1.4 of the Health and Safety Code (HSC) pursuant to the enacting legislation for the Homekey Program (AB 140 (2021)) and direct staff to file a Notice of Exemption; and C) Adopt Resolution No. 2021-74 (Attachment 1) which provides a funding commitment of up to $4.21 million as local contribution toward a Homekey project upon award of State Homekey Program grant and authorizes the City Manager, or designee, to take any and all actions necessary to secure Homekey Program grant funds, including but not limited to executing a local match funding commitment letter. Alternative Action(s): Do not approve the recommended action. Analysis: Background/Discussion On September 9, 2021, the State’s Housing and Community Development Department (HCD) issued a NOFA for Homekey in the amount of $1.45 billion to sustain and rapidly expand the inventory of housing for people experiencing homelessness or at-risk of homelessness and who are, thereby, inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases. The purpose of Homekey is to provide an opportunity for state, regional, and local public entities to develop a broad range of housing types, including but not limited to hotels, motels, hostels, single-family homes and multifamily apartments, adult residential facilities, and manufactured housing, and to convert commercial properties and other existing buildings to permanent supportive housing or interim housing. Homekey funds will be available to eligible applicants on a continuous, first come, first served, over-the-counter basis. City of Huntington Beach Printed on 11/30/2021Page 2 of 6 powered by Legistar™34 File #:21-940 MEETING DATE:12/1/2021 City staff explored Homekey opportunities in the City and identified a potential motel conversion property consisting of the Quality Inn and Suites (66 rooms) located at 17251 Beach Boulevard. The Developer has the property under contract for purchase and will serve as the co-applicant with the County to cause the conversion of the motel rooms into supportive housing units and will serve as the property management firm.The County, pending appropriate approvals, will contribute $4.92 million of funds toward the operations during years one through four. The City’s $1.81 million of HOME-ARP funds will cover year five of operations. And as previously mentioned, $2.40 million of LMIHAF may go toward acquisition, rehabilitation and motel conversion. An award of $15.66 million is being solicited from HCD via the Homekey program. Proposed Project Rehabilitation The existing structure is a three story, sixty-six unit, open-air hotel, with open corridors and units that open onto the parking lot. The building is a mixture of 47 studio, 18 one-bedroom and 1 two-bedroom units. Each unit receives an abundance of natural light. Overall, the existing hotel has been well maintained. The proposed Project involves the light rehabilitation of the existing hotel to provide 64 units of interim/transitional supportive housing until such time that Project Based Vouchers (PBV) can be obtained for a conversion to Permanent Supportive Housing (PSH), which is estimated at 3 to 5 years. The unit mix includes 31 homeless, 31 chronically homeless and two units for an on-site manager and maintenance technician. Based on a preliminary physical needs assessment, approximately $500,000 in repairs and upgrades are needed. Other improvements to the property include the addition of kitchenettes in the rooms, reworking of the common areas to add office space and other amenities, and the addition of landscaping on portions of the parking lot. The developer’s preliminary scope of work includes the following: Site Work Add security fencing at the front of site, restripe parking lot, upgrade / repair exterior lighting and add security cameras. Building Exterior Repair walkways, roof and remove existing building signage. Management / Service Office and Community Center Combine two units to create a community center for the tenants. Replace the fire alarm control panel and add audio/communications to 2 percent of the units. Buildout the management and service staff offices. Building Interior Pest control and asbestos abatement as necessary. Add kitchenettes in all units. On an as needed basis, repair drywall, paint, replace flooring, replace ac units, replace interior lighting, City of Huntington Beach Printed on 11/30/2021Page 3 of 6 powered by Legistar™35 File #:21-940 MEETING DATE:12/1/2021 and replace unit-plumbing fixtures. Make code corrections in ADA units that includes, counter adjustment, bathroom reconfigurations, cabinetry replacement, change door hardware and replace flooring. Currently, AFH is providing services for up to five years in two motels in the City of Stanton operating under the Homekey program. This is a bridge housing program to support participants in securing permanent housing and ending the cycle of homelessness. The Stanton program consists of a multi- disciplinary treatment team of clinicians and case managers who provide supportive services and linkages to PSH for fifty-eight (58) clients at Tahiti Motel and seventy (70) clients at the Stanton Inn & Suites. Key Components of the Homekey Program Target populations and subpopulations Under the Homekey Program, the primary target populations are homeless persons or persons at risk of homelessness. Eligible tenants would occupy this supportive housing via referral through the Coordinated Entry System (CES) as required by the Homekey regulations and utilizing the Countywide Homeless Management Information System (HMIS). Both CES and HMIS are operated by the Orange County Continuum of Care (CoC), with the County Health Care Agency (HCA) as lead agency. The current CES Policy prioritizes referrals from the Service Planning Area region and the host City, then lastly, Countywide. As it is envisioned that the Project will convert to Permanent Supportive Housing (PSH) once and if Project Based Vouchers become available, the County housing authority will also follow CES policy for referrals. The CES policy is determined by the CoC Board and continues to be modified to reflect systemic priorities. Planning Entitlement Process The enacting legislation for the Homekey Program states that projects eligible under Homekey are deemed allowed “by right”. Therefore, local zoning and entitlement processes that may typically apply to a motel conversion (a Conditional Use Permit or Zone Change for example) do not apply to Homekey projects under State law (Health and Safety Code Section 50675.1.3 Subdivision i). Operating details and conditions that would typically be addressed as part of the planning entitlement process could be addressed as part of the acquisition/ rehabilitation loan agreement between the City and Developer for the $2.40 million. Ground lease, Regulatory Agreement and deed restricted affordability The property would be acquired and encumbered by the County with a memorandum of lease/55-year ground lease to the Developer to enforce the use, operation, occupancy and affordability requirements under the Homekey Program. Proposed Project Financing City of Huntington Beach Printed on 11/30/2021Page 4 of 6 powered by Legistar™36 File #:21-940 MEETING DATE:12/1/2021 The proposed Project costs for acquisition, rehabilitation, and operations are estimated at $24.78 million, of which, $16.27 million will consist of acquisition and rehabilitation with the balance of $8.51 million consisting of operating costs for five years. The Homekey application to be submitted to HCD will include a funding ask of approximately $15.66 million ($13.87 million for acquisition/ rehabilitation, $1.79 million for operating costs). The County has confirmed that Project Based Vouchers are not currently available for the Project. Therefore, in addition to the $1.79 million in proposed State Homekey funds and the City’s $1.81 million of HOME-ARP funds for operating costs, the remaining $4.92 million is being solicited from the Orange County Healthcare Agency’s Office of Care Coordination (the “County CoC”) for five years of operating funds, a prerequisite of the Homekey application. As previously stated, if Project Based Vouchers become available in the future, the Project will convert to Permanent Supportive Housing prior to Year 5. The City has available unencumbered funds in LMIHAF of $2.67 million and $2.20 million in HOME- ARP funding for addressing housing and homelessness-related activities. Both fund balances are sufficient to cover the respective $2.4 million of LMIHAF and $1.81 million of HOME-ARP funds. Further, $900,000 will be reimbursed into the LMIHAF when the TCAC financing for the Jamboree Senior Housing project closes in January as the City’s Acquisition Loan is being repaid. Staff is recommending the City contribution for the proposed Project would be $4.21 million consisting of $2.40 million match for acquisition/rehabilitation, and approximately $1.81 million for year five operating expenses. Staff is also recommending that the proposed funding for the Project be conditionally approved upon completion of the following: 1) successful acquisition of the site by the Developer or County; 2) receipt of sufficient County operating funding (or another non-City funding source) to cover operating costs for years one through four in the amount of $4.92 million; and 3) Homekey award as calculated and approved from HCD. If one or more of the conditions outlined above are not met, th3n the proposed City Project funding, consisting of LMIHAF and HOME-ARP funds, will remain in their respective City fund accounts for use on other future eligible activities and the proposed Project will not move forward. Anticipated Timeline The Project timeline is estimated as follows: Submittal of NOFA Homekey application By December 31, 2021 Construction start date June 1, 2022 Construction completion date March 1, 2023 Estimated occupancy date June 1, 2023 Environmental Status: The California Legislature has granted a CEQA exemption for the Round 2 Homekey program as part of AB 140 (2021), its enacting legislation. The enacting legislation provided the statutory basis by City of Huntington Beach Printed on 11/30/2021Page 5 of 6 powered by Legistar™37 File #:21-940 MEETING DATE:12/1/2021 part of AB 140 (2021), its enacting legislation. The enacting legislation provided the statutory basis by adding section 50675.1.3 to the Health and Safety Code (HSC) and it exempted certain Homekey projects by adding section 50675.1.4 to the HSC, as per Article 1, Section 101 in the State Homekey NOFA. If federal dollars are used in the project, such as HUD Project Based Housing Choice Vouchers and/or HOME or ARP funds, National Environmental Policy Act (NEPA) compliance will be required. The State has allowed for NEPA Compliance to be acknowledged and in progress at the time of application and completed by disbursement. Strategic Plan Goal: Homelessness Response Attachment(s): 1. Resolution 2021-74 City of Huntington Beach Printed on 11/30/2021Page 6 of 6 powered by Legistar™38 39 40 41 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-937 MEETING DATE:12/1/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Brittany Mello, Interim Administrative Services Director Subject: Introduction of the Proposed Memorandum of Understanding Between the Management Employees’ Organization (MEO) and the City of Huntington Beach for January 1, 2022, through December 31, 2024 Statement of Issue: The Memorandum of Understanding (MOU) between the City of Huntington Beach and the Management Employees’ Organization (MEO) expires on December 31, 2021. The City and MEO have engaged in good-faith discussions, and in November 2021, reached tentative agreement on new MOU terms for a 3-year contract covering the period January 1, 2022, through December 31, 2024. Financial Impact: Pursuant to the terms agreed upon with MEO, the Finance Department estimates the total projected average annual cost increase of the MOU to be $514,541 per year during the life of the agreement. Recommended Action: Approve the introduction of the proposed Memorandum of Understanding between the Management Employees’ Organization and the City of Huntington Beach for the period of January 1, 2022, through December 31, 2024. Alternative Action(s): Do not approve the introduction of the proposed successor MOU for MEO employees, and direct staff to: (1) continue to meet and confer with the Association, or (2) utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution Analysis: The Management Employees’ Organization (MEO) represents approximately 105 employees in the City. Representatives for the City and MEO engaged in active discussions over an extended period, City of Huntington Beach Printed on 11/30/2021Page 1 of 2 powered by Legistar™42 File #:21-937 MEETING DATE:12/1/2021 ultimately reaching tentative agreement on contract terms for a 3-year period. Key changes in the proposed MOU include the following: Term of Agreement January 1, 2022, through December 31, 2024 Salary Range Adjustment ·Effective January 1, 2021, employees will shift to a new, seven-step salary range (A - G). Classifications will be placed on the nearest Step F in the new range without losing any wages. Once on Step F, classifications will be moved to a range two percent (2%) higher. All employees will be placed on the step in the new salary range that is closest to their current base salary step without being less. ·Employees who have reached top step (Step G) will be eligible to earn an annual merit-based bonus of up to three percent (3%) of their base rate of pay at their regularly-scheduled performance evaluations. Medical Benefits ·Beginning January 1, 2022, the City’s maximum monthly contribution to medical plan rates will increase proportionally based on the medical plan and enrollment tier, with the highest maximums correlating to the Blue Shield PPO plan of $740.00 for employee only; $1,373.19 for two party; and $1,547.03 for family coverage. ·Beginning January 1, 2023, the City’s maximum monthly contribution will increase by $23.33 per month, per medical plan, per enrollment tier, up to, but not to exceed the monthly plan premium cost. Leave Benefits ·Add Christmas Eve Day (December 24th each year) and New Year’s Eve Day (December 31st each year) to the list of approved City-paid holidays. These key changes and all other negotiated provisions are included in the proposed Memorandum of Understanding. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Summary of Memorandum of Understanding Modifications 2. Fiscal Impact Report 3. Proposed Memorandum of Understanding City of Huntington Beach Printed on 11/30/2021Page 2 of 2 powered by Legistar™43 Page 1 of 2 City of Huntington Beach Management Employees Organization (MEO) Summary of MOU Modifications November 23, 2021 Article # Subject Proposal Article I Term of MOU Term January 1, 2022 – December 31, 2024 Article VI Salary Schedules New Salary Range Effective January 1, 2022, shift to a new master salary schedule that includes seven-steps (A – G) with five percent (5%) between each step; and one percent (1%) between each range. Employees will be placed on the new salary range by moving from Step E on the current range to the nearest Step F on the new range without losing any wages, plus a 2% initial wage increase by increasing the assigned range by 2%. All employees will be placed on the step in the new salary range that is closest to their current base salary step without being less. Employees will have the ability to earn step adjustments with a positive performance evaluation at their next regularly scheduled performance evaluation date. Article V Special Pay Performance Based Bonus Employees will have the ability to earn up to 3% merit-based bonus after the employee hits top step at their next regularly scheduled performance evaluation date. This bonus will be provided as a lump sum and will not increase the employee’s base salary. Article X Health and Other Insurance Benefits Employer contribution to Health and Other Insurance Benefits A modification to Article X to increase the monthly maximum employer contribution towards flex benefits per attached rate sheets. Article XII Leave Benefits City Holidays Add Christmas Eve Day (December 24th each year) and New Year’s Eve Day (December 31st each year) to the list of approved City-paid holidays. MOU language clean up: Modernize MOU language and make other non-substantive language changes. 44 Summary MOU Modifications MEO – November 23, 2021 City of Huntington Beach 2022 Health Premiums and Contributions Effective 1/1/2022 MEO Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution Kaiser Single 582.00 582.00 0.00 0.00 Two-Party 1,255.00 1,158.71 96.29 44.44 Family 1,643.00 1,330.94 312.06 144.03 Blue Shield TRIO HMO Single 621.00 621.00 0.00 0.00 Two-Party 1,326.00 1,158.71 167.29 77.21 Family 1,707.00 1,330.94 376.06 173.57 Blue Shield HMO Single 677.00 677.00 0.00 0.00 Two-Party 1,455.00 1,219.11 235.89 108.87 Family 1,875.00 1,409.31 465.69 214.93 Blue Shield PPO Single 740.00 740.00 0.00 0.00 Two-Party 1,531.00 1,373.19 157.81 72.84 Family 1,890.00 1,547.03 342.97 158.29 Blue Shield HDHP Single 567.00 567.00 0.00 0.00 Two-Party 1,163.00 1,163.00 0.00 0.00 Family 1,432.00 1,432.00 0.00 0.00 Delta Dental PPO Single 58.30 42.88 15.42 7.12 Two-Party 108.80 81.82 26.98 12.45 Family 143.50 116.36 27.14 12.53 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.33 17.84 5.49 2.53 Two-Party 23.33 17.84 5.49 2.53 Family 23.33 17.84 5.49 2.53 Medical Opt-Out: $582.00 per month ($268.62 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations 45 City of Huntington BeachMEO ProposalProposed Term: 3 yearsYear 1 Year 2 Year 32022 2023 2024MOU Item # UnionDescription Rate / $Estimated YOYImpactEstimated YOYImpactEstimated YOYImpactTotal Cost of Proposal Notes:1MEOTerm: 3 years (January 1, 2022 through December 31, 2024)2a MEO Salary Adjustment ‐ Move to new range 2% increase, 7 steps, 5% between stepsVarious 847,608            216,109             20,422              1,084,139        2b MEO Annual Top Step Bonus up to 3% Up to 3% ‐                    189,356             29,557              218,913            Assume 2% due to department discretion in bonuses given3 MEO Health Insurance 78,375               31,635               ‐                    110,010            4 MEO 2 Additional Paid Holidays 18 hrs 123,585             4,404                 2,572                130,561            Total Cost of ProposalMEO1,049,568       441,504            52,551             1,543,623      46 47 LEGISLATIVE DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN HUNTINGTON BEACH MANAGEMENT EMPLOYEES’ ORGANIZATION AND CITY OF HUNTINGTON BEACH November January 1, 202219 – October December 31, 20240 48 MEMORANDUM OF UNDERSTANDING MANAGEMENT EMPLOYEES’ ORGANIZATION TABLE OF CONTENTS ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 i PREAMBLE ................................................................................................................................. 1 ARTICLE I - TERM OF MOU ....................................................................................................... 1 ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS ............................................... 1 ARTICLE III - MANAGEMENT RIGHTS ...................................................................................... 2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT ...................................................... 2 ARTICLE V - SEVERABILITY ..................................................................................................... 2 ARTICLE VI - SALARY SCHEDULE ........................................................................................... 2 A. SALARY SCHEDULE ............................................................................................................................. 2 B. PERFORMANCE BONUS 1. Wage Increase…………………………………………………………………………………………….…….3 ARTICLE VII - SPECIAL PAY ................................................................................................... 34 A. EDUCATIONAL TUITION ..................................................................................................................... 34 B. BILINGUAL PAY ................................................................................................................................. 34 ARTICLE VIII - UNIFORMS ....................................................................................................... 34 A. GENERAL POLICY ............................................................................................................................. 45 B. AFFECTED PERSONNEL ..................................................................................................................... 45 C. PERSONAL PROTECTIVE EQUIPMENT ................................................................................................. 45 D. EMPLOYEE RESPONSIBILITIES ........................................................................................................... 45 E. CITY RESPONSIBILITIES ..................................................................................................................... 56 F. DEPARTMENT HEAD OR DESIGNEE RESPONSIBILITIES ........................................................................ 56 ARTICLE IX - HOURS OF WORK/ADMINISTRATIVE LEAVE ................................................. 56 A. OVERTIME ....................................................................................................................................... 67 B. ADMINISTRATIVE LEAVE .................................................................................................................... 67 C. FLEX SCHEDULE AND HOURS OF W ORK ............................................................................................. 67 1. 5/40 Work Schedule .......................................................................................................................................... 67 2. 9/80 Work Schedule .......................................................................................................................................... 67 3. 4/10 Work Schedule .......................................................................................................................................... 67 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS ................................................ 78 A. HEALTH ........................................................................................................................................... 78 B. ELIGIBILITY CRITERIA AND COST ........................................................................................................ 78 1. City and Employee Paid Medical Insurance – Employee and Dependents ................................................... 78 2. Health and Other Insurance Premiums ............................................................................................................ 8 a. Health Premiums and Contributions ........................................................................................................... 8 3. Future Premiums and City Contributions .................................................................................................... 109 4. Medical Cash-Out ........................................................................................................................................ 119 5. Section 125 Plan .......................................................................................................................................... 119 C. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT ......................................................................... 11 D. LONG TERM DISABILITY INSURANCE .................................................................................................. 11 E. MISCELLANEOUS .......................................................................................................................... 1211 1. City Paid Premiums While On Medical Disability ...................................................................................... 1211 2. Insuance Benefits Advisory Committee ......................................................................................................... 12 F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR CITY MEDICAL SUBSIDY PLAN ................ 12 49 MEMORANDUM OF UNDERSTANDING MANAGEMENT EMPLOYEES’ ORGANIZATION TABLE OF CONTENTS ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 ii G. POST 65 SUPPLEMENTAL MEDICARE COVERAGE ............................................................................. 1312 H. ANNUAL MAXIMUM BENEFIT FOR DENTAL PPO PLAN ............................................................................ 13 ARTICLE XI - RETIREMENT BENEFITS .................................................................................. 13 A. BENEFITS......................................................................................................................................... 13 1. Self Funded Supplemental Retirement Benefit ............................................................................................. 13 2. Medical Insurance for Retirees .................................................................................................................. 1413 a. Medical Insurance Upon Retirement ..................................................................................................... 1413 B. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING ..................................... 14 1. Classic Member Miscellaneous Unit Members ............................................................................................. 14 2. New Member Retirement Benefits ............................................................................................................. 1514 3. Pre-Retirement Optional Settlement 2 Death Benefit .................................................................................... 15 4. Fourth Level of 1959 Survivor Benefits ......................................................................................................... 15 ARTICLE XII - LEAVE BENEFITS ......................................................................................... 1615 A. GENERAL LEAVE .......................................................................................................................... 1615 1. Accrual ....................................................................................................................................................... 1615 2. Eligibility and Approval ................................................................................................................................... 16 3. Leave Benefit Entitlements............................................................................................................................ 16 4. Conversion to Cash ....................................................................................................................................... 16 B. CITY PAID HOLIDAYS .................................................................................................................... 1716 C. SICK LEAVE ..................................................................................................................................... 17 D. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM .................................................................. 19 E. BEREAVEMENT LEAVE ....................................................................................................................... 19 F. RELEASE TIME .................................................................................................................................. 19 ARTICLE XIII - CITY RULES ..................................................................................................... 19 A. PERSONNEL RULES ......................................................................................................................... 19 B. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION .............................................................................. 19 1. Modification of Section 7 - Decertification and Modification ............................................................................... 20 C. RULES GOVERNING LAYOFF, REDUCTION IN LIEU OF LAYOFF AND RE-EMPLOYMENT .......................... 21 1. Part 1 - Layoff Procedure .................................................................................................................................. 21 2. Order of Layoff .................................................................................................................................................. 22 3. Notification of Employees .................................................................................................................................. 23 4. Part 2 - Bumping Rights ................................................................................................................................ 2423 5. Part 3 - Re-Employment .................................................................................................................................... 25 ARTICLE XIV - DURING THE TERM OF THE AGREEMENT ................................................... 26 A. CLASSIFICATION AND COMPENSATION STUDY ..................................................................................... 26 B. PERFORMANCE EVALUATIONSHOLIDAY CLOSURE ................................................................................ 26 ARTICLE XV - MISCELLANEOUS ........................................................................................ 2726 A. PHYSICAL EXAMINATION ................................................................................................................... 27 B. VEHICLE POLICY .............................................................................................................................. 27 C. DEFERRED COMPENSATION LOAN PROGRAM ..................................................................................... 28 D. COLLECTION OF PAYROLL OVERPAYMENTS .................................................................................... 2829 E. REQUIRED FINGERPRINTING OF EMPLOYEES THAT W ORK WITH SENIOR CITIZENS ................................ 29 F. ACTING ASSIGNMENT ....................................................................................................................... 29 G. RETURN TO W ORK ....................................................................................................................... 2930 H. CONTROLLED SUBSTANCE AND ALCOHOL TESTING............................................................................. 30 I. MANAGEMENT AND EXECUTIVE MANAGEMENT RELATIONS COMMITTEE ............................................... 30 50 MEMORANDUM OF UNDERSTANDING MANAGEMENT EMPLOYEES’ ORGANIZATION TABLE OF CONTENTS ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 iii J. PUBLIC EMPLOYEE DISASTER W ORKER ............................................................................................. 30 ARTICLE XV - CITY COUNCIL APPROVAL ............................................................................. 31 EXHIBIT A - SALARY SCHEDULE ........................................................................................................ 32 EXHIBIT B - RETIREE SUBSIDY MEDICAL PLAN ................................................................................ 36 SCHEDULE OF BENEFITS ...................................................................................................................... 36 A. MINIMUM ELIGIBILITY FOR BENEFITS .............................................................................................. 36 B. DISABILITY RETIREES.................................................................................................................... 36 C. MAXIMUM MONTHLY SUBSIDY PAYMENTS .................................................................................................. 37 RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS ........................................................... 37 A. ELIGIBILITY ................................................................................................................................... 37 B. BENEFITS ..................................................................................................................................... 38 C. SUBSIDIES ................................................................................................................................... 38 D. MEDICARE ................................................................................................................................... 38 E. CANCELLATION ............................................................................................................................. 39 EXHIBIT C - VEHICLE USE/ASSIGNMENT ........................................................................................... 40 EXHIBIT CD - PHYSICAL EXAMINATION DESCRIPTION ................................................................ 4140 EXHIBIT DE - 9/80 WORK SCHEDULE ............................................................................................. 4241 9/80 WORK SCHEDULE DEFINED ....................................................................................................... 4241 A. FORTY (40) HOUR WORK WEEK ................................................................................................... 4241 B. TWO-WEEK PAY PERIOD .............................................................................................................. 4241 C. A/B SCHEDULES .......................................................................................................................... 4241 D. EMERGENCIES ............................................................................................................................. 4342 LEAVE BENEFITS .............................................................................................................................. 4342 EXHIBIT EF- 4/10 WORK SCHEDULE ............................................................................................... 4443 EXHIBIT FG - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM GUIDELINES ........ 4544 51 MEO MOU November January 1, 202219 through October December 31, 20240 1 MEMORANDUM OF UNDERSTANDING between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES’ ORGANIZATION (Hereinafter called ASSOCIATION or MEO) PREAMBLE This Memorandum of Understanding is entered into by and between the City of Huntington Beach, a Municipal Corporation of the State of California, herein called “City,” and the Huntington Beach Management Employees’ Organization, a California Organization, herein called “Association.” WHEREAS, pursuant to California law, the City, acting by and through its designated representatives, duly appointed by the governing body of said City, and the representatives of the Association, a duly recognized employee association have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours, and other terms and conditions of employment for the period November 1, 2019January 1, 2022 through October December 31, 20240. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the Association, and WHEREAS, the representatives of the City and Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding (MOU) is made to become effective November January 1, 202219 and it is agreed as follows: ARTICLE I –- TERM OF MOU This Agreement shall be in effect for a period of one three (31) years commencing November January 1, 202219, the effective date, and ending midnight October December 31, 20240. The parties agree to commence negotiations on a successor MOU by not later than May September 1, 20240. ARTICLE II –- REPRESENTATIONAL UNIT/CLASSIFICATIONS It is recognized that the Association is the employee association which has the right to meet and confer in good faith with the City on the behalf of employees whose classifications are listed in Exhibit A, attached hereto and incorporated by reference herein. 52 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU November January 1, 202219 through October December 31, 20240 2 ARTICLE III – MANAGEMENT’S RIGHTS The parties agree the City has the right to make unilateral management decisions that are outside the scope of bargaining, as defined by state and federal law and Public Employment Relations Board (PERB) decisions. Except as expressly abridged or modified herein, the City retains all rights, powers and authority with respect to the management and direction of the performance of City services and the work forces performing such services, provided that nothing herein shall change the City’s obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the City the right to make unilateral changes in wages, hours, and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of City services, including establishing of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE IV –- EXISTING CONDITIONS OF EMPLOYMENT Except as otherwise expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits and terms and conditions of employment which have been established in prior Memoranda of Understanding, and/or provided for in the Personnel and Departmental Rules of the City of Huntington Beach. ARTICLE V –- SEVERABILITY If any section, subsection, 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, subsection, sentence, clause, phrase, or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutional. AR TICLE VI –- SALARY SCHEDULE A. Salary Schedule Employees shall be compensated at rates by classification title and salary range during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other Articles of this MOU. All employees are required to utilize direct deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll receipt) each pay period that details all income, withholdings, and deductions. a. Wage Increases 53 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 3 i. Upon the effective date of this agreement, all bargaining unit members will receive a three and one-half percent (3.5%) wage increase. Effective at the beginning of the pay period including January 1, 2022, the parties agree that the salary schedule in Exhibit A reflects the following modifications from the salary schedule in the 2019-2020 MOU: 1. The salary schedule will include seven (7) steps from A-G; 2. The steps will be five percent (5%) steps; 3. The salary ranges will be one percent (1%) apart; 4. Each job classification will be assigned a salary range by: a. Locating the range on the new salary schedule with a Step F that is nearest to the position’s current top step (Step E) without being less; and then, b. Moving two ranges higher, thereby providing a wage increase of not less than two percent (2%) for all employees in the Association. 5. Each employee will be placed on the step (A-F) of their classification’s assigned salary range that is nearest to their base salary step (A-E of the 2019-2020 salary schedule) without being less. Once placed on the new, seven-step salary schedule, employees will be eligible to move to the next step on their anniversary date (i.e., the date they are due for their next evaluation) upon receipt of a satisfactory evaluation. B. Performance Bonus Effective at the beginning of the pay period including January 1, 2022, employees in the unit who are at Step G on the salary schedule are eligible for an annual performance bonus of up to three percent (3%) of their base pay at the time of their evaluation. The annual performance bonus amount will be determined based upon the evaluation of the employee’s performance. A completed performance evaluation with specific recognition of outstanding performance must be attached to the Personnel Action Form and sent to the Human Resources Division. The evaluation will also identify performance goals and objectives. Employees who disagree with the performance bonus award granted by their supervisor / manager may appeal the decision directly to their Department Head for additional consideration. After review, the Department Head’s final decision regarding the performance bonus award amount shall be final and binding, and shall not be subject to grievance. 54 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 4 The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus. ARTICLE VII –- SPECIAL PAY A. Educational Tuition 1. Upon approval of the Department Head and the Administrative Services Director of Human Resources, permanent employees may be compensated for courses from accredited educational institutions, including vocational schools. Tuition reimbursement shall be limited to job-related courses or job-related educational degree objectives and requires prior approval by the Department Head and the Administrative Services Director of Human Resources. 2. Education costs shall be reimbursed to permanent employees for tuition, books, parking (if a required fee), and any other required fees upon presentation of receipts. However, the maximum reimbursement shall be not more than one thousand seven hundred and fifty dollars ($1,750) in any fiscal year period per employee. a. Employees may not carry-over and be reimbursed for prior fiscal year education costs in successive fiscal years. 3. Reimbursements shall be made when the employee presents proof to the Administrative Services Director of Human Resources that he/shethey haves successfully completed the course with a grade of “C” or better; or a “Pass” if taken for credit. C.B. Bilingual Pay Permanent employees who are required by their Department Head to use Spanish, Vietnamese, or American Sign Language skills as part of their job assignment, shall be paid an additional five-percent (5%) of their base hourly rate in addition to their regular bi-weekly salary. Permanent employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Manager. Such employees shall receive the additional five percent (5%) for every bi-weekly pay period that the assignment is in effect. In order to be eligible for said compensation, an employee’s language proficiency will be tested and certified by the Administrative Services Director of Human Resources or their designee. The special pay shall be effective the first full pay period following certification as verified to the Department Head in writing by the Administrative Services Director of Human Resources or their designee. The parties agree that to the extent permitted by law, Bilingual Pay is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. 55 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 5 ARTICLE VIII –- UNIFORMS The City agrees to provide uniforms to employees on active duty who are required to wear uniforms. A. General Policy The City shall furnish uniforms to those employees designated by the various Department Heads as required to wear a standard uniform for appearance, uniformity and public recognition purposes, in the procedures and guidelines set forth hereinafter. B. Affected Personnel All employees in classifications listed below shall wear a standard City adopted uniform. Each Department Head shall determine which employees must wear a uniform. Department Job Type Classification Uniform Items Community Dev 0125 Code Enforcement Supervisor 3 -polo shirts, 2 -pair of paints (khaki style), 1one hat, and 1one pair of safety boots. Community Dev 0072 Principal Electrical Inspector 5 pPolo sShirts, 1 jJacket, 1 wWindbreaker (not annually), 1 hHat, shoes PPE/Safety 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat, shoes PPE/Safety 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat, shoes PPE/Safety 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat, shoes PPE/Safety 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat, shoes PPE/Safety Community Dev 0073 Inspection Supervisor Community Dev 0076 Principal Inspector Plum/Mech Community Dev 0075 Inspection Manager Community Dev 0598 Building Manager Community Srvcs 0044 Beach Operations Supervisor 5 pPolo sShirts, 1 jjacket (not annually), 1 hat, 1 pair boots (not annually), 1 hat Community Srvcs 0133 Supv Parking & Camping Facility 5 shirts, 1 jJacket (not annually), 1 hat Fire 0595 Assistant Fire Marshall 5 shirts, 5 pants, 1 dress shirt, 1 belt, 1 pair boots, 1 badge Fire 0131 Fire Med Coordinator 1 blousedress shirt, 1 pant, 1 dress pant, 1 skirt, 1 pair dress shoes, 1 badge Fire 0130 Fire Protection AnalystDeputy Fire Marshal 5 shirts, 5 pants, 1 dress shirt, 1 belt, 1 pair boots, 1 badge Police 0486 Detention Administrator 1 shirt/1 pants/1 jacket, 1 BDU pants/1 polo, name tag, tie, tie bar C. Personal Protective Equipment All personal protective equipment shall be provided based on employee safety needs for the performance of duties as approved by the Department Head. D. Employee Responsibilities 1. Wear a clean and complete uniform as required. 2. Uniform appearance shall include: 56 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 6 a. Patch to be worn above left shirt or jacket pocket. b. Pants to have no cuffs. c. Worn with pride in appearance to public, (i.e., shirt buttoned, shirttail tucked in). 3. Wash and provide minimum repair; (i.e., buttons, small tears). 4. Provide any alterations necessary including sewing on of City patches. 5. Wear uniform only when on duty or performing work for the City. 6. Notify supervisor of need to replace due to disrepair or severe staining producing an undesirable appearance. 7. Turn in all uniform components, including patches, upon terminationseparation. 8. Turn in all personal protective equipment upon terminationseparation. 