HomeMy WebLinkAbout2018-42 - Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach Police Association and Amending the Salary ScheduleRESOLUTION NO. 2018-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF NEWPORT BEACH AND THE NEWPORT
BEACH POLICE ASSOCIATION AND AMENDING THE
SALARY SCHEDULE
WHEREAS, the City Council of the City of Newport Beach ("City Council")
previously adopted Resolution No. 2001-50, the "Employer -Employee Relations
Resolution," pursuant to authority contained in the Meyers-Milias-Brown Act, Government
Code section 3500 et seq.;
WHEREAS, the City of Newport Beach ("City") supports effective communication
and collaborative working relationships with its employee associations to promote
improved relations while balancing good management practices;
WHEREAS, the City previously entered into a memorandum of understanding with
the Newport Beach Police Association ("NBPA"), a recognized employee organization,
for the term of July 1, 2014 through June 30, 2017;
WHEREAS, representatives from the City and NBPA met and conferred in good
faith and reached a tentative agreement on wages, benefits, and other terms and
conditions of employment, which are memorialized in the Memorandum of Understanding
between the City and NBPA ("Memorandum of Understanding") attached hereto as
Exhibit A and incorporated herein by this reference;
WHEREAS, the NBPA ratified the Memorandum of Understanding on May 28,
2018;
WHEREAS, City of Newport Beach Charter Section 601 requires the City Council
to provide the number, titles, qualifications, powers, duties, and compensation of all
officers and employees of the City;
WHEREAS, Newport Beach Municipal Code Section 2.28.010 provides that, upon
recommendation of the City Manager, the City Council may establish by resolution the
salary range or rate for each position;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedule for NBPA unit members so as to be in conformance with the
Memorandum of Understanding;
WHEREAS, the City Manager has reviewed the changes to the salary schedule
for NBPA unit members provided in this resolution and recommends approval,
Resolution No. 2018-42
Page 2 of 3
WHEREAS, the City Council received and considered the MOU at its regular
meeting on June 12, 2018; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2014-2017 memorandum of understanding between the City and the NBPA by
adopting the Memorandum of Understanding attached hereto as Exhibit A to serve as the
successor agreement between the City and the NBPA for the period April 1, 2018 through
June 30, 2021.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: Wages, hours, fringe benefits, and other terms and conditions of
employment for employees represented by the NBPA shall be provided in accordance
with the provisions of the Memorandum of Understanding attached hereto as
Attachment A, which shall serve as the successor agreement between the City and the
NBPA for the period April 1, 2018 through June 30, 2021.
Section 2: The City's salary schedule shall be modified to be consistent with this
resolution. Any resolution, or part thereof, in conflict with this resolution shall be of no
effect.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
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Resolution No. 2018-42
Page 3of3
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 26th day of June, 2018.
1
arshall " ffy" D ffield
Mayor
ATTEST: ��WP0
Leilani I. Brown
City Clerk i��P
L/Fovt
APPROVED AS TO FORM:
CITY A Y'S OFFICE
Aaron C. rp
City Attorney
Attachments: Exhibit A — Memorandum of Understanding
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH POLICE ASSOCIATION
April 1, 2018 through June 30, 2021
TABLE OF CONTENTS
Page
PREAMBLE
1
SECTION
1 -GENERAL PROVISIONS
1
A.
Recognition
1
B.
Term
1
C.
Release Time
2
D.
Scope
4
E.
Conclusiveness
5
F.
Modifications
5
G.
Bulletin Boards
5
H.
No Strike
5
I.
Savings
6
J.
Impasse
6
SECTION 2 -COMPENSATION
6
A.
Salary Adjustments
6
B.
Salary Schedule for the Classification of Police Officer
6
C.
Advanced POST Certification for Police Officers
7
D.
Dispatch/Record Skills Incentive Pay
7
E.
Longevity Pay for Full -Time Non -Sworn Employees
8
F.
Meal Period/Code Seven Time
8
G.
Overtime
9
H.
Overtime Compensation - Court
10
I.
Education Retention Incentive Program - Non -Sworn
11
J.
Scholastic Achievement Pay - Sworn
12
K.
Non -Sworn Personnel Shift Differential
13
L.
Training Pay
13
M.
Motor Officer Pay
14
N.
Canine Officer Pay
14
O.
Matron Pay
15
P.
Minimum Call Back
15
Q.
Bilingual Pay
16
R.
Certification Pay
16
S.
Uniform Allowance
17
SECTION 3 -LEAVES
17
A.
Flex Leave
17
B.
Holiday Time
19
C.
Bereavement Leave
20
D.
Leave Sellback
20
E.
Workers' Compensation Leave
21
U
F.
Scheduling of Medical Treatment for Industrial Injuries
21
G.
Non -Accruing Leave Bank
22
SECTION 4 - FRINGE BENEFITS
22
A.
Insurance
22
B.
Additional Insurance/Programs
23
C.
Employee Assistance Program
24
D.
The Retirement Benefit
25
E.
Retiree Medical Benefit
27
F.
Contribution to PORAC Retiree Medical Trust (RMT)
32
G.
Deferred Compensation
33
H.
Tuition Reimbursement
33
I.
Physical Conditioning Equipment
33
SECTION 5 -MISCELLANEOUS PROVISIONS
34
A.
Reductions in Force/Layoffs
34
B.
Work Schedules
36
C.
Seniority
37
D.
Grievance Procedure
38
E.
Pre -Hearing Briefs
41
F.
Use of Tobacco Products
41
G.
Direct Deposit
41
H.
Contract Negotiations
41
SIGNATURES
42
EXHIBIT A
43
EXHIBIT B
44
NBPA MOU 2018-2021
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH POLICE ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
PREAMBLE
The Newport Beach Police Association ("NBPA" or "Association"), a recognized
employee organization, and the City of Newport Beach ("City"), a municipal
corporation and charter city, have been meeting and conferring, in good faith, with
respect to wages, hours, fringe benefits and other terms and conditions of
employment.
2. This MOU, upon approval by NBPA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters set forth herein.
SECTION 1. —General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport
Beach, the Meyers-Milias-Brown Act of the State of California and the
provisions of the Employer -Employee Relations Resolution No. 2001-50,
the City acknowledges that NBPA is the majority representative for the
purpose of meeting and conferring regarding wages, hours and other terms
and conditions of employment for all employees in those classifications
specified in Exhibit "A" or as appropriately modified in accordance with the
Employer -Employee Relations Resolution. All other classifications and
positions not specifically included within Exhibit "A" are excluded from
representation by NBPA.
B. Term
Except as specifically provided otherwise, any ordinance, resolution
or action of the City Council necessary to implement this MOU shall
be considered effective as of April 1, 2018. This MOU shall remain
in full force and effect through June 30, 2021, and the provisions of
this MOU shall continue after the date of expiration of this MOU in
the event the parties are meeting and conferring on a successor
MOU.
NBPA MOU 2018-2021
2. The provisions of this MOU shall prevail over conflicting provisions
of the Newport Beach City Charter, the ordinances, resolutions and
policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived
by any collective bargaining agreement, or are, pursuant to
decisional or statutory law, superseded by the provisions of an
agreement similar to this MOU.
C. Release Time
1. NBPA members (as described in paragraph 2 below) shall be
allowed to participate in the following activities during scheduled
working hours without loss of pay ("Release Time"):
a. attendance at off-site meetings, conferences, seminars or
workshops related to matters within the scope of
representation. Employees must use the hours described in
C2(a) below for these purposes;
b. to prepare for scheduled meetings between the City and
NBPA during the meet and confer process.
C. i. to travel to, and attend scheduled meetings between
the City and NBPA during the meet and confer process.
ii. to travel to and attend scheduled grievance and
disciplinary hearings.
iii. to meet, for up to one hour, with their representative
prior to a hearing described in subsection C.c.ii above.
2. NBPA shall designate certain members as those members entitled
to release time. Designates must give reasonable advance notice
to, and obtain permission from, their supervisor prior to use of
release time, or, prior to adjusting work hours. Requests for release
time shall be granted by the supervisor unless there are specific
circumstances that require the designate to remain on duty.
Designates shall, to the maximum extent feasible, receive shift
assignments compatible with participation in the meet and confer
process.
a. The NBPA President shall be entitled to a maximum of 250
hours per calendar year for appropriate association related
business, excluding time required for the meet and confer
2
NBPA MOU 2018-2021
process. The NBPA President shall, at his/her discretion,
allocate Release Time to NBPA Board members or other
designates, to a maximum of 150 hours per year per
individual. In the event the 250 hours for the President or 150
hours for other NBPA designates are insufficient, the
President may submit a request to the Police Chief, with
justification, that additional hours be granted. In no event shall
the Association be granted more than a total of 500 hours per
year for all designates.
b. Any NBPA negotiating team member may request and shall
(subject to the approval process above) be granted flex work
hours on any scheduled work day during which the
negotiating team member is to attend a meet and confer
session. Employees may flex start/finish time up to two (2)
hours.
3. City grants NBPA members the right to engage in the activities
described in subsection 1(c)(i) at any time without any reduction to
City—provided Release Time or to any Release Time bank created
pursuant to subsection C.5.
4. City Grants NBPA 500 hours of Release Time per calendar year to
engage in the activities described in subsection C.1.a and 1.b. (City—
provided Release Time.) NBPA may carry over up to 300 hours of
City—provided Release Time into the ensuing calendar year.
5. In addition to City—provided Release Time and Release Time
provided pursuant to subsection C.3, NBPA members may
voluntarily contribute up to two hours of earned compensatory time
off ("CTO") to an NBPA Release Time Bank. Members may
contribute earned CTO only during the period from July 1 through
August 15 during any calendar year. However, members shall not
have the right to contribute CTO to the NBPA Release Time bank if
NBPA has accumulated more than 600 hours of total Release Time.
Contributions may be made only in hourly increments. Contributions
shall be on forms prepared by the City which shall then be submitted
to the appropriate department employee. City shall advise NBPA as
to the balance of hours in the Release Time Bank upon request. For
purposes of this subparagraph only, the term "compensatory time off
or CTO" includes accrued Flex leave.
6. There is no entitlement to release time for any matter not set forth
above.
