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C-2056 - MOU's - Newport Beach Police Association (NBPA) [formally Newport Beach Police Employees Association (NBPEA)]
SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE ASSOCIATION This Side Letter of Agreement ("Agreement") between the CITY OF NEWPORT BEACH ("City") and the NEWPORT BEACH POLICE ASSOCIATION ("Association") (collectively, "Parties") is entered into with respect to the following: WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 2021-129 approving a Memorandum of Understanding ("MOU") between the Parties with a term of July 1, 2021, through November 30, 2025; and WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 2023- 19 approving a Side Letter of Agreement with the Association amending Section 2 Compensation, Subpart B of the MOU, making modifications to the salary schedule for the classification of Police Officer, which changes were effective the pay period that included July 1, 2023 ("July 2023 Side Letter"); WHEREAS, the Parties share a mutual desire to enhance the ability of the City of Newport Beach Chief of Police to recruit lateral law enforcement officers in the classification of Police Officer; WHEREAS, the Parties have met and conferred and agreed to supplement Section 2(B)(1) of the July 2023 Side Letter, as set forth below; and WHEREAS, this Agreement will not have the effect of an agreement and will not be binding on either party until it is approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. Section 2 Compensation, Subsection B, Salary Schedule Adjustments, Subsection (1), Police Officer Classification, of the July 2023 Side Letter shall be amended to add Section 2(B)(1)(4) to read as follows: "4. Effective the pay period following City Council adoption of this Agreement, the Chief of Police shall have the discretion to place lateral police officers in steps 11 or 12 upon hire. The movement through any remaining steps shall be based upon years of service with the City of Newport Beach as set forth in the Side Letter dated April 11, 2023." 2. Except as modified herein, all other existing wages, hours and other terms and conditions of employment shall remain unchanged and shall be in full force and effect. [SIGNATURES ON FOLLOWING PAGE] NBPA Side Letter Agreement — February 2024 Executed this ,30 day of SAr-1yAf,Y, 2024 ATTEST: FOR THE NEWPORT BEACH POLICE ASSOCIATION: By:/Ir�4, c/ IL oseph De Julio, 1resident FOR THE CITY OF NEWPORT BEACH: By: Will O'Neill, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: ffo Aaron C. Harp, City Attorney NEvv By: jq Leilani Brown, ity Clerk O WAt NBPA Side Letter Agreement — February 2024 SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE ASSOCIATION This Side Letter of Agreement ("Agreement") is made and entered by and between the City of Newport Beach ("City") and the Newport Beach Police Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 2021-129 approving a Memorandum of Understanding ("MOU") between the Parties with a term of July 1, 2021, through November 30, 2025; WHEREAS, given increases in the Cost -of -Living and to aid in the recruitment and retention of valuable employees, the Parties wish to modify the MOU; WHEREAS, on / kco Zd2 , 2023, this Agreement was ratified by the Association; and WHEREAS, this Agreement will not have the effect of an agreement, and will not be binding on either party, until it is approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. The Table of Contents for the MOU shall be amended, in part, to modify Section 2 Compensation, Subpart B, which currently reads `B. Salary Schedule for Classification of Police Officer" to read as follows: B. Salary Schedule Adjustments 2. Section 2, Compensation, Subsection B, Salary Schedule for the Classification of Police Officer, of the MOU shall be amended to read as follows: B. Salary Schedule Adjustments 1. Police Officer Classification Effective the pay period that includes July 1, 2023, the salary schedule for the classification of Police Officer will be expanded from eleven (11) steps to twelve (12) steps and the following will be implemented: 1. Police Officers are eligible to move between Steps 2-10 annually. 2. Police Officers are eligible to move from Step 10 to 11 after being at Step 10 with the City of Newport Beach for three (3) years. 3. Police Officers are eligible to move from Step 11 to 12 after being at Step 11 with the City of Newport Beach for five (5) years. NBPA Side Letter Agreement — July 2023 For Police Officers who have been at Steps 9 10 or 11 for less than 12 months as of June 30, 2023, under the MOU in effect prior to entry into this Agreement: No change in step. These Police Officers are eligible to advance to the next step after completing 12 months at their current step. They will advance through the steps as noted above. For Police Officers who have been at Steps 9 10 or 11 for 12 months or more as of June 30, 2023, under the MOU in effect prior to entry into this Agreement the followingshall hall apply: Police Officers who have been at Step 9 for more than 12 months as of June 30, 2023, will advance to Step 10 in the pay period that includes July 1, 2023. Their next eligible date to advance to Step 11 will be one year after the end of their three- year waiting period. Police Officers who have been at Step 10 for more than 12 months as of June 30, 2023, will advance to Step 11 in the pay period that include July 1, 2023. Their next eligible date to advance to Step 12 will be one year after the end of their five- year waiting period. Police Officers who have been at Step 11 for more than 12 months as of July 30, 2023, will advance to Step 12 in the pay period that includes July 1, 2023. Example: Last Step Increase November 2021: A Police Officer at Step 9 will advance to Step 10 in the pay period that includes July 1, 2023, and will be eligible to move to step I in November 2025. A Police Officer at Step 10 will advance to Step I in the pay period that includes July 1, 2023 and will be eligible to move to Step 12 in November 2027. A Police Officer at Step I will advance to Step 12 in the pay period that includes July 1, 2023. Top step. The Parties agree that Step 1 is not being eliminated and Step 12 is the new top step. 2. Non -Sworn Classifications Effective the pay period which includes July 1, 2023, the City will add a new top step ("New Top Step") to the salary schedule for all non -sworn represented positions, which shall be five percent (5%) more than the current top step ('`Current Top Step"). The Parties acknowledge and agree: (1) that the first step for all non -sworn represented positions currently in effect is not being eliminated, and (2) there will be no adjustment to the Police Recruit salary step. With the following exception, step advancement through the salary ranges is unaffected by the addition of the New Top Step: NBPA Side Letter Agreement — July 2023 Non -Sworn Employees who have been at the Current Top Step for longer than 12 months as of June 30, 2023, will advance to the New Top Step in the pay period which includes July 1, 2023. Exhibit B of the MOU is replaced in its entirety with Exhibit B to this Agreement, which is attached hereto and incorporated herein by this reference. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the MOU shall remain unchanged and shall be in full force and effect. Signatures on the next page NBPA Side Letter Agreement — July 2023 Executed this U day of _1P Q ! t , 2023. FOR THE NEWPORT BEACH POLICE ASSOCIATION: By: _//, M,a Fasano, resi ent FOR THE CITY OF NEWPORT BEACH: f�1■fit■17►1■PiL. I'MM MMa:� APPROVED AS TO FORM: By: C. e.", Aaron C. Harp, City Attorney ATTEST: Leilani Brown, tity Clerk V l_ P cgc�Foa�'� Attachment: Exhibit B — Salary Schedule NBPA Side Letter Agreement — July 2023 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 1, 2023 - Additional Step Police Animal Control Officer 52 1 $ 28.91 $ 5,010 $ 60,124 Police Animal Control Officer 52 2 $ 30.35 $ 5,260 $ 63,125 Police Animal Control Officer 52 3 $ 31.88 $ 5,526 $ 66,309 Police Animal Control Officer 52 4 $ 33.46 $ 5,801 $ 69,606 Police Animal Control Officer 52 5 $ 35.15 $ 6,092 $ 73,108 Police Animal Control Officer 52 6 $ 36.91 $ 6,397 $ 76,769 Police Animal Control Officer 52 7 $ 38.76 $ 6,718 $ 80,612 Police Animal Control Officer 52 8 $ 40.69 $ 7,053 $ 84,638 Police Animal Control Officer 52 9 $ 42.73 $ 7,406 $ 88,869 Police Animal Control Officer, Senior 90 1 $ 33.32 $ 5,776 $ 69,311 Police Animal Control Officer, Senior 90 2 $ 35.03 $ 6,071 $ 72,858 Police Animal Control Officer, Senior 90 3 $ 36.77 $ 6,373 $ 76,474 Police Animal Control Officer, Senior 90 4 $ 38.60 $ 6,691 $ 80,294 Police Animal Control Officer, Senior 90 5 $ 40.52 $ 7,023 $ 84,273 Police Animal Control Officer, Senior 90 6 $ 42.56 $ 7,377 $ 88,526 Police Animal Control Officer, Senior 90 7 $ 44.68 $ 7,745 $ 92,937 Police Animal Control Officer, Senior 90 8 $ 46.92 $ 8,133 $ 97,599 Police Animal Control Officer, Senior 90 9 $ 49.27 $ 8,540 $ 102,479 Police Civilian Custody Supervisor 15B 1 $ 38.65 $ 6,699 $ 80,385 Police Civilian Custody Supervisor 15B 2 $ 40.58 $ 7,034 $ 84,410 Police Civilian Custody Supervisor 15B 3 $ 42.60 $ 7,385 $ 88,617 Police Civilian Custody Supervisor 15B 4 $ 44.73 $ 7,752 $ 93,029 Police Civilian Custody Supervisor 15B 5 $ 46.99 $ 8,145 $ 97,735 Police Civilian Custody Supervisor 15B 6 $ 49.33 $ 8,550 $ 102,602 Police Civilian Custody Supervisor 15B 7 $ 51.80 $ 8,978 $ 107,741 Police Civilian Custody Supervisor 15B 8 $ 54.38 $ 9,426 $ 113,108 Police Civilian Custody Supervisor 15B 9 $ 57.10 $ 9,897 $ 118,763 Police Civilian Investigator 43A 1 $ 30.57 $ 5,298 $ 63,580 Police Civilian Investigator 43A 2 $ 32.11 $ 5,566 $ 66,786 Police Civilian Investigator 43A 3 $ 33.72 $ 5,844 $ 70,129 Police Civilian Investigator 43A 4 $ 35.39 $ 6,134 $ 73,609 Police Civilian Investigator 43A 5 $ 37.16 $ 6,441 $ 77,292 Police Civilian Investigator 43A 6 $ 39.02 $ 6,763 $ 81,158 Police Civilian Investigator 43A 7 $ 40.95 $ 7,099 $ 85,183 Police Civilian Investigator 43A 8 $ 43.02 $ 7,457 $ 89,481 Police Civilian Investigator 43A 9 $ 45.17 $ 7,830 $ 93,955 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 1, 2023 - Additional Step Police Civilian Supervisor 15 1 $ 38.65 $ 6,699 $ 80,385 Police Civilian Supervisor 15 2 $ 40.58 $ 7,034 $ 84,410 Police Civilian Supervisor 15 3 $ 42.60 $ 7,385 $ 88,617 Police Civilian Supervisor 15 4 $ 44.73 $ 7,752 $ 93,029 Police Civilian Supervisor 15 5 $ 46.99 $ 8,145 $ 97,735 Police Civilian Supervisor 15 6 $ 49.33 $ 8,550 $ 102,602 Police Civilian Supervisor 15 7 $ 51.80 $ 8,978 $ 107,741 Police Civilian Supervisor 15 8 $ 54.38 $ 9,426 $ 113,108 Police Civilian Supervisor 15 9 $ 57.10 $ 9,897 $ 118,763 Police Community Services Officer 05 1 $ 23.21 $ 4,023 $ 48,277 Police Community Services Officer 05 2 $ 24.35 $ 4,220 $ 50,642 Police Community Services Officer 05 3 $ 25.58 $ 4,434 $ 53,211 Police Community Services Officer 05 4 $ 26.86 $ 4,656 $ 55,872 Police Community Services Officer 05 5 $ 28.18 $ 4,885 $ 58,623 Police Community Services Officer 05 6 $ 29.61 $ 5,132 $ 61,579 Police Community Services Officer 05 7 $ 31.09 $ 5,389 $ 64,672 Police Community Services Officer 05 8 $ 32.62 $ 5,655 $ 67,855 Police Community Services Officer 05 9 $ 34.26 $ 5,939 $ 71,266 Police Community Services Officer 05 10 $ 36.00 $ 6,240 $ 74,882 Police Community Services Officer 05 11 $ 37.80 $ 6,552 $ 78,626 Police Community Services Officer, Senior 40 1 $ 29.59 $ 5,130 $ 61,554 Police Community Services Officer, Senior 40 2 $ 31.07 $ 5,386 $ 64,632 Police Community Services Officer, Senior 40 3 $ 32.63 $ 5,655 $ 67,863 Police Community Services Officer, Senior 40 4 $ 34.26 $ 5,938 $ 71,257 Police Community Services Officer, Senior 40 5 $ 35.97 $ 6,235 $ 74,819 Police Community Services Officer, Senior 40 6 $ 37.77 $ 6,547 $ 78,561 Police Community Services Officer, Senior 40 7 $ 39.66 $ 6,874 $ 82,488 Police Community Services Officer, Senior 40 8 $ 41.64 $ 7,218 $ 86,613 Police Community Services Officer, Senior 40 9 $ 43.72 $ 7,579 $ 90,944 Police Computer Systems Manager 25 1 $ 54.73 $ 9,486 $ 113,835 Police Computer Systems Manager 25 2 $ 57.47 $ 9,962 $ 119,543 Police Computer Systems Manager 25 3 $ 60.34 $ 10,458 $ 125,501 Police Computer Systems Manager 25 4 $ 63.37 $ 10,983 $ 131,800 Police Computer Systems Manager 25 5 $ 66.50 $ 11,527 $ 138,326 Police Computer Systems Manager 25 6 $ 69.86 $ 12,109 $ 145,307 Police Computer Systems Manager 25 7 $ 73.35 $ 12,713 $ 152,561 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 1, 2023 - Additional Step Police Computer Systems Manager 25 8 $ 77.00 $ 13,346 $ 160,156 Police Computer Systems Manager 25 9 $ 80.85 $ 14,014 $ 168,164 Police Crime Analyst, Senior 87 1 $ 33.32 $ 5,776 $ 69,311 Police Crime Analyst, Senior 87 2 $ 35.03 $ 6,071 $ 72,858 Police Crime Analyst, Senior 87 3 $ 36.77 $ 6,373 $ 76,474 Police Crime Analyst, Senior 87 4 $ 38.60 $ 6,691 $ 80,294 Police Crime Analyst, Senior 87 5 $ 40.52 $ 7,023 $ 84,273 Police Crime Analyst, Senior 87 6 $ 42.56 $ 7,377 $ 88,526 Police Crime Analyst, Senior 87 7 $ 44.68 $ 7,745 $ 92,937 Police Crime Analyst, Senior 87 8 $ 46.92 $ 8,133 $ 97,599 Police Crime Analyst, Senior 87 9 $ 49.27 $ 8,540 $ 102,479 Police Crime Prevention Specialist 21 1 $ 31.64 $ 5,484 $ 65,809 Police Crime Prevention Specialist 21 2 $ 33.24 $ 5,761 $ 69,129 Police Crime Prevention Specialist 21 3 $ 34.89 $ 6,047 $ 72,563 Police Crime Prevention Specialist 21 4 $ 36.65 $ 6,352 $ 76,223 Police Crime Prevention Specialist 21 5 $ 38.48 $ 6,670 $ 80,044 Police Crime Prevention Specialist 21 6 $ 40.41 $ 7,004 $ 84,046 Police Crime Prevention Specialist 21 7 $ 42.41 $ 7,351 $ 88,207 Police Crime Prevention Specialist 21 8 $ 44.55 $ 7,722 $ 92,665 Police Crime Prevention Specialist 21 9 $ 46.78 $ 8,108 $ 97,298 Police Crime Scene Investigator 43 1 $ 30.57 $ 5,298 $ 63,580 Police Crime Scene Investigator 43 2 $ 32.11 $ 5,566 $ 66,786 Police Crime Scene Investigator 43 3 $ 33.72 $ 5,844 $ 70,129 Police Crime Scene Investigator 43 4 $ 35.39 $ 6,134 $ 73,609 Police Crime Scene Investigator 43 5 $ 37.16 $ 6,441 $ 77,292 Police Crime Scene Investigator 43 6 $ 39.02 $ 6,763 $ 81,158 Police Crime Scene Investigator 43 7 $ 40.95 $ 7,099 $ 85,183 Police Crime Scene Investigator 43 8 $ 43.02 $ 7,457 $ 89,481 Police Crime Scene Investigator 43 9 $ 45.17 $ 7,830 $ 93,955 Police Crime Scene Investigator, Senior 86 1 $ 33.06 $ 5,730 $ 68,765 Police Crime Scene Investigator, Senior 86 2 $ 34.71 $ 6,017 $ 72,199 Police Crime Scene Investigator, Senior 86 3 $ 36.44 $ 6,316 $ 75,792 Police Crime Scene Investigator, Senior 86 4 $ 38.23 $ 6,627 $ 79,521 Police Crime Scene Investigator, Senior 86 5 $ 40.17 $ 6,962 $ 83,546 Police Crime Scene Investigator, Senior 86 6 $ 42.17 $ 7,309 $ 87,707 Police Crime Scene Investigator, Senior 86 7 $ 44.29 $ 7,677 $ 92,119 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 1, 2023 - Additional Step Police Crime Scene Investigator, Senior 86 8 $ 46.51 $ 8,061 $ 96,735 Police Crime Scene Investigator, Senior 86 9 $ 48.83 $ 8,464 $ 101,572 Police Custody Officer 55 1 $ 29.03 $ 5,031 $ 60,374 Police Custody Officer 55 2 $ 30.50 $ 5,287 $ 63,444 Police Custody Officer 55 3 $ 32.00 $ 5,547 $ 66,559 Police Custody Officer 55 4 $ 33.62 $ 5,827 $ 69,924 Police Custody Officer 55 5 $ 35.29 $ 6,117 $ 73,404 Police Custody Officer 55 6 $ 37.06 $ 6,424 $ 77,088 Police Custody Officer 55 7 $ 38.90 $ 6,742 $ 80,908 Police Custody Officer 55 8 $ 40.85 $ 7,082 $ 84,978 Police Custody Officer 55 9 $ 42.90 $ 7,436 $ 89,227 Police Dispatcher 70 1 $ 29.58 $ 5,128 $ 61,534 Police Dispatcher 70 2 $ 31.07 $ 5,386 $ 64,626 Police Dispatcher 70 3 $ 32.61 $ 5,653 $ 67,832 Police Dispatcher 70 4 $ 34.24 $ 5,935 $ 71,221 Police Dispatcher 70 5 $ 35.98 $ 6,236 $ 74,837 Police Dispatcher 70 6 $ 37.76 $ 6,545 $ 78,543 Police Dispatcher 70 7 $ 39.65 $ 6,873 $ 82,477 Police Dispatcher 70 8 $ 41.63 $ 7,216 $ 86,593 Police Dispatcher 70 9 $ 43.71 $ 7,577 $ 90,923 Police Dispatcher, Senior 99 1 $ 34.02 $ 5,897 $ 70,766 Police Dispatcher, Senior 99 2 $ 35.72 $ 6,191 $ 74,291 Police Dispatcher, Senior 99 3 $ 37.49 $ 6,498 $ 77,975 Police Dispatcher, Senior 99 4 $ 39.38 $ 6,826 $ 81,909 Police Dispatcher, Senior 99 5 $ 41.36 $ 7,169 $ 86,024 Police Dispatcher, Senior 99 6 $ 43.41 $ 7,525 $ 90,300 Police Dispatcher, Senior 99 7 $ 45.58 $ 7,900 $ 94,802 Police Dispatcher, Senior 99 8 $ 47.86 $ 8,296 $ 99,555 Police Dispatcher, Senior 99 9 $ 50.26 $ 8,711 $ 104,532 Police Electronics Specialist 05A 1 $ 37.26 $ 6,458 $ 77,497 Police Electronics Specialist 05A 2 $ 39.13 $ 6,782 $ 81,385 Police Electronics Specialist 05A 3 $ 41.08 $ 7,121 $ 85,456 Police Electronics Specialist 05A 4 $ 43.15 $ 7,479 $ 89,754 Police Electronics Specialist 05A 5 $ 45.29 $ 7,851 $ 94,211 Police Electronics Specialist 05A 6 $ 47.56 $ 8,243 $ 98,918 Police Electronics Specialist 05A 7 $ 49.94 $ 8,656 $ 103,875 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 1, 2023 - Additional Step Police Electronics Specialist 05A 8 $ 52.43 $ 9,088 $ 109,060 Police Electronics Specialist 05A 9 $ 55.05 $ 9,543 $ 114,513 Police Emergency Services Coordinator 04 1 $ 38.54 $ 6,680 $ 80,158 Police Emergency Services Coordinator 04 2 $ 40.44 $ 7,010 $ 84,114 Police Emergency Services Coordinator 04 3 $ 42.43 $ 7,354 $ 88,253 Police Emergency Services Coordinator 04 4 $ 44.57 $ 7,726 $ 92,710 Police Emergency Services Coordinator 04 5 $ 46.84 $ 8,118 $ 97,417 Police Emergency Services Coordinator 04 6 $ 49.14 $ 8,518 $ 102,215 Police Emergency Services Coordinator 04 7 $ 51.59 $ 8,942 $ 107,309 Police Emergency Services Coordinator 04 8 $ 54.19 $ 9,393 $ 112,721 Police Emergency Services Coordinator 04 9 $ 56.90 $ 9,863 $ 118,357 Police Fiscal Services/Facilities Manager 03 1 $ 44.22 $ 7,665 $ 91,982 Police Fiscal Services/Facilities Manager 03 2 $ 46.43 $ 8,048 $ 96,576 Police Fiscal Services/Facilities Manager 03 3 $ 48.75 $ 8,450 $ 101,396 Police Fiscal Services/Facilities Manager 03 4 $ 51.18 $ 8,870 $ 106,445 Police Fiscal Services/Facilities Manager 03 5 $ 53.76 $ 9,318 $ 111,811 Police Fiscal Services/Facilities Manager 03 6 $ 56.44 $ 9,784 $ 117,405 Police Fiscal Services/Facilities Manager 03 7 $ 59.28 $ 10,275 $ 123,295 Police Fiscal Services/Facilities Manager 03 8 $ 62.20 $ 10,781 $ 129,366 Police Fiscal Services/Facilities Manager 03 9 $ 65.31 $ 11,320 $ 135,835 Police Information Technology Analyst 61 1 $ 38.71 $ 6,710 $ 80,521 Police Information Technology Analyst 61 2 $ 40.66 $ 7,047 $ 84,569 Police Information Technology Analyst 61 3 $ 42.67 $ 7,396 $ 88,753 Police Information Technology Analyst 61 4 $ 44.79 $ 7,764 $ 93,165 Police Information Technology Analyst 61 5 $ 47.05 $ 8,156 $ 97,872 Police Information Technology Analyst 61 6 $ 49.39 $ 8,561 $ 102,738 Police Information Technology Analyst 61 7 $ 51.88 $ 8,992 $ 107,900 Police Information Technology Analyst 61 8 $ 54.46 $ 9,439 $ 113,267 Police Information Technology Analyst 61 9 $ 57.18 $ 9,911 $ 118,930 Police Information Technology Coordinator 02A 1 $ 45.33 $ 7,857 $ 94,279 Police Information Technology Coordinator 02A 2 $ 47.59 $ 8,249 $ 98,986 Police Information Technology Coordinator 02A 3 $ 49.98 $ 8,664 $ 103,966 Police Information Technology Coordinator 02A 4 $ 52.45 $ 9,092 $ 109,105 Police Information Technology Coordinator 02A 5 $ 55.11 $ 9,553 $ 114,631 Police Information Technology Coordinator 02A 6 $ 57.84 $ 10,026 $ 120,316 Police Information Technology Coordinator 02A 7 $ 60.74 $ 10,528 $ 126,342 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 1, 2023 - Additional Step Police Information Technology Coordinator 02A 8 $ 63.78 $ 11,055 $ 132,663 Police Information Technology Coordinator 02A 9 $ 66.97 $ 11,608 $ 139,297 Police Mechanic 1 17 1 $ 24.16 $ 4,188 $ 50,255 Police Mechanic 1 17 2 $ 25.34 $ 4,393 $ 52,711 Police Mechanic 1 17 3 $ 26.61 $ 4,612 $ 55,349 Police Mechanic 1 17 4 $ 27.95 $ 4,845 $ 58,146 Police Mechanic 1 17 5 $ 29.35 $ 5,088 $ 61,056 Police Mechanic 1 17 6 $ 30.84 $ 5,346 $ 64,149 Police Mechanic 1 17 7 $ 32.38 $ 5,613 $ 67,355 Police Mechanic 1 17 8 $ 33.98 $ 5,890 $ 70,675 Police Mechanic 1 17 9 $ 35.68 $ 6,184 $ 74,208 Police Mechanic II 18 1 $ 27.98 $ 4,849 $ 58,191 Police Mechanic 11 18 2 $ 29.36 $ 5,090 $ 61,079 Police Mechanic II 18 3 $ 30.86 $ 5,350 $ 64,195 Police Mechanic II 18 4 $ 32.42 $ 5,619 $ 67,423 Police Mechanic II 18 5 $ 34.02 $ 5,897 $ 70,766 Police Mechanic II 18 6 $ 35.72 $ 6,191 $ 74,291 Police Mechanic II 18 7 $ 37.49 $ 6,498 $ 77,975 Police Mechanic II 18 8 $ 39.38 $ 6,826 $ 81,909 Police Mechanic II 18 9 $ 41.35 $ 7,167 $ 86,004 Police Mechanic, Senior 19 1 $ 30.86 $ 5,350 $ 64,195 Police Mechanic, Senior 19 2 $ 32.42 $ 5,619 $ 67,423 Police Mechanic, Senior 19 3 $ 34.02 $ 5,897 $ 70,766 Police Mechanic, Senior 19 4 $ 35.73 $ 6,193 $ 74,313 Police Mechanic, Senior 19 5 $ 37.49 $ 6,498 $ 77,975 Police Mechanic, Senior 19 6 $ 39.38 $ 6,826 $ 81,909 Police Mechanic, Senior 19 7 $ 41.36 $ 7,169 $ 86,024 Police Mechanic, Senior 19 8 $ 43.41 $ 7,525 $ 90,300 Police Mechanic, Senior 19 9 $ 45.58 $ 7,901 $ 94,815 Police Officer 15A 1 $ 35.54 $ 6,161 $ 73,927 Police Officer 15A 2 $ 37.33 $ 6,471 $ 77,656 Police Officer 15A 3 $ 39.19 $ 6,793 $ 81,522 Police Officer 15A 4 $ 41.17 $ 7,136 $ 85,638 Police Officer 15A 5 $ 43.23 $ 7,493 $ 89,913 Police Officer 15A 6 $ 45.36 $ 7,862 $ 94,347 Police Officer 15A 7 $ 49.90 $ 8,649 $ 103,784 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 1, 2023 - Additional Step Police Officer 15A 8 $ 52.39 $ 9,081 $ 108,969 Police Officer 15A 9 $ 55.01 $ 9,536 $ 114,427 Police Officer 15A 10 $ 57.77 $ 10,013 $ 120,157 Police Officer 15A 11 $ 60.65 $ 10,513 $ 126,160 Police Officer 15A 12 $ 63.69 $ 11,039 $ 132,468 Police Rangemaster-Armorer 45 1 $ 28.83 $ 4,997 $ 59,965 Police Rangemaster-Armorer 45 2 $ 30.26 $ 5,245 $ 62,944 Police Rangemaster-Armorer 45 3 $ 31.80 $ 5,512 $ 66,150 Police Rangemaster-Armorer 45 4 $ 33.38 $ 5,785 $ 69,425 Police Rangemaster-Armorer 45 5 $ 35.06 $ 6,077 $ 72,926 Police Rangemaster-Armorer 45 6 $ 36.79 $ 6,377 $ 76,519 Police Rangemaster-Armorer 45 7 $ 38.64 $ 6,697 $ 80,362 Police Rangemaster-Armorer 45 8 $ 40.55 $ 7,028 $ 84,342 Police Rangemaster-Armorer 45 9 $ 42.58 $ 7,380 $ 88,559 Police Recruit 07 1 $ 32.19 $ 5,579 $ 66,946 Police Station Officer 52A 1 $ 28.91 $ 5,010 $ 60,124 Police Station Officer 52A 2 $ 30.35 $ 5,260 $ 63,125 Police Station Officer 52A 3 $ 31.88 $ 5,526 $ 66,309 Police Station Officer 52A 4 $ 33.46 $ 5,801 $ 69,606 Police Station Officer 52A 5 $ 35.15 $ 6,092 $ 73,108 Police Station Officer 52A 6 $ 36.91 $ 6,397 $ 76,769 Police Station Officer 52A 7 $ 38.76 $ 6,718 $ 80,612 Police Station Officer 52A 8 $ 40.69 $ 7,053 $ 84,638 Police Station Officer 52A 9 $ 42.73 $ 7,406 $ 88,869 Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual rates may vary slightly due to rounding. The additional step does not apply to the Police Recruit salary range. EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 15, 2023 - 3% Cost -of -Living Adjustment (COLA) Police Animal Control Officer 52 1 $ 29.77 $ 5,161 $ 61,928 Police Animal Control Officer 52 2 $ 31.26 $ 5,418 $ 65,019 Police Animal Control Officer 52 3 $ 32.84 $ 5,692 $ 68,298 Police Animal Control Officer 52 4 $ 34.47 $ 5,975 $ 71,694 Police Animal Control Officer 52 5 $ 36.20 $ 6,275 $ 75,302 Police Animal Control Officer 52 6 $ 38.02 $ 6,589 $ 79,072 Police Animal Control Officer 52 7 $ 39.92 $ 6,919 $ 83,031 Police Animal Control Officer 52 8 $ 41.91 $ 7,265 $ 87,177 Police Animal Control Officer 52 9 $ 44.01 $ 7,628 $ 91,535 Police Animal Control Officer, Senior 90 1 $ 34.32 $ 5,949 $ 71,390 Police Animal Control Officer, Senior 90 2 $ 36.08 $ 6,254 $ 75,044 Police Animal Control Officer, Senior 90 3 $ 37.87 $ 6,564 $ 78,768 Police Animal Control Officer, Senior 90 4 $ 39.76 $ 6,892 $ 82,703 Police Animal Control Officer, Senior 90 5 $ 41.73 $ 7,233 $ 86,801 Police Animal Control Officer, Senior 90 6 $ 43.84 $ 7,598 $ 91,182 Police Animal Control Officer, Senior 90 7 $ 46.02 $ 7,977 $ 95,725 Police Animal Control Officer, Senior 90 8 $ 48.33 $ 8,377 $ 100,527 Police Animal Control Officer, Senior 90 9 $ 50.75 $ 8,796 $ 105,553 Police Civilian Custody Supervisor 15B 1 $ 39.81 $ 6,900 $ 82,796 Police Civilian Custody Supervisor 15B 2 $ 41.80 $ 7,245 $ 86,942 Police Civilian Custody Supervisor 15B 3 $ 43.88 $ 7,606 $ 91,275 Police Civilian Custody Supervisor 15B 4 $ 46.07 $ 7,985 $ 95,819 Police Civilian Custody Supervisor 15B 5 $ 48.40 $ 8,389 $ 100,667 Police Civilian Custody Supervisor 15B 6 $ 50.81 $ 8,807 $ 105,680 Police Civilian Custody Supervisor 15B 7 $ 53.35 $ 9,248 $ 110,973 Police Civilian Custody Supervisor 15B 8 $ 56.01 $ 9,708 $ 116,501 Police Civilian Custody Supervisor 15B 9 $ 58.81 $ 10,194 $ 122,326 Police Civilian Investigator 43A 1 $ 31.48 $ 5,457 $ 65,488 Police Civilian Investigator 43A 2 $ 33.07 $ 5,733 $ 68,790 Police Civilian Investigator 43A 3 $ 34.73 $ 6,019 $ 72,233 Police Civilian Investigator 43A 4 $ 36.45 $ 6,318 $ 75,817 Police Civilian Investigator 43A 5 $ 38.27 $ 6,634 $ 79,611 Police Civilian Investigator 43A 6 $ 40.19 $ 6,966 $ 83,593 Police Civilian Investigator 43A 7 $ 42.18 $ 7,312 $ 87,739 Police Civilian Investigator 43A 8 $ 44.31 $ 7,680 $ 92,165 Police Civilian Investigator 43A 9 $ 46.53 $ 8,064 $ 96,773 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 15, 2023 - 3% Cost -of -Living Adjustment (COLA) Police Civilian Supervisor 15 1 $ 39.81 $ 6,900 $ 82,796 Police Civilian Supervisor 15 2 $ 41.80 $ 7,245 $ 86,942 Police Civilian Supervisor 15 3 $ 43.88 $ 7,606 $ 91,275 Police Civilian Supervisor 15 4 $ 46.07 $ 7,985 $ 95,819 Police Civilian Supervisor 15 5 $ 48.40 $ 8,389 $ 100,667 Police Civilian Supervisor 15 6 $ 50.81 $ 8,807 $ 105,680 Police Civilian Supervisor 15 7 $ 53.35 $ 9,248 $ 110,973 Police Civilian Supervisor 15 8 $ 56.01 $ 9,708 $ 116,501 Police Civilian Supervisor 15 9 $ 58.81 $ 10,194 $ 122,326 Police Community Services Officer 05 1 $ 23.91 $ 4,144 $ 49,725 Police Community Services Officer 05 2 $ 25.08 $ 4,347 $ 52,161 Police Community Services Officer 05 3 $ 26.35 $ 4,567 $ 54,807 Police Community Services Officer 05 4 $ 27.67 $ 4,796 $ 57,548 Police Community Services Officer 05 5 $ 29.03 $ 5,032 $ 60,382 Police Community Services Officer 05 6 $ 30.49 $ 5,286 $ 63,427 Police Community Services Officer 05 7 $ 32.02 $ 5,551 $ 66,612 Police Community Services Officer 05 8 $ 33.60 $ 5,824 $ 69,891 Police Community Services Officer 05 9 $ 35.29 $ 6,117 $ 73,404 Police Community Services Officer 05 10 $ 37.08 $ 6,427 $ 77,128 Police Community Services Officer 05 11 $ 38.93 $ 6,749 $ 80,985 Police Community Services Officer, Senior 40 1 $ 30.48 $ 5,283 $ 63,401 Police Community Services Officer, Senior 40 2 $ 32.01 $ 5,548 $ 66,571 Police Community Services Officer, Senior 40 3 $ 33.61 $ 5,825 $ 69,899 Police Community Services Officer, Senior 40 4 $ 35.29 $ 6,116 $ 73,394 Police Community Services Officer, Senior 40 5 $ 37.05 $ 6,422 $ 77,064 Police Community Services Officer, Senior 40 6 $ 38.90 $ 6,743 $ 80,917 Police Community Services Officer, Senior 40 7 $ 40.85 $ 7,080 $ 84,963 Police Community Services Officer, Senior 40 8 $ 42.89 $ 7,434 $ 89,211 Police Community Services Officer, Senior 40 9 $ 45.03 $ 7,806 $ 93,672 Police Computer Systems Manager 25 1 $ 56.37 $ 9,771 $ 117,250 Police Computer Systems Manager 25 2 $ 59.20 $ 10,261 $ 123,129 Police Computer Systems Manager 25 3 $ 62.15 $ 10,772 $ 129,266 Police Computer Systems Manager 25 4 $ 65.27 $ 11,313 $ 135,754 Police Computer Systems Manager 25 5 $ 68.50 $ 11,873 $ 142,476 Police Computer Systems Manager 25 6 $ 71.95 $ 12,472 $ 149,666 Police Computer Systems Manager 25 7 $ 75.55 $ 13,095 $ 157,138 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 15, 2023 - 3% Cost -of -Living Adjustment (COLA) Police Computer Systems Manager 25 8 $ 79.31 $ 13,747 $ 164,961 Police Computer Systems Manager 25 9 $ 83.27 $ 14,434 $ 173,209 Police Crime Analyst, Senior 87 1 $ 34.32 $ 5,949 $ 71,390 Police Crime Analyst, Senior 87 2 $ 36.08 $ 6,254 $ 75,044 Police Crime Analyst, Senior 87 3 $ 37.87 $ 6,564 $ 78,768 Police Crime Analyst, Senior 87 4 $ 39.76 $ 6,892 $ 82,703 Police Crime Analyst, Senior 87 5 $ 41.73 $ 7,233 $ 86,801 Police Crime Analyst, Senior 87 6 $ 43.84 $ 7,598 $ 91,182 Police Crime Analyst, Senior 87 7 $ 46.02 $ 7,977 $ 95,725 Police Crime Analyst, Senior 87 8 $ 48.33 $ 8,377 $ 100,527 Police Crime Analyst, Senior 87 9 $ 50.75 $ 8,796 $ 105,553 Police Crime Prevention Specialist 21 1 $ 32.59 $ 5,649 $ 67,783 Police Crime Prevention Specialist 21 2 $ 34.23 $ 5,934 $ 71,203 Police Crime Prevention Specialist 21 3 $ 35.93 $ 6,228 $ 74,740 Police Crime Prevention Specialist 21 4 $ 37.75 $ 6,543 $ 78,510 Police Crime Prevention Specialist 21 5 $ 39.64 $ 6,870 $ 82,445 Police Crime Prevention Specialist 21 6 $ 41.62 $ 7,214 $ 86,568 Police Crime Prevention Specialist 21 7 $ 43.68 $ 7,571 $ 90,854 Police Crime Prevention Specialist 21 8 $ 45.89 $ 7,954 $ 95,444 Police Crime Prevention Specialist 21 9 $ 48.18 $ 8,351 $ 100,217 Police Crime Scene Investigator 43 1 $ 31.48 $ 5,457 $ 65,488 Police Crime Scene Investigator 43 2 $ 33.07 $ 5,733 $ 68,790 Police Crime Scene Investigator 43 3 $ 34.73 $ 6,019 $ 72,233 Police Crime Scene Investigator 43 4 $ 36.45 $ 6,318 $ 75,817 Police Crime Scene Investigator 43 5 $ 38.27 $ 6,634 $ 79,611 Police Crime Scene Investigator 43 6 $ 40.19 $ 6,966 $ 83,593 Police Crime Scene Investigator 43 7 $ 42.18 $ 7,312 $ 87,739 Police Crime Scene Investigator 43 8 $ 44.31 $ 7,680 $ 92,165 Police Crime Scene Investigator 43 9 $ 46.53 $ 8,064 $ 96,773 Police Crime Scene Investigator, Senior 86 1 $ 34.05 $ 5,902 $ 70,828 Police Crime Scene Investigator, Senior 86 2 $ 35.75 $ 6,197 $ 74,365 Police Crime Scene Investigator, Senior 86 3 $ 37.53 $ 6,505 $ 78,065 Police Crime Scene Investigator, Senior 86 4 $ 39.38 $ 6,826 $ 81,907 Police Crime Scene Investigator, Senior 86 5 $ 41.37 $ 7,171 $ 86,052 Police Crime Scene Investigator, Senior 86 6 $ 43.43 $ 7,528 $ 90,338 Police Crime Scene Investigator, Senior 86 7 $ 45.62 $ 7,907 $ 94,882 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 15, 2023 - 3% Cost -of -Living Adjustment (COLA) Police Crime Scene Investigator, Senior 86 8 $ 47.90 $ 8,303 $ 99,637 Police Crime Scene Investigator, Senior 86 9 $ 50.30 $ 8,718 $ 104,619 Police Custody Officer 55 1 $ 29.90 $ 5,182 $ 62,185 Police Custody Officer 55 2 $ 31.42 $ 5,446 $ 65,347 Police Custody Officer 55 3 $ 32.96 $ 5,713 $ 68,556 Police Custody Officer 55 4 $ 34.63 $ 6,002 $ 72,022 Police Custody Officer 55 5 $ 36.35 $ 6,300 $ 75,606 Police Custody Officer 55 6 $ 38.17 $ 6,617 $ 79,400 Police Custody Officer 55 7 $ 40.06 $ 6,945 $ 83,335 Police Custody Officer 55 8 $ 42.08 $ 7,294 $ 87,528 Police Custody Officer 55 9 $ 44.18 $ 7,659 $ 91,904 Police Dispatcher 70 1 $ 30.47 $ 5,282 $ 63,380 Police Dispatcher 70 2 $ 32.00 $ 5,547 $ 66,565 Police Dispatcher 70 3 $ 33.59 $ 5,822 $ 69,868 Police Dispatcher 70 4 $ 35.27 $ 6,113 $ 73,357 Police Dispatcher 70 5 $ 37.06 $ 6,423 $ 77,082 Police Dispatcher 70 6 $ 38.89 $ 6,742 $ 80,899 Police Dispatcher 70 7 $ 40.84 $ 7,079 $ 84,951 Police Dispatcher 70 8 $ 42.88 $ 7,433 $ 89,191 Police Dispatcher 70 9 $ 45.02 $ 7,804 $ 93,650 Police Dispatcher, Senior 99 1 $ 35.04 $ 6,074 $ 72,889 Police Dispatcher, Senior 99 2 $ 36.79 $ 6,377 $ 76,519 Police Dispatcher, Senior 99 3 $ 38.61 $ 6,693 $ 80,314 Police Dispatcher, Senior 99 4 $ 40.56 $ 7,030 $ 84,366 Police Dispatcher, Senior 99 5 $ 42.60 $ 7,384 $ 88,605 Police Dispatcher, Senior 99 6 $ 44.72 $ 7,751 $ 93,008 Police Dispatcher, Senior 99 7 $ 46.95 $ 8,137 $ 97,646 Police Dispatcher, Senior 99 8 $ 49.30 $ 8,545 $ 102,541 Police Dispatcher, Senior 99 9 $ 51.76 $ 8,972 $ 107,668 Police Electronics Specialist 05A 1 $ 38.38 $ 6,652 $ 79,822 Police Electronics Specialist 05A 2 $ 40.30 $ 6,986 $ 83,827 Police Electronics Specialist 05A 3 $ 42.32 $ 7,335 $ 88,020 Police Electronics Specialist 05A 4 $ 44.45 $ 7,704 $ 92,446 Police Electronics Specialist 05A 5 $ 46.65 $ 8,086 $ 97,037 Police Electronics Specialist 05A 6 $ 48.98 $ 8,490 $ 101,885 Police Electronics Specialist 05A 7 $ 51.44 $ 8,916 $ 106,991 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 15, 2023 - 3% Cost -of -Living Adjustment (COLA) Police Electronics Specialist 05A 8 $ 54.01 $ 9,361 $ 112,332 Police Electronics Specialist 05A 9 $ 56.71 $ 9,829 $ 117,948 Police Emergency Services Coordinator 04 1 $ 39.69 $ 6,880 $ 82,563 Police Emergency Services Coordinator 04 2 $ 41.65 $ 7,220 $ 86,638 Police Emergency Services Coordinator 04 3 $ 43.70 $ 7,575 $ 90,901 Police Emergency Services Coordinator 04 4 $ 45.91 $ 7,958 $ 95,491 Police Emergency Services Coordinator 04 5 $ 48.24 $ 8,362 $ 100,339 Police Emergency Services Coordinator 04 6 $ 50.62 $ 8,773 $ 105,282 Police Emergency Services Coordinator 04 7 $ 53.14 $ 9,211 $ 110,528 Police Emergency Services Coordinator 04 8 $ 55.82 $ 9,675 $ 116,103 Police Emergency Services Coordinator 04 9 $ 58.61 $ 10,159 $ 121,908 Police Fiscal Services/Facilities Manager 03 1 $ 45.55 $ 7,895 $ 94,742 Police Fiscal Services/Facilities Manager 03 2 $ 47.82 $ 8,289 $ 99,473 Police Fiscal Services/Facilities Manager 03 3 $ 50.21 $ 8,703 $ 104,438 Police Fiscal Services/Facilities Manager 03 4 $ 52.71 $ 9,136 $ 109,638 Police Fiscal Services/Facilities Manager 03 5 $ 55.37 $ 9,597 $ 115,166 Police Fiscal Services/Facilities Manager 03 6 $ 58.14 $ 10,077 $ 120,928 Police Fiscal Services/Facilities Manager 03 7 $ 61.05 $ 10,583 $ 126,994 Police Fiscal Services/Facilities Manager 03 8 $ 64.06 $ 11,104 $ 133,247 Police Fiscal Services/Facilities Manager 03 9 $ 67.26 $ 11,659 $ 139,910 Police Information Technology Analyst 61 1 $ 39.87 $ 6,911 $ 82,937 Police Information Technology Analyst 61 2 $ 41.88 $ 7,259 $ 87,106 Police Information Technology Analyst 61 3 $ 43.95 $ 7,618 $ 91,416 Police Information Technology Analyst 61 4 $ 46.13 $ 7,997 $ 95,960 Police Information Technology Analyst 61 5 $ 48.47 $ 8,401 $ 100,808 Police Information Technology Analyst 61 6 $ 50.88 $ 8,818 $ 105,820 Police Information Technology Analyst 61 7 $ 53.43 $ 9,261 $ 111,137 Police Information Technology Analyst 61 8 $ 56.09 $ 9,722 $ 116,665 Police Information Technology Analyst 61 9 $ 58.89 $ 10,208 $ 122,498 Police Information Technology Coordinator 02A 1 $ 46.69 $ 8,092 $ 97,107 Police Information Technology Coordinator 02A 2 $ 49.02 $ 8,496 $ 101,956 Police Information Technology Coordinator 02A 3 $ 51.48 $ 8,924 $ 107,085 Police Information Technology Coordinator 02A 4 $ 54.03 $ 9,365 $ 112,379 Police Information Technology Coordinator 02A 5 $ 56.76 $ 9,839 $ 118,070 Police Information Technology Coordinator 02A 6 $ 59.58 $ 10,327 $ 123,926 Police Information Technology Coordinator 02A 7 $ 62.56 $ 10,844 $ 130,132 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 15, 2023 - 3% Cost -of -Living Adjustment (COLA) Police Information Technology Coordinator 02A 8 $ 65.69 $ 11,387 $ 136,643 Police Information Technology Coordinator 02A 9 $ 68.98 $ 11,956 $ 143,476 Police Mechanic 1 17 1 $ 24.89 $ 4,314 $ 51,763 Police Mechanic 1 17 2 $ 26.10 $ 4,524 $ 54,292 Police Mechanic 1 17 3 $ 27.41 $ 4,751 $ 57,009 Police Mechanic 1 17 4 $ 28.79 $ 4,991 $ 59,890 Police Mechanic 1 17 5 $ 30.23 $ 5,241 $ 62,888 Police Mechanic 1 17 6 $ 31.77 $ 5,506 $ 66,073 Police Mechanic 1 17 7 $ 33.35 $ 5,781 $ 69,376 Police Mechanic 1 17 8 $ 35.00 $ 6,066 $ 72,795 Police Mechanic 1 17 9 $ 36.75 $ 6,370 $ 76,435 Police Mechanic II 18 1 $ 28.82 $ 4,995 $ 59,937 Police Mechanic II 18 2 $ 30.25 $ 5,243 $ 62,911 Police Mechanic II 18 3 $ 31.79 $ 5,510 $ 66,120 Police Mechanic 11 18 4 $ 33.39 $ 5,787 $ 69,446 Police Mechanic II 18 5 $ 35.04 $ 6,074 $ 72,889 Police Mechanic 11 18 6 $ 36.79 $ 6,377 $ 76,519 Police Mechanic II 18 7 $ 38.61 $ 6,693 $ 80,314 Police Mechanic 11 18 8 $ 40.56 $ 7,030 $ 84,366 Police Mechanic II 18 9 $ 42.59 $ 7,382 $ 88,584 Police Mechanic, Senior 19 1 $ 31.79 $ 5,510 $ 66,120 Police Mechanic, Senior 19 2 $ 33.39 $ 5,787 $ 69,446 Police Mechanic, Senior 19 3 $ 35.04 $ 6,074 $ 72,889 Police Mechanic, Senior 19 4 $ 36.80 $ 6,379 $ 76,543 Police Mechanic, Senior 19 5 $ 38.61 $ 6,693 $ 80,314 Police Mechanic, Senior 19 6 $ 40.56 $ 7,030 $ 84,366 Police Mechanic, Senior 19 7 $ 42.60 $ 7,384 $ 88,605 Police Mechanic, Senior 19 8 $ 44.72 $ 7,751 $ 93,008 Police Mechanic, Senior 19 9 $ 46.95 $ 8,138 $ 97,659 Police Officer 15A 1 $ 36.61 $ 6,345 $ 76,145 Police Officer 15A 2 $ 38.45 $ 6,666 $ 79,986 Police Officer 15A 3 $ 40.37 $ 6,997 $ 83,968 Police Officer 15A 4 $ 42.41 $ 7,351 $ 88,207 Police Officer 15A 5 $ 44.52 $ 7,718 $ 92,610 Police Officer 15A 6 $ 46.72 $ 8,098 $ 97,178 Police Officer 15A 7 $ 51.39 $ 8,908 $ 106,898 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 15, 2023 - 3% Cost -of -Living Adjustment (COLA) Police Officer 15A 8 $ 53.96 $ 9,353 $ 112,238 Police Officer 15A 9 $ 56.66 $ 9,822 $ 117,859 Police Officer 15A 10 $ 59.50 $ 10,313 $ 123,762 Police Officer 15A 11 $ 62.47 $ 10,829 $ 129,945 Police Officer 15A 12 $ 65.60 $ 11,370 $ 136,442 Police Rangemaster-Armorer 45 1 $ 29.69 $ 5,147 $ 61,763 Police Rangemaster-Armorer 45 2 $ 31.17 $ 5,403 $ 64,832 Police Rangemaster-Armorer 45 3 $ 32.76 $ 5,678 $ 68,134 Police Rangemaster-Armorer 45 4 $ 34.38 $ 5,959 $ 71,507 Police Rangemaster-Armorer 45 5 $ 36.11 $ 6,260 $ 75,114 Police Rangemaster-Armorer 45 6 $ 37.89 $ 6,568 $ 78,815 Police Rangemaster-Armorer 45 7 $ 39.79 $ 6,898 $ 82,773 Police Rangemaster-Armorer 45 8 $ 41.77 $ 7,239 $ 86,872 Police Rangemaster-Armorer 45 9 $ 43.85 $ 7,601 $ 91,216 Police Recruit 07 1 $ 33.15 $ 5,746 $ 68,954 Police Station Officer 52A 1 $ 29.77 $ 5,161 $ 61,928 Police Station Officer 52A 2 $ 31.26 $ 5,418 $ 65,019 Police Station Officer 52A 3 $ 32.84 $ 5,692 $ 68,298 Police Station Officer 52A 4 $ 34.47 $ 5,975 $ 71,694 Police Station Officer 52A 5 $ 36.20 $ 6,275 $ 75,302 Police Station Officer 52A 6 $ 38.02 $ 6,589 $ 79,072 Police Station Officer 52A 7 $ 39.92 $ 6,919 $ 83,031 Police Station Officer 52A 8 $ 41.91 $ 7,265 $ 87,177 Police Station Officer 52A 9 $ 44.01 $ 7,628 $ 91,535 Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual rates may vary slightly due to rounding. EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Police Animal Control Officer 52 1 $ 30.67 $ 5,315 $ 63,786 Police Animal Control Officer 52 2 $ 32.20 $ 5,581 $ 66,970 Police Animal Control Officer 52 3 $ 33.82 $ 5,862 $ 70,347 Police Animal Control Officer 52 4 $ 35.50 $ 6,154 $ 73,845 Police Animal Control Officer 52 5 $ 37.29 $ 6,463 $ 77,561 Police Animal Control Officer 52 6 $ 39.16 $ 6,787 $ 81,445 Police Animal Control Officer 52 7 $ 41.12 $ 7,127 $ 85,522 Police Animal Control Officer 52 8 $ 43.17 $ 7,483 $ 89,792 Police Animal Control Officer 52 9 $ 45.33 $ 7,857 $ 94,282 Police Animal Control Officer, Senior 90 1 $ 35.35 $ 6,128 $ 73,532 Police Animal Control Officer, Senior 90 2 $ 37.16 $ 6,441 $ 77,295 Police Animal Control Officer, Senior 90 3 $ 39.01 $ 6,761 $ 81,131 Police Animal Control Officer, Senior 90 4 $ 40.95 $ 7,099 $ 85,184 Police Animal Control Officer, Senior 90 5 $ 42.98 $ 7,450 $ 89,406 Police Animal Control Officer, Senior 90 6 $ 45.15 $ 7,826 $ 93,917 Police Animal Control Officer, Senior 90 7 $ 47.40 $ 8,216 $ 98,597 Police Animal Control Officer, Senior 90 8 $ 49.78 $ 8,629 $ 103,543 Police Animal Control Officer, Senior 90 9 $ 52.27 $ 9,060 $ 108,720 Police Civilian Custody Supervisor 15B 1 $ 41.00 $ 7,107 $ 85,280 Police Civilian Custody Supervisor 15B 2 $ 43.05 $ 7,463 $ 89,550 Police Civilian Custody Supervisor 15B 3 $ 45.20 $ 7,834 $ 94,013 Police Civilian Custody Supervisor 15B 4 $ 47.45 $ 8,224 $ 98,694 Police Civilian Custody Supervisor 15B 5 $ 49.85 $ 8,641 $ 103,687 Police Civilian Custody Supervisor 15B 6 $ 52.33 $ 9,071 $ 108,850 Police Civilian Custody Supervisor 15B 7 $ 54.95 $ 9,525 $ 114,303 Police Civilian Custody Supervisor 15B 8 $ 57.69 $ 10,000 $ 119,996 Police Civilian Custody Supervisor 15B 9 $ 60.57 $ 10,500 $ 125,996 Police Civilian Investigator 43A 1 $ 32.43 $ 5,621 $ 67,452 Police Civilian Investigator 43A 2 $ 34.06 $ 5,904 $ 70,854 Police Civilian Investigator 43A 3 $ 35.77 $ 6,200 $ 74,400 Police Civilian Investigator 43A 4 $ 37.54 $ 6,508 $ 78,091 Police Civilian Investigator 43A 5 $ 39.42 $ 6,833 $ 81,999 Police Civilian Investigator 43A 6 $ 41.39 $ 7,175 $ 86,101 Police Civilian Investigator 43A 7 $ 43.45 $ 7,531 $ 90,371 Police Civilian Investigator 43A 8 $ 45.64 $ 7,911 $ 94,930 Police Civilian Investigator 43A 9 $ 47.92 $ 8,306 $ 99,677 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021- November 30, 2025 (Exhibit B) Effective July 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Police Civilian Supervisor 15 1 $ 41.00 $ 7,107 $ 85,280 Police Civilian Supervisor 15 2 $ 43.05 $ 7,463 $ 89,550 Police Civilian Supervisor 15 3 $ 45.20 $ 7,834 $ 94,013 Police Civilian Supervisor 15 4 $ 47.45 $ 8,224 $ 98,694 Police Civilian Supervisor 15 5 $ 49.85 $ 8,641 $ 103,687 Police Civilian Supervisor 15 6 $ 52.33 $ 9,071 $ 108,850 Police Civilian Supervisor 15 7 $ 54.95 $ 9,525 $ 114,303 Police Civilian Supervisor 15 8 $ 57.69 $ 10,000 $ 119,996 Police Civilian Supervisor 15 9 $ 60.57 $ 10,500 $ 125,996 Police Community Services Officer 05 1 $ 24.62 $ 4,268 $ 51,217 Police Community Services Officer 05 2 $ 25.83 $ 4,477 $ 53,726 Police Community Services Officer 05 3 $ 27.14 $ 4,704 $ 56,452 Police Community Services Officer 05 4 $ 28.50 $ 4,940 $ 59,274 Police Community Services Officer 05 5 $ 29.90 $ 5,183 $ 62,193 Police Community Services Officer 05 6 $ 31.41 $ 5,444 $ 65,329 Police Community Services Officer 05 7 $ 32.99 $ 5,718 $ 68,610 Police Community Services Officer 05 8 $ 34.61 $ 5,999 $ 71,988 Police Community Services Officer 05 9 $ 36.35 $ 6,301 $ 75,606 Police Community Services Officer 05 10 $ 38.19 $ 6,620 $ 79,442 Police Community Services Officer 05 11 $ 40.10 $ 6,951 $ 83,414 Police Community Services Officer, Senior 40 1 $ 31.40 $ 5,442 $ 65,303 Police Community Services Officer, Senior 40 2 $ 32.97 $ 5,714 $ 68,568 Police Community Services Officer, Senior 40 3 $ 34.61 $ 6,000 $ 71,996 Police Community Services Officer, Senior 40 4 $ 36.34 $ 6,300 $ 75,596 Police Community Services Officer, Senior 40 5 $ 38.16 $ 6,615 $ 79,376 Police Community Services Officer, Senior 40 6 $ 40.07 $ 6,945 $ 83,345 Police Community Services Officer, Senior 40 7 $ 42.07 $ 7,293 $ 87,512 Police Community Services Officer, Senior 40 8 $ 44.18 $ 7,657 $ 91,888 Police Community Services Officer, Senior 40 9 $ 46.39 $ 8,040 $ 96,482 Police Computer Systems Manager 25 1 $ 58.06 $ 10,064 $ 120,768 Police Computer Systems Manager 25 2 $ 60.97 $ 10,569 $ 126,823 Police Computer Systems Manager 25 3 $ 64.01 $ 11,095 $ 133,144 Police Computer Systems Manager 25 4 $ 67.22 $ 11,652 $ 139,826 Police Computer Systems Manager 25 5 $ 70.55 $ 12,229 $ 146,750 Police Computer Systems Manager 25 6 $ 74.11 $ 12,846 $ 154,156 Police Computer Systems Manager 25 7 $ 77.81 $ 13,488 $ 161,852 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Police Computer Systems Manager 25 8 $ 81.69 $ 14,159 $ 169,910 Police Computer Systems Manager 25 9 $ 85.77 $ 14,867 $ 178,405 Police Crime Analyst, Senior 87 1 $ 35.35 $ 6,128 $ 73,532 Police Crime Analyst, Senior 87 2 $ 37.16 $ 6,441 $ 77,295 Police Crime Analyst, Senior 87 3 $ 39.01 $ 6,761 $ 81,131 Police Crime Analyst, Senior 87 4 $ 40.95 $ 7,099 $ 85,184 Police Crime Analyst, Senior 87 5 $ 42.98 $ 7,450 $ 89,406 Police Crime Analyst, Senior 87 6 $ 45.15 $ 7,826 $ 93,917 Police Crime Analyst, Senior 87 7 $ 47.40 $ 8,216 $ 98,597 Police Crime Analyst, Senior 87 8 $ 49.78 $ 8,629 $ 103,543 Police Crime Analyst, Senior 87 9 $ 52.27 $ 9,060 $ 108,720 Police Crime Prevention Specialist 21 1 $ 33.57 $ 5,818 $ 69,817 Police Crime Prevention Specialist 21 2 $ 35.26 $ 6,112 $ 73,339 Police Crime Prevention Specialist 21 3 $ 37.01 $ 6,415 $ 76,982 Police Crime Prevention Specialist 21 4 $ 38.88 $ 6,739 $ 80,865 Police Crime Prevention Specialist 21 5 $ 40.83 $ 7,077 $ 84,918 Police Crime Prevention Specialist 21 6 $ 42.87 $ 7,430 $ 89,165 Police Crime Prevention Specialist 21 7 $ 44.99 $ 7,798 $ 93,579 Police Crime Prevention Specialist 21 8 $ 47.26 $ 8,192 $ 98,308 Police Crime Prevention Specialist 21 9 $ 49.63 $ 8,602 $ 103,223 Police Crime Scene Investigator 43 1 $ 32.43 $ 5,621 $ 67,452 Police Crime Scene Investigator 43 2 $ 34.06 $ 5,904 $ 70,854 Police Crime Scene Investigator 43 3 $ 35.77 $ 6,200 $ 74,400 Police Crime Scene Investigator 43 4 $ 37.54 $ 6,508 $ 78,091 Police Crime Scene Investigator 43 5 $ 39.42 $ 6,833 $ 81,999 Police Crime Scene Investigator 43 6 $ 41.39 $ 7,175 $ 86,101 Police Crime Scene Investigator 43 7 $ 43.45 $ 7,531 $ 90,371 Police Crime Scene Investigator 43 8 $ 45.64 $ 7,911 $ 94,930 Police Crime Scene Investigator 43 9 $ 47.92 $ 8,306 $ 99,677 Police Crime Scene Investigator, Senior 86 1 $ 35.07 $ 6,079 $ 72,953 Police Crime Scene Investigator, Senior 86 2 $ 36.82 $ 6,383 $ 76,596 Police Crime Scene Investigator, Senior 86 3 $ 38.66 $ 6,701 $ 80,407 Police Crime Scene Investigator, Senior 86 4 $ 40.56 $ 7,030 $ 84,364 Police Crime Scene Investigator, Senior 86 5 $ 42.61 $ 7,386 $ 88,634 Police Crime Scene Investigator, Senior 86 6 $ 44.73 $ 7,754 $ 93,049 Police Crime Scene Investigator, Senior 86 7 $ 46.98 $ 8,144 $ 97,729 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021- November 30, 2025 (Exhibit B) Effective July 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Police Crime Scene Investigator, Senior 86 8 $ 49.34 $ 8,552 $ 102,626 Police Crime Scene Investigator, Senior 86 9 $ 51.81 $ 8,980 $ 107,757 Police Custody Officer 55 1 $ 30.79 $ 5,338 $ 64,051 Police Custody Officer 55 2 $ 32.36 $ 5,609 $ 67,308 Police Custody Officer 55 3 $ 33.95 $ 5,884 $ 70,613 Police Custody Officer 55 4 $ 35.66 $ 6,182 $ 74,183 Police Custody Officer 55 5 $ 37.44 $ 6,490 $ 77,874 Police Custody Officer 55 6 $ 39.32 $ 6,815 $ 81,782 Police Custody Officer 55 7 $ 41.27 $ 7,153 $ 85,835 Police Custody Officer 55 8 $ 43.34 $ 7,513 $ 90,153 Police Custody Officer 55 9 $ 45.51 $ 7,888 $ 94,661 Police Dispatcher 70 1 $ 31.39 $ 5,440 $ 65,281 Police Dispatcher 70 2 $ 32.96 $ 5,714 $ 68,562 Police Dispatcher 70 3 $ 34.60 $ 5,997 $ 71,964 Police Dispatcher 70 4 $ 36.33 $ 6,296 $ 75,558 Police Dispatcher 70 5 $ 38.17 $ 6,616 $ 79,394 Police Dispatcher 70 6 $ 40.06 $ 6,944 $ 83,326 Police Dispatcher 70 7 $ 42.07 $ 7,292 $ 87,500 Police Dispatcher 70 8 $ 44.17 $ 7,656 $ 91,866 Police Dispatcher 70 9 $ 46.37 $ 8,038 $ 96,460 Police Dispatcher, Senior 99 1 $ 36.09 $ 6,256 $ 75,076 Police Dispatcher, Senior 99 2 $ 37.89 $ 6,568 $ 78,815 Police Dispatcher, Senior 99 3 $ 39.77 $ 6,894 $ 82,723 Police Dispatcher, Senior 99 4 $ 41.78 $ 7,241 $ 86,897 Police Dispatcher, Senior 99 5 $ 43.88 $ 7,605 $ 91,263 Police Dispatcher, Senior 99 6 $ 46.06 $ 7,983 $ 95,799 Police Dispatcher, Senior 99 7 $ 48.35 $ 8,381 $ 100,575 Police Dispatcher, Senior 99 8 $ 50.78 $ 8,801 $ 105,618 Police Dispatcher, Senior 99 9 $ 53.32 $ 9,242 $ 110,898 Police Electronics Specialist 05A 1 $ 39.53 $ 6,851 $ 82,216 Police Electronics Specialist 05A 2 $ 41.51 $ 7,195 $ 86,342 Police Electronics Specialist 05A 3 $ 43.59 $ 7,555 $ 90,660 Police Electronics Specialist 05A 4 $ 45.78 $ 7,935 $ 95,220 Police Electronics Specialist 05A 5 $ 48.05 $ 8,329 $ 99,948 Police Electronics Specialist 05A 6 $ 50.45 $ 8,745 $ 104,942 Police Electronics Specialist 05A 7 $ 52.98 $ 9,183 $ 110,201 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021- November 30, 2025 (Exhibit B) Effective July 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Police Electronics Specialist 05A 8 $ 55.63 $ 9,642 $ 115,702 Police Electronics Specialist 05A 9 $ 58.41 $ 10,124 $ 121,487 Police Emergency Services Coordinator 04 1 $ 40.88 $ 7,087 $ 85,039 Police Emergency Services Coordinator 04 2 $ 42.90 $ 7,436 $ 89,237 Police Emergency Services Coordinator 04 3 $ 45.01 $ 7,802 $ 93,628 Police Emergency Services Coordinator 04 4 $ 47.29 $ 8,196 $ 98,356 Police Emergency Services Coordinator 04 5 $ 49.69 $ 8,612 $ 103,349 Police Emergency Services Coordinator 04 6 $ 52.13 $ 9,037 $ 108,440 Police Emergency Services Coordinator 04 7 $ 54.73 $ 9,487 $ 113,844 Police Emergency Services Coordinator 04 8 $ 57.49 $ 9,965 $ 119,586 Police Emergency Services Coordinator 04 9 $ 60.37 $ 10,464 $ 125,565 Police Fiscal Services/Facilities Manager 03 1 $ 46.92 $ 8,132 $ 97,584 Police Fiscal Services/Facilities Manager 03 2 $ 49.26 $ 8,538 $ 102,457 Police Fiscal Services/Facilities Manager 03 3 $ 51.72 $ 8,964 $ 107,572 Police Fiscal Services/Facilities Manager 03 4 $ 54.29 $ 9,411 $ 112,927 Police Fiscal Services/Facilities Manager 03 5 $ 57.03 $ 9,885 $ 118,621 Police Fiscal Services/Facilities Manager 03 6 $ 59.88 $ 10,380 $ 124,555 Police Fiscal Services/Facilities Manager 03 7 $ 62.89 $ 10,900 $ 130,804 Police Fiscal Services/Facilities Manager 03 8 $ 65.98 $ 11,437 $ 137,245 Police Fiscal Services/Facilities Manager 03 9 $ 69.28 $ 12,009 $ 144,107 Police Information Technology Analyst 61 1 $ 41.07 $ 7,119 $ 85,425 Police Information Technology Analyst 61 2 $ 43.13 $ 7,477 $ 89,720 Police Information Technology Analyst 61 3 $ 45.27 $ 7,847 $ 94,158 Police Information Technology Analyst 61 4 $ 47.52 $ 8,237 $ 98,839 Police Information Technology Analyst 61 5 $ 49.92 $ 8,653 $ 103,832 Police Information Technology Analyst 61 6 $ 52.40 $ 9,083 $ 108,995 Police Information Technology Analyst 61 7 $ 55.03 $ 9,539 $ 114,471 Police Information Technology Analyst 61 8 $ 57.77 $ 10,014 $ 120,165 Police Information Technology Analyst 61 9 $ 60.66 $ 10,514 $ 126,173 Police Information Technology Coordinator 02A 1 $ 48.09 $ 8,335 $ 100,021 Police Information Technology Coordinator 02A 2 $ 50.49 $ 8,751 $ 105,014 Police Information Technology Coordinator 02A 3 $ 53.03 $ 9,191 $ 110,298 Police Information Technology Coordinator 02A 4 $ 55.65 $ 9,646 $ 115,750 Police Information Technology Coordinator 02A 5 $ 58.47 $ 10,134 $ 121,612 Police Information Technology Coordinator 02A 6 $ 61.37 $ 10,637 $ 127,643 Police Information Technology Coordinator 02A 7 $ 64.44 $ 11,170 $ 134,036 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit B) Effective July 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Police Information Technology Coordinator 02A 8 $ 67.66 $ 11,729 $ 140,743 Police Information Technology Coordinator 02A 9 $ 71.05 $ 12,315 $ 147,780 Police Mechanic 1 17 1 $ 25.63 $ 4,443 $ 53,315 Police Mechanic 1 17 2 $ 26.89 $ 4,660 $ 55,921 Police Mechanic 1 17 3 $ 28.23 $ 4,893 $ 58,719 Police Mechanic 1 17 4 $ 29.66 $ 5,141 $ 61,687 Police Mechanic 1 17 5 $ 31.14 $ 5,398 $ 64,774 Police Mechanic 1 17 6 $ 32.72 $ 5,671 $ 68,056 Police Mechanic 1 17 7 $ 34.35 $ 5,955 $ 71,457 Police Mechanic 1 17 8 $ 36.05 $ 6,248 $ 74,979 Police Mechanic 1 17 9 $ 37.85 $ 6,561 $ 78,728 Police Mechanic 11 18 1 $ 29.68 $ 5,145 $ 61,735 Police Mechanic II 18 2 $ 31.15 $ 5,400 $ 64,798 Police Mechanic 11 18 3 $ 32.74 $ 5,675 $ 68,104 Police Mechanic II 18 4 $ 34.39 $ 5,961 $ 71,529 Police Mechanic II 18 5 $ 36.09 $ 6,256 $ 75,076 Police Mechanic II 18 6 $ 37.89 $ 6,568 $ 78,815 Police Mechanic 11 18 7 $ 39.77 $ 6,894 $ 82,723 Police Mechanic 11 18 8 $ 41.78 $ 7,241 $ 86,897 Police Mechanic II 18 9 $ 43.87 $ 7,603 $ 91,242 Police Mechanic, Senior 19 1 $ 32.74 $ 5,675 $ 68,104 Police Mechanic, Senior 19 2 $ 34.39 $ 5,961 $ 71,529 Police Mechanic, Senior 19 3 $ 36.09 $ 6,256 $ 75,076 Police Mechanic, Senior 19 4 $ 37.90 $ 6,570 $ 78,839 Police Mechanic, Senior 19 5 $ 39.77 $ 6,894 $ 82,723 Police Mechanic, Senior 19 6 $ 41.78 $ 7,241 $ 86,897 Police Mechanic, Senior 19 7 $ 43.88 $ 7,605 $ 91,263 Police Mechanic, Senior 19 8 $ 46.06 $ 7,983 $ 95,799 Police Mechanic, Senior 19 9 $ 48.36 $ 8,382 $ 100,589 Police Officer 15A 1 $ 37.71 $ 6,536 $ 78,429 Police Officer 15A 2 $ 39.61 $ 6,865 $ 82,386 Police Officer 15A 3 $ 41.58 $ 7,207 $ 86,487 Police Officer 15A 4 $ 43.68 $ 7,571 $ 90,853 Police Officer 15A 5 $ 45.86 $ 7,949 $ 95,388 Police Officer 15A 6 $ 48.12 $ 8,341 $ 100,093 Police Officer 15A 7 $ 52.93 $ 9,175 $ 110,105 EXHIBIT E: Side Letter of Agreement Between the City and NBPA The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021- November 30, 2025 (Exhibit B) Effective July 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Police Officer 15A 8 $ 55.58 $ 9,634 $ 115,605 Police Officer 15A 9 $ 58.36 $ 10,116 $ 121,395 Police Officer 15A 10 $ 61.29 $ 10,623 $ 127,474 Police Officer 15A 11 $ 64.35 $ 11,154 $ 133,843 Police Officer 15A 12 $ 67.56 $ 11,711 $ 140,535 Police Rangemaster-Armorer 45 1 $ 30.58 $ 5,301 $ 63,616 Police Rangemaster-Armorer 45 2 $ 32.10 $ 5,565 $ 66,777 Police Rangemaster-Armorer 45 3 $ 33.74 $ 5,848 $ 70,178 Police Rangemaster-Armorer 45 4 $ 35.41 $ 6,138 $ 73,653 Police Rangemaster-Armorer 45 5 $ 37.20 $ 6,447 $ 77,367 Police Rangemaster-Armorer 45 6 $ 39.03 $ 6,765 $ 81,179 Police Rangemaster-Armorer 45 7 $ 40.99 $ 7,105 $ 85,256 Police Rangemaster-Armorer 45 8 $ 43.02 $ 7,457 $ 89,478 Police Rangemaster-Armorer 45 9 $ 45.17 $ 7,829 $ 93,952 Police Recruit 07 1 $ 34.15 $ 5,919 $ 71,023 Police Station Officer 52A 1 $ 30.67 $ 5,315 $ 63,786 Police Station Officer 52A 2 $ 32.20 $ 5,581 $ 66,970 Police Station Officer 52A 3 $ 33.82 $ 5,862 $ 70,347 Police Station Officer 52A 4 $ 35.50 $ 6,154 $ 73,845 Police Station Officer 52A 5 $ 37.29 $ 6,463 $ 77,561 Police Station Officer 52A 6 $ 39.16 $ 6,787 $ 81,445 Police Station Officer 52A 7 $ 41.12 $ 7,127 $ 85,522 Police Station Officer 52A 8 $ 43.17 $ 7,483 $ 89,792 Police Station Officer 52A 9 $ 45.33 $ 7,857 $ 94,282 Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual rates may vary slightly due to rounding. SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE ASSOCIATION This Side Letter of Agreement ("Agreement") is made and entered into this 2l1 day of u Ov/EyM B 2, 2022, by and between the City of Newport Beach ("City") and the Newport Beach Police Association ("NBPA") (collectively "Parties") with respect to the following: WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 2021-129 approving a Memorandum of Understanding ("MOU") between the Parties with a term of July 1, 2021, through November 30, 2025; WHEREAS, given increases in the cost of medical insurance and to aid in the recruitment and retention of valuable employees, the Parties wish to modify the MOU; and WHEREAS, this Agreement will not have the effect of an agreement, and will not be binding on either party, until it is ratified by the affected bargaining unit and approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. The following language in Section 4.A.2. Fringe Benefits, Insurance, Medical Insurance, of the MOU is amended to read as follows: 2. Medical Insurance b. City Contribution Current Language: i. The City's monthly contribution towards the Cafeteria Plan is $1,524.00 (plus the minimum Ca1PERS participating employer contribution as outlined in Government Code section 22892.) Amended Language: i. The City's monthly contribution towards the Cafeteria Plan is $1,524.00 (plus the minimum Ca1PERS participating employer's contribution as outlined in Government Code section 22892.) Temporary Increase. Effective the pay period that includes January 1, 2023, the City's monthly contribution towards the Cafeteria Plan increases to $1,624.00 (plus the minimum Ca1PERS participating employer's contribution as outlined in Government Code section 22892). Effective the pay period that includes January 1, 2025, the City's monthly contribution towards the Cafeteria Plan decreases to $1,524.00 (plus the minimum Ca1PERS participating employer's contribution as outlined in Government Code section 22892). NBPA Side Letter Agreement Page 1 of 3 2. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the MOU shall remain unchanged and shall be in full force and effect. Signatures on the next page NBPA Side Letter Agreement Page 2 of 3 Executed this g day of NOV 0142022 ATTEST: By: FOR THE NEWPORT BEACH POLICE ASSOCIATION: By: Mark s s ent Fasa o P e FOR THE CITY OF NEWPORT BE By: Kevin Mdfdoon, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: Aaron C. Harp, City Attorney Leilani ro ity Cler„‘ k NBPA Side Letter Agreement Page 3 of 3 SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE ASSOCIATION This Side Letter of Agreement ("Agreement") is made and entered into this 23 day of Avv u3 r 2022, by and between the City of Newport Beach ("City") and the Newport Beach Police Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 2021-129 approving a Memorandum of Understanding ("MOU") between the Parties with a term of July 1, 2021, through November 30, 2025; WHEREAS, given increases in the Cost -of -Living and to aid in the recruitment and retention of valuable employees, the Parties wish to modify the MOU; and WHEREAS, this Agreement will not have the effect of an agreement, and will not be binding on either party, until it is ratified by the affected bargaining unit and approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. Section 2, Compensation, Subsection A, Salary Adjustments, of the MOU is amended to read as follows: Base salary increases for all NBPA represented classifications shall be as follows and as specified in Exhibit B: 1. Effective the first day of the pay period following July 1, 2021, there shall be a base salary increase of two percent (2.0%) for all classifications in the bargaining unit. Individuals must be employed by the City on the first day of the pay period following City Council adoption to qualify for retroactive payment of the COLA. 2. Effective the first day of the pay period following July 1, 2022, there shall be a base salary increase of three percent (3.0%) for all classifications in the bargaining unit. Individuals must be employed by the City on the first day of the pay period following City Council adoption to qualify for retroactive payment of the additional one percent (1%) cost -of -living adjustment. 