9. Wear all personal protective equipment prescribed by the City safety officer and/or Supervisor of the division. E. City Responsibilities 1. Pay for City-required uniforms. 2. Report to the California Public Employees’ Retirement System (CalPERS) the cost of uniforms provided as set forth in Section B (above) for each classification as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees that are not required to wear uniforms on a daily basis or who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms may apply. 3. Provide one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. Maintain records of purchases. F. Department Head or Designee Responsibilities 1. Ensure employee compliance with the Uniform Policy. 2. Approve replacement of deteriorated uniform component(s) and personnel protective equipment as required and to maintain a listing for each eligible employee, by name and classification, of all uniform component(s) and personal protective equipment purchased. 3. Confirm receipt of uniforms, patches and personal protective equipment from an employee upon separationtermination. A Termination Separation Checklist Form is to be completed, signed by the employee, and submitted to the Human Resources Divisionepartment. 4. Report to the Administrative Services Director of Human Resources any changes to the Uniform Listing by Category/Classification (Section B above). The City reserves the right to add, delete, change, or modify the Uniform Listing as required. 57 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 7 ARTICLE IX –- HOURS OF WORK/ADMINISTRATIVE LEAVE It is the intent of the City to provide an opportunity for MEO employees to select a flex schedule and/or alternative work schedule that is consistent with the City’s objective that such schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. Overtime Employees represented herein shall not be eligible for paid overtime compensation. B. Administrative Leave All full-time unit employees shall be entitled to sixty (60) hours of administrative leave per calendar year. All part-time (50%) employees shall be entitled to thirty (30) hours of administrative leave per calendar year. Administrative leave shall not carry over to the next year and holds no cash value. C. Flex Schedule and Hours of Work With supervisor and Department Head approval, MEO employees may flex regularly scheduled start times between the hours of 7:00 a.m. to 9:00 a.m. Flex schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. MEO employees will have the option of working a 5/40 or 9/80 work schedule with supervisor and Department Head approval. MEO employees assigned the 4/10 -work schedule shall retain the option of working the 4/10 -work schedule with supervisor and Department Head approval. In order to maintain service to the public, departmental effectiveness, productivity and/or efficiency a Department Head may assign an employee a different work schedule that is in compliance with the requirements of the Fair Labor Standards Act (FLSA) with City Manager approval. 1. 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday through Friday each week plus a one-hour lunch during each work shift, totaling a forty (40) hour work week. 2. 9/80 Work Schedule The 9/80 work schedule, as outlined in Exhibit DE, shall be defined as working nine (9) days for eighty (80) hours in a two-week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), plus a one-hour lunch during each work shift, totaling forty (40) hours in each FLSA work week. The 9/80 -work 58 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 8 schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. 3. 4/10 Work Schedule The 4/10 work schedule, as outlined in Exhibit EF, shall be defined as working four (4) ten (10) hour days Monday through Thursday or Tuesday thru Friday each week plus a one-hour lunch during each work shift, totaling a forty (40) hours work week. The assigned 4/10 -work schedule must be in compliance with the requirements of FLSA and all other applicable laws. The 4/10 -work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. ARTICLE X –- HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall make available group medical, dental, and vision benefits to all employees. A copy of the medical, dental, and vision plan brochures may be obtained from the Human Resources Divisionepartment. B. Eligibility, Criteria, and Cost 1. City and Employee Paid Medical Insurance – Employees and Dependents The City and employee shall each pay for health insurance premiums for qualified employees and dependent(s) effective the first of the month following the employee’s date of hire. The employee deduction for premium contributions shall be aligned with the effective date of coverage and the ending date of coverage upon the employee’s separation. The payroll deduction amount shall begin no later than the first full pay period following the effective date of coverage and pro-rated for coverage through the end of the month in which employment was separated. 59 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 9 2. Health and Other Insurance PremiumsMaximum Employer Contributions For the term of this agreement, the City’s maximum monthly employer contributions for each employee’s health and other insurance premiums are set forth as follows: a. Health Premiums and ContributionsEffective the pay period that includes January 1, 2022, the City’s maximum monthly contribution to medical premiums will increase as summarized in the table below. Actual contributions for plan year 2022 based on premium costs are shown in the rate sheet included herein. b. Effective the pay period that includes January 1, 2023, the City’s maximum monthly contribution to medical premiums will increase by $23.33 per month, per medical plan and enrollment tier, up to, but not to exceed the monthly plan premium cost. The maximum City contribution shall be based on the employee’s enrollment in each plan. 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. Maximum City Health Contributions The City agrees to contribute up to the plan premium per tier, but not higher than the maximums listed below: Plan Tier Prior Year Effective 1/1/2022 Effective 1/1/2023 Kaiser Single 619.00 660.47 683.80 Two-Party 1,103.53 1,158.71 1,182.04 Family 1,267.56 1,330.94 1,354.27 Blue Shield TRIO HMO Single 674.00 719.16 742.49 Two-Party 1,103.53 1,158.71 1,182.04 Family 1,267.56 1,330.94 1,354.27 Blue Shield HMO Single 743.00 792.78 816.11 Two-Party 1,161.06 1,219.11 1,242.44 Family 1,342.20 1,409.31 1,432.64 Blue Shield PPO Single 806.00 860.00 883.33 Two-Party 1,307.80 1,373.19 1,396.52 Family 1,473.36 1,547.03 1,570.36 Blue Shield CDHP Single 592.00 631.66 654.99 Two-Party 1,253.00 1,315.65 1,338.98 Family 1,473.36 1,547.03 1,570.36 60 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 10 3. Future Premiums and City Contributions For the term of this agreement, and thereafter unless modified by negotiated agreement of the parties, the City’s monthly contributions to medical, dental, and vision insurance shall remain as specified for the 2022 and 2023 Health Premiums and Contribution amounts, unless otherwise specified herein. 4. Medical Cash-Out If an employee is covered by a group medical plan outside of a City-provided program (evidence of which must be supplied to the Human Resources Division), the employee may elect to discontinue City medical coverage and receive the amount equal to the City’s contribution to the Kaiser, Employee-only medical premium offered to this unit. 5. Section 125 Plan This plan allows employees to use pre-tax salary to pay for childcare, adult dependent care, and/or medical expenses allowable under the Internal Revenue Service rules for a Section 125 plan. 61 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 11 City of Huntington Beach 2022 Health Premiums and Contributions Effective the Pay Period Including 1/1/2022 MEO Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution Kaiser Single 582.00 582.00 0.00 0.00 Two-Party 1,255.00 1,158.71 96.29 44.44 Family 1,643.00 1,330.94 312.06 144.03 Blue Shield TRIO HMO Single 621.00 621.00 0.00 0.00 Two-Party 1,326.00 1,158.71 167.29 77.21 Family 1,707.00 1,330.94 376.06 173.57 Blue Shield HMO Single 677.00 677.00 0.00 0.00 Two-Party 1,455.00 1,219.11 235.89 108.87 Family 1,875.00 1,409.31 465.69 214.93 Blue Shield PPO Single 740.00 740.00 0.00 0.00 Two-Party 1,531.00 1,373.19 157.81 72.84 Family 1,890.00 1,547.03 342.97 158.29 Blue Shield HDHP Single 567.00 567.00 0.00 0.00 Two-Party 1,163.00 1,163.00 0.00 0.00 Family 1,432.00 1,432.00 0.00 0.00 Delta Dental PPO Single 58.30 42.88 15.42 7.12 Two-Party 108.80 81.82 26.98 12.45 Family 143.50 116.36 27.14 12.53 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.33 17.84 5.49 2.53 Two-Party 23.33 17.84 5.49 2.53 Family 23.33 17.84 5.49 2.53 Medical Opt-Out: $582.00 per month ($268.62 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations 2019 Health Premiums and Contributions Effective 1/1/2019 MEO Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution Kaiser Single 551.00 551.00 0.00 0.00 Two-Party 1,188.00 1,053.53 134.47 62.06 62 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 12 Family 1,555.00 1,217.56 337.44 155.74 Blue Shield HMO Single 733.00 733.00 0.00 0.00 Two-Party 1,602.00 1,111.06 490.94 226.59 Family 2,072.00 1,292.20 779.80 359.91 Blue Shield PPO Single 780.00 780.00 0.00 0.00 Two-Party 1,649.00 1,257.80 391.20 180.55 Family 2,043.00 1,423.36 619.64 285.99 Blue Shield CDHP Single 573.00 573.00 0.00 0.00 Two-Party 1,213.00 1,213.00 0.00 0.00 Family 1,501.00 1,423.36 77.64 35.83 Delta Dental PPO Single 56.00 42.88 13.12 6.06 Two-Party 104.60 81.82 22.78 10.51 Family 137.90 116.36 21.54 9.94 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.33 17.84 5.49 2.53 Two-Party 23.33 17.84 5.49 2.53 Family 23.33 17.84 5.49 2.53 Medical Opt-Out (As stated in X.4): $551.00 per month ($254.31 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations 63 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 13 2019 Health Premiums and Contributions Effective 11/1/2019 MEO Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution Kaiser Single 551.00 551.00 0.00 0.00 Two-Party 1,188.00 1,103.53 84.47 38.99 Family 1,555.00 1,267.56 287.44 132.66 Blue Shield HMO Single 733.00 733.00 0.00 0.00 Two-Party 1,602.00 1,161.06 440.94 203.51 Family 2,072.00 1,342.20 729.80 336.83 Blue Shield PPO Single 780.00 780.00 0.00 0.00 Two-Party 1,649.00 1,307.80 341.20 157.48 Family 2,043.00 1,473.36 569.64 262.91 Blue Shield CDHP Single 573.00 573.00 0.00 0.00 Two-Party 1,213.00 1,213.00 0.00 0.00 Family 1,501.00 1,473.36 27.64 12.76 Delta Dental PPO Single 56.00 42.88 13.12 6.06 Two-Party 104.60 81.82 22.78 10.51 Family 137.90 116.36 21.54 9.94 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.33 17.84 5.49 2.53 Two-Party 23.33 17.84 5.49 2.53 Family 23.33 17.84 5.49 2.53 Medical Opt-Out: $551.00 per month ($254.31 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations 64 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 14 2020 Health Premiums and Contributions Effective 1/1/2020 MEO Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution Kaiser Single 584.00 584.00 0.00 0.00 Two-Party 1,259.00 1,103.53 155.47 71.76 Family 1,648.00 1,267.56 380.44 175.59 Blue Shield HMO Single 733.00 733.00 0.00 0.00 Two-Party 1,602.00 1,161.06 440.94 203.51 Family 2,072.00 1,342.20 729.80 336.83 Blue Shield PPO Single 780.00 780.00 0.00 0.00 Two-Party 1,649.00 1,307.80 341.20 157.48 Family 2,043.00 1,473.36 569.64 262.91 Blue Shield CDHP Single 573.00 573.00 0.00 0.00 Two-Party 1,213.00 1,213.00 0.00 0.00 Family 1,501.00 1,473.36 27.64 12.76 Delta Dental PPO Single 53.90 42.88 11.02 5.09 Two-Party 100.60 81.82 18.78 8.67 Family 132.70 116.36 16.34 7.54 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.33 17.84 5.49 2.53 Two-Party 23.33 17.84 5.49 2.53 Family 23.33 17.84 5.49 2.53 Medical Opt-Out: $584.00 per month ($269.54 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations 3. Future Premiums and City Contributions Effective (the pay period that includes) January 1, 2019, the City’s monthly contribution to medical premiums (only) will be increased $100.00 per month, per medical plan, per enrollment tier, up to, but not to exceed the monthly plan premium cost. Effective (the pay period that includes) November 1, 2019, the City’s monthly contribution to medical premiums (only) will be increased $50.00 per month, per medical plan, per enrollment tier, up to, but not to exceed the monthly plan premium cost. For the term of this agreement, and thereafter unless modified by negotiated agreement of the parties, the City’s monthly contributions to medical, dental and vision insurance shall remain as specified for the 2019 and 2020 Health Premiums and Contribution amounts, unless otherwise specified herein. 65 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 15 As a result of these formulas, it is understood that the employee contribution shall not decrease during the term of this Agreement nor is there any expectation of compensation or benefit in the event the City’s contribution cap is not reached. Employee payroll deductions shall be made on a pre-tax basis. 4. Medical Cash-Out If an employee is covered by a group medical plan outside of a city-provided program (evidence of which must be supplied to the Human Resources Department), the employee may elect to discontinue City medical coverage and receive the amount equal to the City’s contribution to the lowest cost, Employee-only medical premium offered to this unit. 5. Section 125 Plan This plan allows employees to use pre-tax salary to pay for childcare, adult dependent care and/or medical expenses allowable under the Internal Revenue Service rules for a Section 125 plan. C. Life and Accidental Death & Dismemberment Each employee is provided with $50,000 (fifty thousand) life insurance and $50,000 (fifty thousand) accidental death & dismemberment insurance paid for by the City. Each employee shall have the option, at his or her own expense, to purchase additional amounts of life insurance and accidental death & dismemberment insurance to the extent provided by the City’s current providers. Evidence of insurability is contingent upon total participation in additional amounts. D. Long Term Disability Insurance This program provides, for each incident of illness or injury, a waiting period of thirty (30) calendar days, during which the employee may use accumulated sick leave, general leave pay, or the employee may elect to be in an unpaid status. Subsequent to the thirty (30) day waiting period, the employee will be covered by an insurance plan paid for by the City, providing 66 2/3 (sixty six and two-third) percent of the first $12,500 (twelve thousand five hundred) of the employee’s basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age sixty five (65). Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, Worker’s Compensation, Social Security and other non-private program benefits to which the employee may be entitled. Disability is defined as: “The inability to perform all of the duties of regular occupation during two years, and thereafter the inability to engage in any employment or occupation for which the employee is fitted by reason of education, training or experience.” Rehabilitation benefits are provided in the event the individual, due to disability, must engage in another occupation. Survivor’s benefits continue plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources Divisionepartment. 66 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 16 The intent of long term disability is to assist employees who are off work for an extended period of time. While long term disability benefits can be coordinated with accrued leave benefits to achieve one hundred percent (100%) of regular salary, no employee may receive more than their regular salary while receiving disability benefits and paid leave. E. Miscellaneous 1. City-Paid Premiums While on Medical Disability When an employee is off work without pay for reason of medical disability, the City shall maintain the City-paid employee’s insurance premiums during the period the employee is in an unpaid status for the length of said leave, not to exceed twenty-four (24) months. 2. Insurance and Benefits Advisory Committee The City and the Association participate in a City-wide joint labor and management insurance and benefits advisory committee to discuss and study issues relating to insurance and benefits available for employees. F. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004 and are granted a retirement allowance by the California Public Employees’ Retirement System and are not eligible for the City’s Retiree Subsidy Medical Plan may choose to participate in City-sponsored medical insurance plans until the first of the month in which they turn age sixty-five (65). The retiree shall pay the full premium for City-sponsored medical insurance for him/her themself and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowance from the California Public Employees’ Retirement System and are not eligible for the City’s Retiree Subsidy Medical Plan and choose not to participate in City-sponsored medical insurance upon retirement, permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City’s Retiree Subsidy Medical Plan chooses not to participate in City-sponsored medical insurance plans because the retiree has access to other group medical insurance and subsequently loses eligibility for that group medical insurance, the retiree and qualified dependents will have access to City-sponsored medical insurance plans reinstated. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). G. Post-65 Supplemental Medicare Coverage 67 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 17 Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City-sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City- sponsored medical insurance plans that are supplemental to Medicare. A retiree or qualified dependent must choose to participate in City-sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in City-sponsored medical insurance plans that are supplemental to Medicare for him/herthemself or qualified dependents without any City subsidy. Retirees or qualified dependents, upon turning age sixty five (65), who choose not to participate in City-sponsored medical insurance plans that are supplemental to Medicare permanently lose their eligibility for this insurance. H. Annual Maximum Benefit for Dental PPO Plan The Dental PPO plan maximum annual benefit is $2,000. ARTICLE XI –- RETIREMENT BENEFITS A. Benefits 1. Self-Funded Supplemental Retirement Benefit Employees hired prior to August 17, 1998 are eligible for the Self-Funded Supplemental Retirement Benefit, which provides that: a. In the event a member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees’ Retirement Law, the City shall pay the difference between such elected options and the unmodified allowance which the member would have received for his or her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21458 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. This benefit is vested for employees covered by this Agreement. b. Employees hired on or after August 17, 1998 shall not be eligible for this benefit referenced in A.1.a. herein above. 2. Medical Insurance for Retirees 68 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 18 a. Medical Insurance Upon Retirement Upon retirement, whether service or disability, each employee shall have the following options in regards to medical insurance under City-sponsored plans: i. With no change in benefits, retirees can stay in any of the plans offered by the City, at the retiree’s own expense, for the maximum time period allowed by Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) Federal or State Law, or ii. Retirees retiring after approval of this MOU may participate in the Retiree Subsidy Medical Plan, attached hereto as Exhibit B, or the Health Maintenance Organization (HMO) Plan currently being offered to retirees at the retiree’s own expense if the requirements set forth in Exhibit B are met, or if the retiree meets the eligibility requirements described in Exhibit B, the retiree may receive a subsidy from the City for retiree medical insurance pursuant to the schedule set forth in Exhibit B. B. Public Employees’ Retirement System Reimbursement and Reporting 1. “Classic Member” Miscellaneous Unit Members a. Retirement Formula - Members of the City’s miscellaneous retirement plan with the California Public Employees’ Retirement System (CalPERS) shall receive the 2.5% at age 55 CalPERS retirement plan. b. Classic Members Miscellaneous CalPERS Member Contribution - All miscellaneous bargaining unit “classic” members shall pay to CalPERS as part of the required member retirement contribution eight percent (8%) of pensionable income. c. Classic Member Miscellaneous CalPERS Cost Sharing – Upon the effective date of this agreement, all classic members shall pay one percent (1%) additional compensation earnable as employer cost sharing in accordance with Government Code section 20516(f) - for a capped maximum employee pension contribution of nine percent (9%). The parties agree that this cost sharing agreement per Government Code section 20516(f) shall continue after the expiration of this MOU unless/until otherwise negotiated to either an agreement (in a successor MOU) or the expiration of the impasse process by the parties. d. One-Year Final Compensation - The City shall contract with CalPERS to have retirement benefits calculated based upon the “classic” member employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). e. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. 69 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 19 2. “New Member” Retirement Benefits - For “New Members” within the meaning of the California Public Employees’ Pension Reform Act of 2013 as defined in California Government Code Section 7522.04(f) a. CalPERS New Member Retirement Formula - New Members shall be governed by the two percent at age 62 (2% @ 62) retirement formula set forth in Government Code section 7522.20. b. Final Compensation - 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. c. New Member Miscellaneous CalPERS Member Contribution – All new members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost as established by CalPERS each year in its annual valuation for the City, as required by California Government Code Section 7522.30(c). d. New Member Miscellaneous CalPERS Cost Sharing: Upon the effective date, new members shall cost share 1.00% pensionable compensation in accordance with Government Code section 20516(f). This will ensure that these members will pay 7.25% of pensionable compensation when combined with the 6.25% pensionable compensation that these employees are required to pay as determined by CalPERS’s annual evaluation. If in future fiscal years the member contribution rate for new members shall become greater or less than 6.25% of pensionable compensation, as determined by CalPERS’s annual valuation, employees shall continue to pay one percent (1%) above as cost sharing per Government Code section 20516(f). 3. Pre-Retirement Optional Settlement 2 Death Benefit Employees receive the benefit of the Pre-Retirement Optional Settlement 2 Death Benefit, as identified in Government Code Section 21548 with CalPERS. 4. Fourth Level of 1959 Survivor Benefits Employees receive the benefit of the Fourth Level of the 1959 Survivor Benefit, as identified in Government Code Section 21574 with CalPERS. 5. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) and 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. 70 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 20 ARTICLE XII –- LEAVE BENEFITS A. General Leave 1. Accrual Employees accrue General leave at the accrual rates outlined below. General leave may be used for any purpose, including vacation, sick leave, and personal leave. 2. Eligibility and Approval a. General leave must be pre-approved except for illness, injury or family sickness, which may require a physician’s statement for approval. General leave accrued time is to be computed from the employee’s anniversary of their hiring date. b. Employees are not permitted to take general leave in excess of actual time earned. Employees shall not accrue general leave in excess of six hundred forty (640) hours. An employee who earns general leave hours in excess of six hundred forty (640) hours shall be paid the cash value of those additional hours in their paycheck. i. Employees in this unit hired on or after October 1, 2016, shall not be eligible for this benefit. General Leave shall be capped at six hundred forty hours (640) for employees hired on or after 10/1/16. This provision shall not sunset at the expiration of this agreement. c. Employees may not use their general leave to advance their separation date on retirement or other separation from employment. 3. Leave Benefit Entitlements The City shall comply with all State and Federal leave benefit entitlement laws. An eligible employee on an approved leave is permitted to use earned Sick Leave, General Leave, and/or Administrative Leave for serious and non-serious family or personal health issues. For more information on employee leave options contact the Human Resources Divisionepartment. 4. Conversion to Cash Twice during each fiscal year, each employee has the option to convert into a cash payment or deferred compensation up to a total of one hundred sixty (160) hours of Years of Service Annual General Leave Allowance Bi-Weekly General Leave Allowance First through Fourth Year 176 Hours 6.77 Fifth through Ninth Year 200 Hours 7.69 Tenth through Fourteenth Year 224 Hours 8.62 Fifteenth Year and Thereafter 256 Hours 9.85 71 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 21 earned general leave benefits at the base hourly rate. The employee shall give two (2) weeks advance notice to Payroll of his/hertheir desire to exercise such option. B. City Paid Holidays 1. Permanent full-time employees shall receive the following paid holidays per the employee’s regularly scheduled work shift: a. 1. New Year’s Day (January 1) b. 2. Martin Luther King Jr. Day, (third Monday in January) c. 3. Presidents Day (third Monday in February d. 4. Memorial Day (last Monday in May) e. 5. Independence Day (July 4) e. f. 6. Labor Day (first Monday in September) f. g. 7. Veteran’s Day (November 11) g. h. 8. Thanksgiving Day (fourth Thursday in November) h. i. 9. The Friday after Thanksgiving i. j. 10. Christmas Eve (December 24) k. Christmas Day (December 25) j.l. New Year’s Eve (December 31) Any day declared by the President of the United States to be a national holiday and adopted as an employee holiday by the City Council of Huntington Beach. 2. The parties agree that the City shall issue an official City holiday calendar in January of each year that will determine the dates that holidays are observed, following the guidelines below: a. City paid holidays which fall on Saturday shall be observed the preceding Friday, and those falling on Sunday shall be observed the following Monday. b. In the event that two consecutive City paid holidays fall on a Friday and Saturday, the two holidays shall be observed on the preceding Thursday and Friday. a.c. In the event that two consecutive City paid holidays fall on a Sunday and Monday, the two holidays shall be observed on Monday and the following Tuesday. 2. In the event that an employee is required to work on a City paid holiday, the holiday hours shall be credited to the employee’s general leave bank. Approval of this transaction shall be handled by the Department Head or designee, in the payroll period that includes the holiday worked. 3. 3. If a City paid holiday falls on an employee’s scheduled day off and with approval from the Department Head or designee, the employee may take another day off during the same 72 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 22 payroll period as the holiday, or opt to be credited with general leave the number of hours of the employee’s regularly scheduled work shift. 4. 5. A permanent half-time (1/2)part-time or three quarter-time (3/4) employee shall have City paid holidays paid as time off with a pro-rated amount of four (4) or six (6) hoursin proportion to their regular hours worked, respectively. C. Sick Leave 1. Accrual – No employee shall accrue sick leave after December 24, 1999. 2. Credit – Employees shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usage – Employees may use accrued sick leave for the same purposes for which it was used prior to December 25, 1999. 4. Pay Off At TerminationSeparation a. Employees on the payroll on November 20, 1978, are entitled to the following sick leave payoff plan: At involuntary termination separation by reason of disability, or retirement, employees (or in the case of death, their beneficiary) shall be compensated at their then current rate of pay for seventy-five percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of seven hundred twenty (720) hours of unused, accumulated sick leave, except as provided in paragraph 4 below. Upon termination separation for any other reason, employees shall be compensated at their then current rate of pay for fifty percent (50%) of all unused, accumulated sick leave, up to a maximum of seven hundred twenty (720) hours of such accumulated sick leave. b. Employees hired after November 20, 1978, shall be entitled to the following sick leave payoff plan: Upon terminationseparation, all employees shall be paid, at their then current salary rate, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720) hours, except as provided in paragraph 4 below. c. Except as provided in paragraph 4d. below, no employee shall be paid at termination separation for more than seven hundred twenty (720) hours of unused, accumulated sick leave. However, employees may utilize accumulated sick leave on the basis of “last in, first out” meaning that sick leave accumulated in excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8. 73 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 23 d. Employees who had unused, accumulated sick leave in excess of seven hundred twenty (720) hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination separation under the formulas described in paragraphs 1 and 2 above. In no event shall any employee be compensated upon termination separation for any accumulated sick leave in excess of the “cap” established by this paragraph (i.e., seven hundred twenty (720) hours plus the amount over seven hundred twenty (720) hours existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that date in excess of such “cap” on a “last in, first out” basis. e. To the extent that any “capped” amount of excess sick leave over seven hundred twenty (720) hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six months after July 5, 1980, employee has accumulated another 48 hours. Employee is then sick for 120 hours. Employee’s maximum sick leave “cap” for compensation at termination separation is now reduced by seventy two (72) hours to nine hundred twenty eight (928) hours). f. Employees electing to participate in the City’s group health insurance program after retirement can request the premiums to be paid by the City out of any available funds due and owing them under the terms of this agreement for unused sick leave benefits upon retirement. D. Voluntary Catastrophic Leave Donation Program Under certain conditions, an employee may donate leave time to another employee in need. The program is outlined in Exhibit FG. E. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed three (3) work shifts in each instance of death in the their immediate family. Immediate family is defined as a father, motherparent, sister, brothersibling, spouse, registered domestic partner, children, grandfather, grandmothergrandparent, 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, recognizing all birth, marital, and other legal ties (i.e., step relatives, in-laws, etc.).. F. Release Time Notwithstanding any other provisions of this Agreement, the Association and the City agree to continue discussion during the term of the MOU on Release Time for negotiation, including City’s consideration of the number of hours, based on the establishment of a mutually agreed upon written provision for the use of such leave by Association representatives and its members. Such leave shall be limited to use for the purpose of Association business not covered within the scope of legal requirements. It remains the 74 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 24 City’s intent to enforce reasonable standards for the administration and control of current Release Time use. ARTICLE XIII –- CITY RULES A. Personnel Rules All MOU provisions that supersede the City’s Personnel Rules shall automatically update the City’s Personnel Rules and be incorporated into such rules. B. Employer-Employee Relations Resolution During the term of the agreement, the City and the Association agree to update the Employee-Employer Relations Resolution to reflect current State law. 1. Modification of Section 7 – Decertification and Modification a. The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer-Employee Relations Resolution of the City of Huntington Beach. b. The City and the Association have agreed to a procedure whereby the City, by and through the Administrative Services Director of Human Resources, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335) upon the City having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer-Employee Relations Resolution is as follows: 7.3 Administrative Services Director of Human Resources Motion of Unit Modification - The Director of Human Resources may propose, during the same period for filing a petition for decertification, that an established unit be modified in accordance with the following procedure: i. The Administrative Services Director of Human Resources shall give written notice of the proposed modification(s); to any affected employee organization and any affected employees. 75 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 25 ii. The Personnel Commission shall hold a meeting concerning the proposed modification(s) at which time all affected employee organizations and employees shall be heard. iii. Thereafter, the Personnel Commission shall determine the composition of the appropriate unit or units and shall give written notice of such determination to the affected employee organizations and any affected employees. The City Manager, employee organization or employee aggrieved by an appropriate unit determination of the Personnel Commission may, within ten (10) days of notice thereof, request a review of such determination by the City Council. Within thirty (30) days of receipt of a request to review a unit determination of the Personnel Commission the City Council shall review the matter. The City Council’s decision shall be final. iv. Except as provided otherwise in this MOU, the salary, benefit, and working conditions specified by this MOU shall be provided to employees in classifications listed in Exhibit A and have completed or are in the process of completing a probationary period in a permanent position in the competitive service in which the employee regularly works twenty (20) hours or more per week. C. Rules Governing Layoff, Reduction in Lieu of Layoff and Re-Employment 1. Part 1 – Layoff Procedure a. General Provisions 1) Whenever it is necessary, because of lack of work or funds to reduce the staff of a City department, employees may be laid off pursuant to these rules. 2) Whenever an employee is to be separated from the competitive service because the tasks assigned are to be eliminated or substantially changed due to management-initiated changes, including but not limited to automation or other technological changes, it is the policy of the City that steps be taken by the Human Resources Divisionepartment on an interdepartmental basis to assist such employee in locating, preparing to qualify for, and being placed in other positions in the competitive service. This shall not be construed as a restriction on the City government in effecting economies or in making organizational or other changes to increase efficiency. 3) A department shall reduce staff by identifying which positions within the department are to be eliminated. 4) The employee who has the least City-wide service credit in the class within the department shall have City-wide transfer rights in the class pursuant to Part 1, Section 3, Transfer or Reduction to Vacancies in Lieu of Layoffs, or within the occupational series pursuant to Part 2, Bumping Rights. 5) If a deadline within this procedure falls on a day that City Hall is closed, the deadline shall be the next day City Hall is open. 76 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 26 b. Service Credit 1) Service credit means total time of full-time continuous service within the City at the time the layoff is initiated, including probation, paid leave, or military leave. Permanent part-time employees earn service credit on a prorated-rata basis. 2) Except as required by law, leaves of absence without pay shall not earn service credit. 3) As between two or more employees who have the same amount of service credit, the employee who has the least amount of service in class shall be deemed to be the least senior employee. c. Transfer or Reduction to Vacancies in Lieu of Layoff 1) In lieu of layoff, a transfer within class shall be offered to an employee(s) with the least amount of service credit in the class designated for staff reduction within a department subject to the following: a) The employee has the necessary qualifications to perform the duties of the position. b) The employee shall be given the opportunity, in order of service credit, to accept a transfer to a vacant position in the same class within the City, provided the employee has the necessary qualifications to perform the duties of the position. c) If no position in the same class is vacant, the employee shall be given the opportunity, in order of service credit, to transfer to the position in the same class that is held by an incumbent in another department with the least amount of service credit whose position the employee has the necessary qualifications to perform. 2) If an employee(s) is not eligible for transfer within the employee's class, the employee shall be offered, in order of service credit, a reduction to a vacant position in the next lower class within the City in the occupational series in lieu of layoff provided the employee has the necessary qualifications to perform the duties of the position. 3) If the employee refuses to accept a transfer or reduction pursuant to a. or b., above, the employee shall be laid off. a) If the employee(s) in the class with the least amount of service credit is in the position(s) to be eliminated or displaced by transfer, the employee shall be offered bumping rights, pursuant to Part 2, Bumping Rights. 77 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 27 b) Any employee who takes a reduction to a position in a. lower class within the occupational series in lieu of layoff shall be placed on the reinstatement/reemployment list(s) pursuant to Part 3. Re-employment. 2. Order of Layoff a. Prior to implementing a layoff, vacant positions that are authorized to be filled shall be identified by City-wide occupational series. If the employee refuses to accept a position pursuant to Section 3. above, the employee shall be laid off. b. No promotional probationary employee or permanent employee within a class in the department shall be laid off until all temporary, nonpermanent part-time and non- promotional probationary employees in the class are laid off. Permanent employees whose positions have been eliminated may exercise citywide bumping rights to a lower class in the occupational series pursuant to Part 2. c. When a position in a class and/or occupational series is eliminated, any employee in the class who is on authorized leave of absence or is holding a temporary acting position in another class shall be included for determining order of service credit and be subject to these layoff procedures as if the employee was in his or her permanent position. 3. Notification of Employees a. The Human Resources Divisionepartment shall give written notice of layoff to the employee by personal service or by sending it by certified mail to the last known mailing address at least thirty (30) calendar days prior to the effective date of the layoff. Normally notices will be served on employees personally at work. b. Layoff notices may be initially issued to all employees who may be subject to layoff as a result of employees exercising voluntary reduction/bumping rights. c. The notice of layoff shall include the reason for the layoff, the effective date of the layoff, the employee's hire date, and the employee's service credit ranking. The notice shall also include the employee's right to bump the person in a lower class with the least service credit within the occupational series provided the employee possesses the necessary qualifications to successfully perform the duties in the lower class and the employee has more service credit than the incumbent in the lower class. d. The written layoff notice given to an employee shall include notice that he or she has seven (7) calendar days from the date of personal service, or date of delivery of mail if certified, to notify the Administrative Services Director of Human Resources in writing if the employee intends to exercise the employee's bumping rights, if any, pursuant to Part 2, Bumping Rights. 78 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 28 e. Whenever practicable, any employee with the least amount of service credit in a lower class within an occupational series which is identified for work force reduction shall also be given written notice that such employee may be bumped pursuant to Part 2. This notice shall include the items referred to in C., above. f. If an employee disagrees with the City's computation of service credit or listed date of hire, the employee shall notify the Administrative Services Director of Human Resources as soon as possible, but in no case later than five (5) calendar days after the personal service or certified mail delivery. Disputes regarding date of hire or service credit shall be jointly reviewed by the Administrative Services Director of Human Resources and the employee and/or the employee's representative as soon as possible, but in no case later than five (5) calendar days from the date the employee notifies the Administrative Services Director of Human Resources of the dispute. Within five (5) calendar days after the dispute is reviewed, the employee shall be notified in writing of the decision. 4. Part 2 – Bumping Rights a. Voluntary Reduction or Bumping in Lieu of Layoff 1) A promotional probationary employee or permanent employee who receives a layoff notice may request a reduction to a position in a lower class within the occupational series provided the employee possesses the necessary qualifications to perform the duties of the position. 2) Employees electing reduction under “a” above, shall be reduced to a position authorized to be filled in a lower class within the employee's occupational series. The employee may reduce to a lower class in his/hertheir occupational series by: 1) filling a vacancy in that class, or 2) if no vacancy exists, displacing the employee in the class with the least service credit whose position the employee has the necessary qualifications to perform. A displaced employee shall have bumping rights. 3) An employee who receives a layoff notice must exercise bumping rights within seven (7) calendar days of receipt of the notice as specified in Part 1 - Layoff Procedure. Failure to respond within the time limit shall result in a reputable presumption that the employee does not intend to exercise any right of reduction or bumping to a lower class. The employee must carry the burden of proof to show that the employee's failure to respond within the time limits was reasonable. If the employee establishes that failure to respond within the time limit was reasonable, to the Administrative Services Director of Human Resources satisfaction, the employee shall be permitted to exercise bumping rights, but shall not be reinstated to a paid position until the employee to be bumped has vacated the position. If the employee disagrees with the Administrative Services Director of Human Resources decision, the employee may appeal pursuant to the provisions of Sections 3 and 4 below. 79 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 29 b. Reinstatement/Re-Employment Lists Any employee who takes a reduction to a position in a lower class within the occupational series in lieu of layoff shall be placed on tile reinstatement/re- employment list pursuant to Part 3, Re-Employment. c. Qualifications Appeal Any employee who is denied a reduction to a position in a lower class within the occupational series on the basis that the employee does not possess the necessary qualifications to successfully perform the duties of the lower position may appeal the decision. The appeal shall be filed with the Administrative Services Director of Human Resources within five (5) calendar days of the employee's receipt of written notice of the decision and reason(s) for denial. The employee's appeal shall be in writing and shall include supporting facts or documents supporting the appeal. d. Qualifications Appeal Hearing 1) Upon receipt of an appeal, the Administrative Services Director of Human Resources shall contact a mediator from the California State Mediation and Conciliation Service to schedule a hearing within two (2) weeks after receipt of the appeal. If the California State Mediation and Conciliation Service is not available within that time frame, the parties shall mutually select a person who is available within the time frame. If the California State Mediation and Conciliation Service and the person mutually selected are not available within the time frame, the parties shall select the earliest date either is available to conduct the hearing. The parties shall split the cost, if any, of the hearing officer. In addition, the parties shall meet within three (3) workdays to attempt to resolve the dispute. If the dispute remains unresolved, the parties shall endeavor in good faith to submit to the hearing officer a statement of all agreed upon facts relevant to the hearing. 