3
D. Scope
NBPA MOU 2018-2021
All present written rules and current established practices and
employees' rights, privileges and benefits that are within the scope
of representation shall remain in full force and effect during the term
of this MOU unless specifically amended by the provisions of this
MOU.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non—exclusive managerial rights, powers, functions
and authorities ("Management Rights") as set forth in Resolution No.
2001-50. Management Rights include, but are not limited to, the
following.
a. the determination of the purposes and functions of the Police
Department;
b. the establishment of standards of service;
C. to assign work to employees as deemed appropriate;
d. the direction and supervision of its employees;
e. the discipline of employees;
the power to relieve employees from duty for lack of work or
other legitimate reasons;
g. to maintain the efficiency of operations;
h. to determine the methods, means and personnel by which
Police Department operations are to be conducted;
the right to take all necessary actions to fulfill the
Department's responsibilities in the event of an emergency;
the exercise of complete control and discretion over the
manner of organization, and the appropriate technology, best
suited to the performance of departmental functions.
The practical consequences of a Management Rights decision on
wages, hours, and other terms and conditions of employment shall
be subject to the grievance procedures.
0
NBPA MOU 2018-2021
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the term of this MOU, neither party shall
be compelled, and each party expressly waives its rights to request the
other to meet and confer concerning any issue relating primarily to matters
within the scope of representation, except as expressly provided herein or
by mutual agreement of the parties. No representative of either party has
the authority to make, and none of the parties shall be bound by, any
statement, representation or agreement which is not embodied in this MOU.
Subject to the paragraph above, this section shall not. be construed to
prevent the Newport Beach Police Department from giving notice to the
Association and affording the Association the opportunity to meet and
confer on the impact of policy changes or the exercise of management
rights. However, the terms of this MOU may not be modified through the
impact negotiations process; except by mutual agreement.
F. Modifications
Any agreement, alteration, understanding, variation, or waiver or
modification of any of the terms or provisions of this MOU shall not be
binding upon the parties unless contained in a written document executed
by authorized representatives of the parties.
G. Bulletin Boards
Space shall be provided on bulletin boards within the Police Department at
their present location for the posting of notices and bulletins relating to
NBPA business, meetings, or events. All materials posted on bulletins
boards by the NBPA shall indicate that the NBPA posted it. Material posted
shall not contain personal attacks on any City official or employee, any
material which constitutes harassment, discrimination or retaliation on the
basis of any protected class under the law or other statutorily or
constitutionally impermissible basis, or any pornographic or obscene
material.
H. No Strike
The parties recognize their mutual responsibility to provide the citizens of
Newport Beach with uninterrupted municipal services and, therefore, the
parties agree not to conduct concerted strike, work slowdown, sick out,
withholding of services, or lockout activities.
5
NBPA MOU 2018-2021
Savings
If any provision of this MOU shall be held invalid by any court of competent
jurisdiction, or if compliance with or enforcement of any provision shall be
restrained by court action, or other established governmental administrative
tribunal, the remainder of this MOU shall not be affected, and the parties
shall replace such invalidated provision with another of similar or equal
value through the negotiations process.
Impasse
In the event of an impasse (the failure to agree on a new MOU after the
express term of the existing MOU has expired), the parties may agree on
mediation pursuant to the procedure outlined in Section 16 of Resolution
No. 2001-50.
SECTION 2. —Compensation
A. Salary Adiustments
1. Effective the first day of the pay period which includes April 1, 2018 (which
is March 31, 2018), there shall be a base salary increase of two percent
(2.0%) for the sworn classification of Police Officer.
2. Effective the first day of the pay period which includes April 1, 2018 (which
is March 31, 2018), there shall be a base salary increase of ninety-two one
hundredths of one percent (.92%) for non -sworn classifications (all other
classifications represented by the Association other than Police Officer).
3. Effective the first day of the pay period which includes April 1, 2019, there
shall be a base salary increase of two percent (2.0%) for all classifications
in the bargaining unit.
4. Effective the first day of the pay period which includes April 1, 2020, there
shall be a base salary increase of two percent (2.0%) for all classifications
in the bargaining unit.
B. Salary Schedule for the Classification of Police Officer
Effective on the first day of the pay period following City Council approval
of this MOU, or as soon thereafter as reasonably practicable, the salary
schedule for the classification of Police Officer will be expanded from nine
(9) steps to eleven (11) steps and the following will be implemented:
n.
NBPA MOU 2018-2021
1. All employees who were previously identified as a Master Officer
IV will be placed at Step 11 of the salary schedule.
2. All employees who were previously identified as a Master Officer
III will be placed at Step 10 of the salary schedule.
3. Step 7 of the salary schedule will be ten percent (10%) higher
than step 6.
4. All steps above and below step 7 (Steps 1 through 6 and 8
through 11) will be five percent (5%) higher than the previous
step.
5. Employees are eligible to move between steps 2 and 9 annually.
6. Employees are eligible to move from step 9 to 10 after being at
step 9 with the City of Newport Beach for three (3) years.
7. Employees are eligible to move from step 10 to 11 after being at
step 10 with the City of Newport Beach for five (5) years.
C. Advanced POST Certification For Police Officers
Effective on the first day of the pay period following City Council approval of this
MOU or as soon thereafter as reasonably practicable, Police Officers shall receive
five and one quarter percent (5.25%) of base salary (paid in each pay period) upon
earning an Advanced POST Certificate. When an employee qualifies for and has
applied for an Advanced POST Certificate for the first time after the first day of the
pay period following City Council approval of this MOU, he/she shall provide the
City's Human Resources Department with proof that he/she has submitted his/her
application to POST for his/her Advanced POST Certification and will then be
eligible for this pay on the first day of the next pay period. If POST correctly denies
the application for the Certification the employee will be responsible for
reimbursing the City for any payments previously received (over the same period
the payments were made).
The parties agree that to the extent permitted by law, the education pay in this
section is special compensation and shall be reported to CalPERS as such
pursuant to Title 2 CCR, Section 571(a)(2) Peace Officer Standards and Training
(POST) Certificate Pay.
D. Dispatch/Records Skills Incentive Pa
Effective in the pay period including April 1, 2018, full time non -sworn employees
who are consistently and routinely assigned to the Police Communications or
Police Records Divisions shall receive two percent (2.0%) of base salary (paid in
each pay period) upon receipt of one or more of the following certifications: POST
Public Safety Dispatcher Advanced, POST Public Safety Dispatcher Supervisory
or POST Records Supervisor. Unit members who possess more than one of these
certifications shall only be paid for one of them. As such, the maximum an
employee can be paid under this section is two percent (2%).
7
NBPA MOU 2018-2021
When an employee receives one of these certificates for the first time after the first
day of the pay period following City Council approval of this MOU, he/she shall
provide the City with a copy of the certificate and will then be eligible for this pay
on the first day of the pay period following the provision of the certificate by the
employee to the Human Resources Department.
E. Longevity Pay for Full Time Non -Sworn Employees
Effective on the first day of the pay period following City Council approval of this
MOU or as soon thereafter as reasonably practicable, full-time, non -sworn
employees in the unit (all classifications in the unit except Police Officer) shall
receive longevity pay as follows:
1. For Employees Hired as Full -Time Employees Prior to the City Council's
Approval of this MOU:
8-11 years of City of Newport Beach Service 2.0%
12-14 years of City of Newport Beach Service 2.5%
15-24 years of City of Newport Beach Service 3.0%
25 years or more of City of Newport Beach Service 3.5%
2. For Employees Hired as Full -Time Employees After the City Council's
Approval of this MOU:
15-19 years of City of Newport Beach Service 1.0%
20-24 years of City of Newport Beach Service 1.5%
25-29 years of City of Newport Beach Service 2.0%
30 years or more of City of Newport Beach Service 2.5%
The years of service provisions in this section are for years of full-time service.
Part-time service does not count toward the years of service provisions.
The parties agree that to the extent permitted by law, the longevity pay in
this section is special compensation and shall be reported to CaIRERS as
such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay.
F. Meal Period/Code Seven Time
Employees in the Unit receive a paid meal period (aka "Code Seven" time).
By being paid for a meal period, each employee in the unit must be available
to respond to any work-related request, emergency or call for service during
his/her meal period.
NBPA MOU 2018-2021
G. Overtime
1. Employees shall be entitled to overtime compensation at the rate of time
and one half the regular rate of pay for hours worked in excess of their
regularly scheduled shift. Paid time off shall be considered time worked
for overtime calculation purposes.
2. The rate at which MOU overtime (overtime described above that is not
mandated by the FLSA) does not include any contributions to the City's
Cafeteria Plan as set forth in Section 4 — Fringe Benefits of the MOU.
Employees in the unit must affirmatively account for their time by specifically
accounting for each days' work with the specific number of hours worked,
including the use of appropriate payroll codes for leave, overtime and other
purposes.
3. Overtime compensation shall be in the form of compensatory time
off or pay at the election of the employee. Maximum compensatory
time accrual shall be 120 hours. All overtime worked for employees
at the CTO maximum shall be paid.
4. An employee wishing to use his/her accrued compensatory time off
shall provide the City with reasonable notice. Reasonable notice is
defined as at least two (2) weeks. If reasonable notice is provided,
the employee's request may not be denied unless it is unduly
disruptive to the department to grant the request. A request to use
compensatory time off without reasonable notice may still be granted
within the discretion of the supervisor or manager responsible for
considering the request.4. The Police Department has the discretion
to schedule any of its employees to work a regular work day on July
4th, regardless of the day of the week or job assignment. This may
include modifying work schedules and/or days off according to
deployment needs. Unit employees who actually work July 4th will
be compensated at their regular hourly rate, plus premium pay equal
to 1/2 of the hours actually worked on that day. Employees will be
provided their regular number of days off for the month of July
(unless otherwise scheduled on an overtime basis), which will be
selected/assigned according to the normal practices of their
particular work unit. Should the employees work an additional shift in
subsequent leap years, compensation shall be paid at the
appropriate rate of overtime pay.
5. The City and NBPA jointly petitioned the NLRB and were granted a
7(b) exemption of the Fair Labor Standards Act to allow for use of the
overtime standards as set forth in this section. The exemption allows
continued use of the Department's alternative/semi-flexible schedule.
9
NBPA MOU 2018-2021
The 7(b) exemption applies to those classifications in the unit who do
not qualify under Section 7(k) of the FLSA.
