HomeMy WebLinkAbout03 - MOU - Newport Beach Police Employees Associationf 3Zi
. COUNCIL AGENDA
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CITY OF NEWPORT BEACH- ---COUNCIL
ADMINISTRATIVE SERVICES DEPARTMENT C ...:..:.. _' f::' MACH
Resource Management Division ! F
j SEP 81997
September 8, 1997 I
TO: HONORABLE MAYOR AND MEMBERS OF THE CIX
FROM: Dennis Danner, Administrative Services Director 0.l0
SUBJECT: MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH POLICE
EMPLOYEES ASSOCIATION C _ ao 5 (Q
DISCUSSION:
The current agreement with the Police Employees Association expired on December 31, 1995.
The terms of the agreement were extended through the current date while negotiations were
going on for a new agreement. It was the City's goal to provide a fair and competitive salary and
benefit package to the Association members while reducing certain benefits that would achieve a
long term significant cost savings to the City.
The Association pre -ratified an agreement, announcing the results of their vote on August 1,
• 1997. If approved by the City Council, the new agreement will cover the period from January 1,
1996 through December 31, 1998. Following are the significant conditions of this agreement:
1. Compensation Adjustment:
A. Effective the first pay period of July, 1996 the City will pick up the full cost
(1.75°!x) of the Safety Employer PERS rate increase for the 1996-97 fiscal
year.
B. Effective March 15, 1997 there will be a total compensation adjustment to
achieve full formula (approximately 3.48%).
C. Effective January 3, 1998, all unit salaries shall be increased by 1.6%.
2. Revised Flex Leave and Vacation/Sick Leave Accrual Schedule:
A. Current employees will continue to accrue flex leave or vacation leave at the
current rates. In lieu of a reduction in accrual rates of 8 hours in 1997 and 8
hours in 1998 (which all other associations agreed to), PEA Association
members shall have their compensation adjustments scheduled for March 15,
1997 and January 3, 1998 (3.88% and 2.0% respectively) reduced by .4%, to
3.48% and 1.6% respectively. It is estimated that the monetary value of a
leave day is .4%, thus the two compensation reductions of A% equate to the
value of retaining 8 hours of leave in each of the two fiscal years.
B. Employees hired after ratification of this contract will accrue flex leave at the
following rates:
Proposed Accrual
Years of Service Rate (Days per Year
1 but less than 5 17
5 but less than 10 20
10 but less than 15 23
15 but less than 20 same as current employees
20 and over same as current employees
In addition, these employees will not be eligible for flex leave spillover pay.
C. There will be a corresponding proportional adjustment in the Vacation/Sick
Leave accrual schedules.
C. Effective January, 1998, current employees will be eligible for flex leave
spillover pay only if they have used 80 hours of flex leave in the previous 12
calendar months.
D. Employees actually working 2088 hours per year shall be credited with two
hours of flex/vacation leave per quarter worked on the 12 hour schedule.
E. All employees working an extra shift because of the added day on leap year
shall be paid I'/2 pay for all hours worked on said shift.
F. All unit employees entitled to compensation for previous additional work on 12
hour shifts shall be paid said compensation in cash to be included with
retroactivity checks.
3. Salary Step Reduction:
The entry level salary will be reduced by 10% by adding two lower 5% steps. The
first three steps in the salary schedule will be identified as recruitment steps 1, 2, and
3.
4. Retiree Medical:
Agree to achieve cost containment of retiree medical insurance through meetings of
the Medical Advisory Committee. Cap at $400 per month contribution by City and
active employees.
5. Tuition Reimbursement:
Cap at $1,000 per year for non -sworn, 40% of $1,000 for sworn for newly hired
employees. Current employees will retain the present tuition reimbursement
program for the term of this agreement.
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6. Bereavement Leave:
Forty hours per incident. Bereavement would include death or terminal illness in
immediate family. Immediate family means father, mother, brother, sister, wife,
husband, child, father-in-law, mother-in-law and grandparents.
7. Non -Sworn Disability Coverage:
The City and Association have agreed to reopen negotiations on this subject.
8. Medical Insurance:
Any employee may opt out of the insurance plan offered by the City and receive
$200 per month with proof of insurance and a signed hold harmless statement.
Employee may re -enroll subject to plan rules.
9. 109% Pay Off for Accumulated Time:
Upon separation through the duration of this contract.
10. 1959 Survivor Benefit:
Amend contract with PERS to move to Level 3 and Level 4 1959 Survivor Benefit
for Miscellaneous and Safety members respectively.
11. July 4"':
The Police Department has the discretion to schedule any of its employees to work a
regular work day on July 4s', 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 40' will be compensated at their
regular hourly rate, plus premium pay equal to '/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.
12. PERS Increase:
The City shall absorb the increase in the PERS rates effective July 1, 1997.
13. Release Time:
Existing release time provision to be increased to Two Hundred (200) hours per
year. Use of release time requires prior supervisory approval.
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14. Modified Work Schedules:
Substantive Work Schedule Modifications
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The Newport Beach Police Department currently has available a variety of work
schedules including 5/8 schedules, 3/12 schedules, 9/81 schedules, and 4/10 schedules.
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 9/81 schedule 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.
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 due regard to the needs of the employees to make
adjustments to their personal schedules and commitments related to the change in work
schedules.
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.
15. Seniority:
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.
ANALYSIS:
As stated previously, in entering negotiations this year with the various employee organizations, it
was the City's goal to provide a fair and competitive salary and benefit package to the association
members while reducing certain benefits that would achieve a long term significant cost savings to
the City.
•
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The approximate total costs of the proposed adjustments for the Police Employees Association
are calculated as follows:
1996-97
1.75% PERS pick up (07-01-96) $190,000
3.48% Increase (3-15-97) 118,000
1.60% Increase (1-3-98) 0
Total Cost 308 000
1997-98
$190,000
386,000
89,000
665 000
$ 95,000
193,000
89.000
$3U—M
The approximate total savings of the proposed adjustments for the Police Employees Association
are calculated as follows -
Flex -Leave Spillover Pay Savings
Health insurance buyout
Elimination of July 4th overtime
Salary Step Reduction
Retiree Medical
Total Savings
1996-97 1997-98 1998-99
$ 0 $225,000 $150,000
0 48,000 24,000
0 0 25,000
0 30,000 15,000
0 0 0
� 0 $30.3,00 214 000
Thus the total net cost of this proposal, from July 1, 1996 through December 31, 1998 is
estimated to be $833,000.
RECOMMENDATION:
It is recommended that the City Council approve the attached Memorandum of Understanding
and Supplemental Memorandum of Understanding between the City and the Police Employees
Association which cover the period from January 1, 1996 through December 31, 1998.
C:IWINWORD\DENNISWP\STAFFREP.DOC 09/02/97 9AI AM
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
1. The Newport Beach Police Employees Association ("NBPEA"), 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. NBPEA representatives and City representatives have reached a
tentative agreement as to wages, hours and other terms and
conditions of employment for the period from January 1, 1996
to December 31, 1998 and this tentative agreement has been
embodied in this MOU and the supplemental MOU which has been
executed concurrently.
3. This MOU, upon approval by NBPEA and the Newport Beach City
Council, represents the total and complete understanding and
agreement between the parties regarding all matters within
the scope of representation; subject to the provisions of the
SMOU.
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's/Employee Labor Relations Resolution No. 7173,
the City acknowledges that NBPEA 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 Resolution. All
other classifications and positions not specifically
included within Exhibit "A" are excluded from
representation by NBPEA.
B. Duration of Memorandum.
1. Except as specifically provided otherwise, any
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ordinance, resolution or action of the City Council
. necessary to implement this MOU shall be considered
effective as of January 1, 1996. This MOU shall
remain in full force and effect until December 31,
1998, 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.
C.