2) Appeal hearings shall be limited to two (2) hours, except as otherwise agreed by the parties or directed by the hearing officer. 3) The hearing officer shall attempt to resolve the dispute by mutual agreement if possible. If no agreement is reached, the hearing officer shall render a decision at the conclusion of the hearing, which shall be final and binding 5. Part 3 – Re-Employment a. Re-Employment 1) Employees who are laid off or reduced in class to avoid layoff shall have their names placed upon a re-employment list, for each class in the occupational series, in seniority order at or below the level of the class from which laid off or reduced. 80 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 30 2) Names of persons placed on the re-employment lists shall remain on the list for two (2) years from the date of layoff or reduction. 3) Vacancies shall be filled from the re-employment list for a class, starting at tile top of the list, providing that the person meets the necessary qualifications for tile position. 4) Names of persons are to be removed from the reemployment list for a class if on two (2) occasions they decline an offer of employment or on two (2) occasions fail to respond to offers of employment in a particular class within five (5) calendar days of receipt of written notice of an offer. Any employee who is dismissed from the City service for cause shall have his or her name removed from all re- employment lists. 5) Re-employment lists shall be available to HBMEO and affected employees upon reasonable request, 6) Qualification appeals involving re-employment rights shall be resolved in the same manner as that identified in Part 2. Section 4. b. Status on Re-Employment 1) Persons re-employed from layoff within a two (2) year period from the date of layoff shall receive the following considerations and benefits: a) Service credit held upon layoff shall be restored, but no credit shall be added for the period of layoff. b) Prior service credit shall be counted toward General Leave accruals. c) Employees may cash in sick leave upon layoff or at any time after layoff in the manner and amount set forth in existing Memoranda of Understanding for that employee's unit. General Leave shall be paid to an employee when the re-employment list(s) expire(s), if not previously paid. d) Upon reinstatement the employee may have his or her General Leave re- credited by repayment to the City the cashed amount. e) The employee shall be returned to the salary step of the classification held at the time of the layoff and credited with the time previously served at that step prior to being laid off. f) The probationary status of the employee shall resume if incomplete. 81 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 31 2) Employees who have been reduced in class to avoid layoff and are returned within two (2) years to their former class shall be placed at the salary step of the class they held at the time of reduction and have their merit increase eligibility date recalculated. ARTICLE XIV – DURING THE TERM OF THE AGREEMENT A. Classification and Compensation Study During the term of the agreement, the parties agree to commence a city-wide classification and compensation study. The City shall meet and confer regarding parameters and procedures of the citywide classification and compensation study that commenced in April 2021. B. Performance Evaluations During the term of the agreement, the parties agrees to meet and confer on an updated performance evaluation system, including the Performance Bonus implementation. i. Holiday Closure City Hall will be closed to the public on December 24, 2020 and December 31, 2020. During the term of the agreement, the parties agree to meet and discuss holiday closure procedures. ARTICLE XV –- MISCELLANEOUS A. Physical Examination Employees shall be provided, once every two (2) years, with a City-paid physical examination. Said exam shall be comprehensive in nature and shall include: 1. A complete medical history, physical exam, laboratory testing and review of results by a physician. (See Exhibit CD, Physical Exam Description.) 2. A stress EKG will be provided for employees forty (40) years of age or older. No more than one-half (1/2) of the eligible employees shall receive examinations in any one fiscal year. B. Vehicle Policy 1. Approval is required by the City Manager or his/hertheir designee for any City vehicle to be taken home by an employee. 82 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 32 2. Approval is required by the City Manager for any individual occupying a classification eligible for the auto allowance to receive the compensation. 3. The auto allowance for qualifying employees is two hundred seven dollars and sixty-nine cents ($207.69) bi-weekly. 4. No unit employee shall have their automobile allowance eliminated until the City’s Fleet Management Policy is re-negotiated. 5. Eligibility for automobile allowance shall be determined in accordance with the City’s Fleet Management Program dated August 1999 and as specified pursuant to Administrative Regulations 407 and 604. 6. Employees assigned to drive a Ccity vehicle and/or employees receiving an Auto Allowance will participate in the DMV Pull Notice Program. 7. Employees in the following classifications are eligible to receive Auto Allowance:  Administrative Services Manager  Assistant to the City Manager  Assistant Fire Marshal  Beach Operations Supervisor  Building Manager  Business Systems Manager  City Engineer  Community Services Manager  Construction Manager  Deputy City Treasurer*  Deputy Director of Economic Development  Deputy Fire Marshal  Detention Administrator  Economic Development Manager  Environmental Services Manager  Facilities, Development & Concessions Manager  Facilities Maintenance Supervisor  Finance Manager, Treasury*  Fire Marshal  Fleet Operations Supervisor  General Services Manager  Housing Manager  Human Resources Manager  Information Technology Manager - Systems  Inspection Manager  Inspection Supervisor  Landscape Maintenance Supervisor  Maintenance Operations Manager 83 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 33  Parking/Camping Facility Supervisor  Planning Manager  Police Administrative Division Services Manager  Police Administrative Services Manager  Police Communications Manager  Police Records Administrator  Principal Electrical Inspector  Principal Plumbing Mechanical Inspector  Public Affairs Manager  Risk Manager  Senior Information Technology Manager  Street Maintenance Supervisor  Transportation Manager  Tree Maintenance Supervisor  Utilities Manager  Wastewater Supervisor  Water Distribution SuperintendentSupervisor  Water Production Supervisor  Water Quality Supervisor *Grandfathered incumbent only. New or revised job classifications may become eligible to receive Auto Allowance during the term of this MOU, as approved by the City Manager. C. Deferred Compensation 1. Loan Program In accordance with federal law, employees may borrow from their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. 2. Deferred Compensation Contribution at Time of Separation In accordance with Internal Revenue Service rules, the value of any unused earned leave benefits may be transferred to deferred compensation at separation (including retirement), but only during the time that the employee is actively employed with the City. The latest opportunity for such transfer must be the pay period prior to the employee’s last day of employment. D. Collection of Payroll Overpayments In the event that a payroll overpayment 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 shall 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. 84 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 34 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. E. Required Fingerprinting of Employees The City requires all employees who are hired, transferred, or promoted to positions with oversight responsibilities for senior citizens to be fingerprinted for California Department of Justice (DOJ) clearance that require fingerprinting by federal, state or local law(s). Fingerprinting shall be done in accordance with said law(s). The City may also require employees be fingerprinted if they are transferred, or promoted to positions with oversight responsibilities for senior citizens or oversight responsibilities for confidential, and/or sensitive documents or equipment. F. Acting Assignment Acting assignments are not intended to exceed six (6) months unless extraordinary circumstances warrant an extension as recommended and approved by the Administrative Services Director of Human Resources. Under no circumstances shall an acting assignment exceed one (1) year, nor shall it be considered a reclassification or a promotion. Acting pay must be a minimum of five percent (5.5%), or the top step of the range if less than five percent (5%), and the Department Head has the discretion to set compensation at any step on the pay range of the acting class, not to exceed the top step of the range. G. Return to Work Policy The City and Association agree to reopen this agreement to establish a Return to Work Policy for employees who experience industrial and non-industrial injury and/or illness. H. Controlled Substance and Alcohol Testing 85 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 35 The City maintains the right to conduct a controlled substance and/or alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace. I. Management and Executive Management Relations Committee During the term of this agreement, the City and MEO agree to meet quarterly to discuss ways to improve management and executive management relations. J. Public Employee Disaster Service Worker In accordance with Government Code Section 3100, all Huntington Beach City employees, including all members of this bargaining unit, are required to perform assigned disaster service worker duties in the event of an emergency or a disaster. 86 MANAGEMENT EMPLOYEES’ ORGANIZATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 36 ARTICLE XV –- CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect 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 ____________, 20210. CITY OF HUNTINGTON BEACH A Municipal Corporation HUNTINGTON BEACH MANAGEMENT EMPLOYEES’ ORGANIZATION By: By: Oliver Chi City Manager Debra Jubinsky MEO President By: By: Travis Hopkins Assistant City Manager Aaron Peardon OCEA Representative By: : Brittany Mello Interim Administrative Services Director Approved as to Form: By: Michael E. Gates City Attorney 87 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 37 MEO Salary Schedule 3.5% Effective 11-01-19the Pay Period Including January 1, 2022 Job No Job Description Pay Grade A B C D E 0025 Admin Analyst MEO025 37.65 39.72 41.92 44.23 46.65 0084 Admin Analyst Principal MEO084 46.91 49.48 52.21 55.07 58.10 0089 Admin Analyst Sr MEO089 43.33 45.71 48.21 50.86 53.66 0078 Assistant City Attorney MEO078 66.53 70.18 74.03 78.10 82.40 0132 Assistant City Clerk MEO132 40.40 42.61 44.95 47.42 50.03 0595 Assistant Fire Marshal MEO595 48.33 50.99 53.79 56.76 59.86 0057 Assistant to the City Manager MEO057 50.55 53.32 56.26 59.35 62.62 0123 Associate Civil Engineer MEO123 43.75 46.15 48.69 51.37 54.20 0071 Associate Planner MEO071 41.00 43.24 45.62 48.14 50.79 0569 Beach Maint Operations Mgr MEO569 52.61 55.50 58.55 61.77 65.16 0044 Beach Operations Supervisor MEO044 43.11 45.47 47.97 50.61 53.40 0064 Budget Analyst Senior MEO064 41.62 43.90 46.33 48.87 51.56 0598 Building Manager MEO598 60.49 63.82 67.33 71.02 74.93 0024 City Engineer MEO024 68.87 72.67 76.66 80.87 85.33 0125 Code Enforcement Supervisor MEO125 42.88 45.24 47.72 50.35 53.13 0471 Community Relations Officer MEO471 46.91 49.48 52.21 55.07 58.10 88 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 38 0353 Community Services Manager MEO353 52.61 55.50 58.55 61.77 65.16 0097 Construction Manager MEO097 52.61 55.50 58.55 61.77 65.16 0085 Contract Administrator MEO085 44.85 47.32 49.92 52.67 55.56 0081 Deputy City Attorney I MEO081 43.75 46.15 48.69 51.37 54.20 0080 Deputy City Attorney II MEO080 52.61 55.50 58.55 61.77 65.16 0079 Deputy City Attorney III MEO079 60.49 63.82 67.33 71.02 74.93 0068 Deputy City Engineer MEO068 58.69 61.92 65.34 68.93 72.72 0571 Deputy Dir of Econ Development MEO571 59.60 62.87 66.33 69.99 73.83 0486 Detention Administrator MEO486 43.33 45.71 48.21 50.86 53.66 0039 Econ Development Proj Mgr MEO039 47.84 50.48 53.25 56.17 59.26 0580 Energy Project Manager MEO580 47.84 50.48 53.25 56.17 59.26 0923 Environmental Services Manager MEO923 47.84 50.48 53.25 56.17 59.26 0474 Facilities, Devel & Conc Mgr MEO474 50.05 52.80 55.70 58.76 61.99 0050 Facilities Maint Supervisor MEO050 43.11 45.47 47.97 50.61 53.40 0879 Finance Manager - Accounting MEO879 54.20 57.17 60.33 63.65 67.14 0889 Finance Manager - Budget MEO889 54.20 57.17 60.33 63.65 67.14 0899 Finance Manager - Fiscal Services MEO899 54.20 57.17 60.33 63.65 67.14 0869 Finance Manager - Treasury MEO869 54.20 57.17 60.33 63.65 67.14 0131 Fire Medical Coordinator MEO131 42.65 45.00 47.49 50.09 52.86 0130 Fire Protection Analyst MEO130 42.65 45.00 47.49 50.09 52.86 0590 Fleet Operations Supervisor MEO590 43.11 45.47 47.97 50.61 53.40 0581 General Services Manager MEO581 58.13 61.32 64.70 68.25 71.99 89 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 39 0498 GIS Manager MEO498 55.57 58.63 61.84 65.26 68.84 0043 Housing Manager MEO043 55.01 58.04 61.23 64.59 68.14 0006 Human Resources Manager MEO006 57.26 60.40 63.72 67.23 70.93 0489 Info Technology Mgr- Infrastructure MEO489 55.57 58.63 61.84 65.26 68.84 0200 Info Technology Mgr-Operations MEO200 55.57 58.63 61.84 65.26 68.84 0500 Info Technology Mgr-Systems MEO500 59.60 62.87 66.33 69.99 73.83 0075 Inspection Manager MEO075 53.37 56.32 59.42 62.69 66.14 0073 Inspection Supervisor MEO073 45.53 48.03 50.67 53.46 56.40 0251 Investigator MEO251 37.08 39.13 41.29 43.56 45.95 0158 Landscape Architect MEO158 42.65 45.00 47.49 50.09 52.86 0049 Landscape Maint Supervisor MEO049 43.11 45.47 47.97 50.61 53.40 0572 Liability Claims Coordinator MEO572 38.99 41.13 43.40 45.80 48.31 0030 Maintenance Operations Mgr MEO030 58.13 61.32 64.70 68.25 71.99 0490 Network Systems Administrator MEO490 49.78 52.53 55.41 58.47 61.69 903 Parks Development Facilities Project Coordinator MEO903 41.00 43.24 45.62 48.14 50.79 0443 Payroll Systems Analyst MEO443 45.53 48.03 50.67 53.46 56.40 0098 Permit & Plan Check Manager MEO098 60.49 63.82 67.33 71.02 74.93 0209 Permit & Plan Check Supervisor MEO209 42.88 45.24 47.72 50.35 53.13 0453 Personnel Analyst MEO453 37.47 39.53 41.70 43.99 46.42 0060 Personnel Analyst Principal MEO060 46.91 49.48 52.21 55.07 58.10 0464 Personnel Analyst Senior MEO464 42.65 45.00 47.49 50.09 52.86 90 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 40 0099 Plan Check Engineer MEO099 51.06 53.86 56.82 59.96 63.25 0444 Planning Manager MEO444 55.57 58.63 61.84 65.26 68.84 0625 Police Admin Division Srvcs Mgr MEO625 60.49 63.82 67.33 71.02 74.93 0594 Police Admin Services Manager MEO594 48.33 50.99 53.79 56.76 59.86 0022 Police Communications Manager MEO022 43.33 45.71 48.21 50.86 53.66 0094 Police Records Administrator MEO094 43.33 45.71 48.21 50.86 53.66 0028 Principal Accountant MEO028 44.18 46.62 49.17 51.88 54.73 0096 Principal Civil Engineer MEO096 57.85 61.02 64.38 67.92 71.65 0072 Principal Electrical Inspector MEO072 41.41 43.70 46.09 48.63 51.30 896 Principal Finance Analyst MEO0896 47.84 50.48 53.25 56.17 59.26 0076 Principal Inspector Plb/Mech MEO076 41.41 43.70 46.09 48.63 51.30 0482 Principal Librarian MEO482 41.20 43.47 45.86 48.39 51.05 0074 Principal Planner MEO074 52.86 55.77 58.83 62.08 65.48 0579 Project Manager MEO579 47.84 50.48 53.25 56.17 59.26 0037 Project Manager Assistant MEO037 41.00 43.24 45.62 48.14 50.79 0496 Public Safety Systems Manager MEO496 56.41 59.51 62.78 66.23 69.87 0497 Public Safety Systems Supv MEO497 54.47 57.47 60.63 63.95 67.48 0839 Real Estate & Project Manager MEO839 47.84 50.48 53.25 56.17 59.26 0619 Risk Management Analyst MEO619 37.47 39.53 41.70 43.99 46.42 0054 Risk Manager MEO054 55.01 58.04 61.23 64.59 68.14 0069 Senior Civil Engineer MEO069 48.83 51.51 54.34 57.33 60.48 0484 Senior Deputy City Attorney MEO484 63.59 67.09 70.77 74.65 78.77 91 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 41 868 Senior Finance Analyst MEO868 45.49 47.99 50.62 53.41 56.35 499 Senior Info Technology Analyst MEO499 49.55 52.28 55.14 58.18 61.38 0077 Senior Librarian MEO077 35.47 37.43 39.49 41.65 43.94 0036 Senior Planner MEO036 47.84 50.48 53.25 56.17 59.26 0575 Senior Sprvsr Cultural Affairs MEO575 40.40 42.61 44.95 47.42 50.03 0578 Senior Sprvsr Human Services MEO578 40.40 42.61 44.95 47.42 50.03 0519 Senior Risk Management Analyst MEO519 42.65 45.00 47.49 50.09 52.86 0034 Senior Traffic Engineer MEO034 48.83 51.51 54.34 57.33 60.48 0333 Senior Trial Counsel MEO333 68.87 72.67 76.66 80.87 85.33 0457 Special Events Coordinator MEO457 34.09 35.97 37.94 40.03 42.23 0488 Street Maint Supervisor MEO488 43.11 45.47 47.97 50.61 53.40 0133 Supervisor, Prkng & Cmping Fac MEO133 40.40 42.61 44.95 47.42 50.03 0033 Transportation Manager MEO033 60.19 63.49 66.99 70.67 74.56 0051 Tree Maintenance Supervisor MEO051 43.11 45.47 47.97 50.61 53.40 0483 Utilities Manager MEO483 59.28 62.56 65.99 69.62 73.45 0487 Wastewater Supervisor MEO487 43.11 45.47 47.97 50.61 53.40 0052 Water Distribution Supervisor MEO052 43.11 45.47 47.97 50.61 53.40 0053 Water Production Supervisor MEO053 43.11 45.47 47.97 50.61 53.40 0056 Water Quality Supervisor MEO056 43.11 45.47 47.97 50.61 53.40 Job No Job Description Pay Range A B C D E F G 0025 Administrative Analyst 192 37.47 39.34 41.31 43.37 45.54 47.82 50.21 92 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 42 0622 Administrative Services Manager 226 52.55 55.18 57.94 60.83 63.88 67.07 70.42 0078 Assistant City Attorney 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0132 Assistant City Clerk 199 40.17 42.18 44.29 46.50 48.83 51.27 53.83 0057 Assistant to the City Manager 222 50.50 53.03 55.68 58.46 61.38 64.45 67.68 0123 Associate Civil Engineer 207 43.50 45.67 47.96 50.36 52.87 55.52 58.29 0071 Associate Planner 201 40.98 43.03 45.18 47.44 49.81 52.30 54.91 0569 Beach Maintenance Operations Manager 226 52.55 55.18 57.94 60.83 63.88 67.07 70.42 0044 Beach Operations Supervisor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0598 Building Manager 240 60.41 63.43 66.60 69.93 73.42 77.10 80.95 0024 City Engineer 253 68.75 72.19 75.79 79.58 83.56 87.74 92.13 0125 Code Enforcement Supervisor 230 54.69 57.42 60.29 63.30 66.47 69.79 73.28 0471 Community Relations Officer 214 46.64 48.97 51.42 53.99 56.69 59.52 62.50 0353 Community Services Manager 226 52.55 55.18 57.94 60.83 63.88 67.07 70.42 0097 Construction Manager 226 52.55 55.18 57.94 60.83 63.88 67.07 70.42 0085 Contract Administrator 210 44.82 47.06 49.41 51.88 54.48 57.20 60.06 0081 Deputy City Attorney I 207 43.50 45.67 47.96 50.36 52.87 55.52 58.29 0080 Deputy City Attorney II 226 52.55 55.18 57.94 60.83 63.88 67.07 70.42 0079 Deputy City Attorney III 240 60.41 63.43 66.60 69.93 73.42 77.10 80.95 0068 Deputy City Engineer 237 58.63 61.56 64.64 67.87 71.27 74.83 78.57 0571 Deputy Director of Economic Development 238 59.22 62.18 65.29 68.55 71.98 75.58 79.36 0611 Deputy Fire Marshal 205 42.64 44.77 47.01 49.36 51.83 54.42 57.14 0486 Detention Administrator 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0621 Economic Development Manager 230 54.69 57.42 60.29 63.30 66.47 69.79 73.28 0039 Economic Development Project Manager 216 47.57 49.95 52.45 55.07 57.83 60.72 63.75 0580 Energy Project Manager 216 47.57 49.95 52.45 55.07 57.83 60.72 63.75 0923 Environmental Services Manager 216 47.57 49.95 52.45 55.07 57.83 60.72 63.75 0050 Facilities Maintenance Supervisor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0474 Facilities, Development & Concessions Manager 221 50.00 52.50 55.13 57.88 60.78 63.82 67.01 0879 Finance Manager - Accounting 229 54.14 56.85 59.69 62.68 65.81 69.10 72.56 0889 Finance Manager - Budget 229 54.14 56.85 59.69 62.68 65.81 69.10 72.56 93 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 43 0899 Finance Manager - Fiscal Services 229 54.14 56.85 59.69 62.68 65.81 69.10 72.56 0869 Finance Manager - Treasury 229 54.14 56.85 59.69 62.68 65.81 69.10 72.56 0610 Fire Marshal 240 60.41 63.43 66.60 69.93 73.42 77.10 80.95 0131 Fire Medical Coordinator 205 42.64 44.77 47.01 49.36 51.83 54.42 57.14 0590 Fleet Operations Supervisor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0581 General Services Manager 236 58.05 60.95 64.00 67.20 70.56 74.09 77.79 0498 GIS Manager 231 55.23 57.99 60.89 63.94 67.13 70.49 74.02 0043 Housing Manager 230 54.69 57.42 60.29 63.30 66.47 69.79 73.28 0006 Human Resources Manager 238 59.22 62.18 65.29 68.55 71.98 75.58 79.36 0500 Information Technology Manager 238 59.22 62.18 65.29 68.55 71.98 75.58 79.36 0489 Information Technology Manager-Infrastructure 231 55.23 57.99 60.89 63.94 67.13 70.49 74.02 0200 Information Technology Manager-Operations 231 55.23 57.99 60.89 63.94 67.13 70.49 74.02 0632 Information Technology Supervisor 217 48.05 50.45 52.97 55.62 58.40 61.33 64.39 0075 Inspection Manager 227 53.08 55.73 58.52 61.44 64.52 67.74 71.13 0073 Inspection Supervisor 211 45.27 47.53 49.90 52.40 55.02 57.77 60.66 0251 Investigator 190 36.73 38.57 40.49 42.52 44.64 46.88 49.22 0158 Landscape Architect 205 42.64 44.77 47.01 49.36 51.83 54.42 57.14 0049 Landscape Maintenance Supervisor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0572 Liability Claims Coordinator 196 38.99 40.94 42.99 45.13 47.39 49.76 52.25 0030 Maintenance Operations Manager 236 58.05 60.95 64.00 67.20 70.56 74.09 77.79 0490 Network Systems Administrator 220 49.51 51.98 54.58 57.31 60.17 63.18 66.34 0623 Operations Manager 253 68.75 72.19 75.79 79.58 83.56 87.74 92.13 0133 Parking & Camping Facility Supervisor 199 40.17 42.18 44.29 46.50 48.83 51.27 53.83 0903 Parks Development/Facilities Project Coordinator 201 40.98 43.03 45.18 47.44 49.81 52.30 54.91 0443 Payroll Systems Analyst 211 45.27 47.53 49.90 52.40 55.02 57.77 60.66 0098 Permit & Plan Check Manager 230 54.69 57.42 60.29 63.30 66.47 69.79 73.28 0209 Permit & Plan Check Supervisor 205 42.64 44.77 47.01 49.36 51.83 54.42 57.14 0453 Personnel Analyst 192 37.47 39.34 41.31 43.37 45.54 47.82 50.21 0099 Plan Check Engineer 223 51.01 53.56 56.23 59.05 62.00 65.10 68.35 0444 Planning Manager 231 55.23 57.99 60.89 63.94 67.13 70.49 74.02 94 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 44 0594 Police Administrative Services Manager 217 48.05 50.45 52.97 55.62 58.40 61.33 64.39 0625 Police Administrative Services Division Manager 240 60.41 63.43 66.60 69.93 73.42 77.10 80.95 0022 Police Communications Manager 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0094 Police Records Administrator 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0626 Police Support Services Manager 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0028 Principal Accountant 208 43.93 46.13 48.44 50.86 53.40 56.07 58.88 0084 Principal Administrative Analyst 214 46.64 48.97 51.42 53.99 56.69 59.52 62.50 0096 Principal Civil Engineer 235 57.47 60.35 63.37 66.53 69.86 73.35 77.02 0072 Principal Electrical Inspector 202 41.39 43.46 45.63 47.91 50.31 52.82 55.46 0896 Principal Finance Analyst 216 47.57 49.95 52.45 55.07 57.83 60.72 63.75 0482 Principal Librarian 201 40.98 43.03 45.18 47.44 49.81 52.30 54.91 0060 Principal Personnel Analyst 214 46.64 48.97 51.42 53.99 56.69 59.52 62.50 0074 Principal Planner 226 52.55 55.18 57.94 60.83 63.88 67.07 70.42 0076 Principal Plumbing & Mechanical Inspector 202 41.39 43.46 45.63 47.91 50.31 52.82 55.46 0579 Project Manager 216 47.57 49.95 52.45 55.07 57.83 60.72 63.75 0037 Project Manager Assistant 201 40.98 43.03 45.18 47.44 49.81 52.30 54.91 0620 Public Affairs Manager 232 55.78 58.57 61.50 64.58 67.81 71.20 74.76 0496 Public Safety Systems Manager 233 56.34 59.16 62.12 65.22 68.48 71.91 75.50 0497 Public Safety Systems Supervisor 229 54.14 56.85 59.69 62.68 65.81 69.10 72.56 0839 Real Estate & Project Manager 216 47.57 49.95 52.45 55.07 57.83 60.72 63.75 0619 Risk Management Analyst 192 37.47 39.34 41.31 43.37 45.54 47.82 50.21 0054 Risk Manager 230 54.69 57.42 60.29 63.30 66.47 69.79 73.28 0089 Senior Administrative Analyst 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0064 Senior Budget Analyst 202 41.39 43.46 45.63 47.91 50.31 52.82 55.46 0069 Senior Civil Engineer 218 48.53 50.96 53.50 56.18 58.99 61.94 65.04 0484 Senior Deputy City Attorney 245 63.49 66.66 70.00 73.50 77.17 81.03 85.08 0868 Senior Finance Analyst 211 45.27 47.53 49.90 52.40 55.02 57.77 60.66 0499 Senior Information Technology Analyst 220 49.51 51.98 54.58 57.31 60.17 63.18 66.34 0627 Senior Information Technology Manager 244 62.86 66.00 69.30 72.77 76.41 80.23 84.24 0077 Senior Librarian 186 35.30 37.06 38.91 40.86 42.90 45.05 47.30 95 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 45 0464 Senior Personnel Analyst 205 42.64 44.77 47.01 49.36 51.83 54.42 57.14 0036 Senior Planner 216 47.57 49.95 52.45 55.07 57.83 60.72 63.75 0519 Senior Risk Management Analyst 205 42.64 44.77 47.01 49.36 51.83 54.42 57.14 0575 Senior Supervisor, Cultural Affairs 199 40.17 42.18 44.29 46.50 48.83 51.27 53.83 0578 Senior Supervisor, Human Services 199 40.17 42.18 44.29 46.50 48.83 51.27 53.83 0034 Senior Traffic Engineer 218 48.53 50.96 53.50 56.18 58.99 61.94 65.04 0333 Senior Trial Counsel 253 68.75 72.19 75.79 79.58 83.56 87.74 92.13 0457 Special Events Coordinator 182 33.92 35.62 37.40 39.27 41.23 43.29 45.45 0488 Street Maintenance Supervisor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0033 Transportation Manager 239 59.81 62.80 65.94 69.24 72.70 76.33 80.15 0051 Tree Maintenance Supervisor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0483 Utilities Manager 238 59.22 62.18 65.29 68.55 71.98 75.58 79.36 0487 Wastewater Supervisor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0624 Water Distribution Superintendent 216 47.57 49.95 52.45 55.07 57.83 60.72 63.75 0052 Water Distribution Supervisor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0053 Water Production Supervisor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0056 Water Quality Supervisor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 96 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT B – RETIREE SUBSIDY MEDICAL PLAN ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 46 RETIREE SUBSIDY MEDICAL PLAN Employees hired on or after October 1, 2014, shall not be eligible for this benefit. An employee who has retired from the City shall be entitled to participate in the City-sponsored medical insurance plans, and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. At the time of retirement Tthe employee has a minimum of ten (10) years of continuous full- time City service, or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System. The City’s obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City’s medical plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/hertheir death would be eligible to receive if he/shethey were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. SCHEDULE OF BENEFITS A. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement, eligibility for benefits begin after an employee has completed ten (10) years of continuous full- time service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/hertheir rehire in accordance with the City’s Personnel Rules. B. Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121 (one hundred twenty-one dollars). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. 97 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT B – RETIREE SUBSIDY MEDICAL PLAN ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 47 C. Maximum Monthly Subsidy Payments - Payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce, or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of disability whose number of continuous, full- time years of City service prior to retirement City exceeds ten (10), shall be entitled to maximum monthly payment of premiums by the for each year of completed City service as follows: Maximum Monthly Payment for Retirements After: 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 RETIREE SUBSIDY MEDICAL PLAN / MISCELLANEOUS PROVISIONS B.A. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The Human Resources Department Division shall notify covered retirees of this opportunity each year. 98 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT B – RETIREE SUBSIDY MEDICAL PLAN ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 48 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach. C.B. Benefits: 1. Retiree Subsidy Medical Plan includes the available group medical plans offered to active unit members at the time of retirement. 2. City Plans are the primary payer for active employees age 65 and over, with Medicare the secondary payer. Retirees age 65 and over have no City Plan options and are eligible only for Medicare. 3. Premium payments are to be received at least one month in advance of the coverage period. D.C. Subsidies: 1. The subsidy payments will pay for: a. Retiree Subsidy Medical Plan. b. HMO. c. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other employee benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements. E.D. Medicare: 1. All persons are eligible for Medicare coverage at age sixty five (65). Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age sixty five (65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and his/hertheir spouse are both sixty five (65 or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 99 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT B – RETIREE SUBSIDY MEDICAL PLAN ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 49 3. When a retiree at age sixty five (65 is eligible for paid Part A of Medicare and his/hertheir spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age sixty five (65 is not eligible for paid Part A of Medicare and his/hertheir spouse who is also age sixty five (65is eligible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only. F.E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age sixty five (65. If such retiree was covering dependents under the Plan, dependents will be eligible for state and or federal COBRA continuation benefits effective as of the retiree’s sixty-fifth (65th) birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first: i. After thirty six (36) months of COBRA continuation coverage, or ii.i. iii.ii. When the covered dependent reaches age sixty five (65) in the event such dependent reaches age sixty five (65) prior to the retiree reaching age sixty five (65). c. At age sixty five (65) retirees are eligible to make application for Medicare. Upon being considered “eligible to make application,” whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2. See provisions under “Benefits,” ”Subsidies,” and “Medicare” for those retirees/dependents not eligible for paid Part A of Medicare. 3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non- payment of premium by means of a certified letter from Employee Benefits in accordance with provisions of the Memorandums of Understanding. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. 100 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT C – VEHICLE USE ASSIGNMENT ADMINISTRATIVE REGULATION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 50 VEHICLE USE ASSIGNMENT ADMINISTRATIVE REGULATION See Administrative Regulations 101 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT CD – PHYSICAL EXAMINATION DESCRIPTION ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 51 PHYSICAL EXAMINATION DESCRIPTION I. Complete Health History II. Complete Physical Examination by Physician III. Computer Printout: A. Physiological Tests: 1. Temperature 2. Height 3. Weight 4. Vision 5. Audiometry (Hearing Screening) 6. Blood Pressure 7. Pulse 8. Chest X-Ray 9. EKG 10. History 11. Tonometry (Glaucoma) for patients 35 and over. 12. Spirometry (Breathing) B. Laboratory Tests: 1. Blood Chemistry Screening Tests: SGPT Triglycerides SGOT Glucose Fasting LDH BUN Alk. Phosphatase Creatinine Total Bilirubin Uric Acid Total Protein Calcium Albumin-Serum Inorganic Phosphate Globulin Sodium Cholesterol PostassiumPotassium 2. Complete Blood Count 3. Urinalysis 4. Stool Test for Blood 5. RPR 6. Pap Smear on Females 7. HDL IV. Examination Findings: A. Consultation with Physician B. Written Report of Findings 102 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT DE – 9/80 WORK SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 52 9/80 WORK SCHEDULE This work schedule is known as the “9/80.” In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 WORK SCHEDULE DEFINED The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two- week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in each work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. Forty (40) Hour Work Week The actual work week is from Friday at mid-shift (p.m.) to Friday at mid-shift (a.m.). No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the work week is 12:00 noon Friday. B. Two-Week Pay Period The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14) days until Friday mid-shift (a.m.). During this period, each week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which is charged to work week two). C. A/B Schedules To continue to provide service to the public every Friday, employees are to be divided between two schedules, known as the “A” schedule and the “B” schedule, based upon the departmental needs. For identification purposes, the “A” schedule shall be known as the schedule with a day off on the Friday in the middle of the pay period, or, “off on payday”, the “B” schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or “working on payday”. An example is listed below: AM PM AM PM AM PM F F S S M T W Th F F S S M T W Th F F A Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4 B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - - 103 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT DE – 9/80 WORK SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 53 A/B Schedule Changes Employees cannot change schedules without prior approval of their supervisor, Department Head, and the Director of Human Resources or designee. D. Emergencies All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from any of said employees. LEAVE BENEFITS When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee’s leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave – As stated in Memorandum of Understanding 2. Sick Leave – As stated in Memorandum of Understanding 3. Administrative Leave – As stated in Memorandum of Understanding 4. Bereavement Leave – As stated in Memorandum of Understanding 5. Holidays - As stated in Memorandum of Understanding 6. Jury Duty – The provisions of the Personnel Rules shall continue to apply; however, if an employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during the employees day off work; therefore, the employee will receive no added compensation. 104 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT EF – 4/10 WORK SCHEDULE ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 54 4/10 WORK SCHEDULE In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 4/10 WORK SCHEDULE DEFINED The 4/10 work schedule shall be defined as working eight (8) days for eighty (80) hours in a two week pay period by working eight (8) days (Monday through Thursday, Fridays off) at ten (10) hours per day, plus a one-hour lunch during each work shift, totaling forty (40) hours in each work week. The 4/10 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from any of said employees. LEAVE BENEFITS When an employee is off on a scheduled workday under the 4/10 work schedule, then ten (10) hours of eligible leave per workday shall be charged against the employee’s leave balance. All leaves shall continue under the current accrual, eligibility, request, and approval requirements. 1. General Leave – As stated in Memorandum of Understanding 2. Sick Leave – As stated in Memorandum of Understanding 3. Administrative Leave – As stated in Memorandum of Understanding 4. Bereavement Leave – As stated in Memorandum of Understanding 5. Holidays - As stated in Memorandum of Understanding 6. Jury Duty – The provisions of the Personnel Rules shall continue to apply; however, if an employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during the employees day off work; therefore, the employee will receive no added compensation. 105 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT FG – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 55 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, Administrative or General Leave 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#: Requestor Signature: Date: Department Director Signature: Date: Human Resources Department Division Use Only End donation date will bridge to: Long Term Disability Medical Retirement beginning Length of FMLA leave ending Return to work End donation date: Human ResourcesAdministrative Services Director Signature: Date signed: 106 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT FG – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ________________________________________________________________________________________ MEO MOU November January 1, 202219 through October December 31, 20240 56 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: Vacation Compensatory Time General Leave _ Administrative Leave Number of Hours I wish to Donate: Hours of Vacation Hours of Compensatory Time Hours of General Leave _____ Hours of Administrative 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, Compensatory Time, Administrative or General Leave hours to the Catastrophic Leave Donation Program for: Eligible recipient employee's name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. 107 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-938 MEETING DATE:12/1/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Brittany Mello, Interim Administrative Services Director Subject: Introduction for the Proposed Memorandum of Understanding (MOU) Between the Huntington Beach Marine Safety Management Association (MSMA) and the City of Huntington Beach for January 1, 2022, through December 31, 2024 Statement of Issue: The Memorandum of Understanding (MOU) between the City of Huntington Beach and the Marine Safety Management Association (MSMA) expired on March 31, 2018. Recently, the City and MSMA engaged in good-faith negotiations, ultimately reaching tentative agreement on terms in November 2021 on a 3-year contract covering the period of January 1, 2022, through December 31, 2024. Financial Impact: Pursuant to the terms agreed upon with MSMA, the Finance Department estimates the total projected average annual cost increase of the MOU to be $82,721 per year during the life of the agreement. Recommended Action: Approve the introduction of the proposed Memorandum of Understanding between the Marine Safety Management Association and the City of Huntington Beach for the period of January 1, 2022, through December 31, 2024. Alternative Action(s): Do not approve the introduction of the proposed successor MOU for MSMA employees, and direct staff to: (1) continue to meet and confer with the Association, or (2) utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution. Analysis: The Marine Safety Management Association (MSMA) represents approximately 18 employees in the City. Representatives for the City and MSMA engaged in active discussions over an extended period, City of Huntington Beach Printed on 11/30/2021Page 1 of 3 powered by Legistar™108 File #:21-938 MEETING DATE:12/1/2021 ultimately reaching tentative agreement on contract terms for a 3-year period. Key changes in the proposed MOU include the following: Term of Agreement January 1, 2022, through December 31, 2024 Salary Range Adjustment ·Effective January 1, 2022, employees will shift to a new, seven-step salary range (A - G). The Marine Safety Officer position will be eliminated, and remaining classifications will be realigned based on market and internal salary ranges. All employees will be placed on the step in the new salary range that is closest to their current base salary step without being less. ·Employees who have reached top step (Step G) will be eligible to earn an annual merit-based bonus of up to three percent (3%) of their base rate of pay at their regularly-scheduled performance evaluations. Medical Benefits ·Beginning January 1, 2022, the City’s maximum monthly contribution to medical plan rates will increase to $745.83 for employee only; $1,468.95 for two party; and $1,804.95 for family coverage. Effective January 1, 2022, employees who opt out of vision coverage will no longer have the employee premium applied toward their medical premium. ·Beginning January 1, 2023, the City’s maximum monthly contribution will increase by $23.33 per month, not to exceed the monthly plan premium cost, as follows: $769.16 for employee only; $1,492.28 for two party; and $1,828.28 for family coverage. CalPERS Cost Sharing ·Beginning January 1, 2023, Classic member safety employees shall contribute an additional 2% towards CalPERS costs, for a total 11% contribution, and New member safety employees shall contribute a minimum of 13%. ·Beginning January 1, 2024, Classic member safety employees shall contribute an additional 2% towards CalPERS costs, for a total 13% contribution, Leave Benefits ·Effective January 1, 2022, vacation accrual and the existing sick leave benefit are eliminated and replaced with General Leave. The City will provide 96 hours of transitional sick leave to employees that can be used as sick leave and cannot be cashed out. These key changes and all other negotiated provisions are included in the proposed Memorandum of Understanding. Environmental Status: Not applicable. Strategic Plan Goal: City of Huntington Beach Printed on 11/30/2021Page 2 of 3 powered by Legistar™109 File #:21-938 MEETING DATE:12/1/2021 Non Applicable - Administrative Item Attachment(s): 1. Summary of Memorandum of Understanding Modifications 2. Fiscal Impact Report 3. Proposed Memorandum of Understanding City of Huntington Beach Printed on 11/30/2021Page 3 of 3 powered by Legistar™110 Page 1 of 3 City of Huntington Beach Marine Safety Management Association (MSMA) Summary of MOU Modifications November 23, 2021 Article # Subject Proposal Article I Term of MOU Term January 1, 2022 – December 31, 2024 Article IV Salary Schedules New Salary Range Effective January 1, 2022, shift to a new master salary schedule that includes seven-steps (A – G) with five percent (5%) between each step; and one percent (1%) between each range. Eliminate Marine Safety Officer position, and realign classifications and pay based on market-and internal salary ranges, as shown in the table below. All employees will be placed on the step in the new salary range that is closest to their current base salary step without being less. Table 1. Proposed Salary Ranges Proposed Salary Range Job Description Range A B C D E F G Ocean Lifeguard Specialist 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88 Marine Safety Captain 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 Marine Safety Battalion Chief 226 52.55 55.18 57.94 60.83 63.88 67.07 70.42 Article V Special Pay Performance Based Bonus Employees will have the ability to earn up to 3% merit-based bonus after the employee hits top step at their next regularly scheduled performance evaluation date. This bonus will be provided as a lump sum and will not increase the employee’s base salary. 111 MSMA Summary of MOU Modifications – November 30, 2021 Page 2 of 3 Article IX Health and Other Insurance Benefits Employer Contribution to Health and Other Insurance Benefits A modification to Article IX to increase the monthly maximum employer contribution towards flex benefits as follows: Effective the beginning of the pay period that includes January 1, 2022: Single - $745.83 Two party - $1,468.95 Family - $1,804.95 Effective January 1, 2022, employees who opt out of vision coverage will no longer have the employee premium applied towards their medical premium. Effective the beginning of the pay period that includes January 1, 2023, City will increase the maximum contribution to health insurance by $23.33/month, not to exceed the actual cost of the premium, as follows: Single - $769.16 Two party - $1,492.28 Family - $1,828.28 Article X Retirement CalPERS Cost Sharing Effective the pay period including January 1, 2023: Classic member employees shall cost share 2% for a total employee pension contribution of 11%. “New member” employees shall pay at least thirteen percent (13%) of pensionable compensation as their retirement contribution. If the required contribution per PEPRA (half the normal cost) is less than thirteen percent (13%), employees shall pay the difference between the required PEPRA contribution and thirteen percent (13%). If the required PEPRA contribution is at least thirteen percent (13%) or more, new members will pay the required PEPRA contribution. Effective the pay period including January 1, 2024: Classic member employees shall cost share an additional 2%, for a total cost share of 4%, increasing the employee pension contribution of 13%. 