6. The Section 7(k) partial overtime exemption: Effective upon City
Council approval of this MOU, all employees in the unit engaged in
law enforcement activities — Police Officer, Police Recruit and
Custody Officer are subject to the 28 -day FLSA work period provided
for pursuant to Section 7(k) of the Fair Labor Standards Act.
H. Overtime Compensation - Court
Compensation - Employees shall receive either compensatory time
(subject to the maximum accrual of 120 hours addressed in
subsection G above) or paid time at their discretion.
2. On -Call - Off-duty employees on call for court who have not been
cancelled prior to the scheduled standby time shall, whether
extended or not, be compensated at a rate equal to the actual
standby time, with a minimum of one (1) hour paid at time and one-
half the employee's regular rate of pay.
3. Appearance - Off-duty employees who are required to appear in
court shall be compensated for the actual time involved with a
minimum of four (4) hours paid at time and one-half the employee's
regular rate of pay. This minimum four (4) hour payment assumes
that the time the employee who is required to appear in court is
outside his/her regular work hours. If the time the employee is in
court overlaps any part of the employee's regular work hours, the
employee will receive his/her regular pay plus any additional
overtime compensation (at time and one half) for hours which fell
outside regular work hours. Employees appearing in court after
being on call the same day shall be compensated from the time listed
on the subpoena until released by the court.
Compensation for hours worked begins when the employee starts
driving to court. However, when the employee is called on the same
day and directed to leave his/her location to come to court,
compensation for hours worked begins when the employee receives
the call. Compensation for hours worked ends when the employee
has completed the time in court.
4. Cancellation — Off-duty employees whose court appearance is
cancelled with less than 12 hours' notice shall receive a payment for
one hour at the employee's regular rate of pay.
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NBPA MOU 2018-2021
Education Retention Incentive Program — Non Sworn
The City has instituted the Education Retention Incentive Program to retain
experienced, well-educated non -sworn employees. Employees shall be
eligible for payment for education beyond minimum qualifications as
follows:
1. For Employees Hired as a Full -Time Non -Sworn Employee in the
Bargaining Unit Prior to the City Council's Approval of this MOU:
30 units or more of college credit 0.5%
AA Degree or 60+ units of college credit 1.5%
Bachelor's Degree 2.0%
Master's Degree, JD or Ph.D 2.5%
2. For Employees Hired as a Full -Time Non -Sworn Employee in the
Bargaining Unit After the City Council's Approval of this MOU:
AA Degree or 60+ units of college credit 0.5%
Bachelor's Degree 1.5%
Master's Degree JD or Ph.D 2.5%
Amounts above are not cumulative. For example, if an employee with a
Bachelor's Degree who is receiving two percent (2%) earns a Master's
Degree, he/she shall earn a total of two and one half percent (2.5%), not an
additional two percent (2.0%) for the Bachelor's Degree. Non -sworn NBPA
members may apply for increases pursuant to this Section when eligible.
The pay shall be included in the member's paycheck for the pay period
immediately after approval by the Chief of Police. It is the responsibility of
the employee to apply for incentive pay per this program. Approval of the
member's application shall not be unreasonably withheld or delayed, and
the member shall not be entitled to receive the pay prior to the date the
application is approved, even though the member may have been eligible
prior to approval.
The parties agree that to the extent permitted by law, the education pay in
this section is special compensation and shall be reported to CaIPERS as
such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay.
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NBPA MOU 2018-2021
J. Scholastic Achievement Pay - Sworn
Sworn NBPA members are entitled to additional compensation contingent
upon scholastic achievement ("Scholastic Achievement Pay"). Sworn
NBPA members may apply for increases pursuant to this Section when
eligible and scholastic achievement pay shall be included in the member's
paycheck for the pay period immediately after approval by the Chief of
Police. It is the responsibility of the NBPA member to apply for Scholastic
Achievement Pay. Approval of the member's application shall not be
unreasonably withheld or delayed, and the member shall not be entitled to
receive scholastic achievement pay prior to the date the application is
approved, even though the member may have been eligible prior to
approval. Scholastic achievement pay is contingent upon the number of
units and/or degrees received by the employee.
For persons hired on or after June 26, 2012 a "degree". shall be defined as
a degree awarded by an institution accredited by the State of California, the
United States Department of Education, the Council for Higher Education,
or the Distance Education Training Council. Eligibility to receive
compensation shall be conditioned upon a determination by the appointing
authority that the major in which a degree is earned and/or a substantial
number of earned units which will qualify the individual for a degree, are in
a field or protocol reasonably likely to enhance the employee's job
performance.
The Plan consists of levels which reflect multipliers of the base monthly
salary. Qualifying units and/or degrees must be awarded by accredited
community colleges, state colleges or universities. Amounts are not
cumulative. The following is a schedule of monthly payments pursuant to
the Scholastic Achievement Program:
For employees hired as a full time sworn employee before July 1, 2012
scholastic achievement pay is:
30 Units
60 Units
90 Units
BA/BS
MA/MS/JD
1%
2%
3%
5.5%
7.5%
Any unit members hired on and after July 1, 2012 shall be ineligible for any
scholastic pay based upon having obtained units only. Such employees are
eligible for Scholastic Achievement Pay as follows:
BA/BS MA/MS/JD
5.5% 7.5%
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NBPA MOU 2018-2021
The above referenced Scholastic Achviement Pay becomes effective on the
first day of the pay period following City Council approval of this MOU or as
soon thereafter as reasonably practicable. Prior to that date, the benefit in
effect was what was in the parties' prior MOU.
If an employee with a Bachelor's Degree who is receiving five and one half
percent (5.5%) earns a Master's Degree or Juris Doctorate, he/she shall
earn a total of 7.5% and one half percent (7.5%), not an additional five and
one half percent (5.5%) for the Bachelor's Degree.
The parties agree that to the extent permitted by law, the Scholastic
Achievement pay in this section is special compensation and shall be
reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(2)
Educational Incentive Pay.
K. Non -sworn Personnel Shift Differential
The night shift differential pay for non -sworn personnel shall be $1.50 per
hour between the hours of 6 p.m. and 6 a.m.
The parties agree that to the extent permitted by law, the shift differential
pay in this section is special compensation and shall be reported to
CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Shift
Differential Pay.
L. Training Pay
Police Officers assigned to Field Training Officer duties for either Regular
or Reserve officers and Civilian Employees assigned to training duties for
new employees are entitled to receive compensation for these extra duties.
To be eligible for compensation, the employee shall have completed a 40 -
hour FTO course and shall be required to complete a Daily Evaluation
Report for each shift worked with a trainee. Employees assigned full
training responsibilities who have not completed the FTO course shall be
eligible for compensation pending course completion. Employees will be
compensated for each shift worked as an FTO with a trainee at the rate of
1.5 straight time hours (i.e., base pay) per shift. If an employee works for
less than a shift as a FTO, he/she will receive a pro -rated amount (of 1.5
straight time hours) for the hours worked as a FTO.
The parties agree that to the extent permitted by law, the Training Pay in
this section is special compensation and shall be reported to CaIPERS as
such pursuant to Title 2 CCR, Section 571(a)(4) Training Premium.
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M. Motor Officer Pay
On -Duty Pay For Motor Officers:
Employees assigned as Motor Officers who routinely and consistently patrol
the City on a motorcycle shall receive six hours of straight time
compensation paid at time and one half (1.5) per month for the on -duty
responsibilities of being assigned as a Motor Officer. The parties agree that
to the extent permitted by law, this Motor Officer pay is special
compensation and shall be reported to CalPERS as such pursuant to Title
2 CCR, Section 571(a)(4) Motorcycle Patrol Premium.
2. Off-duty Pay for Motor Officers:
Employees assigned to work as Motor Officers who maintain and service
their motorcycle off-duty are entitled to compensation for such off-duty
activities. The parties acknowledge that the Fair Labor Standards Act
(FLSA), which governs the entitlement to compensation for off-duty
motorcycle duties, entitles the parties to agree to a reasonable number of
hours per month for the performance of such duties. The FLSA also allows
the parties hereto to agree on appropriate compensation for the
performance of such off-duty motorcycle duties. It is the intent of the parties
through the provisions of this Subsection (J) to fully comply with the
requirements of the FLSA and that such provisions do comply with the
FLSA.
Employees assigned to work as Motor Officers shall receive an additional
four (4) hours per month paid at $15.00 per hour at time and one half (1.5).
This pay is in recognition of the off-duty responsibilities of being a Motor
Officer, i.e., for maintaining and servicing the motorcycle. This pay for off-
duty responsibilities shall not be reported to CalPERS as special
compensation. Employees assigned to work as Motor Officers who are
required to perform extraordinary off-duty motorcycle care (in rare
instances) which causes a substantial increase in the normal off-duty hours
worked for that month, shall submit a written request to the Police Chief or
the Chief's assigned designee for additional compensation for the hours
spent performing such work. This pay for extraordinary off-duty motorcycle
care shall not be reported to CalPERS as special compensation.
N. Canine Officer Pay:
On -Duty Pay For Canine Officers:
Employees assigned as Canine Officers shall receive fifteen (15) hours per
month paid at their regular hourly rate of pay for the on -duty responsibilities
of being assigned as a Canine Officer. The parties agree that to the extent
permitted by law, this Canine Officer pay is special compensation and shall
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NBPA MOU 2018-2021
be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4)
Canine Officer/Animal Premium.
2. Off-duty Pay for Canine Officers:
Employees assigned to work as Canine Officers who routinely and
consistently handle, train, and board the canines off-duty are entitled to
compensation for such off-duty activities. The parties acknowledge that the
Fair Labor Standards Act (FLSA), which governs the entitlement to
compensation for off-duty canine duties, entitles the parties to agree to a
reasonable number of hours per month for the performance of such duties.
The FLSA also allows the parties hereto to agree on appropriate
compensation for the performance of such off-duty canine duties. It is the
intent of the parties through the provisions of this Subsection (K) to fully
comply with the requirements of the FLSA and that such provisions do
comply with the FLSA.
Employees assigned to work as Canine Officers shall receive compensation
of fifteen (15) hours a month per month paid at $15.00 per hour at time and
one half (1.5) for off-duty canine duties. This pay is for the off-duty
responsibilities of Canine Officers. This pay for off-duty responsibilities shall
not be reported to CalPERS as special compensation.