3. Effective the first day of the pay period following July 1, 2023, there shall be a base salary increase of three percent (3.0%) for all classifications in the bargaining unit. 4. Effective the first day of the pay period following July 1, 2024, there shall be a base salary increase of three percent (3.0%) for all classifications in the bargaining unit. 5. Lump Sum Bonus (FY 2021-22). All Bargaining Unit Employees in paid status for the entirety of the first full pay period following the adoption of the MOU by the City Council in Fiscal Year 2021-22 will receive a signing bonus of $2,000. The Parties intend and understand that this lump sum payment is non - pensionable and will not be reported to Ca1PERS. The parties also agree that this payment is intended to be specific to the pay period in which it is paid and is to be considered part of the regular rate for this pay period only. 2. Exhibit B of the MOU is replaced in its entirety with Exhibit B to this Agreement, which is attached hereto and incorporated herein by this reference. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the MOU shall remain unchanged and shall be in full force and effect. Signatures on the next page Executed this 23 day of 11-QVu3T , 2022 ATTEST: By. FOR THE NEWPORT BEACH POLICE ASSOCIATION: By: /,' //: 1 Mark Fas no, resident FOR THE CITY OF NEWPORT BEACH: Bv: Kevin Mul • : • n, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: Aaron C. Harp, City Attorney Leilani Brown, City C erk Attachment: Exhibit B — Salary Schedule with Cost -of -Living Adjustment EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 2, 2022 - 1% Cost -of -Living Adjustment REPRESENTED POSITIONS' Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Supervisor Police Civilian Supervisor Police Civilian Supervisor Police Civilian Supervisor Police Civilian Supervisor Police Civilian Supervisor GRADE STEPHOURLY RATE !;! 52 52 52 52 52 52 52 52 90 90 90 90 90 90 90 90 15B 15B 15B 15B 15B 15B 15B 15B 43A 43A 43A 43A 43A 43A 43A 43A 15 15 15 15 15 15 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 28.91 $ 30.35 $ 31.88 $ 33.46 $ 35.15 $ 36.91 $ 38.76 $ 40.69 $ 33.32 $ 35.03 $ 36.77 $ 38.60 $ 40.52 $ 42.56 $ 44.68 $ 46.92 $ 38.65 $ 40.58 $ 42.60 $ 44.73 $ 46.99 $ 49.33 $ 51.80 $ 54.38 $ 30.57 $ 32.11 $ 33.72 $ 35,39 $ 37.16 $ 39.02 $ 40.95 $ 43.02 $ 38.65 $ 40.58 $ 42.60 $ 44.73 $ 46.99 $ 49.33 $ 5,010 $ 60,124 5,260 $ 63,125 5,526 $ 66,309 5,801 $ 69,606 6,092 $ 73,108 6,397 $ 76,769 6,718 $ 80,612 7,053 $ 84,638 5,776 $ 69,311 6,071 $ 72,858 6,373 $ 76,474 6,691 $ 80,294 7,023 $ 84,273 7,377 $ 88,526 7,745 $ 92,937 8,133 $ 97,599 6,699 $ 80,385 7,034 $ 84,410 7,385 $ 88,617 7,752 $ 93,029 8,145 $ 97,735 8,550 $ 102,602 8,978 $ 107,741 9,426 $ 113,108 5,298 $ 63,580 5,566 $ 66,786 5,844 $ 70,129 6,134 $ 73,609 6,441 $ 77,292 6,763 $ 81,158 7,099 $ 85,183 7,457 $ 89,481 6,699 $ 80,385 7,034 $ 84,410 7,385 $ 88,617 7,752 $ 93,029 8,145 $ 97,735 8,550 $ 102,602 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 2, 2022 - 1% Cost -of -Living Adjustment (REPRESENTED POSITIO Police Civilian Supervisor 15 Police Civilian Supervisor 15 Police Community Srvcs Officer 05 Police Community Srvcs Officer 05 Police Community Srvcs Officer 05 Police Community Srvcs Officer 05 Police Community Srvcs Officer 05 Police Community Srvcs Officer 05 Police Community Srvcs Officer 05 Police Community Srvcs Officer 05 Police Community Srvcs Officer 05 Police Community Srvcs Officer 05 Police Community Srvcs Officer, Senior 40 Police Community Srvcs Officer, Senior 40 Police Community Srvcs Officer, Senior 40 Police Community Srvcs Officer, Senior 40 Police Community Srvcs Officer, Senior 40 Police Community Srvcs Officer, Senior 40 Police Community Srvcs Officer, Senior 40 Police Community Srvcs Officer, Senior 40 Police Computer Systems Manager 25 Police Computer Systems Manager 25 Police Computer Systems Manager 25 Police Computer Systems Manager 25 Police Computer Systems Manager 25 Police Computer Systems Manager 25 Police Computer Systems Manager 25 Police Computer Systems Manager 25 Police Crime Analyst, Senior 87 Police Crime Analyst, Senior 87 Police Crime Analyst, Senior S7 Police Crime Analyst, Senior 87 Police Crime Analyst, Senior 87 Police Crime Analyst, Senior 87 Police Crime Analyst, Senior 87 Police Crime Analyst, Senior 87 Police Crime Prevention Specialist 21 Police Crime Prevention Specialist 21 7 8 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 51.80 $ 54.38 $ 23.21 $ 24.35 $ 25.58 $ 26.86 $ 28.18 $ $ 29.61 $ $ 31.09 $ $ 32.62 $ $ 34.26 $ $ 36.00 $ $ 29.59 $ $ 31.07 $ $ 32.63 $ $ 34.26 $ $ 35.97 $ $ 37.77 $ $ 39.66 $ $ 41.64 $ $ 54.73 $ $ 57.47 $ $ 60.34 $ $ 63.37 $ $ 66.50 $ $ 69.86 $ $ 73.35 $ $ 77.00 $ $ 33.32 $ $ 35.03 $ $ 36.77 $ $ 38.60 $ $ 40.52 $ $ 42.56 $ $ 44.68 $ $ 46.92 $ $ 31.64 $ $ 33.24 $ 8,978 $ 9,426 $ 4,023 $ 4,220 $ 4,434 $ 4,656 $ 4,885 $ 5,132 $ 5,389 $ 5,655 $ 5,939 $ 6,240 $ 5,130 $ 5,386 $ 5,655 $ 5,938 $ 6,235 $ 6,547 $ 6,874 $ 7,218 $ 9,486 $ 9,962 $ 10,458 $ 10,983 $ 11,527 $ 12,109 $ 12,713 $ 13,346 $ 5,776 $ 6,071 $ 6,373 $ 6,691 $ 7,023 $ 7,377 $ 7,745 $ 8,133 $ 5,484 $ 5,761 $ 107,741 113,108 48,277 50,642 53,211 55,872 58,623 61,579 64,672 67,855 71,266 74,882 61,554 64,632 67,863 71,257 74,819 78,561 82,488 86,613 113,835 119,543 125,501 131,800 138,326 145,307 152,561 160,156 69,311 72,858 76,474 80,294 84,273 88,526 92,937 97,599 65,809 69,129 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021- November 30, 2025 (Exhibit A) Effective July 2, 2022 - 1% Cost -of -Living Adjustment REPRESENTED POSITIONS GRADE SiTEP HOURLY RA Police Crime Prevention Specialist 21 3 $ 34.89 $ 6,047 $ Police Crime Prevention Specialist 21 4 $ 36.65 $ 6,352 $ Police Crime Prevention Specialist 21 5 $ 38.48 $ 6,670 $ Police Crime Prevention Specialist 21 6 $ 40.41 $ 7,004 $ Police Crime Prevention Specialist 21 7 $ 42.41 $ 7,351 $ Police Crime Prevention Specialist 21 8 $ 44.55 $ 7,722 $ Police Crime Scene Investigator 43 1 $ 30.57 $ 5,298 $ Police Crime Scene Investigator 43 2 $ 32.11 $ 5,566 $ Police Crime Scene Investigator 43 3 $ 33.72 $ 5,844 $ Police Crime Scene Investigator 43 4 $ 35.39 $ 6,134 $ Police Crime Scene Investigator 43 5 $ 37.16 $ 6,441 $ Police Crime Scene Investigator 43 6 $ 39.02 $ 6,763 $ Police Crime Scene Investigator 43 7 $ 40.95 $ 7,099 $ Police Crime Scene Investigator 43 8 $ 43.02 $ 7,457 $ Police Crime Scene Investigator, Senior 86 1 $ 33.06 $ 5,730 $ Police Crime Scene Investigator, Senior 86 2 $ 34.71 $ 6,017 $ Police Crime Scene Investigator, Senior 86 3 $ 36.44 $ 6,316 $ Police Crime Scene Investigator, Senior 86 4 $ 38.23 $ 6,627 $ Police Crime Scene Investigator, Senior 86 5 $ 40.17 $ 6,962 $ Police Crime Scene Investigator, Senior 86 6 $ 42.17 $ 7,309 $ Police Crime Scene Investigator, Senior 86 7 $ 44.29 $ 7,677 $ Police Crime Scene Investigator, Senior 86 8 $ 46.51 $ 8,061 $ Police Custody Officer 55 1 $ 29.03 $ 5,031 $ Police Custody Officer 55 2 $ 30.50 $ 5,287 $ Police Custody Officer 55 3 $ 32.00 $ 5,547 $ Police Custody Officer 55 4 $ 33.62 $ 5,827 $ Police Custody Officer 55 5 $ 35.29 $ 6,117 $ Police Custody Officer 55 6 $ 37.06 $ 6,424 $ Police Custody Officer 55 7 $ 38.90 $ 6,742 $ Police Custody Officer 55 8 $ 40.85 $ 7,082 $ Police Dispatcher 70 1 $ 29.58 $ 5,128 $ Police Dispatcher 70 2 $ 31.07 $ 5,386 $ Police Dispatcher 70 3 $ 32.61 $ 5,653 $ Police Dispatcher 70 4 $ 34.24 $ 5,935 $ Police Dispatcher 70 5 $ 35.98 $ 6,236 $ Police Dispatcher 70 6 $ 37.76 $ 6,545 $ Police Dispatcher 70 7 $ 39.65 $ 6,873 $ Police Dispatcher 70 8 $ 41.63 $ 7,216 $ 72,563 76,223 80,044 84,046 88,207 92,665 63,580 66,786 70,129 73,609 77,292 81,158 85,183 89,481 68,765 72,199 75,792 79,521 83,546 87,707 92,119 96,735 60,374 63,444 66,559 69,924 73,404 77,088 80,908 84,978 61,534 64,626 67,832 71,221 74,837 78,543 82,477 86,593 EXHIBIT 6 RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 2, 2022 - 1% Cost -of -Living Adjustment REPRESENTED POSIT!O'f Police Dispatcher, Senior 99 Police Dispatcher, Senior 99 Police Dispatcher, Senior 99 Police Dispatcher, Senior 99 Police Dispatcher, Senior 99 Police Dispatcher, Senior 99 Police Dispatcher, Senior 99 Police Dispatcher, Senior 99 Police Electronics Specialist 05A Police Electronics Specialist 05A Police Electronics Specialist 05A Police Electronics Specialist 05A Police Electronics Specialist 05A Police Electronics Specialist 05A Police Electronics Specialist 05A Police Electronics Specialist 05A Police Emergency Srvcs Coordinator 04 Police Emergency Srvcs Coordinator 04 Police Emergency Srvcs Coordinator 04 Police Emergency Srvcs Coordinator 04 Police Emergency Srvcs Coordinator 04 Police Emergency Srvcs Coordinator 04 Police Emergency Srvcs Coordinator 04 Police Emergency Srvcs Coordinator 04 Police Fiscal Srvcs/Facilities Manager 03 Police Fiscal Srvcs/Facilities Manager 03 Police Fiscal Srvcs/Facilities Manager 03 Police Fiscal Srvcs/Facilities Manager 03 Police Fiscal Srvcs/Facilities Manager 03 Police Fiscal Srvcs/Facilities Manager 03 Police Fiscal Srvcs/Facilities Manager 03 Police Fiscal Srvcs/Facilities Manager 03 Police IT Analyst 61 Police IT Analyst 61 Police IT Analyst 61 Police IT Analyst 61 Police IT Analyst 61 Police IT Analyst 61 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 34.02 $ 35.72 $ 37.49 $ 39.38 $ 41.36 $ 43.41 $ 45.58 $ 47.86 $ 37.26 $ 39.13 $ 41.08 $ 43.15 $ 45.29 $ 47.56 $ 49.94 $ 52.43 $ 38.54 $ 40.44 $ 42.43 $ 44.57 $ 46.84 $ 49.14 $ 51.59 $ 54.19 $ 44.22 $ 46.43 $ 48.75 $ 51.18 $ 53.76 $ 56.44 $ 59.28 $ 62.20 $ 38.71 $ 40.66 $ 42.67 $ 44.79 $ 47.05 $ 49.39 $ 5,897 $ 6,191 $ 6,498 $ 6,826 $ 7,169 $ 7,525 $ 7,900 $ 8,296 $ 6,458 $ 6,782 $ 7,121 $ 7,479 $ 7,851 $ 8,243 $ 8,656 $ 9,088 $ 6,680 $ 7,010 $ 7,354 $ 7,726 $ 8,118 $ 8,518 $ 8,942 $ 9,393 $ 7,665 $ 8,048 $ 8,450 $ 8,870 $ 9,318 $ 9,784 $ 10,275 $ 10,781 $ 6,710 $ 7,047 $ 7,396 $ 7,764 $ 8,156 $ 8,561 $ 70,766 74,291 77,975 81,909 86,024 90,300 94,802 99,555 77,497 81,385 85,456 89,754 94,211 98,918 103,875 109,060 80,158 84,114 88,253 92,710 97,417 102,215 107,309 112,721 91,982 96,576 101,396 106,445 111,811 117,405 123,295 129,366 80,521 84,569 88,753 93,165 97,872 102,738 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Reach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 2, 2022 - 1% Cost -of -Living Adjustment Police IT Analyst 61 7 $ 51.88 $ 8,992 $ Police IT Analyst 61 8 $ 54.46 $ 9,439 $ Police IT Coordinator 02A 1 $ 45.33 $ 7,857 $ Police IT Coordinator 02A 2 $ 47.59 $ 8,249 $ Police IT Coordinator 02A 3 $ 49.98 $ 8,664 $ Police IT Coordinator 02A 4 $ 52.45 $ 9,092 $ Police IT Coordinator 02A 5 $ 55.11 $ 9,553 $ Police IT Coordinator 02A 6 $ 57.84 $ 10,026 $ Police IT Coordinator 02A 7 $ 60.74 $ 10,528 $ Police IT Coordinator 02A 8 $ 63.78 $ 11,055 $ Police Mechanic I 17 1 $ 24.16 $ 4,188 $ Police Mechanic I 17 2 $ 25.34 $ 4,393 $ Police Mechanic I 17 3 $ 26.61 $ 4,612 $ Police Mechanic I 17 4 $ 27.95 $ 4,845 $ Police Mechanic I 17 5 $ 29.35 $ 5,088 $ Police Mechanic I 17 6 $ 30.84 $ 5,346 $ Police Mechanic I 17 7 $ 32.38 $ 5,613 $ Police Mechanic I 17 8 $ 33.98 $ 5,890 $ Police Mechanic II 18 1 $ 27.98 $ 4,849 $ Police Mechanic 11 18 2 $ 29.36 $ 5,090 $ Police Mechanic II 18 3 $ 30.86 $ 5,350 $ Police Mechanic 11 18 4 $ 32.42 $ 5,619 $ Police Mechanic 11 18 5 $ 34.02 $ 5,897 $ Police Mechanic II 18 6 $ 35.72 $ 6,191 $ Police Mechanic 11 18 7 $ 37.49 $ 6,498 $ Police Mechanic II 18 R $ 39.38 $ 6,826 $ Police Mechanic, Senior 19 1 $ 30.86 $ 5,350 $ Police Mechanic, Senior 19 2 $ 32.42 $ 5,619 $ Police Mechanic, Senior 19 3 $ 34.02 $ 5,897 $ Police Mechanic, Senior 19 4 $ 35.73 $ 6,193 $ Police Mechanic, Senior 19 5 $ 37.49 $ 6,498 $ Police Mechanic, Senior 19 6 $ 39.38 $ 6,826 $ Police Mechanic, Senior 19 7 $ 41.36 $ 7,169 $ Police Mechanic, Senior 19 8 $ 43.41 $ 7,525 $ Police Officer 15A 1 $ 35.54 $ 6,161 $ Police Officer 15A 2 $ 37.33 $ 6,471 $ Police Officer 15A 3 $ 39.19 $ 6,793 $ Police Officer 15A 4 $ 41.17 $ 7,136 $ 107,900 113,267 94,279 98,986 103,966 109,105 114,631 120,316 126,342 132,663 50,255 52,711 55,349 58,146 61,056 64,149 67,355 70,675 58,191 61,079 64,195 67,423 70,766 74,291 77,975 81,909 64,195 67,423 70,766 74,313 77,975 81,909 86,024 90,300 73,927 77,656 81,522 85,638 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 2, 2022 - 1% Cost -of -Living Adjustment REPRESENTED POSITION Police Officer 15A 5 $ 43.23 $ 7,493 $ Police Officer 15A 6 $ 45.36 $ 7,862 $ Police Officer 15A 7 $ 49.90 $ 8,649 $ Police Officer 15A 8 $ 52.39 $ 9,081 $ Police Officer 15A 9 $ 55.01 $ 9,536 $ Police Officer 15A 10 $ 57.77 $ 10,013 $ Police Officer 15A 11 $ 60.65 $ 10,513 $ Police Rangemaster-Armorer 45 1 $ 28.83 $ 4,997 $ Police Rangemaster-Armorer 45 2 $ 30.26 $ 5,245 $ Police Rangemaster-Armorer 45 3 $ 31.80 $ 5,512 $ Police Rangemaster-Armorer 45 4 $ 33.38 $ 5,785 $ Police Rangemaster-Armorer 45 5 $ 35.06 $ 6,077 $ Police Rangemaster-Armorer 45 6 $ 36.79 $ 6,377 $ Police Rangemaster-Armorer 45 7 $ 38.64 $ 6,697 $ Police Rangemaster-Armorer 45 8 $ 40.55 $ 7,028 $ Police Recruit 07 1 $ 32.19 $ 5,579 $ Police Station Officer 52A 1 $ 28.91 $ 5,010 $ Police Station Officer 52A 2 $ 30.35 $ 5,260 $ Police Station Officer 52A 3 $ 31.88 $ 5,526 $ Police Station Officer 52A 4 $ 33.46 $ 5,801 $ Police Station Officer 52A 5 $ 35.15 $ 6,092 $ Police Station Officer 52A 6 $ 36.91 $ 6,397 $ Police Station Officer 52A 7 $ 38.76 $ 6,718 $ Police Station Officer 52A 8 $ 40.69 $ 7,053 $ Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. 89,913 94,347 103,784 108,969 114,427 120,157 126,160 59,965 62,944 66,150 69,425 72,926 76,519 80,362 84,342 66,946 60,124 63,125 66,309 69,606 73,108 76,769 80,612 84,638 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 15, 2023 - 3% Cost -of -Living Adjustment REPRESENTED :, Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Animal Control Officer, Senior Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Custody Supervisor Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Investigator Police Civilian Supervisor Police Civilian Supervisor Police Civilian Supervisor Police Civilian Supervisor Police Civilian Supervisor Police Civilian Supervisor 52 52 52 52 52 52 52 52 90 90 90 90 90 90 90 90 15B 15B 15B 15B 15B 15B 15B 15B 43A 43A 43A 43A 43A 43A 43A 43A 15 15 15 15 15 15 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 29.77 $ 31.26 $ 32.84 $ 34.47 $ 36.20 $ 38.02 $ 39.92 $ 41.91 $ 34.32 $ 36.08 $ 37.87 $ 39.76 $ 41.73 $ 43.84 $ 46.02 $ 48.33 $ 39.81 $ 41.80 $ 43.88 $ 46.07 $ 48.40 $ 50.81 $ 53.35 $ 56.01 $ 31.48 $ 33.07 $ 34.73 $ 36.45 $ 38.27 $ 40.19 $ 42.18 $ 44.31 $ 39.81 $ 41.80 $ 43.88 $ 46.07 $ 48.40 $ 50.81 $ 5,161 $ 5,418 $ 5,692 $ 5,975 $ 6,275 $ 6,589 $ 6,919 $ 7,265 $ 5,949 $ 6,254 $ 6,564 $ 6,892 $ 7,233 $ 7,598 $ 7,977 $ 8,377 $ 6,900 $ 7,245 $ 7,606 $ 7,985 $ 8,389 $ 8,807 $ 9,248 $ 9,708 $ 5,457 $ 5,733 $ 6,019 $ 6,318 $ 6,634 $ 6,966 $ 7,312 $ 7,680 $ 6,900 $ 7,245 $ 7,606 $ 7,985 $ 8,389 $ 8,807 $ 61,928 65,019 68,298 71,694 75,302 79,072 83,031 87,176 71,390 75,044 78,768 82,703 86,802 91,182 95,725 100,527 82,796 86,942 91,275 95,819 100,667 105,680 110,973 116,501 65,488 68,790 72,233 75,817 79,611 83,593 87,739 92,165 82,796 86,942 91,275 95,819 100,667 105,680 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 15, 2023 - 3% Cost -of -Living Adjustment Police Civilian Supervisor Police Civilian Supervisor Police Community Srvcs Officer Police Community Srvcs Officer Police Community Srvcs Officer Police Community Srvcs Officer Police Community Srvcs Officer Police Community Srvcs Officer Police Community Srvcs Officer Police Community Srvcs Officer Police Community Srvcs Officer Police Community Srvcs Officer Police Community Srvcs Officer, Senior Police Community Srvcs Officer, Senior Police Community Srvcs Officer, Senior Police Community Srvcs Officer, Senior Police Community Srvcs Officer, Senior Police Community Srvcs Officer, Senior Police Community Srvcs Officer, Senior Police Community Srvcs Officer, Senior Police Computer Systems Manager Police Computer Systems Manager Police Computer Systems Manager Police Computer Systems Manager Police Computer Systems Manager Police Computer Systems Manager Police Computer Systems Manager Police Computer Systems Manager Police Crime Analyst, Senior Police Crime Analyst, Senior Police Crime Analyst, Senior Police Crime Analyst, Senior Police Crime Analyst, Senior Police Crime Analyst, Senior Police Crime Analyst, Senior Police Crime Analyst, Senior Police Crime Prevention Specialist Police Crime Prevention Specialist 15 7 $ 53.35 $ 9,248 $ 15 8 $ 56.01 $ 9,708 $ 05 1 $ 23.91 $ 4,144 $ 05 2 $ 25.08 $ 4,347 $ 05 3 $ 26.35 $ 4,567 $ 05 4 $ 27.67 $ 4,796 $ 05 5 $ 29.03 $ 5,032 $ 05 6 $ 30.49 $ 5,286 $ 05 7 $ 32.03 $ 5,551 $ 05 8 $ 33.60 $ 5,824 $ 05 9 $ 35.29 $ 6,117 $ 05 10 $ 37.08 $ 6,427 $ 40 1 $ 30.48 $ 5,283 $ 40 2 $ 32.01 $ 5,548 $ 40 3 $ 33.61 $ 5,825 $ 40 4 $ 35.29 $ 6,116 $ 40 5 $ 37,05 $ 6,422 $ 40 6 $ 38.90 $ 6,743 $ 40 7 $ 40.85 $ 7,080 $ 40 8 $ 42.89 $ 7,434 $ 25 1 $ 56.37 $ 9,771 $ 25 2 $ 59.20 $ 10,261 $ 25 3 $ 62.15 $ 10,772 $ 25 4 $ 65.27 $ 11,313 $ 25 5 $ 68.50 $ 11,873 $ 25 6 $ 71.95 $ 12,472 $ 25 7 $ 75.55 $ 13,095 $ 25 8 $ 79.31 $ 13,747 $ 87 1 $ 34.32 $ 5,949 $ 87 2 $ 36.08 $ 6,254 $ 87 3 $ 37.87 $ 6,564 $ 87 4 $ 39.76 $ 6,892 $ 87 5 $ 41.73 $ 7,233 $ 87 6 $ 43.84 $ 7,598 $ 87 7 $ 46.02 $ 7,977 $ 87 8 $ 48.33 $ 8,377 $ 21 1 $ 32.59 $ 5,649 $ 21 2 $ 34.23 $ 5,934 $ 110 973 116 501 49 725 52,161 54,807 57,548 60,382 63,427 66,612 69,891 73,404 77,128 63,401 66,571 69,899 73,394 77,063 80,917 84,963 89,211 117,250 123,129 129,266 135,754 142,476 149,666 157,138 164,961 71,390 75,044 78,768 82,703 86,802 91,182 95,725 100,527 67,783 71,203 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 15, 2023 - 3% Cost -of -Living Adjustment ED POSITIONS Police Crime Prevention Specialist Police Crime Prevention Specialist Police Crime Prevention Specialist Police Crime Prevention Specialist Police Crime Prevention Specialist Police Crime Prevention Specialist Police Crime Scene Investigator Police Crime Scene Investigator Police Crime Scene Investigator Police Crime Scene Investigator Police Crime Scene Investigator Police Crime Scene Investigator Police Crime Scene Investigator Police Crime Scene Investigator Police Crime Scene Investigator, Senior Police Crime Scene Investigator, Senior Police Crime Scene Investigator, Senior Police Crime Scene Investigator, Senior Police Crime Scene Investigator, Senior Police Crime Scene Investigator, Senior Police Crime Scene Investigator, Senior Police Crime Scene Investigator, Senior Police Custody Officer Police Custody Officer Police Custody Officer Police Custody Officer Police Custody Officer Police Custody Officer Police Custody Officer Police Custody Officer Police Dispatcher Police Dispatcher Police Dispatcher Police Dispatcher Police Dispatcher Police Dispatcher Police Dispatcher Police Dispatcher 21 3 $ 35.93 $ 6,228 $ 21 4 $ 37.75 $ 6,543 $ 21 5 $ 39.64 $ 6,870 $ 21 6 $ 41.62 $ 7,214 $ 21 7 $ 43.68 $ 7,571 $ 21 8 $ 45.89 $ 7,954 $ 43 1 $ 31.48 $ 5,457 $ 43 2 $ 33.07 $ 5,733 $ 43 3 $ 34.73 $ 6,019 $ 43 4 $ 36.45 $ 6,318 $ 43 5 $ 38.27 $ 6,634 $ 43 6 $ 40.19 $ 6,966 $ 43 7 $ 42.18 $ 7,312 $ 43 8 $ 44.31 $ 7,680 $ 86 1 $ 34.05 $ 5,902 $ 86 2 $ 35.75 $ 6,197 $ 86 3 $ 37.53 $ 6,505 $ 86 4 $ 39.38 $ 6,826 $ 86 5 $ 41.37 $ 7,171 $ 86 6 $ 43.43 $ 7,528 $ 86 7 $ 45.62 $ 7,907 $ 86 8 $ 47.90 $ 8,303 $ 55 1 $ 29.90 $ 5,182 $ 55 2 $ 31.42 $ 5,446 $ 55 3 $ 32.96 $ 5,713 $ 55 4 $ 34.63 $ 6,002 $ 55 5 $ 36.35 $ 6,300 $ 55 6 $ 38.17 $ 6,617 $ 55 7 $ 40.06 $ 6,945 $ 55 8 $ 42.08 $ 7,294 $ 70 1 $ 30.47 $ 5,282 $ 70 2 $ 32.00 $ 5,547 $ 70 3 $ 33.59 $ 5,822 $ 70 4 $ 35.27 $ 6,113 $ 70 5 $ 37.06 $ 6,423 $ 70 6 $ 38.89 $ 6,742 $ 70 7 $ 40.84 $ 7,079 $ 70 8 $ 42.88 $ 7,433 $ 74,740 78,510 82,445 86,568 90,854 95,444 65,488 68,790 72,233 75,817 79,611 83,593 87,739 92,165 70,828 74,365 78,065 81,907 86,052 90,338 94,882 99,637 62,185 65,347 68,556 72,022 75,606 79,400 83,335 87,527 63,380 66,565 69,868 73,357 77,082 80,899 84,951 89,191 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 15, 2023 - 3% Cost -of -Living Adjustment I•RtEPRES Police Dispatcher, Senior 99 1 $ 35.04 $ 6,074 $ Police Dispatcher, Senior 99 2 $ 36.79 $ 6,377 $ Police Dispatcher, Senior 99 3 $ 38.61 $ 6,693 $ Police Dispatcher, Senior 99 4 $ 40.56 $ 7,030 $ Police Dispatcher, Senior 99 5 $ 42.60 $ 7,384 $ Police Dispatcher, Senior 99 6 $ 44.72 $ 7,751 $ Police Dispatcher, Senior 99 7 $ 46.95 $ 8,137 $ Police Dispatcher, Senior 99 8 $ 49.30 $ 8,545 $ Police Electronics Specialist 05A 1 $ 38.38 $ 6,652 $ Police Electronics Specialist 05A 2 $ 40.30 $ 6,986 $ Police Electronics Specialist 05A 3 $ 42.32 $ 7,335 $ Police Electronics Specialist 05A 4 $ 44.45 $ 7,704 $ Police Electronics Specialist 05A 5 $ 46.65 $ 8,086 $ Police Electronics Specialist 05A 6 $ 48.98 $ 8,490 $ Police Electronics Specialist 05A 7 $ 51.44 $ 8,916 $ Police Electronics Specialist 05A 8 $ 54.01 $ 9,361 $ Police Emergency Srvcs Coordinator 04 1 $ 39.69 $ 6,880 $ Police Emergency Srvcs Coordinator 04 2 $ 41,65 $ 7,220 $ Police Emergency Srvcs Coordinator 04 3 $ 43.70 $ 7,575 $ Police Emergency Srvcs Coordinator 04 4 $ 45.91 $ 7,958 $ Police Emergency Srvcs Coordinator 04 5 $ 48.24 $ 8,362 $ Police Emergency Srvcs Coordinator 04 6 $ 50.62 $ 8,773 $ Police Emergency Srvcs Coordinator 04 7 $ 53.14 $ 9,211 $ Police Emergency Srvcs Coordinator 04 8 $ 55.82 $ 9,675 $ Police Fiscal Srvcs/Facilities Manager 03 1 $ 45.55 $ 7,895 $ Police Fiscal Srvcs/Facilities Manager 03 2 $ 47.82 $ 8,289 $ Police Fiscal Srvcs/Facilities Manager 03 3 $ 50.21 $ 8,703 $ Police Fiscal Srvcs/Facilities Manager 03 4 $ 52.71 $ 9,137 $ Police Fiscal Srvcs/Facilities Manager 03 5 $ 55.37 $ 9,597 $ Police Fiscal Srvcs/Facilities Manager 03 6 $ 58.14 $ 10,077 $ Police Fiscal Srvcs/Facilities Manager 03 7 $ 61.05 $ 10,583 $ Police Fiscal Srvcs/Facilities Manager 03 8 $ 64.06 $ 11,104 $ Police IT Analyst 61 1 $ 39.87 $ 6,911 $ Police IT Analyst 61 2 $ 41.88 $ 7,259 $ Police IT Analyst 61 3 $ 43.95 $ 7,618 $ Police IT Analyst 61 4 $ 46.13 $ 7,997 $ Police IT Analyst 61 5 $ 48.47 $ 8,401 $ Police IT Analyst 61 6 $ 50.88 $ 8,818 $ 72,889 76,520 80,314 84,366 88,605 93,009 97,646 102,541 79,822 83,827 88,020 92,446 97,037 101,885 106,992 112,332 82,562 86,638 90,901 95,491 100,339 105,282 110,528 116,103 94,742 99,473 104,438 109,638 115,166 120,928 126,994 133,247 82,937 87,106 91,416 95,960 100,808 105,820 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021- November 30, 2025 (Exhibit A) Effective July 15, 2023 - 3% Cost -of -Living Adjustment Police IT Analyst 61 7 $ 53.43 $ 9,261 $ Police IT Analyst 61 8 $ 56.09 $ 9,722 $ Police IT Coordinator 02A 1 $ 46.69 $ 8,092 $ Police IT Coordinator 02A 2 $ 49.02 $ 8,496 $ Police IT Coordinator 02A 3 $ 51.48 $ 8,924 $ Police IT Coordinator 02A 4 $ 54.03 $ 9,365 $ Police IT Coordinator 02A 5 $ 56.76 $ 9,839 $ Police IT Coordinator 02A 6 $ 59.58 $ 10,327 $ Police IT Coordinator 02A 7 $ 62.56 $ 10,844 $ Police IT Coordinator 02A 8 $ 65.69 $ 11,387 $ Police Mechanic I 17 1 $ 24.89 $ 4,314 $ Police Mechanic I 17 2 $ 26.10 $ 4,524 $ Police Mechanic I 17 3 $ 27.41 $ 4,751 $ Police Mechanic I 17 4 $ 28.79 $ 4,991 $ Police Mechanic I 17 5 $ 30.23 $ 5,241 $ Police Mechanic I 17 6 $ 31.77 $ 5,506 $ Police Mechanic I 17 7 $ 33.35 $ 5,781 $ Police Mechanic I 17 8 $ 35.00 $ 6,066 $ Police Mechanic II 18 1 $ 28.82 $ 4,995 $ Police Mechanic II 18 2 $ 30.25 $ 5,243 $ Police Mechanic II 18 3 $ 31.79 $ 5,510 $ Police Mechanic 11 18 4 $ 33.39 $ 5,787 $ Police Mechanic II 18 5 $ 35.04 $ 6,074 $ Police Mechanic II 18 6 $ 36.79 $ 6,377 $ Police Mechanic II 18 7 $ 38.61 $ 6,693 $ Police Mechanic II 18 8 $ 40.56 $ 7,030 $ Police Mechanic, Senior 19 1 $ 31.79 $ 5,510 $ Police Mechanic, Senior 19 2 $ 33.39 $ 5,787 $ Police Mechanic, Senior 19 3 $ 35.04 $ 6,074 $ Police Mechanic, Senior 19 4 $ 36.80 $ 6,379 $ Police Mechanic, Senior 19 5 $ 38.61 $ 6,693 $ Police Mechanic, Senior 19 6 $ 40.56 $ 7,030 $ Police Mechanic, Senior 19 7 $ 42.60 $ 7,384 $ Police Mechanic, Senior 19 8 $ 44.72 $ 7,751 $ Police Officer 15A 1 $ 36.61 $ 6,345 $ Police Officer 15A 2 $ 38.45 $ 6,665 $ Police Officer 15A 3 $ 40.37 $ 6,997 $ Police Officer 15A 4 $ 42.41 $ 7,351 $ 111,137 116,665 97,107 101,956 107,085 112,379 118,070 123,926 130,132 136,643 51,762 54,292 57,009 59,890 62,888 66,073 69,376 72,795 59,937 62,911 66,120 69,446 72,889 76,520 80,314 84,366 66,120 69,446 72,889 76,543 80,314 84,366 88,605 93,009 76,145 79,986 83,968 88,207 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021- November 30, 2025 (Exhibit A) Effective July 15, 2023 - 3% Cost -of -Living Adjustment }REPRESENTED POSITIONS; GRADE STEP' HOUi Police Officer 15A 5 $ 44.52 $ 7,718 $ Police Officer 15A 6 $ 46.72 $ 8,098 $ Police Officer 15A 7 $ 51.39 $ 8,908 $ Police Officer 15A 8 $ 53.96 $ 9,353 $ Police Officer 15A 9 $ 56.66 $ 9,822 $ Police Officer 15A 10 $ 59.50 $ 10,313 $ Police Officer 15A 11 $ 62.47 $ 10,829 $ Police Rangemaster-Armorer 45 1 $ 29.69 $ 5,147 $ Police Rangemaster-Armorer 45 2 $ 31.17 $ 5,403 $ Police Rangemaster-Armorer 45 3 $ 32.76 $ 5,678 $ Police Rangemaster-Armorer 45 4 $ 34.38 $ 5,959 $ Police Rangemaster-Armorer 45 5 $ 36.11 $ 6,260 $ Police Rangemaster-Armorer 45 6 $ 37.89 $ 6,568 $ Police Rangemaster-Armorer 45 7 $ 39.79 $ 6,898 $ Police Rangemaster-Armorer 45 8 $ 41.77 $ 7,239 $ Police Recruit 07 1 $ 33.15 $ 5,746 $ Police Station Officer 52A 1 $ 29.77 $ 5,161 $ Police Station Officer 52A 2 $ 31.26 $ 5,418 $ Police Station Officer 52A 3 $ 32.84 $ 5,692 $ Police Station Officer 52A 4 $ 34.47 $ 5,975 $ Police Station Officer 52A 5 $ 36.20 $ 6,275 $ Police Station Officer 52A 6 $ 38.02 $ 6,589 $ Police Station Officer 52A 7 $ 39.92 $ 6,919 $ Police Station Officer 52A 8 $ 41.91 $ 7,265 $ Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. 92,610 97,178 106,898 112,238 117,859 123,762 129,945 61,764 64,832 68,134 71,507 75,114 78,815 82,773 86,872 68,954 61,928 65,019 68,298 71,694 75,302 79,072 83,031 87,176 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 13, 2024 - 3% Cost -of -Living Adjustment REPRESENTED POSITIONS` Police Animal Control Officer 52 1 $ 30.67 $ 5,315 $ Police Animal Control Officer 52 2 $ 32.20 $ 5,581 $ Police Animal Control Officer 52 3 $ 33.82 $ 5,862 $ Police Animal Control Officer 52 4 $ 35.50 $ 6,154 $ Police Animal Control Officer 52 5 $ 37.29 $ 6,463 $ Police Animal Control Officer 52 6 $ 39.16 $ 6,787 $ Police Animal Control Officer 52 7 $ 41.12 $ 7,127 $ Police Animal Control Officer 52 8 $ 43.17 $ 7,483 $ Police Animal Control Officer, Senior 90 1 $ 35.35 $ 6,128 $ Police Animal Control Officer, Senior 90 2 $ 37.16 $ 6,441 $ Police Animal Control Officer, Senior 90 3 $ 39.01 $ 6,761 $ Police Animal Control Officer, Senior 90 4 $ 40.95 $ 7,099 $ Police Animal Control Officer, Senior 90 5 $ 42.98 $ 7,450 $ Police Animal Control Officer, Senior 90 6 $ 45.15 $ 7,826 $ Police Animal Control Officer, Senior 90 7 $ 47.40 $ 8,216 $ Police Animal Control Officer, Senior 90 8 $ 49.78 $ 8,629 $ Police Civilian Custody Supervisor 15B 1 $ 41.00 $ 7,107 $ Police Civilian Custody Supervisor 15B 2 $ 43.05 $ 7,463 $ Police Civilian Custody Supervisor 15B 3 $ 45.20 $ 7,834 $ Police Civilian Custody Supervisor 15B 4 $ 47.45 $ 8,224 $ Police Civilian Custody Supervisor 15B 5 $ 49.85 $ 8,641 $ Police Civilian Custody Supervisor 15B 6 $ 52.33 $ 9,071 $ Police Civilian Custody Supervisor 15B 7 $ 54.95 $ 9,525 $ Police Civilian Custody Supervisor 15B 8 $ 57.69 $ 10,000 $ Police Civilian Investigator 43A 1 $ 32.43 $ 5,621 $ Police Civilian Investigator 43A 2 $ 34.06 $ 5,904 $ Police Civilian Investigator 43A 3 $ 35.77 $ 6,200 $ Police Civilian Investigator 43A 4 $ 37.54 $ 6,508 $ Police Civilian Investigator 43A 5 $ 39.42 $ 6,833 $ Police Civilian Investigator 43A 6 $ 41.39 $ 7,175 $ Police Civilian Investigator 43A 7 $ 43.45 $ 7,531 $ Police Civilian Investigator 43A 8 $ 45.64 $ 7,911 $ Police Civilian Supervisor 15 1 $ 41.00 $ 7,1.07 $ Police Civilian Supervisor 15 2 $ 43.05 $ 7,463 $ Police Civilian Supervisor 1.5 3 $ 45.20 $ 7,834 $ Police Civilian Supervisor 15 4 $ 47.45 $ 8,224 $ Police Civilian Supervisor 15 5 $ 49.85 $ 8,641 $ Police Civilian Supervisor 15 6 $ 52.33 $ 9,071 $ 63,786 66,970 70,347 73,845 77,561 81,444 85,522 89,792 73,532 77,295 81,131 85,184 89,405 93,917 98,597 103,543 85,281 89,550 94,013 98,694 103,687 108,850 114,303 119,996 67,452 70,854 74,400 78,091 81,999 86,101 90,371 94,930 85,281 89,550 94,013 98,694 103,687 108,850 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 13, 2024 - 3% Cost -of -Living Adjustment Police Civilian Supervisor 15 7 $ 54.95 $ 9,525 $ Police Civilian Supervisor 15 8 $ 57.69 $ 10,000 $ Police Community Srvcs Officer 05 1 $ 24.62 $ 4,268 $ Police Community Srvcs Officer 05 2 $ 25.83 $ 4,477 $ Police Community Srvcs Officer 05 3 $ 27.14 $ 4,704 $ Police Community Srvcs Officer 05 4 $ 28.50 $ 4,940 $ Police Community Srvcs Officer 05 5 $ 29.90 $ 5,183 $ Police Community Srvcs Officer 05 6 $ 31.41 $ 5,444 $ Police Community Srvcs Officer 05 7 $ 32.99 $ 5,718 $ Police Community Srvcs Officer 05 8 $ 34.61 $ 5,999 $ Police Community Srvcs Officer 05 9 $ 36.35 $ 6,301 $ Police Community Srvcs Officer 05 10 $ 38.19 $ 6,620 $ Police Community Srvcs Officer, Senior 40 1 $ 31.40 $ 5,442 $ Police Community Srvcs Officer, Senior 40 2 $ 32.97 $ 5,714 $ Police Community Srvcs Officer, Senior 40 3 $ 34.61 $ 6,000 $ Police Community Srvcs Officer, Senior 40 4 $ 36.34 $ 6,300 $ Police Community Srvcs Officer, Senior 40 5 $ 38.16 $ 6,615 $ Police Community Srvcs Officer, Senior 40 6 $ 40.07 $ 6,945 $ Police Community Srvcs Officer, Senior 40 7 $ 42.07 $ 7,293 $ Police Community Srvcs Officer, Senior 40 8 $ 44.18 $ 7,657 $ Police Computer Systems Manager 25 1 $ 58.06 $ 10,064 $ Police Computer Systems Manager 25 2 $ 60.97 $ 10,569 $ Police Computer Systems Manager 25 3 $ 64.01 $ 11,095 $ Police Computer Systems Manager 25 4 $ 67.22 $ 11,652 $ Police Computer Systems Manager 25 5 $ 70.55 $ 12,229 $ Police Computer Systems Manager 25 6 $ 74.11 $ 12,846 $ Police Computer Systems Manager 25 7 $ 77.81 $ 13,488 $ Police Computer Systems Manager 25 8 $ 81.69 $ 14,159 $ Police Crime Analyst, Senior 87 1 $ 35.35 $ 6,128 $ Police Crime Analyst, Senior 87 2 $ 37.16 $ 6,441 $ Police Crime Analyst, Senior 87 3 $ 39.01 $ 6,761 $ Police Crime Analyst, Senior 87 4 $ 40.95 $ 7,099 $ Police Crime Analyst, Senior 87 5 $ 42.98 $ 7,450 $ Police Crime Analyst, Senior 87 6 $ 45.15 $ 7,826 $ Police Crime Analyst, Senior 87 7 $ 47.40 $ 8,216 $ Police Crime Analyst, Senior 87 8 $ 49.78 $ 8,629 $ Police Crime Prevention Specialist 21 1 $ 33.57 $ 5,818 $ Police Crime Prevention Specialist 21 2 $ 35.26 $ 6,112 $ 114,303 119,996 51,217 53,726 56,452 59,274 62,193 65,329 68,610 71,988 75,606 79,442 65,303 68,568 71,996 75,596 79,375 83,345 87,512 91,888 120,768 126,823 133,144 139,826 146,750 154,156 161,852 169,909 73,532 77,295 81,131 85,184 89,405 93,917 98,597 103,543 69,817 73,339 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021- November 30, 2025 (Exhibit A) Effective July 13, 2024 - 3% Cost -of -Living Adjustment REPRESENTED POSITIOII Police Crime Prevention Specialist 21 3 $ 37.01 $ 6,415 $ 76,982 Police Crime Prevention Specialist 21 4 $ 38.88 $ 6,739 $ 80,866 Police Crime Prevention Specialist 21 5 $ 40.83 $ 7,077 $ 84,919 Police Crime Prevention Specialist 21 6 $ 42.87 $ 7,430 $ 89,165 Police Crime Prevention Specialist 21 7 $ 44.99 $ 7,798 $ 93,579 Police Crime Prevention Specialist 21 8 $ 47.26 $ 8,192 $ 98,308 Police Crime Scene Investigator 43 1 $ 32.43 $ 5,621 $ 67,452 Police Crime Scene Investigator 43 2 $ 34.06 $ 5,904 $ 70,854 Police Crime Scene Investigator 43 3 $ 35.77 $ 6,200 $ 74,400 Police Crime Scene Investigator 43 4 $ 37.54 $ 6,508 $ 78,091 Police Crime Scene Investigator 43 5 $ 39.42 $ 6,833 $ 81,999 Police Crime Scene Investigator 43 6 $ 41.39 $ 7,175 $ 86,101 Police Crime Scene Investigator 43 7 $ 43.45 $ 7,531 $ 90,371 Police Crime Scene Investigator 43 8 $ 45,64 $ 7,911 $ 94,930 Police Crime Scene Investigator, Senior 86 1 $ 35.07 $ 6,079 $ 72,953 Police Crime Scene Investigator, Senior 86 2 $ 36.82 $ 6,383 $ 76,596 Police Crime Scene Investigator, Senior 86 3 $ 38.66 $ 6,701 $ 80,407 Police Crime Scene Investigator, Senior 86 4 $ 40.56 $ 7,030 $ 84,364 Police Crime Scene Investigator, Senior 86 5 $ 42.61 $ 7,386 $ 88,634 Police Crime Scene Investigator, Senior 86 6 $ 44.73 $ 7,754 $ 93,049 Police Crime Scene Investigator, Senior 86 7 $ 46.98 $ 8,144 $ 97,729 Police Crime Scene Investigator, Senior 86 8 $ 49.34 $ 8,552 $ 102,626 Police Custody Officer 55 1 $ 30.79 $ 5,338 $ 64,051 Police Custody Officer 55 2 $ 32.36 $ 5,609 $ 67,308 Police Custody Officer 55 3 $ 33.95 $ 5,884 $ 70,613 Police Custody Officer 55 4 $ 35.66 $ 6,182 $ 74,183 Police Custody Officer 55 5 $ 37.44 $ 6,490 $ 77,874 Police Custody Officer 55 6 $ 39.32 $ 6,815 $ 81,782 Police Custody Officer 55 7 $ 41.27 $ 7,153 $ 85,835 Police Custody Officer 55 8 $ 43.34 $ 7,513 $ 90,153 Police Dispatcher 70 1 $ 31.39 $ 5,440 $ 65,281 Police Dispatcher 70 2 $ 32.96 $ 5,714 $ 68,562 Police Dispatcher 70 3 $ 34.60 $ 5,997 $ 71,964 Police Dispatcher 70 4 $ 36.33 $ 6,296 $ 75,558 Police Dispatcher 70 5 $ 38.17 $ 6,616 $ 79,394 Police Dispatcher 70 6 $ 40.06 $ 6,944 $ 83,326 Police Dispatcher 70 7 $ 42.07 $ 7,292 $ 87,500 Police Dispatcher 70 8 $ 44.17 $ 7,656 $ 91,866 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021- November 30, 2025 (Exhibit A) Effective July 13, 2024 - 3% Cost -of -Living Adjustment Police Dispatcher, Senior 99 1 $ 36.09 $ 6,256 $ Police Dispatcher, Senior 99 2 $ 37.89 $ 6,568 $ Police Dispatcher, Senior 99 3 $ 39.77 $ 6,894 $ Police Dispatcher, Senior 99 4 $ 41.78 $ 7,241 $ Police Dispatcher, Senior 99 5 $ 43.88 $ 7,605 $ Police Dispatcher, Senior 99 6 $ 46.06 $ 7,983 $ Police Dispatcher, Senior 99 7 $ 48.35 $ 8,381 $ Police Dispatcher, Senior 99 8 $ 50.78 $ 8,801 $ Police Electronics Specialist 05A 1 $ 39.53 $ 6,851 $ Police Electronics Specialist 05A 2 $ 41.51 $ 7,195 $ Police Electronics Specialist 05A 3 $ 43.59 $ 7,555 $ Police Electronics Specialist 05A 4 $ 45.78 $ 7,935 $ Police Electronics Specialist 05A 5 $ 48.05 $ 8,329 $ Police Electronics Specialist 05A 6 $ 50.45 $ 8,745 $ Police Electronics Specialist 05A 7 $ 52.98 $ 9,183 $ Police Electronics Specialist 05A 8 $ 55.63 $ 9,642 $ Police Emergency Srvcs Coordinator 04 1 $ 40.88 $ 7,087 $ Police Emergency Srvcs Coordinator 04 2 $ 42.90 $ 7,436 $ Police Emergency Srvcs Coordinator 04 3 $ 45.01 $ 7,802 $ Police Emergency Srvcs Coordinator 04 4 $ 47.29 $ 8,196 $ Police Emergency Srvcs Coordinator 04 5 $ 49.69 $ 8,612 $ Police Emergency Srvcs Coordinator 04 6 $ 52.13 $ 9,037 $ Police Emergency Srvcs Coordinator 04 7 $ 54.73 $ 9,487 $ Police Emergency Srvcs Coordinator 04 8 $ 57.49 $ 9,965 $ Police Fiscal Srvcs/Facilities Manager 03 1 $ 46.92 $ 8,132 $ Police Fiscal Srvcs/Facilities Manager 03 2 $ 49.26 $ 8,538 $ Police Fiscal Srvcs/Facilities Manager 03 3 $ 51.72 $ 8,964 $ Police Fiscal Srvcs/Facilities Manager 03 4 $ 54.29 $ 9,411 $ Police Fiscal Srvcs/Facilities Manager 03 5 $ 57.03 $ 9,885 $ Police Fiscal Srvcs/Facilities Manager 03 6 $ 59.88 $ 10,380 $ Police Fiscal Srvcs/Facilities Manager 03 7 $ 62.89 $ 10,900 $ Police Fiscal Srvcs/Facilities Manager 03 8 $ 65.98 $ 11,437 $ Police IT Analyst 61 1 $ 41.07 $ 7,119 $ Police IT Analyst 61 2 $ 43.13 $ 7,477 $ Police IT Analyst 61 3 $ 45.27 $ 7,847 $ Police IT Analyst 61 4 $ 47.52 $ 8,237 $ Police IT Analyst 61 5 $ 49.92 $ 8,653 $ Police IT Analyst 61 6 $ 52.40 $ 9,083 $ 75,076 78,815 82,723 86,897 91,263 95,799 100,576 105,618 82,216 86,342 90,660 95,220 99,948 104,942 110,201 115,702 85,039 89,237 93,628 98,356 103,349 108,440 113,844 119,586 97,584 102,457 107,571 112,927 118,621 124,555 130,803 137,245 85,425 89,719 94,158 98,838 103,832 108,995 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021- November 30, 2025 (Exhibit A) Effective July 13, 2024 - 3% Cost -of -Living Adjustment Police IT Analyst 61 7 $ 55.03 $ 9,539 $ Police IT Analyst 61 8 $ 57.77 $ 10,014 $ Police IT Coordinator 02A 1 $ 48.09 $ 8,335 $ Police IT Coordinator 02A 2 $ 50.49 $ 8,751 $ Police IT Coordinator 02A 3 $ 53.03 $ 9,191 $ Police IT Coordinator 02A 4 $ 55.65 $ 9,646 $ Police IT Coordinator 02A 5 $ 58.47 $ 10,134 $ Police IT Coordinator 02A 6 $ 61.37 $ 10,637 $ Police IT Coordinator 02A 7 $ 64.44 $ 11,170 $ Police IT Coordinator 02A 8 $ 67.66 $ 11,729 $ Police Mechanic I 17 1 $ 25.63 $ 4,443 $ Police Mechanic I 17 2 $ 26.89 $ 4,660 $ Police Mechanic I 17 3 $ 28,23 $ 4,893 $ Police Mechanic I 17 4 $ 29.66 $ 5,141 $ Police Mechanic I 17 5 $ 31.14 $ 5,398 $ Police Mechanic I 17 6 $ 32.72 $ 5,671 $ Police Mechanic I 17 7 $ 34.35 $ 5,955 $ Police Mechanic I 17 8 $ 36.05 $ 6,248 $ Police Mechanic II 18 1 $ 29.68 $ 5,145 $ Police Mechanic II 18 2 $ 31.15 $ 5,400 $ Police Mechanic II 18 3 $ 32.74 $ 5,675 $ Police Mechanic II 18 4 $ 34.39 $ 5,961 $ Police Mechanic II 18 5 $ 36.09 $ 6,256 $ Police Mechanic II 18 6 $ 37.89 $ 6,568 $ Police Mechanic II 18 7 $ 39.77 $ 6,894 $ Police Mechanic II 18 8 $ 41.78 $ 7,241 $ Police Mechanic, Senior 19 1 $ 32.74 $ 5,675 $ Police Mechanic, Senior 19 2 $ 34.39 $ 5,961 $ Police Mechanic, Senior 19 3 $ 36.09 $ 6,256 $ Police Mechanic, Senior 19 4 $ 37.90 $ 6,570 $ Police Mechanic, Senior 19 5 $ 39.77 $ 6,894 $ Police Mechanic, Senior 19 6 $ 41.78 $ 7,241 $ Police Mechanic, Senior 19 7 $ 43.88 $ 7,605 $ Police Mechanic, Senior 19 8 $ 46.06 $ 7,983 $ Police Officer 15A 1 $ 37.71 $ 6,536 $ Police Officer 15A 2 $ 39.61 $ 6,865 $ Police Officer 15A 3 $ 41.58 $ 7,207 $ Police Officer 15A 4 $ 43.68 $ 7,571 $ 114,471 120,165 100,021 105,015 110,298 115,750 121,612 127,643 134,036 140,743 53,315 55,921 58,719 61,687 64,774 68,056 71,457 74,979 61,735 64,799 68,104 71,530 75,076 78,815 82,723 86,897 68,104 71,530 75,076 78,839 82,723 86,897 91,263 95,799 78,429 82,385 86,487 90,853 EXHIBIT B RESOLUTION NO. 2022- The City of Newport Beach Police Association Salary Schedule Adjustment MOU Term: July 1, 2021 - November 30, 2025 (Exhibit A) Effective July 13, 2024 - 3% Cost -of -Living Adjustment REPRESENTED P05 Police Officer Police Officer Police Officer Police Officer Police Officer Police Officer Police Officer Police Rangemaster-Armorer Police Rangemaster-Armorer Police Rangemaster-Armorer Police Rangemaster-Armorer Police Rangemaster-Armorer Police Rangemaster-Armorer Police Rangemaster-Armorer Police Rangemaster-Armorer Police Recruit Police Station Officer Police Station Officer Police Station Officer Police Station Officer Police Station Officer Police Station Officer Police Station Officer Police Station Officer 15A 5 $ 45.86 $ 7,949 $ 15A 6 $ 48.12 $ 8,341 $ 15A 7 $ 52.94 $ 9,175 $ 15A 8 $ 55.58 $ 9,634 $ 15A 9 $ 58.36 $ 10,116 $ 15A 10 $ 61.29 $ 10,623 $ 15A 11 $ 64.35 $ 11,154 $ 45 1 $ 30.58 $ 5,301 $ 45 2 $ 32.10 $ 5,565 $ 45 3 $ 33.74 $ 5,848 $ 45 4 $ 35,41 $ 6,138 $ 45 5 $ 37.20 $ 6,447 $ 45 6 $ 39.03 $ 6,765 $ 45 7 $ 40.99 $ 7,105 $ 45 8 $ 43,02 $ 7,457 $ 07 1 $ 34.15 $ 5,919 $ 52A 1 $ 30,67 $ 5,315 $ 52A 2 $ 32.20 $ 5,581 $ 52A 3 $ 33.82 $ 5,862 $ 52A 4 $ 35.50 $ 6,154 $ 52A 5 $ 37.29 $ 6,463 $ 52A 6 $ 39.16 $ 6,787 $ 52A 7 $ 41.12 $ 7,127 $ 52A 8 $ 43.17 $ 7,483 $ Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. 95,388 100,093 110,105 115,605 121,395 127,474 133,843 63,616 66,777 70,178 73,653 77,367 81,179 85,256 89,478 71,023 63,786 66,970 70,347 73,845 77,561 81,444 85,522 89,792 CITY OF NEVAIPORT BEACH HUMAN RESOURCES DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3300 1949 644-3339 FAX newportbeachca.gov/humanresources DATE: May 16, 2022 TO: Mark Fasano, Newport Beach Police Association President FROM: Jyll C. Ramirez, Senior Human Resources Analyst SUBJECT: Newport Beach Police Association Physical Fitness Qualifier (PFQ) Exhibit As discussed last month, the PFQ "exhibit" was inadvertently excluded from the 2021- 2025 Newport Beach Police Association (NBPA) Memorandum of Understanding (MOU) adopted by City Council at the December 14, 2021, Regular meeting. This was an administrative oversight. There have been no substantive changes to the content or benefit of the approved MOU. These are the proposed changes: • NBPA MOU 2021-2025, Section 4.J. Physical Fitness Qualifier: Replace Exhibit "#" with Exhibit C. • Attach "Exhibit C" to the MOU, which is the PFQ outline and Point Chart. Please sign to confirm agreement with adding "Exhibit C" (attached) and updating Section 4.J. of the 2021-202 Mark Fasano Newport Beach •oli - Association President, on behalf of the Police Association Barbara J. Salvin Human Resources Director, on behalf of the City of Newport Beach 5-7/ /00i 4- Date Signed 5-, I 1, Date Signed Attachments: NBPA MOU, Section 4.J Updated Exhibit C, PFQ Outline and Point Chart Human Resources Department NBPA MOU 2021-2025 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. 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: The City shall contribute 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. J. Physical Fitness Qualifier The Physical Fitness Qualifier (PFQ) is offered to police officers twice annually. Fitness benchmarks have been established and are outlined in Exhibit "C." Officers who rank 1st Class, 2nd Class or 3rd Class as set forth in Exhibit "C" are awarded leave time depending upon achieved rank. Within two weeks of PFQ completion, the department will create a personnel action 35 NBPA MOU 2021-2025 (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 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, 38 EXHIBIT C NBPA MOU 2021-2025 Aqe Physical Fitness Qualifier "PFQ" Required Minimum Acceptable Performance Pull-ups Push-ups Crunches 1.5 Mile Run 21-30 8 50 50 14:00 31-40 6 45 45 14:30 41-50+ 4 40 40 15:00 Required Minimum Qualifications Scores Aqe 3rd Class 2nd Class 1st Class 21-30 235 275 325 31-40 210 250 300 41-50+ 185 225 275 Compensatory Time Classifications: 1st Class — 9 hours 2nd Class — 6 hours 3rd Class — 3 hours The purpose of the Physical Fitness Qualifier "PFQ" is to maintain and encourage high levels of overall physical fitness for police officers. The PFQ consists of four fitness categories: pull-ups, push-ups, crunches, and a 1.5-mile run. The PFQ is divided into three age groups: 21 to 30, 31 to 40, and 41 to 50+ years. The PFQ allows officers to accumulate points towards compensatory time. Each age group has three compensatory time award classifications: 1st Class - 9 hours, 2nd Class — 6 hours, and 3`d Class — 3 hours. For example, a 35-year-old officer who accumulates 250 points will be classified 2nd Class and earn 6 hours of compensatory time. At a minimum, officers will be required to meet the standard number in the fitness category for their corresponding age group. If he/she only meets the required minimum qualification score for their age group for any of the four fitness categories, he/she will not earn the minimum amount needed to receive compensatory time. However, the scoring system allows for an officer to compensate for a lower score in one category by scoring higher in other categories. EXHIBIT C Physical Fitness Qualifier Point Chart NBPA MOU 2021-2025 Points Pullups Pushups Situps 1.5 Mile Run Points Pullups Pushups Situps 1.5 Mile Run 100 99 98 97 96 20 100 99 98 97 96 100 99 98 97 96 9:00 9:05 9:10 9:15 9:20 50 10 49 48 47 46 50 49 48 47 46 50 49 48 47 46 13:10 13:15 13:20 13:25 13:30 95 94 93 92 91 19 95 94 93 92 91 95 94 93 92 91 9:25 9:30 9:35 9:40 9:45 45 44 43 42 41 9 45 44 43 42 41 45 44 43 42 41 13:35 13:40 13:45 13:50 13:55 90 89 88 87 86 18 90 89 88 87 86 90 89 88 87 86 9:50 9:55 10:00 10:05 10:10 40 8 39 38 37 36 40 39 38 37 36 40 39 38 37 36 14:00 14:05 14:10 14:15 14:20 85 84 83 82 81 17 85 84 83 82 81 85 84 83 82 81 10:15 10:20 10:25 10:30 10:35 35 34 33 32 31 7 35 34 33 32 31 35 34 33 32 31 14:25 14:30 14:35 14:40 14:45 80 79 78 77 76 16 80 79 78 77 76 80 79 78 77 76 10:40 10:45 10:50 10:55 11:00 30 6 29 28 27 26 30 29 28 27 26 30 29 28 27 26 14:50 14:55 15:00 15:05 15:10 75 74 73 72 71 15 75 74 73 72 71 75 74 73 72 71 11:05 11:10 11:15 11:20 11:25 25 5 24 23 22 21 25 24 23 22 21 25 24 23 22 21 15:15 15:20 15:25 15:30 15:35 70 69 68 67 66 14 70 69 68 67 66 70 69 68 67 66 11:30 11:35 11:40 11:45 11:50 20 19 18 17 16 4 20 19 18 17 16 20 19 18 17 16 15:40 15:45 15:50 15:55 16:00 65 64 63 62 61 13 65 64 63 62 61 65 64 63 62 61 11:55 12:00 12:05 12:10 12:15 15 3 14 13 12 11 15 14 13 12 11 15 14 13 12 11 16:05 16:10 16:15 16:20 16:25 60 59 58 57 56 12 60 59 58 57 56 60 59 58 57 56 12:20 12:25 12:30 12:35 12:40 10 2 9 8 7 6 10 9 8 7 6 10 9 8 7 6 16:30 16:35 16:40 16:45 16:50 55 54 53 52 51 11 55 54 53 52 51 55 54 53 52 51 12:45 12:50 12:55 13:00 13:05 5 1 4 3 2 1 5 4 3 2 1 5 4 3 2 1 16:55 17:00 17:05 17:10 17:15 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH POLICE ASSOCIATION July 1, 2021 through November 30, 2025 TABLE OF CONTENTS Page PREAMBLE 1 SECTION 1 - GENERAL PROVISIONS 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 A. Salary Adjustments 6 B. Salary Schedule for the Classification of Police Officer 7 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 9 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 15 O. Matron Pay 15 P. Minimum Call Back 16 Q. Bilingual Pay 16 R. Certification Pay 16 S. Uniform Allowance 17 i SECTION 3 — LEAVES A. Flex Leave 17 B. Holiday In Lieu 19 C. Bereavement Leave 20 D. Leave Sellback 20 E. Workers' Compensation Leave 21 F. Scheduling of Medical Treatment for Industrial Injuries 21 G. Non -Accruing Leave Bank 22 SECTION 4 — FRINGE BENEFITS A. Insurance 22 B. Additional Insurance/Programs 25 C. Employee Assistance Program 26 D. The Retirement Benefit 26 E. Retiree Medical Benefit 29 F. Contribution to PORAC Retiree Medical Trust (RMT) 34 G. Deferred Compensation 35 H. Tuition Reimbursement 35 I. Physical Conditioning Equipment 35 J. Physical Fitness Qualifier 35 SECTION 5 - MISCELLANEOUS PROVISIONS A. Reductions in Force/Layoffs 36 B. Work Schedules 38 C. Seniority 39 D. Grievance Procedure 40 E. Pre -Hearing Briefs 43 F. Use of Tobacco Products 43 G. Direct Deposit 43 H. Contract Negotiations 43 I. Recoupment of Overpayments 43 J. Funeral Expenses 44 SIGNATURES 45 EXHIBIT A — Represented Job Classifications EXHIBIT B — Salary Schedules ii 46 47 NBPA MOU 2021-2025 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 1. 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 1. 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 July 1, 2021. This MOU shall remain in full force and effect through November 30, 2025, 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. 1 NBPA MOU 2021-2025 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. 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.1.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 2 NBPA MOU 2021-2025 business, excluding time required for the meet and confer 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. NBPA MOU 2021-2025 D. Scope 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. 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; f. 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; j. 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. 4 NBPA MOU 2021-2025 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 2021-2025 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. 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 16 of Resolution No. 2001-50. SECTION 2. — Compensation A. Salary Adjustments 1 Effective the first day of the pay period following July 1, 2021, there shall be a base salary increase of two percent (2.0%) for all classifications in the bargaining unit. Individuals must be employed by the City on the first day of the pay period following City Council adoption to qualify for retroactive payment of the COLA. 2. Effective the first day of the pay period following July 1, 2022, there shall be a base salary increase of two percent (2.0%) for all classifications in the bargaining unit. 3. Effective the first day of the pay period following July 1, 2023, 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 following July 1, 2024, there shall be a base salary increase of two percent (2.0%) for all classifications in the bargaining unit. 5. Lump Sum Bonus (FY 2021-22). All Bargaining Unit Employees in paid status for the entirety of the first full pay period following the adoption of the MOU by the City Council in Fiscal Year 2021-22 will receive a signing bonus of $2, 000. The Parties intend and understand that this lump sum payment is non -pensionable and will not be reported to Ca1PERS. The parties also agree that this payment is intended to be specific to the pay period in which it is paid and is to be considered part of the regular rate for this pay period only. 6 NBPA MOU 2021-2025 B. Salary Schedule for the Classification of Police Officer Effective July 7, 2018, 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: 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 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, the employee shall provide the City's Human Resources Department with proof of an Advanced POST Certification application submittal. Employee 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 CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(2) Peace Officer Standards and Training (POST) Certificate Pay. D. Dispatch/Records Skills Incentive Pay 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 7 NBPA MOU 2021-2025 (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%). 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. The parties agree that to the extent permitted by law, the assignment pay in this section is special compensation and shall be reported to Ca1PERS as such pursuant to Title 2 CCR, Section 571 Police Records Assignment. E. Longevity Pay for Full Time Non -Sworn Employees 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 June 26, 2018: 8-11 years of City of Newport Beach Service 12-14 years of City of Newport Beach Service 15-24 years of City of Newport Beach Service 25 years or more of City of Newport Beach Service 2.0% 2.5% 3.0% 3.5% 2. For Employees Hired as Full -Time Employees on or After June 26, 2018: 15-19 years of City of Newport Beach Service 20-24 years of City of Newport Beach Service 25-29 years of City of Newport Beach Service 30 years or more of City of Newport Beach Service 1.0% 1.5% 2.0% 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 CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay. 8 NBPA MOU 2021-2025 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. 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. a. If the IRS or a court of competent jurisdiction provides guidance concerning recognition of constructive receipt based on the earning of CTO, this MOU will reopen on the issue of CTO and the parties will meet and confer over elimination of constructive receipt. The parties understand that, if the IRS determines there is additional tax liability, that liability will be the responsibility of the individual taxpayers (employees). b. Effective the first full pay period following City Council adoption in FY 2021-22, CTO will be maintained in two banks (one for FLSA Overtime and one for MOU Overtime). When paid out, CTO earned on MOU overtime will be paid out at the MOU overtime rate and CTO earned on FLSA overtime will be paid out at the regular rate. 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 9 NBPA MOU 2021-2025 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. 5. 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. 6. 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. The 7(b) exemption applies to those classifications in the unit who do not qualify under Section 7(k) of the FLSA. 7. 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 1. 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 MOU overtime 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 pa id at time and one-half the employee's regular rate of 10 NBPA MOU 2021-2025 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 the work location to travel 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 MOU Overtime rate of pay. Education Retention Incentive Program — Non Sworn The City has instituted the Education Retention Incentive Program to incentivize non -sworn employees to pursue furthering their education. Employees shall be eligible for education payment beyond the minimum qualifications of their current position as follows: 1. For Members hired as a full-time, non -sworn employee in the Bargaining Unit prior to June 26, 2018: 30+ units of college credit associate degree or 60+ units of college credit bachelor's degree master's degree, Juris Doctor or Doctor of Philosophy 0.5% 1.5% 2.0% 2.5% 2. For Members hired or rehired as a full-time, non -sworn employee in the Bargaining Unit on or after June 26, 2018: associate degree or 60+ units of college credit bachelor's degree master's degree, Juris Doctor or Doctor of Philosophy 0.5% 1.5% 2.5% Amounts above are not cumulative. For example, if an employee with a bachelor's degree is receiving two percent (2%) and then earns a master's 11 NBPA MOU 2021-2025 degree, the employee 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. 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: 12 NBPA MOU 2021-2025 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 5.5% MA/MS/JD 7.5% 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, said employee shall earn a total of seven 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 13 NBPA MOU 2021-2025 1.5 straight time hours (i.e., base pay) per shift. If an employee works for less than a shift as an FTO, he/she will receive a pro -rated amount (of 1.5 straight time hours) for the hours worked as an FTO. The compensation provided under this section is paid to employees who are routinely and consistently assigned to train employees 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. M. Motor Officer Pay 1. 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 CaIPERS 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 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 CaIPERS 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 Chiefs assigned designee for additional compensation for the hours 14 NBPA MOU 2021-2025 spent performing such work. This pay for extraordinary off -duty motorcycle care shall not be reported to CaIPERS as special compensation. N Canine Officer Pay: 1. 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 be reported to CaIPERS 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 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 CaIPERS 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 Chiefs 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 CaIPERS 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 15 NBPA MOU 2021-2025 (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). 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 CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. R. Certification Pay Unit employees in Mechanic classification shall be eligible for annual certification pay as follows: 1. Smog License - $250.00 2. Fire Mechanic State Level I - $100.00 3. Fire Mechanic State Level II - $200.00 16 NBPA MOU 2021-2025 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 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 CaIPERS 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 (CaIPERS) the uniform allowance for each sworn and civilian classification as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for "new members" as defined by the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as pensionable compensation to CaIPERS. SECTION 3. — Leaves A. Flex Leave 1. Non -Sworn 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. Police Officers shall accrue (prospectively) flex leave based on 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. Flex time is accrued while an employee is in paid status, including paid leave time. 17 The Flex Leave accrual rate shall be: Years of Continuous Hours Accrued Service Per Pay Period Less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over NBPA MOU 2021-2025 Hours Maximum Accrued Balance (total Annually hours) 6.31 164.06 441.70 6.92 179.92 484.40 7.54 196.04 527.80 8.16 212.16 571.20 8.77 228.02 613.90 9.38 243.88 656.60 10.00 260.00 700.00 2. The Flex leave program shall be administered as follows: a. NBPA members will normally 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 18 NBPA MOU 2021-2025 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 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 in Lieu 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. 19 NBPA MOU 2021-2025 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. 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. Effective following adoption of the MOU in Fiscal Year 2021-22, all current unit members will be provided a one-time opportunity to change all or a portion of their future annual holiday benefits to pay or time off. The City will provide a 28-day window (2 pay periods) for employees to make the new irrevocable election. Once selected, the election becomes uniform from year to year. 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 20 NBPA MOU 2021-2025 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. E. Workers' Compensation Leave 1. 