112 MSMA Summary of MOU Modifications – November 30, 2021 Page 3 of 3 Article XI Leave Benefits Vacation and Sick Leave – Conversion to General Leave Effective January 1, 2022, the accrual for the vacation and sick leave benefit are eliminated and replaced with General Leave, which can be accrued as follows: Years of Service General Leave Accrual 40-Hour Rate General Leave Accrual 30-Hour Rate First through Fourth Year 176 Hours 132 Hours Fifth through Ninth Year 200 Hours 150 Hours Tenth through Fourteenth Year 224 Hours 168 Hours Fifteenth Year and Thereafter 256 Hours 192 Hours General Leave shall be capped at 640 hours, and leave accumulated in excess of the maximum accruals will be paid at the base hourly rate of pay, on the first pay day following such accumulation. Effective January 1, 2022, the City will also provide 96 hours of sick leave to employees that can be used as sick leave. This sick leave cannot be cashed out but used by employees as sick leave. Additional MOU language regarding General Leave will need to be written to address all of the Leave Benefits provisions. Update the Family Leave Benefit Entitlements provision: This benefit will continue in its current form so long as any other unit receives it, and will sunset in the same calendar year if eliminated as a result of contract negotiations. MOU language clean up: Modernize MOU and FLSA language, and make other non-substantive language changes. 113 City of Huntington BeachMSMA Proposal Proposed Term: 3 yearsYear 1 Year 2 Year 3FY 21/22 FY 22/23 FY 23/24MOU Item # UnionDescription Rate / $Estimated YOYImpactEstimated YOYImpactEstimated YOYImpactTotal Cost of Proposal Notes:1MSMATerm: 3 years (January 1, 2022 through December 31, 2024)2MSMASalary Adjustment ‐ Move to new range w/market adjustments, 7 steps, 5% between stepsVarious 131,640              74,311                77,660               283,611             3 MSMA Annual Top Step Bonus up to 3% Up to 3% ‐                       ‐                      ‐                      ‐                      No employees would be eligible to receive the bonus before 12/31/2024.  Costs related to the bonus will be incurred in future years.4 MSMA 13% CalPERS Pick‐up ‐ phased in4%(4,838)                (18,019)              (32,492)              (55,349)             3 MSMA Health Insurance13,756               5,319                 826                     19,901               4a MSMA Eliminate existing 60‐day per injury/illness sick leave benefit (offset 4c)(49,518)              (2,476)                (2,600)                (54,594)             Based on FY 19/20 sick leave usage4b MSMA General Leave Accrual58,926               2,947                 3,093                 64,966               0‐4 years ‐ 176 hours; 5‐9 years ‐ 200 hours; 10‐14 years ‐ 224 hours; 15+ years ‐ 256 hours (assumes elimination of vacation accrual)4c MSMA Provide existing employees with bank of 96 hours of sick leave49,518               2,476                 2,600                 54,594               4d MSMA Eliminating existing 60‐day per injury/illness sick leave benefits will have ongoing net savings to the City.  Offset General Leave Accrual to reflect the long‐term savings.(58,926)              (2,947)                (3,093)                (64,966)             Total Cost of ProposalMSMA140,558           61,611              45,994             248,163           114 115 Legislative Draft Memorandum of Understanding Between Marine Safety Management Association and City of Huntington Beach April 1, 2016 – March 31, 2018January 1, 2022 – December 31, 2024 116 MARINE SAFETY OFFICERS’ ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MSMA MOU April January 1, 202216 – March December 31, 202418 i PREAMBLE 1 .................................................................................................................. 1 ARTICLE I - TERM OF MOU ............................................................................................ 1 ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS .................................... 1 ARTICLE III - MANAGEMENT RIGHTS ........................................................................... 2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT........................................... 2 ARTICLE V - SALARY SCHEDULES .............................................................................. 3 A. WAGE INCREASES ............................................................................................................ 3 ARTICLE VI - SPECIAL PAY ........................................................................................... 3 A. PERFORMANCE BONUS ..................................................................................................... 2 B. EDUCATION INCENTIVE PAY .............................................................................................. 3 BC. ACTING ASSIGNMENT PAY ................................................................................................ 5 CD. CERTIFICATION PAY ......................................................................................................... 4 DE. HOLIDAY PAY ................................................................................................................. 54 1. Holidays Worked ............................................................................................................................. 54 2. Holiday Pay In-Lieu ........................................................................................................................... 5 EF. BILINGUAL SKILL PAY ..................................................................................................... 65 FG. EFFECTIVE DATE OF SPECIAL PAY................................................................................... 65 GH. NO PYRAMIDING OF SPECIAL PAY ..................................................................................... 6 HI. REPORTING TO PERS ...................................................................................................... 6 ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ............................. 8 A. GENERAL POLICY ............................................................................................................. 6 B. AFFECTED EMPLOYEES .................................................................................................. 76 C. PERSONAL PROTECTIVE EQUIPMENT ............................................................................... 76 D. EMPLOYEE RESPONSIBILITIES ......................................................................................... 76 E. CITY RESPONSIBILITIESREPORTABLE TO CALPERS ........................................................... 7 ARTICLE VIII - HOURS OF WORK/OVERTIME .............................................................. 9 A. WORK SCHEDULE............................................................................................................. 8 B. HOURS OF W ORK DEFINED ............................................................................................... 9 BC. OVERTIME/COMPENSATORY TIME ................................................................................... 10 1. Paid Overtime ................................................................................................................................ 87 2. Compensatory Time....................................................................................................................... 97 3. Court Time ..................................................................................................................................... 98 a. Court Standby............................................................................................................................ 98 b. Court Appearance ..................................................................................................................... 98 C. 4/10 W ORK SCHEDULE DEFINED ....................................................................................... 8 D. STANDBY ....................................................................................................................... 98 117 MARINE SAFETY MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MSMA MOU April January 1, 202216– March December 31, 202418 ii EF. ON-CALL ..................................................................................................................... 98 ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS ................................. 109 A. HEALTH ....................................................................................................................... 109 1. CalPERS PEMHCA ..................................................................................................................... 109 a. PEMHCA Employer Contributions........................................................................................... 109 b. Maximum Employer Contributions .......................................................................................... 109 c. Ocean Lifeguard Specialist Contributions .................................................................................. 11 2. Dental Insurance ............................................................................................................................ 11 c. Ocean Lifeguard Specialist Contributions ................................................................................ 110 3. Retiree (Annuitant) Coverage ...................................................................................................... 120 a. City Contribution (Unequal Contribution Method) for Retirees ................................................ 120 b. Termination of Participation in the CalPERS PEMHCA Program - Impact to Retirees .......... 121 4. Additional Costs for Participation in the PEMHCA program ........................................................ 121 a. Retiree and/or Annuitant Coverage ......................................................................................... 121 b. Termination Clause ................................................................................................................. 132 B. MEDICAL CASH-OUT ..................................................................................................... 132 C. SECTION 125 EMPLOYEE PLAN ..................................................................................... 142 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD & D) INSURANCE ...................... 142 E. LONG TERM DISABILITY INSURANCE .............................................................................. 153 ARTICLE X - RETIREMENT ......................................................................................... 164 A. CALPERS SAFETY "CLASSIC" MEMBER RETIREMENT BENEFITS ..................................... 164 1. CalPERS Safety "Classic" Member" Retirement Formula ........................................................... 164 2. CalPERS Safety "Classic" Member" Final Compensation .......................................................... 164 3. CalPERS Safety "Classic" Member" Contribution ....................................................................... 164 4. CalPERS Safety "Classic Member" Cost Sharing .......................................................................... 16 B. CALPERS SAFETY "NEW MEMBER" RETIREMENT BENEFITS ........................................... 164 1. CalPERS Safety "New Member" Retirement Formula ................................................................. 164 2. CalPERS Safety "New Member" Final Compensation ................................................................. 174 3. CalPERS Safety "New Member" Retirement Contribution ........................................................... 175 4. CalPERS Safety "New Member" Cost Sharing .............................................................................. 17 C. IRS CODE SECTION 414(H)(2) ......................................................................................... 175 D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT ........................................................ 175 E. HEALTH SAVINGS ACCOUNT FOR POST RETIREMENT MEDICAL BENEFITS ............................ 185 F. PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT ............................................ 185 G. 1959 SURVIVORS' BENEFIT LEVEL IV ................................................................................ 185 H. MEDICAL INSURANCE FOR RETIREES ................................................................................ 185 ARTICLE XI - LEAVE BENEFITS .................................................................................. 20 A. VACATIONGENERAL LEAVE ......................................................................................... 1822 1. AccrualPurpose ............................................................................................................................ 186 2. Eligibility and PermissionAnniversary Date ................................................................................. 186 3. Conversion to CashAccrual ......................................................................................................... 186 118 MARINE SAFETY MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MSMA MOU April January 1, 202216– March December 31, 202418 iii 4. Eligibility and Approval .................................................................................................................... 19 5. Leave Conversion to Cash ............................................................................................................. 19 6. Deferred Compensation/Leave Cash-Out ...................................................................................... 19 7. Pay-Off at Separation from Employment ........................................................................................ 20 a. Pay-off at Separation from Employment ................................................................................... 17 B. SICK LEAVEVACATION .................................................................................................... 23 1. Accrual ............................................................................................................................................ 20 2. Eligibility and Permission ................................................................................................................ 20 C. TIME OFF FOR INJURY OR ILLNESSSICK LEAVE ............................................................. 2017 D. FAMILY LEAVE BENEFIT ENTITLEMENTS ....................................................................... 2017 E. BEREAVEMENT LEAVE ................................................................................................ 2117 F. DEFERRED COMPENSATION / LEAVE CASH-OUT ............................................................... 18 G. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ............................................ 2118 ARTICLE XII - CITY RULES........................................................................................... 24 ARTICLE XIII - MISCELLANEOUS ................................................................................ 25 A. SALARY UPON APPOINTMENT .......................................................................................... 25 B. PHYSICAL EXAMINATIONS ............................................................................................... 25 C. CONDITIONING TIME ................................................................................................... 2118 D. 1,500 HOUR RECURRENT EMPLOYEES ........................................................................ 2218 E. COLLECTION OF PAYROLL OVERPAYMENTS ................................................................. 2219 F. GRIEVANCE HEARING COST SHARING ......................................................................... 2219 G. PERSONNEL RULE 19 MODIFICATION ........................................................................... 2219 H. UPDATE EMPLOYEE-EMPLOYER RELATIONS RESOLUTION (EERR)................................ 2219 I. MODIFIED RETURN TO W ORK POLICY .......................................................................... 2319 J. CONTROLLED SUBSTANCE AND ALCOHOL TESTING ...................................................... 2320 ARTICLE XIV - CITY COUNCIL APPROVAL ................................................................ 27 EXHIBIT A - MSMA SALARY SCHEDULE .................................................................... 28 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN ....................................................... 263 EXHIBIT C - MODIFICATIONS TO EMPLOYEE - EMPLOYER RELATIONS RESOLUTION ......................................................................................... 296 EXHIBIT D - MODIFICATIONS TO PERSONNEL RULE 19 ..................................... 3128 EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ......... 341 119 MSMA MOU April January 1, 202216 – March December 31, 202418 1 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH MARINE SAFETY MANAGEMENT ASSOCIATION (Hereinafter called ORGANIZATION ASSOCIATION or MSMA) PREAMBLE WHEREAS, pursuant to California law, the City and the representatives of the Association, a duly recognized employee association, have met and conferred in good faith and reached a full agreement concerning wages, hours, and other terms and conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the Association, and WHEREAS, the representatives of the City and Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made, to become effective April 1, 2016January 1, 2022, and it is agreed as follows: ARTICLE I -– TERM OF MOU This Memorandum of Understanding shall be in effect for a term commencing on January 1, 2022,April 1, 2016 and ending at midnight on December 31, 2024March 31, 2018. No further improvements or changes in the salaries and monetary benefits of the employees represented by the Association shall take effect during the term of this agreement, and the Association expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the Association which would take effect prior to December 31, 2024April 1, 2018, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. ARTICLE II -– REPRESENTATIONAL UNIT/CLASSIFICATIONS It is recognized that the Marine Safety Management Association is the employee organization, which has the right to meet and confer in good faith with the City on behalf of the employees of the Huntington Beach Fire Department within the following classification and assignment titles: Marine Safety Battalion ChiefLieutenant Marine Safety CaptainOfficer II Ocean Lifeguard SpecialistMarine Safety Officer I (permanent 3/4-time position) 120 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 2 ARTICLE III -– MANAGEMENT RIGHTS The parties agree that the City has the right to unilaterally make decisions on all matters outside the scope of bargaining. Furthermore, except as expressly abridged or modified herein, the City retains all rights, powers and authority with respect to the management and direction of the performance of marine safety services and the work forces performing such services, provided that nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Fire ChiefDirector or the City the right to make unilateral changes in wages, hours, and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of City services, including establishing staffing manning requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. The parties agree to meet and confer during the term of this agreement on revisions, changes, modifications and additions to the Personnel Rules and/or Department Rules when requested by City. ARTICLE IV -– EXISTING CONDITIONS OF EMPLOYMENT Except as otherwise expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits and terms and conditions of employment which have been established in prior Memoranda of Understanding between the City and the Association. 121 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 3 ARTICLE V -– SALARY SCHEDULES For each year of this MOU, the base salary of each classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit A. All employees are required to utilize direct deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll receipt) each pay period that details all income, withholdings, and deductions. Classification and Salary Schedule Employees shall be compensated at rates by classification title and salary range during the term of the agreement as set out in Exhibit A attached hereto and incorporated herein. A. Wage Increases 1. Effective the beginning of the pay period that includes October 1, 2016, all bargaining unit members shall receive a two percent (2.0%) wage increase. ARTICLE VI -– SPECIAL PAY A. Performance Bonus 1. Every member who has advanced through all salary steps A-G are eligible for an annual merit bonus of up to three percent (3%) of their base rate of pay, or prorated three-quarter (3/4) amount for the Ocean Lifeguard Specialist. The annual merit bonus amount will be determined based upon the evaluation of the employee’s performance. A completed performance evaluation with specific recognition of outstanding performance in accordance with the Fire Department’s Leadership Intent document must be attached to the Personnel Action Form and sent to the Human Resources Division. The evaluation will also identify performance goals and objectives. Employees who disagree with the performance bonus award granted by their supervisor / manager may appeal the decision directly to the Fire Chief for additional consideration. After review, the Fire Chief’s final decision regarding the performance bonus award amount shall be final and binding, and shall not be subject to grievance. The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus. A.B. Education Incentive Plan 1. Incentive Plan – It is the purpose and intent of the City to provide an Education Incentive Plan to motivate the employee to participate in, and continue with their education so as to improve their knowledge and general proficiency which will, in 122 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 4 turn, result in additional benefits to the Fire Department and to the City. As the levels of additional education listed below are satisfactorily completed and attained, the employee will receive additional monetary compensation in recognition of their educational achievement. 1. Employees who possess a degree from an accredited college or university shall be eligible to receive education incentive pay as follows: a. Level I – Any employee who has attained an Associate Degree, or attained Junior status in a degree program, shall receive educational incentive pay of three percent (3%) of their base rate of pay. b. Level II – Any employee who has attained a Bachelor’s Degree shall receive education incentive pay of six percent (6%) of their base rate of pay. a. Bachelor’s Degree –six percent (6%) of the base hourly rate b. Associate’s Degree –three percent (3%) of the base hourly rate c. Maximum Education Incentive Pay – The maximum education incentive pay an employee may receive is six percent 6% of their base rate of pay. An employee may only receive this education incentive pay for one degree. d. Degree Majors – Degree majors will be reviewed and approved by the Fire Chief to ensure that it will enhance the employees ability to do their job. For current employees seeking additional degrees, the course of study will be reviewed and approved by the Fire Chief in advance. Appeals may be directed to the Administrative Services Director for final determination. e. Effective Date – Following approval, the additional education incentive pay shall commence the beginning of the pay period following the employee’s submission of a completed application that qualifies for education incentive pay. c. The maximum education incentive pay shall be six percent (6%) 2. All current employees who were hired before September 19, 2005, and were still employed with the City as of April 1, 2016, who do not possess the degrees listed above shall continue to receive the education incentive pay in effect as of September 19, 2005. Such pay shall not increase unless an employee obtains one of the degrees listed above. In the event an employee obtains an Associate’s or Bachelor’s degree, only the special pay in sections #1a and 1b above shall apply, respectively, and the following Education Incentive Level Plan shall no longer apply: Education Incentive Level College Units Maximum Training Points Years of Service Continuing Education College Units Required Annually Monthly Amount 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 123 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 5 3. Employees hired after September 19, 2005 who do not possess a Bachelor’s or an Associate’s degree shall not be eligible for education incentive pay until a degree is attained. The parties agree that 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. C. B. Acting Assignment Pay 1. When formally assigned to perform in an acting capacity in the absence of the Marine Safety Division Chief, a Marine Safety Battalion Chief Lieutenant shall be compensated for each full hour worked at the rate of twelve and one-half percent (12.5½%) of the employee’s base hourly rate of pay. 2. Acting Marine Safety Division Chief selection shall be made at the discretion of the Fire Chief Department Head or designee, and seniority will not be the controlling criteria. The parties agree that to the extent permitted by law, the compensation in the section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(3) (Premium Pay) Temporary Upgrade Pay. This pay is only reported to CalPERS for employees who are “classic” employees per the Public Employees’ Pension Reform Act. D. C. Certification Pay 1. Ocean Lifeguard Specialist – Employees in this classification shall not be eligible for Certification Pay. 1.2. Marine Safety Captain Officer II (MSO II) – Employees classified as Marine Captain MSO II shall receive five percent (5%) above their base hourly rate for maintaining active certification in all of the following: SCUBA/Rescue, ICS (Incident Command System) 100 and 200; Instructor 1 and Instructor 2. A and 1B; SCUBA/Dry Suit; and Instructor Emergency Response Red Cross. 2.3. Marine Safety Battalion Chief Lieutenant – Employees classified as Marine Safety Battalion Chief Lieutenant shall receive five percent (5%) above their base hourly rate for maintaining active certification in all of the following: ICS (Incident Command System) 300; Company Officer 2A, 2B, and 2D .Command 1A and 1B; and Management I. Employees who have completed classes under the previous State Fire Marshal’s course track will be eligible to receive the Special Certification Pay upon confirmation of the Fire Chief. 124 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 6 The parties agree that 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. E. D. Holiday Pay The pay granted to members of this unit under this section is additional compensation for employees who are normally required to work on an approved holiday, because the classification of Marine Safety Captain, Officer I & II and Marine Safety Battalion Chief, and Ocean Lifeguard Specialist Lieutenant are positions that require staffing without regard to holidays. 1. Holidays Worked Employees who are required to work on a specified City holiday shall receive Holiday Pay in addition to the Holiday In-Lieu Pay set forth herein equal to the overtime rate for all hours worked. 2. Holiday Pay In-Lieu In addition to regular compensation, employees shall receive, each month, one- twelfth (1/12) of the total holiday hours (80) earned for the year. Employees shall be entitled to an additional eight (8) hours of pay at their regular rate for any day declared by the President of the United States to be a national holiday, or any day declared by the Governor of the State of California to be a state holiday, if such day is adopted by the City Council of the City of Huntington Beach as a special holiday for City employees (i.e., day of mourning). The following are the recognized legal holidays under this MOU: a) Holidays Specified - The holidays governed by this MOU are listed below. •1. New Year’s Day •2. Martin Luther King Birthday Holiday •3. Presidents’ Day •4. Memorial Day •5. Independence Day •6. Labor Day •7. Veterans Day •8. Thanksgiving Day •9. Day After Thanksgiving •10. Christmas Day Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a State holiday, and adopted as an employee holiday by the City Council of Huntington Beach. 125 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 7 The parties agree that to the extent permitted by law, Holidays Worked and Holiday In- Lieu Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Holiday Pay. F. E. Bilingual Skill Pay Employees whose bilingual skills are qualified, in accordance with the most current Huntington Beach Marine Safety Manual Policy A-10, shall be paid an additional five percent (5%) of their base rate of pay in addition to their regular bi-weekly salary. Employees who are approved by their Department Head to use their bilingual abilities as part of their job assignment shall be paid an additional five percent (5%) above their base hourly rate. Said employees must be tested and be certified by the Human Resources Director or designee as to their language proficiency in order to be eligible for said compensation. Eligibility for bilingual pay shall be limited to the following languages: Spanish, Vietnamese, French, German, Japanese, and sign language. In order to be qualified and certified for said compensation, employee's language proficiency will be tested and certified by the Administrative Services Director or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. The Human Resources Division will notify candidates of the results of the oral evaluation. If the candidate’s attempt is unsuccessful, they may repeat the process in six (6) months’ time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. G. F. Effective Date of Special Pay All special pay shall be effective the first full pay period following certification and verification as approved by the Fire Chief Department Head or designee. G.H. No Pyramiding of Special Pay Each special pay that is a percentage of base hourly pay shall not be counted towards the value of any other special pay. H.I. Reporting to PERS Pursuant to state law and regulations, compensation paid as a result of this Article shall be reported to the California Public Employees’ Retirement System (CalPERS) as special compensation. In the event that CalPERS challenges the City’s report of any special compensation as compensation earnable and informs the City that it cannot not report the pay since it 126 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 8 does not qualify as special compensation per Title 2 CCR section 571, the City is not obligated to continue to report the pay. This is provided for per Title 2 Section 571(c) & (d). In the event there is a conflict regarding the reportability of any item of compensation as pensionable compensation and the CalPERS regulations governing same, CalPERS determination shall prevail. Title 2 CCR, Section 571 (c)(d) ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. General Policy The City will provides uniforms to all employees on active duty who are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. B. Affected Employees All employees shall wear a standard City uniform, as provided by the City of Huntington Beach Fire Department. The Fire Chief Department Head shall determine which employees must wear a uniform. C. Personal Protective Equipment All personal protective equipment shall be provided based on employee safety needs for the performance of duties as approved by the Fire Chief Department Head. D. Employee Responsibilities 1. W ear a clean and complete uniform as required. 2. Uniform appearance shall be worn with pride in appearance to the public ; (i.e., shirt buttoned, shirt tail tucked in, etc.). 3. Wash and provide minimum repair ; (i.e., buttons, small tears, etc.). 4. Not wear the uniform for other than City duties or work. 5. Notify supervisor of the need to replace due to disrepair or severe staining producing an undesirable appearance. 6. Turn in all uniform components, including patches, upon separation from employment. 7. Turn in all personal protective equipment upon separation from employment. 8. Wear all personal protective equipment prescribed by the City safety officer and/or Supervisor of the division. 127 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 9 E. Reportable to CalPERSCity Responsibilities 1. Provide or pay for required uniforms. 2.1. The City will report to CalPERS the average annual cost of uniforms for each employee as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5) Uniform Allowance. For employees who are not required to wear a uniform on a daily basis or who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. This provision shall apply to “classic” members as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA). 3.2. For “new members” as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA), the cost of uniforms will not be reported as pensionable compensation earnable to CalPERS (GC Section 7522.34). ARTICLE VIII –- HOURS OF WORK/OVERTIME A. Work Schedule 1. The 4/10 work schedule shall be defined as working four (4) days, ten (10) hours per day, for a total of forty (40) hours per week, twenty-eight (28) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). 2. The 4/10 work schedule is designed to be in compliance with the requirements of the FLSA. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Fire Chief, or their designee, may require such service from any of said employees. 3. Ocean Lifeguard Specialist – Employees in this classification are assigned to a permanent 3/4-time schedule, defined as a minimum of thirty (30) hours per week. Schedules may be modified or adjusted by the Marine Safety Division Chief based on operational needs. B. Hours of Work – Defined For purposes of this article, calculating overtime, general leave, previously accrued approved vacation, sick leave and compensatory time shall count as hours worked. 128 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 10 C. B. Overtime/Compensatory Time 1. Paid Overtime a. All employees covered by this MOU shall be eligible for overtime pay at one and one-half (1½) times their regular rate of pay, as defined by the FLSA, for all actual work performed in excess of the employees’ scheduled hours in their declared work period. Overtime is defined as one and one half (1 1/2) times the employee’s regular rate of pay for all time worked in excess of their scheduled work shift. Ocean Lifeguard Specialist personnel shall continue to receive overtime pay for working hours in excess of forty (40) hours per work week. b. Regular rate of pay is defined as the employee’s base hourly rate of pay plus their eligible special pays. 2. Compensatory Time Employees may elect to receive compensatory time off that may be earned to a maximum of one hundred twenty (120) hours in lieu of such overtime pay. Employees may convert up to sixty (60) hours of compensatory time to cash at the employee’s regular rate of pay once per calendar year. 3. Court Time a. Court Standby Employees required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours their regular rate of pay for each morning and afternoon court sessions. b. Court Appearance Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours at the overtime rate. C. 4/10 Work Schedule Defined The 4/10 work schedule shall be defined as working four (4) days, ten (10) hours per day, for a total of forty (40) hours per week. The 4/10 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Fire Chief or their designee, may require such service from any of said employees. 129 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 11 D. Standby Employees who are authorized to be on standby status by their Supervisor shall be compensated two (2) hours at the overtime rate for each eight (8) hour standby period, or any part thereof. A Supervisor shall notify an available employee, in advance, of the need to be on standby status. E. On-Call Effective the beginning of the pay period following City Council approval of this agreement, Aa minimum of two (2) employees will ben employee scheduled to be on- call shall be compensated two (2) hours at the straight pay rate per night. Employee’s assigned on-call during holidays will receive three (3) hours at the straight pay rate per night. On-call assignments and assignment duration shall be determined by operational schedules. On-call assignment shall not overlap the normal operational period. 130 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 12 ARTICLE IX -– HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all association employees. The effective date for medical, dental and vision coverage is the first of the month following date of hire. 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 PEMHCA. All employee contributions shall be deducted on a pre-tax basis. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Office. 1. California Public Employees’ Retirement System - Public Employees' Medical and Hospital Care Act (CalPERS PEMHCA) The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums. A retiree’s right to receive a City contribution, and the City’s obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee, the mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub-section. b. Maximum Employer Contributions Toward Flex Benefits For the term of this Agreement, Effective the beginning of the pay period following City Council approval, the City’s maximum monthly employer contribution for each employee’s medical and vision insurance premiums are set forth as follows: i. The maximum City Contribution shall be based on the employee’s enrollment in each plan. ii.i. Employee only (“EE”) – The cost of the premium up to a maximum of $699.00. Effective in the pay period that includes January 1, 2022, the City agrees to increase this amount to the cost of the premium for employee only coverage, but not higher than $745.83 per month. 131 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 13 Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the cost of the premium for employee only coverage, but not higher than $769.16 per month. iii.ii. Employee + one dependent (“EE + 1”) – The cost of the premium up to a maximum of $1,399.00. Effective in the pay period that includes January 1, 2022, the City agrees to increase this amount to the cost of the premium for employee plus 1 coverage, but not higher than $1,468.95 per month. Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the cost of the premium for employee plus 1 coverage, but not higher than $1,492.28 per month. iv.iii. Employee + two or more dependents (“EE + 2”) – The cost of the premium up to a maximum of $1,719.00. Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the cost of the premium for employee plus 2 or more dependents coverage, but not higher than $1,804.95 per month. Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the cost of the premium for employee plus 2 coverage, but not higher than $1,828.28 per month. v.iv. The City shall also pay up to $22.76 per month for each employee for the VSP Vision Plan. c. Ocean Lifeguard Specialist Contributions – Employees in this classification shall receive a prorated, seventy-five percent (75%) amount of the City’s maximum employer contribution rate, up to but not exceeding the premium, as established for full-time employees. 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.The maximum City contribution shall be based on the employee’s enrollment in each plan. The parties agree that the required PEMHCA contribution (i.e., the annual PEMHCA statutory minimum) 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). a. Effective January 1, 2016, through January 1, 2018, Tthe maximum monthly City contribution for dental insurance for the Delta Dental PPO plan shall be as follows: 1) employee only (“EE”) - $57.86; 2) employee plus one dependent (“EE + 1”) - $108.02; 3) employee plus two or more dependents (“EE + 2”) - $142.36. 132 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 14 b. Effective January 1, 2016, through January 1, 2018, Tthe maximum monthly City contribution for dental insurance for the Delta Care HMO plan shall be as follows: 1) employee only (“EE”) - $25.77; 2) employee plus one dependent (“EE + 1”) - $43.81; 3) employee plus two or more dependents (“EE + 2”) - $67.00. c. Ocean Lifeguard Specialist Contributions – Employees in this classification shall receive a prorated, seventy-five percent (75%) amount of the City’s maximum employer contribution rate, up to but not exceeding the premium, as established for full-time employees. 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 that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As provided by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting year for the unequal contributions method is 2004 at $1.00 per month. The City’s contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 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. 2000-123 133 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 15 Exhibit D to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. 4. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article IX.A.3.a. provides an example of expected payments per retiree or annuitant per month. In the event of passage of State Legislation, Judicial Rulings, or CalPERS Board Actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the Association fails to make timely payments for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. [For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits]. b. Termination Clause The City and Association may each request termination of the City’s contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer’s contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. B. Medical Cash-Out 134 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 16 If an employee is covered by a medical program outside of a City-provided program (evidence must be supplied to the Human Resources Divisionepartment), the employee may elect to discontinue City medical coverage and receive three hundred twenty two dollars and sixty one cents ($ 322.61) bi-weekly to deposit into a deferred compensation account or any other pre-tax program offered by the City, so long as the contribution is in accordance with applicable Internal Revenue Code of regulations. An employee may elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward the medical premium, unless the employee opts out of the City’s medical plan (in which case the employee will not receive the cash benefit). C. 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. D. Life and Accidental Death and Dismemberment (AD&D) Insurance Coverage The City will provide fifty thousand dollars ($50,000) of term life insurance and fifty thousand dollars ($50,000) of AD&D insurance coverage for each employee at the City’s cost, without evidence of insurability other than evidence of full- time employment status. Optional insurance is available at the employee’s own cost. 135 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 17 E. Long Term Disability Insurance 1. The existing long-term disability program provided to employees by the City shall remain in effect. The existing long-term disability program has a sixty (60) calendar day qualifying period. After the sixty (60) calendar day qualifying period1, This program provides, for each incident of illness or injury, a waiting period of thirty (30) calendar days, during which the employee may use accumulated sick leave, general leave pay, or the employee may elect to be in an unpaid status. Subsequent to the thirty (30) day waiting period, the employee will be covered by an insurance plan paid for by the City which will provide 66 2/3% of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $10,000 a month in accordance with the following: Disability Due to Accident Disability Due to Illness First 3060 Calendar Days Regular Pay Regular Pay Next 24 Calendar Months 66 2/3% of Base Pay 66 2/3% of Base Pay To age 65 66 2/3% of Base Pay None Days and months refer to calendar days and months 2. The LTD Plan is integrated with Workers’ Compensation, Social Security and other non-private program benefits to which the employee’s entitled. 3. Disability is defined as the inability to perform all of the duties of the employee’s regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he/she isthey are fitted by reason of education, training or experience. 4. The LTD Plan provides for a Survivors' benefit payment for three (3) months beyond the employee’s death. 5. The terms and conditions of the disability insurance coverage are set forth in the policy, a copy of which is on file in the Human Resources Department Ooffice. In the event of any conflict between the policy and this article, the policy shall control. The City may change insurance companies, policies, or self-insure this benefit, provided that the plans shall remain comparable to that currently in effect. 1 Please note that Article XI Section C. Sick Leave Compensation provides up to sixty (60) calendar days paid sick leave per incident or illness. 