HomeMy WebLinkAboutHuntington Beach Police Management Association (PMA) - 2021-12-01 2000 Main Street.
Huntington Beall.CA
City of Huntington Beach 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 S190.474 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 Page 1 of 3 Printed on 11'302021
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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.
CaIPERS 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 Page 2 of 3 Pdnted on 1 ll302021
pov etf;kLegivar-
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 Page 3 of 3 Printed on 1 U3012021
powerel&2-Legiatar-
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 New Salary Schedule Effective the pay period including July 1, 2021, shift to a new
Salary master salary schedule that includes seven-steps(A—G)with five
Schedules 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 Performance Based Bonus Employees will have the ability to earn up to 3% merit-based
Salary bonus after the employee hits top step at their next regularly
Schedules scheduled performance evaluation date. This bonus will be
provided as a lump sum and will not increase the employee's base
salary.
Article IV CalPERS Cost Sharing Effective the beginning of the pay period including January 1,
Retirement 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 Employer Contribution to A modification to Article V to increase the monthly maximum
Health and Health and Other Insurance employer contribution towards flex benefits as follows:
Other Benefits
Insurance Effective the beginning of the pay period including January 1,
Benefits 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-$2,203.13
Article IX General Leave Language updated to include irrevocable election language to
Leave address IRS provision on constructive receipt.
Benefits
Article IX Sick Leave Sunset of Police Lieutenant sick leave (probationary period)
Leave provision.
Benefits
Article XI Holiday Compensation Elimination of current Holiday language effective through
Holidays December 31,2021.
Addition of Holiday in Lieu Pay effective January 1, 2022.
Article XIII Advanced POST Pay Effective on the first day of the pay period including July 1, 2021,
Special Pay employees who have earned an Advanced POST Certificate shall
be paid six percent (6%)of base hourly rate of pay.
Article XIII Educational Incentive Pay Effective on the first day of the pay period including July 1, 2021,
Special Pay employees who have earned a BA/BS Degree shall be paid six
percent (6%)of base hourly rate of pay.
MOU clean-up language is set forth in the track-changed MOU to which the parties have agreed and
will sign following City Council approval of the MOU.
164
City ro Huntington Beach
L O PMA Proposal
w..a D Proposed Term: 2 5 years
Year 1 Year 2 Year 2
FY 21/22 FY 22/23 FY 22/23
MOu Estimated YOY Estimated YOY Estimated YOY Total Cost of
Item 8 Union Description Rate/$ Impact Impact Impact Proposal Notes:
1 All Term:2.5 years(July 1,2021 through December 31,2023)
2 PMA Salary Shift to New Ranges 19,483 - 19,483
Assume 2%due to
3 PMA Annual Top Step Bonus up to 3% Up to 3% 59,592 - - 59,592 department discretion in
bonuses given
4 PMA Increase PERS Contributions to 13%-Add'l 1%effective January 2% (14,971) (29,498) (14,528) (58,997) Phase-in Approach
1,2022;Add'I 1%effective January 1,2023
5 PMA Employer Health Contributions various - 19,198 - 19,193
6 PMA Add 6%Education pay for BA/BS Degree 1% 194,952 - - 194,952 All will receive
All will receive Adv POST
7 PMA Add 6%for Advanced POST Certificate and Remove S80/mo 6% 196,502 - - 196,S02 and 2 Capt,4 Liet will stop
Supervisory/Leadership Cert Pay
$80/mo
8 PMA Increase Holiday Pay from 80 hours to 120 hours per year various 27,728 27,727 - 55,4SS No Oti Included.
Effective Jan 1,2022
Total Cast of Proposal PMA 473,286 27,427 (14,528) 476,I111S
165
Legislative Draft
Memorandum of Understanding
Between
Huntington Beach
Police Management Association
and
City of Huntington Beach
JulyjaR6ar�} 1 , 2021 4-9 = December jURe
310, 20230
POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
PREAMBLE ................................................................................................................5
ARTICLE I -- REPRESENTATIONAL UNIT ...................................................................5
ARTICLE 11 -- 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 CaIPERS Member Contribution...........................................................................6
6. Classic Member Safety CaIPERS Cost Sharina............................................................................