Employees assigned to work as Canine Officers who are required to
perform extraordinary off-duty canine care, such as a veterinary emergency
or other rare occurrence, which causes a substantial increase in the normal
off-duty hours worked for that month, shall submit a written request to the
Police Chief or the Chief's assigned designee for additional compensation
for the hours spent performing such work. This pay for extraordinary off-
duty canine care shall not be reported to CalPERS as special
compensation.
O. Matron Pay
Any female non -sworn employees assigned matron duties (i.e., monitoring
the intake of female prisoners) shall receive an additional one and one-half
(1'/2) hours at the base rate of pay for each shift matron duties are
performed.
P. Minimum Call Back
The following shall determine the type of compensation for the overtime
worked:
a. Call Out - off duty personnel called out for a special assignment (two
hour minimum).
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NBPA MOU 2018-2021
b. Call back shall be paid only for hours not contiguous to the
employee's regular work schedule when they are required to
physically return to work. The minimum two (2) hour payment
assumes that the time the employee who is called back occurs
outside his/her regular work hours. If the time the employee is called
back overlaps any part of the employee's regular work hours, the
employee will receive his/her regular pay plus any additional time (at
time and one half) for hours which fall outside regular work hours.
Q. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive Two
Hundred ($200.00) Dollars per month (paid each pay period) in bilingual
pay. The existing certification process will confirm that employees are fluent
at the street conversational level in speaking, reading and writing Spanish.
Employees certified shall receive bilingual pay the first full pay period
following certification.
Additional languages may be certified for compensation pursuant to this
section by the Chief of Police.
The parties agree that to the extent permitted by law, the Bilingual pay in
this section is special compensation and shall be reported to CalPERS as
such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.
R. Certification Pav
Unit employees in Mechanic classification shall be eligible for annual
certification pay as follows:
Smog License - $250.00
2. Fire Mechanic State Level I - $100.00
3. Fire Mechanic State Level II - $200.00
4. ASE Certification - $25.00 per certification up to a maximum of eight
(8) and $100.00 for possessing a current ASE Master Truck
Technician and $100.00 for possessing a current ASE Master
Automobile Technician certification.
5. Commercial Driver's License, Class A - $100.00
6. Commercial Driver's License, Class B - $75.00
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NBPA MOU 2018-2021
The parties agree that to the extent permitted by law, these first four
certification pays in this section are special compensation and shall be
reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(2)
Mechanical Premium.
S. Uniform Allowance.
The City reports to PERS a uniform allowance amount of $1,100 per year
for sworn officers; $118.56 per year for non -sworn personnel, subject to the
provisions and limitations under the Public Employees' Retirement Law,
including restrictions on reporting uniform allowance as pensionable
compensation for "non -classic" members hired after January 1, 2013.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the
City shall report to the California Public Employees' Retirement System
(CalPERS) the uniform allowance for each sworn and civilian classification
as special compensation in accordance with Title 2, California Code of
Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for
"new members" as defined by the Public Employees' Pension Reform Act
of 2013, the uniform allowance will not be reported as pensionable
compensation to CalPERS.
SECTION 3. —Leaves
A. Flex Leave
NBPA members shall accrue (prospectively) flex leave based on the
greater of their total continuous years of full-time service with the City
of Newport Beach, or for Police Officers, their total full-time
employment as a sworn law enforcement officer, including up to a
maximum of six months time employed as a police recruit or similar
classification in a police training academy.
The Flex Leave accrual rate shall be:
Years of Hours Accrued Hours Maximum
Continuous Per Pay Period Accrued Balance
Service Annually (total hours)
Less than 5
6.31
164.06
441.70
5 but less than 9
6.92
179.92
484.40
9 but less than 12
7.54
196.04
527.80
12 but less than 16
8.16
212.16
571.20
17
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NBPA MOU 2018-2021
16 but less than 20
8.77
228.02
613.90
20 but less than 25
9.38
243.88
656.60
25 and over
10.00
260.00
700.00
The Flex leave program shall be administered as follows:
a. NBPA members shall accrue three months (i.e., 41.02 hours)
of flex leave (as provided in the chart in paragraph Al above)
immediately upon completion of three (3) months continuous
employment with the Newport Beach Police Department,
provided however, this amount shall be reduced by any flex
leave time advanced during the first three months of
employment.
b. Members employed by the City prior to initiation of the flex
leave program have had then current accrued vacation time
converted to flex leave on an hour for hour basis with then
current sick leave placed in a bank to be used as provided in
Section 11.2 of the City of Newport Beach Employee Policy
Manual. Members entitled to use sick leave pursuant to
Section 11.2A of the Employee Policy Manual must notify
appropriate department personnel of their intention to access
the sick leave bank and, in the absence of notification,
absences will be charged to the member's flex leave account.
Members who wish to convert an absence from flex leave to
sick leave must submit a written request to the Chief of Police
within twenty (20) days after the absence (20 days from the
last absence in the event the member was continuously
absent for more than one day) specifying the nature of the
illness and the person notified of the intent to use sick leave,
or the reasons for the failure to notify appropriate department
personnel. The Chief of Police shall grant the request for
conversion if the member submits a written statement signed
by his or her attending physician confirming the illness and the
Police Chief determines that the member's failure to notify
appropriate departmental personnel was reasonable under
the circumstances.
C. NBPA members first hired by the City prior to September 1,
1997, shall be paid for all flex leave that accrues in excess of
the flex leave accrual threshold (Flex Leave Spillover Pay).
Flex Leave Spillover Pay will be paid at the member's regular
hourly rate of pay. Effective during the first pay period of
January, 1998, NBPA members who have not utilized at least
80 hours of flex leave during the prior calendar year shall not
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NBPA MOU 2018-2021
accrue flex leave in excess of the Flex Leave Accrual
Threshold and shall not be entitled to Flex Leave Spillover
Pay.
d. NBPA members first hired, or rehired by the City subsequent
to September 1, 1997, shall not be eligible for Flex Leave
Spillover Pay and shall not be entitled to accrue flex leave in
excess of the Flex Leave Accrual Threshold.
e. All requests for scheduled flex leave shall be submitted to
appropriate department personnel. Flex leave may be
granted on an hourly basis. In no event shall a member take
or request flex leave in excess of the amount accrued.
f. Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the employment
relationship.
g. Should approved leave be canceled due to the needs of the
City, a reasonable extension of time (up to 90 days) will be
granted for employees to reschedule the leave without the
loss of spillover or leave accrual.
h. Employees who are regularly assigned to work 2088 hours
per year because they are regularly assigned to work one
hundred 174 twelve (12) hour shifts per year shall be credited
with two hours paid leave per quarter worked on the 12 -hour
schedule.
B. Holiday Time
NBPA members shall accrue holiday time at the rate of 96 hours per fiscal
year (July 1 through June 30), and at the rate of 3.7 hours per pay period.
Option 1 (Default): Unless otherwise irrevocably elected by the employee,
holiday compensation shall be paid in cash along with the employee's
regular bi-weekly check. The parties agree, to the extent permitted by law,
the compensation in this section is special compensation for those
employees who are normally required to work on an approved holiday
because they work in positions that require scheduled staffing without
regard to holidays and shall be reported as such pursuant to Title 2 CCR,
Section 571(a)(5) Holiday Pay.
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NBPA MOU 2018-2021
Option 2: Within 60 days of NBPA membership, NBPA members may
irrevocably elect to have all or any portion of the 3.7 hours of accrued
holiday compensation added to the member's flex leave bank on a bi-
weekly basis in lieu of a cash payment. Once holiday time is accrued to the
member's flex leave bank, all rules and opportunities concerning the flex
leave program (described elsewhere in this MOU and in the Employee
Policy Manual) will apply (e.g. usage, maximum balance, spillover, periodic
payout, etc.). Pay for any time taken from the flex leave bank, and any
spillover pay or other payout for flex leave, will not be reported to PERS as
special compensation.
C. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty
by employee because of the death or terminal illness in his/her immediate
family. NBPA members shall be entitled to forty (40) hours of bereavement
leave per incident (terminal illness followed by death is considered one
incident). Leave hours need not be used consecutively, but should occur in
proximate time to the occurrence. Immediate family shall mean an
employee's father, stepfather, mother, stepmother, brother, sister,
spouse/domestic partner, child, stepchild and grandparent, and the
employee's spouse/domestic partner's father, mother, brother, sister, child
and grandparent. An employee requesting bereavement leave shall notify
his/her supervisor as soon as possible of the need to take leave.
D. Leave Sellback
Employees shall have the option of converting accrued Flex Leave to cash
on an hour for hour basis subject to the following: On or before the pay
period which includes December 15 of each calendar year, an employee
may make an irrevocable election to cash out accrued flex leave which will
be earned in the following calendar year. The employee can elect to
receive the cash out in the pay period which includes June 30 and/or the
pay period which includes December 15 for those Flex Leave benefits that
have been earned during that portion of the yearin no event shall the flex
leave balance be reduced below one hundred and sixty (160) hours. On or
before December 31, 2018, each employee shall have the one-time option
of cashing out all or a portion of Flex Leave benefits credited to his/her
account as of that date. However, in no event shall the flex leave balance
be reduced below one hundred and sixty (160) hours when the leave is
cashed out.
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NBPA MOU 2018-2021
Workers' Compensation Leave
Sworn Members
Any NBPA member who is a sworn peace officer and incapacitated
by reason of any injury or illness which has been determined to have
arisen out of or in the course of his or her employment shall receive
compensation in accordance with the provisions of Section 4850 et.
seq. of the Labor Code of the State of California.
2. Non—sworn Members
Any employee incapacitated by reason of any injury or illness which
has been determined to have arisen out of or in the course of his or
her employment shall receive, in addition to temporary disability
compensation pursuant to the laws of the State of California, an
additional sum which, when added to temporary disability payments,
provides the injured employee with regular compensation. Regular
compensation is defined as the salary for the position and step
occupied by the employee on the date of the job—related illness or
injury. Payment shall commence with the first day of approved
absence and end with the termination of temporary disability, or the
expiration of six (6) months, whichever occurs first.
Scheduling of Medical Treatment for Industrial Injuries
Time spent by an employee receiving medical attention during the
employee's normal working hours is considered hours worked and
compensable, when the City or its representative schedules the
appointment.