2. The terms and conditions 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.
1. 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. 7173. 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;
. (f) the power to relieve employees from duty for
lack of work or other legitimate reasons;
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(g) to maintain the efficiency of operations; •
(h) to determine the methods, means and personnel
by which Police Department operations are to
be conducted;
(i) the right to take all necessary actions to
fulfill the Department's responsibilities in
the event of an emergency;
(j) 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.
1. NBPEA members shall be allowed to participate
in the following activities and receive full
pay ("Release Time"):
(a) attendance at meetings, conferences,
seminars or workshops related to matters
within the scope of representation;
(b) to prepare for, travel to, and attend
scheduled meetings between the City and
NBPEA during the meet and confer process.
(c) representation of NBPEA or any member
with respect to a grievance or minor
disciplinary proceeding.
2. NBPEA shall designate certain members as those
members entitled to release time. In no event
shall any one designate be entitled to use
more than 100 hours of Release Time (exclusive
of actual time spent meeting with City
representatives on matters relating to the
scope of representation), within any calendar
year. Designates must give reasonable advance
notice to, and obtain permission from, their
supervisor prior to use of release time.
Requests for release time shall be granted by
the supervisor unless there are specific
circumstances that require the designate to
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remain on duty. Designates shall, to the
maximum extent feasible, receive shift
assignments compatible with participation in
the meet and confer process.
3. City grants NBPEA members the right to engage
in the activities described in subsection 1(b)
at any time without any reduction to
City—provided Release Time or to any Release
Time bank created pursuant to subsection D(5).
4. City Grants NBPEA 200 hours of Release Time
per calendar year to engage in the activities
described in subsection (1)(a) and (1)(c).
(City—provided Release Time.) NBPEA may
accumulate up to 300 hours of City—provided
Release Time.
5. In addition to City—provided Release Time and
Release Time provided pursuant to subparagraph
(3), NBPEA members may contribute up to two
hours of earned compensatory time off ("CTO°)
to an NBPEA Release Time Bank. Members may
contribute earned CTO only during the period
from July 1 through August 15th during any
calendar year. However, members shall not
have the right to contribute CTO to the NBPEA
Release Time bank if NBPEA has accumulated
more than 600 hours of total Release Time.
Any NBPEA member who contributes CTO to the
Release Time Bank gives up any right to usage
of, or payment for, the contributed CTO.
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 NBPEA 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, accrued vacation
leave, and accrued holiday time.
Space shall be provided on bulletin boards within the
Police Department at their present location for the
posting of notices and bulletins relating to NBPEA
business, meetings, or events. All materials posted on
bulletins boards shall indicate. the name of the
organization responsible. Material posted shall not
contain personal attacks on any City official or
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employee, any material which constitutes harassment,
discrimination or retaliation on the basis of race,
gender, ethnicity, religion or other statutorily or
constitutionally impermissible basis, or any
pornographic or obscene material.
F. No Strike.
The parties recognize their mutual responsibility to
provide the citizens of Newport Beach with uninterrupted
municipal services and, therefore, for the term of this
MOU, the parties agree not to conduct concerted strike,
work slowdown, sickout, withholding of services, or
lockout activities.
G. Conclusiveness.
Except as provided in this agreement and the SMOU,this
MOU contains all of the covenants, stipulations, and
provisions agreed upon by the parties. Therefore, for
the life 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 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 or the SMOU.
y�� •1_
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.
I. Savings.
Should any part of this MOU be rendered or declared
Illegal or invalid by legislation, decree of court of
competent jurisdiction or other established governmental
administrative tribunal, such invalidation shall not
affect the remaining portions of this MOU.
J. 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 10 of Resolution No.
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7173 or a successor resolution.
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Effective March 15, 1997, there shall be established
internal salary relationships among the various
classifications covered by this Agreement, as well as
the salary relationship between each Pay Step in the
classifications of Police Officer. Those salary
relationships are described in the Matrix attached
hereto as Exhibit "B" in the column entitled Percentage.
Thus, for example, the salary of an employee in the
classification of Police Officer, at Step 1, shall be
71.118 of that paid to an employee in the Benchmark
Position (i.e., a Police Officer at Step 8), the salary
of an employee in the classification of Video Technician
at Step 8 shall be 95.608 of that paid to the Benchmark
Position and the salary of an employee in the
classification of CPTR. SUPT. MGR at Step 6 shall be
119.398 of that paid to the Benchmark Position.
1. Salary/Total Lary/Total Compere a ion Adjustments. The salaries
specified in Exhibit "B", or total compensation, as
appropriate, shall be subject to the following
guaranteed adjustments:
(a) The parties have agreed on internal
relationships among the various
classifications represented by NBPEA, as well
as the relationship between each step in those
classifications and the Benchmark position.
The term Benchmark Position shall mean the top
step non -specialty police officer of any
municipal police department in Orange County
and top step Patrol Deputy for the County of
Orange without consideration of special pay or
benefit categories or designations such as
Master Officer or Senior Officer which are
based on a combination of experience, training
or education. These internal relationships
have been computed in terms of numbers which,
when multiplied by the Criteria Salary, (the
salary that must be paid to the Benchmark
Position in Newport Beach to achieve the
appropriate level of Total Compensation or
Modified Total Compensation and not the salary
actually paid to the Benchmark Position in
• Newport Beach which is beyond the control of
the parties) represent the salary to be paid
to the classifications represented by NBPEA.
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The multipliers for each step of each
classification represented by NBPEA are shown .
on the matrix attached as Exhibit B. The
matrix shall be effective March 15, 1997. The
salaries of classifications represented by
NBPEA shall be subject to the following
mandatory adjustments calculated and
implemented in accordance with the foregoing:
(i) Effective March 15, 1997, the Total
Compensation as defined below,for all
classifications represented by NBPEA
shall be increased by the difference, as
of July 1, 1996, between the monthly
Total Compensation of the Benchmark
Position in the City of Newport Beach as
defined in paragraph A above, and the
average monthly Total Compensation of the
five (5) Benchmark Positions among other
law enforcement agencies in the County of
Orange, as defined below, less 0.48.
Benchmark Positions among other law
enforcement agencies in the County of
Orange shall be defined to mean the "top
step non -specialty Police Officer of any
municipal Police Department in Orange
County and the top step Patrol Deputy for
the County of Orange Sheriff's
Department, without consideration of
special pay or benefit categories or
designations such as Master Officer or
Senior Officer which are based on a
combination of experience, training or
education.
The Benchmark Positions among other law
enforcement agencies in the County of
Orange with the highest Total monthly
Compensation as of July 1, 1996 shall be
calculated on the basis of the survey
conducted by the Orange County Division
of the League of California Cities
(League Survey) as verified and/or
augmented by telephonic or written
communication by the City and/or NBPEA,
the results of which shall be made
available to the other party. Any
dispute among the parties as to the
actual Total Compensation paid in any
Benchmark Position in another law
enforcement agency within the County of
Orange shall be resolved by reference to
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the governing collective bargaining
agreement and/or enactment of the
applicable public agency.
The term Total Compensation shall
represent the total of (a) base salary,
(b) the value of employer retirement
contributions, (c) the value of employee
retirement contributions paid by the
employer and (d) health insurance
contributions, which shall be
calculated based on the maximum
contribution made by the employer on
behalf of an employee with two or more
dependents who is enrolled in the health
plan having the largest number of
employee participants.
This adjustment shall be implemented
through a salary increase to the
benchmark position of 3.93%.with
corresponding increases to other NBPEA
positions pursuant to the matrix .
(ii) Effective the first pay period in
January, 1998, the City shall increase
salaries for all classifications
represented by NBPEA by 1.6%. In
addition, NBPEA shall be entitled to
reopen negotiations solely on the issue
of appropriate salary increase as of the
first pay period in January, 1998, in the
event the Consumer Price Index (Los
Angeles/Long Beach, all urban consumers)
for the twelve month period ending
October 1, 1997, exceeds five (5%)
percent.