136 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 18 ARTICLE X -– RETIREMENT A. CalPERS Safety “Classic Member” Retirement Benefits: 1. CalPERS Safety “Classic Member” Retirement Formula The City shall provide all safety employees described as ‘classic members’ by the Public Employees’ Pension Reform Act of 2013 – “PEPRA” with that certain retirement program commonly known and described as the “3% @ age 50 plan” which is based on the retirement formula as set forth in California Public Employees’ Retirement Law (PERL), Section 21362.2 of the California Government Code, 2. CalPERS Safety “Classic Member” Final Compensation The City shall contract with PERS to have retirement benefits calculated based on the employee’s highest one year’s compensation, pursuant to the provisions in California Public Employees’ Retirement Law (PERL) Section 20042 of the Government Code “Final Compensation” – One Year – Local Member. 3. CalPERS Safety “Classic Member” Contribution a. All “classic members” shall pay theirto CalPERS as part of the required member retirement contribution of nine percent (9%) of pensionable compensation earnable. a. 4. CalPERS Safety “Classic Member” Cost Sharing a. Effective the beginning of the pay period including January 1, 2023, classic member shall cost share two percent (2%) compensation earnable in accordance with Government Code section 20516(f). b. Effective the beginning of the pay period including January 1, 2024, classic member shall cost share an additional one percent (2%) compensation earnable in accordance with Government Code section 20516(f), for a total cost share of four percent (4%). B. CalPERS Safety “New Member” Retirement Benefits The City shall provide 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). 1. CalPERS Safety “New Member” Retirement Formula: 137 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 19 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 (PEPRA) of 2013 represented by the Association. 2. CalPERS Safety “New Member” Final Compensation Final compensation for “new members” 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). 3. CalPERS Safety “New Member” Retirement Contribution Effective October 1, 2013, “new members” as defined by PEPRA shall contribute one half of the normal cost rate, as established by CalPERS. 4. CalPERS Safety “New Member” Cost Sharing a. Effective the beginning of the pay period including January 1, 2023, “new members” safety members shall pay at least thirteen percent (13%) of pensionable compensation as their retirement contribution. If the required contribution per PEPRA (half the normal cost) is less than thirteen percent (13%), employees shall pay the difference between the required PEPRA contribution and thirteen percent (13%) as cost sharing per Government Code section 20516(f). If the required PEPRA contribution is at least thirteen percent (13%) or more, “new members” safety members will pay the required PEPRA contribution. 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. D. Self-Funded Supplemental Retirement Benefit In the event an employee elects Option #1, Option #2, #2W, Option #3, #3W or Option #4 of the Public Employees' Retirement Law, and the employee is a unit employee who was hired before November 2, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his or her life alone as provided in California Government Code Sections 21455, 21456, 21457, and 21458 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee’s death, the City's obligation shall cease. The method of funding for this benefit shall be at the sole discretion of the City. This benefit is 138 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 20 vested for employees hired before November 2, 1998. All unit employees hired on or after November 2, 1998 shall not be eligible for this benefit. E. Health Savings Account for Post Retirement Medical Benefits The City shall implement a voluntary health savings account plan during the term of the agreement for the purpose of allowing employees the opportunity to fund post medical retirement health premiums. F. Pre-Retirement Optional Settlement 2 Death Benefit The City provides its safety employees Pre-Retirement Optional Settlement 2 Death Benefit. G. 1959 Survivors’ Benefit Level IV Members of the City’s safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. H. Medical Insurance for Retirees As required by the Government Code while the City is contracted with CalPERS to participate in the Public Employees’ Medical and Hospital Care Act (PEMHCA) program, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. ARTICLE XI - LEAVE BENEFITS A. General Leave The provisions on General Leave set forth below shall go into effect in the pay period including January 1, 2022. Prior to the effective date of General Leave, members of the Association earned vacation. Employees’ vacation balances carry over past the effective date of General Leave. Although employees no longer earn vacation, they may use their vacation and shall be cashed out of any vacation balances at separation as provided herein. 1. Purpose – General Leave may be used for any purpose, including vacation, sick leave, and personal leave. 2. Anniversary Date – For the purpose of computing General Leave, an employee’s anniversary date shall be the most recent date on which they commenced full- time City employment, unless otherwise provided in writing by agreement between the City and the employee upon initial hire or re-hire. 139 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 21 3. Accrual – Employees shall accrue General Leave at their appropriate assigned work schedule rate, either forty (40) hour or (30) hour workweek for Ocean Lifeguard Specialist. Employees shall accrue annual General Leave with pay in accordance with the following: Years of Service General Leave Accrual 40-Hour Rate General Leave Accrual 30-Hour Rate First through Fourth Year 176 Hours 132 Hours Fifth through Ninth Year 200 Hours 150 Hours Tenth through Fourteenth Year 224 Hours 168 Hours Fifteenth Year and Thereafter 256 Hours 192 Hours 4. Eligibility and Approval General Leave must be pre-approved, except for illness, injury, or family sickness, which may require a physician’s statement for approval. Accrued General Leave may not be taken prior to six (6) months’ service except for illness, injury or family sickness. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees shall not accrue General Leave in excess of six hundred forty (640) hours. General Leave accumulated in excess of six hundred forty (640) hours shall be paid at the base hourly rate of pay, on the first pay day following such accumulation. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 5. Leave Conversion to Cash – During Calendar Year 2022, an employee may elect to cash out up to one-hundred and twenty (120) hours of accrued vacation leave and/or general leave at their current regular rate of pay. On or before the beginning of the pay period which includes December 15 of each calendar year beginning in December 2022, an employee may make an irrevocable election to cash out up to one hundred and twenty (120) hours of accrued General Leave, which will be earned in the following calendar year at the employee’s regular rate of pay. The employee can elect to receive up to sixty (60) hours of General Leave cash out in the pay period that includes July 15. The employee shall receive any remaining General Leave cash out to which they irrevocably elected to cash out in the pay period that includes December 1. However, if the employee’s General Leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. 140 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 22 6. Deferred Compensation/Leave Cash Out – The value of any unused earned General Leave or previously accrued 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. 7. Pay-Off at Separation from Employment Upon separation from employment, the employee shall receive compensation at their current regular rate of pay for all unused, earned general leave or previously accrued vacation to which they are entitled up to and including the effective date of their separation from employment. A.B. 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. 1. Accrual: Effective January 1, 2022, employees shall no longer accrue vacation leave. Employees in City service, having an average workweek of forty (40) hours (full time), shall accrue annual vacations with pay in accordance with the following: Years of Service Vacation Allowance First through Fourth Year 112 hours Fifth through Ninth Year 136 hours Tenth through Fourteenth Year 160 hours Fifteenth Year and Thereafter 192 hours 2. Eligibility and Permission: a. For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he/she commenced full-time City employment. b. Permanent, part-time employees assigned a work schedule of less than thirty (30) hours but more than twenty (20) hours per week shall receive vacation in one-half the amounts set forth above. Employees assigned to a workweek of less than forty (40) and more than thirty (30) hours per week shall receive vacation in three-fourths (3/4) the amounts set forth above. c. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of three hundred twenty (320) hours. Vacations shall be taken only with permission of the Marine Safety Division Cchief or designee Department Head; however, the Marine Safety Division Chief or designee Department Head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. 141 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 23 3. Conversion to Cash An employee may elect to take up to eighty (80) hours of pay per fiscal year of accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the fiscal year. a. Pay-Off at Separation from Employment Upon separation from employment the terminating employee shall receive compensation at his/her current regular rate of pay for all unused, earned vacation to which he/she is entitled up to and including the effective date of his/her separation from employment. B.C. Sick Leave As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved sick leave is covered under Article IX.E. Full-time employees hired on or before the pay period following Council approval of this 2022-2024 MOU will receive a one-time Sick Leave bank totaling 96 hours. Once this Sick Leave bank is fully used, employees will no longer receive Sick Leave, only General Leave as described above. This one-time bank may not be cashed out at any time, nor, upon separation from employment, transferred to deferred compensation, and/or a qualified medical retirement trust program. C. Time Off for Injury or Illness All employees shall be entitled to use up to sixty (60) calendar days paid leave per injury or illness. This leave shall not accumulate or have any cash value as such employees may not cash out unused leave upon separation of employment from the City D. Family Leave Benefit Entitlements As employees do not accrue sick leave, Aall employees will be allowed to use up to (sixty) 60 hours per calendar year to care for a child, parent, spouse, or registered domestic partner during illness. This paragraph will continue in its current form so long as any other unit receives it, and will sunset in the same calendar year, if eliminated as a result of contract negotiations. 142 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 24 The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use paid sick leave and earned vacation, and/or compensatory time for the duration of the approved leave. E. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed three (3) work shifts in each instance of death in their immediate family. Immediate family is defined as a parent, sibling, spouse, registered domestic partner, child, grandparent, grandchild, or wards of which the employee is the legal guardian, recognizing all birth, marital, and other legal ties (i.e., step relatives, in-laws, etc.).Employees are entitled to bereavement leave not to exceed three (3) working days per calendar year per incident of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather, stepgrandmother, 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. F. Deferred Compensation/ Leave Cash-Out The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation from employment, but only during the time that the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee’s last day of employment. G.F. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit E of this Memorandum of Understanding. ARTICLE XII - CITY RULES 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 XIII – MISCELLANEOUS 143 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 25 A. Salary Upon Appointment When an appointment of a recurrent lifeguard to the classification of Ocean Lifeguard Specialist or Marine Safety Captain Marine Safety Officer occurs, the salary step upon appointment shall be determined in the same manner as salary step upon promotions under the City's Personnel Rules. B. Physical Examinations The City agrees to pay for bi-annual physical examinations, to include stress EKG, when authorized by the Department Head, with the understanding that results thereof may be utilized for the determination of the employee's continued ability to perform duties of the position. A copy of the physical examination shall be provided to the employee upon request. C. Conditioning Time Unit employees may be allowed up to one (1) hour on each regularly scheduled shift to be used for physical conditioning. D. 1,500 Hour Recurrent Employees There is Association agrees to permit the City to implement a fifteen hundred (1,500) work hour per year for non-HBMSMA positions, subject to official change in Personnel Rules 5-24. E. Collection of Payroll Overpayments In the event that a payroll overpayment 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. 144 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 26 It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation over payments caused by or the result of misinterpretation of a pay provision by non- authorized personnel. The interpretation of all pay provisions shall be administered by the City Manager or designee. Unauthorized compensation payments shall not constitute a past practice. F. Grievance Hearing Cost Sharing Grievance hearing costs shall be shared equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to pay any part of the grievance hearing costs. G. Personnel Rule 19 Modification City and Association agree to implement Personnel Rule 19 modifications as provided in Exhibit D attached hereto and incorporated by reference. H. Update Employee-Employer Relations Resolution (EERR) During the term of the Agreement, the City and the Association agree to meet and confer to update the Employee-Employer Relations Resolution to reflect current state law. I. Modified Return to Work Policy The City and the Association agree to meet and confer during the term of the Agreement to establish a modified return to work policy for employees who experience industrial or non-industrial illness and/or injury. J. 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. 145 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 27 ARTICLE XIV - 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 _____________, 2016. CITY OF HUNTINGTON BEACH A Municipal Corporation HUNTINGTON BEACH MARINE SAFETY MANAGEMENT ASSOCIATION By: By: Fred A. WilsonOliver Chi City Manager Eric DietermanSterling Foxcroft MSMA President By: By: Ken DomerTravis Hopkins Assistant City Manager Mike PowellTrevor McDonald Business AgentMSMA Vice President By: By: Michele WarrenBrittany Mello Interim Administrative Services Director of Human Resources Chris Clarke Negotiations Team Member By: David SeguraScott Haberle Fire Chief By: Mike Baumgartner Marine Safety Chief By: Jo Ann Diaz Human Resources Analyst, Principal APPROVED AS TO FORM By: By: Sandy Henderson Human Resources Analyst, Senior Michael E. Gates City Attorney 146 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT A – MSMA SALARY SCHEDULE MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 28 Marine Safety Management Association Salary Schedule 6.75% Effective November 8, 2014 Job Code Classification Pay A B C D E Grade 0467 Marine Safety Officer I MSM467 32.90 34.70 36.62 38.63 40.76 0468 Marine Safety Officer II MSM468 37.26 39.31 41.47 43.76 46.16 0105 Marine Safety Lieutenant MSM105 41.80 44.10 46.52 49.08 51.78 2.0% Effective September 24, 2016 Job Code Classification Pay A B C D E Grade 0467 Marine Safety Officer I MSM467 33.56 35.39 37.35 39.40 41.58 0468 Marine Safety Officer II MSM468 38.01 40.10 42.30 44.64 47.08 0105 Marine Safety Lieutenant MSM105 42.64 44.98 47.45 50.06 52.82 Effective the Beginning of the Pay Period Including January 1, 2022 Job No Job Description Range A B C D E F G 0618 Ocean Lifeguard Specialist 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88 0468 Marine Safety Captain 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 0105 Marine Safety Battalion Chief 226 52.55 55.18 57.94 60.83 63.88 67.07 70.42 147 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN MSMA MOU April January 1, 202216– March December 31, 202418 29 An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement, the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System (CalPERS). The City’s obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. During any period the retired employee is eligible to receive or receives medical insurance coverage at the expense of another employer, the payment will be suspended. “Another employer” as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the Service Credit Subsidy as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such medical insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree’s eligibility to receive further benefits will cease. b. On the first of the month in which a retiree or dependent reaches age sixty five (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. c. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/hertheir death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 4. Minimum Eligibility for Benefits – With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/hertheir rehire in accordance with the City’s Personnel Rules. 148 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN MSMA MOU April January 1, 202216– March December 31, 202418 30 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 one hundred twenty dollars ($120). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy – Payment shall not exceed dollar amount, which is equal to the qualified medical expenses incurred for the purchase of city sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments - All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), continuous years of regular (permanent) service shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: Maximum Service Credit Subsidy Retirements After: Years of Service Service Credit Subsidy 10 $ 120 11 135 12 150 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20 270 21 285 22 299 23 314 24 329 25 344 The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article IX.A.3.a. provides an example of expected reductions per retiree per month. 8. Medicare 149 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN MSMA MOU April January 1, 202216– March December 31, 202418 31 a. All persons are eligible for Medicare coverage at age sixty-five (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 sixty five (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/hertheir spouse are both sixty-five (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 sixty-five (65) is eligible for paid Part A of Medicare and his/hertheir spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and his/hertheir spouse who is also age sixty-five (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 sixty-five (65). ii. At age sixty-five (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. 150 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT C – MODIFICATIONS TO EMPLOYEE-EMPLOYER RELATIONS RESOLUTION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 32 A. Employer-Employee Relations Resolution 1. Modification of Section 7 – Decertification and Modification a) The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU, except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer-Employee Relations Resolution of the City of Huntington Beach. b) The City and the Association have agreed to a procedure whereby the City, by and through the Human ResourcesAdministrative Services Director, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335) upon the City’s having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer-Employee Relations Resolution is as follows: 7-3. Personnel Direction Motion of Unit Modification – The Human ResourcesAdministrative Services Director may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: 1) The Human ResourcesAdministrative Services Director shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human ResourcesAdministrative Services Director rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for appropriateness of Units. Additionally, the Human ResourcesAdministrative Services Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; 2) Following receipt of the Human ResourcesAdministrative Services Director Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; 151 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT C – MODIFICATIONS TO EMPLOYEE-EMPLOYER RELATIONS RESOLUTION MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 33 3) The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; 4) Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. B. During the term of the agreement, the City and the Association agree to update the Employee-Employer Relations Resolution to reflect current State law. 152 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D – MODIFICATIONS TO PERSONNEL RULE 19 MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 34 19-1. PURPOSE. The purpose of this rule is to provide a means by which grievances of employees or employee organizations may be considered, discussed and resolved at the level closest to their point of origin. The grievance procedure provided for in this rule does not apply to the review of employee disciplinary matters which subject is treated in Rule 20 hereof. 19-2. DEFINITION. For the purpose of this rule, a grievance is a dispute concerning the interpretation or application of any provision of the city’s Employer-Employee Relations Resolution, or any provision of this resolution or any departmental rule governing personnel practices or working conditions, with the exception of matters excluded by Section 19-3. 19-3. MATTERS EXCLUDED FROM GRIEVANCE PROCEDURE. The following subjects are excluded from the grievance procedure provided for herein: (a) The review of employee disciplinary matters, which is treated in Rule 20 hereof. (b) All matters subject to impasse procedure, provided in the Employer- Employee Relations Resolution. 19-4. SUBMISSION OF GRIEVANCES. Any individual employee or recognized employee organization shall have the right to present a grievance. If two (2) or more employees have essentially the same grievance and report to the same supervisor, they may, and if requested to do so by the city, must jointly or collectively present and pursue their grievance. If a grievance is alleged by three (3) or more employees, the group shall, at the request of the city, appoint one of such employees to speak for the group. 19-5. GRIEVANCE PROCEDURE. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1. Informal Discussion (optional). If an employee feels that he has a grievance, as defined in Section 19-2, he may request a meeting with his immediate supervisor within ten (10) days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance. The immediate supervisor, within ten (10) days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The immediate supervisor shall present, verbally or in writing, his decision to the employee within ten (10) days from the time of the informal discussion. Step 2. Formal Procedure. Immediate Supervisor. If the grievance is not settled through informal discussion, or if the employee elects not to invoke his right to 153 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D – MODIFICATIONS TO PERSONNEL RULE 19 MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 35 informal discussion, the employee may formally submit a grievance to his immediate supervisor within ten (10) days following the decision pursuant to informal discussion, or in the event the employee does not elect to invoke his right to informal discussion, within ten (10) days after the occurrence which gives rise to the grievance or after the employee becomes aware or reasonably should have been aware of the subject matter of the grievance. Such submission shall be in writing, stating the nature of the grievance and a suggested solution or requested remedy. Within ten (10) days after receipt of the written grievance, the immediate supervisor shall meet with the employee. Within ten (10) days thereafter written decision shall be given the employee by the immediate supervisor. Step 3. Department Head. In cases where the department head is not the immediate supervisor, if the grievance is not settled under Step 2, the grievance may be presented to the department head. The grievance shall be submitted within ten (10) days after receipt of the written decision from Step 2. Within ten (10) days after receipt of the written grievance, the department head or his representative, shall meet with the employee and his immediate supervisor, if any. Within ten (10) days thereafter written decision shall be given to the employee. Step 4. City Manager. If the grievance is not settled under Step 3, the grievance may be presented to the City Manager in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Human Resources Administrative Services Director who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Human ResourcesAdministrative Services Director, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Manager within ten (10) days following such hearing. The City Manager may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. Within ten (10) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Manager, the City Manager shall make written decision and cause such to be served upon the employee or employee organization and the Human ResourcesAdministrative Services Director. Step 5. Personnel Commission. If the grievance is not settled under Step 4, it may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: (a) Within ten (10) days after the time decision is rendered under Step 4 above, a written statement of grievance shall be filed with the Human 154 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D – MODIFICATIONS TO PERSONNEL RULE 19 MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 36 ResourcesAdministrative Services Director. Such statement of grievance shall set forth in detail the nature of the grievance, the facts surrounding the subject matter of the grievance, the contentions of the employee and the proposed solution or determination. (b) As soon as practicable thereafter, the Human ResourcesAdministrative Services Director shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 19-6. SUPPLEMENTAL HEARING BY PERSONNEL COMMISSION (a) The Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Commission sets a private hearing for such purpose, the Human Resources Administrative Services Director shall give written notice of such to all parties concerned in such matter. (b) The Commission, following a consideration of the hearing officer’s written report and recommendation and deliberation thereon and any supplemental hearing before the Commission, shall make findings, conclusions and decision which shall be final and binding on all parties and from which there shall be no further appeal. 19-7. GRIEVANCE. DEPARTMENT HEAD. Any department head who has a grievance may present it to the City Manager for determination. The City Manager shall render a written decision to said department head within ten (10) days after such submission, which decision may be appealed by the department head to the Personnel Commission in accordance with Step 5 of Section 19-5. 155 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 37 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. Employees who accrue vacation, general leave or compensatory time may donate such leave to another 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 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. 156 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 38 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient’s hourly wage. An employee needing leave will complete a Leave 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 a Leave Donation Form to the Finance Department (City 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 Divisionepartment on questions regarding employee participation in this program. 157 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 39 Please submit this form to the Human Resources Ooffice for processing. Voluntary Catastrophic Leave Donation Program Leave Request Form 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) Work Phone: Department: Job Title: Employee ID#: Requester Signature Date: Department Director Signature of Support: Date: Human Resources Department Division use only End donation date will bridge to  Long Term Disability  Medical Retirement beginning  Length of FMLA leave ending  Return to work End donation date Human ResourcesAdministrative Services Director or Designee Signature Date signed 158 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM MSMA MOU AprilJanuary 1, 202216– March December 31, 202418 40 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: Vacation Compensatory Time General Leave Number of Hours I wish to Donate: Hours of Vacation Hours of Compensatory Time 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 Finance Department. 159 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-941 MEETING DATE:12/1/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Brittany Mello, Interim Administrative Services Director Subject: Introduction of the Proposed Memorandum of Understanding (MOU) Between the Huntington Beach Police Management Association (PMA) and the City of Huntington Beach for July 1, 2021, through December 31, 2023 Statement of Issue: The Memorandum of Understanding (MOU) between the City of Huntington Beach and the Police Management Association (PMA) expired on June 30, 2020. The City and PMA have engaged in good-faith negotiations, ultimately reaching tentative agreement November 2021 on terms related to a 2.5 year contract covering the period of July 1, 2021, through December 31, 2023. Financial Impact: Pursuant to the terms agreed upon with PMA, the Finance Department estimates the total projected average annual cost increase of the MOU to be $190,474 per year during the life of the agreement. Recommended Action: Approve the introduction of the proposed Memorandum of Understanding between the Police Management Association and the City of Huntington Beach for the period of July 1, 2021, through December 31, 2023. Alternative Action(s): Do not approve the introduction of the proposed successor MOU for PMA employees, and direct staff to: (1) continue to meet and confer with the Association, or (2) utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution. Analysis: The Police Management Association (PMA) represents approximately 13 employees in the City. Representatives for the City and PMA engaged in active discussions over an extended period, ultimately reaching tentative agreement on contract terms for a 2.5 year period. Key changes in the proposed MOU include the following: City of Huntington Beach Printed on 11/30/2021Page 1 of 3 powered by Legistar™160 File #:21-941 MEETING DATE:12/1/2021 Term of Agreement July 1, 2021, through December 31, 2023 Salary Range Adjustment ·Effective July 1, 2021, employees will shift to a new, seven-step salary range (A - G). All employees will be placed on the step in the new salary range that is closest to their current base salary step without being less. ·Employees who have reached top step (Step G) will be eligible to earn an annual merit-based bonus of up to three percent (3%) of their base rate of pay at their regularly-scheduled performance evaluations. CalPERS Cost Sharing ·Beginning January 1, 2022, Classic member safety employees shall contribute an additional 1% towards CalPERS costs, for a total 12% contribution, and New member safety employees shall contribute a minimum of 13%. ·Beginning January 1, 2023, Classic member safety employees shall contribute an additional 1% towards CalPERS costs, for a total 13% contribution. Medical Benefits ·Beginning January 1, 2022, the City’s maximum monthly contribution to medical plan rates will increase to $825.86 for employee only; $1,704.15 for two party; and $2,179.80 for family coverage. Effective January 1, 2022, employees who opt out of vision coverage will no longer have the employee premium applied toward their medical premium. ·Beginning January 1, 2023, the City’s maximum monthly contribution will increase by $23.33 per month, not to exceed the monthly plan premium cost, as follows: $849.19 for employee only; $1,727.48 for two party; and $2,203.13 for family coverage. Holiday Compensation ·Elimination of current Holiday language effective December 31, 2021. ·Addition of Holiday-in-Lieu Pay effective January 1, 2022. Special Pays ·Additional contract adjustments with regard to specialty pay types were made for educational incentive pay related to earning an Advanced POST Certificate or Bachelor’s degree to align with standard benefits provided to the Huntington Beach Police Officer’s Association. These key changes and all other negotiated provisions are included in the proposed Memorandum of Understanding. Environmental Status: City of Huntington Beach Printed on 11/30/2021Page 2 of 3 powered by Legistar™161 File #:21-941 MEETING DATE:12/1/2021 Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Summary of Memorandum of Understanding Modifications 2. Fiscal Impact Report 3. Proposed Memorandum of Understanding City of Huntington Beach Printed on 11/30/2021Page 3 of 3 powered by Legistar™162 City of Huntington Beach Police Management Association (PMA) Summary Memorandum of Understanding Modifications November 24, 2021 Article # Subject Proposal Preamble Term July 1, 2021 – December 31, 2023 Article III Salary Schedules New Salary Schedule Effective the pay period including July 1, 2021, shift to a new master salary schedule that includes seven-steps (A – G) with five percent (5%) between each step; and one percent (1%) between each range. All employees will be placed on the step in the new salary range that is closest to their current base salary step without being less. Article III Salary Schedules Performance Based Bonus Employees will have the ability to earn up to 3% merit-based bonus after the employee hits top step at their next regularly scheduled performance evaluation date. This bonus will be provided as a lump sum and will not increase the employee’s base salary. Article IV Retirement CalPERS Cost Sharing Effective the beginning of the pay period including January 1, 2022, classic member safety members shall cost share an additional one percent (1%) compensation earnable for a total of 3% cost sharing. Effective the beginning of the pay period including January 1, 2023, classic member safety members shall cost share an additional one percent (1%) compensation earnable for a total of 4% cost sharing. Article V Health and Other Insurance Benefits Employer Contribution to Health and Other Insurance Benefits A modification to Article V to increase the monthly maximum employer contribution towards flex benefits as follows: Effective the beginning of the pay period including January 1, 2022: Single - $825.86 Two party - $1,704.15 Family - $2,179.80 Effective January 1, 2022, employees who opt out of vision coverage will no longer have the employee premium applied towards their medical premium. Effective the beginning of the pay period including January 1, 2023, City will increase the maximum contribution to health insurance by $23.33/month, not to exceed the actual cost of the premium, as follows: Single - $849.19 Two party - $1,727.48 163 Family - $2,203.13 Article IX Leave Benefits General Leave Language updated to include irrevocable election language to address IRS provision on constructive receipt. Article IX Leave Benefits Sick Leave Sunset of Police Lieutenant sick leave (probationary period) provision. Article XI Holidays Holiday Compensation Elimination of current Holiday language effective through December 31, 2021. Addition of Holiday in Lieu Pay effective January 1, 2022. Article XIII Special Pay Advanced POST Pay Effective on the first day of the pay period including July 1, 2021, employees who have earned an Advanced POST Certificate shall be paid six percent (6%) of base hourly rate of pay. Article XIII Special Pay Educational Incentive Pay Effective on the first day of the pay period including July 1, 2021, employees who have earned a BA/BS Degree shall be paid six percent (6%) of base hourly rate of pay. MOU clean-up language is set forth in the track-changed MOU to which the parties have agreed and will sign following City Council approval of the MOU. 164 City of Huntington BeachPMA Proposal Proposed Term: 2.5 yearsYear 1 Year 2 Year 2FY 21/22 FY 22/23 FY 22/23MOU Item # UnionDescription Rate / $Estimated YOYImpactEstimated YOYImpactEstimated YOYImpactTotal Cost of Proposal Notes:1AllTerm: 2.5 years (July 1, 2021 through December 31, 2023)2 PMA Salary Shift to New Ranges 19,483                ‐                     ‐                     19,483               3 PMA Annual Top Step Bonus up to 3%Up to 3% 59,592               ‐                     ‐                     59,592               Assume 2% due to department discretion in bonuses given4 PMA Increase PERS Contributions to 13% ‐ Add'l 1% effective January 1, 2022; Add'l 1% effective January 1, 2023‐2%(14,971)              (29,498)              (14,528)              (58,997)             Phase‐in Approach5 PMA Employer Health Contributionsvarious‐                     19,198               ‐                     19,198               6 PMA Add 6% Education pay for BA/BS Degree1%194,952             ‐                     ‐                     194,952            All will receive7PMAAdd 6% for Advanced POST Certificate and Remove $80/mo Supervisory/Leadership Cert Pay6%186,502             ‐                     ‐                     186,502            All will receive Adv POST and 2 Capt, 4 Liet will stop $80/mo8 PMA Increase Holiday Pay from 80 hours to 120 hours per year various 27,728               27,727               ‐                     55,455               No OT Included.Effective Jan 1, 2022Total Cost of ProposalPMA 473,286          17,427              (14,528)           476,185          165 166 Legislative Draft Memorandum of Understanding Between Huntington Beach Police Management Association and City of Huntington Beach JulyJanuary 1, 202118 -– December June 310, 20230 167 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 i PREAMBLE ................................................................................................................ 5 ARTICLE I -- REPRESENTATIONAL UNIT ................................................................... 5 ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT ......................................... 5 ARTICLE III -- SALARY SCHEDULES ........................................................................... 5 A.SALARY SCHEDULE EXHIBIT A ........................................................................................... B. MODIFIED SALARY SCHEDULE .......................................................................................... C. PERFORMANCE BONUS .................................................................................................... ARTICLE IV - RETIREMENT .......................................................................................... 6 A. CLASSIC SAFETY EMPLOYEE RETIREMENT BENEFITS ....................................................... 6 1. 3 @ Age 50 Plan .......................................................................................................................... 6 2. 1959 Survivors' Benefits .............................................................................................................. 6 3. Pre-retirement Optional 2 Death Benefit ...................................................................................... 6 4. One Year Final Compensation ..................................................................................................... 6 5. Classic Safety CalPERS Member Contribution ........................................................................... 6 6. Classic Member Safety CalPERS Cost Sharing ............................................................................ B. Self-Funded Supplemental Retirement Benefit ........................................................................................ 6 C. CalPERS "New Member" Retirement Benefits......................................................................................... 7 D. "New Member" Safety Retirement Benefits .............................................................................................. 7 1. CalPERS "New Member" Safety Retirement Formulas ............................................................... 7 2. Employee Contributions ............................................................................................................... 7 32. 1959 Survivors' Benefit Level IV ................................................................................................ 7 43. Pre-Retirement Optional Settlement 2 Death Benefit ................................................................ 7 54.Three Year Final Compensation ................................................................................................. 7 5. New Member Safety CalPERS Member Contributions .................................................................. 6. New Member Safety CalPERS Cost Sharing ................................................................................ ARTICLE V -- HEALT H AND OTHER INSURANCE BENEFITS ................................... 8 A. HEALTH .................................................................................................................. 8 1. CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA) .................................. 8 a. PEMHCA Employer Contributions .......................................................................................... 8 b. Maximum Employer Contributions Towards Flex Benefits ..................................................... 8 2. Dental Insurance .......................................................................................................................... 9 3. Retiree (Annuitant) Coverage ...................................................................................................... 9 a. City Contribution (Unequal Contribution Method) for Retirees ............................................... 9 b. Termination of Participation in the CalPERS PEMHCA program - Impact to Retirees ........ 10 c. Termination Clause ............................................................................................................... 10 4. Medical/Vision Cash-Out ........................................................................................................... 10 B. SECTION 125 EMPLOYEE PLAN .............................................................................. 11 168 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 ii C. LIFE INSURANCE ................................................................................................... 11 D. CITY CONTRIBUTION TOWARDS LTD INSURANCE AND LTC PROGRAM ...................... 11 E. EMPLOYEE W ELFARE BENEFIT TRUST FUND ........................................................... 12 ARTICLE VI -- BEREAVEMENT LEAVE ...................................................................... 16 ARTICLE VII -- ADDITIONAL MANAGEMENT BENEFITS ......................................... 16 A. TAKE HOME VEHICLE USE ..................................................................................... 16 B. BILINGUAL PAY ..................................................................................................... 16 C. UNIFORM ALLOWANCE ........................................................................................... 14 D. MEAL ALLOWANCE ................................................................................................ 17 1. Per Diem .................................................................................................................................... 14 2. Per Diem Schedule .................................................................................................................... 15 E. MILEAGE ALLOWANCE ........................................................................................... 18 F. ONE TIME PAYMENT FOR LAW ENFORCEMENT EQUIPMENT ....................................... 15 GF. EFFECTIVE DATE OF ADDITIONAL MANAGEMENT BENEFITS ....................................... 15 ARTICLE VIII -- CONTROLLED SUBSTANCE AND ALCOHOL TESTING ................ 19 ARTICLE IX–LEAVE BENEFITS .................................................................................. 19 A. ANNIVERSARY DATE .............................................................................................. 19 B. GENERAL LEAVE ................................................................................................... 