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. F 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 21 NBPA MOU 2021-2025 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 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 Sworn Police Officers shall receive thirty-three (33) hours annually of paid leave in the pay period which includes July 1. The hours do not accrue, have no cash value, cannot be transferred to any other leave bank and must be used by the pay period before the pay period containing July 1, at which time any remaining hours will be depleted. Use of NAL is subject to supervisory approval. Non -Sworn bargaining unit members shall receive eighteen (18) hours annually of paid leave in the pay period which includes July 1. The hours do not accrue, have no cash value, cannot be transferred to any other leave bank and must be used by the pay period before the pay period containing July 1, at which time any remaining hours will be depleted. Use of NAL is subject to supervisory approval. For Fiscal Year 2021-22, non -sworn bargaining unit members shall receive a pro -rated amount of non -accruing leave the pay period following adoption by the City Council. For example, if the pay period following MOU adoption is the pay period which includes January 1, non -sworn employees will receive 9 hours of accrued leave (1/2 the fiscal year allotment). 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 22 NBPA MOU 2021-2025 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 a. The City has implemented an IRS qualified Cafeteria Plan. In addition to the amounts listed below, the City shall contribute the minimum CaIPERS 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. b. City Contribution i. The City's monthly contribution towards the Cafeteria Plan is $1,524.00 (plus the minimum CaIPERS participating employer contribution as outlined in Government Code §22892.) ii. lf, prior to November 30, 2025, a court of competent jurisdiction or formal legal opinion determines that the City's cafeteria benefit plan is a bona fide plan such that the City's contributions towards medical premiums will not be included in the employee's regular rate of pay under the Fair Labor Standards Act, the City will increase the monthly contribution towards the Cafeteria Plan by a total of $200 over the remaining term of the agreement. The $200 will be prorated annually over the remaining term of the agreement (full years only), beginning with the first day of the next plan year. Examples: If the cafeteria benefit plan becomes bona fide during December of 2023, the City will increase the monthly contribution by $100 per month in January of 2024 (Year 3) and by an additional $100 per month (total $200) in January of 2025 (Year 4). If the cafeteria benefit plan becomes bona fide in March of 2022, the $200 will be spread evenly over the remaining complete plan years of the agreement, or at $67 per month beginning in January of 2023 (Year 2), another $67 per month in Year 3 and another $67 per month in Year 4. If the City's cafeteria benefit plan is not determined to be a bona fide plan as 23 NBPA MOU 2021-2025 outlined above by a court of competent jurisdiction or formal legal opinion prior to the expiration of this MOU, this paragraph will become ineffective and the City's obligation to increase the cafeteria contribution by $200 will cease at the expiration of the MOU. c. Cash Back i. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. 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. Unit members whose actual start date occurs prior to the first day of the pay period following City Council approval of this MOU in FY 2021-22 and who elect to opt out of medical coverage offered by the City because they have 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 $1, 000.00 per month in taxable cash paid bi-weekly. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, those unused cafeteria plan funds shall be paid to the employee as taxable cash biweekly. Newly appointed unit members whose actual start date occurs on or after the first day of the pay period following City Council approval of this MOU in FY 2021-22 and who elect to opt out of medical coverage offered by the City because they have provided proof of MEC through another source (other than coverage in the individual market, whether or not obtained through Covered California) shall receive $500.00 per month in taxable cash. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, there shall be no cash back provided. This paragraph shall not apply to an employee who received a conditional offer letter prior to adoption of this MOU which referenced the pre-existing "opt out" and cafeteria cash provisions. The preceding language as applied to the following scenarios: 1. Part-time employee hired by the City prior to MOU adoption but not appointed as a full-time employee into the NBPA until on or after MOU adoption — this employee is subject to the $500 opt -out amount and does 24 NBPA MOU 2021-2025 not receive cash back if the medical coverage elected is less than the City contribution. 2. Full-time employee hired by the City prior to MOU adoption who later drops down to part-time and then is reappointed to the unit as a full-time employee — this employee is subject to the $500 opt -out amount and does not receive cash back if the medical coverage elected is less than the City contribution. 3. Full-time employee hired by the City prior to MOU adoption who later transfers into the unit from another unit — if the employee was not subject to the $500 opt -out amount and/or no cash back in the unit from which they are transferring, they will receive the benefit of $1, 000 opt -out and/or cash back if the medical coverage elected is less than the City contribution. 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 1. 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 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. 25 NBPA MOU 2021-2025 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. Effective the first premium payment following the City Council adoption of the MOU in Fiscal Year 2021- 22, the City will no longer require unit members to pay one percent (1%) of base salary for this benefit and this Paragraph shall be deleted. 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. D. The Retirement Benefit 1. Retirement Formula 26 NBPA MOU 2021-2025 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 Tiers I and II: NBPA MOU 2021-2025 NBPA Tier I and II 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"), Tier III employees shall contribute an additional amount of pensionable compensation toward retirement costs pursuant to Government Code § 20516(f), so that their conrtibution equals 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, 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. Provided, however, that the employee contribution shall never fall below the statutory required contribution. b. Non Safety Tier I: Tier I employees shall contribute eight percent (8%) of compensation earnable for the CaIPERS member contribution, an additional 2.42% of compensation earnable as cost sharing pursuant to Government Code section 20516(a) and effective the first day of the pay period following City Council adoption of the MOU In FY 2021-22, an additional 2.58% of compensation earnable as cost sharing pursuant to Government Code §20516(f). Employees shall contribute a total of 13.0% of compensation earnable for retirement contributions. Tier II: Tier II employees shall contribute the statutory PERS Member Contribution equal to 7.0% of compensation earnable, plus (effective the first day of the pay period following City Council adoption of the MOU In FY 2021-22) an additional 6.0% of compensation earnable toward retirement costs under 28 NBPA MOU 2021-2025 Government Code § 20516(f), for a total contribution of 13% of compensation earnable. 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", and is calculated annually for possible adjustments as provided in the Ca1PERS valuations. In addition to the statutorily required 50% contribution of total normal costs, Tier III employees shall contribute an additional amount of pensionable compensation toward retirement pursuant to Government Code § 20516(f), so that their conrtibution equals (effective the first day of the pay period following City Council adoption of the MOU In FY 2021-22) a total of 13.0% of pensionable compensation. If in future fiscal years themember contribution rate for employees in Tier III shall become greater or less, 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 13.0% of pensionable compensation. Provided, however, that the employee contribution shall never fall below the statutory required contribution. 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 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined 29 NBPA MOU 2021-2025 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. 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 of funds 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). 30 NBPA MOU 2021-2025 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, 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 FlexNacation 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 31 NBPA MOU 2021-2025 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. 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 32 NBPA MOU 2021-2025 (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 CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS 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 33 NBPA MOU 2021-2025 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 there is no cost share requirement, and the $400 City contribution after retirement can be used for any IRS authorized purpose, not just 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 34 NBPA MOU 2021-2025 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. 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: The City shall contribute 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. J. Physical Fitness Qualifier The Physical Fitness Qualifier (PFQ) is offered to police officers twice annually. Fitness benchmarks have been established and are outlined in Exhibit "#. " Officers who rank 1st Class, 2nd Class or 3rd Class as set forth in Exhibit "#" are awarded leave time depending upon achieved rank. Within two weeks of PFQ completion, the department will create a personnel action 35 NBPA MOU 2021-2025 form indicating the rank and number of leave time hours awarded for each sworn police officer. The awarded hours will be placed in the police officer's individual Comp Time bank (at the straight time rate), which is subject to a 120-hour maximum balance. If the employee later chooses to have the leave time "paid out, " payment will be at the employee's MOU overtime rate. SECTION 5. — Miscellaneous Provisions A. Reductions in Force/Layoffs 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 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; 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). 36 NBPA MOU 2021-2025 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 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 37 NBPA MOU 2021-2025 (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 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, 38 NBPA MOU 2021-2025 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. 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. Seniority 1. 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. ii. 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. 39 NBPA MOU 2021-2025 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. 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. f. 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 1. 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. 40 NBPA MOU 2021-2025 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. 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 41 NBPA MOU 2021-2025 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. 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 42 NBPA MOU 2021-2025 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 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 -Hearing 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. Recoupment of Overpayments Employees will be notified by Payroll or Human Resources prior to the recovery of overpayments on paychecks. Recovery of more than 15% of net pay will be subject to a repayment schedule established by the appointing authority under 43 NBPA MOU 2021-2025 guidelines issued by the Finance Department or Human Resources. Such recovery shall not exceed 15% per month of disposable earnings, as defined by State law, except a mutually agreed upon accelerated payment plan for faster recovery. Recoupments under this section shall be limited to forty-eight (48) months. However, nothing in this section is intended to preclude the City from seeking recoupment of overpayments due to fraud or other knowing concealment through any available legal forum. J. Funeral Expenses Consistent with California Labor Code Section 4701, if an employee covered by the MOU is killed in the line of duty, the City will reimburse the employee's designated beneficiary up to $10,000 to offset reasonable burial expenses. Signatures are on the next page. 44 `t Executed this \ ) day of December, 2021. ATTEST: By: Leilani Brown City Clerk rAn#K-- NBPA MOU 2021-2025 NEWPORT BEACH POLICE ASSOCIATION By: 1lilar'l�Fa'sar�o, President CITY OF NEWPO', BEAC By: , Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: 45 Charles Sakai, Special Counsel NBPA MOU 2021-2025 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 46 EXHIBIT B NBPA MOU 2021-2025 The Newport Beach Police Association Represented Sworn Police Officers and Non -sworn Positions MOU Term: July 1, 2021 to November 30, 2025 Effective July 3, 2021 2.0% Adjustment REPRESENTED CLASSIFICATIONS HOURLY PAY RATE MONTHLY PAY RATE MIN MAX MIN MAX SWORN Police Officer NON -SWORN Sr Crime Analyst Crime Prevention Specialist Custody Officer Custody Supervisor Electronic Specialist Emergency Coordinator Police Animal Control Officer Sr Police Animal Control Officer Police Computer Systems Mgr Police Crime Scene Investigator Sr Police Crime Scene Investigator Police Community Services Officer Sr Police Community Services Officer Police Civilian Investigator Police Civilian Supervisor Police Dispatcher Sr Police Dispatcher Police Fiscal Services/Facility Manager Police IT Analyst Police IT Coordinator Police Mechanic I Police Mechanic II Sr Police Mechanic Police Recruit Police Rangemaster Police Station Officer $34.50 $58.88 $32.35 $45.55 $30.71 $43.24 $28.18 $39.66 $37.51 $52.78 $36.17 $50.90 $37.41 $52.60 $28.06 $39.50 $32.35 $45.55 $53.12 $74.74 $29.67 $41.76 $32.09 $45.14 $22.53 $34.95 $28.73 $40.42 $29.67 $41.76 $37.51 $52.78 $28.72 $40.41 $33.02 $46.46 $42.93 $60.37 $37.58 $52.86 $44.00 $61.91 $23.45 $32.98 $27.16 $38.22 $29.96 $42.14 $31.24 - $27.98 $39.36 $28.06 $39.50 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. $5,980 $10,205 $5,607 $7,895 $5,323 $7,496 $4,884 $6,874 $6,502 $9,149 $6,269 $8,822 $6,484 $9,118 $4,863 $6,846 $5,607 $7,895 $9,208 $12,955 $5,143 $7,238 $5,562 $7,825 $3,905 $6,057 $4,979 $7,006 $5,143 $7,238 $6,502 $9,149 $4,977 $7,005 $5,724 $8,053 $7,440 $10,465 $6,513 $9,162 $7,626 $10,731 $4,065 $5,717 $4,707 $6,626 $5,193 $7,304 $5,415 - $4,851 $6,822 $4,863 $6,846 47 EXHIBIT B NBPA MOU 2021-2025 The Newport Beach Police Association Represented Sworn Police Officers and Non -sworn Positions MOU Term: July 1, 2021 to November 30, 2025 Effective July 2, 2022 2.0% Adjustment REPRESENTED CLASSIFICATIONS HOURLY PAY RATE MONTHLY PAY RATE MIN MAX MIN MAX SWORN Police Officer NON -SWORN Sr Crime Analyst Crime Prevention Specialist Custody Officer Custody Supervisor Electronic Specialist Emergency Coordinator Police Animal Control Officer Sr Police Animal Control Officer Police Computer Systems Mgr Police Crime Scene Investigator Sr Police Crime Scene Investigator Police Community Services Officer Sr Police Community Services Officer Police Civilian Investigator Police Civilian Supervisor Police Dispatcher Sr Police Dispatcher Police Fiscal Services/Facility Manager Police IT Analyst Police IT Coordinator Police Mechanic I Police Mechanic II Sr Police Mechanic Police Recruit Police Rangemaster Police Station Officer $35.19 $60.05 $32.99 $46.46 $31.33 $44.11 $28.74 $40.45 $38.26 $53.84 $36.89 $51.91 $38.16 $53.66 $28.62 $40.29 $32.99 $46.46 $54.19 $76.24 $30.26 $42.59 $32.73 $46.05 $22.98 $35.64 $29.30 $41.23 $30.26 $42.59 $38.26 $53.84 $29.29 $41.22 $33.69 $47.39 $43.78 $61.58 $38.33 $53.92 $44.88 $63.15 $23.92 $33.64 $27.70 $38.99 $30.56 $42.98 $31.87 - $28.54 $40.15 $28.62 $40.29 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. $6,100 $10,409 $5,719 $8,053 $5,430 $7,646 $4,981 $7,011 $6,632 $9,332 $6,394 $8,998 $6,614 $9,300 $4,961 $6,983 $5,719 $8,053 $9,392 $13,214 $5,246 $7,383 $5,674 $7,981 $3,983 $6,178 $5,079 $7,146 $5,246 $7,383 $6,632 $9,332 $5,077 $7,145 $5,839 $8,214 $7,589 $10,674 $6,644 $9,345 $7,779 $10,946 $4,146 $5,831 $4,801 $6,758 $5,297 $7,450 $5,524 - $4,948 $6,959 $4,961 $6,983 48 EXHIBIT B NB PA MOU 2021-2025 The Newport Beach Police Association Represented Sworn Police Officers and Non -sworn Positions MOU Term: July 1, 2021 to November 30, 2025 Effective July 15, 2023 2.0% Adjustment REPRESENTED CLASSIFICATIONS HOURLY PAY RATE MONTHLY PAY RATE MIN MAX MIN MAX SWORN Police Officer NON -SWORN Sr Crime Analyst Crime Prevention Specialist Custody Officer Custody Supervisor Electronic Specialist Emergency Coordinator Police Animal Control Officer Sr Police Animal Control Officer Police Computer Systems Mgr Police Crime Scene Investigator Sr Police Crime Scene Investigator Police Community Services Officer Sr Police Community Services Officer Police Civilian Investigator Police Civilian Supervisor Police Dispatcher Sr Police Dispatcher Police Fiscal Services/Facility Manager Police IT Analyst Police IT Coordinator Police Mechanic I Police Mechanic II Sr Police Mechanic Police Recruit Police Rangemaster Police Station Officer $35.89 $61.25 $6,222 $10,617 $5,833 $8,214 $5,538 $7,798 $29.31 $41.26 $5,081 $7,152 $39.03 $54.92 $6,765 $9,519 $37.63 $52.95 $6,522 $9,178 $38.92 $54.73 $6,746 $9,486 $29.19 $41.09 $5,060 $7,123 $33.65 $47.39 $5,833 $8,214 $55.27 $77.76 $9,580 $13,478 $30.87 $43.45 $5,351 $7,531 $33.39 $46.97 $5,787 $8,141 $23.44 $36.36 $4,063 $6,302 $29.89 $42.05 $5,180 $7,289 $30.87 $43.45 $5,351 $7,531 $39.03 $54.92 $6,765 $9,519 $29.88 $42.04 $5,179 $7,288 $34.36 $48.34 $5,956 $8,378 $44.66 $62.81 $7,741 $10,887 $39.10 $54.99 $6,777 $9,532 $45.78 $64.41 $7,934 $11,165 $24.40 $34.31 $4,229 $5,948 $28.25 $39.77 $4,897 $6,893 $31.17 $43.84 $5,402 $7,599 $32.50 - $5,634 - $29.11 $40.95 $5,047 $7,098 $29.19 $41.09 $5,060 $7,123 $33.65 $47.39 $31.95 $44.99 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. 49 EXHIBIT B NBPA MOU 2021-2025 The Newport Beach Police Association Represented Sworn Police Officers and Non -sworn Positions MOU Term: July 1, 2021 to November 30, 2025 Effective July 13, 2024 2.0% Adjustment REPRESENTED CLASSIFICATIONS HOURLY PAY RATE MONTHLY PAY RATE MIN MAX MIN MAX SWORN Police Officer NON -SWORN Sr Crime Analyst Crime Prevention Specialist Custody Officer Custody Supervisor Electronic Specialist Emergency Coordinator Police Animal Control Officer Sr Police Animal Control Officer Police Computer Systems Mgr Police Crime Scene Investigator Sr Police Crime Scene Investigator Police Community Services Officer Sr Police Community Services Officer Police Civilian Investigator Police Civilian Supervisor Police Dispatcher Sr Police Dispatcher Police Fiscal Services/Facility Manager Police IT Analyst Police IT Coordinator Police Mechanic I Police Mechanic 11 Sr Police Mechanic Police Recruit Police Rangemaster Police Station Officer $36.61 $62.48 $34.33 $48.33 $32.59 $45.89 $29.90 $42.08 $39.81 $56.02 $38.38 $54.01 $39.70 $55.82 $29.78 $41.92 $34.33 $48.33 $56.38 $79.32 $31.49 $44.31 $34.06 $47.91 $23.91 $37.08 $30.48 $42.89 $31.49 $44.31 $39.81 $56.02 $30.47 $42.88 $35.05 $49.30 $45.55 $64.07 $39.88 $56.09 $46.69 $65.70 $24.89 $35.00 $28.82 $40.56 $31.79 $44.72 $33.15 - $29.70 $41.77 $29.78 $41.92 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. $6,346 $10,830 $5,950 $8,378 $5,649 $7,954 $5,183 $7,295 $6,900 $9,709 $6,652 $9,362 $6,881 $9,676 $5,161 $7,265 $5,950 $8,378 $9,772 $13,748 $5,458 $7,681 $5,903 $8,304 $4,144 $6,428 $5,284 $7,435 $5,458 $7,681 $6,900 $9,709 $5,282 $7,433 $6,075 $8,546 $7,896 $11,105 $6,912 $9,723 $8,093 $11,388 $4,314 $6,067 $4,995 $7,031 $5,511 $7,751 $5,747 - $5,147 $7,240 $5,161 $7,265 50 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 i 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 ii 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 1. 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 1. 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. 1 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. NBPA MOU 2018-2021 D. Scope 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. 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; f. 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; j. 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. 4 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. 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 16 of Resolution No. 2001-50. SECTION 2. — Compensation A. Salary Adjustments 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: 6 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 CaIPERS as such pursuant to Title 2 CCR, Section. 571(a)(2) Peace Officer Standards and Training (POST) Certificate Pay. D. Dispatch/Records Skills Incentive Pay 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 12-14 years of City of Newport Beach Service 15-24 years of City of Newport Beach Service 25 years or more of City of Newport Beach Service 2.0% 2.5% 3.0% 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 20-24 years of City of Newport Beach Service 25-29 years of City of Newport Beach Service 30 years or more of City of Newport Beach Service 1.0% 1.5% 2.0% 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 CaIPERS 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. 8 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 1. 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. 10 NBPA MOU 2018-2021 I. 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 AA Degree or 60+ units of college credit Bachelor's Degree Master's Degree, JD or Ph.D 0.5% 1.5% 2.0% 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 Bachelor's Degree Master's Degree JD or Ph.D 0.5% 1.5% 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. 11 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 5.5% MA/MS/JD 7.5% 12 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 CalPERS 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 CalPERS 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 Tess 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. 13 NBPA MOU 2018-2021 M. Motor Officer Pay 1. 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 CaIPERS 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 CaIPERS 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 Chiefs 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 CaIPERS as special compensation. N Canine Officer Pay: 1. 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 14 NBPA MOU 2018-2021 be reported to CaIPERS 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 CaIPERS 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 CaIPERS 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%) 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). 15 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 CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. R. Certification Pay Unit employees in Mechanic classification shall be eligible for annual certification pay as follows: 1. Smog License - $250.00 2. Fire Mechanic State Level I - $100.00 3. Fire Mechanic State Level 11 - $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 16 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 CaIPERS 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 (CaIPERS) the uniform allowance for each sworn and civilian classification as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for "new members" as defined by the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as pensionable compensation to CaIPERS. SECTION 3. — Leaves A. Flex Leave 1. 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 Continuous Service Less than 5 5 but Tess than 9 9 but less than 12 12 but less than 16 Hours Accrued Per Pay Period 17 Hours Maximum Accrued Balance Annually (total hours) 6.31 164.06 441.70 6.92 179.92 484.40 7.54 196.04 527.80 8.16 212.16 571.20 16 but less than 20 20 but less than 25 25 and over 8.77 9.38 10.00 NBPA MOU 2018-2021 228.02 243.88 260.00 2. The Flex leave program shall be administered as follows: 613.90 656.60 700.00 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 18 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. 9. 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. 19 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. 20 NBPA MOU 2018-2021 E. Workers' Compensation Leave 1. 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. F. 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 21 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-Accruinq 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 CaIPERS 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 22 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 CaIPERS 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. Additionallnsurance/Programs 1. 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 23 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. 24 NBPA MOU 2018-2021 D. The Retirement Benefit 1. 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 25 NBPA MOU 2018-2021 Tiers I and II: NBPA Tier I and II 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 I: 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. 26 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 1. 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. 27 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 of funds 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, 28 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 Tong -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. 29 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 CaIPERS participating employer's contribution towards medical insurance after retirement. 30 NBPA MOU 2018-2021 The parties also agree that, for retirees selecting a CaIPERS 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 Tess 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 lust 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/Layoffs 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 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; 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. 34 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 Tess 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. Seniority 1. 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. ii. 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. f. 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 1. 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. 38 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 40 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 NBPA MOU 2018-2021 Executed this 2.114 day of June, 2018. ATTEST: By: Leilani Brown City Clerk NEWPORT BEACH POLICE ASSOCIATION Alex Maslin, President CITY OF NEWPORT BEACH it), By: f iDuffiel ayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: 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 REPRESENTED CLASSIFICATION Police Officer ' Monthly Pay Rates are rounded to nearest whole dollar. NBPA MOU 2018-2021 HOURLY PAY MONTHLY PAY RATES RATES' 13 Steps 13 Steps $ 32.45 $ 34.08 $ 35.78 $ 37.58 $ 39.46 $ 41.41 $ 43.47 $ 45.67 $ 47.95 $ 50.34 $ 52.86 $ 55.50 $ 58.30 $ 5,625 $ 5,907 $ 6,202 $ 6,514 $ 6,840 $ 7,178 $ 7,535 $ 7,916 $ 8,311 $ 8,726 $ 9,162 $ 9,620 $ 10,105 2 POLICE OFFICER pay rates are comprised of nine (9) base steps and four (4) Master Officer Recognition Pays (MORP) identified as MORP I, II, III and IV. 44 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' 11 Steps 11 Steps Police Officer2 ' Monthly Pay Rates are rounded to nearest whole dollar. $ 32.51 $ 34.15 $ 35.85 $ 37.66 $ 39.54 $ 41.49 $ 45.64 $ 47.92 $ 50.32 $ 52.84 $ 55.48 $ 5,635 $ 5,919 $ 6,214 $ 6,528 $ 6,854 $ 7,192 $ 7,911 $ 8,306 $ 8,722 $ 9,159 $ 9,617 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 45 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 REPRESENTED CLASSIFICATION Police Officer HOURLY PAY MONTHLY PAY RATES RATES' 11 Steps 11 Steps $ 33.16 $ 34.83 $ 36.57 $ 38.41 $ 40.33 $ 42.32 $ 46.55 $ 48.88 $ 51.33 $ 53.90 $ 56.59 ' Monthly Pay Rates are rounded to nearest whole dollar. 46 $ 5,748 $ 6,037 $ 6,339 $ 6,658 $ 6,991 $ 7,335 $ 8,069 $ 8,473 $ 8,897 $ 9,343 $ 9,809 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 REPRESENTED CLASSIFICATION Police Officer Monthly Pay Rates are rounded to nearest whole dollar. NBPA MOU 2018-2021 HOURLY PAY MONTHLY PAY RATES RATES' 11 Steps 11 Steps 47 $ 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 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 I $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. 48 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 Sr Crime Analyst Crime Prevention Specialist Custody Officer Custody Supervisor Electronic Specialist Emergency Coordinator Police Animal Control Officer Sr Police Animal Control Officer Police Computer Systems Mgr Police Crime Scene Investigator Sr Police Crime Scene Investigator Police Community Services Officer Sr Police Community Services Officer Police Civilian Investigator Police Civilian Supervisor Police Dispatcher Sr Police Dispatcher Police Fiscal Services/Facility Manager Police IT Analyst Police IT Coordinator Police Mechanic I Police Mechanic II Sr Police Mechanic Police Recruit Police Rangemaster Police Station Officer 1 Monthly Pay Rates are rounded to nearest whole dollar. HOURLY PAY RATE MIN MAX $31.09 $29.52 $27.08 $36.06 $34.76 $35.96 $26.97 $31.09 $51.06 $28.52 $30.84 $21.65 $27.60 $28.52 $36.06 $27.60 $31.74 $41.26 $36.12 $42.29 $22.54 $26.10 $28.79 $30.03 $26.90 $26.97 $43.78 $41.57 $38.12 $50.73 $48.92 $50.56 $37.96 $43.78 $71.84 $40.14 $43.39 $33.59 $38.84 $40.14 $50.73 $38.84 $44.66 $58.03 $50.81 $59.51 $31.70 $36.74 $40.50 $37.83 $37.96 MONTLY PAY RATE MIN MAX $5,389 $5,117 $4,694 $6,250 $6,025 $6,233 $4,675 $5,389 $8,850 $4,943 $5,346 $3,753 $4,784 $4,943 $6,250 $4,784 $5,502 $7,152 $6,261 $7,330 $ 3, 907 $4,524 $4,990 $5,205 $4,663 $6,557 $4,675 $6,580 $7,589 $7,205 $ 6, 607 $8,793 $8,479 $8,764 $6,580 $7,589 $12,452 $6,958 $7,521 $5,822 $6,732 $6,958 $8,793 $6,732 $7,741 $10,059 $8,807 $10,315 $5,495 $6,368 $7,020 49 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 I $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 SECOND SIDE LETTER OF AGREEMENT TO THE 2014-17 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE ASSOCIATION REGARDING FURTHER AMENDMENTS CLARIFYING MOTOR OFFICER AND CANINE OFFICER COMPENSATION PROVISIONS This Second Side Letter of Agreement ("Second Side Letter") between the City of Newport Beach ("City") and the Newport Beach Police Association ("NBPA") is entered into with respect to the following: RECITALS A. On or about August 9, 2005, then Newport Beach Police Department Police Chief Bob McDonell, at the request of the Canine Officers, reviewed the amount of compensation to be paid to Canine Officers based upon the amount of off -duty time being spent by Canine Officers in handling, training, and boarding their canines. At the time of Chief McDonell's review, the amount being paid to Canine Officers was six (6) hours a month paid at time and a half (effectively nine hours of compensation) and the Canine Officers were asking for an increase in the amount of such monthly compensation. As a result of his review, Chief McDonell determined that Canine Officers should be compensated ten (10) hours a month paid at time and a half (effectively fifteen hours of. compensation) with such fifteen hours being a reasonable amount of off -duty time to compensate Canine Officers for handling, training, and boarding their canines each month while off -duty. Payments to Canine Officers for off -duty canine activities after Chief McDonell's review became ten (10) hours a month paid at time and a half. B On or about July 15, 2014, the City and NBPA entered into a Memorandum of Understanding ("MOU") regarding wages, benefits, and other terms and conditions of employment for employees represented by NBPA, for the period July 1, 2014 through June 30, 2017. C. On or about August 1, 2016, the City and NBPA entered into that certain "Side Letter to the 2014-17 Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Police Association Clarifying Canine and Motor Officer Pay Provisions" ("First Side Letter") to clarify the City's existing practice for compensating City employees in NBPA for Motor Officer Pay and Canine Pay to comply with the applicable California Public Employee Retirement System ("PERS") regulations and modify the MOU's terms regarding such premium pay in recognition of, respectively, patrolling the City on a motorcycle and maintaining and servicing the motorcycle (Motor Officer Pay) and handling, training, and boarding canines (Canine Pay). D. As part of the efforts in clarifying the MOU to comply with the PERS regulations via the First Side Letter, it was discovered that there was conflict between (1) the terms of the MOU and the First Side Letter regarding the amount of Canine Pay 01088.0004/317766.1 -1- (six hours a month at time and a half, effectively nine hours of compensation) and (2) the amount determined by Chief McDonell in 2005 at the request of the Canine Officers (ten hours a month at time and a half, effectively fifteen hours of compensation) and actually paid to Canine Officers at all times thereafter. E. The purpose of this Second Side Letter is to further amend and clarify the MOU regarding compensation to Motor Officers and to Canine Officers under the terms and conditions herein. Among other things, the parties hereto intend for this Second Side Letter to: (1) clarify and amend the MOU to state that Canine Officers are to receive compensation of fifteen hours a month at two-thirds of their regular hourly rate of pay at time and a half (effectively fifteen hours of compensation) for off -duty canine responsibilities; (2) ratify payments to Canine Officers since Chief McDonell's review in 2005 and determination of ten hours a month at time and a half (effectively fifteen hours of compensation) notwithstanding any inconsistencies in the terms of the MOU and the First Side Letter; (3) make the provisions of this Second Side Letter regarding payments to Canine Officers since Chief McDonell's review in 2005 and determination of ten hours a month at time and a half (effectively fifteen hours of compensation) retroactive to cover all such ratified payments; and (4) memorialize the understanding and agreement of the parties hereto that the terms and conditions herein result in capturing complete and accurate payment of all Canine Pay since Chief McDonell's review in 2005. TERMS AND CONDITIONS 1 All of the foregoing Recitals are true and correct and are incorporated herein as part of the Second Side Letter for all purposes. 2. Subsection (J) of section 2, Compensation, of the MOU, as amended by the First Side Letter, is hereby deleted in its entirety and amended to read: J. Motor Officer 1, FLSA Standard Employees assigned to work as Motor Officers that routinely and consistently patrol the City on a motorcycle and maintaining and servicing their motorcycle 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 -2- the requirements of the FLSA and that such provisions do comply with the FLSA. 2. Motorcycle Premium Pay Employees assigned to work as Motor Officers shall receive an additional six (6) hours of straight time compensation per month, paid at one and one-half (1.5) times their regular hourly rate of pay. This pay is in recognition of the routine and consistent responsibility for patrolling the City on a motorcycle and for maintaining and servicing the motorcycle. Pursuant to PERS regulations and limitations, the City shall report Motor Officer premium pay as special compensation, and therefore compensation earnable, pursuant to Title 2 of the California Code of Regulations, Section 571(a)(5) and Government Code Section 20636. 3. Motorcycle Reimbursement 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. Pursuant to PERS regulations and limitations, the City will not report compensation to perform extraordinary off -duty motorcycle care as special compensation, and therefore not compensation earnable, pursuant to Title 2 of the California Code of Regulations, Section 571 and Government Code Section 20636. 3. Subsection (K) of section 2, Compensation, of the MOU, as amended by the First Side Letter, is hereby deleted in its entirety and amended to read: K. Canine Officer 1. FLSA Standard Employees assigned to work as Canine Officers that routinely and consistently handle, train, and board the canines 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 -3- comply with the requirements of the FLSA and that such provisions do comply with the FLSA. 2. Canine Premium Pay Employees assigned to work as Canine Officers shall receive compensation of fifteen (15) hours a month at two-thirds (2/3) of their regular hourly rate of pay at time and a half for canine duties. This pay is in recognition of the routine and consistent responsibility for handling, training, and boarding the canines. Pursuant to PERS regulations and limitations, the City shall report Canine Officer premium pay as special compensation, and therefore compensation earnable, pursuant to Title 2 of the California Code of Regulations, Section 571(a)(5) and Government Code Section 20636. 3. Canine Reimbursement Employees assigned to work as Canine Officers who are required to perform extraordinary of 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 Chiefs assigned designee for additional compensation for the hours spent performing such work. Pursuant to PERS regulations and limitations, the City will not report compensation to perform extraordinary off -duty canine care as special compensation, and therefore not compensation earnable, pursuant to Title 2 of the California Code of Regulations, Section 571 and Government Code Section 20636, 4. The parties hereto hereby agree and acknowledge that payments to Canine Officers since Chief McDonell's review in 2005 of ten hours a month at time and a half (effectively fifteen hours of compensation) are hereby ratified notwithstanding any inconsistencies in the terms of the MOU. 5. Subsection (K)(2) of the MOU, as amended by this Second Side Letter, regarding Canine Premium Pay shall apply retroactively to all payments to Canine Officers ratified in section 4 of this Second Side Letter. The parties agree and acknowledge that this retroactivity provision, in conjunction with the ratification of all such payments in section 4 hereof, results in capturing the complete and accurate accounting of all payments of Canine Pay since Chief McDonell's review in 2005 and determination, in response to the request of the Canine Officers, that such amount should be ten hours a month at time and a half (effectively fifteen hours of compensation), The parties agree that Chief McDonell's determination constitutes a reasonable number of hours per month for -4- the performance of off -duty canine duties for all periods covered by this Second Side Letter. 6. The understanding reached in this Second Side Letter will continue through the term of the MOU. It is further understood that this Second Side Letter is not for the purpose of increasing or decreasing a benefit or changing a practice, but to further clarify the MOU regarding compensation to Motor Officers and to Canine Officers under the terms and conditions herein. All other provisions of the current MOU, existing policy, applicable Police Department Standard Operating Procedure or related practices, shall remain unchanged. Executed this 2Z, D day of DF.tm15EQ. , 2016. CITY OF NEWPORT BEACH NEWPORT BEACH POLICE ASSOCIATI O N By: Dave Kiff, City Manage APPROVED AS TO FORM: By: Aaron C. Harp, City Attorney ATTEST: i I. Brown, City Clerk -5- By: VlaAnderson, President APPROVED AS TO FORM: By: Stephen Silver, Counsel Side Letter to the 2014-17 Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Police Association Clarifying Canine and Motor Officer Pay Provisions The City of Newport Beach and the Newport Beach Police Association (NBPA) entered into a Memorandum of Understanding (MOU) regarding wages, benefits and other terms and conditions of employment for employees represented by NBPA, for the period July 1, 2014 through June 30, 2017. Included in the MOU is a provision that Safety employees assigned to work as Canine or Motor Officers shall receive additional compensation for the added responsibility of the assignment. Since Canine and Motor Officer are deemed assignment pays, the City has reported Canine and Motor Officer compensation to the California Public Employee Retirement System (PERS) as compensation earnable under Government Code Section 20636. PERS recently contacted the City regarding the MOU provision, indicating that it was vague and inconsistent with PERS regulations regarding reportable compensation. The purpose of this Side Letter is to clarity existing practice for Canine Pay and Motor Officer Pay. Motor Officers are responsible for patrolling the City on a motorcycle and are required to maintain and service the vehicle. Canine Officers are responsible for patrolling with the assigned canine, as well as handling, training and boarding the animal. The additional compensation is provided in recognition of the consistent and routine requirements of these assignments. For the purposes of clarifying the language to comply with PERS regulations, Section 2, Compensation, shall be modified to read as follows: J. Motor Officer Employees assigned to work as Motor Officers shall receive an additional nine (9) hours of straight time compensation per month. This pay is in recognition of the routine and consistent responsibility for patrolling the City on a motorcycle and for maintaining and servicing the vehicle. Pursuant to PERS regulations and limitations, the City shall report Motor Officer premium as special compensation, and therefore compensation earnable, pursuant to California Code of Regulations Section 571(a)(4) and Government Code Section 20636. K. Canine Officer Employees assigned to work as Canine Officers shall receive an additional nine (9) hours of straight time compensation per month. This compensation is in recognition of the routine and consistent responsibility for handling, training, and boarding the Canine. Pursuant to PERS regulations and limitations, the City shall report Canine Officer premium as special compensation, and therefore compensation earnable, pursuant to California Code of Regulations Section 571(a)(4) and Government Code Section 20636. 7/22/16 Side Letter: NBPA Motor and Canine Officer Pays Page 2 The understanding reached in this Side Letter will continue through the term of the 2014-17 MOU. It is further understood that this Side Letter is not for the purpose of increasing or decreasing a benefit or changing a practice, but to clarify proper reporting under PERS. All other provisions of the current MOU, existing policy, applicable Police Department Standard Operating Procedure or related practices, shall remain unchanged. crr Executed this day of AT4s--1. , 2016, City of Newport Beach By: Da Kiff, City Manag b Approved as to Form: Aaron, Harp, City Attorney Newport Beach Police Association By: V Vlad Anderson,resident Attest: 0444/{ Leilani Brown, City Clerk 7/22/2016 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 1. 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. NBPA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 2014 to June 30, 2017 and this tentative agreement has been embodied in this MOU, which has been executed concurrently. 3. 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. Duration of Memorandum 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 July 1, 2014. This MOU shall remain in full force and effect through June 30, 2017, and the provisions of NBPA MOU 2014-2017 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. 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. C. Release Time 1. NBPA members 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; 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. 2 NBPA MOU 2014-2017 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 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) 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 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. Any NBPA 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 NBPA as to the balance of hours in the Release Time NBPA MOU 2014-2017 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. 6. There is no entitlement to release time for any matter not set forth above. D. Scope 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. 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; f. 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. 4 NBPA MOU 2014-2017 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. E. Conclusiveness 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 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 shall indicate the name of the organization responsible. 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 race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, or any pornographic or obscene material. 5 NBPA MOU 2014-2017 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. 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 Adjustments 1. Effective the payroll period that includes July 1, 2014, there shall be a base salary increase of 2.5% for all represented classifications. 2. Effective the payroll period that includes July 1, 2015, there shall be a base salary increase of 2.5% for all represented classifications. 3. Effective the payroll period that includes July 1, 2016, there shall be a base salary increase of 2.5% for all represented classifications. 4. Effective with City Council adoption of the 2012-2014 MOU, a lowest step was added to the "Police Officer" classification that is equal to 5% below the lowest base salary step in place prior to the adoption of the MOU. This new salary step 1 may advance over time as adjustments are made to base salary that apply to the entire Police Officer classification, but shall remain 5% below the step above it. 6 NBPA MOU 2014-2017 B. Code Seven/Duty Incentive Time The City and NBPA 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 NBPA. NBPA 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 NBPA or any of its members. C. 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. Employees shall also be entitled to overtime compensation for hours worked in excess of 2,080 hours in the 12 month period commencing January 1st of each year. These overtime payments shall be offset by Section 1 above. 3. Overtime compensation shall be in the form of compensatory time off or pay at the election the employee. Maximum compensatory time accrual shall be 120 hours. All overtime worked for employees at the CTO maximum shall be paid. 4. The current practice for scheduling and approving CTO shall continue for the term of this agreement. CTO is approved on a "first come, first served" basis. Department policy is to approve CTO unless the use of CTO would result in staffing below minimum levels established by the Department, or the Department has a special circumstance or an operational need that requires staff resources above its established minimum levels.- The Association may reopen negotiations concerning the protocol of approving CTO requests if the Department's staffing level drops such that it routinely runs at or below minimum staffing levels. 5. 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 7 NBPA MOU 2014-2017 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. 6. 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. D. Overtime Compensation - Court 1. Compensation - Employees shall receive either compensatory time or paid time at their discretion. 2. On -Call - Off -duty employees on call for court who have not been canceled 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. 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. 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. E. Master Police Officer Recognition Program The City and NBPA agreed to institute a Master Officer Recognition Program ("MORP") on July 4, 1987. The intent of the MORP is to attract highly qualified and experienced lateral officers and encourage NBPA 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 MORP is comprised of four levels 8 NBPA MOU 2014-2017 with progressively higher compensation paid as years of service and experience increase. 1. Years of sworn service includes actual time employed as a police recruit or similar classification in a police training academy, not to exceed six months. 2. Lateral hires shall be authorized to utilize pre -Newport Beach "years of sworn service" and years of "specialty assignment" service, in satisfying those Master Office requirements set forth herein. 3. A lateral hire shall be eligible to participate in the "MORP" within and following their probationary testing period, upon entrance to the solo patrol phase of this probationary testing period. MORP shall commence beginning the first full pay period after the employee qualifies for each Master Officer step. In the case of lateral hires, MORP shall commence following the first full pay period in solo patrol. It is the responsibility of the employee to apply for MORP pay or any increase in MORP compensation level. The City reserves the right to administratively modify the MORP program so as to structure it as a Special Pay rather than an element within the base rate, as long as the overall compensation of the employees is not reduced. The Association will be given advance notice if such a change is to be implemented. The requirements and compensation of the four levels of MORP are summarized as follows: MASTER OFFICER I Requirements: 1. A minimum service of five (5) years as a sworn Police Officer; and 2. An Intermediate POST Certificate or the educational equivalent; and 3. Must maintain at least an overall "meets standards" or equivalent rating on their most recent performance evaluation. Compensation: Five percent (5%) base salary step increase. NBPA MOU 2014-2017 MASTER OFFICER II Requirements: 1. A minimum service of eight (8) years as a sworn Police Officer; and 2. An Advanced POST Certificate, or the educational equivalent; and 3. Must maintain at least an overall "meets standards" rating on their most recent performance evaluation. Compensation: Five percent (5%) base salary step increase above Master Officer I. MASTER OFFICER III Requirements: 1. A minimum service of ten (10) years as a sworn Police Officer,; and 2. An Advanced POST Certificate, or the educational equivalent; and 3. Must maintain at least an overall "meets standards" rating on their most recent NBPD performance evaluation. Compensation: Five percent (5%) base salary step increase above Master Officer II. MASTER OFFICER IV Requirements: 1. a. For employees hired prior to July 1, 2014, minimum service as a sworn Police Officer shall be: • Fifteen (15) years plus a Bachelor's degree or a minimum of 120 semester units; or • Twenty (20) years plus a minimum of 90 semester units; or 10 NBPA M0U 2014-2017 • Twenty-five (25) years plus a minimum of 60 semester units. b. For employees hired on or after July 1, 2014, minimum service as a sworn Police Officer shall be 15 years plus a Bachelor's degree. 2. An Advanced POST Certificate, or the educational equivalent; and 3. At least one year assigned as a Field Training Officer in the Patrol Division, regardless of the number of hours actually training, or have attended the POST FTO school; and 4. Must receive and maintain at least an overall "meets standards" rating on their most recent NBPD performance evaluation. Compensation: Five percent (5%) base salary step increase above Master Officer ID. F. Education Retention Incentive Program 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 and years of service as follows. Incentive pay shall commence beginning the first full pay period after the employee qualifies. It is the responsibility of the employee to apply for incentive pay or any increase in compensation level. Education Years of City Service 30 units 15 AA or 60 units 12 MA/BA or 120 units 8 A graduate degree is the only eligible increment of education for positions requiring BA. Compensation: Five percent (5%) of member's base monthly salary. 11 NBPA MOU 2014-2017 G. Scholastic Achievement Pay 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 years of service and the number of units and/or degrees received by the employee. Effective the pay period beginning January 20, 2007 (prospectively), years of service shall include time employed as a police recruit or similar classification in a police training academy, not to exceed six months. For persons hired on or after June 26, 2012a "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: Scholastic achievement pay is: Years of Service: 30 Units 60 Units 90 Units BA/BS MA/MS/JD 2 1% 1% 1% 1% 1% 3 1 % 2% 3% 5.5% 5.5% 4 1 % 2% 3% 5.5% 6.5% Effective July 1, 2016: 5 1% 2% 3% 5.5% 7.5% 12 NBPA MOU 2014-2017 Any unit members hired on and after July 1, 2012 shall be ineligible for any scholastic pay based upon having obtained units only. H. 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. 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 per shift. Effective with City Council adoption of this 2014-2017 MOU, employees in the following classifications, and who have met the FTO Training requirements, shall be eligible for FTO Training Pay: Senior Community Services Office, Senior Custody Officer, Senior Animal Control Officer, Senior Police Dispatcher, Senior Crime Scene Investigator. Eligibility for the FTO Training Pay shall continue only as long as the classifications remain a part of the City's structure. J. Motor Officer Pay Assigned Motor Officers shall receive six (6) additional hours of overtime per month pursuant to this City and Association mutual agreement that the six (6) additional hours of overtime represent reasonable compensation for maintenance of the motorcycle in a clean and serviceable condition. K. Canine Officer Employees assigned to work as Canine Officers, (in accordance with individual signed contracts between the employees and department) shall receive additional compensation at the rate of six (6) additional hours of overtime pay per month (six hours of time and a half equals nine (9) hours of compensation). This pay is recognition of the additional hours required of employees assigned to care for a City dog. City and Association 13 NBPA MOU 2014-2017 mutually agree that the additional six (6) hours pay represents reasonable compensation for the additional tasks required in maintaining the canine. No employee shall work more than six (6) hours in performing Canine Officer duties without the express direction of their supervisor. L. Matron Pay Any female non -sworn employees assigned matron duties shall receive an additional one and one-half (1%) hours of straight time pay for each shift matron duties are performed. Following MOU adoption, the parties shall meet and confer in good faith in an effort to develop a voluntary Standby Matron Incentive pilot program to address operational needs of the department. M. Minimum Call Back The following shall determine the type of compensation for the overtime worked: a. b. c. d. Court (four hour minimum). Call Out - off duty personnel called out for a special assignment (two hour minimum). Payment shall not be made for employees required to return to work to correct work errors. 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. N. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive Two Hundred ($200.00) Dollars per month 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. 14 NBPA MOU 2014-2017 O. Certification Pay Unit employees in Mechanic classification shall be eligible for annual certification pay as follows: 1. 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 Drivers License, Class A - $100.00 6. Commercial Drivers License, Class B - $75.00 P. 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. Q. One-time Bonus (Non Safety) Effective the pay issue date of August 15, 2014, non sworn members who are employed at the time of adoption of this 2014-17 MOU will receive a one-time bonus as follows: Tier I (PERS Legacy members) - $2,000 Tier 11 (PERS Classic members) - $2,500 Tier III (PERS PEPRA members) - $3,000 The parties agree that this one-time bonus is not intended to compensate employees for any time worked in the past and or in the future and further agree that this bonus does not meet the criteria under California Code of Regulations 571(b) as reportable compensation for retirement purposes. 15 NBPA MOU 2014-2017 SECTION 3. — Leaves A. Flex Leave 1. 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 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. As of July 1, 2012, the Flex Leave accrual rate shall be: Years of Hours Accrued Hours Maximum Continuous Per Pay Period Accrued Balance Service Annually (total hours) 1 but 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 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 2. NBPA and the City acknowledge that employees assigned the 9/81 work schedule accrue one (1) additional hour per pay period in addition to the accrual levels set forth above. 3. The Flex leave program shall be administered as follows: a. NBPA 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. 