(iii)Effective the first pay period in July,
1998, the City shall increase
compensation of employees covered by
this agreement to the extent necessary
to maintain a level of Modified Total
Compensation which is defined as (Total
Compensation as defined above in
subparagraph Bl,less the value of
employer retirement contributions, for
the Benchmark Position that is at least
equal .8 percent below t h e average
monthly Modified Total Compensation of
the five Benchmark Positions in other law
enforcement agencies within the County of
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Orange with the highest modified monthly
Total Compensation at that time, based
upon the League Survey as supplemented or
augmented in the manner described above
in subparagraph B1.
Unless the parties agree otherwise, this
increase shall appear in the form of a
salary increase to all represented
classes that causes the monthly Modified
Total Compensation to be increased in the
manner described above.
For example, assume that (a) the
difference between the monthly Modified
Total Compensation in the Benchmark
Position and .8% below the average
monthly Modified Total Compensation of
the five Benchmark Positions in other law
enforcement agencies within the County of
Orange is $218.00, (b) the value of the
City's payment of the required employee
retirement contribution for the Benchmark
Position is 98 of base salary, (c) there
was no change in the maximum health
insurance contribution paid by the City
with respect to the Benchmark Position,
and (d) the monthly base salary of the
Benchmark Position that was used to
calculate its monthly Modified Total
Compensation was $5,000.00. Under these
circumstances, the salary increase would
be $200.00 (218 divided by 1.09) and the
monthly base salary of all employees
represented by NBPEA would thereby be
increased by 4% ($200 divided by 5000).
(iv)"Pick-up" or payment of employee
retirement contributions) of NBPEA
members that is at least equal to the
average Modified Total Compensation of
the five (5) Benchmark Positions
(exclusive of the Benchmark Position in
Newport Beach) with the highest Modified
Total Compensation. Any increase in
July, 1998 shall be based on a comparison
of Modified Total Compensation paid to
the Benchmark Position (exclusive of the
Benchmark Position in Newport Beach)
using the League Survey published on or
about January, 1998, subject to
verification of accuracy by the City
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and/or NBPEA, with information relative
to accuracy shared by the parties.
(v) Retroactive pay shall be made to
employees within 30 days of the execution
of this agreement.
(i) Effective July 1, 1996, the City shall
assnma t.ha navmant_ of the fall PmnlnvPr
retirement contribution increase for
safety employees approximately (1.76$)
without any corresponding reduction in
the salary or Total Compensation of any
NBPEA member.
(ii) Effective July 1, 1997, the City shall
assume the payment of the full employer
retirement contribution increase for
safety employees (approximately 3.28)
without any corresponding reduction, or
increase, in the salary or Modified
Total Compensation of any NBPEA member.
3. Additional Step.
Effective September 1, 1997 two additional steps
( designated 1 and 2 with existing first step
designated 3 with the remaining steps designated 4
through 8 (steps 1 through 3 shall be considered
recruit steps) shall be added to the compensation
schedule for each classification represented by
NBPEA. The first salary step (1) shall specify a
salary for the classification that is ten (108)
percent lower that the current first step in the
salary range. The second additional step (2) shall
specify a salary that is five (58) percent lower
that the current salary for the first step in the
salary range. Existing rules relative to the time
of step increases and advancement shall be
applicable to the two new additional steps.
(a) The City shall pay each member's required PERS
retirement contribution (98 of salary for
sworn employees and 78 for non—sworn
employees). City payments pursuant to this
Section shall be deemed to be member
contributions under the Public Employees
Retirement System and recoverable by the
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member as such in accordance with the rules
and regulations promulgated by PERS. These
amounts will be reported to PERS as special
compensation for retirement purposes.
The City has amended its contract with PERS to
move to Level 3 and Level 4 1959 Survivor
Benefit for Miscellaneous and Safety members
respectively.
-w D -
The City and NBPEA have agreed to eliminate
entitlement to compensation for duty incentive time
and Code Seven time based upon implementation of
the 9/80 work schedule and a Settlement Agreement
between the City and NBPEA. NBPEA and its members
agree that the provisions and rules relative to
entitlement to compensation for duty incentive time
or Code Seven time survive the termination of this
MOU, that the provisions of the settlement
agreement are in full force and effect and that no
request for compensation for duty incentive time or
Code Seven time at variance with the provisions of
existing rules or the settlement agreement shall be
made at any time in the future by NBPEA or any of
its members.
6. Overtime
(i) Employees shall be entitled to overtime
compensation at the rate of time and one half
for hours worked in excess of their regularly
scheduled shift. Paid time off shall be
considered time worked for overtime
calculation_ purposes.
(ii) Overtime compensation shall be in the form of
compensatory time off or pay at the election
the employee. Maximum compensatory time
accrual shall be 91 hours. All overtime
worked for employees at the CTO maximum shall
be paid.
(iii)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
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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.
(iv) All unit employees entitled to compensation
for previous additional work on 12 hour shifts
(2088 hours), and for working extra time
during the previous leap year (1996), shall be
paid compensation, at the appropriate rate of
pay, in cash to be included with retroactivity
checks pursuant to this MOU.
(v) Should the employees work an additional shift
and subsequently leap years compensation shall
be paid at the appropriate rate of pay
pursuant to this section.
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7. Master Police Officer Recognition Program.
The City and NBPEA agreed to institute a Master
Officer Recognition Program ("MORP") on July 4,
1987. The intent of the MORP is to encourage NBPEA
members to remain with the Newport Beach Police
Department by compensating employees who have
acquired special skills, training and ability
through years of service. The parties agree that,
after completing a specialty assignment, an officer
shall return to Patrol for at least six months
before receiving another specialty assignment. The
MORP is comprised of three levels with
progressively higher compensation paid as years of
service increase. MORP pay is calculated on the
basis of MORP earnings during the previous calendar
year, but eligibility for MORP pay is determined
based on the member's assignment as of November
30th of the previous calendar year. MORD pay shall
be calculated solely on the basis of the member's
salary, payment for overtime and Scholastic
Achievement pay (collectively referred to as "MORP
Earnings"). MORP Earnings shall not include any
other form of compensation.
In October, 1996, the City and NBPEA agreed to
allow members eligible for Master Officer Pay the
choice of receiving their pay in one lump sum in
the first pay period in February of the following
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0 49
year or bi-weekly. This change took effect the
first pay period in 1997. Each year (prior to •
November) all members will be surveyed to determine
their choice of the above two options for the
following year's MORP pay.
If an officer becomes eligible for Master Officer I
prior to November and chooses to collect the pay
bi-weekly, he/she must notify the Chief's Secretary
at the time of eligibility. If no notification is
received, then the employee will receive their MORP
pay in a lump sum the following February. NOTE:
This is the only circumstance where an officer may
make a change to their MORP pay status other than
at the time of the annual survey.
The requirements and compensation of the three
levels of MORP are summarized as follows:
MASTER OFFICER I
1) Minimum service of five (5) years as a Newport
Beach Police Officer.
2) Must have obtained an intermediate POST
Certificate, or the educational equivalent.
3) Must have successfully completed one year in a
specialty assignment.
4) Must receive and maintain at least a competent
rating on their most recent performance
evaluation.
5) Must be active (includes industrial disability
or other paid leave) and on payroll as of
November 30th of each year.
6) Must have returned from specialty assignment
to Patrol prior to Master Officer II status.
Compensation:5% of the member's MORP Earnings
during the previous calendar year.
MASTER OFFICER II
Requirements:
1) Minimum service of eight (8) years as a sworn
Newport Beach Police Officer.
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2) One full year at the Master I level.