19 1. AccrualPurpose ......................................................................................................................... 16 2. Eligibility and ApprovalAnniversary Date ................................................................................... 16 3. General Leave Pay at TerminationAnnual General Leave Eligibility ......................................... 17 4. Conversion to CashGeneral Leave Accrual .............................................................................. 17 5. Use of General Leave .................................................................................................................... 6. General Leave Conversion to Pay During Employment ................................................................ 7. Transfer of the Value of General Leave at Separation .................................................................. C. SICK LEAVE .......................................................................................................... 17 1. Accrual ....................................................................................................................................... 17 2. Credit ......................................................................................................................................... 17 3. Usage ........................................................................................................................................ 17 DC. POLICE LIEUTENANT SICK LEAVE (PROBATIONARY PERIOD) .................................... 17 ED. LEAVE BENEFIT ENTITLEMENTS .............................................................................. 17 FE. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ........................................ 18 169 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 iii ARTICLE X SICK LEAVE PAY OUT ........................................................................... 23 ARTICLE XI -- HOLIDAYS ........................................................................................... 18 A. CITY PAID HOLIDAYS ............................................................................................. 18 B. HOLIDAY COMPENSATION - EFFECTIVE UNTIL DECEMBER 31, 2021 .......................... 19 C. SHIFT DIFFERENTIAL PAY .......................................................................................... D. HOLIDAY IN LIEU PAY - EFFECTIVE JANUARY 12, 2022 ................................................. ARTICLE XII -- WORK SCHEDULE / EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE ............................................................................. 26 A. WORK SCHEDULE ................................................................................................. 26 1. 4-10 Plan ................................................................................................................................... 20 2. 7-11.5 Plan ................................................................................................................................ 20 a. Work Day .............................................................................................................................. 21 b. Work Period .......................................................................................................................... 21 B. DEDUCTIONS FROM PAY, EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE ..... 27 C. Executive Leave ................................................................................................. 21 ARTICLE XIII -- SPECIAL PAY .................................................................................... 27 A. PROFESSIONAL ACHIEVEMENT REWARD PROGRAMADVANCED POST CERTIFICATE ... 27 B. EDUCATION INCENTIVE PAY ....................................................................................... BC. EXECUTIVE DEVELOPMENT INCENTIVE PROGRAM .................................................... 22 CD. LONGEVITY PAY .................................................................................................... 22 DE.. ACTING ASSIGNMENT ............................................................................................ 22 ARTICLE XIV-- MANAGEMENT RIGHTS .................................................................... 29 ARTICLE XV-- MISCELLANEOUS PROVISIONS ....................................................... 23 A. RE-OPENER ......................................................................................................... 23 B. PERSONNEL RULE CHANGES ................................................................................. 23 1. Personnel Rule 5-21 Reemployment Lists ............................................................................ 24 C.A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION (EERR) ........................................ 24 1. Amendments to the EERR ........................................................................................................ 24 a. Modification of Section 7 - Decertification and Modification ................................................. 24 DB. WEAPONS VESTING............................................................................................... 25 EC. ASSOCIATION BUSINESS ........................................................................................ 25 F. DEFERRED COMPENSATION/LEAVE CASH-OUT ........................................................ 25 GD. COLLECTION OF PAYROLL OVER PAYMENTS............................................................ 26 170 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 iv HE. DIRECT DEPOSIT ................................................................................................... 26 IF. ADMINISTRATION APPEAL PROCEDURE ................................................................... 26 JG. GRIEVANCE HEARING COST SHARING ..................................................................... 26 KH. ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ................................................... 27 ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING ......................... 27 ARTICLE XVII -- CITY COUNCIL APPROVAL ............................................................ 34 LIST OF MOU EXHIBITS .............................................................................................. 29 EXHIBIT A – SALARY SCHEDULE ............................................................................. 30 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN ........................................................ 31 EXHIBIT C - ADMINISTRATIVE APPEAL PROCEDURE ............................................ 34 EXHIBIT D - VOLUNTARY CATAST ROPHIC LEAVE DONATION PROGRAM ......... 37 EXHIBIT E - ALTERNATIVE DISPUTE RESOLUTION AGREEEMENT ..................... 41 EXHIBIT F - HEALTH PREMIUMS AND CONTRIBUTIONS ....................................... 46 171 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) PREAMBLE WHEREAS the designated representative of the City of Huntington Beach and the Huntington Beach Police Management Association (PMA) 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 (MOU) is made, to become effective January 1, 2018 July 1, 2021 through December 31June 30, 20230. Except as otherwise provided in this MOU, the provisions are effective on July 1, 2021. ARTICLE I -- REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Police Management Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of represented employees of the Huntington Beach Police Department within the classification titles of Police Captain and Police Lieutenant as outlined in Exhibit A attached hereto and incorporated herein. ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this MOU shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Police Management Association. ARTICLE III -- SALARY SCHEDULES A. Employees shall be compensated at rates by classification title and salary range during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other Articles of this MOU. 172 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 6 B. Effective at the beginning of the pay period including July 1, 2021, the parties’ agree that the salary schedule in Exhibit A reflects the following modifications from the salary schedule in the 2018-2020 MOU: 1) The salary schedule will include seven (7) steps from A-G; 2) The steps will be five percent (5%) steps; 3) All employees will be placed on the new salary schedule at the step that is closest to the base salary step they were on (of the 2018-2020 salary schedule) without being less. Once placed on the new, seven-step salary schedule, employees will be eligible to move to the next step on their anniversary date (i.e., the date they are due for their next evaluation) upon receipt of a satisfactory evaluation. C. Performance Bonus – Effective at the beginning of the pay period including July 1, 2021, employees in the unit who are at Step G on the salary schedule are eligible for an annual performance bonus of up to three percent (3%) of their base pay at the time of their evaluation. The annual performance bonus amount will be determined based upon the evaluation of the employee’s performance. A completed performance evaluation with specific recognition of outstanding performance must be attached to the Personnel Action Form and sent to the Human Resources Division. The evaluation will also identify performance goals and objectives. Employees who disagree with the performance bonus award granted by their supervisor / manager may appeal the decision directly to the Police Chief for additional consideration. After review, the Police Chief’s final decision regarding the performance bonus award amount shall be final and binding, and shall not be subject to grievance. The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus. 173 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 7 ARTICLE IV – RETIREMENT A. Classic Safety Employee Retirement Benefits: A.1. 3% @ 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. B.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. C.3. Pre-retirement Optional 2 Death Benefit (California Government Code Section 21548) – Safety Employees) D.4. One-Year Final Compensation (California Government Code Section 20042) E.5. Classic Safety CalPERS Member Contribution: - 1. All “classic member safety members” shall pay their CalPERS member contribution of nine percent (9%) of compensation earnable.to PERS as part of the required member retirement contribution, a total of eleven percent (11%) of pensionable compensation. a. 2. This provision shall not sunset at the expiration of this agreement. a. This cost-sharing provision is pursuant to Government Code Section 20516(f). 3.b. 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. 6. Classic Member Safety CalPERS Cost Sharing: a. Classic member safety members cost share two percent (2%) compensation earnable in accordance with Government Code section 20516(f). 174 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 8 b. Effective the beginning of the pay period including January 1, 2022, classic member safety members shall cost share an additional one percent (1%) compensation earnable in accordance with Government Code section 20516(f), for a total cost share of three percent (3%). c. Effective the beginning of the pay period including January 1, 2023, classic member safety members shall cost share an additional one percent (1%) compensation earnable in accordance with Government Code section 20516(f), for a total cost share of four percent (4%). B. Self-Funded Supplemental Retirement Benefit – In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees’ 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/hertheir 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). C. 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. D. “New Members” Safety Retirement Benefits: 1. CalPERS “New Member” Safety Retirement Formula: 2.7% @ 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. 175 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 9 2. Sworn employees covered by this agreement shall pay one half (50%) of the normal cost rate, as established by CalPERS, as required by California Government Code Section 7522.30(c). 3.2. 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. 4.3. 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). 5. New Member Safety CalPERS Member Contribution: Sworn employees covered by this agreement shall pay one half (50%) of the normal cost rate, as established by CalPERS, as required by California Government Code Section 7522.30(c). 6. New Member Safety CalPERS Cost Sharing: Effective the beginning of the pay period including January 1, 2022, “new members” safety members shall pay at least thirteen percent (13%) of pensionable compensation as their retirement contribution. If the required contribution per PEPRA (half the normal cost) is less than thirteen percent (13%), employees shall pay the difference between the required PEPRA contribution and thirteen percent (13%) as cost sharing per Government Code section 20516(f). If the required PEPRA contribution is at least thirteen percent (13%) or more, “new members” safety members will pay the required PEPRA contribution. 5. ARTICLE V -- HEALTH AND OTHER INSURANCE BENEFITS B.A. Health The City shall continue to make available group medical, dental and vision benefits to all 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 176 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 10 employee separates, unless otherwise precluded by the CalPERS Public Employees’ Medical and Hospital Care Act (PEMHCA). All employee contributions shall be deducted on a pre-tax basis. 1. CalPERS PEMHCA The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums. A retiree’s right to receive a City contribution, and the City’s obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee the mandated minimum sum (i.e., the annual PEMHCA statutory minimum) 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 Towards Flex Benefits For the term of this Agreement, the City’s maximum monthly employer contributions 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 $774.00. Effective in the pay period that includes January 1, 2022, the City agrees to increase this amount to the PORAC Region 2 amount for employee only coverage, but not higher than $825.86 per month. Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the PORAC Region 2 amount for employee only coverage, but not higher than $849.19 per month. i.ii. Employee + one dependent (“EE” + 1) – The cost of the premium up to a maximum of $1,623.00. Effective in the pay period that includes January 1, 2022, the City agrees to increase this amount to the PORAC Region 2 amount for employee plus 1 coverage, but not higher than $1,704.15 per month. Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the PORAC Region 2 amount for employee plus 1 coverage, but not higher than $1,727.48 per month. iii. Employee + two or more dependents (“EE” + 2) – The cost of the premium up to a maximum of $2,076.00. Effective in the pay period that includes January 1, 2022, the City agrees to increase this amount to the PORAC Region 2 amount for employee plus 2 or more dependents 177 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 11 coverage, but not higher than $2,179.80 per month. Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the PORAC Region 2 amount for employee plus 2 coverage, but not higher than $2,203.13 per month. ii.iv. The City shall also pay up to $23.50 per month for each employee for the VSP Vision Plan. The maximum City contribution shall be based on the employee’s enrollment in each plan. The parties agree that the required PEMHCA contribution (i.e., the annual PEMHCA statutory minimum) is included in this sum stated in the sub-section above. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. Effective January 1, 2020, the City contribution in each category shall not increase. Any increase in premiums above the City’s September 7, 2019 contribution cap will be the responsibility of the employee. 2. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is two thousand dollars ($2,000). 1. 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. 2. The City’s contribution to dental insurance shall not increase. Any increase in dental premiums above the City’s current contribution cap as listed herein, will be the responsibility of the employee. [Health Premiums and Contributions Tables in Exhibit F] Table 1. PMA Health Contributions Effective July 1, 2021 Maximum City Contribution The City agrees to contribute up to the premium, but not higher than the maximums listed below: Tier Medical Dental PPO Dental HMO Vision Single 774.00 57.86 30.11 23.50 Two Party 1623.00 108.02 51.19 23.50 Family 2076.00 142.36 78.29 23.50 For employees who elect to discontinue vision coverage, the employee premium paid for vision coverage will be applied toward the medical premium. 178 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 12 Table 2. PMA Health Contributions Effective January 1, 2022 Maximum City Contribution The City agrees to contribute up to the premium, but not higher than the maximums listed below: Tier Medical Dental PPO Dental HMO Vision Single 825.86 57.86 30.11 23.50 Two Party 1,704.15 108.02 51.19 23.50 Family 2,179.80 142.36 78.29 23.50 Table 3. PMA Health Contributions Effective January 1, 2023 Maximum City Contribution The City agrees to contribute up to the premium, but not higher than the maximums listed below: Tier Medical Dental PPO Dental HMO Vision Single 849.19 57.86 30.11 23.50 Two Party 1,727.48 108.02 51.19 23.50 Family 2,203.13 142.36 78.29 23.50 3. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City’s requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. i.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 contribution method is 2004 at $1.00 per month. The City’s contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amounts 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. ii.b. Termination of Participation in the CalPERS PEMHCA program – Impact to Retirees 179 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 13 The City’s requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the Retiree Medical Subsidy program in place per Resolution No. 2000-116, Exhibit B, to the MOU shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. iii.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. Medical/Vision Cash-Out a. Employees covered by a medical program outside of a City-provided program (evidence of which must be supplied to the Human Resources DivisionDepartment), may elect to discontinue City medical coverage and either direct the cash value of the City’s Contribution Cap for the lowest-cost employee only (“EE”) medical coverage as described in Article V.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. a. b. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. This paragraph shall sunset on December 31, 2021. C.B. 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 180 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 14 dependent care and/or unreimbursed medical expenses as determined by the Internal Revenue Code. D.C. Life Insurance The City will provide fifty thousand dollars ($50,000) term life insurance and fifty thousand dollars ($50,000) accidental death and dismemberment insurance without evidence of insurability other than evidence of working full time. An additional ten thousand dollars ($10,000) of life insurance may be purchased, at the employee’s cost, with evidence of insurability. A.D. City Contribution Towards Long-Term Disability (LTD) Insurance and Long- Term Care (LTC) Program The City authorizes the Association to enroll in the Long-Term Disability (LTD) Insurance Program and the Long-Term Care (LTC) Program provided to the Huntington Beach Police Officers’ Association (HBPOA). 1. The City shall pay the HBPOA on the Association’s behalf the cost of LTD premiums not to exceed thirty-eight dollars ($38.00) per month per covered members of the PMA. 2. The City shall pay the HBPOA on the Association’s behalf the cost of LTC premiums not to exceed twenty-five dollars ($25.00) per month per covered members of the PMA. 3. The City and the Association agree that the City shall no longer provide LTD insurance coverage to Association members. Employee coverage under the City’s sponsored program was terminated July 31, 2006. 4. The City and the Association agree that HBPOA contracts with an authorized LTD and LTC provider and that the City is not responsible for paying the cost of premiums and any expenses incurred for administering both programs. 5. The City and the Association agree that the PMA coverage for LTD insurance and LTC is authorized under the same existing conditions under which the HBPOA is authorized by the City to provide such coverage to its members. The City and the Association agree that in the event the HBPOA does not meet its obligation and reporting requirements to the City for PMA members, the City’s contribution amounts of thirty-eight dollars ($38.00) and/or twenty-five dollars ($25.00) may cease without retroactive payments. 6. The Association 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, 181 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 15 interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance and LTC programs. B.E. Employee Welfare Benefit Trust Fund The City authorizes the HBPMA to participate in an employee welfare medical benefit trust fund program, called that PORAC Retiree Medical Trust, providing the following conditions are adhered to: 1. The City and HBPMA agree that the City shall not provide any contribution to the program. 2. Effective 5/31/08, Tthe City shall withhold $100.00 monthly for each represented employee. Thereafter, said withholding shall be in an amount as designated by the HBPMA. Deductions shall be taken on the first two checks of each month. 3. HBPMA shall pay all associated expenses incurred for participation in the program. 4. Upon request, the HBPMA shall provide documentation to the City as follows: 4. A.a. A copy of the in-force employee medical welfare benefit trust fund program; B.b. A statement certifying that funds collected are for employee welfare medical benefits for HBPMA represented employees only; C.c. A copy of the current program document as well as any changes of amendments, or written confirmation that there have been no changes as employee medical welfare benefit trust fund program provider; D.d. Verification of the funds submitted to the PORAC Retiree Medical Trust by the HBPMA, and E.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 HBPMA. 5. City shall submit the withheld funds to the PORAC Retiree Medical Trust bi-weekly. 6. All Federal and State laws regarding employee medical welfare benefit trust 182 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 16 funds coverage shall be followed. 7. HBPMA 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. ARTICLE VI -- 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. ARTICLE VII -- ADDITIONAL MANAGEMENT BENEFITS F.A. Take Home Vehicle Use 1. Employees must reside within thirty-five (35) miles of the City limits in order to be assigned a take home City vehicle. An employee assigned an unmarked vehicle is required to be able to report directly to work or any emergency situation, at any time, at the direction of the Chief of Police or his delegate. Use of an unmarked vehicle for more than minimal personal use is not authorized. G.B. Bilingual Pay Qualified employees who meet the criteria shall receive five percent (5%) of their base monthly rate of pay for bilingual skills paid on a bi-weekly basis. 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. 2. Authorization of qualified employees for bilingual compensation will be based on the following: 183 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 17 c.a. A need for the employee to use the language in the City to support the implementation of police operations. d.b. At the discretion of the Chief of Police, the number of employees qualified in each category may be limited based on department needs. 3. 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. H.C. Uniform Allowance 1. The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees. The uniform allowance is one thousand two hundred and seventy-five dollars ($1,275) per year for all employees and shall be paid in December on a separate payroll check. Employees hired after January 1st shall have their uniform allowance pro-rated for each month in which they were on active duty for at least one full shift. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law; City resolution or ordinance, or by order of the Chief of Police. 2. The City shall report to the CalPERS the uniform allowance paid as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). C.a. Employees subject to PEPRA will have uniform allowance paid and will be subject to Government Code Section 7522.34(C)7 related to the treatment thereof regarding pensionable compensation. I.D. 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) mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal hours or require lodging. 184 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 18 b. Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule. c. Meal expenses other than listed above may be considered for reimbursement (receipts required) by the Division Commander. d. Receipts are not required other than noted above. 2. Per Diem Schedule The General Services Administration (GSA) establishes per diem rates. Employees may be reimbursed for meals in amounts that do not exceed the breakdown per meal as established at www.gsa.gov/mie. J.E. Mileage Allowance The City shall reimburse employees for the use of personal automobiles at the existing IRS reimbursable rate. K. One Time Payment for Law Enforcement Equipment Effective the beginning of the pay period following final City Council approval of the 1/1/18 – 6/30/20 MOU, all employees in the bargaining unit on that date will receive a one-time lump sum payment of one thousand two hundred dollars ($1,200.00) which is to reimburse employees for the previous and future purchases of law enforcement related equipment. This payment will only be made to employees in the bargaining unit at the beginning of the pay period following City Council final approval of this MOU. The employees in the unit acknowledge that the reimbursement will be used solely for out of pocket costs they have and will incur for equipment related to their job. The parties agree and acknowledge that since this one time lump sum payment is specifically being made for the reimbursement of out of pocket costs of work related equipment, it is not special compensation (as defined under Title 2 Section 571 for classic member employees) and therefore will not be reported to CalPERS as compensation earnable. This payment will be made one-time and the City is not obligated to make it again unless the parties affirmatively agree to such a payment in the future. L.F. Effective Date of Additional Management Benefits All additional management benefits shall be effective the first full pay period following certification and verification as approved by the Chief of Police or designee. It is agreed that any PERSable benefits shall be reported to CalPERS; however, the treatment of any special pay under this provision as “pensionable compensation” shall be subject to CalPERS regulations. Where there is any 185 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 19 conflict between the City’s treatment of any special pay and CalPERS, CalPERS’ determination shall prevail. ARTICLE VIII – CONTROLLED SUBSTANCE AND ALCOHOL TESTING The City maintains the right to conduct a controlled substance and alcohol 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. ARTICLE IX– LEAVE BENEFITS A. Anniversary Date For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he/shethey commenced full-time City employment. B. General Leave: 1. Purpose -– The purpose of annual General Leave is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed, as well as for an illness or injury of the employee not otherwise covered under other provisions of law (e.g., Labor Code 4850, workers’ compensation laws, etc.). 2. Anniversary Date -– For the purpose of computing General Leave, an employee’s anniversary date shall be the most recent date on which they commenced full-time City employment, unless otherwise provided in writing by agreement between the City and the employee upon initial hire or re-hire. 3. Annual General Leave Eligibility -– All employees shall be entitled to use annual General Leave with pay except the following: a. Employees who have not completed six (6) months of continuous service with the City. However, employees with less than six (6) months of continuous service may, after 90 days, use up to 24 hours of General Leave for the purpose of an injury to or illness of themselves. b. Employees who work less than full-time who are not permanent. However, employees who do not work full-time and are not permanent may, after 90 days, use up to 24 hours of General Leave for the purpose of illness, injury, or family sickness. c. Employees on leave of absence. 186 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 20 4. General Leave Accrual -– Employees in the City’s service, having an average work week of forty (40) hours, shall accrue annual General Leave with pay in accordance with the following: a. For the first (1st) through the fourth (4th) year of continuous service, General Leave shall be accrued at the rate of one hundred and seventy six (176) hours per year (6.77 hours biweekly). b. For the fifth year (5th) and through the ninth (9th) year of continuous service, General Leave shall be accrued at the rate of two hundred (200) hours per year (7.69 hours biweekly). c. For the tenth (10th) year and through the fourteenth (14th) year of continuous service, General Leave shall be accrued at the rate of two hundred and twenty four (224) hours per year (8.62 hours biweekly) For the fifteenth (15th) year and thereafter of continuous service, General Leave shall be accrued at the rate of two hundred and fifty six (256) hours per year (9.85 hours biweekly). d. Table 4. PMA General Leave Annual Accrual Schedule Years of Service General Leave Accrual First through Fourth Year 176 Hours Fifth through Ninth Year 200 Hours Tenth through Fourteenth Year 224 Hours Fifteenth Year and Thereafter 256 Hours 5. Use of General Leave: a. No employee shall be permitted to use General Leave in excess of actual time earned and General Leave shall not be accrued in excess of six hundred and forty (640) hours. General Leave use for vacations shall be taken only with permission of the Chief of Police (or their designee); however, the Chief of Police shall schedule all vacations with due consideration for the wishes of the employee and particular regard for the needs of the department. If used as sick leave, employees must call in prior to their shift and provide a supervisor with notice that they are using General Leave due to illness or injury. b. General Leave accumulated in excess of the six hundred and forty (640) hour cap shall be paid at the base hourly rate of pay on the first payday following such accumulation. 187 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 21 6. General Leave Conversion to Pay During Employment – On or before the beginning of the pay period which includes December 15 of each calendar year beginning in December 2021, an employee may make an irrevocable election to cash out up to one hundred and twenty (120) hours of accrued General Leave which will be earned in the following calendar year at the employee’s base rate of pay. The employee can elect to receive pay up to sixty (60) hours of General Leave in the pay period that includes July 15. The employee shall receive any remaining General Leave cash out to which they irrevocably elected to cash out in the pay period that includes December 1. However, if the employee’s General Leave balance is less than the amount the employee elected to cash out (in the prior calendar year), the employee will receive pay for the amount of leave the employee has accrued at the time of the cash out. 7. Transfer of the Value of General Leave at Separation -– At the time of separation, the value of any unused earned General Leave (earned up to the last day of employment) will be transferred to either the employee’s deferred compensation account or to the qualified medical retirement trust program on a pre-tax basis. The value of the each hour of General Leave will be the employee’s base rate of pay at separation. The employee must make the election for the transfer (either deferred compensation or the qualified medical retirement trust program) no later than the pay period prior to the employee’s last day of employment. If no election is made, all unused earned General Leave will be transferred to the qualified medical retirement trust program upon separation. If the employee elects to place some of the General Leave into their deferred compensation account or reaches the maximum annual deferral into their deferred compensation account, the remaining amount will be transferred to the qualified medical retirement trust program. B. General Leave 1. Accrual Effective December 23, 2000, employees ceased to accrue Sick Leave and Vacation Leave, and the Long-Term Disability insurance waiting period was reduced from sixty (60) to thirty (30) days. Instead, employees began accruing General Leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, sick leave and personal leave. Vacation time accrued through December 23, 2000 was added to the employee’s General Leave account effective December 24, 2000. General Leave shall be accrued as follows: Years of Service General Leave Allowance First through Fourth Year 176 Hours Fifth through Ninth Year 200 Hours 188 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 22 Tenth through Fourteenth Year 224 Hours Fifteenth Year and Thereafter 256 Hours 2. Eligibility and Approval General Leave accrued time is - computed from the hiring date anniversary. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees shall not accrue General Leave in excess of six hundred and forty (640) hours. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. General Leave must be pre-approved except for illness, injury or family sickness, which may require a physician’s statement for approval. General Leave accumulated in excess of the six hundred and forty (640) hour cap shall be paid in cash at the base monthly rate of pay on the first pay day following such accumulation. 3. General Leave Pay at Termination An employee shall be paid for unused General Leave upon termination of employment at which time such terminating employee shall receive compensation at his/her current base monthly rate of pay for all unused, earned leave to which he/she is entitled up to and including the effective date of his/her termination. 4. Conversion to Cash An employee may elect to take up to one hundred and twenty (120) hours of pay per calendar year for accrued General Leave in lieu of time off. It is the intent of the parties that employees will take vacation during the current year. An employee, who has submitted an irrevocable notice of intent to retire, may, at least one (1) pay period prior to separation, but no greater than three (3) pay periods prior to separation, elect to take a one-time option of up to three hundred and twenty (320) hours of pay for accrued General Leave in lieu of time off prior to the established date of retirement. C. Sick Leave 1. Accrual No employee shall accrue Sick Leave after December 22, 2000. 2. Credit Employees hired prior to December 23, 2000 shall be credited with their Sick Leave accrued as of December 22, 2000. 3. Usage Employees may use accrued Sick Leave for the same purposes for which it was used prior to December 23, 2000. 189 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 23 D.C. Police Lieutenant Sick Leave (Probationary Period) For employees promoted prior to the City Council’s approval of this 2021-23 MOU, eEffective from the date of appointment to the rank of Police Lieutenant until the last day of the pay period in which the employee completes a one (1) calendar year probationary period, the employee shall be eligible to receive a maximum of sixty (60) calendar days paid sick leave per incident or illness. This leave does not accrue or accumulate beyond the one (1) year period. This probationary period Sick Leave may not be cashed out or used after completion of the one (1) year probationary period. Any employees hired or promoted to Lieutenant after the City Council’s approval of this MOU do not qualify for this sick leave. This paragraph shall sunset when the two Lieutenants on probation at the time of the City Council approval of this 2021-23 MOU complete their probationary period. E.D. Leave Benefit Entitlements The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use earned Sick Leave, General Leave, and/or Exempt Compensatory Time for serious and non-serious family or personal health issues. F.E. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit D of this MOU. ARTICLE X -- SICK LEAVE PAY OUT 1. Employees covered by this Agreement and on the payroll on November 20, 1978 shall be entitled to the following Sick Leave cash out plan: At termination, employees shall be compensated at their then current base monthly rate of pay for fifty percent (50%) of unused Sick Leave, up to a maximum of seven hundred twenty (720) hours of unused, accumulated Sick Leave. 2.A. Employees who still have previously earned sick leave hired after November 20, 1978 shall be entitled to the following Sick Leave cash out plan: Upon termination, all employees shall be paid at their then current base monthly rate of pay, for twenty-five percent (25%) of unused, earned Sick Leave to four hundred eighty hours (480) hours accrued, and for thirty-five percent (35%) of all 190 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 24 unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720) hours. 3.B. No employee shall be paid at termination for more than seven hundred twenty (720) hours of unused, accumulated sick leave. ARTICLE XI -- HOLIDAYS A. City Paid Holidays The City shall provide the following paid holidays in a calendar year: 1. New Year's Day (January 1) 2. Martin Luther King Day (third Monday in January) 3. Washington's Birthday (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Day (December 25) 11. Any day declared by the President of the United States to be a national holiday, or the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach. B. Holiday Compensation – Effective Until December 31, 2021 Compensation for holidays shall be provided as follows (see examples): A.1. Employees shall be compensated for the date of the actual holiday when the holiday does not fall on the day recognized by the City. B.2. If the holiday designated above falls on an employee's regularly scheduled workday, the employee will receive the day off and receive pay 191 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 25 for their regularly scheduled workday. Example: Work Work Work Holiday = Work 30 hours & compensated for 40 10 10 10 10 C.3. If the holiday designated above falls on an employee's regularly scheduled day off, the employee will be compensated with eight (8) hours of Exempt Compensatory Time or the employee may elect to receive eight (8) hours of pay. Example: Work Work Work Work Holiday = Work 40 hours & compensated for 48 10 10 10 10 8 D.4. Employees who are required to work on a actual holiday designated above shall be compensated at the rate of one and one-half (1 ½) hours for each hour worked in the form of pay or Exempt Compensatory Time in addition to B2 or B3 above. Example if Holiday falls on scheduled day off: Work Work Work Work Work the Holiday = Work 40 hours & compensated for 63 10 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday) Example if Holiday falls on scheduled workday: Work Work Work Work the Holiday = Work 40 hours & compensated for 53 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday) C. All holiday pay shall be reported as Shift Differential Pay when required in accordance with CALPERS law. Holiday Shift Differential Pay is available to all members of the HBPMA that are required to work a recognized holiday. o1. 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. 192 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 26 These subsections B and C shall sunset on December 31, 2021 and subsection D below shall apply on January 1, 2022. D. Holiday in Lieu Pay – Effective January 1, 2022 Employees earn holiday in lieu pay. This means that employees shall be required to work on all holidays unless they use another form of leave (e.g., General Leave) to take the day off on a holiday. Employees shall be paid each biweekly payroll one twenty-sixth (1/26) of the total one hundred and twenty (120) holiday hours earned for the year. 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) and Section 571.1(b)(4) Holiday Pay. ARTICLE XII – WORK SCHEDULE/ EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE 1.A. Work Schedule 1. 4-10 Plan Unless designated elsewhere, unit employees are entitled to work four (4) consecutive days per week, ten (10) hours each day, meal times to be included during the ten (10) hour shift, with three (3) consecutive days off. 2. 7-11.5 Plan The “7-11.5” work schedule will be implemented for designated employees of the Patrol Bureau only and shall consist of a fourteen (14) day work periodweek. a. Workday A workday for employees assigned to the 7-11.5 work schedule will consist of eleven (11) hours and twenty-five (25) minutes of work, meal times to be included in the shift. b. Work Period For those employees working eleven (11) hours and twenty-five (25) minutes a day, the “work period” will consist of two (2) consecutive weeks 193 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 27 with three (3) consecutive shifts of eleven (11) hours and twenty-five (25) minutes in one (1) week and four (4) consecutive shifts of eleven (11) hours and twenty-five (25) minutes in the second week. The total hours of these two (2) consecutive weeks shall be considered equaling eighty (80) hours. The two (2) week cycle then repeats itself. 2.B. Deductions from Pay, Exempt Compensatory Time and Executive Leave Employees are considered ‘exempt’ as defined by the Fair Labor Standards Act (FLSA) as such, deductions from pay may be limited in certain circumstances. However, deductions from pay may be provided in 29.C.F.R. 541.602(b) including unpaid disciplinary suspensions of one or more full days imposed in good faith for violating workplace conduct rules. Such suspension shall be made pursuant to written policy applicable to all employees. An employee is eligible for Exempt Compensatory Time as follows: A.1. When such employees are required to fill a full, or partial work shift that is not part of the employee's regular work schedule. Partial shift shall mean five (5) hours or more of a work shift. In such an instance, the employee may be compensated at the rate of one and one-half (1 ½) hours for each hour worked in the form of pay or Exempt Compensatory Time (i.e. non FLSA Exempt Compensatory Time). Such time shall not accrue in excess of one hundred sixty (160) hours. 3.C. Executive Leave Employees arewill be entitled to seventy (70) hours of Executive Leave per calendar year effective the beginning of the pay period following City Council approval of this MOU. Unused Executive Leave shall not carry over to the next calendar year. ARTICLE XIII -- SPECIAL PAY 1. Professional Achievement Reward Program Employees that have completed the California Peace Officers’ Standards and Training (POST) Supervisory Leadership Institute shall receive eighty dollars ($80.00) per month. A. Advanced POST Certificate – Effective on the first day of the pay period including July 1, 2021 -– Upon verification of having earned an Advanced POST Certificate, an employee shall be paid six percent (6%) of their base hourly rate of pay. 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) and Section 571.1(b)(2) Peace Officer Standard Training (POST) Certificate Pay. 194 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 28 B. Educational Incentive Pay -– Effective on the first day of the pay period including July 1, 2021 -– Upon earning a BA/BS Degree, an employee shall be paid six percent (6%) of their base hourly rate of pay. 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) and Section 571.1(b)(2) Educational Incentive Pay. 2.C. Executive Development Incentive Program: In lieu of pay for completing the POST Supervisory Leadership Institute, aAn employee who completes one of the following shall receive five percent (5%) of their base hourly rate of pay: 1. either Tthe FBI National Academy; or 2. Tthe POST Command College; or 3. Any member having a minimum of two years’ experience in the position of Lieutenant and/or Captain who have attained a Master’s degree and complete a department-approved leadership course. shall receive five percent (5%) of their base monthly rate of pay paid on a bi- weekly basis. In the event that one or both of the executive development programs becomes unavailable to the Association, or new program(s) becomes available, the City and the Association agree the Chief of Police will substitute/add an appropriate program(s). 