16 NBPA MOU 2014-2017 b. NBPA 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 shall be reduced by any flex leave time advanced during the first six months of employment. c. 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. d. NBPA 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). 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 accrue flex leave in excess of the Flex Leave Accrual Threshold and shall not be entitled to Flex Leave Spillover Pay. 17 NBPA MOU 2014-2017 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. Employees who have accrued in excess of seventy (70) times the member's bi-weekly accrual rate shall accrue no additional time unless through use of time or any authorized cash payment (including spillover pay), the accrued hours decrease to less than seventy (70) times the bi-weekly accrual rate. Except for persons eligible for Spillover Pay, in no case shall leave that would have been accrued in excess of the above limitations be earned for cash conversion. 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. g. Members shall be paid for all accrued flex leave at their then current hourly rate of pay upon termination of the employment relationship. 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 actually working 2088 hours per year shall be credited with two hours holiday pay 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, and will be reported to PERS as special compensation in addition to the employee's bi-weekly base salary. 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 18 NBPA MOU 2014-2017 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. Leave Pay Off For the term of this agreement, NBPA members shall receive payment for any accrued leave upon termination at the rate of 100% of their base hourly rate. D. Bereavement Leave 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. 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. E. Leave Seliback Twice annually, employees shall have the option of selling back, on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. F. Worker's Compensation Leave 1. 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. 19 NBPA MOU 2014-2017 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. G. 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 totally 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 appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. H. Non -Accruing Leave Bank Effective July 1, 2014, each sworn member employed at the time of adoption of this MOU, shall receive a one-time bank of 100 non -accruing leave hours. Employees hired between July 12, 2014 and June 30, 2015 shall be granted 67 hours, and employees hired between July 1, 2015 and 20 NBPA MOU 2014-2017 June 30, 2016 shall be granted 33 hours. Employees hired after July 1, 2016 shall not receive this benefit. The hours have no cash value and cannot be transferred to any other leave bank. Employees may only use a maximum of forty (40) hours of the Non -Accruing Leave Bank in any fiscal year. Usage of these hours is subject to supervisory approval. This benefit shall "sunset" on June 30, 2017 and any unused hours at that time shall expire. 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 group 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 Ca}PERS 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. The City and the Newport Beach Police Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. ® Effective July 1, 2014 through December 31, 2014 the City's monthly contribution towards the Cafeteria Plan shall be $1,324.00 (plus the minimum CaIPERS participating employer contribution as outlined in Government Code §22892). 21 NBPA MOU 2014-2017 • Effective the first pay issue in January 2015, the City's monthly contribution towards the Cafeteria Plan will increase to $1,424.00 (plus the minimum CaIPERS participating employer contribution as outlined in Government Code §22892.) • Effective the first pay issue in January 2016, the City's monthly contribution towards the Cafeteria Plan will increase to $1,524.00 (plus the minimum CaiPERS participating employer contribution as outlined in Government Code §22892.) On or before July 1, 2016, at the request of either party, the parties shall meet and confer in good faith to discuss possible changes to the medical benefit program, contribution levels, or other elements of healthcare services, provided, however, that any changes to the MOU only may occur by mutual agreement of the parties. 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. Current employees electing to opt out of City provided medical coverage will be eligible to receive a maximum cafeteria allowance of $1,274 per month. Effective the first pay issue in January 2015, the opt out cafeteria allowance will be $1, 000 per month. Employees hired on or after July 1, 2014, and who opt out of medical coverage, will receive a maximum cafeteria allowance of $1, 000 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. 22 NBPA MOU 2014-2017 5. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or coverages during the term of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. B. Additional Insurance/Programs 1. 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 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 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. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 23 NBPA MOU 2014-2017 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. D. The Retirement Benefit 1. 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 1 (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. 24 NBPA MOU 2014-2017 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 Tiers l and iI Effective the pay period that includes July 1, 2014, NBPA Tier I and 11 safety members will contribute the full statutory member contribution, equal to 9% of pensionable compensation, plus an additional 3.6% of pensionable compensation toward retirement costs as permitted under Government Code §20516(f), for a total contribution of 12.6% of pensionable compensation. Effective the pay period that includes July 1, 2015, NBPA Tier l and II safety members will contribute the full statutory member contribution, equal to 9% of pensionable compensation, plus an additional 4.1 % of pensionable compensation toward retirement costs as permitted under Government Code §20516(f), for a total contribution of 13.1 % of pensionable compensation. Effective the pay period that includes July 1, 2016, NBPA Tier i and II 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. 25 NBPA MOU 2014-2017 Tier Ill: Effective the pay period that includes July 1, 2014, in addition to the statutorily required 50% contribution of total normal costs ("member contribution rate" which in FY14-15 is 11.25% of pensionable compensation), Tier 111 employees shall contribute 1.35% of pensionable compensation toward retirement costs pursuant to Government Code § 20516(0, for a total contribution of 12.6% of pensionable compensation. Effective the pay period that includes July 1, 2015, in addition to the statutorily required 50% contribution of total normal costs ("member contribution rate" which in FY14-15 is 11.25% of pensionable compensation), Tier 11l employees shall contribute 1.85% of pensionable compensation toward retirement costs pursuant to Government Code § 20516(0, for a total contribution of 13.1 % of pensionable compensation. if the FY15-16 member contribution rate for employees in Tier III shall become greater or less than 11.25% of pensionable compensation, as determined by PERS valuation, the additional contribution made by the employee under 20516(0 will be increased or decreased accordingly so that the total employee contribution equals 13.1 % of pensionable compensation. Effective the pay period that includes July 1, 2016, in addition to the statutorily required 50% contribution of total normal costs ("member contribution rate" which in FY14-15 is 11.25% of pensionable compensation), Tier ill employees shall contribute 2.35% of pensionable compensation toward retirement costs pursuant to Government Code § 20516(0, for a total contribution of 13.6% of pensionable compensation. If the FY16-17 member contribution rate for employees in Tier Ill shall become greater or less than 11.25% of pensionable compensation, as determined by PERS valuation, the additional contribution made by the employee under 20516(0 will be increased or decreased accordingly so that the total employee contribution equals 13.6% of pensionable compensation. 26 NBPA MOU 2014-2017 b. Non Safety Tier l: Effective the pay period that includes July 1, 2014, employees will contribute 9.45% of pensionable compensation toward the PERS retirement benfefit on a pre- tax basis as provided by the Internal Revenue Code. The contribution will reflect a member contribution of 7.03% of pensionable compensation and 2.42% of pensionable compensation, with the City to pay the remaining portion of the required member contribution (the "EPMC) equal to .97% of pensionable compensation, pursuant to California Government Code §20516(a). Effective the first full pay period following MOU adoption, the City shall report as pensionable compensation to CaIPERS the EPMC. Effective the pay period that includes July 1, 2015, Tier I employees shall pay the entire member amount equal to 8% of pensionable compensation, thereby eliminating the EPMC, and shall, in addition to the 2.42% of pensionable compensation stated above, contribute .48% of pensionable compensation toward retirement costs pursuant to Government Code §20516(f), for a total of 10.9% of pensionable compensation. Concurrent with the July 1, 2015 additional contribution, the remaining .97% EPMC will be eliminated. Effective the pay period that includes July 1, 2016, Tier I employees shall contribute an additional 1.45% of pensionable compensation toward retirement costs pursuant to Government Code §20516(f), for a total of 12.35% of pensionable compensation. In 2008, in exchange for the 2,5%@55 retirement formula, Tier I Legacy miscellaneous (non -safety) unit members agreed to contribute a portion of the employer retirement costs equal to 2.42% of pensionable compensation pursuant to California Government Code Section 20516(a). Under the agreement, ratified via a contract amendment with CaiPERS, the modified normal member contribution for Tier I members is 10.42%. 27 NBPA MOU 2014-2017 Tier 11: Effective the pay period that includes July 1, 2014, Tier 1i employees shall contribute the statutory PERS Member Contribution equal to 7.0% of pensionable compensation, plus an additional 1.79% of pensionable compensation toward retirement costs under Government Code § 20516W, for a total contribution of 8.79% of pensionable compensation. Effective the pay period that includes July 1, 2015, Tier 11 employees shall contribute the statutory PERS Member Contribution equal to 7.0% of pensionable compensation, plus an additional 3.57% of pensionable compensation under Government Code § 20516(0, toward retirement costs, for a total contribution of 10.57% of pensionable compensation. Effective the pay period that includes July 1, 2016, Tier 1l 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. Tier III: The minimum statutory employee contribution for employees in Tier 111, subject to the provisions of the Public Employees Pension Reform Act (PEPRA), equals 50% of the "total normal cost". For FY14-15, the employee rate is 6.25% of pensionable compensation and is subject to change based on annual PERS actuarial valuations. Effective the pay period that includes July 1, 2014, in addition to the statutorily required 50% contribution of total normal costs, Tier Ill employees shall contribute 2.1 % of pensionable compensation toward retirement costs pursuant to Government Code § 20516(t), for a total of 8.35% of pensionable compensation. Effective the pay period that includes July 1, 2015, in addition to the statutorily required 50% contribution of total normal costs, Tier IiI employees shall contribute 4.1 % of pensionable 28 NBPA MOU 2014-2017 compensation toward retirement costs pursuant to Government Code § 20516(0, for a total of 10.35% of pensionable compensation. If the FY15-16 member contribution rate for employees in Tier 111 shall become greater or less than 6.25% of pensionable compensation, as determined by PERS valuation, the additional contribution made by the employee under 20516(0 will be increased or decreased accordingly so that the total employee contribution equals 10.35% of pensionable compensation. Effective the pay period that includes July 1, 2016, in addition to the statutorily required 50% contribution of total normal costs, Tier Ili employees shall contribute 6.1 % of pensionable compensation toward retirement pursuant to Government Code § 20516(0, for a total of 12.35% of pensionable compensation. If the FY16-17 member contribution rate for employees in Tier IiI shall become greater or less than 6.25% of pensionable compensation, as determined by PERS valuation, the additional contribution made by the employee under 20516(0 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. 4. To the extent during the term of this Memorandum of Understanding that the City pays a portion of the normal PERS contributions of members, said payments shall be reported to PERS as special compensation as is authorized by Government Code §20636(c)(4). Payment by any unit member of the individual member's normal employee PERS contributions or amounts contributed pursuant to 20516 (a) or (f), shall not be reported to PERS as special compensation. 29 NBPA MOU 2014-2017 E. Retiree Medical Benefit 1. 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. 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 of funds 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. 30 NBPA MOU 2014-2017 Part A contributions (mandatory employee contributions): 1 % of Salary. Part B contributions (employer contributions): $1.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31st of the prior year). Effective January 2008, this contribution will increase to $2.50 per month. 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, 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 FlexNacation 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. 31 NBPA MOU 2014-2017 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. 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 32 NBPA MOU 2014-2017 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 CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS 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 33 NBPA MOU 2014-2017 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 there is no cost share requirement, and the $400 City contribution after retirement can be used for any IRS authorized purpose, not just 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. 34 NBPA MOU 2014-2017 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1% of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). F. City Contribution to PORAC Retiree Medical Trust (RMT) Effective the first payroll period starting on or after January 1, 2013, the City shall contribute $100.00 per month, per unit member to the PORAC Retiree Medical Trust. Said City contributions shall be made through pre- tax payroll . deductions in the $100.00 uniform amount for all unit employees. 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. G. 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. Beginning July 1, 2012, the maximum tuition reimbursement for both sworn and non -sworn personnel shall be $1,400 per fiscal year. H. Physical Conditioning Equipment/Apparel 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. 35 NBPA MOU 2014-2017 SECTION 5. — Miscellaneous Provisions A. Reductions in Force/Layoffs 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 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; 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. 36 NBPA MOU 2014-2017 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 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 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 37 NBPA MOU 2014-2017 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 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 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. 1. Substantive Work Schedule Modifications Newport Beach Police Department currently has available a variety of work schedules including 5/8, 3/12, 9/81, 4/10 and the 3/11 schedule implemented in 2013. 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. 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 38 NBPA MOU 2014-2017 their personal schedules and commitments related to the change in work schedules. 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. Seniority 1. Definition and Policy In order to clarify "seniority" practices, the following definition and policy for "seniority" determinations are adopted effective the date of this Agreement. "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. ii. 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. 39 NBPA MOU 2014-2017 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. f. 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. 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 1. 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 40 NBPA MOU 2014-2017 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 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 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 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 Captain 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 Captain shall provide the employee 41 NBPA MOU 2014-2017 with a written decision on the appeal within fifteen (15) calendar days after the meeting. Step 3 — Appeal to Chief of Police. 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 seven (7) calendar 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 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 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 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 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 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 42 NBPA MOU 2014-2017 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 -Hearing 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. Compensation Study Should the City conduct a classification/compensation study involving any police department classifications, it will consult with the Association on all aspects of the study, including study design, implementation, and findings. Any compensation changes recommended by the study will be subject to the meet and confer process. Contract Negotiations The parties agree that, if NBPA submits preliminary requests for changes in wages, fringe benefits and other terms and conditions of employment earlier than 90 days prior to expiration of this MOU (as provided in Section 18. Timetable for Submission of Requests of the Employer -Employee Relations Resolution), the parties will begin negotiations promptly, with the objective of reaching agreement by July 1, 2017. Signatures are on the next page. 43 NBPA MOU 2014-2017 Executed this /f' day of July, 2014. Leilani Brown City Clerk APPROVED AS TO FORM: Harp, City Attor NEWPORT BEACH POLICE ASSOCIATION By: C.,, Jeff sell, Presi ent CI OF NE RT BEAC l By. �. 1✓ Rush N. Hifl Mayor 44 NBPA MOU 2014-2017 SIDE LETTER AMENDING THE 2012-2014 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE ASSOCIATION WHEREAS, on June 26, 2012, the City of Newport Beach (the "City") and the Newport Beach Police Association (the "Association" and together with the City, the "Parties") executed a memorandum of understanding (the "MOU") for the period of January 1, 2012 through June 30, 2014; and WHEREAS, included in the MOU is a provision for the Association's safety members to share in the City's costs of providing California Public Employment Retirement System (Ca1PERS) benefits; and WHEREAS, on November 25, 2012, the City adopted a Tier II benefit formula (3%@55) for anyone hired alter November 25, 2012; and WHEREAS, during the team of this agreement, to address the rising cost of public employer pension obligations, the California Legislature enacted the Public Employees Pension Reform Act ("PEPRA"), which mandates a lower benefit factor for employees new to the retirement system (2.7%@57) after January 1, 2013; and WHEREAS, the MOU reflected the Parties intent that Tier II employees would be included in the cost share provisions agreed to in the MOU; and WHEREAS, because the MOU preceded PEPRA, the MOU does not address the employees subject to PEPRA ("Tier III") or the cost share provisions applicable to Tier III employees; and WHEREAS, the Association and the City engaged in a meet and confer process to discuss Tier III members participating in the MOU's cost share provisions and the payment by the employees of the City's pension obligation; and WHEREAS, the Association and City have reached agreement on an amendment to the 2012-2014 MOU to increase contributions by Tier III members and defer salary adjustments and additional CaIPERS contributions from July 1, 2013 to January 1, 2014 and now wish to memorialize this agreement in this Side Letter; and WHEREAS, as part of this Side Letter, the Parties have agreed that the remaining terms of the MOU shall remain in full force and effect except as set forth in this Side Letter, NOW, THEREFORE, the City and the Association agree as follows: Section I: MOU Section 2.A.2 shall be modified to read as follows: 2. Effective the payroll period including January 1, 2014 there shall be a base salary increase of not less than 1.0%, nor more than 2.0%. The precise amount of the increase shall be determined with reference to the percent increase in the Consumer Price Index (All Urban Consumers) for the Los Angeles, Riverside, and Orange County areas for the 12 consecutive months ending on March 31, 2013. If there is either a decrease in the CPI, no increase in the CPI or the increase is less than 1.0%, the base salary increase shall be 1.0%. If the increase is greater than 1.0%, the base salary increase shall be in the same amount, but in no event, greater than 2.0%. Section 2: MOU Section 2.A.4 shall be modified to read as follows: 4. Concurrent with the January I, 2014 implementation of the 3.1% Government Code § 20516(a) cost sharing as to all unit safety members (see Section 4.D. below)) the base salary for all unit safety members shall be increased by 3.1 %. Section 3: MOU Section 4.D.2.d shall be modified to read as follows: 2. Current Sworn Members d. Effective the payroll period including January 1, 2014, sworn unit members in the 3%@50 benefit formula shall pay an additional 2.75% of compensation as and for the individual member's normal employee PERS contributions required to be paid by PERS (totaling 9.0% on Employee's Rate). Said payment shall be made pursuant to Government Code § 20691. Section 4: MOU Section 4.D.5 shall be modified to read as follows: 5. All employees hired following City Council adoption of negotiated contract amendment(s) with CalPERS to implement a Tier 11, 3%®55 retirement formula (Safety) or 2%@60 (Miscellaneous), or Tier III, 2.7%457 retirement formula (Safety) or 2%@62 (Miscellaneous) under the Public Employees Pension Reform Act (PEPRA) shall be subject to the following retirement benefits. a. Tier II: For employees first hired by the City between November 24 and December 31, 2012, or hired on or after January 1, 2013 and are current members of the retirement system, as defined in Public Employees Pension Reform Act, the retirement formula shall be 3% @ 55 for Safety and 2%@60 for Miscellaneous, and calculated on the average 36 highest months' salary. Tier III: For employees first hired by the City on or after January 1, 2013, and who do not meet the Tier I1 criteria, the retirement formula shall he 2.7°%457 for Safety and 2%.@62 for Miscellaneous, and calculated on the average 36 highest months' salary. b. Allsuch hirees shall individually pay 100% of the statutorily mandated member normal employee PERS contribution as follows: Safety Tier II employees shall contribute 9% and Tier III shall contribute 11.25%; Miscellaneous (non -safety) Tier 11 shall contribute 7% and Tier III shall contribute 6.25%. c. Unless specifically modified herein, said newly hired employees shall be subject to other then -existing City-PERS contract provisions. 2 Section 5: MOU Section 4.D.6 shall be modified to read as follows: 6. Safety Member Government Code §20516 Cost Sharing. Provisions under the Public Employees Pension Reform Act of 2013 provide varying employee contribution rates by bargaining unit, classification, or benefit factor, within a cost share agreement. Effective the payroll period including January 1, 2014, or as soon thereafter as is reasonably possible, the City shall take action to amend its contract with PERS to provide for a Government Code Section 20516(a) authorized cost sharing by safety unit members in an amount that equals a total 12.1 % employee contribution. For employees in Tiers I and II, the 20516(a) cost share contribution shall be 3.1% of compensation earnable. The 3.1% is in addition to the normal 9%Member Contribution. For employees in Tier III the cost share contribution shall be .85% of compensation earnable, which is in addition to the 11.25% Member Contribution. This cost sharing contribution shall be treated as normal member PERS contributions to the extent provided by statute. The parties acknowledge that implementing a Government Code § 20516(a) PERS contract amendment requires PERS approval. Therefore, the parties agree that if a Section 20516(a) PERS contract amendment is not implemented effective January 1, 2014, the parties shall utilize Government Code § 20516(1) to effectuate the 3.1% or .85% safety member cost sharing contribution. Implementation of cost sharing pursuant Section 20516(1) shall remain in full force and effect unless or until a Section 20516(a) contract amendment is approved by PERS, To the extent authorized by the IRS and/or Franchise Tax Board, Section 20516(f) costsharing shall be implemented through pre-tax payroll deductions. Finally, if for any reason unit safety member cost sharing is not authorized by either Section 20516(a) or (f), then effective concurrent with either disallowance by PERS of such cost sharing or a Superior Court judgment being rendered disallowing cost sharing pursuant to Section 20516(a) or (0, the above Section 2.A(f) 3.1% base salary increase shall be immediately terminated and the parties shall reconvene the meet and confer process confined to the issue of a replacement for the 3.1% or .85% cost sharing and 3.1% base salary increase. Moreover, upon the termination of the 3.1% base salary increase, the City shall simultaneously terminate any employee cost sharing pursuant to subparagraph 8 of this Section, unless and until such 3.1% base salary increase is reinstated by subsequent mutual agreement of the parties. Attached to this Memorandum of Understanding as Exhibit B is a March 1, 2012 letter from PERS Senior Pension Actuary, Kerry Worgan. Based upon the representations made in Exhibit B, it is the agreement of the parties that unless and/or until modified pursuant to the meet and confer process or as mandated by law, these designated safety member cost sharing contributions shall continue until the August 26, 2020 "expiration date" designated in Exhibit B and shall then concurrently revert to the amount. of 2.142% on August 26, 2020, unless and/or until said amount is modified pursuant to the meet and confer process and/or requirements of law. 3 Section 6: MOU Section 4.D.8 shall be modified to read as follows: 8. Percent of retirement funding amount to be paid by safety members. The CaIPERS safety retirement defined benefit plan is funded by CaIPERS mandated employer contributions based on a percentage of payroll (and statutorily mandated employee member contributions, as well.) The combined employer and member contribution percentages constitute the cost of funding the safety retirement plan. Effective concurrent with implementation of the above January I, 2014 cost share contribution, when added to the safety normal member contribution of 9% (Tiers 1 & II) or 11.25% (Tier III) of compensation, safety employees shall be funding 25.05% of the cost of the safety retirement plan. The safety member funding of 25.05% of the cost of the retirement plan shall remain in full force and effect on and after January 1, 20.14, subject to the mandate that maintenance of the 25.05% member finding of the retirement cost shall be limited to an increase or decrease in Government Code § 20516 employee cost sharing of 2.0%. For example, maintenance of 25.05% employee retirement funding rate shall result in a maximum Government Code § 20516 employee cost sharing of 5.1% and a minimum of 1.1 %. In the event that compliance with the above 25.05% member funding of retirement cost would result in a member funding an excess of any statutory or other legal limitations on such funding, each affected employee shall fund the maximum amount (not to exceed 25.05% plus or minus 2%) allowed by statute or other legal authority. Signatures on the following page 4 APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: I I Date: By: Aaron C. Harp City Attorney ATTEST: Date: 1 Z 1D• 13 By: Leilani I. Brown City Clerk NEWPORT BEACH POLICE ASSOCIATION 3 5 By: Keith D. Curry Mayor 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 1 The Newport Beach Police Association ("NBPA"), 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. NBPA 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, 2012 to June 30, 2014 and this tentative agreement has been embodied in this MOU, which has been executed concurrently, 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's/Employee Labor 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 Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBPA. Duration of Memorandum 1. 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 January 1, 2012. This MOU shall remain in full force and effect until June 30, 2014, 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. 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. C. Release Time 1. NBPA members 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; 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. 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, or, prior to adjusting work hours per subsection C.2.a. Requests for release time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. 2 Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. a. 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) 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 accumulate up to 300 hours of City —provided Release Time. In addition to City —provided Release Time and Release Time provided pursuant to subsection C.3, NBPA members may 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. Any NBPA 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 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, accrued vacation leave, and accrued holiday time. 6. There is no entitlement to release time for any matter not set forth above. D. Scope 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. 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; f. 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. E. Conclusiveness 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 relating 4 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 shall indicate the name of the organization responsible. 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 race, gender, ethnicity, religion 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. 1. 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 5 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 Adjustments — this MOU Period 1. Effective the first payroll period commencing on or after July 1, 2012, there shall be a base salary increase of not less than 1.0%, nor more than 2.0%. The precise amount of the increase shall be determined with reference to the percent increase in the Consumer Price Index (All Urban Consumers) for the Los Angeles, Riverside, Orange County areas for the 12 consecutive months ending on March 31, 2012. If there is either a decrease in the CPI, no increase in the CPI or the increase is less than or equal to 1.0%, the base salary increase shall be 1.0%. If the increase is greater than 1.0%, the base salary increase shall be in the same amount, but in no event, greater than 2.0%. 2. Effective the first payroll period commencing on or after July 1, 2013, there shall be a base salary increase of not less than 1.0%, nor more than 2.0%. The precise amount of the increase shall be determined with reference to the percent increase in the Consumer Price Index (All Urban Consumers) for the Los Angeles, Riverside, Orange County areas for the 12 consecutive months ending on March 31, 2013. If there is either a decrease in the CPI, no increase in the CPI or the increase is less than 1.0%, the base salary increase shall be 1.0%. If the increase is greater than 1.0%, the base salary increase shall be in the same amount, but in no event, greater than 2.0%. Concurrent with City Council adoption of the 2012-2014 MOU, the "Police Officer" classification, Schedule J20, shall reflect a new lowest salary step of 5% below the lowest base salary step in place prior to the adoption of this MOU, This salary step may advance over time as adjustments are made to base salary that apply to the entire Police Officer classification, but shall always remain 5% below the step above it. 6 4. Concurrent with the July 1, 2013 implementation of the 3.1% Government Code § 20516(a) cost sharing as to all unit safety members (see Section 4.D. below,) the base salary for all unit safety members shall be increased by 3.1 %. B. Code Seven/Duty Incentive Time The City and NBPA 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 NBPA. NBPA 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 NBPA or any of its members. C. 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. Employees shall also be entitled to overtime compensation for hours worked in excess of 2,080 hours in the 12 month period commencing January lst of each year. These overtime payments shall be offset by Section 1 above. 3. Overtime compensation shall be in the form of compensatory time off or pay at the election the employee. Maximum compensatory time accrual shall be 120 hours. All overtime worked for employees at the CTO maximum shall be paid. 4. The current practice for scheduling and approving CTO shall continue for the term of this agreement. CTO is approved on a "first come, first served" basis. Department policy is to approve CTO unless the use of CTO would result in staffing below minimum levels established by the Department, or the Department has a special circumstance or an operational need that requires staff resources above its established minimum levels: The Association may reopen negotiations concerning the protocol of approving CTO requests if the Department's staffing level drops such that it routinely runs at or below minimum staffing levels. 7 5. 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. 6. 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. D. Overtime Compensation - Court 1. Compensation - Employees shall receive either compensatory time or paid time at their discretion. 2. On -Call - Off -duty employees on call for court who have not been canceled 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. Appearance - Off -duty employees who are required to appear in court shall be compensated for the actual time involved with a minimum of two (2) hours paid at time and one-half the employee's regular rate of pay. 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. 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. E. Master Police Officer Recognition Program The City and NBPA agreed to institute a Master Officer Recognition Program ("MORP") on July 4, 1987. The intent of the MORP is to attract 8 highly qualified and experienced lateral officers and encourage NBPA 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 MORP is comprised of four levels with progressively higher compensation paid as years of service and experience increase. 1. Years of sworn service includes actual time employed as a police recruit or similar classification in a police training academy, not to exceed six months. 2. Effective concurrent with City Council adoption of the 2012-2014 MOU, lateral hires shall be authorized to utilize pre -Newport Beach "years of sworn service" and years of "specialty assignment" service, in satisfying those Master Office requirements set forth herein. 3. A lateral hire shall be eligible to participate in the "MORP" within and following their probationary testing period, upon entrance to the solo patrol phase of this probationary testing period. MORP shall commence beginning the first full pay period after the employee qualifies for each Master Officer step. In the case of lateral hires, MORP shall commence following the first full pay period in solo patrol It is the responsibility of the employee to apply for MORP pay or any increase in MORP compensation level. The City reserves the right to administratively modify the MORP program so as to structure it as a Special Pay rather than an element within the base rate, as long as the overall compensation of the employees is not reduced. The Association will be given advance notice if such a change is to be implemented. The requirements and compensation of the four levels of MORP are summarized as follows: MASTER OFFICER I Requirements: A minimum service of Live (5) years as a sworn Police Officer; and 2. An intermediate POST Certificate or the educational equivalent; and 3. Must maintain at least an overall "meets standards" or equivalent rating on their most recent performance evaluation. Compensation: Five percent (5%) base salary step increase. MASTER OFFICER II Requirements: 1. A minimum service of eight (8) years as a sworn Police Officer; and 2. An advanced POST Certificate, or the educational equivalent; and 3. Must maintain at least an overall "meets standards" rating on their most recent performance evaluation. Compensation: Five percent (5%) base salary step increase above Master Officer I. MASTER OFFICER III Requirements: 1. A minimum service of ten (10) years as a sworn Police Officer,; and 2. An advanced POST Certificate, or the educational equivalent; and 3. Must maintain at least an overall "meets standards" rating on their most recent NBPD performance evaluation. Compensation; Five percent (5%) base salary step increase above Master Officer It 10 MASTER OFFICER IV Requirements: 1. Minimum service as a sworn Police Officer: Fifteen (15) years plus a Bachelors degree or a minimum of 120 semester units b. Twenty (20) years plus a minimum of 90 semester units c. Twenty-five (25) years plus a minimum of 60 semester units 2. An advanced POST Certificate, or the educational equivalent; and 3. At least one year assigned as an FTO in the Patrol Division, regardless of the number of hours actually training, or have attended the POST FTO school; and 4. Must receive and maintain at least an overall "meets standards" rating on their most recent NBPD performance evaluation. Compensation: Five percent (5%) base salary step increase above Master Officer III. F. Education Retention Incentive Program The City shall 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 and years of service as follows. Incentive pay shall commence beginning the first full pay period after the employee qualifies. It is the responsibility of the employee to apply for incentive pay or any increase in compensation level. Education Years of City Service 30 units 15 AA or 60 units 12 MA/BA or 120 units 8 11 A graduate degree is the only eligible increment of education for positions requiring BA. Compensation: Five percent (5%) of member's base monthly salary. G. Scholastic Achievement Pay 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 years of service and the number of units and/or degrees received by the employee. Effective the pay period beginning January 20, 2007 (prospectively), years of service shall include time employed as a police recruit or similar classification in a police training academy, not to exceed six months. For persons hired on or after the adoption date of this MOU, 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 five 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. The following is a schedule of monthly payments pursuant to the Scholastic Achievement Program: 12 Scholastic achievement pay is: Years of Service: 30 Units 60 Units 90 Units BA/BS MA/MS/JD 2 1% 1°Jo 1% 1% 1% 3 1% 2% 3% 5.5% 5.5% 4 1% 2% 3% 5.5% 6.5% Any unit members hired on and after City Council adoption of this 2012- 2014 MOU shall be ineligible for any scholastic pay based upon having obtained units only. H, 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. 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 per shift: The following classifications are not eligible for training pay consistent with existing department/division practice. Sr. Community Service Officer Sr. Custody Officer Sr. Animal Control Officer Sr. Police Dispatcher Sr. Crime Scene Investigator J. Motor Officer Pay Assigned Motor Officers shall receive six (6) additional hours of overtime per month pursuant to this City and Association mutual agreement that the 13 six (6) additional hours of overtime represent reasonable compensation for maintenance of the motorcycle in a clean and serviceable condition. K. Canine Officer Employees assigned to work as Canine Officers, (in accordance with individual signed contracts between the employees and department) shall receive additional compensation at the rate of six (6) additional hours of overtime pay per month (six hours of time and a half equals nine (9) hours of compensation), This pay is recognition of the additional hours required of employees assigned to care for a City dog. City and Association mutually agree that the additional six (6) hours pay does represent reasonable compensation for the additional tasks required in maintaining the canine. No employee shall work more than six (6) hours in performing Canine Officer duties without the express direction of their supervisor. Matron Pay Any female non -sworn employees assigned matron duties shall receive one (1) hour straight time pay for each shift matron duties are performed. Minimum Call Back The following shall determine the type of compensation for the overtime worked: a. Court (two hour minimum). b. Call Out - off duty personnel called out for a special assignment (two hour minimum). c. Payment shall not be made for employees required to return to work to correct work errors. d. Call back shall be paid only for hours not contiguous to the employees regular work schedule when they are required to physically retum to work. N. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive Two Hundred ($200.00) Dollars per month 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. 14 Additional languages may be certified for compensation pursuant to this section by the Chief of Police. O. Certification Pay Unit employees in Mechanic classification shall be eligible for annual certification pay as follows: 1. 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 Drivers License, Class A - $100.00 6. Commercial Drivers License, Class B - $75.00 P. 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. SECTION 3. — Leaves A. Flex Leave 1. 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 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, NBPA members shall accrue Flex leave at the following rates: Years Adjusted Accrual of Cont. Service: Per Pay Period: 1 but less than 5 5.85 5 but less than 9 6.46 15 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 7.08 7.70 8.31 8.92 9.54 Starting July 1, 2012, the above accrual schedule shall change to: Years of Cont. Service: 1 but less than 5 5 but less than 9 9 but less than 12 12 but.less than 16 16 but less than 20 20 but less than 25 25 and over Adjusted Accrual Per Pay Period: 6.31 6.92 7.54 8.16 8.77 9.38 10.00 2. NBPA and the City acknowledge that employees assigned the 9/81 work schedule accrue one (1) additional hour per pay period in addition to the accrual levels set forth above. 3. The Flex leave program shall be administered as follows: a. NBPA 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. b. NBPA 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 shall be reduced by any flex leave time advanced during the first six months of employment. 16 c. 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. d. NBPA 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). 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 accrue flex leave in excess of the Flex Leave Accrual Threshold and shall not be entitled to Fiex Leave Spillover Pay. 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 Fiex Leave Accrual Threshold. Employees who have accrued in excess of seventy (70) times the member's bi-weekly accrual rate concurrent with adoption of the 2012 MOU, shall accrue no additional time unless through use of time or any authorized cash payment 17 (including spillover pay), the accrued hours decrease to less than seventy (70) times the bi-weekly accrual rate. Except for persons eligible for Spillover Pay, in no case shall leave that would have been accrued in excess of the above limitations be earned for cash conversion. 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. g. Members shall be paid for all accrued flex leave at their then current hourly rate of pay upon termination of the employment relationship. 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 actually working 2088 hours per year shall be credited with two hours holiday pay 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 30th), 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, and will be reported to PERS as special compensation in addition to the employee's bi-weekly base salary. 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 members 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. 18 C. Leave Pay Off For the term of this agreement, NBPA members shall receive payment for any accrued leave upon termination at the rate of 100% of their base hourly rate. D. Bereavement Leave 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. NBPA 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 an employee's father, mother, brother, sister, spouse/domestic partner, child or grandparent, and the employee's spouse/domestic partner's father, mother, brother, sister, child or grandparent. E. Leave Sellback Twice annually, employees shall have the option of selling back, on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. F. Worker's Compensation Leave 1. 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 Califomia, 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 19 day of approved absence and end with the termination of temporary disability, or the expiration of six (6) months, whichever occurs first. G. 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 totally 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 appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (Le., weekly physical therapy) must be scheduled off duty. 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 group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 20 2. Medical lnsurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the amounts listed below, the City shall contribute the minimum CaIPERS 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. The City and the Newport Beach Police Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. Effective the pay period beginning on or immediately after: March 1, 2012, the City's contribution towards the Cafeteria Plan will increase to 1,174.00 (plus the minimum Ca/PERS participating employer's contribution.) • January 1, 2013, the City's contribution towards the Cafeteria Plan will increase to $1,274.00 (plus the minimum CaIPERS participating employee's contribution.) • January 1, 2014, the City's contribution towards the Cafeteria Plan will increase to $1,324.00 (plus the minimum CalPERS participating employee's contribution.) 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. Those members participating in the opt -out program shall be permitted to cash out 100% of the City's contribution towards the cafeteria plan, not to exceed $1,274.00/monthly. 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. 21 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. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or coverages during the term of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. 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 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 $50 Waiting Period 30 Calendar Days 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. 22 Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 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. D. The Retirement Benefit (Superseding inconsistent April 13, 2010 SUPPLEMENTAL MOU and inconsistent 2008-2010 MOU provisions) 1. Current Non -Sworn Members (Miscellaneous) a. Pursuant to a separate agreement, miscellaneous (non - safety) unit members have agreed to have 2,42% of the employer retirement cost added to the employee's rate pursuant to California Government Code Section 20516. Non -safety employees now pay 3.42% of retirement costs (2.42% employer cost sharing and 1% employee normal member contribution) on a pre-tax basis pursuant to IRS Code Section 414(h)(2). Effective the first pay period after July 1, 2012, non -safety employees shall in addition to the Government Code §20516 cost sharing provision described above, pay an additional 2.29% of compensation as and for the individual members normal employee PERS contributions required to be paid by PERS (totaling 3.29% towards Employee's Rate plus 2.42% towards Employer's Rate). Said payment shall be made pursuant to Government Code § 20691. Effective the first pay period after July 1, 2013, non -safety employees shall in addition to the Government Code §20516 23 cost sharing provision described above, pay an additional 2.29% of compensation as and for the individual members normal employee PERS contributions required to be paid by PERS (totaling 5.58% towards Employee's Rate plus 2.42% towards Employer's Rate or 8% of pensionable compensation). Said payment shall be made pursuant to Government Code § 20691. Effective at such time as one or more of the City's other Miscellaneous units agrees to an additional employee contribution within this MOU term, NBPA agrees to reopen negotiations for the purpose of considering an equivalent contribution. d. The City provides the Public Employees' Retirement System retirement formula of 2.5% at 55 for unit members hired prior to implementation of the 2% at 60 retirement formula (see below.) The provisions of this 2012-2014 MOU shall supersede and take precedence over any other inconsistent provisions in the September 9, 2007 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE POLICE EMPLOYEES ASSOCIATION. 2. Current Sworn Members a. The City provides the Public EmployeesRetirement System retirement formula of 3/0 at 50. b. Effective concurrent with City Council adoption of this MOU, the April 13, 2010 Supplemental Memorandum of Understanding SECTION 4 FRINGE BENEFITS shall be modified to reflect that the 3.5% payroll deduction made by all safety unit employees as regards funding of retirement, shall continue in said amount but shall be made pursuant to Government Code § 20691. c. Effective the first payroll period commencing on and after July 1, 2012, sworn unit members shall pay an additional 2.75% of compensation as and for the individual member's normal employee PERS contributions required to be paid by PERS (totaling 6.25% on Employee's Rate). Said payment shall be made pursuant to Government Code § 20691. 24 d. Effective the first payroll period commencing on and after July 1, 2013, sworn unit members shall pay an additional 2.75% of compensation as and for the individual member's normal employee PERS contributions required to be paid by PERS (totaling 9.0% on Employee's Rate). Said payment shall be made pursuant to Government Code § 20691. 3. The City's contract with PERS shall also provide for: a. A 3% @ 50 retirement formula pursuant to the provisions of Section 21252.01 of the California Government Code (subject to the Amendment described in Section 5, below.) b. The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. The Level 4 1959 Survivors Benefits. d. The PERS pre -retirement option settlement 2 death benefit (Section 21548) for miscellaneous and safety members. 4. To the extent during the term of this Memorandum of Understanding, that the City pays a portion of the normal PERS contributions of members, said payments shall be reported to PERS as special compensation as is authorized by Government Code §20636(c)(4). Payment by any unit member of the individual member's normal employee PERS contributions required to be paid by PERS, shall not be reported to PERS as special compensation. 5. All employees hired following City Council adoption of this 2012- 2014 Memorandum of Understanding and implementation of enabling contract amendment(s) with CalPERS, whenever those amendment(s) shall be made, shall be subject to the following retirement benefits. a Safety personnel — the 3% at 55 retirement formula with the retiree's annuity being calculated based upon the employee's compensation earnable during the highest paid consecutive thirty-six (36) month period preceding the effective date of retirement. b. Miscellaneous personnel — the 2% at 60 retirement formula with the retiree's annuity being calculated based upon the 25 employee's compensation earnable during the highest paid consecutive thirty-six (36) month period preceding the effective date of retirement. c. All such hirees shall individually pay 100% of the statutorily mandated member normal employee PERS contribution. d. Unless specifically modified herein, said newly hired employees shall be subject to other then -existing City-PERS contract provisions. 6. Safety Member Government Code §20516 Cost Sharing. Effective on July 1, 2013 or as soon thereafter as is reasonably possible, the City shall take all action necessary to amend its contract with PERS to provide for a Government Code Section 20516(a) authorized cost sharing by safety unit members of the cost of optional retirement benefits in an amount equal to 3.1 % of member compensation earnable. This 3.1% cost sharing contribution shall be treated as normal member PERS contributions to the extent provided by statute. However, the parties acknowledge that implementing the Government Code § 20516(a) PERS contract amendment as to all unit safety members is contingent upon the cost sharing contribution being uniform with respect to all local police officers within the City and/or to compliance with any and all other provisions as may be mandated by statute and/or PERS. (Compliance with the requirement of uniform contribution with respect to all local police officers, will require a future agreement with the Newport Beach Police Management Association which is in accord with the cost sharing agreement of the Newport Beach Police Association.) The parties acknowledge that compliance with the Section 20516(a) "uniform contribution" requirement within the classification of all local police officers, is not a certainty and may not be possible at the time of adoption of this 2012-2014 MOU. The parties further acknowledge that implementation of a Section 20516(a) PERS contract amendment is contingent upon PERS determining that all conditions precedent to a Section 20516(a) contract amendment have been met. Therefore, the parties acknowledge that implementing a Government Code § 20516(a) PERS contract amendment as to unit safety members will entail the passage of an unspecified period 26 of time and in fact, may not be approved by PERS. Therefore, the parties further agree that if a Section 20516(a) PERS contract amendment is not implemented effective July 1, 2013, the parties shall effective July 1, 2013, utilize Government Code § 20516(f) to effectuate the 3.1% .safety member cost sharing contribution. Implementation of cost sharing pursuant Section 20516(f) shall remain in full force and effect unless or until a Section 20516(a) contract amendment is approved by PERS. To the extent authorized by the IRS and/or Franchise Tax Board, Section 20516(f) cost sharing shall be implemented through pre-tax payroll deductions. Finally, if for any reason unit safety member cost sharing is not authorized by either Section 20516(a) or (f), then effective concurrent with either disallowance by PERS of such cost sharing or a Superior Court judgment being rendered disallowing cost sharing pursuant to Section 20516(a) or (f), the above Section 2,A(t) 3.1% base salary increase shall be immediately terminated and the parties shall reconvene the meet and confer process confined to the issue of a replacement for the 3.1% cost sharing and 3.1% base salary increase. Moreover, upon the termination of the 3.1% base salary increase, the City shall simultaneously terminate any employee cost sharing pursuant to subparagraph 8 of this Section, unless and until such 3.1% base salary increase is reinstated by subsequent mutual agreement of the parties. Attached to this Memorandum of Understanding as Exhibit 1 is a March 1, 2012 letter from PERS Senior Pension Actuary, Kerry Worgan. Based upon the representations made in Exhibit 1, it is the agreement of the parties that unless and/or until modified pursuant to the meet and confer process or as mandated by law, these designated safety member cost sharing contributions shall continue until the August 26, 2020 "expiration date" designated in Exhibit 1 and shall then concurrently revert to the amount of 2.142% on August 26, 2020, unless and/or until said amount is modified pursuant to the meet and confer process and/or requirements of law. 7. The parties further agree and acknowledge that if during the term of the MOU, State statutory or other requirements of law change to mandate modifications to substantive retirement benefits and/or the manner of funding such benefits prior to June 30, 2014, the parties shall promptly reconvene the meet and confer process in order to address the impact of any such mandatory statutory or other changes in the law. MOU changes which are required in order to bring the Agreement into conformance with mandatory statutory or 27 other requirements, shall be implemented concurrent with the effective date of said statutory/other changes of law, regardless of the impact -related meet and confer process having been convened or completed. 