3) Must have obtained an advanced POST
Certificate, or the educational equivalent.
4) Must have successfully completed a full year
in a second (separate) specialty assignment.
5) Must receive and maintain at least a competent
rating on their most recent performance
evaluation.
6) Must be active (includes industrial disability
or other paid leave) and on the payroll as of
November 30th of each year.
7) Must have returned from the specialty
assignment to Patrol prior to Master Officer
III status.
Compensation: 10% of the member's MORP
Earnings during the previous calendar year.
MASTER OFFICER III
1) Minimum service of ten (10) years as a sworn
Newport Beach Police Officer.
2) One full year at the Master II level.
3) Must successfully complete a full year in a
third (separate) specialty assignment.
4) Must receive and maintain at least a competent
.rating on their most recent performance
evaluation.
5) Must be active (includes industrial disability
or other paid leave) and on payroll as
November 30th of each year.
6) For purposes of the Master Officer III level
only, seven years of uninterrupted service on
the NBPD SWAT Team will be considered a
specialty position.
Compensation:15% of the member's MORP Earnings
during the previous calendar year if assigned
to uniformed Patrol or a uniformed Traffic
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field assignment. Uniformed Traffic field
assignments are Motorcycle Enforcement Officer
and Accident Investigation Officer.
12.5% of the member's MORD Earnings during the
previous calendar year if not assigned to
uniformed Patrol or a uniformed Traffic field
assignment.
15% of the member's MORP Earnings during the
previous calendar year after 15 years service
with the Newport Beach Police Department
regardless of assignment.
NBPEA members who have served as sworn Newport
Beach Police Officers for more than 15 years and
who elect to retire prior to November 30th in any
calendar year shall have the right to receive, upon
retirement, a pro rata share of their annual MORP
compensation. The retiring officer's pro rata
share shall be calculated by multiplying the annual
MORP benefits by a percentage derived from
dividing, by 12, the number of full months worked
by the retiring officer since he or she last
received MORP compensation.
B. Pay or Time Not worked.
1. Flex Leave.
(a) Subject to the provisions Of subsection (b)
NBPEA members shall accrue flex leave as
follows:
Years
Adjusted Accrual
of Con't. Svc.:
Per Pay Period:
1 but less
than 5
6.85
5 but less
than 9
7.46
9 but less
than 12
8.08
12 but less
than 16
8.70
16 but less
than 20
9.31
20 but less
than 25
9.92
25 and over
10.54
(b) NBPEA members hired, or rehired, by the City
of Newport Beach on or after September 1, 1997
shall accrue flex leave at the following
rates:
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Accrual Rate
Per Pay Period
1 but
less than 5
5.23
5 but
less than 10
6.15
10 but
less than 16
7.07
16 but
less than 20
9.31
20 but
less than 25
9.92
25 and
over
10.54
(c) During the meeting and conferring for the 1999
MOU, NBPEA may opt to increase unit employees
salaries in exchange for a reduction of up to
two (2) days (16 hours) of paid leave accrual.
Said exchange shall be at the same rate (0.4%)
per eight (8) hours of leave accrual as is
used in this MOU.
Nothing herein is intended to limit or
restrict NBPEA's ability to meet and confer
over future paid leave accrual rates and
levels as well as salary levels pursuant to
the modified formula and/or the meet and
confer process in general.
(d) The Flex leave program shall be administered
as follows:
(i) NBPEA members shall not accrue flex leave
until continuously employed by the
Newport Beach Police Department for a
period of six (6) months provided,
however, if a member on the flex leave
program becomes sick during the first six
months of employment, the City will
advance up to thirteen (13) pay periods
of paid leave time for use by the member
to recover from illness. In the event
the City advances paid leave time and the
employee is terminated or resigns before
completing six months of continuous
employment, the member's final check
shall be reduced by an amount equal to
the number of flex leave hours advanced
multiplied by the member's hourly rate of
pay.
(ii) NBPEA members shall accrue thirteen pay
periods of flex leave immediately upon
completion of six (6) months continuous
. employment with the Newport Beach Police
Department, provided however, this amount
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shall be reduced by any flex leave time
advanced during the first six months of
employment.
(iii)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 703 et seq. of the Personnel
Resolution. Members entitled to use sick
leave pursuant to Section 703.1 of the
Personnel Resolution 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.
(iv) NBPEA members shall be entitled to accrue
flex leave up to seventy (70) times the
members bi-weekly flex leave accrual rate
(Flex Leave Accrual Threshold). NBPEA
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, NBPEA
members who have not utilized at least 80
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hours of flex leave during the prior
calendar year shall not accrue flex
leave in excess of the Flex Leave Accrual
Threshold and shall not be entitled to
Flex Leave Spillover Pay.
NBPEA 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.
(v) 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.
(vi) Members shall be paid for all accrued
flex leave at their then current hourly
rate of pay upon termination of the
employment relationship.
(vii)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. This provision shall also
apply to those hired after the
ratification of this MOU.
(viii)Employees actually working 2088 hours
per year shall be credited with two hours
flex/vacation leave per quarter worked on
the 12 hour schedule.
Bereavement Leave shall be defined as the necessary
absence from duty by employee having regular or
probationary appointment because of the death or
terminal illness in his/her immediate family.
NBPEA members shall be entitled to forty (40) hours
of bereavement leave per incident (terminal illness
followed by death is considered one incident).
Immediate family shall mean father, mother,
brother, sister, wife, husband, child, father-in-
law, mother-in-law, and grandparents.
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NBPEA members shall accrue holiday time at the rate
i
of 96 hours per fiscal year (July 1 through June
30th), and at the rate of 3.7 hours per pay period.
NBPEA members may (a) use holiday time as paid time
off work, (b) convert holiday time to flex leave
or vacation leave, or (c) receive pay for holiday
time as specified in this Section. NBPEA members
who have not used all holiday time accrued during
any fiscal year shall, during the month of July,
elect either to convert unused holiday time to flex
leave or vacation leave if the member is in the
vacation leave/sick leave program) or to be paid
for unused holiday time at the same "regular rate
of pay" that the employees would receive had they
utilized the holiday benefit to receive a leave of
absence with full compensation, provided, however,
NBPEA members shall not be entitled to convert
holiday time to flex leave to the extent that the
conversion would cause the amount of flex leave
accrued to exceed the flex leave accrual threshold.
In the absence of an election during July, the
members shall receive pay for unused holiday time
at the same "regular rate of pay" that the
employees would receive had they utilized the
holiday benefit to receive a leave of absence with
full compensation. NBPEA members who elect to
receive pay for unused holiday time shall receive
compensation in their paycheck for the last pay
period in August. In no event shall any NBPEA
member be entitled to receive holiday pay until
serving at least thirty (30) consecutive calendar
days in active paid status.
• q
For the term of this agreement, NBPEA members shall
receive payment for any accrued leave upon
termination at the rate of 1098 of their base
hourly rate.
(a) Sworn Members.
Any NBPEA 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
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et. seq, of the Labor Code of the State of
California.
(b) 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.
Except as expressly provided in this MOU, the
payments which supplement temporary disability
compensation shall be made as provided in the
Personnel Resolution.
The City shall make available to all NBPEA members,
their spouses and dependents. the PERS health
insurance programs and a second health care plan.
City shall pay the health and dental premium for
each NBPEA member, up to a maximum of $400 per
month.
The City will obtain a quotation for the addition
of orthodontia to the dental plan. Subject to the
agreement of other City Employee Associations, the
benefit may be added to the dental program,
however, the total contribution by the City to
employee health will remain at $400.00.
3. Information Committee.
City has established a Medical/Dental Information
Committee composed of one representative from each
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employee group and up to three City
representatives. The Medical/Dental 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 care issues. The
purpose of this Committee is to provide each
employee group with information about health care
issues and to receive timely input from
associations regarding preferred coverage options
and levels of coverage. City shall provide
information to the Committee in December, February
and April of each year during the term of this MOU.