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) and Section 571.1(b)(2) Educational Incentive Pay. 3.D. Longevity Pay: A.1. Members of this unit with a minimum of 3 years tenure as a sworn employee with the Huntington Beach Police Department immediately preceding the appointment to a PMA position and with 10+ years of sworn law enforcement experience, but fewer than 20 years of sworn law enforcement experience shall receive a total of five percent (5%) longevity pay. B.2. Members of this unit with a minimum of 3 years tenure as a sworn employee with the Huntington Beach Police Department immediately preceding the appointment to a PMA position and with 20+ years of sworn law enforcement experience shall receive a total of eleven percent (11%) longevity pay. 195 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 29 ii. There shall be no pyramiding of this special pay. Unit members may only receive one (1) longevity pay under this provision, either five percent (5%) or eleven percent (11%), but not both. C.3. 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. D.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)(1) Longevity Pay. D. E.Acting Assignment: 8.1. When a member of this unit in the classification of Lieutenant is assigned by the Chief of Police to work as Captain for a continuous period of twenty eight (28) or more calendar days, he/shethey shall be compensated “acting” pay in the amount of 10% for all time worked in the acting assignment. The additional acting pay shall become effective upon the determination by the Police Chief. 9.2. When a member of this unit in the classification of Captain is assigned by the Chief of Police or the City Manager to work as the acting or interim Chief of Police for a continuous period of twenty eight (28) or more calendar days, he/shethey shall be compensated “acting” pay in the amount of 10% for all time worked in the acting assignment. The additional acting pay shall become effective upon the determination by the Police Chief or City Manager. 10.3. 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 571 (a) 3 Temporary Upgrade Pay. The treatment of any special pay under this provision as “pensionable compensation” shall be subject to CalPERS regulations. Where there is any conflict between the City’s treatment of any special pay and CalPERS, CalPERS’ determination shall prevail. ARTICLE XIV-- MANAGEMENT RIGHTS The City and the Chief of Police retain all rights, powers and authority to manage and direct the performance of police services and the workforce, 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 and terms and conditions of employment or be construed as granting the City or the Chief of Police the right to make unilateral changes in wages, hours and terms and conditions of employment. 196 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 30 The parties agree that 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, extra duty 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 XV– MISCELLANEOUS PROVISIONS a. Re-Opener If there is any change to the benefits provided to HBPOA that differ from those provided to PMA, either the City or Association may request to reopen discussions regarding a change to that specific benefit. b. Personnel Rule Changes 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. 1. Personnel Rule 5-21. Reemployment Lists • Personnel Rule 5-21 shall be modified during the term of this contract extension to provide that in the event any employee represented by HBPMA is demoted in lieu of layoff, that individual shall be placed at the top of a re- employement list for the classification from which the individual was demoted and shall be given the first opportunity to fill any vacancy in that classification irrespective of how much time transpires between the demotion and the existence of the vacancy. c.A. Employer-Employee Relations Resolution (EERR) 1. The following amendments to the EERR shall apply: a. Modification of Section 7 – Decertification and Modification i. The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his/hertheir own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU, except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where 197 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 31 inconsistent, contained in Section 7 of the current Employer-Employee Relations Resolution of the City of Huntington Beach. ii. The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Director, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335) upon the City’s having completed its obligation to meet and confer on this issue with all other bargaining units. iii. 7-3 Human Resources Director’s Motion of Unit Modification – The Human Resources Director may propose during the same period for filing a Petition for Decertification that an established unit be modified in accordance with the following procedure: iv. The Human Resources Director shall give written notice of the proposed Unit Modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Director’s rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; v. Following receipt of the Human Resources Director’s Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; vi. The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a- granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; 198 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 32 vii. Any party who chooses to appeal the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 2. During the term of this MOU, the City and the Association agree to update the Employer-Employee Relations Resolution to reflect current State law. d.B. Weapons Vesting Employees assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, he/shethey shall be fully vested with ownership. e.C. Association Business An allowance of fifty (50) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent members in their employment relations. f. Deferred Compensation/Leave Cash-Out In accordance with IRS regulations, the value of any unused earned leave benefits (sick, vacation, general leave) shall be transferred to deferred compensation or a qualified medical retirement trust program in connection with separation from employment, but only during the time that the employee is actively employed with the City. Any transfer to the qualified medical retirement trust program shall be on a pre-tax basis. The employee must request the transfer no later than the pay period prior to the employee’s last day of employment. Any unused earned leave benefits remaining upon separation will be transferred to the qualified medical retirement trust program on a pre-tax basis. g.D. Collection of Payroll Over Payments In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee could have reasonably known about such over payment, the City will take action to collect from the employee the amount of over payment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of over payment. 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 199 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 33 compensation over payments caused by or the result of misinterpretation of a pay provision by non-authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. h.E. Direct Deposit All employees are required to utilize direct deposit of payroll checks. i.F. Administrative Appeal Procedure In compliance with Government Code 3304(b), the Administrative Appeal Procedure for all Public Safety Officers is referenced in Exhibit C of this MOU. j.G. Grievance Hearing Cost Sharing Grievance hearing costs shall be paid equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to pay any part of the grievance hearing costs. k.H. Alternative Dispute Resolution Agreement The ADR agreement between the City and PMA as executed on March 7, 2013, is herein referenced as Exhibit E. ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING (MOU) This MOU shall be in effect for a term commencing on July January 1, 202118 through December 31June 30, 20230. Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits of the employees shall take effect during the term of this Agreement unless agreed upon by the City and the Association. It is understood that the parties may agree to meet and confer regarding non-monetary matters such as Personnel Rule changes. Any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of employees covered hereunder for the term hereof. 200 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 34 ARTICLE XVI -- 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 ____________, 202119 CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION By: By: Oliver ChiDavid Kiff Interim City Manager David DereszynskiKevin Johnson PMA President By: By: Travis Hopkins Acting Assistant City Manager Bo Svendsbo PMA Vice President By: By: Brittany MelloMichele Warren Interim Administrative Services Director of Human Resources Oscar Garcia PMA Negotiations Team APPROVED AS TO FORM: By: Michael E. Gates City Attorney 201 POLICE MANAGEMENT ASSOCIATION PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 35 LIST OF EXHIBITS EXHIBIT A SALARY SCHEDULE EXHIBIT B SERVICE CREDIT SUBSIDY PLAN EXHIBIT C ADMINISTRATIVE APPEAL PROCEDURE EXHIBIT D VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM EXHIBIT E ALTERNATIVE DISPUTE RESOLUTION AGREEMENT EXHIBIT F HEALTH PREMIUMS AND CONTRIBUTIONS 202 POLICE MANAGEMENT ASSOCIATION EXHIBIT A – SALARY SCHEDULE PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 36 3.0% Effective the Beginning of the Payroll Period Including January 1, 2017 Job No Job Description Pay Grade A B C D E 0234 Police Lieutenant PMA234 63.20 66.68 70.35 74.22 78.30 0233 Police Captain PMA233 71.60 75.54 79.69 84.08 88.71 Effective the Beginning of the Pay Period Including July 1, 2021 Job No Job Description Range A B C D E F G 234 Police Lieutenant 237 58.63 61.56 64.64 67.87 71.27 74.83 78.57 233 Police Captain 250 66.73 70.06 73.57 77.24 81.11 85.16 89.42 203 POLICE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 37 An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System (CalPERS). The City’s obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age sixty-five (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/hertheir death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 4. Minimum Eligibility for Benefits With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/hertheir 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. 204 POLICE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 38 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 one hundred twenty dollars ($120). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed the dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), continuous years of regular (permanent) service, shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: Maximum Service Credit Subsidy Retirements After: Years of Service Service Credit 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 The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article IV.A.4.a. provides an example of expected reductions per retiree per month. 205 POLICE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 39 8. Medicare: a. All persons are eligible for Medicare coverage at age sixty-five (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 sixty-five (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/hertheir spouse are both sixty-five (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 sixty-five (65) is eligible for paid Part A of Medicare and his/hertheir spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and his/hertheir spouse who is also age sixty-five (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 sixty- five (65). ii. At age sixty-five (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. 206 POLICE MANAGEMENT ASSOCIATION EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 40 1. Authority a. Personnel 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 permanent City employees. b. Government Code Section 3304(b) allows that an appeal procedure be made available to all “Public Safety Officers” (as defined at Government Code § 3301) for the following “punitive actions:” (i) official reprimands; (ii) punitive transfers that do not involve a loss of pay, and (iii) non-punitive transfers that does result in a loss of pay. Such actions will be collectively referred to as an “Action.” Case law allows such an appeal procedure to be more limited than afforded under Rule 20. c. This administrative appeal procedure is intended to establish the Administrative Arbitration Panel to hear appeals from Public Safety Officers. This administrative appeal procedure only applies to an “Action” as defined above in “b.” It does not apply to a non-punitive transfer imposed on a Public Safety Officer that does not result in a loss of pay. (Government Code §3304(b). 2. Administrative Arbitration Panel a. Appeals will be heard by a neutral fact finding group of three (3) 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 (1) employee selected by the Association one (1) employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two (2) Panel members. If no agreement can be reached, the “strike-out” process will be used to select the third Panel member, with the Association and the Chief each submitting four (4) names for consideration. A coin toss will determine the party striking first with the Association reserving the right to call the coin or defer. c. The panel member selected by the Chief of Police, the Association and the panel member selected by the Chief of Police and the Association shall each select one (1) alternate to the Panel to serve in place of a Panel member who has direct involvement in the punitive action or is a party to the issue. d. A Panel member will serve one (1) year. e. If the Panel member selected to serve on an Administrative Arbitration Panel has direct involvement in the punitive action or is a party to the issue, he/shethey will be replaced by the alternate. 207 POLICE MANAGEMENT ASSOCIATION EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 41 3. Appeal Notice a. An appealing Officer has five (5) calendar days from date of receipt of an “Action” to file a written appeal with the Chief of Police; otherwise, the “Action” shall stand as issued with no further rights to appeal. b. 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 1.a. All hearings shall be closed to the public unless the disciplined Officer requests a public hearing. 2.b. All hearings shall be tape-recorded and may be transcribed. 3.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 (1) hour from each side and an additional fifteen (15) minutes shall be given to each for rebuttal. The Department shall be heard first. 4.d. If an appealing Officer wishes to submit a written argument in lieu of oral testimony, the Officer may do so provided that the opposing party is notified. The written testimony may not exceed one thousand five hundred (1,500) words. The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3) days in advance of the scheduled hearing. 5.e. There is no right to sworn testimony, subpoenas, cross-examination or representation by third parties, including attorneys, at the hearing. 6.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. 208 POLICE MANAGEMENT ASSOCIATION EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 42 6. Rendering of Decision by the Administrative Arbitration Panel a. At the conclusion of the hearing, the Administrative Arbitration Panel shall deliberate in closed session. b. The decision of the Administrative Arbitration Panel is binding with no further rights to appeal. c. The decision of the Administrative Arbitration Panel must be issued in writing to the appealing Officer within seven (7) calendar days from the conclusion of the hearing. d. The member of the Administrative Arbitration Panel who was selected by the Association and the Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties. e. The decision shall include the following:  Sustained (“Action” stands)  Not Sustained (“Action” does not stand) f. In the event an Officer’s “Action” is Sustained, the Officer may, within five (5) calendar days from the date of the Administrative Arbitration Panel’s decision, file a written rebuttal. The written rebuttal will be filed with the “Action” in the employee’s official personnel file, along with the tape recording of the hearing. 209 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 43 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. Employees who accrue Vacation, General Leave or Exempt Compensatory Time may donate such leave to another 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 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 Exempt Compensatory Time, 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. Exempt 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 salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient’s hourly wage. An employee needing leave will complete a Leave Request Form and submit it to the Department Director for approval. The Department Director will forward the 210 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 44 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 a Leave Donation Form to the Finance Department (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 Department on questions regarding staff participation in this program. 211 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 45 Please return this form to the Human Resources Office for processing. 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 Exempt 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 Department Use Only End donation date will bridge to: Long Term Disability Medical Retirement beginning Length of FMLA leave ending Return to work End donation date: Human Resources Director Signature: Date signed: 212 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 46 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: Vacation Compensatory Time General Leave Number of Hours I wish to Donate: Hours of Vacation Hours of Exempt Compensatory Time 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, Exempt Compensatory Time 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 Finance Department. 213 POLICE MANAGEMENT ASSOCIATION EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 47 LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION This Labor Management Alternate Dispute Resolution Agreement (“Agreement”) entered into by and between the City of Huntington Beach (“City”) and the Police Management Association (“PMA”) is created pursuant to California Labor Code Section 3201.7(a)(3)(c). Nothing in this Agreement diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, or medical treatment fully paid by the employer as otherwise provided in Division 4 of the Labor Code. Nothing in this Agreement denies to any employee the right to representation by counsel at all stages during the alternative dispute resolution process. Article I. Purpose The purposes of this Agreement are: A.1. To provide active employees claiming compensable injuries under Division 4 of the California Labor Code (“Workers’ Compensation Law”) with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of this Agreement to facilitate their prompt return to work at either full duties or a transitional duty assignment; B.2. To provide retirees claiming a presumptive injury as defined by California Labor Code (hereinafter “Labor Code”) section 3212 et seq. with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of the Agreement; C.3. To reduce the number and severity of disputes between the City and covered employees, when those disputes relate to workers’ compensation; and D.4. To provide workers’ compensation coverage in a way that improves labor management relations, improves organizational effectiveness, and reduces costs to the City. These purposes will be achieved by utilizing an exclusive list of medical providers to be the sole and exclusive source of medical evaluations for disputed issues surrounding covered employees in accordance with California Labor Code Section 3201.7©. Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows: 214 POLICE MANAGEMENT ASSOCIATION EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 48 Article II. Term of Agreement The City and PMA enter into this Agreement with the understanding that the law authorizing this Agreement is new, untested and evolving. The parties further understand that this Agreement governs a pilot program and that it will become effective after it is executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers’ Compensation in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Administrative Director as evidenced by the Director’s letter to the parties indicating approval of the Agreement. This Agreement shall be in effect for eighteen (18) months from the date of the implementation of the program. Thereafter, it shall be reviewed and, if found to be effective will continue and remain in force from year to year unless terminated by either party. Any claim arising from an industrial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved. Any medical issue resolved under this Agreement shall be final and binding. The parties reserve the right to terminate this Agreement at any time for good cause, by mutual agreement or by act of the legislature. The terminating party must give thirty (30) days written notice to the other party. The parties agree to meet and confer in good faith to try and resolve the issues underlying the termination during the thirty day period prior to the termination of the Agreement. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the California law to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein. Article III. Scope of Agreement A. This Agreement applies only to injuries, as defined by Workers’ Compensation Law, claims by 1) active employees; 2) retirees who claim a presumptive injury as defined by California Labor Code Section 3212 et seq.; and 3) active employees who file a claim and subsequently retire before the claim is resolved. Retirees who filed claims while they were active employees are covered under this Agreement only for the purposes of petitions to reopen a pre-existing claim unless covered under A(2). This Agreement does not apply to any other retired employees. This Agreement does not cover post-retirement amendments to active claims. B. Employees who are covered under this Agreement remain covered during the entire period of active employment. C. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement. D. This Agreement is restricted to establishing an exclusive list of medical providers to be used for medical dispute resolution for the above-covered employees in accordance with California Labor Code Section 3201.7(c). 215 POLICE MANAGEMENT ASSOCIATION EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 49 Article IV. Medical Provider A. This Agreement does not constitute a Medical Provider Network (“MPN”). Physicians who act as a covered employee’s independent medical examiner (“IME”) under this Agreement shall not act as the same employee’s treating physician even if the physician has been pre-designated as the employee’s treating physician, unless otherwise mutually agreed by the parties. Pre-designation of a physician must comply with the requirements set forth in Labor Code section 4600(d)(1). B. All employees with a disputed medical issue as described below in Section D must be evaluated by an approved physician from the exclusive list of approved medical providers. Said physician will serve as an IME. If the IME needs the opinion of a different specialist, the IME shall refer the employee to a physician of the IME’s choice even if that doctor is not on the approved list. The exclusive list of approved medical providers will be established when the Agreement has been approved by all parties. C. The exclusive lists of approved medical providers shall include the specialties as agreed upon by the parties. D. An IME shall be used for all medical disputes that arise in connection with a workers’ compensation claim including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work, including transitional duty, future medical care, and resolution of all disputes arising from utilization review, including need for spinal surgery pursuant to Labor Code section 4062(b). The parties will use the originally chosen IME for all subsequent disputes under this Agreement. In the event that said IME is no longer available, then the parties shall utilize the next specialist on the list pursuant to Article IV G d (below). The IME process will begin when either party gives the other written notice of an objection. Objections from the City will be sent to the employee with a copy to the employee’s legal representative if represented and a copy to PMA. Objections from the employee or employee’s legal representative will be sent to the employee’s assigned Claims Examiner with a copy to the Claims Manager. Objections will be sent within thirty days of receipt of a medical report or a utilization review decision. A letter delaying decision of the claim automatically creates a dispute. A subsequent acceptance of the claim and/or resolution of the dispute issue eliminates the need for completion of the dispute resolution process set forth in this Agreement. E. The exclusive list of approved medical providers shall serve as the exclusive source of medical-legal evaluations as well as all other disputed medical issues arising from a claimed injury. 216 POLICE MANAGEMENT ASSOCIATION EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 50 F. The parties hereby agree that from time to time the exclusive list of approved medical providers may be amended. For either party to add an IME to the exclusive list of medical providers, the party must provide notice, in writing, to the other party of its intent to add a physician to the list. Absent a written objection to the other party within thirty (30) calendar days of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not be added to the list. A physician may only be deleted from the exclusive list of medical providers if he/shethey breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. G. Appointments a. The Claims section of the Workers’ Compensation Division shall make appointment(s) with the IME within ten days of the date of the objection and/or notification of delay for employees covered under this Agreement. b. The employee shall be responsible for providing the Claims staff with his/hertheir work schedule prior to an appointment being made so that appointments can be made during an employee’s nonworking hours or the first or last hour of his/hertheir workday. The amount of time allotted for hours spent at a physician’s appointment during working hours will be subject to verification and will be allowed accordingly. c. Mileage reimbursement to covered employees shall be consistent with City policy and in accordance with Labor Code Section 4600 (e)(2) unless transportation is provided by the City. d. For purposes of appointments, the Claims staff will select the IME’s by starting with the first name from the exclusive list of approved medical providers within the pertinent specialty, and continuing down the list, in order, until the list is exhausted, at which time the Claims staff will resume using the first name on the list. e. The City is not liable for the cost of any medical examination used to resolve the parties’ disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement. Medical evaluations cannot be obtained outside of this Agreement for disputes covered by this Agreement. f. Both parties shall be bound by the opinions and recommendation of the IME selected in accordance with the terms of this Agreement. Article V. Discovery A. Employees covered by this Agreement shall provide the Claims staff with fully executed medical, employment and financial releases and any other documents 217 POLICE MANAGEMENT ASSOCIATION EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 51 reasonably necessary for the City to resolve the employee’s claim, when requested. B. The parties agree they have met and conferred on the language of the medical/financial/employment releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse impact(s) to the City and/or the PMA and/or its members, then either party may request a meet and confer regarding said under delay and/or adverse impact(s). The parties shall meet and confer within 30 days of a party’s request to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a formal deposition of the applicant or the physician when necessary. Attorney’s fees for employee depositions shall be covered by Labor Code section 5710. There will be no attorney’s fees for doctor’s depositions. Article VI. General Provisions a.A. The Agreement constitutes the entire understanding of the parties and supersedes all other Agreements, oral or written, with respect to the subject matter in this Agreement. b.B. This Agreement shall be governed and construed pursuant to the laws of the State of California. c.C. This Agreement, including all attachments and exhibits, shall not be amended, nor any provisions waived, except in writing, signed by the parties which expressly refers to this Agreement. d.D. If any portion of this Agreement is found to be unenforceable or illegal the remaining portions shall remain in full force and effect. e.E. Notice required under this Agreement shall be provided to the parties as follows: f.F. In the event that there is any legal proceeding between the parties to enforce or interpret this Agreement or to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney’s fees.. 218 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 52 City of Huntington Beach 2019 Health Premiums and Contributions Effective 9/7/2019 PMA (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 625.07 625.07 0.00 0.00 Two-Party 1,250.14 1,250.14 0.00 0.00 Family 1,625.18 1,625.18 0.00 0.00 PERS Anthem HMO Traditional Single 830.89 774.00 56.89 26.26 Two-Party 1,661.78 1,623.00 38.78 17.90 Family 2,160.31 2,076.00 84.31 38.91 PERS Blue Shield Access+ Single 760.04 760.04 0.00 0.00 Two-Party 1,520.08 1,520.08 0.00 0.00 Family 1,976.10 1,976.10 0.00 0.00 PERS Health Net Salud y Mas Single 427.81 427.81 0.00 0.00 Two-Party 855.62 855.62 0.00 0.00 Family 1,112.31 1,112.31 0.00 0.00 PERS Health Net SmartCare Single 642.71 642.71 0.00 0.00 Two-Party 1,285.42 1,285.42 0.00 0.00 Family 1,671.05 1,671.05 0.00 0.00 PERS Kaiser Single 628.63 628.63 0.00 0.00 Two-Party 1,257.26 1,257.26 0.00 0.00 Family 1,634.44 1,634.44 0.00 0.00 PERS UnitedHealthcare Single 646.65 646.65 0.00 0.00 Two-Party 1,293.30 1,293.30 0.00 0.00 Family 1,681.29 1,681.29 0.00 0.00 PERS Choice Single 721.11 721.11 0.00 0.00 Two-Party 1,442.22 1,442.22 0.00 0.00 Family 1,874.89 1,874.89 0.00 0.00 PERS Select Single 462.71 462.71 0.00 0.00 Two-Party 925.42 925.42 0.00 0.00 Family 1,203.05 1,203.05 0.00 0.00 PERS Care Single 907.29 774.00 133.29 61.52 Two-Party 1,814.58 1,623.00 191.58 88.42 Family 2,358.95 2,076.00 282.95 130.59 PORAC Single 774.00 774.00 0.00 0.00 Two-Party 1,623.00 1,623.00 0.00 0.00 Family 2,076.00 2,076.00 0.00 0.00 219 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 53 Delta Dental PPO Single 56.00 56.00 0.00 0.00 Two-Party 104.60 104.60 0.00 0.00 Family 137.90 137.90 0.00 0.00 Delta Care HMO Single 30.56 30.11 0.45 0.21 Two-Party 51.64 51.19 0.45 0.21 Family 78.74 78.29 0.45 0.21 VSP Vision Single 23.33 23.33 0.00 0.00 Two-Party 23.33 23.33 0.00 0.00 Family 23.33 23.33 0.00 0.00 Medical Opt Out Benefit: $774.00 per month ($357.23 bi-weekly) CalPERS PEMHCA 2019 employer contribution: $136.00 per month ($62.77 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare City of Huntington Beach 2019 Health Premiums and Contributions Effective 9/7/2019 PMA (Employees who enrolled in Medical but opt out Vision) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 627.07 627.07 0.00 0.00 Two-Party 1,254.14 1,254.14 0.00 0.00 Family 1,630.38 1,630.38 0.00 0.00 PERS Anthem HMO Traditional Single 878.48 797.33 81.15 37.45 Two-Party 1,756.96 1,646.33 110.63 51.06 Family 2,284.05 2,099.33 184.72 85.26 PERS Blue Shield Access+ Single 669.75 669.75 0.00 0.00 Two-Party 1,339.50 1,339.50 0.00 0.00 Family 1,741.35 1,741.35 0.00 0.00 PERS Health Net Salud y Mas Single 356.50 356.50 0.00 0.00 Two-Party 713.00 713.00 0.00 0.00 Family 926.90 926.90 0.00 0.00 PERS Health Net SmartCare Single 584.27 584.27 0.00 0.00 Two-Party 1,168.54 1,168.54 0.00 0.00 Family 1,519.10 1,519.10 0.00 0.00 PERS Kaiser Single 618.64 618.64 0.00 0.00 Two-Party 1,237.28 1,237.28 0.00 0.00 Family 1,608.46 1,608.46 0.00 0.00 220 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 54 PERS UnitedHealthcare Single 669.61 669.61 0.00 0.00 Two-Party 1,339.22 1,339.22 0.00 0.00 Family 1,740.99 1,740.99 0.00 0.00 PERS Choice Single 654.50 654.50 0.00 0.00 Two-Party 1,309.00 1,309.00 0.00 0.00 Family 1,701.70 1,701.70 0.00 0.00 PERS Select Single 420.77 420.77 0.00 0.00 Two-Party 841.54 841.54 0.00 0.00 Family 1,094.00 1,094.00 0.00 0.00 PERS Care Single 843.78 797.33 46.45 21.44 Two-Party 1,687.56 1,646.33 41.23 19.03 Family 2,193.83 2,099.33 94.50 43.62 PORAC Single 774.00 774.00 0.00 0.00 Two-Party 1,623.00 1,623.00 0.00 0.00 Family 2,076.00 2,076.00 0.00 0.00 Delta Dental PPO Single 56.00 56.00 0.00 0.00 Two-Party 104.60 104.60 0.00 0.00 Family 137.90 137.90 0.00 0.00 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 Family 78.29 78.29 0.00 0.00 Medical Opt Out Benefit: $774.00 per month ($357.23 bi-weekly) CalPERS PEMHCA 2019 employer contribution: $136.00 per month ($62.77 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Los Angeles Area Region: Los Angeles, San Bernardino, Ventura City of Huntington Beach 2019 Health Premiums and Contributions Effective 9/7/2019 PMA (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 627.07 627.07 0.00 0.00 Two-Party 1,254.14 1,254.14 0.00 0.00 Family 1,630.38 1,630.38 0.00 0.00 PERS Anthem HMO Traditional Single 878.48 774.00 104.48 48.22 Two-Party 1,756.96 1,623.00 133.96 61.83 Family 2,284.05 2,076.00 208.05 96.02 221 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 55 PERS Blue Shield Access+ Single 669.75 669.75 0.00 0.00 Two-Party 1,339.50 1,339.50 0.00 0.00 Family 1,741.35 1,741.35 0.00 0.00 PERS Health Net Salud y Mas Single 356.50 356.50 0.00 0.00 Two-Party 713.00 713.00 0.00 0.00 Family 926.90 926.90 0.00 0.00 PERS Health Net SmartCare Single 584.27 584.27 0.00 0.00 Two-Party 1,168.54 1,168.54 0.00 0.00 Family 1,519.10 1,519.10 0.00 0.00 PERS Kaiser Single 618.64 618.64 0.00 0.00 Two-Party 1,237.28 1,237.28 0.00 0.00 Family 1,608.46 1,608.46 0.00 0.00 PERS UnitedHealthcare Single 669.61 669.61 0.00 0.00 Two-Party 1,339.22 1,339.22 0.00 0.00 Family 1,740.99 1,740.99 0.00 0.00 PERS Choice Single 654.50 654.50 0.00 0.00 Two-Party 1,309.00 1,309.00 0.00 0.00 Family 1,701.70 1,701.70 0.00 0.00 PERS Select Single 420.77 420.77 0.00 0.00 Two-Party 841.54 841.54 0.00 0.00 Family 1,094.00 1,094.00 0.00 0.00 PERS Care Single 843.78 774.00 69.78 32.21 Two-Party 1,687.56 1,623.00 64.56 29.80 Family 2,193.83 2,076.00 117.83 54.38 PORAC Single 774.00 774.00 0.00 0.00 Two-Party 1,623.00 1,623.00 0.00 0.00 Family 2,076.00 2,076.00 0.00 0.00 Delta Dental PPO Single 56.00 56.00 0.00 0.00 Two-Party 104.60 104.60 0.00 0.00 Family 137.90 137.90 0.00 0.00 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 Family 78.29 78.29 0.00 0.00 VSP Vision Single 23.33 23.33 0.00 0.00 Two-Party 23.33 23.33 0.00 0.00 Family 23.33 23.33 0.00 0.00 Medical Opt Out Benefit: $774.00 per month ($357.23 bi-weekly) CalPERS PEMHCA 2019 employer contribution: $136.00 per month ($62.77 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Los Angeles Area Region: Los Angeles, San Bernardino, Ventura 222 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 56 City of Huntington Beach 2020 Health Premiums and Contributions Effective 1/1/2020 - using the 9/7/19 ER contribution rates PMA (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 654.04 654.04 0.00 0.00 Two-Party 1,308.08 1,308.08 0.00 0.00 Family 1,700.50 1,700.50 0.00 0.00 PERS Anthem HMO Traditional Single 934.95 774.00 160.95 74.28 Two-Party 1,869.90 1,623.00 246.90 113.95 Family 2,430.87 2,076.00 354.87 163.79 PERS Blue Shield Access+ Single 909.87 774.00 135.87 62.71 Two-Party 1,819.74 1,623.00 196.74 90.80 Family 2,365.66 2,076.00 289.66 133.69 PERS Health Net Salud y Mas Single 435.14 435.14 0.00 0.00 Two-Party 870.28 870.28 0.00 0.00 Family 1,131.36 1,131.36 0.00 0.00 PERS Health Net SmartCare Single 719.26 719.26 0.00 0.00 Two-Party 1,438.52 1,438.52 0.00 0.00 Family 1,870.08 1,870.08 0.00 0.00 PERS Kaiser Single 645.24 645.24 0.00 0.00 Two-Party 1,290.48 1,290.48 0.00 0.00 Family 1,677.62 1,677.62 0.00 0.00 PERS UnitedHealthcare Single 671.60 671.60 0.00 0.00 Two-Party 1,343.20 1,343.20 0.00 0.00 Family 1,746.16 1,746.16 0.00 0.00 PERS Choice Single 736.28 736.28 0.00 0.00 Two-Party 1,472.56 1,472.56 0.00 0.00 Family 1,914.33 1,914.33 0.00 0.00 PERS Select Single 451.54 451.54 0.00 0.00 Two-Party 903.08 903.08 0.00 0.00 Family 1,174.00 1,174.00 0.00 0.00 PERS Care Single 986.66 774.00 212.66 98.15 Two-Party 1,973.32 1,623.00 350.32 161.69 Family 2,565.32 2,076.00 489.32 225.84 PORAC Single 749.00 749.00 0.00 0.00 Two-Party 1,499.00 1,499.00 0.00 0.00 Family 1,960.00 1,960.00 0.00 0.00 223 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 57 Delta Dental PPO Single 53.90 53.90 0.00 0.00 Two-Party 100.60 100.60 0.00 0.00 Family 132.70 132.70 0.00 0.00 Delta Care HMO Single 30.56 30.11 0.45 0.21 Two-Party 51.64 51.19 0.45 0.21 Family 78.74 78.29 0.45 0.21 VSP Vision Single 23.33 23.33 0.00 0.00 Two-Party 23.33 23.33 0.00 0.00 Family 23.33 23.33 0.00 0.00 Medical Opt Out Benefit: $749.00 per month ($345.69 bi-weekly) CalPERS PEMHCA 2020 employer contribution: $139.00 per month ($64.15 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare, Ventura City of Huntington Beach 2020 Health Premiums and Contributions Effective 1/1/2020 - using the 9/7/19 ER contribution rates PMA (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 654.04 654.04 0.00 0.00 Two-Party 1,308.08 1,308.08 0.00 0.00 Family 1,700.50 1,700.50 0.00 0.00 PERS Anthem HMO Traditional Single 934.95 774.00 160.95 74.28 Two-Party 1,869.90 1,623.00 246.90 113.95 Family 2,430.87 2,076.00 354.87 163.79 PERS Blue Shield Access+ Single 909.87 774.00 135.87 62.71 Two-Party 1,819.74 1,623.00 196.74 90.80 Family 2,365.66 2,076.00 289.66 133.69 PERS Health Net Salud y Mas Single 435.14 435.14 0.00 0.00 Two-Party 870.28 870.28 0.00 0.00 Family 1,131.36 1,131.36 0.00 0.00 PERS Health Net SmartCare Single 719.26 719.26 0.00 0.00 Two-Party 1,438.52 1,438.52 0.00 0.00 Family 1,870.08 1,870.08 0.00 0.00 PERS Kaiser Single 645.24 645.24 0.00 0.00 Two-Party 1,290.48 1,290.48 0.00 0.00 Family 1,677.62 1,677.62 0.00 0.00 Single 671.60 671.60 0.00 0.00 224 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 58 PERS UnitedHealthcare Two-Party 1,343.20 1,343.20 0.00 0.00 Family 1,746.16 1,746.16 0.00 0.00 PERS Choice Single 736.28 736.28 0.00 0.00 Two-Party 1,472.56 1,472.56 0.00 0.00 Family 1,914.33 1,914.33 0.00 0.00 PERS Select Single 451.54 451.54 0.00 0.00 Two-Party 903.08 903.08 0.00 0.00 Family 1,174.00 1,174.00 0.00 0.00 PERS Care Single 986.66 774.00 212.66 98.15 Two-Party 1,973.32 1,623.00 350.32 161.69 Family 2,565.32 2,076.00 489.32 225.84 PORAC Single 749.00 749.00 0.00 0.00 Two-Party 1,499.00 1,499.00 0.00 0.00 Family 1,960.00 1,960.00 0.00 0.00 Delta Dental PPO Single 53.90 53.90 0.00 0.00 Two-Party 100.60 100.60 0.00 0.00 Family 132.70 132.70 0.00 0.00 Delta Care HMO Single 30.56 30.11 0.45 0.21 Two-Party 51.64 51.19 0.45 0.21 Family 78.74 78.29 0.45 0.21 VSP Vision Single 23.33 23.33 0.00 0.00 Two-Party 23.33 23.33 0.00 0.00 Family 23.33 23.33 0.00 0.00 Medical Opt Out Benefit: $749.00 per month ($345.69 bi-weekly) CalPERS PEMHCA 2020 employer contribution: $139.00 per month ($64.15 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare, Ventura City of Huntington Beach 2020 Health Premiums and Contributions Effective 1/1/2020 - using the 9/7/2019 ER contribution rates PMA (Employees who enrolled in Medical but opt out Vision) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 619.93 619.93 0.00 0.00 Two-Party 1,239.86 1,239.86 0.00 0.00 Family 1,611.82 1,611.82 0.00 0.00 Single 902.63 797.33 105.30 48.60 Two-Party 1,805.26 1,646.33 158.93 73.35 225 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 59 PERS Anthem HMO Traditional Family 2,346.84 2,099.33 247.51 114.24 PERS Blue Shield Access+ Single 813.17 797.33 15.84 7.31 Two-Party 1,626.34 1,626.33 0.01 0.00 Family 2,114.24 2,099.33 14.91 6.88 PERS Blue Shield Trio Single 624.93 624.93 0.00 0.00 Two-Party 1,249.86 1,249.86 0.00 0.00 Family 1,624.82 1,624.82 0.00 0.00 PERS Health Net Salud y Mas Single 392.31 392.31 0.00 0.00 Two-Party 784.62 784.62 0.00 0.00 Family 1,020.01 1,020.01 0.00 0.00 PERS Health Net SmartCare Single 648.42 648.42 0.00 0.00 Two-Party 1,296.84 1,296.84 0.00 0.00 Family 1,685.89 1,685.89 0.00 0.00 PERS Kaiser Single 664.39 664.39 0.00 0.00 Two-Party 1,328.78 1,328.78 0.00 0.00 Family 1,727.41 1,727.41 0.00 0.00 PERS UnitedHealthcare Single 668.31 668.31 0.00 0.00 Two-Party 1,336.62 1,336.62 0.00 0.00 Family 1,737.61 1,737.61 0.00 0.00 PERS Choice Single 710.29 710.29 0.00 0.00 Two-Party 1,420.58 1,420.58 0.00 0.00 Family 1,846.75 1,846.75 0.00 0.00 PERS Select Single 435.74 435.74 0.00 0.00 Two-Party 871.48 871.48 0.00 0.00 Family 1,132.92 1,132.92 0.00 0.00 PERS Care Single 931.12 797.33 133.79 61.75 Two-Party 1,862.24 1,646.33 215.91 99.65 Family 2,420.91 2,099.33 321.58 148.42 PORAC Single 699.00 699.00 0.00 0.00 Two-Party 1,399.00 1,399.00 0.00 0.00 Family 1,894.00 1,894.00 0.00 0.00 Delta Dental PPO Single 53.90 53.90 0.00 0.00 Two-Party 100.60 100.60 0.00 0.00 Family 132.70 132.70 0.00 0.00 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 Family 78.29 78.29 0.00 0.00 Medical Opt Out Benefit: $699.00 per month ($322.62 bi-weekly) CalPERS PEMHCA 2020 employer contribution: $139.00 per month ($64.15 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations 226 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 60 Los Angeles Area Region: Los Angeles, Riverside, San Bernardino City of Huntington Beach 2020 Health Premiums and Contributions Effective 1/1/2020 - using the 9/7/2019 ER contribution rates PMA (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 619.93 619.93 0.00 0.00 Two-Party 1,239.86 1,239.86 0.00 0.00 Family 1,611.82 1,611.82 0.00 0.00 PERS Anthem HMO Traditional Single 902.63 774.00 128.63 59.37 Two-Party 1,805.26 1,623.00 182.26 84.12 Family 2,346.84 2,076.00 270.84 125.00 PERS Blue Shield Access+ Single 813.17 774.00 39.17 18.08 Two-Party 1,626.34 1,623.00 3.34 1.54 Family 2,114.24 2,076.00 38.24 17.65 PERS Blue Shield Trio Single 624.93 624.93 0.00 0.00 Two-Party 1,249.86 1,249.86 0.00 0.00 Family 1,624.82 1,624.82 0.00 0.00 PERS Health Net Salud y Mas Single 392.31 392.31 0.00 0.00 Two-Party 784.62 784.62 0.00 0.00 Family 1,020.01 1,020.01 0.00 0.00 PERS Health Net SmartCare Single 648.42 648.42 0.00 0.00 Two-Party 1,296.84 1,296.84 0.00 0.00 Family 1,685.89 1,685.89 0.00 0.00 PERS Kaiser Single 664.39 664.39 0.00 0.00 Two-Party 1,328.78 1,328.78 0.00 0.00 Family 1,727.41 1,727.41 0.00 0.00 PERS UnitedHealthcare Single 668.31 668.31 0.00 0.00 Two-Party 1,336.62 1,336.62 0.00 0.00 Family 1,737.61 1,737.61 0.00 0.00 PERS Choice Single 710.29 710.29 0.00 0.00 Two-Party 1,420.58 1,420.58 0.00 0.00 Family 1,846.75 1,846.75 0.00 0.00 PERS Select Single 435.74 435.74 0.00 0.00 Two-Party 871.48 871.48 0.00 0.00 Family 1,132.92 1,132.92 0.00 0.00 227 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS PMA MOU JulyJanuary 1, 202118 through DecemberJune 3130, 20230 61 PERS Care Single 931.12 774.00 157.12 72.52 Two-Party 1,862.24 1,623.00 239.24 110.42 Family 2,420.91 2,076.00 344.91 159.19 PORAC Single 699.00 699.00 0.00 0.00 Two-Party 1,399.00 1,399.00 0.00 0.00 Family 1,894.00 1,894.00 0.00 0.00 Delta Dental PPO Single 53.90 53.90 0.00 0.00 Two-Party 100.60 100.60 0.00 0.00 Family 132.70 132.70 0.00 0.00 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 Family 78.29 78.29 0.00 0.00 VSP Vision Single 23.33 23.33 0.00 0.00 Two-Party 23.33 23.33 0.00 0.00 Family 23.33 23.33 0.00 0.00 Medical Opt Out Benefit: $699.00 per month ($322.62 bi-weekly) CalPERS PEMHCA 2020 employer contribution: $139.00 per month ($64.15 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Los Angeles Area Region: Los Angeles, Riverside, San Bernardino 228 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-945 MEETING DATE:12/1/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Oliver Chi, City Manager Subject: Approve the appointment of Eric Parra to the position of Chief of Police and authorize the City Manager to execute the associated Employment Agreement. Statement of Issue: After coordinating a nationwide recruitment, coupled with an extensive assessment process, Eric Parra has been identified as the recommended candidate to serve as the next permanent Huntington Beach Police Chief. Staff has negotiated contract terms with Mr. Parra and seeks City Council approval of the recommended employment agreement. Financial Impact: Key details related to the proposed employment agreement with Mr. Parra includes a starting base salary of $106.31 / hour; longevity pay in the amount of 11% per year; and providing the City’s standard police management benefits package. Further, per the proposed agreement, the City would reimburse Mr. Parra an amount not to exceed $15,000 for reasonable security improvements for his primary residence in Huntington Beach. Finally, the proposed employment agreement contemplates that if the contract is terminated without cause, Mr. Parra would be provided with a 6-month severance. Funding for this position is included in the FY 2020/21 budget Recommended Action: Approve the proposed Employment Agreement with Mr. Parra to serve as the City’s next Chief of Police, and authorize the City Manager to execute any and all relevant and associated documents Alternative Action(s): Do not approve the employment agreement and provide staff with alternate direction Analysis: Since November 12, 2020, Julian Harvey has capably served as the City’s Interim Chief of Police. In an effort to fill the permanent role, the City engaged the services of an executive recruitment firm to City of Huntington Beach Printed on 11/30/2021Page 1 of 2 powered by Legistar™229 File #:21-945 MEETING DATE:12/1/2021 conduct a nation-wide search for a new Police Chief. Following multiple assessment rounds that included City management, staff, and City Council assessment panels, Eric Parra was identified as the individual best suited to serve as Huntington Beach’s next Chief of Police. Mr. Parra currently serves as Chief of Police for the City of Alhambra, and has more than 33-years of law enforcement experience. Prior to his current role, he held a variety of leadership positions with the Los Angeles County Sheriff’s Department, leaving that agency in 2019 as Division Chief. During the course of his career, Mr. Parra has been credited with instituting a variety of forward thinking law enforcement initiatives, including leading reform efforts at the Los Angeles County jail system, implementing community policing programs, and establishing improved internal law enforcement operational practices. Mr. Parra holds a bachelor’s degree in criminal justice from California State University, Long Beach, and also earned his juris doctorate from Western State University College of Law. In addition to serving as a sworn law enforcement professional, Mr. Parra is also licensed by the State Bar of California. Environmental Status: N/A Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Eric Parra Employment Agreement 2. Police Chief National Recruitment Brochure City of Huntington Beach Printed on 11/30/2021Page 2 of 2 powered by Legistar™230 Eric Parra Police Chief Employment Agreement EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ERIC G. PARRA THIS AGREEMENT is entered into this 1st day of December, 2021, between the City of Huntington Beach, a California municipal corporation, hereinafter “City,” and Eric G. Parra, hereinafter “Parra.” WITNESSETH WHEREAS, the City Manager has been empowered to appoint and remove the Police Chief, with approval of the City Council; and WHEREAS, the City, through the City Manager, desires to employ the services of Parra as the Police Chief for the City of Huntington Beach; and WHEREAS, the City seeks to provide certain benefits, establish certain conditions of employment, and to set working conditions of Parra; and WHEREAS, the City intends to: (1) Secure, retain, and employ the services of Parra; and (2) Provide a means for terminating Parra’s service; and (3) Parra accepts employment as the City’s Police Chief; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 231 Eric Parra – Police Chief Employment Agreement December 1, 2021 Page 2 of 8 SECTION 1. DUTIES. The City agrees to employ Parra as Police Chief of the City to perform the functions and duties of that office as set forth in the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other duties and functions as the City Manager shall from time to time assign. Parra shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2. STATUS AND TERM. (a) Parra shall serve for an indefinite term at the pleasure of the City Manager and shall be considered an at-will employee of the City. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Parra at any time, subject only to the provisions set forth in Section 6, subparagraphs (a), (b) and (c) of this Agreement, and Section 401 of the Charter of the City of Huntington Beach. (c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Parra to resign at any time from his position with the City, subject only to the provisions set forth in Section 6, subparagraph (d), of this Agreement. (d) Parra agrees to remain in the exclusive employ of City for an indefinite period of time and shall neither accept other employment nor become employed by any other employer without the prior written approval of the City Manager until notice of Parra’s resignation is given. (e) The term “employed” (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self-employment, however, shall 232 Eric Parra – Police Chief Employment Agreement December 1, 2021 Page 3 of 8 not be construed to include occasional teaching, writing, consulting, or military reserve service performed on Parra’s time off, and with the advance approval of the City Manager. SECTION 3. SALARY. City agrees to pay Parra for his services rendered pursuant to this Agreement at Range NA0011, Step E ($106.31 / hour) of the City’s classification and compensation plan or Resolutions or Ordinances from time to time enacted that govern such compensation. SECTION 4. OTHER BENEFITS. In addition to the foregoing benefits, Parra shall also receive all such other benefits that are generally applicable to non-associated employees (Department Heads) hired after 12/27/97, as set forth in Huntington Beach City Council Resolution No. 2016-50, entitled “A Resolution Of The City Council Of The City Of Huntington Beach Modifying Salary And Benefits For Non- Represented Employees Including The Elected City Attorney, City Clerk, And City Treasurer,” a copy of which is attached hereto as Exhibit “A” and incorporated by reference as fully set forth herein. Parra will also receive Longevity Pay in the amount of 11% per year. Further, Parra shall receive ancillary benefits provided to Police Management Association (PMA) members with regard to Education Pay (6% per year), Advanced POST Certificate Pay (6% per year). Finally, in order to install security upgrades at Parra’s primary residence located in Huntington Beach, the City shall reimburse Parra an amount not to exceed $15,000 for reasonable security enhancements deemed eligible by the City Manager, whose approval shall not be unreasonably withheld. SECTION 5. ADMINISTRATIVE LEAVE. The City Manager may place Parra on Administrative Leave with full pay and benefits at any time during the term of this Agreement. 233 Eric Parra – Police Chief Employment Agreement December 1, 2021 Page 4 of 8 SECTION 6. TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection (b), in the event the City Manager terminates the employment of Parra, and during such time that Parra is willing and able to perform his duties under this Agreement, then City shall pay to Parra a severance pay as follows: six (6) months’ base salary and benefits if terminated without cause during the length of Parra’s employment. (b) (1) Notwithstanding subsection (a) above, the following reasons shall constitute grounds to terminate the employment of Parra without severance pay: (i) a willful breach of this agreement or the willful and repeated neglect by Parra to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with the City; (iii) conviction of a felony. (2) Prior to the time that the City Manager terminates Parra without severance pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the City Manager shall provide Parra with written notice of proposed termination which will include the reason and factual basis for termination. Within ten days of such notice, Parra may request an opportunity to respond to the reasons and factual basis provided by the City Manager. If such a request to respond is made, the City Manager shall conduct a meeting, which may be informal in nature, that Parra may respond to the notice of proposed termination. At such meeting, Parra may be represented by an attorney of his choice and present evidence or information relevant to the reasons and factual basis set forth in the notice of proposed termination. Subsequently, the decision of the City Manager as to whether reasons set forth in Section (b)(1) exist or do not exist shall be final as between the parties. (c) In the event the City at any time during the term of this Agreement, reduces the salary of Parra from its current level, except as part of an across-the-board reduction for all 234 Eric Parra – Police Chief Employment Agreement December 1, 2021 Page 5 of 8 Directors of City, or in the event City refuses, following written notice, to extend to Parra any non- salary benefit customarily available to all Directors, or in the event Parra resigns following a suggestion, whether formal or informal, by the City Manager that he resign, then, Parra may, at his option, be deemed to be “terminated.” The termination date will occur then at the date of reduction or refusal to extend or such suggestion of resignation within the meaning and context of the severance pay provision in subparagraph (a) above; provided that the option to be deemed terminated is exercised by written notice from Parra and delivered to the City Manager within ten (10) working days of notification of such reduction, refusal to extend, or suggestion of resignation. In that event, the severance payment shall be calculated from the date Parra exercises the option to be deemed terminated. (d) In the event Parra voluntarily resigns his position, Parra shall give City written notice at least thirty (30) days prior to the last workday, unless the City Manager and Parra otherwise agree. (e) It is understood that after notice of termination in any form, Parra and the City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement. SECTION 7. DISABILITY. If Parra is medically, physically disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health, and has provided proof of the same from a medical professional, he shall be eligible for Disability Leave upon exhausting all accrued sick leave, general leave and executive leave, and duty injury leave if applicable. Disability Leave shall be unpaid and shall be approved by the City Manager for a time period of up to three (3) months. The length of such time period of the Disability Leave shall be dependent upon the length of the disability as demonstrated by Parra. If Parra is unable to return to work at that time, the City 235 Eric Parra – Police Chief Employment Agreement December 1, 2021 Page 6 of 8 shall have the option to terminate the employment of Parra, subject to the requirements imposed on City by Section 6, paragraph (a). SECTION 8. PERFORMANCE EVALUATION. The City Manager shall review and evaluate in writing the performance of Parra at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Parra and the City Manager. Those criteria may be added to or subtracted from as the City Manager may from time to time determine, in consultation with Parra. SECTION 9. GENERAL AND EXECUTIVE LEAVE (a) Parra shall accrue General Leave in accordance with the General Leave accrual provisions applicable to Department Heads of the City as contained in the Non-Associated Resolution (Exhibit “A”). Parra shall be credited for his years of service at other CalPERS and CalPERS reciprocal agencies in determining his annual general leave accrual allowance. Upon executing this agreement, Parra shall be credited with an initial allocation of 40 hours that will be added to Parra’s General Leave accrual bank. Parra shall be credited 80 hours of Executive Leave on January 1 of each calendar year, and shall be provided with an initial allocation of 80 Executive Leave hours upon his first day of employment for his initial calendar year with the City. (b) Executive Leave must be used in the same calendar year it is credited, and unused Executive Leave may not be carried forward to the next calendar year or cashed out at any time. General Leave shall be accrued in accordance with the appropriate provisions of the Non- Associated Resolution (Exhibit “A”). Parra shall provide the City Manager with reasonable notice prior to taking two (2) or more General Leave or Executive Leave days off. 236 Eric Parra – Police Chief Employment Agreement December 1, 2021 Page 7 of 8 SECTION 10. PROFESSIONAL DEVELOPMENT. The City agrees to budget and pay for Parra’s professional memberships as normally accorded to Department Heads. Parra shall also receive paid leave, plus registration, travel and reasonable expenses for short courses, conferences and seminars that are necessary for professional / personal development and, in the judgment of the City Manager, for the good of the City, and subject to budget limitations and to established travel policies and procedures. SECTION 11. FINANCIAL DISCLOSURE. Parra shall report to the City Manager any ownership interest in real property within the County of Orange, excluding personal residence. Parra shall also complete and file annually, Financial Disclosure 700 Forms. Also, Parra shall report to th e City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from which City intends to make a purchase. Such reporting shall be made in writing by Parra to the City Manager within ten (10) calendar days of the execution of this agreement and within ten (10) calendar days of acquisition of that interest in real property. Additionally, Parra shall report in writing to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon notice of the intended work or purchase. SECTION 12. INDEMNIFICATION. The City shall defend and indemnify Parra against actions, including but not limited to any: tort, professional liability claim or demand, or other non-criminal legal, equitable or administrative action, arising out of an alleged act or omission occurring in the performance of Parra during the discharge of his duties as an employee / officer of the City, other than an action brought by the City against Parra, or an action filed against the City by Parra. The City shall pay the reasonable expenses for the travel, lodging, meals, and lost work time of Parra should Parra be subject to such, should an action be pending after termination of Parra. The City shall be responsible for and have authority to 237 Eric Parra – Police Chief Employment Agreement December 1, 2021 Page 8 of 8 compromise and settle any action, with prior consultation with Parra, and pay the amount of any settlement or judgment rendered on that action. Parra shall cooperate fully with the City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 13. GENERAL PROVISIONS. (a) The text herein shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective commencing December 20, 2021. (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect. (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties. IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager, and Parra has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY: PARRA: Oliver Chi, City Manager Eric Parra APPROVED AS TO FORM: City Attorney 238 THE IDEAL CANDIDATE First and foremost, the City is seeking an individual who has an unwavering commitment to a team-based approach, and who recognizes that leaders must be focused always on serving their people. Successful candidates must be genuinely committed to living the organization’s behavioral values, which include: • Humility • Exceptionality • Social Awareness • Passion • Integrity Outside of these behavioral characteristics, the City is looking for candidates that are excited about the opportunity to take a key leadership role in this area for one of the nation’s most desirable, premier coastal communities. An inspiring and hardworking leader who has mastered the art of helping others see what’s possible, the ideal candidate will be of the highest integrity and considered a role model in the profession. This person will have the ability to approach day-to-day operations with an optimistic can-do attitude and a constant eye toward results and continuous improvement. Familiarity with technology and tools that support contemporary business practices and maximum efficiency, coupled with a track record that reflects data-driven decision making and the delivery of exceptional outcomes, will be expected. Proven success with modernizing systems and processes and other significant change efforts will also be considered favorably. The individual selected will be a unifying mentor and team builder who prioritizes people and the needs of the team above personal ambitions. Known for being enthusiastic about people and their work, this person will also be an outstanding people manager capable of fostering an inclusive culture that is also characterized by high standards, accountability, and trust. The ideal candidate will be a highly engaged and motivating manager who is supportive of innovation and problem solving at the lowest level. This person will know how to foster healthy internal debates to arrive at the best outcomes as one cohesive team. Driven by an obsession for the delivery of exceptional outcomes, the ideal candidate will convey a sophisticated understanding of external as well as internal customer needs and concerns. This individual will exhibit tremendous initiative and have a history that demonstrates the ability to address challenges with courage and confidence. Department leaders in Huntington Beach are expected to be resilient problem solvers and have an admirable ability to adapt while maintaining forward momentum. The ideal Police Chief candidate will be well versed in all aspects of police service operations and administration. Competitive candidates will possess at least ten (10) years of increas- ingly responsible command and supervisory experience in a full-service police department. Five (5) years in a command position equivalent to a Police Captain and/or Assistant/ Deputy Police Chief is desirable. Experience as a current Police Chief is preferred. A Bachelor’s degree from an accredited college or university with major course work in Administration of Justice, Criminology, Public Administration, or a closely related field. A Master’s degree is preferred. A California POST Management and/or Executive Certification is preferred. Graduation from California POST Command College, FBI National Academy, or similar course is preferred. COMPENSATION & BENEFITS The salary range for the Police Chief is open and DOQ. The City of Huntington Beach also offers an attractive benefits package that includes: Retirement — The City participates in the California Public Employees Retirement System (CalPERS) under a 3% @ 50 Safety benefit formula for Classic Members, and Members contribute the 9% employee share. New Members are under a 2.7% @ 57 Safety benefit formula and contribute 11.75%. The City does not pay into Social Security; however, all employees pay 1.45% towards Medicare. Insurance — Health (medical/dental/vision), life, and disability insurance is available to employees. IRS Section 125 medical and dependent care reimbursement plan (FSA) is available. Police Chief may elect to enroll in the CalPERS health insurance program offered by the City and contribute to a Retiree Medical Trust. Deferred Compensation — Two voluntary deferred compensation 457 plans available. Group Life Insurance — The City offers $50,000 of life insurance coverage, with employee option to purchase additional life insurance. General Leave — General leave with pay of 176 hours per year is granted to regular employees. Additional general leave hours are earned after four years of service, up to 256 hours after fifteen years’ service. Executive Leave — 80 hours per calendar year. Holidays — Ten paid holidays are provided per calendar year. Flexible Spending Accounts — Available where employees use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. Auto Allowance — Vehicle provided or $500 per month. TO APPLY If you are interested in this outstanding opportunity, please apply online at: www.bobmurrayassoc.com Filing Deadline: August 27, 2021 Following the closing date, resumes will be screened according to the qualifications outlined above. The most qualified candidates will be invited to personal interviews with Bob Murray and Associates. Candidates will be advised of the status of the recruitment following finalist selection. Finalist interviews will be held with the City of Huntington Beach. A select group of candidates will be asked to provide references once it is anticipated that they may be recommended as finalists. References will be contacted only following candidate approval. If you have any questions, please do not hesitate to call Gary Phillips at: (916) 784-9080 POLICE CHIEF 239 THE COMMUNITY Although Huntington Beach is no stranger to being front-page news, it’s really what’s happening behind the scenes that makes the City a fantastic place to live, work, and visit. Within an evolving political landscape, Huntington Beach has emerged as a regional leader in the development of innovative services, like the City’s Project HOPE mobile crisis response program, increasing beach access by rolling out ADA accessible Mobi-Mats, and standing up a homeless navigation center. The City of Huntington Beach is located in northwestern Orange County, 35 miles southeast of Los Angeles and 90 miles northwest of San Diego. The City encompasses 28 square miles of land and 26 square miles of water, making it the 24th largest city in California. With a population of about 202,265 residents, Huntington Beach is the fourth largest city in Orange County. Known as “Surf City,” Huntington Beach features nearly 8.5 miles of spectacular beaches and one of the largest recreational piers in the world. The City is home to a thriving beach community and is consistently named as one of the top ten beaches in California. Running parallel to Pacific Coast Highway and just steps from the ocean is an eight-mile strand perfect for biking, inline skating, jogging, or a leisurely stroll. The City hosts an annual visitor population of over 11 million people, featuring numerous large-scale special events, surf competitions, and festivals. Even with its swell of summer visitors, Huntington Beach has been listed for decades as among the FBI’s safest cities in the nation. In 2019, WalletHub ranked Huntington Beach as #5 in their “Top Ten Happiest Cities in the US.” Huntington Beach boasts a wide variety of municipal amenities. It has a world-class Central Library with four branch libraries. The City’s park system includes 78 public parks (including a dog park), riding stables, and the largest city-owned and operated regional park in Orange County — the 356-acre Huntington Central Park. Residents enjoy five recreation centers (including a senior center), three miles of equestrian trails, two golf courses, various recreation facilities, a marina, and a protected wildlife preserve. Huntington Beach draws some of the largest crowds in the world for its popular events, including the U.S. Open of Surfing, Van’s World Championship of Skateboarding, AVP Pro Beach Volleyball, the Surf City Marathon, and the Great Pacific Air Show. It’s also home to the International Surfing Museum, the Surfing Walk of Fame, the Bolsa Chica Ecological Reserve, and the Huntington Beach Art Center. The community’s 35 elementary schools and five public high schools frequently receive local, state, and federal awards and honors, including recognition as California Distin- guished Schools and National Blue Ribbon Schools. Golden West College, a community college, is also located in the City. Orange Coast College; the University of California, Irvine; and California State Universities at Long Beach and Fullerton also provide convenient proximity to higher education. Huntington Beach has an extremely diver- sified business community. No single business or industry dominates the local economy, which sup- ports leading commercial, industrial, and recreational industries with a diverse economic base from tourism and leisure to aerospace, high tech- nology, and manufac- turing. To learn more about the City of Huntington Beach, please visit: www.huntingtonbeachca.gov CITY GOVERNMENT What an exciting time to join the City of Huntington Beach! The COVID-19 pandemic brought City staff together like never before, fostering an environment of collaborative problem-solving across departments. In 2020, the City Council approved departmental restructuring plans that have resulted in a once-in-a-generation transformation of City operations, with an eye toward stellar customer service and cutting red tape. The City’s Executive Team is hiring new leaders at all levels of the organization to help implement this inspiring new vision. Will you join us? Huntington Beach was incorporated as a Charter City in 1909 and operates under the Council/Manager form of government. A seven-member City Council serves as the governing body. Members are elected at-large to four-year overlapping terms, with the Mayor and Mayor Pro-Tem roles designated on an annual rotating basis. The City Attorney, City Clerk, and City Treasurer are also elected, serve four-year terms, and they each serve as the administrative head of their respective departments. The City organizes its operations through 11 major departments, include the Adminis- trative Services, City Manager’s Office, Community Development, Community & Library Services, Finance, Fire, Police, and Public Works, along with the City Attorney’s Office, City Clerk’s Office, and City Treasurer’s Office. The City is supported by nearly 1,400 employees, and has a General Fund budget of $227.9 million (total budget $424 million). Huntington Beach maintains an “AAA” credit rating. ONE HB In Huntington Beach, staff are fanatical about engaging in a team-oriented approach to municipal governance. Indi- viduals who authentically practice the behavioral values of Humility, Exceptionality, Social Awareness, Passion, and Integrity will find success in the organization, which strives to be One Team, with One Focus, and One Goal. ONE TEAM We are one team… working together to serve the people of Huntington Beach exceptionally to inspire pride in our community. ONE FOCUS We have one focus… to stay fanatical about achieving municipal excellence by being active caretakers of our unique, people-centric HB culture. ONE GOAL We have one goal… to ensure that HB continually improves its standing as a premier coastal enclave as measured through the health of our people, our organization, our infrastructure, and our community. POLICE DEPARTMENT The Police Department is dedicated to providing a full complement of police service operations to the Huntington Beach community. The primary goal of the Huntington Beach Police Department is to maintain a partnership with the community, resulting in a safer community and an enhanced quality of life. The Department operates with the support of more than 356 sworn and civilian staff members and an annual budget that exceeds $79.2 million. The City of Huntington Beach Police Department provides a variety of police services distributed amongst its four divisions: Administrative Operations, Uniform, Investigations, and Administrative Services. Each division is made up of bureaus which have distinct duties to respond to the needs of the citizens and the Department. The Administrative Operations Division is responsible for facilities, budget/payroll, professional standards, training, community relations, press information, and jail. The Uniform Division is the most visible division, performing core law enforcement functions, including uniform patrol, traffic enforcement, school resource officers, Homeless Task Force, Special Enforce- ment Team, and special events. The Investigation Division is responsible for the Investigations Bureau, Special Investigations Bureau, and the Crime Lab. The Administrative Services Division provides support services to the three other divisions, including human resources functions, communications, property/evidence, and records. THE POSITION The Police Chief serves at-will and is appointed by and works under the administrative direction of the City Manager. Pursuant to the City Charter, the appointment of the Chief of Police will be made by the City Manager with City Council concurrence. The Police Chief serves on the City’s Executive Management team. The Police Chief will be joining a high-energy, creative, and professional executive management team. The desired candidate for this position has been described in the following manner. • Sets the tone for the Police Department, encourages collaboration and teamwork, and a high level of dedicated customer and community service at all times. • A visionary and creative leader who serves as an advocate for progressive police operations, and focus on future police de- partment structural and operational needs. • Skilled in utilizing a quality professional and technical staff, mindful of their abilities, and able to listen and make informed decisions. Possesses proven experience and is committed to staff development and succession planning. • Possesses a participative leadership style and works effectively with other City de- partments, the executive management team and affiliated labor associations toward the common good of the organi- zation and the service community. • Effective in managing the department’s financial resources and in communicating the department’s financial structure and position to internal and external stakeholders. Priorities for the New Police Chief: • Work with a variety of internal and external stakeholders to lead the City’s homeless response efforts, which includes a newly- opened Homeless Navigation Center, to help meet the City Council’s goal of ending homelessness in Huntington Beach, called Project Zero. • Implement and expand the Project HOPE mobile crisis response program, a first-of- its-kind effort, in partnership with Be Well OC. • Strengthen cohesion with the depart- ment across labor associations. • Lead the Police Department’s evolution into a modern 21st century law enforcement agency. • Assist with a comprehen- sive redesign and devel- opment of a new police department facility. • Develop and implement innovative and cost-effective strategies to provide quality, professional police services to Huntington Beach residents, busi- nesses and visitors. • Strengthen and enhance relationships with community stakeholders to build trust and improve transparency in policing. • Expand opportunities to acquire special project funding through grants and other non-traditional financial pathways. • Develop a world-class local data collection and reporting framework. 240 THE COMMUNITY Although Huntington Beach is no stranger to being front-page news, it’s really what’s happening behind the scenes that makes the City a fantastic place to live, work, and visit. Within an evolving political landscape, Huntington Beach has emerged as a regional leader in the development of innovative services, like the City’s Project HOPE mobile crisis response program, increasing beach access by rolling out ADA accessible Mobi-Mats, and standing up a homeless navigation center. The City of Huntington Beach is located in northwestern Orange County, 35 miles southeast of Los Angeles and 90 miles northwest of San Diego. The City encompasses 28 square miles of land and 26 square miles of water, making it the 24th largest city in California. With a population of about 202,265 residents, Huntington Beach is the fourth largest city in Orange County. Known as “Surf City,” Huntington Beach features nearly 8.5 miles of spectacular beaches and one of the largest recreational piers in the world. The City is home to a thriving beach community and is consistently named as one of the top ten beaches in California. Running parallel to Pacific Coast Highway and just steps from the ocean is an eight-mile strand perfect for biking, inline skating, jogging, or a leisurely stroll. The City hosts an annual visitor population of over 11 million people, featuring numerous large-scale special events, surf competitions, and festivals. Even with its swell of summer visitors, Huntington Beach has been listed for decades as among the FBI’s safest cities in the nation. In 2019, WalletHub ranked Huntington Beach as #5 in their “Top Ten Happiest Cities in the US.” Huntington Beach boasts a wide variety of municipal amenities. It has a world-class Central Library with four branch libraries. The City’s park system includes 78 public parks (including a dog park), riding stables, and the largest city-owned and operated regional park in Orange County — the 356-acre Huntington Central Park. Residents enjoy five recreation centers (including a senior center), three miles of equestrian trails, two golf courses, various recreation facilities, a marina, and a protected wildlife preserve. Huntington Beach draws some of the largest crowds in the world for its popular events, including the U.S. Open of Surfing, Van’s World Championship of Skateboarding, AVP Pro Beach Volleyball, the Surf City Marathon, and the Great Pacific Air Show. It’s also home to the International Surfing Museum, the Surfing Walk of Fame, the Bolsa Chica Ecological Reserve, and the Huntington Beach Art Center. The community’s 35 elementary schools and five public high schools frequently receive local, state, and federal awards and honors, including recognition as California Distin- guished Schools and National Blue Ribbon Schools. Golden West College, a community college, is also located in the City. Orange Coast College; the University of California, Irvine; and California State Universities at Long Beach and Fullerton also provide convenient proximity to higher education. Huntington Beach has an extremely diver- sified business community. No single business or industry dominates the local economy, which sup- ports leading commercial, industrial, and recreational industries with a diverse economic base from tourism and leisure to aerospace, high tech- nology, and manufac- turing. To learn more about the City of Huntington Beach, please visit: www.huntingtonbeachca.gov CITY GOVERNMENT What an exciting time to join the City of Huntington Beach! The COVID-19 pandemic brought City staff together like never before, fostering an environment of collaborative problem-solving across departments. In 2020, the City Council approved departmental restructuring plans that have resulted in a once-in-a-generation transformation of City operations, with an eye toward stellar customer service and cutting red tape. The City’s Executive Team is hiring new leaders at all levels of the organization to help implement this inspiring new vision. Will you join us? Huntington Beach was incorporated as a Charter City in 1909 and operates under the Council/Manager form of government. A seven-member City Council serves as the governing body. Members are elected at-large to four-year overlapping terms, with the Mayor and Mayor Pro-Tem roles designated on an annual rotating basis. The City Attorney, City Clerk, and City Treasurer are also elected, serve four-year terms, and they each serve as the administrative head of their respective departments. The City organizes its operations through 11 major departments, include the Adminis- trative Services, City Manager’s Office, Community Development, Community & Library Services, Finance, Fire, Police, and Public Works, along with the City Attorney’s Office, City Clerk’s Office, and City Treasurer’s Office. The City is supported by nearly 1,400 employees, and has a General Fund budget of $227.9 million (total budget $424 million). Huntington Beach maintains an “AAA” credit rating. ONE HB In Huntington Beach, staff are fanatical about engaging in a team-oriented approach to municipal governance. Indi- viduals who authentically practice the behavioral values of Humility, Exceptionality, Social Awareness, Passion, and Integrity will find success in the organization, which strives to be One Team, with One Focus, and One Goal. ONE TEAM We are one team… working together to serve the people of Huntington Beach exceptionally to inspire pride in our community. ONE FOCUS We have one focus… to stay fanatical about achieving municipal excellence by being active caretakers of our unique, people-centric HB culture. ONE GOAL We have one goal… to ensure that HB continually improves its standing as a premier coastal enclave as measured through the health of our people, our organization, our infrastructure, and our community. POLICE DEPARTMENT The Police Department is dedicated to providing a full complement of police service operations to the Huntington Beach community. The primary goal of the Huntington Beach Police Department is to maintain a partnership with the community, resulting in a safer community and an enhanced quality of life. The Department operates with the support of more than 356 sworn and civilian staff members and an annual budget that exceeds $79.2 million. The City of Huntington Beach Police Department provides a variety of police services distributed amongst its four divisions: Administrative Operations, Uniform, Investigations, and Administrative Services. Each division is made up of bureaus which have distinct duties to respond to the needs of the citizens and the Department. The Administrative Operations Division is responsible for facilities, budget/payroll, professional standards, training, community relations, press information, and jail. The Uniform Division is the most visible division, performing core law enforcement functions, including uniform patrol, traffic enforcement, school resource officers, Homeless Task Force, Special Enforce- ment Team, and special events. The Investigation Division is responsible for the Investigations Bureau, Special Investigations Bureau, and the Crime Lab. The Administrative Services Division provides support services to the three other divisions, including human resources functions, communications, property/evidence, and records. THE POSITION The Police Chief serves at-will and is appointed by and works under the administrative direction of the City Manager. Pursuant to the City Charter, the appointment of the Chief of Police will be made by the City Manager with City Council concurrence. The Police Chief serves on the City’s Executive Management team. The Police Chief will be joining a high-energy, creative, and professional executive management team. The desired candidate for this position has been described in the following manner. • Sets the tone for the Police Department, encourages collaboration and teamwork, and a high level of dedicated customer and community service at all times. • A visionary and creative leader who serves as an advocate for progressive police operations, and focus on future police de- partment structural and operational needs. • Skilled in utilizing a quality professional and technical staff, mindful of their abilities, and able to listen and make informed decisions. Possesses proven experience and is committed to staff development and succession planning. • Possesses a participative leadership style and works effectively with other City de- partments, the executive management team and affiliated labor associations toward the common good of the organi- zation and the service community. • Effective in managing the department’s financial resources and in communicating the department’s financial structure and position to internal and external stakeholders. Priorities for the New Police Chief: • Work with a variety of internal and external stakeholders to lead the City’s homeless response efforts, which includes a newly- opened Homeless Navigation Center, to help meet the City Council’s goal of ending homelessness in Huntington Beach, called Project Zero. • Implement and expand the Project HOPE mobile crisis response program, a first-of- its-kind effort, in partnership with Be Well OC. • Strengthen cohesion with the depart- ment across labor associations. • Lead the Police Department’s evolution into a modern 21st century law enforcement agency. • Assist with a comprehen- sive redesign and devel- opment of a new police department facility. • Develop and implement innovative and cost-effective strategies to provide quality, professional police services to Huntington Beach residents, busi- nesses and visitors. • Strengthen and enhance relationships with community stakeholders to build trust and improve transparency in policing. • Expand opportunities to acquire special project funding through grants and other non-traditional financial pathways. • Develop a world-class local data collection and reporting framework. 241 THE IDEAL CANDIDATE First and foremost, the City is seeking an individual who has an unwavering commitment to a team-based approach, and who recognizes that leaders must be focused always on serving their people. Successful candidates must be genuinely committed to living the organization’s behavioral values, which include: • Humility • Exceptionality • Social Awareness • Passion • Integrity Outside of these behavioral characteristics, the City is looking for candidates that are excited about the opportunity to take a key leadership role in this area for one of the nation’s most desirable, premier coastal communities. An inspiring and hardworking leader who has mastered the art of helping others see what’s possible, the ideal candidate will be of the highest integrity and considered a role model in the profession. This person will have the ability to approach day-to-day operations with an optimistic can-do attitude and a constant eye toward results and continuous improvement. Familiarity with technology and tools that support contemporary business practices and maximum efficiency, coupled with a track record that reflects data-driven decision making and the delivery of exceptional outcomes, will be expected. Proven success with modernizing systems and processes and other significant change efforts will also be considered favorably. The individual selected will be a unifying mentor and team builder who prioritizes people and the needs of the team above personal ambitions. Known for being enthusiastic about people and their work, this person will also be an outstanding people manager capable of fostering an inclusive culture that is also characterized by high standards, accountability, and trust. The ideal candidate will be a highly engaged and motivating manager who is supportive of innovation and problem solving at the lowest level. This person will know how to foster healthy internal debates to arrive at the best outcomes as one cohesive team. Driven by an obsession for the delivery of exceptional outcomes, the ideal candidate will convey a sophisticated understanding of external as well as internal customer needs and concerns. This individual will exhibit tremendous initiative and have a history that demonstrates the ability to address challenges with courage and confidence. Department leaders in Huntington Beach are expected to be resilient problem solvers and have an admirable ability to adapt while maintaining forward momentum. The ideal Police Chief candidate will be well versed in all aspects of police service operations and administration. Competitive candidates will possess at least ten (10) years of increas- ingly responsible command and supervisory experience in a full-service police department. Five (5) years in a command position equivalent to a Police Captain and/or Assistant/ Deputy Police Chief is desirable. Experience as a current Police Chief is preferred. A Bachelor’s degree from an accredited college or university with major course work in Administration of Justice, Criminology, Public Administration, or a closely related field. A Master’s degree is preferred. A California POST Management and/or Executive Certification is preferred. Graduation from California POST Command College, FBI National Academy, or similar course is preferred. COMPENSATION & BENEFITS The salary range for the Police Chief is open and DOQ. The City of Huntington Beach also offers an attractive benefits package that includes: Retirement — The City participates in the California Public Employees Retirement System (CalPERS) under a 3% @ 50 Safety benefit formula for Classic Members, and Members contribute the 9% employee share. New Members are under a 2.7% @ 57 Safety benefit formula and contribute 11.75%. The City does not pay into Social Security; however, all employees pay 1.45% towards Medicare. Insurance — Health (medical/dental/vision), life, and disability insurance is available to employees. IRS Section 125 medical and dependent care reimbursement plan (FSA) is available. Police Chief may elect to enroll in the CalPERS health insurance program offered by the City and contribute to a Retiree Medical Trust. Deferred Compensation — Two voluntary deferred compensation 457 plans available. Group Life Insurance — The City offers $50,000 of life insurance coverage, with employee option to purchase additional life insurance. General Leave — General leave with pay of 176 hours per year is granted to regular employees. Additional general leave hours are earned after four years of service, up to 256 hours after fifteen years’ service. Executive Leave — 80 hours per calendar year. Holidays — Ten paid holidays are provided per calendar year. Flexible Spending Accounts — Available where employees use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. Auto Allowance — Vehicle provided or $500 per month. TO APPLY If you are interested in this outstanding opportunity, please apply online at: www.bobmurrayassoc.com Filing Deadline: August 27, 2021 Following the closing date, resumes will be screened according to the qualifications outlined above. The most qualified candidates will be invited to personal interviews with Bob Murray and Associates. Candidates will be advised of the status of the recruitment following finalist selection. Finalist interviews will be held with the City of Huntington Beach. A select group of candidates will be asked to provide references once it is anticipated that they may be recommended as finalists. References will be contacted only following candidate approval. If you have any questions, please do not hesitate to call Gary Phillips at: (916) 784-9080 POLICE CHIEF 242