8. Percent of retirement funding amount to be paid by safety members. The Ca/PERS safety retirement defined benefit plan is funded by Ca/PERS mandated employer contributions based on a percentage of payroll (and statutorily mandated employee member contributions, as well.) The combined employer and member contribution percentages constitute the cost of funding the safety retirement plan. Effective concurrent with implementation of the above July 1, 2013 safety member payment of 9% of compensation as and for the individual member's normal employee PERS contributions, unit members who are safety employees shall be funding 26.5% of the cost of the safety retirement plan. (The 26.5% amount is the result of adding the July 1, 2013 9% normal member contribution to the above described 3.1 % employee payment of the employer cost of retirement funding, pursuant to Government Code § 20516.) The safety member funding of 26.5% of the cost of the retirement plan shall remain in full force and effect on and after July 1, 2013, subject to the mandate that maintenance of the 26,5% member funding of the retirement cost shall be limited to an increase or decrease in Government Code § 20516 employee cost sharing of 2.0%. For example, maintenance of 26.5% employee retirement funding rate shall result in a maximum Government Code § 20516 employee cost sharing of 5.1 % and a minimum of 1.1%. In the event that compliance with the above 26.5% member funding of retirement cost would result in a member funding an excess of any statutory or other legal limitations on such funding, each affected employee shall fund the maximum amount (not to exceed 26.5% plus or minus 2%) allowed by statute or other legal authority. E. Retiree Medical Benefit 1. 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 28 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. 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) Medical Expense Reimbursement Program Plan (MERP). a. For employees in Category 1, the program is structured as follows: Each employee will have an individual MERP 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 of funds 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): $1.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 3151 of the prior year). Effective January 2008, this contribution will increase to $2.50 per month.' 29 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, 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 MERP, 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°/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 MERP 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 30 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. Part A contributions begin upon enrollment in the program and are credited to each MERP 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 MERP 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 MERP account at the time of separation. Distributions from MERP 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 MERP 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 31 Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular MERP 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 CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's MERP 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 MERP 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 MERP 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. 32 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 (160 months). This contribution will be made to the MERP 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 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 MERP 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. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1% of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). F“ City Contribution to PORAC Retiree Medical Trust (RMT) 33 Effective the first payroll period starting on or after January 1, 2013, the City shall contribute $100.00 per month, per unit member to the PORAC Retiree Medical Trust. Said City contributions shall be made through pre- tax payroll deductions in the $100.00 uniform amount for all unit employees. 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. G. 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. Beginning July 1, 2012, the maximum tuition reimbursement for both sworn and non -sworn personnel shall be $1,400 per fiscal year. H. Physical Conditioning Equipment/Apparel 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. SECTION 5. — Miscellaneous Provisions A. Reductions in Force/Layoffs 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. 34 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 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; 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: 35 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. 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 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. /n 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 Human Resources Director. 36 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 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. 1. Substantive Work Schedule Modifications 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. 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. 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. 37 C. Seniority 1. Definition and Policy In order to clarify "seniority" practices, the following definition and policy for "seniority" determinations are adopted effective the date of this Agreement. "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. ii. 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. 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. 38 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 1. 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. 7173, 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. 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 39 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 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 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 Captain 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 Captain shall provide the employee with a written decision on the appeal within fifteen (15) calendar days after the meeting. Step 3 — Appeal to Chief of Police. 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 seven (7) calendar 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 40 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 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 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 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 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 -Hearing Briefs Each party is entitled to the other party's pre -hearing brief, if any. 41 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. Compensation Study Should the City conduct a classification/compensation study involving any police department classifications, it will consult with the Association on all aspects of the study, including study design, implementation, and findings. Any compensation changes recommended by the study will be subject to the meet and confer process. Contract Negotiations The parties agree that, if NBPA submits preliminary requests for changes in wages, fringe benefits and other terms and conditions of employment earlier than 90 days prior to expiration of this MOU (as provided in Section 18. Timetable for Submission of Requests of the Employer -Employee Relations Resolution), the parties will begin negotiations promptly, with the objective of reaching agreement by July 1, 2014. Signatures are on the next page. 42 Executed this 26th day of June, 2012. NEWPORT BEACH POLICE ASSOCIATION By: -3 Michael O'Bierne, President ATTEST: By: Leilani Brown City Clerk APPROVEB,ATO FORM: Aaron Harp, City Attorney CITY OF EWPEA)-I By: Nancy G: r•; er, Mayor 43 AMENDMENT TO 2010-2011 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE ASSOCIATION WHEREAS, the 2010-2011 Memorandum of Understanding between representatives of the City of Newport Beach and the Newport Beach Police Association, Section 4 FRINGE BENEFITS (D) THE RETIREMENT BENEFIT (3) provides in part that, "Effective July 3, 2010 and through December 31, 2011, all sworn unit employees will contribute 3.5% of base pay towards retirement costs.' ; and WHEREAS, representatives of the City and the Newport Beach Police Association are in the process of negotiating a successor to the 2010-2011 Memorandum of Understanding; and WHEREAS, said meet and confer process is not likely to conclude on or before December 31, 2011; NOW THEREFORE, representatives of the City and the Newport Beach Police Association agree that all provisions in Section 4(D)(3)(b) of the 2010-2011 Memorandum of Understanding shall remain in full force and effect through and including either the date upon which the City Council adopts a Memorandum of Understanding that is a successor to the 2010- 2011 MOU, or February 29, 2012, whichever event occurs first. In the event that February 29, 2012 is concluded without the City Council having adopted a successor to the 2010-2011 MOU, the value of the 3.5% base pay contributed towards retirement during the period January 1, 2012 through and including February 29, 2012, shall be reimbursed to each unit member, without interest. Said reimbursement shall be made in equal installments paid over four (4) successive payroll periods commencing with the first payroll period commencing on or after March 1, 2012. IT IS AGREED: zotz. By: Dave Sy'Goc1 President Date Newport City of Ne By: Nan ATT eacki. Police Association Beach dner, Mayor By: Leilani Brown, ity Clerk APPR VED AS TO FORM: /4I //?-- Date By: 'Aaron Harp, City Attorney Date 555315.4 NE020-025 Page 1 of 1 Side Letter to the Memoranda of Understanding between the City of Newport Beach and Several Newport Beach Employee Associations as well as Unrepresented Employees Since 2009 the City and its employee associations agreed upon the closure of the City Hall complex during the Christmas and New Year's Holiday period. The Newport Beach employee associations and the unrepresented group listed below acknowledge the need for the City to reduce expenditures and the City's leave accrual liability. The undersigned Associations and City jointly agree to close the City Hall complex and other non- essential facilities and functions between the Christmas and New Year's Holiday period (December 24, 2011 through January 2, 2012). Facility closures shall be cost neutral to the City and will not result in additional paid days/hours off. The City and the undersigned also agree that staff located at the City Hall complex and other non -essential employees will not have the option to work during this period, unless specifically requested by Department Directors and exclusively authorized by the City Manager or designee. Emergency Conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following guidelines will be applied to the closure: 1. Both Christmas Eve and New Year's Eve fall on a Saturday in 2011. Per applicable Memoranda of Understanding, the City provides half -day holidays (4 hours each) for Christmas Eve and New Year's Eve, which would otherwise be observed on December 23 and December 30 respectively. Under this agreement only, the two half -day holidays will be combined into one paid 8-hour holiday and observed on Friday, December 30. In conjunction, the City Hall complex will be open a full day on Friday, December 23, 2011. 2. Christmas Day and New Year's Day fall on a Sunday in 2011. As provided for in the current Memoranda of Understanding, the holiday will be observed the following Monday. Christmas Day will be observed on December 26, 2011 and New Year's Day will be observed on January 2, 2012. This results in only 3 full days (12/27, 12/28, and 12/29) that are required for employees to use Flex Leave during holiday closure. This is a one-time exception of the existing designated holiday schedule outlined in the current Memoranda of Understanding for each Association. 3. According to the City's Employee Policy Manual, an employee must be in paid status in order to receive holiday pay. Therefore, employees must either work or use flexible leave, vacation leave, administrative leave or compensatory time the day before and the day after the holiday in order to meet this requirement. The only day employees would be eligible to take leave w/out pay and still receive holiday pay would be Wednesday, December 28. 4. Employees who have completed their initial probationary period but do not have any accrued flexible leave, vacation leave, administrative leave or compensatory time will be required to take leave without pay. 5. Employees on a flexible schedule whose regularly scheduled day off is Friday, December 30, will take their regularly scheduled day off and bank the 8 hours of holiday pay to their Comp or Flex Leave Bank. Side Letter Agreement —Holiday Closure FY2011-12 Page 2 This agreement will help lower the liability on the City's books for leave balances and provide savings of utilities and other maintenance costs for fiscal year 2011-2012. This agreement shall not apply to Public Safety or essential functions that operate on a 24/7 basis regardless of scheduled holidays designated by existing MOD's and authorized for unrepresented employee groups. Any questions or requests for information shall be addressed to the Human Resources Department. Executed this "t day of ust , 2011. NEWPORT BEACH EMPLOYEE ASSOCIATIONS: City Employees' Association By: Teresa Craig, Presid nt Firefighter' ation By: Brian McDonou• , President Fire Management Association By: harles Duncan, President Key & Management Employees By: Mike Pisani Newport Beach Employees' League By: I�G Chris Auger, Preside Lifeguard By: Brent Jaco+ -n, President ent Association Prof � Sonal Technical Employees' Assoc. By:(�J�/ isi, President ‘S Police Association Pr id By: David Syvoc , ent Police Management Association FOR THE CITY OF NEWPORT BEACH: By: L y:�--� By: Steve Rasmussen, President Approved David' u , City Attorney Attest: Poykrfr- Leilani Brown, City Clerk Side Letter to the Memoranda of Understanding between the City of Newport Beach and the Several Newport Beach Employee Associations and Unrepresented Employee Group In 2009, the City and its Employee Associations agreed upon the closure of the Civic Center complex during the Christmas and New Year's Holiday period. To support the City's ongoing efforts to meet its fiscal, managerial and operational goals, the Newport Beach Employee Associations and Unrepresented Group representatives listed below acknowledge the need for the City to reduce expenditures and the City's liability during Fiscal Year 2010-2011. The undersigned Associations and the City jointly agree to the closure of the Civic Center complex and other non -essential facilities and functions between the Christmas and New Year's Holiday period (December 24, 2010 through December 31, 2010). Facility shutdowns, including the Civic Center complex, shall be cost neutral to the City and will not result in additional paid days/hours off. The City and the undersigned also agree that the Civic Center complex and other non -essential employees will not have the option to work during this period, unless specifically requested by Department Directors and exclusively authorized by the City Manager, or designee. Emergency conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following guidelines will be applied to the closure: 1. Due to the holidays of Christmas and New Year's Day falling on Saturday, employees will work a full day on Thursday, December 23 and roll the designated 1/2 paid holiday from December 23 to Thursday, December 30, in order to make one complete paid holiday (8 hours). This results in only 3 full days (12/27, 12/28, and 12/29) that are required for employees to take off during the holiday closure. This is a one-time exception of the existing designated holiday schedule outlined in the current Memoranda of Understanding for each Association. 2. According to the City's Employee Policy Manual, an employee must be in paid status in order to receive holiday pay. Therefore, employees must use flexible leave, vacation leave, administrative leave or compensatory time the day before and the day after the holiday in order to meet this requirement. The only day employees will be eligible to take leave without pay and still receive holiday pay will be Tuesday, December 28. 3. Employees who have completed their initial probationary period, but do not have any accrued flexible leave, vacation leave, administrative leave or compensatory time will be required to take leave without pay. 4. Employees on a flexible schedule whose regularly scheduled day off falls between December 24, 2010 and December 31, 2010 will take their regularly scheduled day off. Employees in this category will only be required to take flexible leave, vacation leave, administrative leave or compensatory time for the alternate day they are scheduled to work. This agreement will help lower the liability on the City's books for leave balances and will provide for some savings in utilities and other maintenance costs for Fiscal Year 2010-2011. This agreement shall not apply to Public Safety personnel or essential functions that operate on a 24/7 basis, regardless of scheduled holidays designated by existing MOU's and authorized for unrepresented employee groups. Any questions or requests for information shall be addressed to the Human Resources Department. Signatures are on the next page. Executed this day of , 2010 NEWPORT BEACH EMPLOYEE ASSOCIATIONS: CITY EMPLOYEES By: O,g Teresa Craig, President FIREFIGHTERS ASSOCIATION By: /'/ Brian McDonough, President FIRE MANAGEMENT By: C t� Charles Duncan, Vice - President KEY & MANAGEMENT EMPLOYEES By: Mike Pisani POLICE MANAGEMENT /a,q/ a iltn, President CITY OF NEWPORT BEACH By: Dave Kiff, City Manager LEAGUE EMPLOYEES LIFEGUARD MANAGEMENT By: Brent Jacobsen, resident PROFESSIONAL AND TECHNICAL By: Russell Bunim, President POLICE By: David SyvocVPr ident APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: David R. Hunt, titer C-Z05-19 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE POLICE EMPLOYEES ASSOCIATION 1. This Supplemental Memorandum of Understanding (MOU) sets forth the agreement between the City of Newport Beach (City) and Police Employees Association (Association) for the implementation of the California Public Employees Retirement System 2.5% © 55 retirement formula non -sworn employees. The City and Association agree as follows: 2. The 2.5% Q 55 retirement program will be implemented on January 1, 2008 for non -sworn employees. Plan options will remain unchanged. 3. Concurrently, the entire 3.42% cost of the plan change (2.42% employer and 1% employee) will be added to the employee's rate pursuant to California Retirement Code Section 20516. This will bring the total employee contribution to 10.42%. The City will continue to pay 7% towards the employee share. Employees will pay the balance on a pre-tax basis pursuant to IRS Code Section 414(h)(2). 4. Implementation of this agreement requires the affirmative vote of a majority of the City's Miscellaneous Retirement Plan Members. If this does not occur, the City and Association will reopen negotiations on retirement issues only. 5. All other matters within the scope of representation are covered in the Memorandum of Understanding between the City and Association dated January 1, 2007 through December 31, 2009 and successor Memoranda. 6. Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect. The City and Association will meet and confer on those portions of the MOU found invalid. 7. The term of this Supplemental MOU will be for 10 years, from July 1, 2007 through June 30, 2017. Neither party shall attempt to amend the provisions contained herein during this 10-year term. Signatures are on the next page. Executed this 0 9 day of £Epr,f,ni9fr2 , 2007: NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION By: CITY OF WPO EACH By: i,, _Q Mayor ATTES B City Clerk 4AP ROVED AS TO FO M: `Ci Attorney 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: PREAMBLE 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, 2007 to December 31, 2009 and this tentative agreement has been embodied in this 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 set forth herein. SECTION 1. — General Provisions A. Recognition In accordance with the provisions ofrqhe 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. 1 B. Duration of Memorandum 1. 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 January 1, 2007. This MOU shall remain in full force and effect until December 31, 2009, 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. 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. C. Release Time 1. NBPEA members 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; b. to prepare for scheduled meetings between the City and NBPEA during the meet and confer process. c. i. to travel to, and attend scheduled meetings between the City and NBPEA 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. NBPEA shall designate certain members as those members entitled to release time. In no event shall any one designate be 2 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, or, prior to adjusting work hours per subsection C.2.a. 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. Any NBPEA 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 NBPEA members the right to engage in the activities described in subsection 1(c) at any time without any reduction to City —provided Release Time or to any Release Time bank created pursuant to subsection C.S. 4. City Grants NBPEA 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.) 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 subsection C.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 15 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. 6. There is no entitlement to release time for any matter not set forth above. D. Scope 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; 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; 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. 4 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. E. Conclusiveness 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 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 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 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. H. No Strike The parties recognize their mutual responsibility to provide the citizens of Newport Beach with uninterrupted municipal services and, therefore, for 5 the term of this MOU, the parties agree not to conduct concerted strike, work slowdown, sick out, withholding of services, or lockout activities. I. 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. 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. 7173 or a successor resolution. SECTION 2. — Compensation A. Salary Salaries shall be subject to the following adjustments: 1. Effective the pay period beginning January 20, 2007, the City shall increase base salary for NBPEA employees by 3%. 2. Effective the pay period beginning December 22, 2007, the City shall increase base salary for the NBPEA employees by 4%. 3. Effective the pay period beginning December 20, 2008, the City shall increase base salary for NBPEA employees by 4%. B. Code Seven/Duty Incentive Time 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 6 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. C. Overtime 1. 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. 2. Employees shall also be entitled to overtime compensation for hours worked in excess of 2,080 hours in the 12 month period commencing January 1st of each year. These overtime payments shall be offset by Section 1 above. 3. Overtime compensation shall be in the form of compensatory time off or pay at the election the employee. Maximum compensatory time accrual shall be 120 hours. All overtime worked for employees at the CTO maximum shall be paid. 4. The current practice for scheduling and approving CTO shall continue for the term of this agreement. CTO is approved on a "first come, first served" basis. Department policy is to approve CTO unless the use of CTO would result in staffing below minimum levels established by the Department, or the Department has a special circumstance or an operational need that requires staff resources above its established minimum levels. The Association may reopen negotiations conceming the protocol of approving CTO requests if the Department's staffing level drops such that it routinely runs at or below minimum staffing levels. 5. 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. 7 6. The City and NBPEA 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. D. Overtime Compensation - Court 1. Compensation - Employees shall receive either compensatory time or paid time at their discretion. 2. On -Call - Off -duty employees on call for court who have not been canceled 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 two (2) hours paid at time and one-half the employee's regular rate of pay. 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. E. 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 attract highly qualified and experienced lateral officers and 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 MORP is comprised of four levels with progressively higher compensation paid as years of service and experience increase. Effective the pay period beginning June 23, 2007, the Master Police Officer Recognition Program shall be modified as indicated in bold throughout this Section E. Only for purposes of implementing these changes, employees shall receive the level of MORP compensation for which they qualify on June 23, 2007as a result of their years of service and time in specialties,regardless of their present MORP step. For example, an officer who is currently at MORP Step 1, has 10 years of total law enforcement service and three years of service at NBPD shall be immediately entitled to move to MORP III, without the requirement to serve one full year at MORP I or II. 8 For MORP purposes, years of sworn service and time in a specialty assignment shall be counted as follows: 1. Two years in a regular patrol assignment at NBPD shall be equivalent to one year in any specialty assignment. 2. Two thousand eighty (2,080) hours of service as an FTO shall be equivalent to one year in a specialty assignment. 3. Effective June 23, 2007 years of sworn service includes actual time employed as a police recruit or similar classification in a police training academy, not to exceed six months. MORP shall commence beginning the first full pay period after the employee qualifies for each Master Officer step. It is the responsibility of the employee to apply for MORP pay or any increase in MORP compensation level. The City reserves the right to administratively modify the MORP program so as to structure it as a Special Pay rather than an element within the base rate, as long as the overall compensation of the employees is not reduced. The Association will be given advance notice if such a change is to be implemented. The requirements and compensation of the four levels of MORP are summarized as follows: MASTER OFFICER I Requirements: 1. Minimum service of five (5) years as a sworn 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 in the Newport Beach Police Department (NBPD) or two years in a regular patrol assignment at NBPD. (Delete June 23, 2007) 4. Must maintain at least an overall meets standard or equivalent rating on their most recent performance evaluation. Compensation: Five percent (5%) base salary step increase. MASTER OFFICER II Requirements: 1. Minimum service of eight (8) years as a sworn Police Officer. 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 in the NBPD, or have any combination of specialty and equivalent time in regular patrol assignments, or a minimum of five years total service at NBPD. (Delete June 23, 2007) Effective June 23, 2007, must have successfully completed one year in a specialty assignment in the Newport Beach Police Department (NBPD) or two years in a regular patrol assignment at NBPD. 5. Must maintain at least an overall meets standard rating on their most recent NBPD performance evaluation. Compensation: Five percent (5%) base salary step increase above Master Officer I. MASTER OFFICER III Requirements: 1. Minimum service of ten (10) years as a sworn Police Officer. 2. One full year at the Master II level. 3. Must successfully complete a full year in a third (separate) specialty assignment in the NBPD or have a combination of specialty and equivalent time in a regular patrol assignment, or a minimum of seven years service at NBPD. (Delete June 23, 2007) Effective June 23, 2007, must have successfully completed a second full year in any specialty assignment in the NBPD, or have any combination of specialty and equivalent time in 10 regular patrol assignments, or a minimum of three years total service at NBPD. 4. Must maintain at least an overall meets standard rating on their most recent NBPD performance evaluation. Compensation: Five percent (5%) base salary step increase above Master Officer II. MASTER OFFICER IV (Effective June 23, 2007) Requirements: 1. Minimum service as a sworn Police Officer a. Fifteen (15) years plus a Bachelors degree or a minimum of 120 semester units b. Twenty (20) years plus a minimum of 90 semester units c. Twenty-five (25) years plus a minimum of 60 semester units 2. One full year at the Master III level. 3. At least one year assigned as an FTO in the Patrol Division, regardless of the number of hours actually training, or have attended the POST FTO school. 5. Must have successfully completed at least three years in at least two specialty assignments in the NBPD, or have any combination of specialty and equivalent time in regular patrol assignments, and a minimum of five years total service at NBPD. 6. Must receive and maintain at least an overall meets standards rating on their most recent NBPD performance evaluation. Compensation: Five percent (5%) base salary step increase above Master Officer III. 11 F. Education Retention Incentive Program Effective the pay period beginning June 23, 2007, the City shall institute the Education Retention Incentive Program to retain experienced, well- educated non -sworn employees. Employees shall be eligible for payment for education beyond minimum qualifications and years of service as follows. Incentive pay shall commence beginning the first full pay period after the employee qualifies. It is the responsibility of the employee to apply for incentive pay or any increase in compensation level. Education Years of City Service 30 units 15 AA or 60 units 12 MA/BA or 120 units 8 A graduate degree is the only eligible increment of education for positions requiring BA. Compensation: Five percent (5%) of member's base monthly salary. G. 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. Effective the pay period beginning January 20, 2007 (prospectively), years of service shall include time employed as a police recruit or similar classification in a police training academy, not to exceed six months. The Plan consists of five 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. The following is a schedule of monthly payments pursuant to the Scholastic Achievement Program: 12 Years of Service: 30 Units 60 Units 90 Units BA/BS MA/MS/JD 2 1% 1% 1% 1% 1% 3 1% 2% 3% 5.5% 5.5% 4 1% 2% 3% 5.5% 6.5% H. 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. Training Pav 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 per shift: The following classifications are not eligible for training pay consistent with existing department/division practice. Sr. Community Service Officer Sr. Custody Officer Sr. Animal Control Officer Sr. Police Dispatcher Sr. Crime Scene Investigator J. Motor Officer Pav Assigned Motor Officers are responsible for keeping the motorcycle assigned to him/her cleaned and polished at all times. This work shall be performed outside of regularly scheduled work hours; and compensated at the rate of six (6) additional hours overtime per month (six (6) hours at time and one half equals nine (9) hours compensation). 13 K. Canine Officer Employees assigned to work as Canine Officers, (in accordance with individual signed contracts between the employees and department) shall receive additional compensation at the rate of six (6) additional hours of overtime pay per month (six hours of time and a half equals nine (9) hours of compensation). This pay is recognition of the additional hours required of employees assigned to care for a City dog. City and Association mutually agree that the additional six (6) hours pay does represent reasonable compensation for the additional tasks required. No employee shall work more than six (6) hours in performing Canine Officer duties without the express direction of their supervisor. L. Helicopter Pay Effective the pay period beginning January 20, 2007, employees assigned to work as Helicopter Pilots shall receive additional compensation at the rate of Five Hundred ($500.00) Dollars per month in addition to any other compensation received. Effective the pay period beginning December 22, 2007, helicopter pay will be increased to Six Hundred ($600.00) Dollars per month. M. Matron Pay Any female non -sworn employees assigned matron duties shall receive one (1) hour straight time pay for each shift matron duties are performed. N. Minimum Call Back The following shall determine the type of compensation for the overtime worked: a. Court (two hour minimum). b. Call Out - off duty personnel called out for a special assignment (two hour minimum). c. Payment shall not be made for employees required to return to work to correct work errors. d. Call back shall be paid only for hours not contiguous to the employees regular work schedule when they are required to physically return to work. 14 O. Bilingual Pav Effective the pay period beginning January 20, 2007, employees certified as bilingual (Spanish) shall be eligible to receive Two Hundred ($200.00) Dollars per month 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. P. Certification Pav Unit employees in Mechanic classification shall be eligible for annual certification pay as follows: 1. 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 Drivers License, Class A - $100.00 6. Commercial Drivers License, Class B - $75.00 Q. Uniform Allowance. The City reports to PERS a uniform allowance amount of $750 per year for sworn officers; $118.56 per year for non -sworn personnel. SECTION 3. — Leaves A. Flex Leave 1. Effective the pay period beginning January 6, 2007, NBPEA 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 their total full-time employment as a sworn law enforcement officer, including up to a maximum of six 15 months time employed as a police recruit or similar classification in a police training academy. NBPEA members shall accrue Flex leave at the following rates: Years of Con't. Service: 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Adjusted Accrual Per Pav Period: 5.85 6.46 7.08 7.70 8.31 8.92 9.54 2. NBPEA and the City acknowledge that employees assigned the 9/81 work schedule accrue one (1) additional hour per pay period in addition to the accrual levels set forth above. 3. The Flex leave program shall be administered as follows: a. 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. b. 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 shall be reduced by any flex leave time advanced during the first six months of employment. c. 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 16 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. d. 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 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. 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. 17 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 actually working 2088 hours per year shall be credited with two hours holiday pay per quarter worked on the 12 hour schedule. B. Holiday Time NBPEA members shall accrue holiday time at the rate of 96 hours per fiscal year (July 1 through June 30th), 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, and will be reported to PERS as special compensation in addition to the employee's bi-weekly base salary. Option 2: Within 60 days of NBPEA membership, NBPEA 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. Leave Pay Off For the term of this agreement, NBPEA members shall receive payment for any accrued leave upon termination at the rate of 109% of their base hourly rate. D. Bereavement Leave 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 an employee's father, mother, brother, sister, wife, 18 husband, child or grandparent, and the employee's spouse's father, mother, brother, sister or child. E. Leave Sellback Twice annually, employees shall have the option of selling back, on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. F. Worker's Compensation Leave 1. 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 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. G. 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 it's representative schedules the appointment. When an employee is temporarily totally 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 19 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 appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. 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 group 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. Effective the pay period beginning December 23, 2006, the City contribution toward the Cafeteria Plan shall be $774. In addition, the City shall contribute the minimum CaIPERS 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. The City and the Newport Police Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. 20 Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. Effective the pay period beginning December 22, 2007, the City's contribution towards the Cafeteria Plan will increase to $874 (plus the minimum CaIPERS participating employer's contribution). Effective the pay period beginning December 20, 2008, the City's contribution towards the Cafeteria Plan will increase to $974 (plus the minimum CaIPERS participating employer's contribution). NBPEA 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. 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. 5. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or coverages during the term of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. B. Additional Insurance/Programs 1. 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 Section 125 of the Internal Revenue Code, pursuant to which an 21 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 $50 Waiting Period 30 Calendar Days 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. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 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. 22 D. The Retirement Benefit 1. The City shall pay each member's required PERS retirement contribution (9% of salary for sworn employees and 7% 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 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. 2. Non -Sworn Members The City provides the Public Employees' Retirement System retirement formula of 2% at 55. 3. Sworn Members The City provides the Public Employees' Retirement System retirement formula of 3% at 50. 4. The City provides the PERS Level 4 1959 Survivor Benefit for Miscellaneous and Safety members. 5. The City provides the PERS pre -retirement option settlement 2 death benefit (Section 21548) for Miscellaneous and Safety members. E. Retiree Medical Benefit 1. 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. 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). 23 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) Medical Expense Reimbursement Program Plan (MERP). a. For employees in Category 1. the program is structured as follows: Each employee will have an individual MERP 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 of funds 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): $1.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31st of the prior year). Effective January 2008, this contribution will increase to $2.50 per month. 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, 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. 24 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 MERP, 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%). 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 MERP 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. Part A contributions begin upon enrollment in the program and are credited to each MERP 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- 25 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 MERP 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 MERP account at the time of separation. Distributions from MERP 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 MERP 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 MERP 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 CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's MERP account. 26 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 MERP 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 MERP 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 MERP 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 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. 27 Effective July 1, 2006, a MERP 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 NBPEA retirees in this category, the $400 was increased to $450 effective July 1, 2006. The NBPEA 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 NBPEA 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. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1 % of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). F. Tuition Reimbursement NBPEA 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. Maximum tuition reimbursement for sworn personnel shall be $1,000.00 per fiscal year. Maximum tuition reimbursement for non —sworn members shall be $1,400.00 per year. Effective July 1, 2007, the maximum tuition reimbursement for sworn and non-swom employees shall be $1,200 per fiscal year. G. Physical Conditioning Eguioment/Apparel City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $5,000.00 per each calendar year for 28 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. SECTION 5. — Miscellaneous Provisions A. Reductions in Force/Layoffs 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 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; 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 29 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 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 Employee Policy Manual. 30 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 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. 5. Severance Pay Permanent employees who are laid off shall, as of the date of lay—off, receive one week severance pay for each year of continuous service with the City of Newport Beach. 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 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. 1. Substantive Work Schedule Modifications 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. 31 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 due regard to the needs of the employees to make adjustments to their personal schedules and commitments related to the change in work schedules. 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. Seniority 1. Definition and Policy In order to clarify "seniority" practices, the following definition and policy for "seniority" determinations are adopted effective the date of this Agreement. "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: i. 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. ii. 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. 32 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. 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. f. 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 1. Definition 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 Employee Policy Manual, any provision of Resolution No. 7173, or this MOU. 33 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 conceming 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 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 34 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 Police. 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. 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 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 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. 4. General Grievance 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 35 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. E. Pre -Hearing Briefs Each party is entitled to the other party's pre -hearing brief. 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. Re —opener The parties agree to reopen negotiations on a possible retirement plan enhancement for non -sworn employees and custody officer employees after receipt of retirement rates for the period beginning July 2007. Any negotiated change must be cost neutral to the City. Contract Negotiations The parties agree that, if NBPEA submits preliminary requests for changes in wages, fringe benefits and other terms and conditions of employment earlier than 90 days prior to expiration of this MOU (as provided in Section 18. Timetable for Submission of Requests of the Employer -Employee Relations Resolution), the parties will begin negotiations promptly, with the objective of reaching agreement by December 31, 2009. Signatures are on the next page. 36 CI By: Executed this .6 day of F4104+4. A te- f , 2007: NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION By: .-2- �C.--- Eric Peterson Steven Rosans Mayor ATTEST: By: EACH r/ate 7Yi, LaVonne Harkless City Clerk APPROVED AS TO FORM: Robin Clauson, Ci y Attorney 37 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: PREAMBLE 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, 2005 to December 31, 2006 and this tentative agreement has been embodied in this 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. 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'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- 1. 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 January 1, 2005. This MOU shall remain in full force and effect until December 31, 2006, 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. 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. C. Release Time 1. NBPEA members 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; b. to prepare for scheduled meetings between the City and NBPEA during the meet and confer process. c. i. to travel to, and attend scheduled meetings between the City and NBPEA 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. 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, or, prior to adjusting work hours per subsection C.2.a. 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. Any NBPEA 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 NBPEA members the right to engage in the activities described in subsection 1(c) at any time without any reduction to City —provided Release Time or to any Release Time bank created pursuant to subsection C.S. 4. City Grants NBPEA 250 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.) 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 subsection C.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. 6. There is no entitlement to release time for any matter not set forth above. D. Scope 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; 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; 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. k. 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. E. Conclusiveness 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 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. 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 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 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. H. 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, sick out, withholding of services, or lockout activities. 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. 7173 or a successor resolution. SECTION 2. — Compensation A. Salary Salaries shall be subject to the following adjustments: 1. General Adiustments Effective the pay period beginning December 25, 2004, the City shall increase base salary for NBPEA employees by 3%. Effective the pay period beginning December 24, 2005, the City shall increase base salary for the NBPEA employees by 3%. 2. Special Adjustment Effective the pay period beginning December 24, 2005 (concurrent with the implementation of the revised retiree medical benefit as set forth in Section 4E) base salaries shall be increased by 1%. B. Code Seven/Duty Incentive Time 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 -6- 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. C. Overtime 1. 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. 2. Employees shall also be entitled to overtime compensation for hours worked in excess of 2,080 hours in the 12 month period commencing January 1st of each year. These overtime payments shall be offset by Section 1 above. 3. 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. 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 NBPEA 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 is necessary to allow continued use of the Departments altemative/semi-flexible schedule. D. Overtime Compensation - Court 1. Compensation - Employees shall receive either compensatory time or paid time at their discretion. 2. On -Call - Off -duty employees on -call for court who have not been canceled prior to the scheduled standby time, shall, whether extended or not, be compensated at a rate equal to one-half the actual standby time, with a minimum of one hour. 3. Appearance - Off -duty employees who are required to appear in court shall be compensated for the actual time involved. 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. E. 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 MORP is comprised of three levels with progressively higher compensation paid as years of service increase. MORP pay shall be calculated solely on the basis of the members salary, payment for overtime and Scholastic Achievement pay (collectively referred to as "MORP Earnings"). MORP Earnings shall not include any other form of compensation. Effective the first pay period in January 2005, two years in a regular patrol assignment at NBPD shall be equivalent to one year in any specialty assignment. MORP shall commence beginning the first full pay period after the employee qualifies for each Master Officer step. The requirements and compensation of the three levels of MORP are summarized as follows: MASTER OFFICER I Requirements: 1. Minimum service of five (5) years as a sworn 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 in the Newport Beach Police Department (NBPD) or -a- two years in a regular patrol assignment at NBPD. 2080 hours of service as an FTO shall be considered a specialty assignment under the MORP program. 4. Must receive and maintain at least a competent rating on their most recent performance evaluation. Compensation: 5% of the member's MORP Earnings. MASTER OFFICER II Requirements: 1. Minimum service of eight (8) years as a sworn Police Officer. 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 in the NBPD, or have any combination of specialty and equivalent time in regular patrol assignments, or a minimum of five years total service at NBPD. 5. Must receive and maintain at least a competent rating on their most recent performance evaluation. Compensation: 10% of the member's MORP Earnings. MASTER OFFICER III Requirements: 1. Minimum service of ten (10) years as a sworn Police Officer. 2. One full year at the Master II level. 3. Must successfully complete a full year in a third (separate) specialty assignment in the NBPD or have a combination of specialty and equivalent time in a regular patrol assignment, or a minimum of seven years service at NBPD. 4. Must receive and maintain at least a competent rating on their most recent performance evaluation. Compensation: 15% of the members MORP Earnings. For purposes of implementation of the changes effective January 1, 2005, employees shall receive MORP compensation for which they qualify as a result of the changes, regardless of present MORP step. For example, an officer who is currently at MORP Step 1, has one specialty, 10 years of total service and seven years of service at NBPD shall be entitled to compensation at the MORP III level. F. Scholastic Achievement Pav 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 members 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 monthly salary (excluding lump sum MORP payments). 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: Years of Service: 30 Units 60 Units 90 Units BA/BS MA/MS/JD 2 1% 1% 1% 1% 1% 3 1% 2% 3% 5.5% 5.5% 4 1 % 2% 3% 5.5% 6.5% G. 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. -10- H. 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 following hourly rate per shift: Work shift Hours Multiplier per Shift 9 .375 10 .415 12 .5 The following classifications are not eligible for training pay consistent with existing department/division practice. Sr. Community Service Officer Sr. Custody Officer Sr. Animal Control Officer Sr. Police Dispatcher Sr. Crime Scene Investigator (if added) Motor Officer Pay Assigned Motor Officers are responsible for keeping the motorcycle assigned to him/her cleaned and polished at all times. This work shall be performed outside of regularly scheduled work hours; and compensated at the rate of six (6) additional hours overtime per month (six (6) hours at time and one half equals nine (9) hours compensation). J. Canine Officer Employees assigned to work as Canine Officers, (in accordance with individual signed contracts between the employees and department) shall receive additional compensation at the rate of six (6) additional hours of overtime pay per month (six hours of time and a half equals nine (9) hours of compensation). This pay is recognition of the additional hours required of employees assigned to care for a City dog. City and Association mutually agree that the additional six (6) hours pay does represent reasonable compensation for the additional tasks required. No employee shall work more than six (6) hours in performing Canine Officer duties without the express direction of their supervisor. K. Helicopter Pay Employees assigned to work as Helicopter Pilots shall receive additional compensation at the rate of Three Hundred and Fifty ($350.00) Dollars per month in addition to any other compensation received. L. Matron Pay Any female non -sworn employees assigned matron duties shall receive one (1) hour straight time pay for each shift matron duties are performed. M. Minimum Call Back The following shall determine the type of compensation for the overtime worked: a. Court (two hour minimum). b. Call Out - off duty personnel called out for a special assignment (two hour minimum). c. Payment shall not be made for employees required to return to work to correct work errors. d. Call back shall be paid only for hours not contiguous to the employees regular work schedule when they are required to physically return to work. N. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month 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. _12_ O. Certification Pay Unit employees in Mechanic classification shall be eligible for annual certification pay as follows: 1. Smog License - $250.00 2. Fire Mechanic State Level I - $100.00 3. Fire Mechanic State Level 11 - $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 Drivers License, Class A - $100.00 6. Commercial Drivers License, Class B - $75.00 P. Uniform Allowance. The City reports to PERS a uniform allowance amount of $750 per year for sworn officers; $118.56 per year for non-swom personnel. SECTION 3. — Leaves A. Flex Leave 1. Effective the first pay period in January 2005, NBPEA members hired on or after September 1, 1997 shall accrue (prospectively) flex leave at the same rate as members hired prior to September 1, 1997. NBPEA members shall accrue Flex leave at the following rates: Years of Con't. Service: 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Adjusted Accrual Per Pay Period: 5.85 6.46 7.08 7.70 8.31 8.92 9.54 -13- 2. NBPEA and the City acknowledge that employees assigned the 9/81 work schedule accrue one (1) additional hour per pay period in addition to the accrual levels set forth above. 