When an employee is temporarily disabled due to an industrial injury, and
is unable to perform even limited duty in the workplace, all appointments,
whether arranged by the City or the employees, shall be considered as
occurring during normal working hours. The employee shall not be entitled
to any additional compensation, regardless of the employee's regular work
schedule or the type of compensation currently received, except as
otherwise required by law.
When an employee has been released to either full or limited duty and has
returned to the workplace, time spent receiving ongoing medical treatment,
such as physical therapy or follow-up visits that are not scheduled by the
City, is not considered hours worked and therefore, is not compensable. To
avoid disruption in the workplace, an employee shall schedule such
appointments to occur during off duty hours whenever possible. In the event
such scheduling is not available, employee may be allowed to attend an
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NBPA MOU 2018-2021
appointment during their regularly scheduled duty shift with prior
supervisory approval. Regular recurring appointments (i.e., weekly
physical therapy) must be scheduled off duty.
G. Non -Accruing Leave Bank
Effective July 1, 2018, employees in the classification of Police Officer
employed in the unit, shall receive a bank of forty-one and one quarter
(41.25) hours of non -accruing leave to use within that fiscal year. Effective
July 1, 2019 and on July 1 of each year thereafter, employees in the
classification of Police Officer employed in the unit, shall receive a bank of
thirty-three (33) hours of non -accruing leave to use within that fiscal year.
The hours have no cash value and cannot be transferred to any other leave
bank. Hours used are subject to supervisory approval and must be used
within that fiscal year or be forfeited. Non -accruing leave cannot be carried
into the next fiscal year.
SECTION 4. — Fringe Benefits
A. Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC)
composed of one representative from each employee association
group and up to three City representatives. The Benefits Information
Committee has been established to allow the City to present data
regarding carrier and coverage options, the cost of those options,
appropriate coverage levels and other health programs. The
purpose of the BIC is to provide each employee association with
information about health insurance/programs and to receive timely
input from associations regarding preferred coverage options and
levels of coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. In
addition to the amounts listed below, the City shall contribute the
minimum CalPERS participating employer's contribution towards
medical insurance. Employees shall have the option of allocating
Cafeteria Plan contributions towards the City's existing medical,
dental and vision insurance/programs.
Any unused Cafeteria Plan funds shall be payable to the employee
as taxable cash back. Employees shall be allowed to change
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NBPA MOU 2018-2021
coverages in accordance with plan rules and during regular open
enrollment periods.
The City's monthly contribution towards the Cafeteria Plan is
$1,524.00 (plus the minimum CalPERS participating employer
contribution as outlined in Government Code §22892.)
NBPA members who do not want to enroll in any medical plan offered
by the City must provide evidence of group medical insurance
coverage, and execute an "opt -out" agreement releasing the City
from any responsibility or liability to provide medical insurance
coverage on an annual basis.
Employees electing to opt out of medical coverage offered by the
City because they have provided proof of minimum essential
coverage ("MEC") through another source (other than coverage in
the individual market, whether or not obtained through Covered
California) will receive a maximum cafeteria allowance of $1,000.00
per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part
of the City's health plan offerings as agreed upon by the Benefits
Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part
of the City's health plan offerings as agreed upon by the Benefits
Information Committee.
B. Additional Insurance/Programs
IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee
to reduce taxable income for payment of allowable expenses such
as child care and medical expenses. The City shall maintain a
"reimbursable account program" in accordance with the provisions of
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NBPA MOU 2018-2021
Section 125 of the Internal Revenue Code, pursuant to which an
Association member may request that medical, child care and other
eligible expenses be paid or reimbursed by the City out of the
employee's account. The base salary of the employee will be
reduced by the amount designated by the employee for reimbursable
expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD)
disability insurance to all regular full time employees with the
following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall pay one percent (1%) of base salary as a pre-tax
deduction for this benefit.
Employees shall not be required to exhaust accrued paid leaves prior
to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid leave
once the waiting period has been exhausted.
3. Life Insurance
The City shall provide life insurance for all regular full-time
employees in $1,000 increments equal to one times the employee's
annual salary up to a maximum of $50,000. At age 70 the City -paid
life insurance is reduced by 50% of the pre -70 amount. This amount
remains in effect until the employee retires from City employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family members
may access the EAP subject to provider guidelines.
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NBPA MOU 2018-2021
D. The Retirement Benefit
Retirement Formula
The City contracts with the California Public Employees Retirement
System ("CaIPERS" or "PERS") to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated
reform, the City has implemented first, second and third tier
retirement benefits as follows:
Tier I ("Legacy"): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall
be 3%@50 and the retirement formula for non safety members shall
be 2.5%@ 55, calculated on the basis of the highest consecutive 12
month period selected by the employee.
Tier II ("Classic"): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January
1, 2013 and who are current members of the retirement system or a
reciprocal retirement system, as defined in Public Employees
Pension Reform Act (PEPRA), the retirement formula for safety
members shall be 3%@55 and the retirement formula for non safety
members shall be 2%@60, calculated on the basis of the highest
consecutive 36 month period selected by the employee.
Tier III ("PEPRA"): For employees first hired by the City on or after
January 1, 2013, and who do not meet the Tier II criteria, the safety
retirement formula shall be 2.7%@57 and the non safety retirement
formula shall be 2.0%@62, calculated on the basis of the highest
consecutive 36 month period selected by the employee.
2. Employee Contributions
Unit members shall contribute additional amounts toward the PERS
retirement benefit, to the extent permissible by law, as set forth
below. Should any such provision be deemed invalid, the City and
Association agree to meet for the purpose of renegotiating employee
retirement contributions or other equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be calculated on base pay, special
pays, and other pays normally reported as pensionable
compensation, and will be made on a pre-tax basis through payroll
deduction, to the extent allowable by the Internal Revenue Code
a. Safety
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NBPA MOU 2018-2021
Tiers I and II:
NBPA Tier I and Il safety members will contribute the full
statutory member contribution, equal to 9% of pensionable
compensation, plus an additional 4.6% of pensionable
compensation toward retirement costs as permitted under
Government Code §20516(f), for a total contribution of 13.6%
of pensionable compensation.
Tier III:
In addition to the statutorily required 50% contribution of total
normal costs ("member contribution rate" which in FY17-18 is
10.5% of pensionable compensation), Tier III employees shall
contribute 3.10% of pensionable compensation toward
retirement costs pursuant to Government Code § 20516(f), for
a total contribution of 13.6% of pensionable compensation. If
in future fiscal years member contribution rate for employees
in Tier III shall become greater or less than 10.5% of
pensionable compensation, as determined by PERS valuation,
the additional contribution made by the employee under
20516(f) will be increased or decreased accordingly so that the
total employee contribution equals 13.6% of pensionable
compensation.
b. Non Safety
Tier V
Tier I employees shall contribute eight percent (8%) of
pensionable compensation for the CalPERS member
contribution, an additional 2.42% of pensionable
compensation as cost sharing pursuant to Government Code
section 20516(a) and an additional 1.93% of pensionable
compensation as cost sharing pursuant to Government Code
§20516(f). Employees shall contribute a total of 12.35% of
pensionable compensation for retirement contributions.
Tier II:
Tier II employees shall contribute the statutory PERS Member
Contribution equal to 7.0% of pensionable compensation, plus
an additional 5.35% of pensionable compensation toward
retirement costs under Government Code § 20516(f), for a total
contribution of 12.35% of pensionable compensation.
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NBPA MOU 2018-2021
Tier III:
The minimum statutory employee contribution for employees
in Tier III, subject to the provisions of the Public Employees'
Pension Reform Act (PEPRA), equals 50% of the "total normal
cost", which currently is 5.5 % of pensionable compensation.
In addition to the statutorily required 50% contribution of total
normal costs, Tier III. employees shall contribute 6.85% of
pensionable compensation toward retirement pursuant to
Government Code § 20516(f), for a total of 12.35% of
pensionable compensation. If in future fiscal years themember
contribution rate for employees in Tier III shall become greater
or less than 5.5% of pensionable compensation, as determined
by PERS valuation, the additional contribution made by the
employee under 20516(f) will be increased or decreased
accordingly so that the total employee contribution equals
12.35% of pensionable compensation.
3. The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3
of the California Government Code and the highest year
benefit pursuant to Section 20042.
b. The Level 4 1959 Survivors Benefits.
C. The PERS pre -retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
E. Retiree Medical Benefit
Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new program
will be ongoing for an extended period. During the transition, employees
and (then) existing retirees have been administratively classified into one of
four categories. The benefit is structured differently for each of the
categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
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NBPA MOU 2018-2021
b. Category 2 - Active employees hired prior to January 1, 2005,
whose age plus years of service as of January 1, 2005 was
less than 50 (46 for public safety employees).
C. Category 3 - Active employees hired prior to January 1, 2005,
whose age plus years of service was 50 or greater (46 for
public safety employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City
prior to January 1, 2005, and were participating in the previous
retiree medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retirement Health Savings Plan (RHS).
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory
employee contributions or City paid employer contributions, so they
are not taxable to employees at the time of deposit. Earnings from
investment offunds in the account are not taxable when posted to
the account. Benefit payments are not taxable when withdrawn,
because the plan requires that all distributions be spent for specified
health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of
Salary.
Part B contributions (employer contributions): $2.50 per month for
each year of service plus year of age (updated every January 1St
based on status as of December 31 St of the prior year).
Part C contributions (leave settlement as determined by
Association):
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
employees within the Association must participate at the same level,
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NBPA MOU 2018-2021
except that safety members and non -safety members within an
Association may have different levels. The participation level should
be specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the
City, or cashing out leave at any other time, would have the cash
equivalent of 50% of the amount that is cashed out added to the
RHS, on a pre-tax basis. The remaining 50% would be paid in cash
as taxable income. Individual employees would not have the option
to deviate from this breakout.