Effective upon the ratification of this agreement,
NBPEA members who do not want to enroll in any
health care plan offered by the City, provide
evidence of health care insurance coverage, other
carriers, and execute an agreement releasing the
City from any responsibility or liability to
provide health care insurance coverage, shall
receive in lieu of the $400 contribution towards
the premium for coverage offered by City sponsored
health care providers in lieu health coverage
payment of $200 per month.
Employees may re -enroll in any of the City's
available health plans per the rules of those
plans.
The parties agree that during the term of this
agreement, the maximum combined contribution by the
City and active employees for retiree medical
insurance shall not exceed $400.00 per month.
(City contribution limited to two-thirds (2/3) of
the $400.00 with the active employees paying one-
third (1/3).
Further, the City and Association agree to work,
through a City-wide committee, on a variety of
issues involving retiree medical insurance in an
attempt to achieve cost containment and equity
amongst the City's retiree medical programs.
0
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The City currently administers a short term
disability plan funded through a combination of
employee and employer contributions. A NBPEA
member shall pay the full cost of any short term
disability premium until he or she has accrued at
least 160 hours of flex leave and/or sick leave. A
NBPEA member shall pay fifty percent (50%) of any
short term disability premium when he or she has
accrued between 160 hours and 319 hours of flex
leave and/or sick leave. City shall pay all of any
member's short term disability premium when he or
she has accrued 320 or more hours of flex leave
and/or sick leave. The plan provides up to
two-thirds of a member's salary for a period of up
to six months post -disability provided the employee
has used available sick leave and a portion of
accrued paid leave. City shall have the right to
re -open this MOU to meet and confer regarding the
transfer of the responsibility for administration,
and the manner of funding, of the short term
disability plan. The City shall continue to
self-administer the short term disability plan
until the parties reach agreement regarding
appropriate amendments.
2. Lonc
The City currently provides long term disability
protection through an insurance company. This plan
is funded through a combination of employee and
employer contributions. A NBPEA member shall pay
the full cost of any long term disability premium
until he or she has accrued at least 160 hours of
flex leave and/or sick leave. A NBPEA member shall
pay fifty percent (50%) of any long term disability
premium when he or she has accrued between 160
hours and 319 hours of flex leave and/or sick
leave. City shall pay all of any member's long
term disability premium when he or she has accrued
320 or more hours of flex leave and/or sick leave.
The City shall have the right to re -open this MOU
to meet and confer relative to the provision of
long term disability coverage. In the absence of
any agreement to the contrary, the City will use
its best efforts to continue to provide long term
disability coverage through qualified insurance
carriers or companies.
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3.
The ceiling on insured income under the short term
and long term disability plans will be $7,500 per
month for non -industrial claims. The maximum
benefit shall be $5,000 per month. The maximum
benefit for industrial injuries shall be $1,750.00
per month. The City will pay one-third (1/3) of
the cost of a member's health, dental and life
insurance premiums when the member has at least
five (5) years of continuous service with the City
and is on approved disability leave of absence.
The City will pay two-thirds (2/3) of the cost of
health, dental and life insurance premiums for an
employee with ten (10) years of continuous service
who is on approved disability and the City will pay
the entire cost of those premiums for an employee
with fifteen (15) or more years of continuous
service not to exceed the amount paid for active
employees.
NBPEA members hired prior to September 1, 1997 attending
accredited community colleges, colleges, trade schools
or universities may apply for reimbursement of one
hundred percent (1008) of the actual cost of tuition,
books, fees or other student expenses for approved
job-related courses. Maximum tuition reimbursement for
sworn personnel shall be $885.00 per year for the term
of this agreement. Maximum tuition reimbursement for
non -sworn members shall be $2,213.00 per year for the
term of this agreement. Sworn employees hired
subsequent to September 1, 1997 shall have a maximum
tuition reimbursement of $400 per fiscal year.
Maximum tuition reimbursement for non -sworn employees
hired after September 1, 1997 shall be $1000 per fiscal
year. Reimbursement is contingent upon the successful
completion of the course. Successful completion means a
grade of "C" or better for undergraduate courses and a
grade of "B" or better for graduate courses. All claims
for tuition reimbursement require the approval of the
Chief of Police and the Administrative Services
Dircctor.
Section 125 of the Internal Revenue Code authorizes an
employee to reduce taxable income by City payment of
allowable expenses such as child care and medical
expenses. City shall, maintain a "reimbursable
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account program" in accordance with the provisions of
Section 125 of the Internal Revenue Code, pursuant to
which an NBPEA member may request that medical, child
care and other eligible expenses be paid or reimbursed
by the City out of the employee's account, with the base
salary of the employee reduced by the amount designated
by the employee to be placed into that account. The
City's obligation to establish a reimbursable account
program is contingent upon the City incurring no cost or
potential liability relative to the plan or its
administration. City shall cooperate to the fullest
extent of the law provided, however, City may require
the plan to contain provisions that authorize the
administrator to pay allowable expenses only upon
submittal of a demand from the City. Any "reduction" in
salary pursuant to this Section and/or the Section 125
Plan established by the City, shall not affect any other
provision of this MOU.
24
City shall provide an Employee Assistance Program
through a properly licensed provider. NBPEA members and
their family members may access the Employee Assistance
Program at no cost subject to provider guidelines.
F. Scholastic Achievement pay.
Sworn NBPEA members are entitled to additional
compensation contingent upon scholastic achievement
("Scholastic Achievement Pay"). Sworn NBPEA 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 NBPEA 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 years of service and the number
of units and/or degrees received by the employee. The
Plan consists of five levels which reflect multipliers
of the base scholastic achievement pay of $46.00 per
month. Qualifying units and/or degrees must be awarded
by accredited community colleges, state colleges or
universities. The following is a schedule of monthly
.
payments pursuant to the Scholastic Achievement Program:
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Years of
puiV.L:E.': Su units: Qy un1LS: Yu units: bA1bb:MA/MbJ_":
2 $48/mo. $48 $48 $48 $48
3 $48/mo. $96 $144 $192 $192
4 $48/mo. $96 $144 $192 $240
MGM135if
The night shift differential pay for non—sworn personnel
shall be $1.00 per hour between the hours of 6 p.m. and
6 a.m.
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 under the Meyers-
Milias-Brown Act to meet and confer before making any
substantive changes to work schedules that impact an
employee's conditions of employment.
Newport Beach Police Department currently has available
a variety of work schedules including 5/8, 3/12, 9/81
and 4/10 schedules. 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 9/81 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.
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
due regard to the needs of the employees to make
adjustments to their personal schedules and commitments
related to the change in work schedules.
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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.
B. Seniority
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
aeviate Lrom the prior seniority criteria to the extent
necessary to meet operational or safety needs.
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.
1. 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
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granted permanent status in their current
Classification or any Classification within the
Series, subject to the following:
(i) Credit shall be given only for continuous
service subsequent to the most recent
appointment to permanent status in the
Classification or Series;
(ii) 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.
(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
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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 lay—off 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 Personnel Resolution.
� ' - � Il i ii ' I
Permanent and probationary employees who are laid off
shall be placed on a Department reemployment list in
reverse order of layoff. The re—employment list shall
remain in effect until exhausted by removal of all names
on the list. In the event a vacant position occurs in
the Classification which the employee occupied at the
time of layoff, or a 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 Personnel Director.
28
William Avery & Associates :408 399 4423
0
5. Severance Pay.
Permanent employees who are laid
date of lay—off, receive one week
year of continuous service with
Beach.
1. Definition.
M0915197 ®4:09PM
D 30133
off shall, as of the
severance pay for each
the City of Newport
The term "grievance" means a dispute between NBPEA 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
Personnel Resolution, any provision of Resolution No.