3. The Flex leave program shall be administered as follows: a. 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. b. 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 shall be reduced by any flex leave time advanced during the first six months of employment. c. 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 -14- confirming the illness and the Police Chief determines that the member's failure to notify appropriate departmental personnel was reasonable under the circumstances. d. 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 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. 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 actually working 2088 hours per year shall be credited with two hours holiday pay per quarter worked on the 12 hour schedule. B. Holiday Time NBPEA members shall accrue holiday time at the rate of 96 hours per fiscal year (July 1 through June 30th), and at the rate of 3.7 hours per pay period. -15- Option 1 (Default): Effective July 2005, and unless otherwise irrevocably elected by the employee, holiday compensation shall be paid in cash along with the employee's regular bi-weekly check, and will be reported to PERS as special compensation in addition to the employee's bi-weekly base salary. Option 2: Within 60 days of NBPEA membership or 60 days from the execution of this MOU, NBPEA members may irrevocably elect to have all or any portion of the 3.7 hours of accrued holiday compensation added to the members 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. Leave Pay Off For the term of this agreement, NBPEA members shall receive paymentfor any accrued leave upon termination at the rate of 109% of their base hourly rate. D. Bereavement Leave 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. E. Leave Sellback Twice annually, employees shall have the option of selling back, on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. F. Worker's Compensation Leave 1. Sworn Members -16- 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 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 Califomia, 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. G. Scheduling of Medical Treatment for Industrial lniuries 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 it's representative schedules the appointment. When an employee is temporarily totally 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 appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. _17_ 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 group 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. Effective the pay period beginning December 25, 2004, the City contribution toward the Cafeteria Plan shall be $674. In addition, the City shall contribute the minimum CaIPERS 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. The City and the Newport Police Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. Effective the pay period beginning December 24, 2005, the City's contribution towards the Cafeteria Plan will increase to $724 (plus the minimum CaIPERS participating employer's contribution). NBPEA 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. -18- 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. 5. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or coverages during the term of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. B. Additional Insurance/Programs 1. 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 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 $50 -19- Waiting Period 30 Calendar Days 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. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 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. D. The Retirement Benefit 1. The City shall pay each members required PERS retirement contribution (9% of salary for sworn employees and 7% 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 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. 2. Non -Sworn Members The City has amended its contract with the Public Employees' Retirement System to implement the 2% at 55 Retirement Program. The ongoing cost of this retirement change shall be borne by the City. -20- 3. Sworn Members The City has amended its contract with the Public Employees' Retirement System to implement the 3% at 50 Retirement Program. The on -going cost of this retirement change shall be borne by the City. 4. The City has amended its contract with PERS to provide the Level 4 1959 Survivor Benefit for Miscellaneous and Safety members. 5. Effective July 2005 the City amended its PERS contract to provide the pre -retirement option settlement 2 death benefit (Section 21548). Effective the first pay period of July 2005, the following maximum tuition reimbursements will apply irrespective of hire date. The maximum tuition reimbursement for swom personnel shall be $1,000 per fiscal year. The maximum tuition reimbursement for non -sworn employees shall be $1,400 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 approval. E. Retiree Medical Benefit 1. Prior to December 24, 2005 An employee is eligible for retiree medical benefits under this program after seven years of service to the City of Newport Beach if the employee retires from the City and is a PERS annuitant. This program is inclusive of an employee's right to medical insurance coverage under the CalPERS medical insurance plan and the mandatory minimum of $16 per month employer contribution to said plan on behalf of the annuitant. a. The City has implemented the $400 per month cap for retiree medical insurance premium contributions as agreed to by the City and the Newport Beach Police Employees Association. The City and active employees shall be responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any remaining medical insurance premiums. For NBPEA unit -21- employees, the per month employee deduction for retiree medical insurance shall be $44.07 per month. Subsequent contribution levels shall be set as needed in the month of July per the formula described above. Prior to increasing the deductions for the employee's contribution share, the City shall provide NBPEA with documentation supporting the need for said increase at least 90 days in advance of the effective date of the increase. Upon request, City representatives will meet and consult with NBPEA prior to any increases in employee deduction levels. b. In order to accumulate funds to meet the potential unfunded liability in retiree medical insurance premium payments as projected by the City's actuary and in addition to the contribution in (a) above; each NBPEA unit employee will contribute $10 per month and the City shall contribute $20 per employee per month into an interest bearing trust account. These contributions will be continued until the projected liability is satisfactorily funded (approximately 30 years), or until such time as the City and NBPEA mutually agree to end the funding on behalf of NBPEA members. Accumulated funds from the employee and employer contributions described above shall be held separate from the City's general fund. These funds shall be kept in an interest bearing account and may only be used to pay for unfunded retiree medical insurance premiums not covered by the funds collected under C1 above. In the event the retiree medical insurance program described herein is discontinued, NBPEA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBPEA on the distribution of said funds back to active (not retired/full-time) City employees in the NBPEA unit. The City will provide NBPEA with an annual report certified by the City Finance Director describing the balance, interest earnings, and any expenditures of the trust account described herein. _22_ 2. Effective December 24, 2005 a. Overview A new Defined Contribution Plan will be established to set aside funds for employee medical expenses during retirement. This plan will replace the existing Defined Benefit Plan ("old plan"), which will be phased out. The plan will be a Medical Expense Reimbursement Plan ("MERP") funded through an Integral Part Trust (IPT). b. Structure Each employee will have an individual MERP account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after retirement. 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 of funds 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. i. Part A contributions (mandatory employee): 1% of Salary. ii. Part B contributions (employer for employees fully converting to new plan): $1.50 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). iii. Part C contributions (leave settlement as determined by Association): No later than November 30, 2005, 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, except that Safety members and Non -safety members 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. The computation of the -23- cash equivalent for leave hours to be included in the MERP will be the same as the computation used when leave is "cashed out" for other reasons. However, individual employees must not have the option of receiving compensation for the value of the same leave hours in the form of cash. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City would have the cash equivalent of 50% of whatever balance is in his or herleave account added to the MERP, on a pre-tax basis. The remaining 50% would be paid in cash as taxable income. Again, individual employees would not have the option to deviate from this breakout. If the Association decides to participate in Part C contributions, at any level, its members will not have the right to voluntarily convert leave to cash for one full year prior to retirement, other than "spillover" of amounts above the maximum accumulation balance. However, taking leave for time off purposes would not be constrained. Sick leave balances may also be included in the MERP, 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 `bashed 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. Part A contributions begin upon enrollment in the program and are credited to each MERP Employee Account each pay period. Eligibility for Part B contributions is set at five years of 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, -24- contributions are made monthly. Part C deposits, if any, will be made at the time of employment termination. 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 retirement. 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 MERP Employee Account. An employee who leaves City employment within the first five years will not be entitled to any Part B contributions. Distributions from MERP Employee Accounts are restricted to use for health insurance and medical care expenses after retirement, 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 MERP 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 MERP 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 CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's MERP account. -25- c. Employee Participation i. New Employees Participation in the new plan is mandatory from the onset of employment. New employees will make no contributions to the old plan. ii. Conversion Threshold for Current Employees Sworn Members: Members whose age plus years of service equal 45 or less at the time of implementation must convert to the new plan. Those with age plus years of service of 46 or more have the option of fully converting or remaining in the old plan with modified participation in the new plan. Non -Sworn Members: Members whose age plus years of service equal 49 or less at the time of implementation must convert to the new plan. Those with age plus years of service of 50 or more have the option of fully converting or remaining in the old plan with modified participation in the new plan. iii. Current Employees Fully Converting to New Plan 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 IPT accounts that equates to $100 per month for every month they contributed to the current plan, to a maximum of 15 years (180 months). This contribution will be made at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. Employees in this category will make no further contributions to the existing plan, and will no longer participate in it. iv. Current Employees Remaining on Old Plan Employees in this category will contribute a flat $100 per month to the old plan for the duration of their employment. The maximum benefit provided by the old plan at retirement is $4800.00 per year, accruing at the current rate of $400.00 per month. City share of each retiree's cost -26- may be used for anything authorized for the IPT program, rather than just for Insurance Premiums for one of the City plans. There is no cash out option for these funds Employees remaining on the old plan will also participate in the IPT program, with Part A contributions being mandatory; no Part B contributions; and Part C contributions if applicable. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the old plan prior to the date of implementation of the new program, up to a maximum of 15 years (180 months). This contribution will be made to the IPT account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. d. Retroactivity Limited retroactivity is provided for employees who retired from the City during the period covered by the contract in which this new program is implemented, but before the program is implemented. For those employees who retired under the old program during this period, the provision for increased flexibility in the use of the $4800.00 maximum (accruing at $400 per month) benefit will apply. In addition, a MERP account will be opened for each employee in this category, and a contribution of $75 per month for each month of prior contribution to the old plan will be deposited by the City. No other provisions of the new program are applicable to employees in this category, and no provisions of the program are applicable to any other existing retirees. e. Administration A vendor will be selected by the City to administer the MERP. 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. _27_ The City's Deferred Compensation Committee will have the authority to determine investment options that will be available through the plan. f. Value of Benefit For all purposes, the MERP shall be valued at 1 % of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). F. Tuition Reimbursement NBPEA 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. Maximum tuition reimbursement for sworn personnel shall be $885.00 per fiscal year. Maximum tuition reimbursement for non —sworn members shall be $2,213.00 per year. 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 $1,000 per fiscal year. Effective the first pay period of July 2005, the following maximum tuition reimbursements will apply irrespective of hire date. The maximum tuition reimbursement for sworn employees shall be $1,000 per fiscal year, and the maximum tuition reimbursement for non -sworn employees shall be $1,400 per fiscal year. G. Physical Conditioning Equipment/Apparel 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. 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 _28_ 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 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; 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. -29- 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 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 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 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 -30- 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. 5. Severance Pay Permanent employees who are laid off shall, as of the date of lay—off, receive one week severance pay for each year of continuous service with the City of Newport Beach. 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 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. 1. Substantive Work Schedule Modifications 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. 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 due regard to the needs of the employees to make adjustments to their personal schedules and commitments related to the change in work schedules. 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. -31- C. Seniority 1. Definition and Policy In order to clarify "seniority" practices, the following definition and policy for "seniority" determinations are adopted effective the date of this Agreement. "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: i. 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. ii. 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. 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. f. 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 -32- 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 1. Definition 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 Employee Policy Manual, any provision of Resolution No. 7173, 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. -33- 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 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 Police. 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 -34- 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. 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 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 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. 4. General Grievance 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. E. Pre -Hearing Briefs Each party is entitled to the other party's pre -hearing brief. 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 -35- 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. Re —opener The parties agree to reopen negotiations on a possible retirement plan enhancement for non-swom employees after receipt of retirement rates for the period beginning July 2006. Any negotiated change must be cost neutral to the City. Contract Negotiations The parties agree that, if NBPEA submits preliminary requests for changes in wages, fringe benefits and other terms and conditions of employment earlier than 90 days prior to expiration of this MOU (as provided in Section 18. Timetable for Submission of Requests of the Employer -Employee Relations Resolution), the parties will begin negotiations promptly, with the objective of reaching agreement by December 31, 2006. Executed this 11 day of Sep Oer , 2005: NEWPORT BEACH P ICE EMPLOYEES ASSOCIATION By: By: V Vlad Anderson -36- CITY OF NEWPORT BEACH By: John Heff Mayor ATTEST: By: 4trtiwg/t LaVonne Harkless City Clerk APPROV_ D AS TO FORM: Clauson, City Attorney -37- 1/2 • 2\O6[O MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION January 1, 2001 through December 31, 2004 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION TABLE OF CONTENTS Preamble Section 1. General Provisions Recognition 1 Duration of Memorandum 2 Scope 2 Release Time 2 Bulletin Boards 5 No Strike 5 Conclusiveness 5 Modifications 6 Savings 6 Impasse 6 Section 2. Direct Wage Payments WAGES Salary 6 Retirement Benefits 7 Code Seven/Duty Incentive Time 8 Overtime 8 Master Police Officer Recognition Program 9 Training Pay 12 Motor Officer Pay 12 Canine Officer 13 Helicopter Pay 13 Matron Pay 13 Minimum Call Back 13 Overtime Compensation - Court 14 Bilingual Pay 14 Certification Pay 14 PAY FOR TIME NOT WORKED Flex Leave 15 Bereavement Leave 18 Holiday Time 18 Leave Pay Off 19 Worker's Compensation Leave 19 • • Section 3. Fringe Benefits INSURANCE Health Insurance 20 Information Committee 20 Retiree Medical Insurance 21 Changes in Insurance Carriers and Coverages 22 Disability Insurance 23 Tuition Reimbursement 23 Section 125 Plan 24 Employee Assistance Plan 24 Scholastic Achievement Pay 24 Non-Swom Personnel Shift Differential 25 Physical Conditioning Equipment/Apparel 25 Scheduling of Medical Treatment for Industrial Injuries 25 Section 4. Miscellaneous Work Schedules 26 Seniority 27 Reductions in Force/Layoffs 27 Grievance Procedure 30 Use of Tobacco Products 32 Pre -Hearing Briefs 33 Direct Deposit 33 Re -Opener 33 Final 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: PREAMBLE 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, 2001 to December 31, 2004 and this tentative agreement has been embodied in this 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. 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'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 ordinance, resolution or action of the City Council necessary effective remain in 2004, and after the event the successor to implement this MOU shall be considered as of January 1, 2001. This MOU shall full force and effect until December 31, the provisions of this MOU shall continue date of expiration of this MOU in the parties are meeting and conferring on a MOU. 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. C. Scope 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: the determination of the purposes and functions of the Police Department; the establishment of standards of service; to assign work to employees as deemed appropriate; the direction and supervision of its employees; the discipline of employees; the power to relieve employees from duty for lack of work or other legitimate reasons; 2 (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. D. Release Time 1. NBPEA members 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; (b) to prepare for scheduled meetings between the City and NBPEA during the meet and confer process. (c) (i) to travel to, and attend scheduled meetings between the City and NBPEA 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 (c)(ii) above. 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, or, prior to adjusting work hours per 2(a). 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) Any NBPEA negotiating team member may request and shall (subject to the approval process above) be granted a 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 NBPEA members the right to engage in the activities described in subsection 1(c) 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 250 hours of Release Time per calendar year to engage in the activities described in subsection (1)(a) and (1)(b). (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. 6. There is no entitlement to release time for any matter not set forth above. E. 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 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 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, sick out, 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 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 or the SMOU. • • 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 and SMOU may not be modified through the impact negotiations process; except by mutual agreement. H. 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. 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. 7173 or a successor resolution. SECTION 2. - Direct Wage Payments A. Wages 1. Salarv.The salaries specified in Exhibit "B", shall be subject to the following adjustments: (a) General Adjustments Effective the first pay period in January, 2001, the City shall increase base salary for NBPEA personnel by 4.5%. Effective the first pay period in January, 2002, the City shall increase base salary for the NBPEA employees by 4.0%. Effective the first pay period in January, 2003, the City shall increase base salary for 6 all Non -Sworn NBPEA employees by 4.0%. Effective 2003, the all Sworn Effective 2004, the the NBPEA the first pay period in January, City shall increase base salary for NBPEA employees by 2.0%. the first pay period in January, City shall increase base salary for employees by 4.0%. (b) Special Adiustments In addition to the general adjustments set forth above, the following market adjustments shall be provided: Effective the first pay period in January, 2001, the City shall increase base salary for Crime Scene Investigator by 4.0% and Community Service Officer by 2.0% and Sr. Community Service Officer by 2.0%.. Effective the first pay period in January, 2002, the City shall increase base salary for Crime Scene Investigator by 2.0% and Community Service Officer by 1.0% and Sr. Community Service Officer by 2.0%. (c) The Association shall have the right to reopen negotiations on the general increase scheduled for January, 2004 if the Consumer Price Index for Los Angeles - Riverside - Orange County All Urban Consumer increases by more than six (6.0%) percent for the twelve (12) months ending July, 2003. The City shall have the right to reopen if the Index increases by less than three (3%) percent. 2. Retirement Benefits (a) The City shall pay each member's required PERS retirement contribution (9% of salary for sworn employees and 7% 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 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. (b) 1959 Survivor Benefit 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. (c) Non -Sworn Members The City has amended its contract with the Public Employees' Retirement System to implement the 2% at 55 Retirement Program. The ongoing cost of this retirement change shall be borne by the City. (d) Sworn Members The City has amended its contract with the Public Employees' Retirement System to implement the 3% at 55 Retirement Program. The ongoing cost of this retirement change shall be borne by the City. The City of Newport Beach will, no later than December 1, 2002, amend its contract with the Public Employees Retirement System to implement the 3% at 50 Retirement Program. The on -going cost of this retirement change shall be borne by the City. 3. Code Seven/Duty Incentive Time 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. 4. Overtime (i) Employees shall be entitled to overtime 8 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) Employees shall also be entitled to overtime compensation for hours worked in excess of 2,080 hours in the 12 month period commencing January 1st of each year. These overtime payments shall be offset by Section (i) above. (iii)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. (iv) 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. (v) Should the employees work an additional shift in subsequent leap years compensation shall be paid at the appropriate rate of overtime pay. (vi) The City and NBPEA agree to jointly petition the NLRB to grant 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 is necessary to allow continued use of the Departments alternative/semi-flexible schedule. 5. 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 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. Effective the first pay period in January 2000, the City converted MORP to steps of the salary plan. MORP shall commence beginning the first full pay period after the employee qualifies for each Master Officer step. The requirements and compensation of the three levels of MORP are summarized as follows: MASTER OFFICER I Requirements: 1) Minimum service of five (5) years as a sworn 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 in the Newport Beach Police Department. Effective immediately, 2080 hours of service as an FTO shall be considered a specialty assignment under the MORP program. 4) Must receive and maintain at least a competent rating on their most recent performance evaluation. 5) Must have returned from specialty assignment in the Newport Beach Police Department to Patrol prior to Master Officer II status. Compensation:5% of the member's MORP Earnings during the previous calendar year. 10 • • MASTER OFFICER II Requirements: 1) Minimum service of eight (8) years as a sworn Police Officer. 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 in the Newport Beach Police Department. 5) Must receive and maintain at least a competent rating on their most recent performance evaluation. 6) Must have returned from the specialty assignment to Patrol prior to Master Officer III status. Compensation: 10% of the member's MORP. MASTER OFFICER III Requirements: 1) Minimum service of ten (10) years as a sworn Police Officer. 2) One full year at the Master II level. 3) Must successfully complete a full year in a third (separate) specialty assignment in the Newport Beach Police Department. 4) Must receive and maintain at least a competent rating on their most recent performance evaluation. 5) 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 if assigned to uniformed Patrol or a uniformed Traffic field assignment. Uniformed 11 Traffic field assignments are Motorcycle Enforcement Officer and Accident Investigation Officer. 12.5% of the member's MORP Earnings if not assigned to uniformed Patrol or a uniformed Traffic field assignment. 15% of the member's MORP Earnings 15 years service with the Newport Beach Police Department regardless of assignment. 6. Training Pav 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 following hourly rate per shift: Work shift Hours Multiplier per Shift 9 .375 10 .415 12 .5 The following classifications are not eligible for training pay consistent with existing department/division practice. Sr. Community Service Officer Sr. Custody Officer Sr. Animal Control Officer Sr. Police Dispatcher Sr. Crime Scene Investigator (if added) 7. Motor Officer Pay Assigned Motor Officers are responsible for keeping the motorcycle assigned to him/her cleaned and polished at all times. This work shall be performed outside of regularly scheduled work hours; and compensated at the rate of six (6) 12 additional hours overtime per month (six (6) hours at time and one half equals nine (9) hours compensation). 8. Canine Officer Employees assigned to work as Canine Officers, (in accordance with individual signed contracts between the employees and department) shall receive additional compensation at the rate of six (6) additional hours of overtime pay per month (six hours of time and a half equals nine (9) hours of compensation). This pay is recognition of the additional hours required of employees assigned to care for a City dog. City and Association mutually agree that the additional six (6) hours pay does represent reasonable compensation for the additional tasks required. No employee shall work more than six (6) hours in performing Canine Officer duties without the express direction of their supervisor. 9. Helicopter Pay Employees assigned to work as Helicopter Pilots shall receive additional compensation at the rate of Three Hundred and Fifty ($350.00) Dollars per month in addition to any other compensation received. 10. Matron Pay Any female non -sworn employees assigned matron duties shall receive one (1) hour straight time pay for each shift matron duties are performed. 11. Minimum Call Back The following shall determine the type of compensation for the overtime worked: a. Court (two hour minimum) b. Call Out - off duty personnel called out for a special assignment (two hour minimum). c. Payment shall not be made for employees required to return to work to correct work errors. d. Call back shall be paid only for hours not contiguous to the employees regular work 13 schedule when they are required to physically return to work. 12. Overtime Compensation - Court Compensation - Employees shall receive either compensatory time or paid time at their discretion. On -Call - Off -duty employees on -call for court who have not been canceled prior to the scheduled standby time, shall, whether extended or not, be compensated at a rate equal to one-half the actual standby time, with a minimum of one hour. Appearance - Off -duty employees who are required to appear in court shall be compensated for the actual time involved. 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. 13. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month 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. 14. Certification Pay Unit employees in Mechanic classification shall be eligible for annual certification pay as follows: 1. 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 14 certification. 5. Commercial Drivers License, Class A - $100.00 6. Commercial Drivers License, Class B - $75.00 B. Pay for 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 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 5.85 6.46 7.08 7.70 8.31 8.92 9.54 (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: Years of Service Accrual Rate Per Pay Period 1 but less than 5 5 but less than 10 10 but less than 16 16 but less than 20 20 but less than 25 25 and over 4.23 5.15 6.07 8.31 8.92 9.54 (c) NBPEA and the City acknowledge that employees assigned the 9/81 work schedule accrue one (1) additional hour per pay period in addition to the accrual levels set forth above. (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, 15 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 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 16 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 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 maybe 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 17 ratification of this MOU. (viii)Employees actually working 2088 hours per year shall be credited with two hours holiday pay per quarter worked on the 12 hour schedule. (e) Effective January, 2001, any unit employees remaining in the vacation/sick leave program shall be converted to the Flex Leave Program. The conversion shall be handled by the method set forth in Section 2B(d)(iii). 2. Bereavement Leave 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. 3. Holiday Time NBPEA members shall accrue holiday time at the rate 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 (c) receive pay for holiday time as specified in this Section. An election to receive holiday compensation as pay shall be made on a one time irrevocable basis in accordance with PERS regulations no later than April 30, 2001. Only holiday pay irrevocably elected is "PERSable". NBPEA members who have not irrevocably elected to receive holiday compensation as pay and have not used all holiday time accrued during any fiscal year shall, during the month of May, elect either to convert unused holiday time to flex leave or to be paid for unused holiday time at their same hourly rate of pay" in effect on June 30th. 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 the unused holiday time shall be paid as provided for 18 II I in this section. Employees who have irrevocably elected to receive holiday time as pay shall receive pay for holiday time at their same hourly rate of pay in effect on June 30th. NBPEA members will receive holiday pay in their paycheck on the first pay period in July. 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. 4. Leave Pay Off For the term of this agreement, NBPEA members shall receive payment for any accrued leave upon termination at the rate of 109% of their base hourly rate. 5. Worker's Compensation Leave (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 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. 19 • • SECTION 3. - Fringe Benefits A. Insurance 1. Health Insurance The City has implemented an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $384. In addition, the City shall contribute a total of $16 towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurances/programs. The City and the Newport Beach Police Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules during regular open enrollment periods. Effective January, 2001, the City's contribution towards the Cafeteria Plan will increase to $434, (plus the $16 medical contribution). Effective January, 2002, the City's contribution towards the Cafeteria Plan will increase to $484 (plus the $16 medical contribution). Effective January, 2003, the City's contribution towards the Cafeteria Plan will increase to $534 (plus the $16 medical contribution). Effective January, 2004, the City's contribution towards the Cafeteria Plan will increase to $559 (plus the $16 medical contribution). Effective upon the ratification of this agreement, NBPEA members who do not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute an agreement releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. 2. Information Committee City has established a Medical/Dental Information Committee composed of one representative from each 20 I f 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. 3. Retiree Medical Insurance An employee is eligible for retiree medical benefits under this program after seven years of service to the City of Newport Beach if the employee retires from the City and is a PERS annuitant. This program is inclusive of an employee's right to medical insurance coverage under the CalPERS medical insurance plan and the mandatory minimum of $16 per month employer contribution to said plan on behalf of the annuitant. (a) The City has implemented the $400 per month cap for retiree medical insurance premium contributions as agreed to by the City and the Newport Beach Police Employees Association. The City and active employees shall be responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any remaining medical insurance premiums. For NBPEA unit employees, the per month employee deduction for retiree medical insurance shall be $27.47 per month. Subsequent contribution levels shall be set as needed in the month of July per the formula described above. Prior to increasing the deductions for the employee's contribution share, the City shall provide NBPEA with documentation supporting the need for said increase at least 90 days in advance of the effective date of the increase. Upon request, City representatives will meet and consult with NBPEA prior to any increases in employee deduction levels. 21 (b) In order to accumulate funds to meet the potential unfunded liability in retiree medical insurance premium payments as projected by the City's actuary and in addition to the contribution in (a) above; each NBPEA unit employee will contribute $10 per month and the City shall contribute $20 per employee per month into an interest bearing trust account. These contributions will be continued until the projected liability is satisfactorily funded (approximately 30 years), or until such time as the City and NBPEA mutually agree to end the funding on behalf of NBPEA members. Accumulated funds from the employee and employer contributions described above shall be held separate from the City's general fund. These funds shall be kept in an interest bearing account and may only be used to pay for unfunded retiree medical insurance premiums not covered by the funds collected under Cl above. In the event the retiree medical insurance program described herein is discontinued, NBPEA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBPEA on the distribution of said funds back to active (not retired/full-time) City employees in the NBPEA unit. The City will provide report certified by the describing the balance, any expenditures of described herein. NBPEA with an annual City Finance Director interest earnings, and the trust account (c) The City agrees to meet and confer with NBPEA upon request with regards to alternative programs and/or funding methods for retiree medical insurance premiums for NBPEA members. This will include but not be limited to IRS 401-A plans and/or NBPEA sponsored variable and universal annuity type plans for individual members. 4. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or 22 coverages during the term of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. B. Disability Insurance The City shall provide disability insurance with the following provisions: Weekly Benefit 66 2/3% gross weekly wages Maximum Benefit (mo.) $8,000 Minimum Benefit $50 Waiting Period 30 Calendar Days 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. Employees shall assume responsibility for the payment of the disability insurance. Concurrent with implementation of the new disability insurance program, the industrial accident leave policy of the City (Section 8.03.2.1 Personnel Rules) has been eliminated. C. Tuition Reimbursement 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 (100%) 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 fiscal 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 23 • • for tuition reimbursement require the approval of the Chief of Police and the Administrative Services Director. D. Section 125 Plan 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 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. E. Employee Assistance Program 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 24 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 monthly salary (excluding lump sum MORP payments). 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: Years of Service: 30 Units: 60 Units: 90 Units: BA/BS: MA/MS/JD: 2 1% 1% 1% 1% 1% 3 1% 2% 3% 5.5% 5.5% 4 1% 2% 3% 5.5% 6.5% G. 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. H. Physical Conditioning Equipment/Apparel 1. 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. I. Scheduling of Medical Treatment for Industrial Iniuries 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 it's representative schedules the appointment. When an employee is temporarily totally 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 25 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 appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. SECTION 4. - Miscellaneous Provisions A. 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 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. 1. Substantive Work Schedule Modifications 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. 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 due regard to the needs of the employees to make adjustments to their personal schedules and commitments related to the change in work schedules. 26 • 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 deviate from the prior seniority criteria to the extent necessary to meet operational or safety needs. C. Reductions in Force/Layoffs 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 27 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: (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. 28 I is (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 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. 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 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. 29 • • 5. Severance Pay Permanent employees who are laid off shall, as of the date of lay-off, receive one week severance pay for each year of continuous service with the City of Newport Beach. D. Grievance Procedure 1. Definition 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. 30 t.., 3. Procedure for NBPEA Members Step 1 - The employee shall orally present the grievance 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 Police. 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 31 provide the employee with a written decision on the appeal within ten (10) working days after the meeting. Sten 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. 4. General Grievance 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. D. 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 32 . 4 f considered a violation of this policy. E. Pre -Hearing Briefs The City will amend its rules regarding administrative hearings to clarify that each party is entitled to the other party's pre -hearing brief. F. Direct Deposit All Unit employees shall participate in the City's Direct Deposit Program. G. Re -opener 1. The parties agree to reopen the meet and confer process during the term of this agreement at the request of management on the subject of a physical fitness program. 2. The parties agree to reopen the meet and confer process during the term of this agreement if the Fire Dispatch function is assigned to Police Department Dispatchers. 3. The parties agree to reopen the meet and confer process during the term of this agreement if other, non -sworn City employees, are granted Educational Incentive Pay. Executed this / day of NEWPORT By:: By: Cary CITY OF NEWPORT BEACH By : a �... 1..{.�� Garold B. Adams Mayor By: QI anti /' 1 %itr46 C,-+9 LaVonne Harkless City Clerk , 2000: LICE EMPLOYEES ASSOCIATION 33 4 v APPD AS TO FORM: Burnham, City Attorney 34 • SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This supplemental Memorandum of Understanding amends the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Police Employees Association dated January 1, 1999 through December 31, 2000. Except as modified by this supplemental MOU, all the provisions of the Memorandum of Understanding between the City and the Newport Beach Police Employees Association remain unchanged. The City and the Newport Beach Police Employees Association agree as follows: A. RETIREMENT 1. Non -Sworn - The City has amended its contract with the Public Employees' Retirement System to implement the 2% at 55 Retirement Program. The program was implemented July 12, 2000. The ongoing cost of this retirement change shall be borne by the City. 2. Sworn - The City will immediately commence the process of amending its contract with the Public Employees' Retirement System to implement the 3% at 55 Retirement Program. The program will be implemented September 1, 2000; or as soon thereafter as possible. The ongoing cost of this retirement change shall be borne by the City. B. CAFETERIA PLAN Effective October, 2000, or as soon as possible thereafter, the City shall implement an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $384. In addition, the City shall contribute a total of $16 towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical,dental and vision insurances/programs. The City and the Newport Beach Police Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules during regular open enrollment, periods. C. DIRECT DEPOSIT Effective immediately, all unit employees shall participate in the direct deposit program. D. RETIREE MEDICAL PROGRAM An employee is eligible for retiree medical benefits under this program after seven years of service to the City of Newport Beach if the employee retires from the City and is a PERS annuitant. This program is inclusive of an employee's right to medical insurance NBPEA Supplemental Page 2 coverage under the Ca1PERS medical insurance plan and the mandatory minimum of $16 per month employer contribution to said plan on behalf of the annuitant. 1. Effective immediately, the City shall implement the $400 per month cap for retiree medical insurance premium contributions as provided for in Section 3, A (5) of the Memorandum of Understanding between the City and the Newport Beach Police Employees Association. The City and active employees shall be responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any remaining medical insurance premiums Concurrent with implementation of the 2% at 55 PERS upgrade and the Cafeteria Plan, for NBPEA unit employees, the current $15.12 per month employee deduction for retiree medical insurance shall be increased to $27.47 per month. Subsequent contribution levels shall be set as needed in the month of July per the formula described above. Prior to increasing the deductions for the employee's contribution share, the City shall provide NBPEA with documentation supporting the need for said increase at least 90 days in advance of the effective date of the increase. Upon request, City representatives will meet and consult with NBPEA prior to any increases in employee deduction levels. 2. In order to accumulate funds to meet the potential unfunded liability in retiree medical insurance premium payments as projected by the City's actuary and in addition to the contribution in Dl above; effective August, 2000, each NBPEA unit employee will contribute $10 per month and the City shall contribute $20 per employee per month into an interest bearing trust account. These contributions will be continued until the projected liability is satisfactorily funded (approximately 30 years), or until such time as the City and NBPEA mutually agree to end the funding on behalf of NBPEA members. Accumulated funds from the employee and employer contributions described above shall be held separate from the City's general fund. These funds shall be kept in an interest bearing account and may only be used to pay for unfunded retiree medical insurance premiums not covered by the funds collected under C 1 above. In the event the retiree medical insurance program described herein is discontinued, NBPEA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBPEA on the distribution of said funds back to active (not retired/full-time) City employees in the NBPEA unit. The City will provide NBPEA with an annual report certified by the City Finance Director describing the balance, interest earnings, and any expenditures of the trust account described herein. • • • NBPEA Supplemental Page 3 3. The City agrees to meet and confer with NBPEA upon request with regards to alternative programs and/or funding methods for retiree medical insurance premiums for NBPEA members. This will include but not be limited to IRS 401-A plans and/or NBPEA sponsored variable and universal annuity type plans for individual members. E. SMOU LOOKBACK - SWORN EMPLOYEES "Lookback" adjustments due Sworn unit employees effective July, 2000, shall reduced by .13%. The final lookback required under agreements between the City and the Newport Beach Police Employees Association for July, 2001, shall be eliminated. The lookback for non -sworn employees shall not be affected by this section. F. CONTINUING DISCUSSIONS The City and the Newport Beach Police Employees Association agree to continue discussions, in conjunction with other affected employee organizations, on possible implementation of other supplemental and/or individual retiree medical insurance accounts. Except as provided herein, the Memorandum of Understanding between the City and the Newport Beach Police Employees Association remains in full force and effect. This supplemental Memorandum of Understanding shall be incorporated into the Memorandum of Understanding between the City and Association for the contract period beginning January 1, 2001. FOR THE CITY OF NEWPORT BEACH MAYO r ITY ATTORNEY ATTEST: J�iJ/ (l9-n ti. /hd&11. CITY CLERK FOR THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION `.� Q tii AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION The following reflects agreed upon language changes (strikeout/bold) to the last three sentences in section B 3, titled "Holiday Time": Employees who have irrevocably elected to receive pay for holiday time as pay shall receive pay for holiday time at their same hourly rate of pay in effect on-dune-38' during the last pay period in August. NBPEA members will receive holiday pay in their paycheck on the first last pay period in July 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. teve Martinez, President NBPEA Dennis Danner Administrative Services Director Date: 03/Q,8 `D / Date: b 3 - 027 — 0/ Final 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: PREAMBLE 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, 1999 to December 31, 2000 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 Supplemental Memorandum of Understanding executed in 1997 (and modified in 1999), 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. 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'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. 1 • • Final B. Duration of Memorandum. 1. 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 January 1, 1999. This MOU shall remain in full force and effect until December 31, 2000, 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. 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. C. Scope. 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; 2 Final (e) the discipline of employees; (f) the power torelieve 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; (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. D. Release Time. 1. NBPEA members shall be allowed to participate in the following activities and receive full pay ("Release Time"): (a) attendance at off -site meetings, conferences, seminars or workshops related to matters within the scope of representation; (b) to prepare for scheduled meetings between the City and NBPEA during the meet and confer process. (c) to travel to, and attend scheduled meetings between the City and NBPEA during the meet and confer process. 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 • • Final 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 designateto 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(c) 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 250 hours of Release Time per calendar year to engage in the activities described in subsection (1)(a) and (1)(b). (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. 6. There is no entitlement to release time for • • Final any matter not set forth above. E. 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 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 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, sick out, 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 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 or the SMOU. 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 and SMOU may not be modified through the impact negotiations process; except by mutual agreement. 5 • • Final H. 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. 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. 7173 or a successor resolution. SECTION 2. - Direct Wage Payments. A. Internal Relationships 1. Salary/Total Compensation Adiustments. The salaries specified in Exhibit "B", or total compensation, as appropriate, shall be subject to the following guaranteed adjustments: (a) ,Salary Adiustments. 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. These internal relationships have been computed in terms of numbers which, when multiplied by the salary paid to the benchmark position, represent the salary paid to members of NBPEA. The multipliers for each step of each classification represented by NBPEA are shown on the matrix attached as Exhibit "B." The salaries of all NBPEA members shall, during the term of this MOU, be subject to the following guaranteed adjustments: (i) Effective the first pay period in 6 • Final January, 1999, the City shall increase base salary for NBPEA personnel by 2.5%. Effective the first pay period in January, 2000, the City shall increase base salary for the NBPEA employees by 2.5%. (b) Subsecuent Adiustments Additional increases (if due) shall be made in July of each year of this agreement pursuant to the Supplemental Memorandum of Understanding between the City and NBPEA executed in 1997 (and modified in 1999). The relationship to the survey agencies shall be the average of the top five Orange County Police Agencies plus 0.2% which is a change from the previous relationship pursuant to the 1% salary increase granted as an offset to unit employees paying the 1% premium for long term disability insurance. 2. Retirement Benefits. (a) The City shall pay each member's required PERS retirement contribution (9% of salary for sworn employees and 7% 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 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. In the event any changes to the PERS 2% @ 50 formula are enacted by the State of California or PERS during the term of this MOU requiring meeting and conferring for implementation, the parties agree to reopen the meet and confer process on said subject. In the event the City agrees to implement the 2% @ 55 formula for other bargaining units during the term of this MOU, the City and NBPEA agree to reopen the meet and confer process to discuss the implementation of 2% @ 55 PERS. • • Final (b) 1959 Survi or Benefit 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. 3. Code Seven/Duty Incentive Time. 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. 4. 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) Employees shall also be entitled to overtime compensation for hours worked in excess of 2,080 hours in the 12 month period commencing January 1st of each year. These overtime payments shall be offset by Section (i) above. (iii)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. (iv) The Police Department has the discretion to schedule any of its employees to work a regular work day on July 4th, regardless of 8 • Final 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. (v) 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. (vi) Should the employees work an additionalshift and subsequentlyleap years compensation shall be paid at the appropriate rate of pay pursuant to this section. (vii)The City and NBPEA agree to jointly petition the NLRB to grant 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 is necessary to allow continued use of the Departments alternative/semi-flexible schedule. 5. 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 • • Final year, but eligibility for MORP pay is determined based on the member's assignment as of November 30th of the previous calendar year. MORP 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 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. Effective the first pay period in January 2000, the City shall convert MORP to steps of the salary plan. The requirements and compensation of the three levels of MORP are summarized as follows: MASTER OFFICER I Requirements: 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. Effective immediately, 2080 hours of service as an FTO shall be considered a specialty assignment under the MORP program. 10 • • Final 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. 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 Requirements: 1) Minimum service of ten (10) years as a sworn Newport Beach Police Officer. 