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
...............................................................................................................7
32. 1959 Survivors' Benefit Level IV................................................................................................7
41. Pre-Retirement Optional Settlement 2 Death Benefit................................................................7
64.Three Year Final Compensation.................................................................................................7
5. New Member Safety CalPERS Member Contributions..................................................................
6. New Member Safety CaIPERS Cost Sharing .. .
ARTICLE V -- HEALTH AND OTHER INSURANCE BENEFITS ...................................8
A. HEALTH...................... .... ......... ......... ........ . .......................................................H
1. CaIPERS 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 CaIPERS PEMHCA program - Impact to Retirees........10
c. Termination Clause........................................._.................. .. ...................... . ..................10
4. Medical/Vision Cash-Out..._................................................ .._... ....... ...._........ ....... ............10
B. SECTION 125 EMPLOYEE PLAN.............................................................................. 11
PMA MOU,IylyJanu"1.202149 through Decemherdunp 3149.202N i lea
POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
C. LIFE INSURANCE .......... ..................................................................... 11
D. CITY CONTRIBUTION TOWARDS LTD INSURANCE AND LTC PROGRAM ...................... 11
E. EMPLOYEE WELFARE BENEFIT TRUST FUND........................................................... 12
ARTICLE VI -- BEREAVEMENT LEAVE......................................................................16
ARTICLE VII -- ADDITIONAL MANAGEMENT BENEFITS .........................................16
ATAKE HOME VEHICLE USE ..................................................................................... 16
BBILINGUAL PAY..................................................................................................... 16
C. UNIFORM ALLOWANCE........................................................................................... 14
DMEAL ALLOWANCE................................................................................................ 17
1. Per Diem....................................................................................................................................14
2 Per Diem Schedule....................................................................................................................15
E. MILEAGE ALLOWANCE ........................................................................................... 18
....................................... 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. 11........... ...................................................................... 19
B GENERAL LEAVE.. ............. .......... .. .. ....... . .. __ .. ._. .. ..__ ._.... 19
1 AccrwlPurpose 16
2 Eligibility and ApgrovalAnniversary Date _... ............. _ 16
3 Annual General Leave EliQiblllty ............. ................ .17
4 general 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
GR'C;v1FA _ .................................. i-7
i. ... __................................................................................................ ...........17
2 6red11 ......... . .. .. .— r .................... ...........................13
aUsage ............. ............................................................... . ... ._ ....................................—........u
OC POLICE LIEUTENANT SICK LEAVE (PROBATIONARY PERIOD) .................................... 17
ED- LEAVE BENEFIT ENTITLEMENTS............................................................................- 17
FE. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM........................................ 18
PMA MOU jUy"wwary 1 20Z1 44 through DecembgrJune L128 202N ii 169
POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE X SICK LEAVE PAY OUT...........................................................................23
ARTICLE XI -- HOLIDAYS ...........................................................................................Is
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 I EXEMPT COMPENSATORY TIME AND
EXECUTIVE LEAVE.............................................................................26
A. WORK SCHEDULE .................................................................................................26
1. 4-10Plan _... . _ _...... _..... _... ___._._._I......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
CExecutive Leave .................................................................................................21