The Association has decided to participate in Part C contributions at
the level of zero percent (0%) for Flex/Vacation Leave and zero
percent (0%) for Sick Leave. This amount may be changed, on a go
forward basis, as part of a future meet and confer process. However,
the participation level must be the same for all employees within the
Association except that safety members and non -safety members
within an Association may have different levels. Additionally, the
purpose and focus of these changes should be toward long-term,
trend type adjustments. Due to IRS restrictions regarding
"constructive receipt," the City will impose restrictions against
frequent spikes or drops that appear to be tailored toward satisfying
the desires of a group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21
of the Manual contains a schedule which specifies the amount of sick
leave that can be "cashed out," based on time of service. The
manual also caps the number of hours that can be "cashed out" at
800, and specifies that sick leave hours are "cashed out" on a 2 for
1 basis (800 hours of sick leave are converted to 400 hours for cash
purposes). Sick leave participation is a separate item from
vacation/flex leave participation, and thresholds must be separately
identified by the Association.
Part A contributions may be included in PERS compensation. Part
B and Part C contributions will not be included in PERS
compensation.
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NBPA MOU 2018-2021
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility
for Part B contributions is set at five years of vested City employment.
At that time, the City will credit the first five years' worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly.
Part C deposits, if any, will be made at the time of employment
separation.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account balance
is zero. This right is triggered upon separation. If an employee
leaves the City prior to five years' employment, only the Part A
contributions and Part C leave settlement contributions, if any, will
be in the RHS Employee Account. Such an employee will not be
entitled to any Part B contributions. The exception to this is a full-
time employee, participating in the program, who leaves the City due
to industrial disability during the first five years of employment. In
such cases, the employee will receive exactly five years' worth of
Part B contributions, using the employee's age and compensation at
the time of separation for calculation purposes. This amount will be
deposited into the employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained
in IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care
insurance, and miscellaneous medical expenses not covered by
insurance for the employee and his or her spouse and legal
dependents — again only as permitted by IRS Publication 502.
Qualification for dependency status will be determined by guidelines
in IRC 152. If used for these purposes, distributions from the RHS
accounts will not be taxable. Cash withdrawal for any other purpose
is prohibited. Under recent IRS Revenue Ruling 2005-24, any
balance remaining in the Employee Account after the death of the
employee and his or her spouse and/or other authorized dependents
(if any) must be forfeited. That particular RHS Employee Account
will be closed, and any remaining funds will become general assets
of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CalPERS participating
employer's contribution towards medical insurance after retirement.
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NBPA MOU 2018-2021
The parties also agree that, for retirees selecting a CalPERS medical
plan, or any other plan with a similar employer contribution
requirement, the required City contribution will be withdrawn from the
retiree's RHS account.
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates
to $100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City
and at the time of retirement. No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with
the City prior to implementation of the new program will only receive
Part B contributions back to January 1, 2006 when they reach five
years' total service.
C. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their
RHS accounts after they retire from the City, to continue as long as
the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for
the duration of their employment to partially offset part of this
expense to the City. The maximum benefit provided by the City after
retirement is $4,800.00 per year, accruing at the rate of $400.00 per
month. There is no cash out option for these funds, and they may
not be spent in advance of receipt.
Employees in this category will also receive an additional one-time
City contribution of $75 per month for every month they contributed
to the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the RHS
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very
similar to the previous retiree medical program, except that
31
NBPA MOU 2018-2021
there is no cost share requirement, and the $400 City
contribution after retirement can be used for any IRS
authorized purpose, not iust City insurance premiums.
Effective July 1, 2006, a RHS account has been opened for each
retiree in this category, and the City will contribute $400 per month
to each account as long as the retiree or spouse remains living.
For existing NBPA retirees in this category, the $400 was increased
to $450 effective July 1, 2006. The NBPA and Police Management
Association have agreed to reimburse the City for half of the cost of
this increase, on an ongoing basis. To that end, the City will invoice
NBPA at the end of each quarter for half the actual cost of this
increase during the previous three months.
3. Administration
Vendors have been selected by the City to administer the program.
The contract expense for program -wide administration by the vendor
will be paid by the City. However, specific vendor charges for
individual account transactions that vary according to the investment
actions taken by each employee, such as fees or commissions for
trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options
that will be available through the plan.
F. City Contribution to PORAC Retiree Medical Trust (RMT)
The City shall contribute $100.00 per month, per unit member to the
PORAC Retiree Medical Trust. At no time shall the City be liable for
administering the PORAC RMT, paying fees towards it, remedying or
covering any losses by it, or assuming any of the PORAC RMT's liabilities
or legal obligations. In the event the City is required to pay or withhold
payroll taxes on employee contributions, the parties shall immediately meet
and confer in good faith to attempt to implement equitable adjustments to
the contributions referenced herein. In the event the PORAC RMT ceases
to operate, the Association shall designate an alternate retiree medical
vehicle to which the City contribution shall be made, with said contribution
being conditioned upon there being no additional cost or administrative
burdens associated therewith.
32
NBPA MOU 2018-2021
G. Deferred Compensation
Each employee shall have a deferred compensation account set up by the
City and subject to the rules of IRS Code section 457 to which s/he may
make contributions. The City shall contribute to each employee's deferred
compensation account each pay period as follows:
1. Effective the first day of the pay period which includes April 1, 2018
(which is March 31, 2018), the City shall contribute one percent (1 %) of
base salary to each employee's deferred compensation account.
2. Effective the first day of the pay period which includes April 1, 2019, the
City shall contribute an additional one half of one percent (.5%) for a
total of one and one half percent (1.5%) of base salary to each
employee's deferred compensation account.
3. Effective the first day of the pay period which includes April 1, 2020, the
City shall contribute an additional one half of one percent (.5%) for a
total of two percent (2%) of base salary to each employee's deferred
compensation account.
Under federal law, there is an annual maximum contribution which may be made
to an employee's deferred compensation account. Although the City will be making
contributions to employees' accounts each pay period, it is the employees'
responsibility to track their total contribution amount. If an employee's account
contributions reach the annual maximum, the City will stop making contributions
for the remainder of the calendar year and will not owe the employee any additional
compensation related to this section.
H. Tuition Reimbursement
NBPA members attending accredited community colleges, colleges, trade
schools or universities may apply for reimbursement of one hundred percent
(100%) of the actual cost of tuition, books, fees or other student expenses
for approved job—related courses. The maximum tuition reimbursement for
all employees in the unit shall be $1,400 per fiscal year.
Physical Conditioning Equipment
City has acquired fitness equipment for use by members in maintaining
physical fitness. City shall budget $5,000.00 per each calendar year for the
maintenance, repair, improvement, or replacement of fitness equipment.
Any purchase of new equipment shall be subject to the concurrence of the
Department. All exercise facilities and equipment will be available to all
members of the department.
33
NBPA MOU 2018-2021
SECTION 5. —Miscellaneous Provisions
A. Reductions in Force/Lavoffs
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
services, a reduction in the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of seniority within a particular
Classification or Series and this Section should be interpreted accordingly.
Definitions
a. "Layoffs" or "Laid off' shall mean the non—disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a
Classification or Series calculated from the date on which the
employee was first granted permanent status in their current
Classification or any Classification within the Series, subject to the
following:
Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include time
spent on any other authorized or unauthorized leave of
absence.
C. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a Department
which require the performance of similar duties with the higher
ranking Classification(s) characterized by the need for less
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager shall
determine those Classifications which constitute a Series.
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NBPA MOU 2018-2021
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for which
the employee does not possess the minimum qualifications such as
specialized education, training or experience.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order of
seniority;
C. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking Classification
within a Series. An employee who has Bumping Rights shall notify
the Department Director within three (3) working days after notice of
layoff of his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or lists
from which they were appointed. In the event at least one of the
employees was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to layoff shall be given at least thirty (30) days advance
notice of the layoff or thirty (30) days' pay in lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave, holiday leave
(if any), and accumulated sick leave to the extent permitted by the
Employee Policy Manual.
4. Re—Employment
Permanent and probationary employees who are laid off shall be placed on
a Department re—employment list in reverse order of layoff. The laid off
former employee shall remain on the re-employment list for not to exceed
two (2) years from the date of layoff. In the event a vacant position occurs
in the Classification which the employee occupied at the time of layoff, or a
35
NBPA MOU 2018-2021
lower ranking Classification within a Series, the employee at the top of the
Department re—employment list shall have the right to appointment to the
position, provided, he or she reports to work within seven (7) days of written
notice of appointment. Notice shall be deemed given when personally
delivered to the employee or deposited in the U.S. Mail, certified, return
receipt requested, and addressed to the employee at his or her last known
address. Any employee shall have the right to refuse to be placed on the
re—employment list or the right to remove his or her name from the re—
employment list by sending written confirmation to the Human Resources
Director.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of layoff, receive
one-week severance pay for each year of continuous service with the City
of Newport Beach, but in no case to exceed ten (10) weeks of severance
compensation.
B. Work Schedules
Nothing contained herein is intended to abridge management's right to schedule
work to meet the Police Department's needs of providing services in an efficient
and safe manner. Management recognizes its obligations to meet and confer
before making any substantive changes to work schedules that impact an
employee's conditions of employment.
1. Substantive Work Schedule Modifications
Newport Beach Police Department currently has available a variety of work
schedules including 5/8, 3/12, 9/80, 4/10 and the 3/11.42/4/11.42schedule.
Except in the case of emergency, prior to moving any employee or group of
employees from one work schedule to another (for example from a 9/80 to
a 3/12 schedule), the Department shall notify, and upon request, meet and
confer with the Association in advance of any schedule change. If an
emergency prohibits meeting and conferring prior to the schedule change,
the Department shall meet and confer with the Association as soon as is
reasonably possible after the schedule change.
2. Non -Substantive Schedule Modifications
In the event of any non -substantive change to an employee's work schedule
(changes in starting times, days off, etc.), Management agrees to give as
much advance notice of said change as possible and to give reasonable
regard to the needs of the employees to make adjustments to their personal
schedules and commitments related to the change in work schedules.
36
NBPA MOU 2018-2021
3. Transfers
Transferring an employee to an assignment with a different work schedule
shall not be considered a change to modified work schedules and shall not
obligate Management to meet and confer over said change.
C. Senioritv
Definition and Policy
In order to clarify "seniority" practices, the parties agree to the following
definition and policy for "seniority" determinations. "Seniority" position
among members belonging to the same classification and determined prior
to the date of this Agreement shall not change, regardless of the method of
determination.
a. Unless otherwise specified, for purposes of employment practices
and vacation selection in which "seniority" is a consideration;
"seniority" is defined and determined as the period of time of
continuous full time employment within a classification.
b. Determination of seniority date upon promotion or demotion of full
time employees:
An employee promoted into any higher classification shall
obtain their seniority date based upon their date of promotion,
relative to others in the classification into which the employee
promotes.