11 • Final 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 field assignment. Uniformed Traffic field assignments are Motorcycle Enforcement Officer and Accident Investigation Officer. 12.5% of the member's MORP 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. 12 Final 6. 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 will be compensated for each shift worked as an FTO with a trainee at the following hourly rate per shift: Work shift Hours Multiplier per Shift 9 .375 10 .415 12 .5 From July 1, 1999 until 12/31/00, the following classifications will receive training pay consistent with existing department/division practice. Sr. Community Service Officer Sr. Custody Officer Sr. Animal Control Officer Sr. Police Dispatcher On 12/31/00 training pay will end. Prior to the elimination of training pay for these classifications, the City will conduct a salary differential study to determine if the salary levels of these classifications are high enough above their highest paid subordinates based on studies and responsibilities. The results of the study and the appropriate salary differentials will be reviewed during the MOU meet and confer process in the fall of 2000 prior to the 12/31/00 effective date if so requested by NBPEA. 7. Motor Officer Pay Assigned Motor Officers are responsible for keeping the motorcycle assigned to him/her cleaned and polished at all times. This work shall be performed outside of regularly scheduled work hours; and compensated at the rate of six (6) 13 • • Final additional hours overtime per month (six (6) hours at time and one half equals nine (9) hours compensation). 8. Canine Officer Employees assigned to work as Canine Officers, (in accordance with individual signed contracts between the employees and department) shall receive additional compensation at the rate of six (6) additional hours of overtime pay per month (six hours of time and a half equals nine (9) hours of compensation). This pay is recognition of the additional hours required of employees assigned to care for a City dog. City and Association mutually agree that the additional six (6) hours pay does represent reasonable compensation for the additional tasks required. No employee shall work more than six (6) hours in performing Canine Officer duties without the express direction of their supervisor. 9. Minimum Call Back The following shall determine the type of compensation for the overtime worked: a. Court (two hour minimum) b. Call Out - off duty personnel called out for a special assignment (two hour minimum). c. Payment shall not be made for employees required to return to work to correct work errors. d. Call back shall be paid'only for hours not contiguous to the employees regular work schedule when they are required to physically return to work. 10. Overtime Compensation - Court Compensation - Employees shall receive either compensatory time or paid time at their discretion. On -Call - Off -duty employees on -call for court who have not been canceled prior to the scheduled standby time, shall, whether extended or not, be compensated at a rate equal to one-half the actual standby time, with a minimum of one hour. 14 • • Final Appearance - Off -duty employees who are required to appear in court shall be compensated for the actual time involved. 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. 11. Bilingual Pay Effective the first pay period in July, 1999, employees certified as bilingual (Spanish) shall be eligible to receive One Hundred ($100) Dollars per month in bilingual pay. The City will, in consultation with the Association, establish a certification process which will confirm that employees are fluent at the street conversational level in speaking, reading and writing Spanish. Employees certified as bilingual under the initial certification process shall receive bilingual pay retroactively to July 1, 1999. Employees subsequently 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. B. Pay for Time Not worked. 1. Flex Leave. (a) Subject to the provisionsof 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 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 6.85 7.46 8.08 8.70 9.31 9.92 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: 15 Years of Service Accrual Rate Per Pay Period 1 but less than 5 5 but less than 10 10 but less than 16 16 but less than 20 20 but less than 25 25 and over 5.23 6.15 7.07 9.31 9.92 10.54 Final (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 16 • • Final employment with the Newport Beach Police Department, provided however, this amount 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 17 Final hourly rate of pay. Effective during the first pay period of January, 1998, NBPEA members who have not utilized at least 80 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. 2. Bereavement Leave 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). 18 • Final Immediate family shall mean father, mother, brother, sister, wife, husband, child, father-in- law, mother-in-law, and grandparents. 3. Holiday Time. NBPEA members shall accrue holiday time at the rate 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. 4. Leave Pay Off For the term of this agreement, NBPEA members shall receive payment for any accrued leave upon termination at the rate of 109% of their base hourly rate. 19 Final 5. Worker's Compensation Leave. (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 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. SECTION 3. - Frinae Benefits. A. Insurance. 1. Health Insurance. The City shall make available to all NBPEA members, their spouses and dependents, the PERS health insurance programs and a second health care plan. The City shall pay the health and dental premiums for each NBPEA member, spouse and dependent, up to a maximum of $400 per month. 20 Final 2. Orthodontia 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 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. 4. Medical Opt Out 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. 5. Retiree Medical Insurance 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. 21 Final (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. 6. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or coverages during theterm of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. B. Disability Insurance - NEW Effective April, 1999, the City shall provide disability insurance with the following provisions: Weekly Benefit gross weekly wages Maximum Benefit (mo.) Minimum Benefit Waiting Period 66 2/3% $5,000 $50 30 Calendar Days 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. Concurrent with the commencement of this program, the employees shall assume responsibility for the payment of the disability insurance cost in the amount of one(1.0%) percent of base salary. Simultaneously, the City shall increase base wages by one (1.0%) percent (Included in the salary calculations pursuant to the SMOU). There will be no increase in the cost of the disability insurance program for the term of this agreement. Concurrent with implementation of the new disability insurance program, the industrial accident leave policy of the City (Section 8.03.2.1 Personnel Rules) shall be eliminated. 22 Final C. Tuition Reimbursement. 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 (100%) 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 fiscal 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 Director. D. Section 125 Plan. 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 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. 23 • ! Final E. Emolovee Assistance Program. 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 monthly salary (excluding lump sum MORP payments). 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: Years of Service: 30 Units: 60 Units: 90 Units: BA/Ba:MA/MS/JD: 2 1% 1% 1% 1% 1% 3 1% 2% 3% 5.5% 5.5% 4 1% 2% 3% 5.5% 6.5% The difference between the previous flat dollar amounts and the percentages set forth above will be paid to (or recovered from)employees retroactive to January 1999. G. Non -sworn Personnel Shift Differential. 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. 24 Final (H) Physical Conditioning Equipment/Apparel. 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $5,000.00 per each calendar year (1999 and 2000) 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. (I) 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 it's representative schedules the appointment. When an employee is temporarily totally 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" appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. SECTION 4. - Miscellaneous Provisions. A. 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. 25 • Final 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. 1. ,Substantive Work Schedule Modifications 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.. 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 due regard to the needs of the employees to make adjustments to their personal schedules and commitments related to the change in work schedules. 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, 26 Final 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. C. 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. 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 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, 27 Final 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 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 28 Final 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. 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 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. 5. Severance Pay. Permanent employees who are laid off shall, as of the date of lay-off, receive one week severance pay for each year of continuous service with the City of Newport Beach. C. Grievance Procedure. 1. Definition. 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. 29 Final 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 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 mare 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 30 Final 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 Police. 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 focuson 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. 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 31 • • Final 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. 4. General Grievance. 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. 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. E. Administrative Inquiries The City will develop a written explanation to employees outlining the nature of administrative inquiries. The administrative inquiry procedure will be utilized only for inquiries which are not expected to result in discipline. F. Re -opener. 1. The parties agree to reopen the meet and confer process during the term of this agreement at the request of management on the subject of a physical fitness program. 2. The parties agree to reopen the meet and confer process during the term of this agreement to discuss possible implementation of a flexible benefits (cafeteria) plan. 32 ' Executed this day of , 1999: NEWPORT 8BACH POLICE EMPLOYEES ASSOCIATION By: Steve Martinez By: John Adams CITY OF NEWPOR3 BEACH By: ATTEST: By: APPROV wi AS TO FORM: H. Burnham, City Attorney Dennis D. b' Neil Mayor 33 Final • �. SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This Supplemental Memorandum of Understanding (SMOU) between the City of Newport Beach 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 puuposes of this SMOU, the terms Modified Total Compensation, Benchmark Position, League Survey and Criteria Salary shall be defined/calculated as specified below: 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 Sheriffs 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 Modified Total monthly Compensation 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 Modified 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. The term Modified Total Compensation shall represent the total of (a) base salary, (b) the value of employee retirement contributions paid by the employer and (c) 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. 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 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 pad 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. ATTEST: By: Executed this day of ,1997: NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION B By: John Adams CITY OF NEWPO BEACH By: Lni LaVonne Harkless, City Clerk APPROVE P AS TO FORM: By: Robert H. Burnham, City Attorney Dennis O'Neil Mayor • EXIiIBIT 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 Pca199.xls 9:39 AM 9i22/99 • POLICE MATRIX (January 2, 1999) - TO BE USED FOR PEA MEM New Position S_atary Safety Non -Safety Pers 9.0000% 7.0000% Health 5425 Total EXHIBIT B BERS Percentage tiourly_Rate Police Officer 1 $3,475 2030 2015 2 $3,649 3 $3,831 4 $4,022 5 $4,222 6 $4,433 7 $4,654 8 $4,887 9 $5,131 10 $5,376 11 55,498 12 55,620 $313 5425 $4,213 71,11% $328 5425 $4,402 74.67% 5345 5425 $4,601 78,40% 5362 5425 $4,809 82.30% 5380 5425 $5,027 86.40% $399 S425 55,257 90.70% 5419 5425 $5,498 95.24% 5440 $425 $5,752 100.00% 5462 5425 56,018 105.00% 5484 5425 56,285 110.00% 5495 $425 S6,418 112.50% S506 $425 56,551 115.00% Police Helicopter Pilot 2031 2025 1 53,831 $345 2 54,022 $362 3 S4,222 $380 4 54,433 $399 5 54,654 $419 6 $4,887 $440 7 55,131 $462 8 $5,376 $484 $425 54,601 $425 54,809 $425 55,027 $425 55,257 5425 S5,498 $425 55,752 5425 $6,018 $425 $6,285 78.40% 82.30% 86.40% 90.70% 95.24% 100.00% 105.00% 110.00% • 1 $4,690 2 $4,925 55,171 $ $5,7 $422 $443 $465 $4 5.986 $539 7 56,285 $566 8 S6,604 $594 $425 $5,537 ° $425 100.77% $6,061 105.81% 56.344 111.11% $6,639 116.66% $6,950 122.49% 128.61 13% 5425 5425 $425 5425 $7,623 Lie 1 55,514 2 $5,790 6,079 4 $6,3 5 $6 $7,038 7 $7,390 8 $7,760 $496 $521 $547 5425 $6,435 ° 5425 118.48% $7,051 124.40% $425 57,382 130.62% 5 $425 $7,755 137.60% S633 $8,096 144.02% $665 $425 151.22% $698 $425 $8,883 1 $6,479 5583 2 $6,803 5612 7,143 5643 4 $7,5 $ 5 $7 57 8,270 $744 7 $8,683 $781 8 $9,117 5821 $425 $7,487 $425 139.21 % $8,211 146.17% $425 58,601 153.48% $425 $9,010 161.16% $9,439 169.22% $425 177.68% $425 $10,363 ° 20.04808 21.05192 22.10192 23.20385 24.35769 25.57500 26.85000 28.19423 29.60192 31.01538 31.71923 32.42308 22.10192 23.20385 24.35769 25.57500 26.85000 28.19423 29.60192 31.01538 27.05769 28.41346 29.83269 31.32692 32.89038 34.53462 36.25962 38.10000 31.81154 33.40385 35.07115 36.82500 38.79808 40.60385 42.63462 44.76923 37.37885 39.24808 41.20962 43.27500 45.43846 47.71154 50.09423 52.59808 Pea199.xls 9:39 AM 9/22/99 • Positi II Safety Non -Safety POLICE MATRIX (January 2, 1999) - TO BE USED FOR PEA MEMBERS NOW Salary Hers Health Total Percentage Hourly Rate 9.0000% 7.0000% $425 SR DISPATCHER 1 $3,240 $227 2210 2200 2 $3,403 $238 3 $3,572 $250 4 $3,750 $263 5 $3,936 $276 6 $4,130 $289 7 $4,335 $303 8 $4,550 $319 $425 $3,892 67.67% $425 $4,066 70.68% $425 $4,247 73.84% $425 $4,438 77.15% $425 $4,636 80.60% $425 $4,844 84.22% $425 $5,063 88.03% $425 $5,294 92.04% DISPATCHER $2,804 $196 2200 2170 2 $2,943 $206 1 3 $3,092 $216 4 $3,243 $227 5 $3,405 $238 6 $3,572 $250 7 $3,750 $263 8 $3,936 $276 $425 $3,425 59.55% $425 $3,574 62.14% $425 $3,733 64.90% $425 $3,895 67.72% $425 $4,068 70.72% $425 $4,247 73.84% $425 $4,438 77.15% $425 $4,636 80.60% SR CUSTODY 1 $3,193 $224 2150 2195 2 $3,354 $235 3 $3,523 $247 4 $3,697 $259 5 $3,775 $264 6 $4,070 $285 7 $4,274 $299 8 $4,486 $314 $425 $3,842 66.80% $425 $4,014 69.79% $425 $4,195 72.93% $425 $4,381 76.16% $425 $4,464 77.60% $425 $4,780 83.11% $425 $4,998 86.89% $425 $5,225 90.83% CUSTODY 2140 1 $2,764 $193 2155 2 $2,901 $203 3 $3,048 $213 4 $3,198 $224 5 $3,354 $235 6 $3,523 $247 7 $3,696 $259 8 $3,880 $272 $425 $3,382 58.79% $425 $3,529 61.35% $425 $3,686 64.08% $425 $3,847 66.88% $425 $4,014 69.79% $425 $4,195 72.93% $425 $4,380 76.15% $425 $4,577 79.57% CPTR. SUPT MGR 2260 2225 1 $4,961 $347 2 $5,208 $365 3 $5,470 $383 4 $5,743 $402 5 $6,028 $422 6 $6,328 $443 7 $6,641 $465 8 $6,972 $488 $425 $5,733 99.67% $425 $5,998 104.28% $425 $6,278 109.15% $425 $6,570 114.22% $425 $6,875 119.53% $425 $7,196 125.10% $425 $7,531 130.92% $425 $7,885 137.09% 18.69231 19.63269 20.60769 21.63462 22.70769 23.82692 25.00962 26.25000 16.17692 16.97885 17.83846 18.70962 19.64423 20.60769 21.63462 22.70769 18.42115 19.35000 20.32500 21.32885 21.77885 23.48077 24.65769 26.88077 15.94615 16.73654 17.58462 18.45000 19.35000 20.32500 21.32308 22.38462 28.62115 30.04615 31.55769 33.13269 34.77692 36.50769 38.31346 40.22308 Pea199.xls 9:39 AM 9122/99 • 1 . 1 POLICE MATRIX (January 2, 1999) - TO BE USED FOR PEA MEMBERS New position Salary Pars Health Total Percentage Hourly Rate Safety Non -Safety 9.0000% 7.0000% $425 CIVILIAN SUPV 1 $3,687 $258 2180 2215 2 $3,872 $271 3 $4,065 $285 4 $4,267 $299 5 $4,479 $314 6 $4,701 $329 7 $4,933 $345 8 $5,179 $363 $425 $4,370 75.97% $425 $4,568 79.42% $425 $4,775 83.02% $425 $4,991 86.77% $425 $5,218 90.71% $425 $5,455 94.84% $425 $5,703 99.15% $425 $5,966 103.72% SR ACO 1 $3,176 $222 2120 2190 2 $3,336 $234 3 $3,503 $245 4 $3,676 $257 5 $3,858 $270 6 $4,049 $283 7 $4,250 $298 8 $4,461 $312 $425 $3,823 66.46% $425 $3,994 69.44% $425 $4,173 72.54% $425 $4,358 75.77% $425 $4,553 79.15% $425 $4,757 82.70% $425 $4,973 86.45% $425 $5,198 90.36% ACO 1 $2,748 $192 2110 2150 2 $2,884 $202 3 $3,030 $212 4 $3,179 $223 5 $3,336 $234 6 $3,503 $245 7 $3,676 $257 8 $3,858 $270 $425 $3,365 58.50% $425 $3,511 61.04% $425 $3,667 63.75% $425 $3,827 66.54% $425 $3,995 69.46% $425 $4,173 72.54% $425 $4,358 75.77% $425 $4,553 79.15% SR CSO 1 $2,708 $190 2195 2140 2 $2,899 $203 3 $2,987 $209 4 $3,131 $219 5 $3,289 $230 6 $3,451 $242 7 $3,621 $253 8 $3,801 $266 $425 $3,323 57.77% $425 $3,527 61.32% $425 $3,621 62.95% $425 $3,775 65.63% $425 $3,944 68.56% $425 $4,118 71.60% $425 $4,299 74.74% $425 $4,492 78.10% CSO 1 $2,128 $149 2190 2105 2 $2,235 $156 3 $2,347 $164 4 $2,464 $172 5 $2,584 $181 6 $2,710 $190 7 $2,847 $199 8 $2,987 $209 9 $3,134 $219 10 $3,289 $230 $425 $2,702 46.97% $425 $2,816 48.96% $425 $2,936 51.04% $425 $3,061 53.22% $425 $3,190 55.46% $425 $3,325 57.80% $425 $3,471 60.34% $425 $3,621 62.95% $425 $3,778 65.69% $425 $3,944 68.56% 21.27115 22.33846 23.45192 24.61731 25.84038 27.12115 28.45962 29.87885 18.32308 19.24615 20.20962 21.20769 22.25769 23.35962 24.51923 25.73654 15.85385 16.63846 17.48077 18.34038 19.24615 20.20962 21.20769 22.25769 15.62308 16.72500 17.23269 18.06346 18.97500 19.90962 20.89038 21.92885 12.27692 12.89423 13.54038 14.21538 14.90769 15.63462 16.42500 17.23269 18.08077 18.97500 Pea199.xls 9:39 AM 9/22/99 • 1 $3,050 $214 2220 2185 2 $3,204 $224 3 $3,364 $235 4 $3,534 $247 5 $3,707 $259 6 $3,892 $272 7 $4,084 $286 8 $4,287 $300 $425 $3,689 64.14% $425 $3,853 66.99% $425 $4,025 69.97% $425 $4,206 73.12% $425 $4,392 76.35% $425 $4,589 79.78% $425 $4,795 83.37% $425 $5,012 87.14% STA OFCR 2300 1 $2,748 $192 2150 2 $2,885 $202 3 $3,030 $212 4 $3,179 $223 5 $3,336 $234 6 $3,502 $245 7 $3,676 $257 8 $3,858 $270 $425 $3,365 58.50% $425 $3,512 61.05% $425 $3,667 63.75% $425 $3,827 66.54% $425 $3,995 69.46% $425 $4,172 72.53%u $425 $4,358 75.77% $425 $4,553 79.15% RANGE MSTR , . POLICE MATRIX (January 2, 1999) - TO BE USED FOR PEA MEMBERS New Position Salary Safety Non -Safety P Health Total Percentage Hourly Rate 9.0000% 7.0000% $425 PHOTO ID 1 $2,747 $192 2270 2145 2 $2,883 $202 3 $3,028 $212 4 $3,178 $222 5 $3,334 $233 6 $3,499 $245 7 $3,672 $257 8 $3,854 $270 $425 $3,364 58.49% $425 $3,510 61.03% $425 $3,665 63.71% $425 $3,825 66.49% $425 $3,992 69.40% $425 $4,169 72.48% $425 $4,354 75.70% $425 $4,549 79.08% ELECTRONIC SPEC 1 $3,546 $248 2160 2205 2 $3,724 $261 3 $3,910 $274 4 $4,106 $287 5 $4,312 $302 6 $4,527 $317 7 $4,753 $333 8 $4,991 $349 $425 $4,219 73.35% $425 $4,410 76.67% $425 $4,609 80.12% $425 $4,818 83.77% $425 $5,039 87.60% $425 $5,269 91.60% $425 $5,511 95.81% $425 $5,765 100.23% FISCAL SVC MGR 1 $4,140 $290 2170 2203 2 $4,348 $304 3 $4,566 $320 4 $4,812 $337 5 $5,073 $355 6 $5,345 $374 7 $5,632 $394 8 $5,932 $415 $425 $4,855 84.41% $425 $5,077 88.27% $425 $5,311 92.33% $425 $5,574 96.90% $425 $5,853 101.75% $425 $6,144 106.82% $425 $6,451 112.15% $425 $6,772 117.73% 17.59615 18.48462 19.40769 20.38846 21.38654 22.45385 23.56154 24.73269 15.85385 16.64423 17.48077 18.34038 19.24615 20.20385 21.20769 22.25769 15.84808 16.63269 17.46923 18.33462 19.23462 20.18654 21.18462 22.23462 20.45769 21.48462 22.55769 23.68846 24.87692 26.11731 27.42115 28.79423 23.88462 25.08462 26.34231 27.76154 29.26731 30.83654 32.49231 34.22308 Pea199.xls 9:39 AM 9/22/99 • POLICE MATRIX (January 2, 1999) - TO BE USED FOR PEA MEMBERS NOW Position Salary Safety Non -Safety Pers Health 101E11 Percentage Hourly Rate 9.0000% 7.0000% $425 CRIME SCENE INV 1 $2,736 $192 2132 2143 2 $2,875 $201 3 $3,019 $211 4 $3,167 $222 5 $3,325 $233 6 $3,491 $244 7 $3,664 $256 8 $3,848 $269 $425 $3,353 58.29% $425 $3,501 60.86% $425 $3,655 63.54% $425 $3,814 66.30% $425 $3,983 69.24% $425 $4,160 72.32% $425 $4,346 75.55% $425 $4,542 78.97% COMPUTER TECH 1 $3,322 $233 2137 2204 2 $3,489 $244 3 $3,665 $257 4 $3,834 $268 5 $4,058 $284 6 $4,226 $296 7 $4,451 $312 8 $4,677 $327 $425 $3,980 69.20% $425 $4,158 72.29% $425 $4,347 75.58% $425 $4,527 78.70% $425 $4,767 82.88% $425 $4,947 86.01% $425 $5,188 90.19% $425 $5,429 94.38% CPTR APPS CORD 1 $4,319 $302 2 $4,535 $317 3 $4,763 $333 4 $5,000 $350 5 $5,250 $368 6 $5,513 $386 7 $5,789 $405 8 $6,079 $426 $425 $5,046 87.72% $425 $5,277 91.74% $425 $5,521 95.98% $425 $5,775 100.40% $425 $6,042 105.05% $425 $6,324 109.95% $425 $6,619 115.08% $425 $6,930 120.48% SR CRIME ANALYST 1 $3,172 $222 2 $3,331 $233 3 $3,499 $245 4 $3,672 $257 5 $3,856 $270 6 $4,047 $283 7 $4,250 $298 8 $4,463 $312 $425 $3,819 66.40% $425 $3,989 69.35% $425 $4,169 72.48% $425 $4,354 75.69% $425 $4,551 79.12% $425 $4,755 82.67% $425 $4,973 86.46% $425 $5,200 90.40% CRIME PREV SPEC 1 $3,007 $210 2 $3,158 $221 3 $3,316 $232 4 $3,482 $244 5 $3,656 $256 6 $3,840 $269 7 $4,033 $282 8 $4,235 $296 $425 $3,643 63.33% $425 $3,804 66.13% $425 $3,973 69.07% $425 $4,151 72.16% $425 $4,337 75.40% $425 $4,534 78.82% $425 $4,740 82.40% $425 $4,956 86.17% 15.78462 16.58654 17.41731 18.27115 19.18269 20.14038 21.13846 22.20000 19.16538 20.12885 21.14423 22.11923 23.41154 24.38077 25.67885 26.98269 24.91731 26.16346 27.47885 28.84615 30.28846 31.80577 33.39808 35.07115 18.30000 19.21731 20.16654 21.18462 22.24615 23.34808 24.51923 25.74808 17.34808 18.21923 19.13077 20.08846 21.09231 22.15385 23.26731 24.43269 Pea199.xls 9:39AM 9/22199 Y • • POLICE MATRIX (January 2, 1999) - TO BE USED FOR PEA MEMBERS position Safety 1 Non -Safety NeW Salary Pers Health Total Percentage Hourly Rate 9.0000% 7.0000% $425 VIDEO TECHNICIAN 1 $3,546 $248 2 $3,724 $261 3 $3,910 $274 4 $4,106 $287 5 $4,312 $302 6 $4,527 $317 7 $4,753 $333 8 $4,991 $349 $425 $4,219 73.35% $425 $4,410 76.67% $425 $4,609 80.12% $425 $4,818 83.77% $425 $5,039 87.60% $425 $5,269 91.60% $425 $5,511 95.81% $425 $5,765 100.23% POLICE RECRUIT 2090 2005 1 $3,128 $219 $425 $3,772 N/A POLICE RESERVE 1 $2,137 $150 R180 9615 2 $2,285 $160 3 $2,400 $168 4 $2,519 $176 5 $2,645 $185 6 $2,779 $195 7 $2,917 $204 8 $3,063 $214 $425 $7,581 N/A $425 $7,739 N/A $425 $7,862 N/A $425 $7,989 N/A $425 $8,124 N/A $425 $8,268 N/A $425 $8,415 N/A $425 $8,571 N/A 20.45769 21.48462 22.55769 23.68846 24.87692 26.11731 27.42115 28.79423 18.04615 12.33075 13.18150 13.84775 14.53450 15.26225 16.03100 16.83050 17.67100 I' • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH POLICE ASSOCIATION JANUARY 1, 1996 THROUGH DECEMBER 31, 1998 • • MEMORANDUM OF UNDERSTANDING AND AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION TABLE OF CONTENTS Preamble Section l.- General Provisions Recognition 1 Duration of Memorandum 1 Scope 2 Release Time 3 Bulletin Boards 4 No Strike 5 Conclusiveness 5 Modifications 5 Savings 5 Impasse 5 Section 2.- Direct Wage Payments Internal Relationship 6 Salary/Total Compensation Adjustments 6 PERS Rate Increases 10 Additional Step 10 Retirement Benefits 10 1959 Survivor Benefit 11 Code Seven/Duty Incentive Time 11 Overtime 11 Master Police Officer Recognition Program 12 Pay for Time not Worked 15 Bereavement Leave 18 Holiday Time 19 Leave Pay Off 19 Worker's Compensation Leave 19 Section 3. - Fringe Benefits Insurance 20 Short Term Disability/Long Term Disability 22 Tuition Reimbursement 23 Section 125 Plan 23 Employee Assistance Program 24 Scholastic Achievement Pay 24 ir 1 Section 4. - Miscellaneous Provisions Work Schedules 25 Seniority 26 Reductions in Force/Layoffs 26 Grievance Procedure 29 Reopeners 24 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: PREAMBLZ 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. ,SECTION 1. - General Provisions. A. Recoanition. 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 1 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. 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. C. Scope. 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; 2 (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. D. Release Time. 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 3 • • 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. E. 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 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 4 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. H. 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. 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. 5 7173 or a successor resolution. SECTXON 2 - Direct Wage Payments. A. Internal Relationships 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 71.11% 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 95.60% 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 119.39% of that paid to the Benchmark Position. 1. Salary/Total Compensation Adiustments. 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. 6 • 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 0.4%. 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 7 • • 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 B1,less the value of employer retirement contributions, for the Benchmark Position that is at least equal .8 percent below the average monthly Modified Total Compensation of the five Benchmark Positions in other law enforcement agencies within the County of 8 • • 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 Bl. 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 9% 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 9 • • 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. (b) pERS Rate Increases (i) Effective July 1, 1996, the City shall assume the payment of the full employer 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 3.2%) without any corresponding reduction, or increase, in the salary or Modified Total Compensation of any NBPEA member. 3. Additional Sten. 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 (10%) percent lower that the current first step in the salary range. The second additional step (2) shall specify a salary that is five (5%) 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. 4. Retirement Benefits. (a) The City shall pay each member's required PERS retirement contribution (9% of salary for sworn employees and 7% 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 10 (b) 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. 1959 Survivor "Ptfit 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. 5. Code Seven/Duty Incentive Time. 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 11 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. 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. MORP 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 12 • 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 Requirements: 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. 13 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 Reauirements: 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 14 field assignment. Uniformed Traffic field assignments are Motorcycle Enforcement Officer and Accident Investigation Officer. 12.5% of the member's MORP 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 for Time Not worked. 1. Flex Leave. (a) Subject to the provisions of subsection (b) NBPEA members shall accrue flex leave as follows: Years of Con't. Svc.: 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Adjusted Accrual Per Pav Period: 6.85 7.46 8.08 8.70 9.31 9.92 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: 15 • Years of Service 1 but less than 5 5 but less than 10 10 but less than 16 16 but less than 20 20 but less than 25 25 and over Accrual Rate Per Pav Period 5.23 6.15 7.07 9.31 9.92 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 16 shall be reduced by any flex leave time advanced during the first six months of employment. (iii)Members employed by the City prior t o 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 17 • • 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. 2. Bereavement Leave 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. 18 • • 3. Holiday Time. NBPEA members shall accrue holiday time at the rate 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. 4. Leave Pay Off For the term of this agreement, NBPEA members shall receive payment for any accrued leave upon termination at the rate of 109% of their base hourly rate. 5. Worker's Compensation Leave. (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 19 • • 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. SECTION 3. - Fringe Benefits. A. Insurance. 1. Health Insurance. The City shall make available to all NBPEA members, their spouses and dependents, the PERS health insurance programs and a second health care plan. The City shall pay the health and dental premiums for each NBPEA member, spouse and dependent, up to a maximum of $400 per month. 2. Orthodontia 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 Committed. City has established a Medical/Dental Information Committee composed of one representative from each 20 e ' 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. 4. Medical Opt Out 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. 5. Fetiree Medical Insurance 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. 21 • • B. Short Term Disabilitv/Long Term Disability. 1. Short Term Disability. 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. Lona Term Disability. 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. 22 3. Income Ceilings/Payment of Premiums. 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. C. Tuition Reimbursement. 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 (100%) 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 Director. D. Section 125 Plan. 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 23 • „ • • 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. E. Employee Assistance Program. 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 $48.00 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: 24 Years of S-rvi P: 2 3 4 30 Units: 60 Units: 90 Units: $48/mo. $48/mo. $48/mo. $48 $96 $96 $48 $144 $144 BA/BS:MA/MS/JD: $48 $192 $192 $48 $192 $240 G. Non -sworn Personnel Shift Differential. 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. DECTION 4. - Miscellaneous Provisions. A. 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 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. 1. Substantive Work Schedule Modifications 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. 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 due regard to the needs of the employees to make adjustments to their personal schedules and commitments related to the change in work schedules. 25 i• 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 deviate from the prior seniority criteria to the extent necessary to meet operational or safety needs. C. 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. 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 26 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 27 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. 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 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 .., 5. Severance Pay. Permanent employees who are laid off shall, as of the date of lay-off, receive one week severance pay for each year of continuous service with the City of Newport Beach. C. Grievance Procedure. 1. Definition. 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 $tep 1'- The employee shall orally present the grievance 29 , ,p . 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 Police. 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 ap, + • w_r3. i • Step 4 - Anneal to City Manaaer. 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. 4. General Grievance. 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. D. Re -opener. 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 • • 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 8th day of September 1997: NEWPORT !' POLICE EMPLOYEES ASSOCIATION Steve Martinez By ��. John Adams CITY OF NEWPORT BEACH LaVonne Harkless City Clerk APP VED AS TO FORM: obert H. Burnham, City Attorney 32 • • - 2056 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION 1993 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 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 July 1, 1992 to December 31, 1995 and this tentative agreement has been embodied in this MOU. 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. 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'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. 8. Duration of Memorandum. 1. 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 July 1, 1992. This MOU shall remain in • • full force and effect until December 31, 1995, 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. 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. C. Scope. 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; (g) to maintain the efficiency of operations; kr\nbpea.mou\5-18-93 2 (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; 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. (j) D. Release Time. 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 remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. kr\nbpea.mou\5-1a-93 3 • • 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 100 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. E. 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 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 employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. kr\nbpea.mou\5-18-93 4 • • 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. 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 reached prior to the execution of this MOU and not set forth herein. H. 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. 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. 7173 or a successor resolution. kr\nbpea.mou\5-18-93 5 SECTION 2. - Direct Wage Payments. A. Pav for Time Worked. 1. Salary/Total Compensation Adjustments . Effective July 1, 1992, the salary schedule for the classifications represented by the Association shall be as specified in Exhibit "B." The parties shall meet and confer, and make every effort to reach agreement, on appropriate salary differentials between the benchmark position (top step Police Officer) and all other classifications (including pay steps) represented by NBPEA. The parties shall also meet and confer, and make every effort to reach agreement, on the development of a matrix for each classification and step so that increases in total compensation can be calculated based upon a multiplier of the salary paid to the benchmark position. The adjustments to salary and total compensation described in this Section shall maintain the differentials agreed to during this process so there is an appropriate internal relationship among the various classifications represented by NBPEA and other positions in the Police Department. If no agreement is reached prior to January 1, 1994, then the adjustments to salary or total compensation described in this Section shall apply to then current salaries or total compensation, whichever is applicable. Subject to the foregoing, the salaries specified in Exhibit "B", or total compensation, as appropriate, shall be subject to the following guaranteed adjustments: (a) Effective January 1, 1994, salaries shall be increased by three percent (3%) or the increase in the Consumer Price Index from July 1, 1992 to June 30, 1993, whichever is greater. For the purposes of this subsection, the term "CPI Increase" shall mean the total percentage change shown in the "all items index" for "all urban consumers" for Los Angeles--Anaheim--Riverside, published by the United States, Department of Labor, Bureau of Labor Statistics. (b) The provisions of this subsection are intended to implement the City's commitment to increase total compensation of the benchmark position by at least fifty percent (50%) of the differential between then current total compensation (as defined in Section 3(B)) and the average total compensation of the five (5) highest paid benchmark positions (or equivalent) of law enforcement agencies in Orange County (as defined in Section 3(B)), and to increase the salary of all other classifications represented by NBPEA by a percentage equal to the percentage salary increase granted to the benchmark position in order to provide the increase in total compensation described above. Effective on January 1, 1995, then current salaries shall be increased, at a kr\nbpea.mou\5-18-93 6 minimum, by an amount or percentage calculated as follows. First, then current total compensation paid by Newport Beach to the benchmark position shall be subtracted from the average of the total compensation paid to the five (5) highest paid benchmark positions of law enforcement agencies in orange County. Second, the difference in total compensation, if any, shall be divided by two and that sum represents the minimum total compensation increase that shall be granted to the benchmark position pursuant to this subsection. Third, City shall then determine the salary increase for the benchmark position that produces the required increase in total compensation, and that amount shall be added to the existing salary for the benchmark position. Finally, City shall also determine the percentage increase in salary to the benchmark position that results from the increase in total compensation granted pursuant to this subsection. In the event the matrix described in Section 2(A)(1) has been developed, salaries for all NBPEA members shall be increased by applying the matrix multiplier to the new salary paid to the benchmark position pursuant to this Section. In the event the matrix has not been developed, the salaries of all NBPEA members shall be increased by the percentage increase in the salary of the benchmark position. For example, if the total compensation paid by Newport Beach was $4,000 ($3,000 salary, $600 retirement and $400 health insurance), and the average total compensation of the five highest paid benchmark positions was $4,720, the minimum total compensation increase would be $360 ($4,720 minus $4,000 equals $720 divided by two equals $360). City would then determine what salary increase would produce an increase in total compensation of $360. In this example, and assuming no change in the health insurance contribution, the salary increase would be $300 which was calculated by dividing $360 by 1.2 (1.2 is the ratio of salary and retirement benefits to salary). In summary, the new salary would be $3,300, the new retirement contribution would be $660 (20% of salary), and the health insurance contribution would remain $400 for a total compensation of $4,360. City would also determine the percentage increase in the salary of the benchmark position granted pursuant to this Section by dividing the amount of the salary increase by the pre- existing salary for the benchmark position. In this example, the percentage salary increase would be ten percent (10%) ($300 divided by $3,000). In the event the matrix exists, the salaries of all NBPEA members would be increased by applying the matrix multiplier to the new salary of $3,300. In the event the matrix has not been developed, salaries of all NBPEA members would be kr\nhpea.mou\5-18-93 7 increased by 10%. (c) In the event any recognized association or labor organization composed of Newport Beach employees or a significant segment of unrepresented employees receives any increase in total compensation prior to January 1, 1994, other than pursuant to court order or judicial decree, the same increase shall be granted to NBPEA members as of the date the increase is effective as to the other association, labor organization, or significant segment of unrepresented employees. City shall have no obligation to increase salaries pursuant to subsection (a) if the increase in total compensation paid pursuant to this Section is effective prior to January 1, 1994 and is equal to or is greater than the percentage increase in total compensation that would result from application of subsection (a). In the event increases in total compensation granted pursuant to this Section are less than the increase specified in subsection (a), NBPEA salaries shall be increased, effective January 1, 1994, by an additional amount necessary to comply with subsection (a), but in no event shall the total of the adjustments exceed the maximum adjustment required by subsection (a). 2. Subsequent Adjustments. Any Adjustments in total compensation to be effective on or after January 1, 1996 shall be determined in accordance with the compensation policy specified in Section 3or the then current MOU. 3. Additional Step. Effective April 1, 1994, a new step ("F Step") shall be added to the compensation schedule for each classification represented by NBPEA. The salary for the F Step shall be five percent (5%) greater than the then current salary for the E Step. NBPEA members who have been at the E Step for twelve (12) months prior to April 1, 1994 shall advance to the F Step on that date. All other NBPEA members shall be eligible for an increase to the F Step after twelve (12) months at the E Step. 4. Retirement Benefits. (a) The City shall pay each member's required PERS retirement contribution (9% of salary for sworn employees and 7% 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 member as such in accordance with the rules and regulations promulgated by PERS. As provided in an earlier MOU executed between the kr\nbpea.mouX5-18-93 8 City and NBPEA well in advance of December 18, 1992, any NBPEA member shall have one opportunity during the term of his/her employment with Newport Beach to convert the City's obligation to pay his/her required employee retirement contributions to a corresponding salary increase (9% for sworn employees and 7% for non -sworn employees) and, at the same time, assume the obligation to pay his/her own retirement contributions. This payment by the employee shall, to the extent permitted by law, be regarded as an employer pick-up within the meaning of Section 414(h)(2) of the United States Internal Revenue Code and Section 20022(a)(6) of the California Government Code so that, to the extent permitted by law, it may be subtracted from the employee's gross salary for the purpose of calculating the employee's reportable ordinary income but included in the compensation of the employee reported to the Public Employee's Retirement System (PERS). NBPEA members acknowledge that they may not, under current PERS and Internal Revenue Regulations, return to the City contribution program once a member has elected to pay his/her own retirement contributions and received a corresponding salary increase. NBPEA and its members shall have no right to seek reimbursement from City in the event any member incurs any tax or other liability resulting from City's compliance with the provisions of this subsection. (b) In the 1988-89 MOU between the City and NBPEA, City agreed to provide NBPEA members with retirement benefits based upon highest year compensation ("Highest Year Benefit"). Pursuant to that MOU, the City agreed to pay the total extra cost of the Highest Year Benefit during 1988-89 and thereafter phase the additional cost into the total compensation calculation at the rate of "an additional 20% per year" until fully absorbed in the total compensation calculation. The parties wish to resolve any disagreement over the meaning and method of implementation of those provisions of the 1988-89 MOU related to the Highest Year Benefit by converting the current value of the Highest Year Benefit to a guaranteed payment over and above each member's salary. This guaranteed payment shall be calculated by multiplying the member's salary by a percentage determined by dividing sixty percent (60%) of the cost of the Highest Year Benefit for the benchmark position (as of April 28, 1993) by total compensation for the benchmark position as of April 28, 1993. This guaranteed payment shall be effective June 1, 1993, shall continue in full force and effect until December 31, 1995, and shall not be included in the calculation of total compensation for any purpose, including, without limitation, the computation of total kr\nbpea.mou\5-18-93 9 • • compensation for the purpose of calculating salary increases pursuant to subsection 2(A)(1)(b). City shall provide NBPEA with proof of compliance with this subsection within thirty (30) days after its effective date and within thirty (30) days after each subsequent salary increase. 5. Code Seven/Duty Incentive Time. The City and NBPEA have agreed to eliminate entitlement to compensation for duty incentive time or Code Seven time based upon implementation of the 9/80 work schedule and a Settlement Agreement between the City and NBPEA, which expressly limits the restrictions that may be imposed on employees during "Code Seven" time. NBPEA and its members agree that this waiver of entitlement to compensation for duty incentive time or Code Seven time shall survive the termination of this MOU and that no request for compensation for duty incentive time or Code Seven time shall be made at any time in the future by NBPEA and/or any of its members. 6. Master Police Officer Recoanition 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. MORP 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. MORP pay shall be included in the member's paycheck for the first pay period in February. NBPEA members who would have been eligible for Master Officer III pay had the provisions of this MOU been effective on January 1, 1992, shall be entitled to receive supplemental MORP pay which, when added to MORP pay already received for the 1992 calendar year, equals 12-1/2% or 15%, whichever is applicable, of that member's MORP Earnings. This supplemental MORP pay shall be paid 45 days after the effective date of this MOU. The requirements and compensation of the three levels of MORP are summarized as follows: kr\nbpea.mw\5-18-93 10 MASTER OFFICER I Requirements: 1) Minimum service of five (5) years as a Newport Beach Police Officer. 2) One full year at the top step. 3) Must have obtained an intermediate POST Certificate, or the educational equivalent. 4) Must have successfully completed one year in a 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 payroll as of November 30th of each year. 7) 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. 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 Requirements: 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. kr\thpea.n)05-18-93 11 • • 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 field assignment. Uniformed Traffic field assignments are Motorcycle Enforcement Officer and Accident Investigation Officer. 12.5% of the member's MORP 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 for Time Not worked. 1. Flex Leave. (a) Subject to the provisions of subsection (b), NBPEA members shall accrue flex leave as follows: Years of Con't. 1 but 5 but 9 but less less less kr\nbpea.mou\5-18-93 Svc.: than 5 than 9 than 12 Adjusted Accrual Per Pav Period: 12 6.85 7.46 8.08 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 8.70 9.31 9.92 10.54 These accrual rates are effective July 1, 1992. Flex leave banks of NBPEA members shall be adjusted to reflect the new accrual rates as of July 1, 1992. (b) The Flex leave program shall be administered as follows: kr\nbpea.mouk5-18-93 (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 81 hours 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 81 hours of flex leave immediately upon completion of six (6) 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 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 or the 13 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) Prior to the effective date of this MOU, members were entitled to accrue flex leave up to a maximum of 78 times the member's bi-weekly accrual rate. Earned flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. To allow members to continue to receive payment for earned flex leave in excess of the maximum permitted accrual and to reduce the City's contingent liability for payment of flex leave upon resignation, termination or retirement, members shall be permitted to accrue no more than 70 times the member's bi-weekly accrual rate. Earned flex leave in excess of the new maximum permitted accruals shall continue to be paid bi-weekly at the member's hourly rate of pay. In addition, NBPEA members may, during the period from July 1, 1993 to September 1, 1993 elect to receive pay, at the member's hourly rate of pay, for all accrued flex leave in excess of 52 times the member's bi-weekly accrual rate and, in such event, the member shall thereafter receive pay at his or her hourly rate of pay for all earned flex leave in excess of 52 times the member's bi-weekly accrual rate. (v) A11 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. (c) Prior to January 1, 1990, NBPEA members accrued both sick leave and vacation leave. In 1990, the City adopted an alternative system called the Flex Leave Program. Employees who opted for the Flex Leave Program accrued less leave than the combined vacation/sick leave accrual, but no restrictions were placed upon the use of the leave. NBPEA members who enrolled in the Flex Leave kr\nbpea.mou\5-18-93 14 Program shall have the right to return the vacation/sick leave system by filing a written election to do so with the City during a thirty (30) day period to be determined by separate agreement between NBPEA and the City. For those employees who returned to the vacation/sick leave system, accrued flex leave shall be considered accrued vacation leave. (d) Long before December 18, 1992, the City has provided, and shall continue to provide, to NBPEA members who have accumulated flex leave in excess of the maximum permitted level, the opportunity to receive additional compensation in lieu of future flex leave accrual. The increased compensation has been, and shall continue to be, calculated by multiplying the number of hours of flex leave relinquished by the member during each bi-weekly period by the member's then current hourly rate of pay. City shall, at the request of NBPEA, take any action permitted by law to cause that additional salary to satisfy the definitions of "compensation" and "compensation earnable" within the meaning of Sections 20022 and 20023 of the Government Code of the State of California, including advising PERS of this long standing practice and the City's representations, if so requested by any NBPEA member. 2. Holiday Time. NBPEA members shall accrue holiday time at the rate 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 use holiday time as time off work on holidays, as paid time off work for days other than holidays, convert holiday time to flex leave or vacation leave, or 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/vacation leave or to be paid for unused holiday time at their normal hourly rate. In the absence of an election during. July, the members shall receive pay for unused holiday time at their normal hourly rate. 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. 3. Worker's Compensation Leave. (a) Sworn Members. Any NBPEA member who is a sworn peace officer and kr\nbpea.mou\5-18.93 15 • 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. (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. SECTION 3, - Compensation Policy. A. Policy. The intent of this Policy is to maintain salaries and other components of the City's total compensation package at levels which will attract and retain highly qualified personnel as members of the Newport Beach Police Department. The City Council shall, in applying this compensation policy, take into consideration the following factors: 1. The City's then current economic position; 2. The City's standing in the defined labor market (law enforcement agencies in Orange County); 3. Changes in the cost of living as measured by increases or decreases in the Consumer Price Index; and 4. Internal relationships. The City shall use this compensation policy, tempered by sound fiscal policy, to maintain a highly competitive standing within the kr\nbpee.ncu\5-18-93 16 defined labor market with the understanding that the City's ability to make economic adjustments may be limited by budgetary considerations, constraints imposed upon the City by limitations in municipal revenues, or extraordinary expenditures. Taking all of these factors into consideration, it will be the City's intent to compensate employees represented by NBPEA based upon the average of the five (5) highest paid benchmark positions of law enforcement agencies (all municipal police departments and the Sheriff) in Orange County. B. Procedure. The City shall annually evaluate the compensation of NBPEA members and, through the meet and confer process mandated by the Meyers Milias Brown Act, will make appropriate modifications to total compensation. The procedure for evaluating the average of the five (5) highest paid benchmark positions in Orange County shall begin with a compensation survey prepared in July of each year by the Orange County Division of the League of Cities, subject to verification of this survey for accuracy. The City will use this survey to determine the total compensation paid by other law enforcement agencies to the benchmark position. The benchmark position shall be the top step non -specialty police officer, or Sheriff in the case of the County, and does not include police officer classification such as Master Officer, Senior Officers, Corporals, or similar special categories based upon any specific combination of experience, training or education. Total compensation shall consist of three factors: salary, retirement benefits (employer -paid retirement contributions including payment of employee's share) and health insurance contributions. Salary and retirement benefits shall be calculated using the amount paid to, or on behalf of, the benchmark position. Health insurance contributions shall be calculated based upon 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. The total compensation paid to the five (5) highest paid benchmark positions shall be added, and the total divided by five without regard to weighting or the number of officers or employees of the law enforcement agencies with the five (5) highest paid benchmark positions. This average shall be used to establish the compensation goal. Salaries for all NBPEA represented classifications shall be adjusted (through the use of the matrix multipliers or the percentage increase) to reflect the salary increase for the benchmark position that results from the increase in total compensation in the same manner employed in Section 2(A)(1)(b). C. Term of Compensation Policy. This compensation policy shall survive the term of this MOU and shall remain in full force and effect unless and until modified by the parties in writing. krVhpea.mou\5-18-93 17 • • D. Revocation of Current Policy (Jell. NBPEA agrees that this compensation policy takes the place of Council Policy J-1, the Council Policy J-1 is no longer applicable to NBPEA and City has the right to modify or revoke J-1 at any time subsequent to the effective date of this MOU. SECTION 4. - Fringe Benefits. A. Insurance. 1. Health Insurance. City shall provide a health care plan available to all NBPEA members, their spouses, and dependents. The health plan shall be underwritten by a reputable health care provider. The City shall also provide dental coverage with a maximum annual benefit of $1,000. The dental coverage may be offered by a provider other than the one which sponsors the health care plan. City shall pay the health and dental premium for each NBPEA member, spouse and dependents up to a maximum of $400 per month. City and NBPEA shall meet and confer between the effective date of this MOU and July 1, 1993 with respect to the health care plan provider, adjustments to the maximum City contribution per member, and other issues relevant to health care coverage. 2. Information Committee. City has established a Medical/Dental Information Committee composed of one representative from each 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. B. Short Term Disabilitv/Lone Term Disability. 1. Short Term Disability. 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 kr\nbpee.mou\5-18-93 18 . 4 } • • 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. Long Term Disability. 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. 3. Income Ceilinas/Pavment of Premiums. 