ARTICLE XIII -- SPECIAL PAY....................................................................................27
A. VANCED POST CERTIFICATE...27
B. EDUCATION INCENTIVE PAY.......................................................................................
8Q. EXECUTIVE DEVELOPMENT INCENTIVE PROGRAM ....................................................22
GQ. LONGEVITY PAY....................................................................................................22
9E.. ACTING ASSIGNMENT............................................................................................22
ARTICLE XIV-- MANAGEMENT RIGHTS....................................................................29
ARTICLE XV-- MISCELLANEOUS PROVISIONS .......................................................23
A. RE BPEIi.F1.........................................................................................................�a
B. PEfif Ra.. . .. ... .................................................................................25
G-A.EMPLOYER-EMPLOYEE RELATIONS RESOLUTION (EERR)........................................24
1. Amendments to the EERR _.................._____.. ... . .............................................._24
a. Modification of Section 7- Decertification and Modification..............................................._24
9B WEAPONS VESTING.................................................................................. ............25
€C ASSOCIATION BUSINESS—....................................................................... .............25
r` .............................................25
GD. COLLECTION OF PAYROLL OVER PAYMENTS............................................................26
PMA MOU ygMwYry 1 20714 through Qto rJw L1Jg 202N iii 170
POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
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 CATASTROPHIC LEAVE DONATION PROGRAM......... 37
EXHIBIT E - ALTERNATIVE DISPUTE RESOLUTION AGREEEMENT .....................41
EXHIBIT F - HEALTH PREMIUMS AND CONTRIBUTIONS................................ ......46
PMA MOU Julvda%@Fy 1 2Cj134 W'ougn DeCemlx ',R, Lld6 202,36 i, 171
POLICE MANAGEMENT ASSOCIATION
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 dawdaFy 1, 2018 July 1, 2021 through December 31daae 30, 20230. Except as
otherwise provided in this MOU, the provisions are effective on July 1, 2021.
ARTICLE 1 -- 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 11 -- 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.
PMA MOU I 1.20 148 through 172
�SLY1' 2.. 9 �SSIDQEtdune,}190.202�}0 5
POLICE MANAGEMENT ASSOCIATION
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 employees 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 obiectives
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 Chiefs 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 CaIPERS or law. the City will
report the compensation in this section as special Compensation pursuant to Title
2 CCR, Section 571(a)(1) Bonus
PMA MOU ji"Jwwery 1.207141hrough pgcemjgr4u 313B.202N
POLICE MANAGEMENT ASSOCIATION
ARTICLE IV — RETIREMENT
A Classic Safety Employee Retirement Benefits
A 1 3% (od) 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
9-2 1959 Survivors Benefit Level IV (California Government Code Section
21574) - Members of the City 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)
9-4 One-Year Final Compensation (California Government Code Section
20042)
✓`5 Classic Safety CalPERS Member Contribution —
All -classic member safety members" shall pay their CalPERS member
contribution of nine percent (9%) of compensation earnable.to FERSaspaR
0
a
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 CaIPERS Cost Sharing.
a. Classic member safety members cost share two percent (2%)
compensation earnable in accordance with Government Code section
20516(f)
PMA MOU JulyJanWry 1.20L148 through DecemberJdRR 31d9 202N - 174
POLICE MANAGEMENT ASSOCIATION
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 eamable 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 0%)
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 PIERS 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 4is,�eir 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).
D. "New Members' Safety Retirement Benefits:
1. CaIPERS "New Member" Safety Retirement Formula: 2.7% (c-D- Age 57 Plan -
The City shall provide the 2.7% @ Age 57 retirement formula set forth in
California Government Code Section 7522.25(d) for all safety employees
defined as "new members" per the Public Employees' Pension Reform Act of
2013 (PEPRA) represented by the Association.
PMA MOU JUlydaauary 1,2021�8 through Dgrm rJw 139.202,8 R 175
POLICE MANAGEMENT ASSOCIATION
0
I
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 Citys
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
ARTICLE V -- HEALTH AND OTHER INSURANCE BENEFITS
&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
PMA MOU)I lyaarw" 1 20L14 through 22fdjM erju 313Q.202N try
POLICE MANAGEMENT ASSOCIATION
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 CaIPERS PEMHCA to make a contribution to retiree
medical premiums. A retiree's right to receive a City contribution, and the City's
obligation to make payment on behalf of retirees, shall only exist as long as the
City contracts with CaIPERS 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:
_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.