An employee who voluntarily or involuntarily demotes into any
lower classification shall retain the oldest seniority date from
any prior full time classification from which they promoted or
to which they are re-classified.
C. Part time employees have no seniority rights, and any full time
employee who resigns their full time position and accepts a part time
appointment shall forfeit any seniority, even upon re -appointment to
a full time position.
d. Nothing in this definition is intended to affect any other employment
right or consideration that may be based upon total years of service,
initial appointment date, or any other date of hire or change in
employment status.
37
NBPA MOU 2018-2021
e. In the event there is a conflict between members of a classification
hired on the same day, seniority position shall be determined by
order of hire based upon issuance of Employee ID numbers.
For the class of Police Officer, seniority is determined based upon
the date of appointment as a Police Officer, not date of hire as a
Police Recruit.
2. Nothing contained herein is intended to abridge management's right to
schedule employees to work or deny leave requests that management feels
will interfere with the efficient running of the Police Department or present
a safety hazard to employees or the community.
The Department shall continue its practice of allowing employees to sign up
for vacations, shifts and days off by seniority. The Department shall have
the right to deviate from seniority in shift preference selection as necessary
to meet training needs, train probationers, separate employees, meet
specialized qualification needs, and/or to correct experience imbalances in
accordance with existing practice. In the event Management wishes to
propose substantive changes to the existing practice of sign-up for
vacations, shifts and days off by seniority, it shall give notice to the
Association and meet and confer to seek mutually agreeable solutions
and/or remedies. In the event that a mutually agreeable solution or remedy
is not found, Management may deviate from the prior seniority criteria to the
extent necessary to meet operational or safety needs.
D. Grievance Procedure
Definition
The term "grievance" means a dispute between NBPA or any member and
the City regarding the interpretation or application of rules or regulations
governing the terms and conditions of employment, any provision of the
Employee Policy Manual, any provision of Resolution No. 2001-50, or this
MOU.
2. Guidelines
Any NBPA member may file a grievance without fear of retaliation or any
adverse impact on any term or condition of employment.
a. A grievance shall not be filed to establish new rules or regulations,
change prevailing ordinances or resolutions, nor circumvent existing
avenues of relief where appeal procedures have been prescribed.
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NBPA MOU 2018-2021
b. An employee may be self—represented or represented by one other
person.
C. An employee and any representative shall be given notice of the time
and place of any grievance proceeding, the opportunity to be present
at such proceedings, a copy of any written decision or
communication to the employee concerning the proceedings, and
any document directly relevant to the proceedings.
d. All parties shall engage in good faith efforts to promptly resolve the
grievance in an amicable manner. The time limit specified may be
extended upon mutual agreement expressed in writing.
e. The procedures in this MOU represent the sole and exclusive
method of resolving grievances.
3. Procedure for NBPA Members
Step 1 — The employee shall orally present the grievance to his or
immediate supervisor within fifteen (15) calendar days after the member
knew, or in the exercise of reasonable diligence should have known, the act
or events upon which the grievance is based. The immediate supervisor
shall conduct any appropriate investigation and meet with the employee no
more than fifteen (15) calendar days after presentation of the grievance.
The employee shall be given at least 24 hours' notice of the meeting. The
meeting shall be informal, and the employee may have a representative
present. Any employee not satisfied with the decision of his or her
immediate supervisor may proceed to Step 2.
Step 2 — If an employee is dissatisfied with the decision of his or her
immediate supervisor, the employee may proceed to Step 2 by submitting
a written grievance to the supervising Deputy Chief or Civilian Deputy
Director. Any employee dissatisfied with the decision of his or her
immediate supervisor may submit a written grievance to the supervising
Deputy Chief or Civilian Deputy Director. The written grievance shall be
filed within seven (7) calendar days following receipt of the immediate
supervisor's decision. The written grievance must contain a complete
statement of the matters at issue, the facts upon which the grievance is
based, and the remedy requested by the employee. The supervising
Deputy Chief or Civilian Deputy Director shall meet with the employee and
any representative in an effort to resolve the grievance. The meeting shall
be scheduled no more than fifteen (15) calendar days following receipt of
the appeal unless deferred by the consent of both parties. The Deputy Chief
or Civilian Deputy Director shall provide the employee with a written
decision on the appeal within fifteen (15) calendar days after the meeting.
39
NBPA MOU 2018-2021
Step 3 — Appeal to Chief of Police. Any employee dissatisfied with the
decision of the supervising Deputy Chief or Civilian Deputy Director may
proceed to Step 3 by submitting a written appeal to the Chief of Police. The
written appeal must be filed with the Chief of Police within seven (7)
calendar days following receipt of the supervising Deputy Chief or Civilian
Deputy Director's decision. The written appeal must contain a complete
statement of the matters at issue, the facts upon which a grievance is
based, and the remedy requested by the employee. The Chief of Police
shall meet with the employee and any representative in an effort to resolve
the grievance. The meeting shall be informal and the discussion should
focus on the issues raised by the grievance. The meeting shall be
scheduled no more than fifteen (15) calendar days following receipt of the
appeal unless deferred by the consent of both parties. The Chief of Police
shall provide the employee with a written decision on the appeal within
fifteen (15) calendar days after the meeting.
Step 4 — Appeal to City Manager. In the event the employee is dissatisfied
with the decision of the Chief of Police, the employee may proceed to Step
4 by submitting a written appeal of the decision to the City Manager. The
written appeal must be filed within seven (7) calendar days following receipt
of the Police Chiefs decision. The written appeal shall contain a complete
statement of the matters at issue, the facts upon which the grievance is
based, the decisions of the supervising Deputy Chief or Civilian Deputy
Director and Chief of Police, and the remedy requested by the employee.
The City Manager shall meet with the employee and his or her
representative in an effort to resolve the grievance and to receive any
additional information the employee or department may have relative to the
matter. The meeting shall be scheduled no more than fifteen (15) calendar
days following receipt of the appeal unless deferred by the consent of both
parties. The City Manager shall provide the employee with a written decision
within fifteen (15) calendar days after the meeting. The decision of the City
Manager shall be final.
4. Association Grievance
A grievance affecting more than one NBPA member may be filed by NBPA
on behalf of the affected employees with the Chief of Police. The
Association must present the grievance to the Chief of Police within thirty
(30) calendar days after an Association Board member knew, or in the
exercise of reasonable diligence should have known, the act or events upon
which the grievance is based. This provision is the sole and exclusive
method by which the Association may challenge a provision of this MOU.
The grievance shall contain a complete statement of the matters at issue,
the facts upon which the grievance is based, and the remedy requested by
NBPA. The Chief of Police shall meet with NBPA representatives within
fifteen (15) calendar days following receipt of the grievance and provide a
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NBPA MOU 2018-2021
written decision on the grievance within fifteen (15) calendar days after the
meeting. In the event NBPA is dissatisfied with°the decision of the Chief of
Police, it may appeal to the City Manager by following the procedures
outlined in Step 4 of the procedure applicable to individual employees.
In the event NBPA is dissatisfied with the decision of the City Manager, it
may appeal the decision to the Civil Service Board by filing a written notice
of appeal within fifteen (15) calendar days after receipt of the decision.
E. Pre-Hearinq Briefs
Each party is entitled to the other party's pre -hearing brief, if any.
F. Use of Tobacco Products
All employees hired after January 1, 1999, shall not smoke or use any tobacco
products at any time while on, or off duty. Employees shall be required to sign an
agreement consistent with this section. Violation of this agreement will subject the
employee to disciplinary action. Smoking an occasional celebration cigar (birth of
a child, etc.) shall not be considered a violation of this policy.
G. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
H. Contract Negotiations
The parties agree that, if either side requests to meet and confer in good faith for
a successor MOU within 120 days of the expiration of the MOU, the parties agree
to begin the negotiations with the mutual objective of reaching an agreement prior
to the expiration of the term of the MOU.
Signatures are on the next page.
41
Executed this day of June, 2018,
ATTEST:
By:
Leilani Brown
City Clerk
NBPA MOU 2018-2021
NEWPORT BEACH POLICE ASSOCIATION
Lan
Alex Maslin, President
CITY OF NEWPORT BEACH
By:
Duffy Duffield, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By: t
Peter Brown, Special Counsel
42
NBPA MOU 2018-2021
EXHIBIT A
CITY OF NEWPORT BEACH
POLICE ASSOCIATION
Represented Job Classifications of the Newport Beach Police Association
Animal Control Officer
Animal Control Officer, Senior
Civilian Custody Supervisor
Civilian Investigator
Civilian Supervisor
Crime Analyst, Senior
Crime Prevention Specialist
Crime Scene Investigator
Crime Scene Investigator, Senior
Custody Officer
Electronics Specialist
Emergency Services Coordinator
Emergency Services
Information Technology Coordinator
Police Computer Systems Manager
Police Community Services Officer
Police Community Services Officer, Senior
Police Dispatcher
Police Dispatcher, Senior
Police Fiscal Services/Facility Manager
Police Mechanic I
Police Mechanic II
Police Mechanic, Senior
Police Officer
Police Recruit
Rangemaster - Armorer
Station Officer
43
EXHIBIT B
Newport Beach Police Association
Represented Sworn Classifications and Pay Rates
MOU Term: April 1, 2018 -June 30, 2021
Effective March 31, 2018
2.0% Adjustment
NBPA MOU 2018-2021
HOURLY PAY
MONTHLY PAY
REPRESENTED CLASSIFICATION RATES
RATES'
13 Steps
13 Steps
Police Officerz $ 32.45
$ 5,625
$ 34.08
$ 5,907
$ 35.78
$ 6,202
$ 37.58
$ 6,514
$ 39.46
$ 6,840
$41.41
$7,178
$ 43.47
$ 7,535
$ 45.67
$ 7,916
$ 47.95
$ 8,311
$ 50.34
$ 8,726
$ 52.86
$ 9,162
$ 55.50
$ 9,620
$ 58.30
$ 10,105
'Monthly Pay Rates are rounded to nearest whole dollar.