71-73, or this MOU.
2. Guidelines.
Any NBPEA 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.
(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 NBPEA Members.
Step 1 — The employee shall orally present the grievance
29
William Avery & Associates 9;4083994423 t$1915l97 04:10PM D3V33
to his or immediate supervisor within ten (10) working
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 ten (10) working
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 captain. Any employee
dissatisfied with the decision of his or her immediate
supervisor may submit a written grievance to the
supervising Captain. The written grievance shall be
filed within five (5) 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
Captain shall meet with the employee and any
representative in an effort to resolve the grievance.
The meeting shall be scheduled no more than ten (10)
days following receipt of the appeal unless deferred by
the consent of both parties. The Captain shall provide
the employee with a written decision on the appeal
within ten (10) working days after the meeting.
Step 3 — Appeal to Chief of Poli Any employee
dissatisfied with the decision of the supervising
captain 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 five (5) days
following receipt of the supervising captain'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 ten (10) 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 ten (10) working days after the meeting.
30
William Avery & Associates
19 408 399 4423
W915l97 04:10PM 632133
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 five
(5) days following receipt of the Police Chief's
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
captain 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 ten (10) 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 ten (10) working days after the meeting.
The decision of the City Manager shall be final.
HNNErer-TTIr-MW111147-TITME
A general grievance affecting more than one NBPEA member
may be filed by NBPEA on behalf of the affected
employees with the Chief of Police. 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 NBPEA. The Chief of Police shall
meet with NBPEA representatives within ten (10) days
following receipt of the grievance and provide a written
decision on the grievance within ten (10) working days
after the meeting. In the event NBPEA 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 employees. In
the event NBPEA 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) days after receipt of the decision.
1. The City and Association agree to reopen negotiations on
the issue of bilingual pay by September 1, 1997.
Subject to justification to and approval by the City
Council, the intent of the parties is to develop a
bilingual pay program for implementation by January 1,
1998 (paying at least the average of Orange County
Polices agencies - $75.00).
31
0
0
0
9
0
William Avery & Associates Ir4083994423 Q19/5197 04:11 PM D33/33
0
2. Disability Insurance
The City and Association agree to participate in a City-
wide committee to restructure the existing disability
insurance -leave program during the term of this
agreement.
Executed this day of
1997:
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION
By:
Steve Martinez
By:
John Adams
CITY OF NEWPORT BEACH
By:
Jan Debay
Mayor
ATTEST:
By:
LaVonne Harkless
City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
32
11
EXHIBIT A
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION ,
REPRESENTED CLASSIFICATIONS
Police Officer
Senior Dispatcher
Dispatcher
Senior Custody Officer
Custody Officer
Computer Support Manager
Civilian Supervisor
Senior Animal Control Officer
Animal Control Officer
Senior Community Services Officer
Community Services Officer
Photo ID Technician
Station Officer
Range Master
Electronic Specialist
Fiscal Services Manager
Crime Scene Investigator
Computer Technician
Computer Applications Coordinator
Senior Crime Analyst
Crime Prevention Specialist
Video Technician
0
Pea31597 8:48 AM 9/5/97 . EXHIBIT B
POLICE MATRIX (March 15, 1997) - TO BE USED FOR PEA MEMBERS
New
Position Salary Pers Health Total Percentage Hourly Rate
safety 19.7460%
Non -Safety 11.7350%
COMPUTER TECH 1
$3,161
$371
$400
$3,932
65.91%
2137 2204 2
$3,319
$389
$400
$4,109
68.88%
3
$3,486
$409
$400
$4,295
72.00%
4
$3,646
$428
$400
$4,474
75.00%
5
$3,859
$453
$400
$4,712
79.00%
6
$4,019
$472
$400
$4,891
82.00%
7
$4,233
$497
$400
$5,130
86.00%
8
$4,447
$522
$400
$5,369
90.00%
CPTR APPS CORD 1
$4,107
$482
$400
$4,989
83.63%
2
$4,312
$506
$400
$5,218
87.480/6
3
$4,528
$531
$400
$5,459
91.520/6
4
$4,754
$558
$400
$5,712
95.76%
5
$4,992
$586
$400
$5,978
100.22%
6
$5,242
$615
$400
$6,257
104.900/6
7
$5,504
$646
$400
$6,550
109.800/0
8
$5,779
$678
$400
$6,857
114.95°/6
SR CRIME ANALYST 1
$3,018
$354
$400
$3,772
63.24°/6
2
$3,168
$372
$400
$3,940
66.06%
3
$3,328
$391
$400
$4,118
69.040/6
4
$3,492
$410
$400
$4,302
72.12°%
5
$3,667
$430
$400
$4,497
75.39°%
6
$3,849
$452
$400
$4,701
78.81°%
7
$4,042
$474
$400
$4,916
82.41%
8
$4,243
$498
$400
$5,141
86.19%
CRIME PREV SPEC 1
$2,861
$336
$400
$3,597
60.30%
2
$3,004
$353
$400
$3,757
62.98°%
3
$3,154
$370
$400
$3,924
65.78°%
4
$3,312
$389
$400
$4,101
68.75°%
5
$3,478
$408
$400
$4,286
71.86%
6
$3,652
$429
$400
$4,481
75.12%
7
$3,835
$450
$400
$4,685
78.54°%
8
$4,027
$473
$400
$4,900
82.15%
VIDEO TECHNICIAN 1
$3,373
$396
$400
$4,169
69.89%
2
$3,542
$416
$400
$4,358
73.06°A
3
$3,719
$436
$400
$4,555
76.36%
4
$3,905
$458
$400
$4,763
79.85%
5
$4,100
$481
$400
$4,981
83.50°A
6
$4,305
$505
$400
$5,210
87.35%
7
$4,520
$530
$400
$5,450
91.37%
8
$4,746
$557
$400
$5,703
95.60°A
18.23654
19.14808
20.11154
21.03462
22.26346
23.18654
24.42115
25.65577
23.69423
24.87692
26.12308
27.42692
28:80000
30.24231
31.75385
33.34038
17.41154
18.27692
19.20000
20.14615
21.15577
22.20577
23.31923
24.47885
16.50577
17.33077
18.19615
19.10769
20.06538
21.06923
22.12500
23.23269
19.45962
20.43462
21.45577
22.52885
23.65385
24.83664
26.07692
27.38077
Pea31597 8-.48AM 915197 • • EXHIBIT B
POLICE MATRIX (March 15, 1997) - TO BE USED FOR PEA MEMBERS
New
Position Salary Pers Health Total Percentage Hourly Rat
Safety 19.7460%
Non -Safety 11.7350%
Police Officer 1
$3,304
$652
$400
$4,356
71.1