�-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.
iiiEmployee + 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
PMA MOU JmJydanaary 1.20j178 through Q&gii 6ari dw*21130.20220 1() 177
POLICE MANAGEMENT ASSOCIATION
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
Wry 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 employees
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.
2019 GORIFIblut-OR rap will be We FasPORGIb"Ity Of the @MPIOY88
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
(6'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
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 Dental Vision
PPO HMO
Single 774.00 57.86 1 30A 1 23.50
Two Party 1623.00 108,02 1 51.19 23.50
Family 2076.00 142.36 ; 7829 23,50
For employees who elect to discontinue vision coverage, the employee
premium paid for vision coverage will be applied toward the medical Dremium.
PMA MOU"LyJarwry t.2021 4 through DeCerht r I RR;f 120 202N 11 178
POLICE MANAGEMENT ASSOCIATION
Table 2. PMA Health Contributions Effective January 1, 2022
Maximum City Contribution
The City agrees to contribute up to the premium but
not hi her than the maximums listed below
31K Medical Dental Dental Vision
PPO HMO
_ Single 825.86 57.86 30.11 23.50
Two Party 1 704.15 108.02 51.19 23.50
Family 2,17980 14236 7829 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:
Dental Dental
Tier Medical PPO HMO Vlslon
Single 84919 5786 30.11 23.50
Two Party 1 727 48 108.02 51.19 23.50
Family 2 2�3 13 142,361 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
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. CaIPERS shall be the sole determiner
of eligibility for retiree and/or annuitant to participate in the PEMHCA program
�-a City Contribution (Unequal Contribution Method) for Retirees
As allowed by the Government Code and the CaIPERS 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 111 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
+mob Termination of Participation in the CalPERS PEMHCA program —
Impact to Retirees
PMA MOU juty4eAw" 1 207149 through De mperdw+a L138 202,4 1' 179
POLICE MANAGEMENT ASSOCIATION
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
++i-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
employers contribution. insurance premiums, or program changes to
the CalPERS medical plan
The City and Association may elect to terminate its participation in the
CalPERS PEMHCA program by mutual agreement through the meet
and confer process between the Association and the City
4 MedicalNision 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
DivisionDepa#ment), 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
G-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
PMA MOU 15Lydarwary 1 20L138 though Derem Jw t130 202N 1 1 i8c
POLICE MANAGEMENT ASSOCIATION
dependent care and/or unreimbursed medical expenses as determined by the
Internal Revenue Code.
9-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 employees cost, with evidence of insurability
ADD 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 Associations 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 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.
PMA MOU".tjJenwry 1.20jt 44 through DecernWr4w LlJB 202N 14 181
POLICE MANAGEMENT ASSOCIATION
interest, taxes, or liability of any kind whatsoever. which may result from the
HBPOA sponsored and administered LTD insurance and LTC programs
8 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 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.
8-b A statement certifying that funds collected are for employee welfare
medical benefits for HBPMA represented employees only.
Cc.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.
9-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
PMA MOU"jI jawuary 1 20L138 through Decemperd AA 3130 20239 1: 182
POLICE MANAGEMENT ASSOCIATION
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
✓<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
EB 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 maybe approved at the discretion of the Chief
of Police.
2. Authorization of qualified employees for bilingual compensation will be based
on the following
PMA MOU"jyda,waq t 20L138 though pe hn rJu L130 202N I n 183
POLICE MANAGEMENT ASSOCIATION
sa A need for the employee to use the language in the City to support
the implementation of police operations
GI-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
kf-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 1 st 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).
G-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.