Z POLICE OFFICER pay rates are comprised of nine (9) base steps and four (4) Master Officer Recognition Pays
(MORD) identified as MORP I, II, III and IV.
EXHIBIT B
Newport Beach Police Association
Represented Sworn Classifications and Pay Rates
MOU Term: April 1, 2018 - June 30, 2021
Effective July 7, 2018
Salary Restructure to 11 Steps
NBPA MOU 2018-2021
HOURLY PAY
MONTHLY PAY
REPRESENTED CLASSIFICATION RATES
RATES'
I 1 Steps
11 Steps
Police Officer2 $ 32.51
$ 5,635
$ 34.15
$ 5,919
$ 35.85
$ 6,214
$ 37.66
$ 6,528
$ 39.54
$ 6,854
$ 41.49
$ 7,192
$ 45.64
$ 7,911
$ 47.92
$ 8,306
$ 50.32
$ 8,722
$ 52.84
$ 9,159
$ 55.48
$ 9,617
'Monthly Pay Rates are rounded to nearest whole dollar.
2 POLICE OFFICER pay rates are restructured to remove the four (4) Master Officer Recognition Pays (MORP)
identified as MORP I, II, III and IV.
EXHIBIT B
Newport Beach Police Association
W
NBPA MOU 2018-2021
Represented Sworn Classifications and Pay Rates
MOU Term: April 1, 2018 - June 30, 2021
Effective March 30, 2019
2.0% Adjustment
HOURLY PAY
MONTHLY PAY
REPRESENTED CLASSIFICATION RATES
RATES'
11 Steps
11 Steps
Police Officer $ 33.16
$ 5,748
$ 34.83
$ 6,037
$ 36.57
$ 6,339
$ 38.41
$ 6,658
$ 40.33
$ 6,991
$ 42.32
$ 7,335
$ 46.55
$ 8,069
$ 48.88
$ 8,473
$ 51.33
$ 8,897
$ 53.90
$ 9,343
$ 56.59
$ 9,809
'Monthly Pay Rates are rounded to nearest whole dollar.
46
EXHIBIT B
Newport Beach Police Association
Represented Sworn Classifications and Pay Rates
MOU Term: April 1, 2018 -June 30, 2021
Effective March 28, 2020
2.0% Adjustment
NBPA MOU 2018-2021
HOURLY PAY
MONTHLY PAY
REPRESENTED CLASSIFICATION RATES
RATES'
11 Steps
11 Steps
Police Officer $ 33.82
$ 5,862
$ 35.53
$ 6,159
$ 37.30
$ 6,465
$ 39.18
$ 6,791
$ 41.14
$ 7,131
$ 43.17
$ 7,483
$ 47.48
$ 8,230
$ 49.86
$ 8,642
$ 52.36
$ 9,076
$ 54.98
$ 9,530
$ 57.72
$ 10,005
' Monthly Pay Rates are rounded to nearest whole dollar.
47
EXHIBIT B
Newport Beach Police Association
Represented Non -Sworn Classifications and Pay Rates
MOU Term: April 1, 2018 -June 30, 2021
Effective March 31, 2018
0.92% Adjustment
REPRESENTED CLASSIFICATION
HOURLY PAY RATE
MONTLY PAY RATE
MIN
MAX
MIN
MAX
Sr Crime Analyst
$30.48
$42.92
$5,283
$7,439
Crime Prevention Specialist
$28.94
$40.75
$5,016
$7,063
Custody Officer
$26.55
$37.37
$4,602
$6,477
Custody Supervisor
$35.35
$49:74
$6,127
$8,622
Electronic Specialist
$34.08
$47.96
$5,907
$8,313
Emergency Coordinator
$35.25
$49.57
$6,110
$8,592
Police Animal Control Officer
$26.44
$37.22
$4,583
$6,451
Sr Police Animal Control Officer
$30.48
$42.92
$5,283
$7,439
Police Computer Systems Mgr
$50.06
$70.43
$8,677
$12,208
Police Crime Scene Investigator
$27.96
$39.35
$4,846
$6,821
Sr Police Crime Scene Investigator
$30.24
$42.54
$5,242
$7,374
Police Community Services Officer
$21.23
$32.93
$3,680
$5,708
Sr Police Community Services Officer
$27.06
$38.08
$4,690
$6,601
Police Civilian Investigator
$27.96
$39.35
$4,846
$6,821
Police Civilian Supervisor
$35.35
$49.74
$6,127
$8,622
Police Dispatcher
$27.06
$38.08
$4,690
$6,601
Sr Police Dispatcher
$31.12
$43.78
$5,394
$7,589
Police Fiscal Services/Facility Manager
$40.45
$56.89
$7,011
$9,861
Police IT Analyst
$35.41
$49.81
$6,138
$8,634
Police IT Coordinator
$41.46
$58.34
$7,186
$10,112
Police Mechanic 1
$22.10
$31.08
$3,831
$5,387
Police Mechanic II
$25.59
$36.02
$4,436
$6,243
Sr Police Mechanic
$28.23
$39.71
$4,893
$6,883
Police Recruit
$29.44
-
$5,103
-
Police Rangemaster
$26.37
$37.09
$4,571
$6,429
Police. Station Officer
$26.44
$37.22
$4,583
$6,451
1 Monthly Pay Rates are rounded to nearest whole dollar.
-J
EXHIBIT B
Newport Beach Police Association
Represented Non -Sworn Classifications and Pay Rates
MOU Term: April 1, 2018 - June 30, 2021
Effective March 30, 2019
2.0 % Adjustment
REPRESENTED CLASSIFICATION
HOURLY PAY RATE
MONTLY PAY RATE
MIN
MAX
MIN
MAX
Sr Crime Analyst
$31.09
$43.78
$5,389
$7,589
Crime Prevention Specialist
$29.52
$41.57
$5,117
$7,205
Custody Officer
$27.08
$38.12
$4,694
$6,607
Custody Supervisor
$36.06
$50.73
$6,250
$8,793
Electronic Specialist
$34.76
$48.92
$6,025
$8,479
Emergency Coordinator
$35.96
$50.56
$6,233
$8,764
Police Animal Control Officer
$26.97
$37.96
$4,675
$6,580
Sr Police Animal Control Officer
$31.09
$43.78
$5,389
$7,589
Police Computer Systems Mgr
$51.06
$71.84
$8,850
$12,452
Police Crime Scene Investigator
$28.52
$40.14
$4,943
$6,958
Sr Police Crime Scene Investigator
$30.84
$43.39
$5,346
$7,521
Police Community Services Officer
$21.65
$33.59
$3,753
$5,822
Sr Police Community Services Officer
$27.60
$38.84
$4,784
$6,732
Police Civilian Investigator
$28.52
$40.14
$4,943
$6,958
Police Civilian Supervisor
$36.06
$50.73
$6,250
$8,793
Police Dispatcher
$27.60
$38.84
$4,784
$6,732
Sr Police Dispatcher
$31.74
$44.66
$5,502
$7,741
Police Fiscal Services/Facility Manager
$41.26
$58.03
$7,152
$10,059
Police IT Analyst
$36.12
$50.81
$6,261
$8,807
Police IT Coordinator
$42.29
$59.51
$7,330
$10,315
Police Mechanic 1
$22.54
$31.70
$3,907
$5,495
Police Mechanic II
$26.10
$36.74
$4,524
$6,368
Sr Police Mechanic
$28.79
$40.50
$4,990
$7,020
Police Recruit
$30.03
-
$5,205
-
Police Rangemaster
$26.90
$37.83
$4,663
$6,557
Police Station Officer
$26.97
$37.96
$4,675
$6,580
1 Monthly Pay Rates are rounded to nearest whole dollar.
Ewe
EXHIBIT B
Newport Beach Police Association
Represented Non -Sworn Classifications and Pay Rates
MOU Term: April 1, 2018 - June 30, 2021
Effective March 28, 2020
2.0 % Adjustment
REPRESENTED CLASSIFICATION
HOURLY PAY RATE
MONTLY PAY RATE
MIN
MAX
MIN
MAX
Sr Crime Analyst
$31.71
$44.66
$5,496
$7,741
Crime Prevention Specialist
$30.11
$42.40
$5,219
$7,349
Custody Officer
$27.62
$38.88
$4,787
$6,739
Custody Supervisor
$36.78
$51.74
$6,375
$8,968
Electronic Specialist
$35.46
$49.90
$6,146
$8,649
Emergency Coordinator
$36.68
$51.57
$6,358
$8,939
Police Animal Control Officer
$27.51
$38.72
$4,768
$6,711
Sr Police Animal Control Officer
$31.71
$44.66
$5,496
$7,741
Police Computer Systems Mgr
$52.08
$73.28
$9,027
$12,702
Police Crime Scene Investigator
$29.09
$40.94
$5,042
$7,096
Sr Police Crime Scene Investigator
$31.46
$44.26
$5,453
$7,672
Police Community Services Officer
$22.08
$34.26
$3,827
$5,938
Sr Police Community Services Officer
$28.15
$39.62
$4,879
$6,867
Police Civilian Investigator
$29.09
$40.94
$5,042
$7,096
Police Civilian Supervisor
$36.78
$51.74
$6,375
$8,968
Police Dispatcher
$28.15
$39.62
$4,879
$6,867
Sr Police Dispatcher
$32.37
$45.55
$5,611
$7,895
Police Fiscal Services/Facility Manager
$42.09
$59.19
$7,296
$10,260
Police IT Analyst _
$36.84
$51.83
$6,386
$8,984
Police IT Coordinator
$43.14
$60.70
$7,478
$10,521
Police Mechanic 1
$22.99
$32.33
$3,985
$5,604
Police Mechanic II
$26.62
$37.47
$4,614
$6,495
Sr Police Mechanic
$29.37
$41.31
$5,091
$7,160
Police Recruit
$30.63
$5,309
Police Rangemaster
$27.44
$38.59
$4,756
$6,689
Police Station Officer
$27.51
$38.72
$4,768
$6,711
1 Monthly Pay Rates are rounded to nearest whole dollar.
50
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2018-42 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 26th day of June, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Herdman, Council Member Kevin Muldoon, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will
O'Neill, Mayor Duffy Duffield
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27t'l day of June, 2018.
Leilani I. Brown
City Clerk
Newport Beach, California