2030 2015 2
$3,470
$685
$400
$4,555
74.6
3
$3,643
$719
$400
$4,762
78.4
4
$3,824
$755
$400
$4,979
82.3
5
$4,015
$793
$400
$5,208
86.4
6
$4,215
$832
$400
$5,447
90.7
7
$4,426
$874
$400
$5,700
95.2
8
$4,647
$918
$400
$5,965
100.0
9
S4,879
$963
$400
$6,242
105.0
10
S5,112
$1,009
$400
$6,521
110.0
11
$5,228
$1,032
$400
$6,660
112.5
12
$5,344
$1,055
$400
$6,799
115.0
Sz'rge t 1
$4,460
$881
$400
$5,741
64.44%
°
2
$4,683
$925
$400
$4,016
100.77%
3
$4,917
$971
$400
$6,288
105.81%
4
$
$10
$400
$6,582
111.11%
5
$5,42
$1,
$400
$6,891
116.66%
6
692
$1,124
$400
$7,216
122.49%
7
$5,977
$1,180
$400
1
128.61%
8
$6,279
$1,240
$400
$7,919
13%
Lie 1
$5,244
$1,035
$400
$6,679
64.44%
°
2
$5,506
$1,087
$400
$4,016
118.48%
3
5 781
$1,142
$400
$7,323
124.40%
4
$6,0
$1
$400
$7,669
130.62%
5
$6,39
$1,
$400
$8,057
137.60%
6
6,693
$1,322
$400
$8,415
144.02%
7
57,027
$1,388
$400
1
151.22%
8
$7,379
$1,457
$400
$9,236
°
Cap 1
$6,161
$1,217
$398
$7,776
64.44%
/°
2
$6,469
$1,277
$399
$4,016
139.21%
3
793
$1,341
$400
$8,534
146.17%
4
$7,13
1
$400
$8,940
153.48%
5
$7,48
$1,
$400
$9,368
161.16%
6
1864
$1,553
$400
$9,817
169.22%
7
$8,257
$1,630
$400
1
177.68%
8
$8,669
S1,712
$400
$10,781
°
SR DISPATCHER 1
$3,082
$362
$400
$3,844
64.44%
2210 2200 2
$3,236
$380
$400
$4,016
67.33%
3
$3,397
$399
$400
$4,196
70.35%
4
$3,566
$418
$400
$4,385
73.51%
5
$3,743
$439
$400
$4,582
76.82%
6
$3,928
$461
$400
$4,789
80.29%
7
$4,122
$484
$400
$5,006
83.93%
8
$4,327
$508
$400
$5,235
7P/.Jl
19.06154
20.01923
21.01731
22.06154
23.16346
24.31731
25.53462
26.80962
28.14808
29.49231
30.16154
30.83077
25.73077
27.01731
28.36731
29.78654
31.27500
32.83846
34.48269
36.22500-
30.25385
31.76538
33.35192
35.01923
36.88846
38.61346
40.54038
42.57115
35.54423
37.32115
39.19038
41.14615
43.20577
45.36923
47.63654
50.01346
17.78077
18.66923
19.59808
20.57308
21.59423
22.66154
23.7807
24.96346
0
. Pea31597 8:48 AM 815187 EXHIBIT B
POLICE MATRIX (March 15, 1997) - TO BE USED FOR PEA MEMBERS
New
Position Sala Pers Health Total Percentage Hourly Rate
Safety 19.7460%
Non -Safety 11.7350%
DISPATCHER 1
$2,667
$313
$400
$3,380
56.66%
2200 2170 2
$2,800
$329
$400
$3,529
59.16%
3
$2,941
$345
$400
$3,686
61.80%
4
$3,085
$362
$400
$3,847
64.50%
5
$3,238
$380
$400
$4,018
67.36%
6
$3,397
$399
$400
$4,196
70.36%
7
$3,566
$418
$400
$4,385
73.51%
8
$3,743
$439
$400
$4,582
76.82%
SR CUSTODY 1
$3,038
$357
$400
$3,795
63.62%
2150 2195 2
$3,191
$374
$400
$3,966
66.48%
3
$3,351
$393
$400
$4,144
69.47%
4
$3,516
$413
$400
$4,329
72.57%
5
$3,690
$433
$400
$4,523
75.82%
6
$3,871
$454
$400
$4,725
79.22%
7
$4,064
$477
$400
$4,941
82.84%
8
$4,265
$500
$400
$5,166
86.61%
CUSTODY 1
$2,629
$309
$400
$3,337
55.95%
2140 2155 2
$2,760
$324
$400
$3,484
58.41%
3
$2,899
$340
$400
$3,639
61.01%
4
$3,042
$357
$400
$3,799
63.69%
5
$3,191
$374
$400
$3,966
66.49%
6
$3,351
$393
$400
$4,144
69.47%
7
$3,516
$413
$400
$4,329
72.57%
8
$3,691
$433
$400
$4,524
75.84%
2225 2
$4,952
$581
$400
$5,933
3
$5,201
$610
$400
$6,211 1
4
$5,460
$641
$400
$6,501 1
5
$5,731
$673
$400
$6,804 1
6
$6,016
$706
$400
$7,122 1
7
$6,313
$741
$400
$7,454 1
8
$6.628
$778
$400
$7.806 1
80 2215 2
$3,682
$432
$400
$4,514
75.
3
$3,866
$454
$400
$4,720
79.
4
$4,058
$476
$400
$4,934
82.
5
$4,259
$500
$400
$5,159
86.
6
$4,470
$525
$400
$5,394
90.
7
$4,691
$550
$400
$5,642
94.
8
$4.923
$578
$400
$5.901
98.
15.38654
16.15385
16.96731
17.79808
18.68077
19.59808
20.57308
21.59423
17.52692
18.40962
19.33269
20.28462
21.28846
22.33269
23.44615
24.60577
15.16731
15.92308
16.72500
17.55000
18.40962
19.33269
20.28462
21.29423
27.21346
28.56923
30.00577
31.50000
33.06346
34.70769
36.42115
38.23846
20.23269
21.24231
22.30385
23.41154
24.57115
25.78846
27.06346
28.40192
Pea31597 8:48 AM 9/5/97 .
POLICE MATRIX (March 15, 9997) - TO BE USED FOR PEA MEMBERS
New
Position Salary Pers Health Total Percentage
Safety 19.7460%
Non -Safety 11.7350%
EXHIBIT B
SR ACO 1
$3,021
$355
$400
$3,776
63.30%
2120 2190 2
$3,173
$372
$400
$3,945
66.14%
3
$3,331
$391
$400
$4,122
69.10%
4
$3,496
$410
$400
$4,306
72.18%
5
$3,669
$431
$400
$4,499
75.42%
6
$3,850
$452
$400
$4,702
78.83°%
7
$4,041
$474
$400
$4,915
82.40%
11 8
$4,241
$498
$400
$5,139
86.1 F/
ACO 1
$2,614
$307
$400
$3,321
55.67%
2110 2150 2
$2,744
$322
$400
$3,466
58.11%
3
$2,882
$338
$400
$3,620
60.691/6
4
$3,024
$355
$400
$3,779
63.35°%
5
$3,174
$372
$400
$3,946
66.16%
6
$3,331
$391
$400
$4,122
69.10%
7
$3,496
$410
$400
$4,306
72.18%
8
$3,669
$431
$400
$4,499
74.42°%
SR CSO 1
$2,577
$302
$400
$3,279
64.97%
2195 2140 2
$2,758
$324
$400
$3,482
58.37°%
3
$2,841
$333
$400
$3,574
59.92%
4
$2,979
$350
$400
$3,729
62.52°%
5
$3,128
$367
$400
$3,895
65.29°%
6
$3,283
$385
$400
$4,068
68.19°%
7
$3,444
$404
$400
$4,248
71.22%
11 8
$3,615
$424
$400
$4,439
74.42°%
CSO 1
$2,025
$238
$400
$2,663
44.65%
2190 2105 2
$2,127
$250
$400
$2,777
46.55°%
3
$2,233
$262
$400
$2,895
48.54°%
4
$2,344
$275
$400
$3,019
50.61°%
5
$2,459
$289
$400
$3,148
52.77%
6
$2,579
$303
$400
$3,282
55.02°%
7
$2,708
$318
$400
$3,426
57.43°%
8
$2,841
$333
$400
$3,574
59.92%
9
$2,981
$350
$400
$3,731
62.54°%
10
$3,128
$367
$400
$3,895
2185 2
$3,048
$358
$400
$3,806
3
$3,200
$376
$400
$3,976
4
$3,361
$394
$400
$4,155
5
$3,526
$414
$400
$4,340
6
$3,701
$434
$400
$4,535
7
$3,884
$456
$400
$4,740
8
$4,077
$478
$400
$4,955
Hourly Rate
17.42885
18.30577
19.21731
20.16923
21.16731
22.21154
23.31346
24.46731
15.08077
15.83077
16.62692
17.44615
18.31154
19.21731
20.16923
21.16731
14.86731
15.91154
16.39038
17.18654
18.04615
18.94038
19.86923
20.85577
11.68269
12.27115
12.88269
13.52308
14.18654
14.87885
15.62308
16.39038
17.19808
18.04615
16.74231
17.58462
18.46154
19.39038
20.34231
21.35192
22.40769
23.521150
0
0
,Pea31597 8:48 AM 915197 . EXHIBIT B
POLICE MATRIX (March 15, 1997) - TO BE USED FOR PEA MEMBERS
New
Position Salary Pers Health Total Percentage Hourly Rate
Safety 19.7460%
Non -Safety 11.7350%
STA OFCR 1
$2,614
$307
$400
$3,321
55.67%
2300 2150 2
$2,744
$322
$400
$3,466
58.11%
3
$2,882
$338
$400
$3,620
60.69%
4
$3,024
$355
$400
$3,779
63.35%
5
$3,174
$372
$400
$3,946
66.16%
6
$3,331
$391
$400
$4,122
69.10%
7
$3,496
$410
$400
$4,306
72.18%
8
$3,669
$431
$400
$4,499
75.42%
RANGE MSTR 1
$2,613
$307
$400
$3,320
55.65%
2270 2145 2
$2,743
$322
$400
$3,465
68.09%
3
$2,880
$338
$400
$3,618
60.66%