✓-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
PMA MnU jilydanuary 1 20LI4 Mrougn DeCern r lw;A L120 202N 17 184
POLICE MANAGEMENT ASSOCIATION
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 Seances 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 qsa govimie
J-E Mileage Allowance
The City shall reimburse employees for the use of personal automobiles at the
existing IRS reimbursable rate
nf lay., AnfaFgArAent related equipment Th16 payment will GRIY be Friade to
The PaFtle6 agFee and aGkAGWIedgA that singe this one time 16IMP ISUM payMeRt
related egwpmewt.
as GOMPEIF16ation eaFnable Th!6 PayMeRt will be made orie time and the City 16-
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
PMA MOU,�Llydanwry 7 20L1 ib'hrougr gtom_ rr4u Li 30 202N I 185
POLICE MANAGEMENT ASSOCIATION
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 helshethey 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 iniury of the employee not otherwise
covered under other provisions of law (e q Labor Code 4850, workers
compensation laws, etc )
2 Anniversary Date — For the purpose of computing General Leave, an
employees 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.
PMA MOU jj&,Iaauery 1.20Z14 through DeQern rlopg ;L720 202N I'1 186
POLICE MANAGEMENT ASSOCIATION
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
PMA MOU jWyJYMwq 1 20L1 4 inrujgn Uecemberduae�139 202N ,i� 187
POLICE MANAGEMENT ASSOCIATION
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
employees 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 employees 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 employees 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
employees 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
8 Geaera,Ieave
1 Assrual
wears
PMA MOU"ji Jeowfy 1.20L48 through j [Jww 7C.20220 21 188
POLICE MANAGEMENT ASSOCIATION
YAW We-muFs-
26644GUM
7 Eli. bility nnd AppFe a
Gap Shall be pa d A Ga6h at the ba6e FAGAthly FatS Of Pay OR the fiF6t pay day
Q R bp A
i�
I AGGFuat
2GFedL
PMA MOU"Ai Jarwry 1.20ZIU through pecefterdune L1139 202N
POLICE MANAGEMENT ASSOCIATION
9-C Police Lieutenant Sick Leave (Probationary Period)
For employees promoted prior to the City Councils approval of this 2021-23 MOU,
e€ffective 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
Councils 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
EL 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
1`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
0
2-A. Employees who still have previously earned sick leave hired a#ef
shall be entitled to the following Sick Leave cash out plan
Upon termination, all employees shall be paid at their then current base maRthly
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
PMA MOU jyly"aw" t 20LI 4 through jet pe 'wAn L1ap 20220 2 190
POLICE MANAGEMENT ASSOCIATION
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
8-2 If the holiday designated above falls on an employee's regularly scheduled
workday, the employee will receive the day off and receive pay
PMA MOU jhUI J&w" 1.20L141hrough DeP"De WRA i130 20220 14 191
POLICE MANAGEMENT ASSOCIATION
for their regularly scheduled workday.
Example
Work Work Work Holiday = Work 30 hours & compensated for 40
10 10 10 10
G-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 Holidav = Work 40 hours & compensated
for 48
10 10 10 10 8
9-4 Employees who are required to work on a actual holiday designated above
shall be compensated at the rate of one and one-half (1 '/]) 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
e1 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
PMA MOU"IyJanuary 1 20jt 34 Mrougn QecemDerJu L139 202N __ 192
POLICE MANAGEMENT ASSOCIATION
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 q , 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
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
ep riodweek
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
PMA MOU Adydwwery 1,20J1491nrougn QtomDgrJw L13g 202N 'r, 193
POLICE MANAGEMENT ASSOCIATION
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.
2-13. 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 %) 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 arew4l--be entitled to seventy (70) hours of Executive Leave per
calendar year
Unused Executive Leave shall not carry over to the next
calendar year.
ARTICLE XIII -- SPECIAL PAY
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.
PMA MOU"bf4a wag 1.20?d44 through dune 1130,20229 27 194
POLICE MANAGEMENT ASSOCIATION
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
A_n
employee who completes one of the following shall receive five percent (5%) of
their base hourly rate of pay:
1_either Tithe 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 Masters degree and
complete a department-approved leadership course
0
) of their basg monthly Fate ef pay paid OR a bk
weekly W616.
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
&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.
PMA MOU,lSLYY 1.20j138 through peCemOerdwRe 3139 202N _
Is
POLICE MANAGEMENT ASSOCIATION
it. 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.
G3.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.
&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.
Q, 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, he4helLey 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,
geEshethey 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.
40-3_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.
PMA MOU J11114aAuafy 1,20JI43 through QgoglbarJ�L1139 20220 29 196
POLICE MANAGEMENT ASSOCIATION
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 96ef�er
mod fieG the City I F; PAFF;QAAR' R1-''OF; thA PAFGARRAI Ri-1186 AF FRed-fied �'A'oil! apply to
o-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 4wA;ectheir 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 VOL. 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
PMA MOUAylydawwg 1 zoL1>athrough cecempe As 3139 20Qe ;1) 197
POLICE MANAGEMENT ASSOCIATION
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 Directors 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:
PMA MOU}yiydanwry 1 20L138!hrougr m rju L140 202N 198
POLICE MANAGEMENT ASSOCIATION
vii. Any party who chooses to appeal the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of
Section 14A 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,
helshethey 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.
'R aGGGFdaRGe With IRS FegulatieRs, the value of any Awned leave hAnAft
.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
PMA MOU,Ulydanuary 1,20L1i8 through 20220 31 199
POLICE MANAGEMENT ASSOCIATION
compensation over payments caused by or the result of misinterpretation of a pay
provision by non-authorized personnel The interpretation of all pay provisions
shall be administered by the City Administrator or designee and as adopted by the
City Council Unauthorized compensation payments shall not constitute a past
practice.
4-E Direct Deposit
All employees are required to utilize direct deposit of payroll checks
6F 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
VG 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 daRuaq 1 , 20214-8 through
December 31JURe--38. 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
PMA MOU"Iydanuaq 1 202144 1hrougn DecemperJuM. 130 202N , , 2GG
POLICE MANAGEMENT ASSOCIATION
ARTICLE XVI CITY C-01-INCIL .A.PPROVAL
It is the i_1nd_e;:stand'Rg of the Gity and the A66GAIE-410A that this MAIIAGIPA.AdUrn of
of the Gity GOURGII of the City of HuntingtGA BeaGh
IN WITNESS WHEREOF the parties hereto have executed this Memorandum of
Understanding this day of . 20214-8
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH
POLICE MANAGEMENT ASSOCIATION
By By
Oliver Chi David DeFeszyaskfKevm Johnson
4#efiw City Manager PMA -President
By By
Travis Hopkins Bo Svendsbo
Ast+agAssistant City Manager PMA Vice President
By
Brittany Melly
Interim Administrative Services PMA NegatlatlGRIS TeaFn - -
Director
APPROVED AS TO FORM
By
Michael E Gates
City Attorney
PMA MOU LWydawuary 1 20L44 through oecemper'WRR L130 202N ;4 201
POLICE MANAGEMENT ASSOCIATION
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
EXHISIT--F
PMA MOU,Z Al januaFj 1.20L1 i8!nrougn p¢cemDerdw+e,L17G.20229 35 202
POLICE MANAGEMENT ASSOCIATION
EXHIBIT A - SALARY SCHEDULE
NM1N lab DescFpEwn AwtGpo" A I !i G D i
9234 Pal ee we wAaW PMA234 6329 666E ;Q" 7422 7949
0233 Pe♦:tEGepfain P.QiI33 73 69 7s—" -74" 94.98 88 11
Effective the Beginning of the Pay Period Including July 1, 2021
Job No b Description A 8 1 C D E F G
234 Police Lieutenant 237 58.63 61.56 64 64 6787 71,27 74.83 78.57
233 Police Captain 250 66.73 70.06 73.57 77 24 81.11 85 16 89A2
203
PMA MOU"JjJwwwy 1.2021U through ppogjDffl n IU30 20220
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EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN
An employee who has retired from the City and meets the plan participation requirements
shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment
of qualified medical expenses incurred for the purchase of medical insurance
Plan Participation Requirements
1 At the time of retirement the employee has a minimum of ten (10) years of continuous
regular (permanent) City service or is granted an industrial disability retirement. and
2 At the time of retirement. the employee is employed by the City and
3 Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees Retirement System (CalPERS)
The City's obligation to pay the Service Credit Subsidy as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one
of the following
a On the first of the month in which a retiree or dependent reaches age 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 4i6/1 a their 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 h+644e9heir 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
PMA MOU,J.VIIJaAw" t.20Z14 through peCBm rJune.36 202N
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EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN
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:
Service Credit
Years of Service Subsidy
10 $121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
The Service Credit Subsidy will be reduced every January 15t by an amount equal to
any required amount to be paid by the City on behalf of the retiree (annuitant). Article
IV.A.4.a. provides an example of expected reductions per retiree per month.