4
$3,022
$355
$400
$3,777
63.32%
5
$3,171
$372
$400
$3,943
66.11%
6
$3,328
$391
$400
$4,118
69.04%
7
$3,493
$410
$400
$4,303
72.13%
8
$3,665
$430
$400
$4,495
75.36%
ELECTRONIC SPEC 1
$3,377
$396
$400
$4,173
69.950/0
2160 2205 2
$3,645
$416
$400
$4,361
73.11%
3
$3,719
$436
$400
$4,555
76.36%
4
$3,903
$458
$400
$4,761
79.81%
5
$4,096
$481
$400
$4,977
83.43%
6
$4,299
$504
$400
$5,204
87.24%
7
$4,512
$529
$400
$5,442
91.23%
8
$41736
$556
$400
$5,692
95.42%
FISCAL SVC MGR 1
$3,937
$462
$400
$4,799
80.46%
2170 2203 2
$4,135
$485
$400
$5,020
84.15%
3
$4,342
$510
$400
$5,251
88.03%
4
$4,576
$537
$400
$5,513
92.43%
6
$4,823
$566
$400
$5,789
97.06%
6
$5,082
$596
$400
$6,078
101.900/0
7
$5,364
$628
$400
$6,382
106.99%
8
$5,639
$662
$400
$6,701
112.34%
CRIME SCENE INV 1
$2,604
$306
$400
$3,310
55.49%
2132 2143 2
$2,735
$321
$400
$3,466
67.93%
3
$2,871
$337
$400
$3,608
60.48%
4
$3,012
$353
$400
$3,766
63.140/6
5
$3,163
$371
$400
$3,934
65.95°h
6
$3,320
$390
$400
$4,110
68.90%
7
$3,485
$409
$400
$4,294
71.98%
8
$3,660
$430
$400
$4,489
75.250/6
15.08077
15.83077
16.62692
17.44615
18.31154
19.21731
20.16923
21.16731
15.07500
15.82500
16.61538
17.43462
18.29423
19.20000
20.15192
21.14423
19.48269
20.45192
21.45577
22.51731
23.63077
24.80192
26.03077
27.32308
22.71346
23.85577
25.05000
26.40000
27.82500
29.31923
30.88846
32.53269
15.02308
15.77885
16.56346
17.37692
18.24808
19.16385
20.10677
21.11538
0 0
SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING
•
This Supplemental Memorandum of Understanding (SMOU) between the City of Newport
Beach (City) and the Newport Beach Police Employees Association (NBPEA) is dated the
day of 1997, for purposes of identification and is based on the following:
A. City and NBPEA have entered into a Memorandum of Understanding (MOU) regarding
matters within the scope of representation and which is to be executed
contemporaneously with this SMOU.
B. The term of the MOU expires December 31, 1998 and this SMOU implements elements
of the agreement of the Parties which are to take effect on or after July 1, 1998.
C. This SMOU and the MOU collectively achieve the objectives of the Parties as described
in the Recitals to the MOU.
D. The SMOU is intended, among other things, to establish general guidelines for meeting
and conferring regarding matters within the scope of representation while providing for
periodic and mandatory adjustments necessary to ensure that Modified Total
Compensation for NBPEA members is, on specified dates during the term, at least equal
to the average of the Modified Total Compensation paid to the five (5) Benchmark
Positions with the highest Modified Total Compensation.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Definitions
For purposes of this SMOU, the terms Total Compensation, Benchmark Position,
League Survey and Criteria Salary shall be defined/calculated as specified in the MOU.
2. Term/Effective Date
The term of this SMOU shall commence on July 1, 1998, and expire on July 1, 2001.
This SMOU shall be effective: (a) when signed by authorized representatives of the
Parties; and (b) upon execution of the SMOU by authorized representatives of the
Parties.
3. General Criteria for Negotiations
The Parties shall, commencing in July of 1998, and July of 1999, and July 2000, if
required due to the expiration of an MOU approved subsequent to the current MOU,
meet and confer on all matters within the scope of representation with the intent to reach
agreement on an MOU to be effective the first pay period the following January. The
Parties shall consider in good faith all relevant information and data presented to each
other during the meeting and conferring.
4. Leave Accrual
NBPEA members shall have the option, beginning with any negotiations regarding salary
which occur on or after October, 1998, to elect to increase their salary by .4% or .8% by
agreeing to reduce their annual flex or vacation leave accrual by one (1) or two (2) days
respectively. The option to exchange leave accrual for salary shall not limit or restrict
the right of NBPEA to meet and confer regarding leave accrual rates and/or salaries or
modify City's obligation to modify salaries if otherwise required by this SMOU or other
agreement of the Parties.
5. Supplemental Adjustments
Effective the first pay period in July, 1998, 1999, 2000, and 2001, the City shall, if
necessary, increase Modified Total Compensation (Total Compensation less employer
retirement contributions but including employer "pickup" or payment of employee
retirement contributions) paid to NBPEA members to a level at least equal to .8% below
the average Modified Total Compensation paid to the five (5) Benchmark Positions with
the highest Modified Total Compensation. (If the Association exercises its option to
increase salaries pursuant to Section 4 above; the adjustment will be to .4% below the
average, or to the average, respectively.) The comparison of Modified Total
Compensation shall be based on the League Survey published in the proceeding January,
subject to verification of accuracy by the City and/or NBPEA with the results of
verification to be shared by the Parties. Any dispute among the parties as to the actual
total compensation paid in any benchmark position in another law enforcement agency
within the County of Orange shall be resolved by reference to the governing collective
bargaining agreement and/or enactment of the applicable public agency.
6. Adjustment Procedures
Once the appropriate increase in Modified Total Compensation has been agreed to
(subsequent to meet and confer) or calculated (in the case of increases in the first pay
period in July that may be necessary to comply with Section 4), City shall calculate the
corresponding increase in the Criteria Salary for the Benchmark Position in Newport
Beach necessary to achieve the appropriate level of Modified Total Compensation and
increase salaries for all classifications represented by NBPEA in accordance with the
revised multipliers in the Matrix.
0
ATTEST:
LE
Executed this day of 1997:
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION
Un
LE
Steve Martinez
John Adams
CITY OF NEWPORT BEACH
wl
Jan Debay
Mayor
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
0
0
0