205
PMA MOU jitjyJapuary 1,20Z148 through QftgftooDffJune 1120.20220 8
POLICE MANAGEMENT ASSOCIATION
EXHIBIT B —SERVICE CREDIT SUBSIDY PLAN
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 444;eFtheir 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
laiskaeftheir 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 hisAhertheir 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.
zas
PMA MOU J.V1jdanua4y 1,202_148 through Qj r rJw*21130,20220 39
POLICE MANAGEMENT ASSOCIATION
EXHIBIT C —ADMINISTRATIVE APPEAL PROCEDURE
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: (1i) 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 fording 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. OA41:iethey will
be replaced by the alternate
z--
PMA MOU&1XJanwry 1 202.148 through DeCemDr 1 RA L130 202N
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EXHIBIT C -ADMINISTRATIVE APPEAL PROCEDURE
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
a-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.
&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
PMA MOU,.Ulydanuery 1,202148 through "" 130.20220 41
POLICE MANAGEMENT ASSOCIATION
EXHIBIT C —ADMINISTRATIVE APPEAL PROCEDURE
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
zne
PMA MOU"IyJanwry 1 20j14 through DeCemtrdw+e L13B 2C2N 4:
POLICE MANAGEMENT ASSOCIATION
EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
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
PMA MOU,J. l&4anuery 1,2021441 through QftgjMDEJw 1130.20229 43
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EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
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.
zr
PMA MOU,&Iy Wpwwy 1 20LI4 through oe rJu L130 202P 44
POLICE MANAGEMENT ASSOCIATION
EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
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)
ork Phone: Department:
ob Title: Employee ID#:
Requester Signature: Date
Department Director Signature of Support: Date
Human Resources Department Use Only
End donation date will bridge to: iEnd donation date:
❑ Long Term Disability
❑ Medical Retirement beginning
❑ Length of FMLA leave ending
❑ Return to work
Human Resources Director Signature: Date signed:
Please return this form to the Human Resources Office for processing.
212
PMA MOU J&JeRus y 1,2021449 through j Jw ,U8g,20220
POLICE MANAGEMENT ASSOCIATION
EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name: (Please Print or Type:Last, First, MI)
Phone:
nor Job Title:
Type of Accrued Leave: Number of Hours I wish to Donate:
Vacation Hours of Vacation
Compensatory Time Hours of Exempt Compensatory Time
General Leave Hours of General Leave
I understand that this voluntary donation of leave credits, once processed, is irrevocable:
but if not needed. the donation will be returned to me I also understand that this donation
will remain confidential
I wish to donate my accrued Vacation. Exempt Compensatory Time or General Leave hours to the
Leave Donation Program for
Irgible recipient employee's name(Last, First, MI):
[Donor Signature: Date.
Please submit to Payroll in the Finance Department.
213
PMA MOU JI&JwwWy 1.202144 through Q2geMDEJw L1130 202,'3G ate
POLICE MANAGEMENT ASSOCIATION
EXHIBIT E — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
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-1To 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.
8-2 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.
6-3_To reduce the number and severity of disputes between the City and
covered employees. when those disputes relate to workers compensation. and
0-4 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 3201.79.
Now, therefore, in consideration of the mutual terms covenants and conditions herein,
the parties agree as follows
214
PMA MOU,WAI J&wary 1.20Z148 through DerAPIbef'WRR L1Jg 202N 47
POLICE MANAGEMENT ASSOCIATION
EXHIBIT E — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
Article ll. 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)
275
PMA MOU,Iy&"Pwery 1.20?d41hrough Q22RMDKJw L124.2022C ;%
POLICE MANAGEMENT ASSOCIATION
EXHIBIT E — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
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 parry 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.
276
PMA MOU,U[ 4anuary 1.20Z1449 through j Ju 112g.202N 49
POLICE MANAGEMENT ASSOCIATION
EXHIBIT E — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
F The parties hereby agree that from time to time the exclusive list of approved
medical providers maybe 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 hel6hethev 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
h+slheftheir work schedule prior to an appointment being made so that
appointments can be made during an employees nonworking hours or the
first or last hour of h+slheftheir 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
21
PMA MOU JWtjJaA"Fy 1 20L48 through Decemperdwre)Jg 202N 511
POLICE MANAGEMENT ASSOCIATION
EXHIBIT E — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
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 Attorneys fees for employee depositions shall be
covered by Labor Code section 5710 There will be no attorneys fees for
doctors 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_This Agreement shall be governed and construed pursuant to the laws of
the State of California.
6C 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 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 attorneys fees_-
218
PMA MOU Jkly3anwa" 1 20j1381hrojgh DeCemperd,PA 31138 202N `I
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228
PMA MOU jWbfJsA"Fy 1.202149 through Jw 1130 20220 61
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, November 30, 2021 8:47 PM
To: Agenda Alerts
Subject: FW: Various 1 210112 02 1 Agenda Items: Failure to Adhere to the Mandates of HBMC
2.70
From: Gino J. Bruno <gbruno@socal.rr.com>
Sent: Tuesday, November 30, 2021 8:39 PM
To: CITY COUNCIL <city.council@surfcity-hb.org>
Cc: Chi, Oliver<oliver.chi@surfcity-hb.org>; Hopkins, Travis<thopkins@surfcity-hb.org>; Gates, Michael
<M ichael.Gates@surfcity-hb.org>
Subject:Various 12/01/2021 Agenda Items: Failure to Adhere to the Mandates of HBMC 2.70
Council members:
Once again the administration of our City government has extended its collective middle finger at the mandates
of our Municipal Code-required Openness In Labor Negotiations (HBMC §2.70), and refuse to comply with its
requirements.
At the Special Meeting of our City Council scheduled for tomorrow (Wednesday, December 1st), in an obvious
effort to obfuscate transparency and public participation by holding a meeting in the early aftemoon (2:00 p.m.)
when most folks are trying to earn a living during these difficult times, and when at least one Council member
cannot attend because, unlike other Council members. he is trying to run a business that actually has a payroll,
the City Council is expected to approve union contracts with:
• Management Employees Organization (MEO),
• Marine Safety Management Association (MSMA), and
• Police Management Association (PMA).
Mr Chi and his staff have refused and neglected to post publicly each and all of the various offers and counter-
offers that culminated in the respective MOUs as required by the codified Openness In Labor Negotiations
ordinances cited above
Instead, the City Manager and the Assistant City Manager negotiated' these deals behind closed doors
secretly. The public is not to know anything about the deals until they are presented to the Council for
approval and adoption.
If you want to see an example of how the "openness in labor negotiations" should have been done to comply
with Code, with public disclosures of offers and counter-offers, and made publicly available. see
his //www huntmgtonbeachca gov/governmenUtransparency/hbopen-hbfa cfm
Respectfully, SUPPLEMEN i AL
COMMUNICATION
Gino J Bruno +
Huntington Beach Mee*V pate: I I I
Agwicle IMm No.