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. C. Tuition Reimbursement. NBPEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement kr\nbpea.mWs-18-93 19 t • • of one hundred percent (100%) 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 fiscal years 1992-93 through 1995-96. Maximum tuition reimbursement for non -sworn members shall be $2,213.00 per year for fiscal years 1992-93 through 1994-95. 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 Personnel Director. D. Section 125 Plan. 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, within three (3) months after this MOU becomes effective, establish a "reimbursable 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. E. Employee Assistance Program. City shall provide an Employee Assistance Program through a properly licensed provider. NBPEA 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 kr\nbpee."ou\5-1B-93 20 . w t • • 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 $48.00 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: Years of Service: 30 Units: 60 Units: 90 Units: BA/BS: MA/MS/JD: 2 $48/mo. $48 $48 $48 $48 3 $48/mo. $96 $144 $192 $192 4 $48/mo. $96 $144 $192 $240 G. Non -sworn Personnel Shift Differential. The night shift differential pay for non -sworn personnel shall be $.70 per hour. SECTION 5. - Miscellaneous Provisions. A. Schedule. Subject to the right to re -open as specified in this subparagraph, 9/81 shall be the standard work schedule for the term of this MOU. The 9/81 schedule will be structured to allow for 130 days off during the calendar year. NBPEA members shall be entitled to eleven (11) days off for ten months of the year and ten (10) days off during two months of the year. The Chief of Police shall determine the months during which NBPEA members shall receive ten days off. The Chief of Police shall also have the right to alter the work schedule of any NBPEA member assigned to any multi -agency or regional task force. City shall have the right to designate a 14 day or 28 day work period pursuant to Section 29 U.S.C. 507(k) ("7 K Exemption"), provided, however, the 7 K Exemption shall not affect the City's obligation to pay overtime pursuant to provisions of this MOU including the provisions of Section 1.(C)(1). NBPEA shall have the right to re -open discussions regarding the appropriate work schedule by sending written notice of its intention to do so on or before September 1, 1993. Upon notice, the parties shall meet and confer, in good faith, regarding the appropriate work schedule for NBPEA members. B. Reductions in Force/Lavoffs. The provisions of this section shall apply when the City kr\nbpee.mou\5-18-93 21 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 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 kr\nbpea."ou\5-us-93 22 , 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 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. 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 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. 5. Severance Pay. Permanent employees who are laid off shall, as of the date of lay-off, receive one week severance pay for each year of continuous service with the City of Newport Beach. kr\nbpea.mou\5-18-93 23 • • C. Grievance Procedure. 1. Definition. 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 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 kr\nbpea.mw\5-18-93 24 • 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. Sten 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. 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 Police. 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. The Chief of Police shall provide the employee with a written decision on the appeal within ten (10) working 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 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 and 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. kr\nbpea.mou\5-18-93 25 4. General Grievance. 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. D. Re -opener. 1. NBPEA shall have the right to re -open this MOU to discuss three non total compensation issues in addition to the re -opener on work schedule and the other re -openers specified below in subparagraph 2 of this section. NBPEA shall notify the City in writing on or before September 1, 1993 of its intent to re -open and the specific subjects to be discussed. 2. City and NBPEA have agreed to re -open this MOU and meet and confer in good faith on the following subjects and any other matters within the scope of representation not identified in this MOU: Seniority/ Special Assignments, Court Appearance Pay, Overtime, Military Leave, Jury Duty Leave, and Bereavement Leave. The purposes of this re -opener provision are: (a) to describe these benefits accurately for inclusion in this MOU; (b) to resolve any inequities in the manner in which the rules on these subjects are presently applied; (c) to discuss revisions to rules regarding overtime and other subjects and to reduce City liability for overtime without reducing the duration of shifts; (d) to resolve inconsistencies between provisions of the Personnel Rules and Police Department Manual regarding these subjects. kr\nbpea.m,u15-18-93 26 Executed this 2 day of ATTEST: By: , 1993: NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION Dave Byi gton CITY OF NEWPORT BEACH By: Clarence/. Turner Mayor Wanda Reggio, f ty Clerk APPR'i''D AS TO FORM: bert H. Burnham, City Attorney kr\nbpeo.mou\5-18-93 27 (. • JOB CLASSIFICATIONS POLICE OFFICER POLICE RECRUIT ANIMAL CONTROL OFFICER ANIMAL CONTROL OFFICER, SR. CIVILIAN TRAFFIC SUPERVISOR CUSTODY OFFICER CUSTODY OFFICER, SENIOR POLICE COMM. SUPERVISOR POLICE COMM. SVC. OFFICER COMMUNITY SVCS. OFFICER, SR. POLICE DISPATCHER POLICE DISPATCHER, SR. POLICE PHOTO I.D. TECHNICIAN POLICE RECORDS SUPERVISOR POLICE COMPUTER SYSTEMS MANAGER RANGEMASTER - ARMORER SECRETARY TO POLICE CHIEF STATION OFFICER VIDEO PRODUCER EXHIBIT A REPT NOR: PAY500X CITY OF NEWPORT BEACH. CA RUN DATE: 05-18-93 JOB CLASS -RANGE REPORT • CLASS TITLE RANGE HOURLY 8I-WEEKLY MONTHLY 2030 POLICE OFFICER 2015 18.01460 18.91532 19.56116 20.85413 21.89684 .00000 .00000 1,441.17 1,513.23 1,468.89 1,668.33 1,751.75 PAGE NBRj 1 ANNUAL 3,123.00 39,410 00 3,279.00 39,344.00 3,443.00 4.1, 311.0_0.. 3,615.00 43.317.00 3,795.00 45,545.00 .00 .00 .00 .00 .00 2090 POLICE RECRUIT _ .".... 2004 _ 15.39292 1,241.43 2,668.00 32,017.00 .00000 .00 .00 .00 .00000 .00 .00 .00 \ .00000 _ .. .00 "_", ,.." :00 _. . .00, .00000 .00 .00 .00 .00000 .00 .00 .00 .00000 .00 .00 .00 2110 ANIMAL CONTROL OFFICER 2150 2120 ANIMAL CONTROL OFFICER,SR 2190 2130 CIVILIAN TRAFFIC SUPERVSR 2140 CUSTODY OFFICER 2150 CUSTODY OFFICER. SENIOR 14.24665 14.95855 15.70646 16.49190 17.31647 .00000 .00000 16.49190 17.31647 10.10220 19.09136 20.04595 .00000 .00000 1,139.73 1E196.68 1,246.52 1,319.35 1,365.32 .00 .00 1,319.35 1,385.32 1,454.58 1,527.31 1,603.68 .00 2.469.00 2,593..00 2,722.00 2,859.00 3,902.00 .00 .00 2,859.00 3.002.00 3,152.00 3,309.00 3.475.00 .00 .00 29,633.00 31.114.00, 32,669.00 34,303.00 36,018.00 .00 .00 34,303.00 36,018.00 37,619.00 39,710.00 41,696.00 .00 .00 2210 16.74355 1,499.48 3,849.00 38,987.00 19.68067 1,574.45 3,411.00 40.936.00 20.66459 1,653.17 3,482.00 42,982.00 _ 21.69774 1,735.82 3,761.00_ 45,131.00 22.78269 1,822.62 3,949.00 47,388.00 .00000 .00 .00 .00 .00000 .00 .00 .00 2155 14.32980 1,146.36 2,484.00 29.806.00 15.04616 1.203.69 2,608.00 31,296.00 15.79846 1,263.88 2,738.00 32,861.00 16.58837 1,327.07 2.875.00 34,504.00 17.41783 1,393.43 3,019:06 36,229.00 .00000 .00 .00 .00 .00000 .00 .00 .00 2195 16.58571 17.41496 18.28566 19.19997 20.15990 .00000 .00000 EXHIBIT B 1,326.86 1,393.20 1,4.62.85 1,536.00 1,612.79 .00 .00 2,675.00 3,019.00 3,170.00 3,328.00 3,494.00 .00 .00 34,498.00 36,223.00 38.034.00 39,936.00 41,933.00 .00 .00 REPT N8R: PAYSOOX CITY OF NEWPORT BEACH, CA PACE NER:.2; RUN DATE: 05-18-93 JOB CLASS -RANGE REPORT CLASS TITLE RANGE HOURLY BI-WEEKLY MONTHLY ANNUAL ; 2180 POLICE COMM SUPERVISOR 2215 _2190 POLICE COMMUNITYSVC OFCR g!o! 2195 COMMUNITY SVCS OFFICER,SR 2140 19.17044 1,533.64 3,323.00 20.12877 1,610.30 3,489.00 21.13527 1.690.82 3,663.00 . .. 22.19208 1.775.37 3.847.00 23.30176 1,864.14 4,039.00 .00000 .00 .00 .00000 .00 .00 . 10.99931 879.94 11.54928 9E3.94 12.1E674 970.14 12.73269 1.018.62 13.36954 1,069.56 14.03785 1.123.03 14..73983. 1,179.19 1,907.00 2,002.00 2,102.00 2,207.00 2,317.00 2,433.00 .2,555.00. 39,875.00 41,868.00 4119.61.L00.. 46.160.00 48,468.00 .00 .00 22,879.00 24,023.00 25,224.00 , 26,434.00 27.809.00 29,199.00 30,659.00 13.79429 1,103.54 2,391.00 28,692.00 14.48392 1.158.71 2,511.00 30R1E7.-.00_. 15.20806 1,216.64 2,636.00 31,633.00 15.96836 1,277.47 2,768.00 33,214.00 16.76670 1,341.34 2.906.90 34,875.00 .00000 .00 .00 .00 .00000 .00 .00 .00 2200 POLICE DISPATCHER 2170 14.53817 1,163.05 2,520.00 30,239.00 15.26509 1,221.21 2,646.00 31.751.00 16.02826 1,282.26 2,778.00 33,339.00 16.6E979 1.346.36 2.917.00 35.006.00 17.67130 1,413.70 3,063.00 36,756.00 .00000 .00 .00 .00 .00000 .00 .00 .00 2210 .POL10E DI$PATCIIER, SR 2200 16.62979 17.67130 18.55491 19.48264 20.45675 .00000 .00000 2220 POLICE PHOTO ID TECHNICAN 2185 15.84332 ._•- •.• 16.63569 17.46718 18.34046 19.25743 .00000 .00000 1,346.38 1,413.70 1,484.39 1.558.61 1,636.54 .00 1,267.47 .1,330.84 1.397.37 1,467.24 1,540.59 .00 .00 2,917.00 3,063.00 3,216.00 3,546.00 .00 2,746.00 2,883.00 3,028.00 3,179.00 3,338.00 .00 .00 35,006.00 36,756.00 38,594.00 40,524.00 42,550.00 .00 .00 32,954.00 311&602.0.0. 36,332.00 38.148.00 40,055.00 .00 .00 2E50 POLICE RECORDS SUPERVISOR 2E20 19.62419 1,569.94 3.402:119. 40.818.00 20.60543 1,048.43 3.57e.00 42.859.00 21.63559 1,730.85 3,750.00 45,002.00 22.71756 1,817.40 3,938.00 47,253.00 23.85335 1.908.27 4,135.00 49,615.00 .00000 .00 .00 .00 .00000 .00 .00 .00 • • REPT NOR: PAYS009 RUN DATE: 05-12-93 CITY OF NEWPORT MACH, CA PAGE NBR:•11.. JOB CLASS -RANGE REPORT CLASS TITLE --- MONTHLY ANNUAL 2260 POLICE COMPUTER SYS MNGR 2225 25.85272 i:oii.ii 4,461:00 27.14440 2,171.63 4,705.00 28.50257 e,e80.e1 4.940,09 29.92776 2,394.22 5.167.00 31.42412 2,513.93 5,447.00 .00000 .00000 .00 .00 RANGENASTER-ARMORER 14.23256 2145 1,136.61 2,467.00 14.94416 1.195.53 2,590.00 15.69124 1,255.30 2,720.00 16.41581 1:;81:::: 2,256..00 17.29173 12.999.00 ::;71::: .00 .00 .00 .00. 53,774.00 56,462.00 59f...285.99 iegsv.oe 65,162.00 .00 25)604,06 31,064.00 32,638.00 34,270.00 35,983.00 .00 .00 2290 SECRETARY 70 POLICE CHIEF 2173 14.93232 1,194.59 2,588.00 31,059.00 15.67694 1,254.32 2.77.2..00 32,612.00 16.46269 1,317.03 2,654.00 34.243.00 17.26603 1,352.60 2,996.00 35,955.00 18.15034 1,452.03 3,146.00 37,753.00 .00000 .00 .00 .00 .00000 .00 .00 .00 2300 STATION OFFICER250 14.24665 1,139.73 e,469.00 29,633.00 14.95855 1,196.66 2,593.00 31,114.00 15.76642 1,256.52 2,7E2.00 72,069-00 16.49190 1,319.35 2,859.00 34,303.00 17.31647 1,385.32 3,002.00 36,018.00 . .00000 ....00 .00 .00 .00000 .00 .00 .00 2310 VIDEO PRODUCER 2205 .18.43232 1,474.59 3,195.00 38,339.00 19.35388 1,548.31 3,355.00 40.256.00 20.32148 1,625.72 3,522.00 42,269.00 21.33757 1,707.01 3,699.00 44,382.00 22.40441 1,792.35 3,883.00 46,601.00 .00000 .00 .00 .00 .00000 .00 .00 .00 • Exhibit #2 MEMORANDUM OF UNDERSTANDING 503. REDUCTIONS IN FORCE:LAYOFFS. 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. 503.1 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 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. Classification 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 Classifications(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 following a meet and consult process which constitute a Series. (E) "Bumping Rights", "Bumping" or "bump" shall mean (1) the right of an employee. based upon seniority within a series to bump into a lower ranking Classification within the same Series, (2) to be followed by. an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. 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. 503.2 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 following the Department Director's consideration of established performance evaluations. 503.3 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. 503.4 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 re-employment list shall expire in 18 months. 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 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, first class postage prepaid, and addressed to the employee at r themselves of the EARLY RETIREMENT PROGRAM and provide binding notice of intent to do so on or before April 30, 1993, then the City is confident that three (3) additional NBP&TEA members will be subject to layoff , and that two (2) additional NBP&TEA members will be subject to a classification downgrading. Such actions would almost certainly be implemented on or. about June 30, 1993. However, the City makes it abundantly clear to the NBP&TEA that the total number of layoffs to be implemented during any future period of time cannot be stated with any absolute specificity. The concerns stated in Section 503 of the LAYOFF POLICY will require the City to consistently reassess its layoff requirements. However, and if the total number of required layoffs differ in number from the two (2) described above, the City will certainly provide advanced notice of such implementation to the NBP&TEA and will, at the NBP&TEA's request, engage the Meet and Confer process as to the impact of the decision to make further layoffs. If the content of this letter reflects our mutual understanding, then we would appreciate the NBP&TEA's signature on this document, verifying that agreement. cerely,. /J Du&ne K. Munsod Personnel Director AGREED - Newport Beach Professional & Technical Employees Association Date: H — v 9 - 93 Signature: Date: I} '-9- 9 3 Signature: Date: Signature: Date: 4 - 2 °I - `13 Signature: Exhibit #3 MEMORANDUM OF UNDERSTANDING 503. REDUCTIONS IN FORCE/LAYOFFS. 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. 503.1 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 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. Classification 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 Classifications(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 (1) the right of an employee, based upon seniority within a series to bump into a lower ranking Classification within the same Series, (2) to be followed by. an employee being permitted to bump into a 7 classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. 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. 503.2 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. (8) 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 following the Department Director's consideration of established performance evaluations. 503.3 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. 503.4 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 re-employment list shall expire in 18 months. 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 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, first class postage prepaid, 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. 503.5 EXPIRATION. This policy shall expire twelve (12) months after approval by the City Council, subject to earlier termination pursuant to a written agreement between the City and any recognized employee association. CIT� Signature NEWPORT BEACH CITY EMPLOYEES ASSOCIATION Date o-147 et �1�91q'J Signature Date Signature Date • • Exhibit #4 MEMORANDUM OF UNDERSTANDING 503. REDUCTIONS IN FORCE/LAYOFFS. The provisions of this section shall apply when the City Manager determines that a reduction in the work lorce 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. 503.1 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 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. Classification 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 Classifications(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 (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does nol possess the minimum qualifications such as specialized education, training or experience. 503.2 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 oft before permanent employees. { B 1 Ernpin“nes within a Classification shall be Laid olf in inverse order of seniority. a •/r • • (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 following consideration of established performance evaulations. In the event at leas) one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 503.3 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. 503.4 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 re-employment list shall expire in 18 months. 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 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, first class postage prepaid, 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. r v 503.5 EXPIRATION. This policy shall expire twelve (12) months after approval by the City Council, subject to earlier termination pursuant to a written agreement between the City and any recognized employee association. NEWPORT BEACH EMPLOYMENT LEAGUE Slgna ILA. 2 zsL�Ys Date Da ct-zo- Cf3 Date -_o -fa Date ,t.t • i 91-92 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPEA(hereinafter referred to as "EMPLOYEES") for the 1991- 1992 fiscal year. B. NBPEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1991-1992 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 30, 1991, subject to approval by the City Council of the City of Newport Beach. 1 ARTICLE I Salaries and Wages Effective July 1, 1991, CITY and NBPEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". ARTICLE 2 Retirement Health Insurance Plan On or about October 1, 1984, the CITY and NBPEA agree to reopen the contract for the purpose of meeting and conferring on the issues of modifying the current health insurance plan and providing a Retiree Health Insurance Plan. Effective July 5, 1986, the CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Plan offered by the City. ARTICLE 3 Employee Assistance Program (EAP) The CITY will contract with a licensed employee assistance provider and maintain a contract with an E.A.P. as a standard employee benefit. • • ARTICLE 4 Scholastic Achievement Plan The Schedule of Payments provision for the NBPEA Scholastic Achievement Plan is as follows: Years 30 Units 60 Units 90 Units BA/BS MA/MS/1D* 2 $48 $48 $48 $48 $48 3 48 96 144 192 192 4 48 96 144 192 240 *Employees currently at the 5th step of the scholastic achievement plan shall be grandfathered, and for all other employees, they shall be limited to 4 steps. ARTICLE 5 Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." 3 ARTICLE 6 The alternate (9/80) work schedule The CITY agrees to adopt the alternate 9/80 schedule as the standard work schedule effective 10/1/1991, for all of the classifications represented by the NBPEA, with the following understandings: a. The 9/80 schedule will be structured to allow for 130 days off during the calendar year. For ten (10) months of the year, eleven (11) days off will be taken and for two (2) months ten (10) days off will be taken. Determination of which of the months ten (10) days off will be taken will be made by the Chief of Police. For the remainder of 1991 the days off will be as previously scheduled for calendar year 1991 with the above formula effective January 1, 1992. b. During the year twenty-six (26) eight (8) hour days will be worked. The eight (8) hour days will be taken at a rate of two (2) per month for ten (10) months and three (3) per month for two (2) months. The eight (8) hour days may be scheduled at any time of the month induding scheduled paid leave time. The eight (8) hour days must be taken monthly and the hours may not be accrued. For the remainder of 1991 a total of seven (7) eight (8) hour days will be scheduled with the above formula effective January 1, 1992. c. The Chief of Police shall have the authority, at his sole discretion, to require any identified position, section or watch to forfeit regular days off in any calendar month. Compensation for forfeited days off shall be compensated at an overtime rate. d. Upon implementation of the 9/80 work schedule, for all represented dasses, "duty incentive (DI)" time shall be eliminated. Any "DI" hours which have been accrued will be converted to flex -leave hours to streamline bookkeeping. e. The Chief of Police may alter the work schedule of any officer assigned to any multi -agency or regional to accommodate the scheduling and deployment needs of the task force. ARTICLE 7 Non -sworn Personnel Shift Differential Effective July 4, 1987, the night shift differential pay for non -sworn personnel shall be increased form $.60 per hour to $.70 per hour. ARTICLE 8 Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the CITY's Indemnity Health Insurance Plan. ARTICLE 9 Health Care Plans Effective July 1, 1989, the CITY agrees to cap its contribution to employee health care plans at $400.00 per month. The CITY also agrees to incorporate 5 new employees into this formula, requiring of them no additional contributions. ARTICLE 10 Medical Advisory Committee Effective July 1, 1989, the CITY shall meet with a medical -dental advisory committee during the month of December, February, and April. The committee shall be comprised of one representative from each bargaining unit and up to 3 management representatives. Committee Advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. ARTICLE 11 Holidays Effective July 5, 1986, and thereafter, new employees hired by the Newport Beach Police Department will be entitled to take ten (10) paid holidays during their first year. After the Police Department employee has completed one year of continuous employment, they will be entitled to one (1) additional paid holiday, bringing the annual total holiday pay entitlement to eleven (11). ARTICLE 12 Holiday Pay Eligibility 6 Employees will be eligible to receive Holiday Pay only after they have been in active paid status for 30 consecutive calendar days. ARTICLE 13 The Retirement Benefit The CITY will modify its contract, for sworn personnel, with P.E.R.S. to allow for the best/highest year calculation. The CITY will pay the total extra cost of the highest year benefit for the first year and phase it into total comp. at the rate of an additional 20% per year until it is 100% included in the total comp. calculation. Employees who elect to do so will be allowed to pay their own P.E.R.S. contribution in their last year of employment. ARTICLE 14 Paid Leave The CITY agrees to eliminate the one shift waiting period, to gain access to sick leave banks, for all employees who are verifiably ill. ARTICLE 15 Tuition Reimbursement 7 Effective July 1, 1990, tuition reimbursement limits will increase from $490.00 per calendar year to $620.00 per calendar year. For non -sworn personnel, the maximum will be increased to $ 1,550 annually. This benefit may now be accessed in a lump sum. ARTICLE 16 Dental Effective July 5, 1986, the annual dental maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE 17 Master Police Officer Recognition Program Effective July 4, 1987, the NBPEA and the CITY have agreed to institute a 'Master Officer Recognition Program (MORP). All monies advanced as a result of MORP shall be paid annually in a lump sum. The MORP shall be comprised of three levels, with progressively higher compensation paid at each level. MASTER OFFICER I Requirements: 1) Minimum service of five (5) years 2) One full year at the "E" step 3) Must have obtained an intermediate POST Certificate, or the educational equivalent. 4) Must have successfully completed one year in a sildaity assignment. 1 • Compensation: MASTER OFFICER II Requirements: Compensation: MASTER OFFICER III Requirements: 5) 6) 7) Must receive and maintain at least a competent rating on their performance evaluation. Must be active and on payroll as of November 30th of each year. Must have returned from specialty assignment to Patrol prior to Master Officer II status. Police Officer "E" step times 5%. 1) 2) 3) 4) 5) 6) 7) Minimum service of eight (8) years as a sworn Newport Beach Police Officer. One hill year at the Master I level. Must have obtained an advanced POST Certificate, or the educational equivalent. Must have successfully completed a full year in a second (separate) specialty assignment. Must receive and maintain at least a competent rating on their performance evaluation. Must be active and on the payroll as of November 30th of each year. Must have returned from the specialty assignment to Patrol prior to Master Officer III status. Police Officer "E" step times 10%. 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 have obtained an advanced POST Certificate or educational equivalent. 4) Must successfully complete a full year in a third (separate) specialty assignment. 5) Must receive and maintain at least a competent rating on their performance evaluation. 6) Must be active and on payroll as of November 30th of each year. 9 Compensation: Police Officer "E" step times 15% if assigned to uniform Patrol. Police Officer "E" step times 12.5% if not assigned to uniform Patrol. Effective January 1,1990, sergeants who have five (5) years of continuous service in rank, will receive a two and one half percent (2 1/2%) pay deferential. In order to establish this program for the benefit of the Members of the NBPEA and the CITY, the following understandings were agreed upon that affect and/or alter items that were agreed to in earlier Memoranda of Understanding: 1. All assignment pays paid to Police/sworn personnel will be relinquished and canceled with the exception of assignment pay for helicopters. However, those accepting helicopter assignment pay are not eligible for the Master Officer Program during their time on helicopters. 2. During the first qualifying period ending November 30, 1987, service time with the City will be considered, however, the time requirements for being at Master I and Master II in order to reach the next level will not be considered. Thus, employees who meet criteria for Master I, II, and III will be given these ranks. 3. For the purpose of calculating J-1 Total Compensation in future years, the CITY will use as a comparison for the Police Officer rank, the compensation of top step Police officer in the J-1 cities. The CITY will determine J-1 Total Compensation for Sergeants by identifying the most populated class of Sergeants in the J-1 cities, and comparing that to the most populated class of Sergeants within Newport Beach. This will continue 10 • • unless there is a significant change in the Master Officer Program in either Newport Beach or in the J-1 cities. 4. All current employees will continue to receive education pay in accord with the present system. Employees hired after the effective date of this Memorandum of Understanding will no longer be eligible for the top step of education pay. This does not apply to Sergeants, Lieutenants and Captains. ARTICLE 19 Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence, shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three days (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. 11 This understanding is not intended in any way to reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified, shall have access to the grievance procedure as established in the 'Employee -Employer' Resolution #71-73. ARTICLE 20 STD/LTD Plan Effective July 2, 1988, the ceiling on insured income under the Short- Term/Long Term Plan will be increased to $7,500 per month for non- industrial claims. The maximum benefit will be up $5,000 per month. Disabilities resulting from industrial injuries will be maintained at the current limit of $2,625 per month, with a maximum benefit of $1,750 per month. When an employee having five years of continuous service, but less than ten with the CITY is on an approved disability leave of absence (up to a maximum of one-year), the CITY will pay one-third of the cost of the employee's insurance premiums (health, dental, life and disability); for an employee with ten years of continuous service, but less than fifteen, the CITY will pay two-thirds of the cost; the CITY will pay the entire cost for an employee with fifteen or more years of continuous of service. ARTICLE 21 Benchmarks 12 t The position of Secretary to the Chief of Police will be added to the bench marks for 1990-91 total compensation comparisons. ARTICLE 22 Police Records Specialist Effective July 1, 1989 the CITY agrees to change the classification titles of "Police Records Assistant" to "Police Records Specialist" ARTICLE 23 The J-1 Policy The City will submit a written proposal intended to clarify the J-1 Policy language to all city employee associations, by either the 1st of September, 1991, or 60 days after the signing of the last M.O.U. (of the 91-92 negotiating season), which ever is later. Following the submission of the City's proposal, authorized City representatives will engage in meet and confer dialog with association representatives in an effort to gain feedback for the City Council as it proceeds toward a 1991 revision of the J-1 Policy. Following the dialog between the representatives of the City and the associations, the City Council shall vote to adopt a revised form of the J-1 Policy before the end of the calendar year. ARTICLE 24 Other Terms and Conditions of Employment 13 I t Except as to those matters expressly covered by this MOU, all terms and conditions of employment may be changed or amended after meeting and conferring, in good faith. ARTICLE 25 Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Articles II and III, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE 26 Duration The terms of this MOU are to remain in full force and effect from the 30th day of June 1991, until the 1st day of July, 1992, and thereafter, from year to year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations 14 r Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE 27 Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of .competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provision of this MOU relating to pay schedule adjustment increases be declared invalid, CITY agrees to provide alternative benefits agreeable to NBPEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 15 • • Executed this 075/etJ day of �/i[[ , 4996° / 99d1 NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION by: by: by: by: by: CITY OF NEWPORT BEACH by: by: by: AS TO FORM: homey By: i7'om Tolman Steve artinez obert J. Dixon // Duane Munson ayo ATTEST: r City Clerk 16 • 89-90 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION 90-91 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPEA(hereinafter referred to as "EMPLOYEES") for the 1990- 1991 fiscal year. B. NBPEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1990-1991 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 30, 1990, subject to approval by the City Council of the City of Newport Beach. 1 89-90 ARTICLE I Salaries and Wages Effective June 30, 1990, CITY and NBPEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". Effective December 29, 1990, there will be an additional increase of 1% for Lieutenants and 1.5% for Captains. ARTICLE 2 Retirement Health Insurance Plan On or about October 1, 1984, the CITY and NBPEA agree to reopen the contract for the purpose of meeting and conferring on the issues of modifying the current health insurance plan and providing a Retiree Health Insurance Plan. Effective July 5, 1986, the CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Plan offered by the City. ARTICLE 3 Employee Assistance Program (EAP) The CITY will contract with a licensed employee assistance provider and maintain a contract with an E.A.P. as a standard employee benefit. 2 • • 89-90 ARTICLE 4 Scholastic Achievement Plan The Schedule of Payments provision for the NBPEA Scholastic Achievement Plan is as follows: Years 30 Units 60 Units 90 Units BA/BS MA/MS/TD* 2 $48 $48 $48 $48 $48 3 48 96 144 192 192 4 48 96 144 192 240 *Employees currently at the 5th step of the scholastic achievement plan shall be grandfathered, and for all other employees, they shall be limited to 4 steps. ARTICLE 5 Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." 3 • • 89-90 ARTICLE 6 "Code 7" Effective July 1, 1989, "Code 7" time shall be compensable for all sworn and uniformed non -sworn personnel. Sworn personnel, jailers, and dispatchers agree to a standard work week of 42.5 hours and a standard work shift of 8.5 hours, with their base wages adjusted accordingly. Overtime pay will be paid for time worked beyond their standard work shift. Overtime pay will be calculated at the rate of 1.5937 times the regular base rate. Sworn personnel, jailers, and dispatchers shall earn one-half (1/2) day per month (6 days per year) paid time off, to be classified as duty incentive time. Sworn personnel shall be allowed 40 minutes for "Code 7". Dispatchers, jailers, and all other non -sworn police personnel are allowed 30 minutes for "Code 7". All other non -sworn personnel, uniform and non -uniform, shall maintain a standard work week of 40 hours and a standard work shift of 8 hours with overtime paid at the rate of 1.5 times their regular base wage for time worked beyond their standard work shift, with exception of sworn personnel, dispatchers and exempt personnel. 4 6 • 89-90 In consideration for the improvements in schedule and compensation described above, the NBPEA agrees to dismiss with prejudice Orange County Superior Court Case Number 240456 as well as any other pending or possible claims for additional "Code 7" compensation that might arise directly or indirectly from the "Madera" decision. The provisions of this article shall be memorialized in a settlement agreement which, to the extent possible, ensures that there will be no further legal challenges to the City's Code 7 policies. NBPEA agrees that the schedule changes and benefits specified in this section bring the CITY's current Code 7 policies into compliance with all State and Federal statutory and decisional law. NBPEA stipulates the CITY is agreeing to the provision of this section with the understanding that the benefits and changes specified herein constitute full and complete satisfaction of all past and present claims, in any way related to the C1TY'S Code 7 policies, as well as full and complete satisfaction for any future claim that is related to this section or the then current Code 7 policies. ARTICLE 7 Non -sworn Personnel Shift Differential Effective July 4, 1987, the night shift differential pay for non -sworn personnel shall be increased form $.60 per hour to $.70 per hour. 5 89-90 ARTICLE 8 Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the CITY's Indemnity Health Insurance Plan. ARTICLE 9 Health Care Plans Effective July 1, 1989, the CITY agrees to cap its contribution to employee health care plans at $400.00 per month. The CITY also agrees to incorporate new employees into this formula, requiring of them no additional contributions. ARTICLE 10 Medical Advisory Committee Effective July 1, 1989, the CITY shall meet with a medical -dental advisory committee during the month of December, February, and April. The committee shall be comprised of one representative from each bargaining unit and up to 3 management representatives. Committee Advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. •t 89-90 ARTICLE 11 Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE 12 Holidays Effective July 5, 1986, and thereafter, new employees hired by the Newport Beach Police Department will be entitled to take ten (10) paid holidays during their first year. After the Police Department employee has completed one year of continuous employment, they will be entitled to one (1) additional paid holiday, bringing the annual total holiday pay entitlement to eleven (11). ARTICLE 13 Holiday Pay Eligibility Employees will be eligible to receive Holiday Pay only after they have been in active paid status for 30 consecutive calendar days. ARTICLE 14 The Retirement Benefit 7 89-90 The CITY will modify its contract, for sworn personnel, with P.E.R.S. to allow for the best/highest year calculation. The CITY will pay the total extra cost of the highest year benefit for the first year and phase it into total comp. at the rate of an additional 20% per year until it is 100% included in the total comp. calculation. Employees who elect to do so will be allowed to pay their own P.E.R.S. contribution in their last year of employment. ARTICLE 15 Paid Leave The CITY agrees to modify the current policies regarding access to banked sick leave, within the flexible paid leave system, by reducing the waiting period for eligibility to one (1) shift per illness. ARTICLE 16 Tuition Reimbursement Effective July 1, 1990, tuition reimbursement limits will increase from $490.00 per calendar year to $620.00 per calendar year. For non -sworn personnel, the maximum will be increased to $ 1,550 annually. This benefit may now be accessed in a lump sum. ARTICLE 17 Dental Effective July 5, 1986, the annual dental maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 } • • 89-90 ARTICLE 18 Master Police Officer Recognition Program Effective July 4, 1987, the NBPEA and the CITY have agreed to institute a 'Master Officer Recognition Program (MORP). All monies advanced as a result of MORP shall be paid annually in a lump sum. The MORP shall be comprised of three levels, with progressively higher compensation paid at each level. MASTER OFFICER I Requirements: 1) Minimum service of five (5) years 2) One full year at the "E" step 3) Must have obtained an intermediate POST Certificate, or the educational equivalent. 4) Must have successfully completed one year in a specialty assignment. 5) Must receive and maintain at least a competent rating on their performance evaluation. 6) Must be active and on payroll as of November 30th of each year. 7) Must have returned from specialty assignment to Patrol prior to Master Officer 11 status. Compensation: Police Officer "E" step times 5%. MASTER OFFICER 11 9 89-90 Requirements: Compensation: MASTER OFFICER III Requirements: 1) Minimum service of eight (8) years as a sworn Newport Beach Police Officer. 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 performance evaluation. 6) Must be active 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. Police Officer "E" step times 10%. 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 have obtained an advanced POST Certificate or educational equivalent. 4) Must successfully complete a full year in a third (separate) specialty assignment. 5) Must receive and maintain at least a competent rating on their performance evaluation. 6) Must be active and on payroll as of November 30th of each year. Compensation: - Police Officer "E" step times 15% if assigned to uniform Patrol. Police Officer "E" step times 12.5% if not assigned to uniform Patrol. Effective January 1,1990, sergeants who have five (5) years of continuous service in rank, will receive a two and one half percent (2 1/2%) pay deferential. In order to establish this program for the benefit of the Members of the NBPEA and the CITY, the following understandings were agreed upon that 10 89-90 affect and/or alter items that were agreed to in earlier Memoranda of Understanding: 1. All assignment pays paid to Police/sworn personnel will be relinquished and canceled with the exception of assignment pay for helicopters. However, those accepting helicopter assignment pay are not eligible for the Master Officer Program during their time on helicopters. 2. During the first qualifying period ending November 30, 1987, service time with the City will be considered, however, the time requirements for being at Master I and Master II in order to reach the next level will not be considered. Thus, employees who meet criteria for Master I, II, and III will be given these ranks. 3. For the purpose of calculating J-1 Total Compensation in future years, the CITY will use as a comparison for the Police Officer rank, the compensation of top step Police officer in the J-1 cities. The CITY will determine J-1 Total Compensation for Sergeants by identifying the most populated class of Sergeants in the J-1 cities, and comparing that to the most populated class of Sergeants within Newport Beach. This will continue unless there is a significant change in the Master Officer Program in either Newport Beach or in the J-1 cities. 4. All current employees will continue to receive education pay in accord with the present system. Employees hired after the effective date of this Memorandum of Understanding will no longer be eligible for the top step of education pay. This does not apply to Sergeants, Lieutenants and Captains. ARTICLE 20 11 89-90 Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence, shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three days (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended in any way to reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified, shall have access to the grievance procedure as established in the 'Employee -Employer' Resolution #71-73. ARTICLE 21 STD/LTD Plan 12 89-90 Effective July 2, 1988, the ceiling on insured income under the Short- Term/Long Term Plan will be increased to $7,500 per month for non- industrial claims. The maximum benefit will be up $5,000 per month. Disabilities resulting from industrial injuries will be maintained at the current limit of $2,625 per month, with a maximum benefit of $1,750 per month. When an employee having five years of continuous service, but less than ten with the CITY is on an approved disability leave of absence (up to a maximum of one-year), the CITY will pay one-third of the cost of the employee's insurance premiums (health, dental, life and disability); for an employee with ten years of continuous service, but less than fifteen, the CITY will pay two-thirds of the cost; the CITY will pay the entire cost for an employee with fifteen or more years of continuous of service. ARTICLE 22 Benchmarks The position of Secretary to the Chief of Police will be added to the bench marks for 1990-91 total compensation comparisons. ARTICLE 23 Police Records Specialist Effective July 1, 1989 the CITY agrees to change the classification titles of "Police Records Assistant" to "Police Records Specialist" ARTICLE 24 13 89-90 Other Terms and Conditions of Employment Except as to those matters expressly covered by this MOU, all terms and conditions of employment may be changed or amended after meeting and conferring, in good faith. ARTICLE 25 Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Articles II and III, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE 26 Duration The terms of this MOU are to remain in full force and effect from the 30th day of June 1990, until the 1st day of July, 1991, and thereafter, from year to year, unless within the time frame and in the manner designated in Section 13, 14 89-90 Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE 27 Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provision of this MOU relating to pay schedule adjustment increases be declared invalid, CITY agrees to provide alternative benefits agreeable to NBPEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 15 • 89-90 Executed this day of 49.1e, • , 1990 NEWPORT BEACH POLICE EOYEES ASS �r ON by: by: by: by: CITY OF NEWPORT BEACH by: by: t/ Duane K. Mun APP • VED AS TO FORM: teve Van Horn James Carson Ste : Martinez Q�ss r1. 7t6,u o Jaynie Ruetz ity Attorney B AI 1'EST: ��s; 16 City Clerk /410 /AFL" 10 "y a. 1 1990-91 EXHIBIT "A" CO POLICE CLASSIFICATION CLASS CODE MONTHLY SALARY RANGE A. °AtOLICE CAPTAIN 2-000 5193- 6312 POLICE LIEUTENANT 2-005 4465- 5427 POLICE OFFICER 2-010 2926- 3556 POLICE SERGEANT 2-015 3726- 4529 POLICE DETECTIVE 2-020 2926- 3556 POLICE RECRUIT 2-090 2530- ANIMAL CONTROL OFFICER 2-100 2322- 2622 ANIMAL CONTROL OFFICER, SR. 2-103 2688- 3267 CIVILIAN TRAFFIC SUPERVISOR 2-104 3054- 3713 CUSTODY OFFICER 2-105 2335- 2838 CUSTODY OFFICER, SENIOR 2-107 2703- 3285 PARKING CONTROL OFFICER 2-114 1976- 2402 PARKING CONTROL OFCR., SENIOR 2-115 2198- 2672 POLICE COMMUNICATIONS SUPERVSR 2-117 3055- 3713 POLICE COMMUNITY SERVICES OFCR 2-118 1976- 2402 POLICE DISPATCHER 2-119 2369- 2880 POLICE DISPATCHER, SENIOR 2-120 2743- 3334 POLICE PHOTO I.D. TECHNICIAN 2-121 2582- 3138 POLICE RECORDS SPECIALIST 2-122 1775- 2157 POLICE RECORDS SPECIALIST, SR. 2-124 1996- 2426 POLICE RECORDS SUPERVISOR .2-127 3127- 3801 POLICE COMPUTER SYSTEMS MGR. 2-128 4213- 5121 RANGEMASTER-ARMORER 2-130 2319- 2819 SECRETARY, POLICE 2-132 1960- 2383 SECRETARY TO POLICE CHIEF 2-135 2207- 2683 13OLICE +41/ 1990-91 EXHIBIT "A" CLASSIFICATION CLASS CODE x, "STATION OFFICER 2-140 VIDEO PRODUCER 2-160 MONTHLY SALARY RANGE 2322- 2822 3004- 3651 NON -SWORN EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.70 PER HOUR NIGHT DIFFERENTIAL PAY. • • C-2ts4 89-90 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION 89-90 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPEA(hereinafter referred to as "EMPLOYEES") for the 1989- 1990 fiscal year. B. NBPEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1989-1990 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 1, 1989, subject to approval by the City Council of the City of Newport Beach. 1 89-90 ARTICLE I Salaries and Wages Effective July 1, 1989, CITY and NBPEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". ARTICLE 2 Retirement Health Insurance Plan On or about October 1, 1984, the CITY and NBPEA agree to reopen the contract for the purpose of meeting and conferring on the issues of modifying the current health insurance plan and providing a Retiree Health Insurance Plan. Effective July 5, 1986, the CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Plan offered by the City. ARTICLE 3 Employee Assistance Program (EAP) The CITY will contract with a licensed employee assistance provider and maintain a contract with an E.A.P. as a standard employee benefit. 2 89-90 ARTICLE 4 Scholastic Achievement Plan Effective July 4, 1987, CITY shall amend Schedule of Payments provision for the NBPEA Scholastic Achievement Plan, as follows: Years 30 Units 60 Units 90 Units BA/BS MA/MS/ID* 2 $48 $48 $48 $48 $48 3 48 96 144 192 192 4 48 96 144 192 240 *Employees currently at the 5th step of the scholastic achievement plan shall be grandfathered, and for all other employees, they shall be limited to 4 steps. ARTICLE 5 Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." 3 89-90 ARTICLE 6 "Code 7" Effective July 1, 1989, "Code 7" time shall be compensable for all sworn and uniformed non -sworn personnel. Sworn personnel, jailers, and dispatchers agree to a standard work week of 42.5 hours and a standard work shift of 8.5 hours, with their base wages adjusted accordingly. Overtime pay will be paid for time worked beyond their standard work shift. Overtime pay will be calculated at the rate of 1.5937 times the regular base rate. Sworn personnel, jailers, and dispatchers shall earn one-half (1/2) day per month (6 days per year) paid time off, to be dassified as duty incentive time. Sworn personnel shall be allowed 40 minutes for "Code 7". Dispatchers, jailers, and all other non -sworn police personnel are allowed 30 minutes for "Code 7". All other non -sworn personnel, uniform and non -uniform, shall maintain a standard work week of 40 hours and a standard work shift of 8 hours with overtime paid at the rate of 1.5 times their regular base wage for time worked beyond their standard work shift, with exception of sworn personnel, dispatchers and exempt personnel. 4 • • 89-90 In consideration for the improvements in schedule and compensation described above, the NBPEA agrees to dismiss with prejudice Orange County Superior Court Case Number 240456 as well as any other pending or possible claims for additional "Code 7" compensation that might arise directly or indirectly from the "Madera" decision. The provisions of this article shall be memorialized in a settlement agreement which, to the extent possible, ensures that there will be no further legal challenges to the City's Code 7 policies. NBPEA agrees that the schedule changes and benefits specified in this section bring the CITY's current Code 7 policies into compliance with all State and Federal statutory and decisional law. NBPEA stipulates the CITY is agreeing to the provision of this section with the understanding that the benefits and changes specified herein constitute full and complete satisfaction of all past and present claims, in any way related to the CITY'S Code 7 policies, as well as full and complete satisfaction for any future claim that is related to this section or the then current Code 7 policies. ARTICLE 7 Non -sworn Personnel Shift Differential Effective July 4, 1987, the night shift differential pay for non -sworn personnel shall be increased form $.60 per hour to $.70 per hour. 5 89-90 ARTICLE 8 Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the CITY's Indemnity Health Insurance Plan. ARTICLE 9 Health Care Plans Effective July 1, 1989,the CITY agrees to cap its contribution to employee health care plans at $400.00 per month. The CITY also agrees to incorporate new employees into this formula, requiring of them no additional contributions. ARTICLE 10 Medical Advisory Committee Effective July 1, 1989, the CITY shall meet with a medical -dental advisory committee during the month of December, February, and April. The committee shall be comprised of one representative from each bargaining unit and up to 3 management representatives. Committee Advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. i • • 89-90 ARTICLE 11 Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE 12 Holidays Effective July 5, 1986, and thereafter, new employees hired by the Newport Beach Police Department will be entitled to take ten (10) paid holidays during their first year. After the Police Department employee has completed one year of continuous employment, they will be entitled to one (1) additional paid holiday, bringing the annual total holiday pay entitlement to eleven (11). ARTICLE 13 Holiday Pay Eligibility Employees will be eligible to receive Holiday Pay only after they have been in active paid status for 30 consecutive calendar days. ARTICLE 14 The Retirement Benefit The CITY will modify its contract, for sworn personnel, with P.E.R.S. to allow for the best/highest year calculation. The CITY will pay the total extra cost of 7 89-90 the highest year benefit for the first year and phase it into total comp. at the rate of an additional 20% per year until it is 100% included in the total comp. calculation. Employees who elect to do so will be allowed to pay their own P.E.R.S. contribution in their last year of employment. For non -sworn personnel this benefit will be implemented, on the basis described above, as soon as all miscellaneous groups have agreed to accept this benefit. ARTICLE 15 Paid Leave The CITY agrees to modify the current policies regarding sick and vacation leave into a flexible paid leave policy. (detailed procedure attached in appendix "B") ARTICLE 16 Sick Leave Conversion Effective July 4, 1987, employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 40 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once a year) to convert up to six days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash value shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. 8 89-90 ARTICLE 17 Tuition Reimbursement Effective July 4, 1987, tuition reimbursement limits will increase by 40% from $350.00 per calendar year to $490.00 per calendar year. ARTICLE 18 Dental Effective July 5, 1986, the annual dental maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE 19 Master Police Officer Recognition Program Effective July 4, 1987, the NBPEA and the CITY have agreed to institute a 'Master Officer Recognition Program (MORP). All monies advanced as a result of MORP shall be paid annually in a lump sum. The MORP shall be comprised of three levels, with progressively higher compensation paid at each level. MASTER OFFICER I Requirements: 1) Minimum service of five (5) years 2) One full year at the "E" step 9 89-90 Compensation: MASTER OFFICER II Requirements: Compensation: MASTER OFFICER III Requirements: 3) 4) 5) 6) 7) Must have obtained an intermediate POST Certificate, or the educational equivalent. Must have successfully completed one year in a specialty assignment. Must receive and maintain at least a competent rating on their performance evaluation. Must be active and on payroll as of November 30th of each year. Must have returned from specialty assignment to Patrol prior to Master Officer II status. Police Officer "E" step times 5%. 1) Minimum service of eight (8) years as a sworn Newport Beach Police Officer. 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 performance evaluation. 6) Must be active 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. Police Officer "E" step times 10%. 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 have obtained an advanced POST Certificate or educational equivalent. 4) Must successfully complete a full year in a third (separate) specialty assignment. 10 .4. 89-90 5) Must receive and maintain at least a competent rating on their performance evaluation. 6) Must be active and on payroll as of November 30th of each year. Compensation: Police Officer "E" step times 15% if assigned to uniform Patrol. - Police Officer "E" step times 12.5% if not assigned to uniform Patrol. Effective January 1,1990, sergeants who have five (5) years of continuous service in rank, will receive a two and one half percent (2 1/2%) pay deferential. In order to establish this program for the benefit of the Members of the NBPEA and the CITY, the following understandings were agreed upon that affect and/or alter items that were agreed to in earlier Memoranda of Understanding: 1. All assignment pays paid to Police/sworn personnel will be relinquished and canceled with the exception of assignment pay for helicopters. However, those accepting helicopter assignment pay are not eligible for the Master Officer Program during their time on helicopters. 2. During the first qualifying period ending November 30, 1987, service time with the City will be considered, however, the time requirements for being at Master I and Master II in order to reach the next level will not be considered. Thus, employees who meet criteria for Master I, II, and III will be given these ranks. 3. For the Fiscal Year 1987/1988, Police Sworn employees will receive Total Compensation of 4%. The balance will be used to fund the Master Officer Program. 11 • 4-4 ' t 89-90 4. Sergeants will receive the J-1 Total Compensation plus and an additional 3% in salary in 1988-89 Fiscal Year. 5. For the purpose of calculating J-1 Total Compensation in future years, the CITY will use as a comparison for the Police Officer rank, the compensation of Master Officer III in the top three J-1 cities. This will continue unless there is a significant change in the Master Officer Program in either Newport Beach or in the J-1 cities. 6. All current employees will continue to receive education pay in accord with the present system. Employees hired after the effective date of this Memorandum of Understanding will no longer be eligible for the top step of education pay. This does not apply to Sergeants, Lieutenants and Captains. ARTICLE 20 Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence, shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also indude the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid 12 • • 89-90 suspension of three days (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended in any way to reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified, shall have access to the grievance procedure as established in the 'Employee -Employer' Resolution #71-73. ARTICLE 21 STD/LTD Plan Effective July 2, 1988, the ceiling on insured income under the Short- Term/Long Term Plan will be increased to $7,500 per month for non- industrial claims. The maximum benefit will be up $5,000 per month. Disabilities resulting from industrial injuries will be maintained at the current limit of $2,625 per month, with a maximum benefit of $1,750 per month. ARTICLE 22 Benchmarks The position of Secretary to the Chief of Police will be added to the bench marks for 1990-91 total compensation comparisons. 13 • 89-90 ARTICLE 23 Police Records Specialist Effective July 1, 1989 the CITY agrees to change the classification titles of "Police Records Assistant" to "Police Records Specialist" ARTICLE 24 Other Terms and Conditions of Employment Except as to those matters expressly covered by this MOU, all terms and conditions of employment may be changed or amended after meeting and conferring, in good faith. ARTICLE 25 Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Articles II and III, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. 14 89-90 ARTICLE 26 Duration The terms of this MOU are to remain in full force and effect from the 1st day of July 1989, until the 29th day of June, 1990, and thereafter, from year to year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE 27 Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provision of this MOU relating to pay schedule adjustment increases be declared invalid, CITY agrees to provide alternative benefits agreeable to NBPEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 15 89-90 Executed this • 'lay of 12e' t, 1989 • NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION by: ,``- \X tt L Douglas Parmentier by: by: by: by: CITY OF NEWPORT BEACH by: by: by: APB" OVED AS TO FORM: ity Attorney John Hud I/ Sea Michae McDo M*ugh By: ATTEST: 16 Larson Fit it- 62 -S? a = in Lopez Burkhart Duane K. M b nson Mayor City Clerk PAID LEAVE PROPOSAL POLICE EMPLOYEES 702.3. Basis for Paid Leave accrual/Full-time Employees Effective January 1, 1990, permanent full-time employees, other than those represented by the Firefighters Association, will earn paid leave according to the following schedule: Years of continuous service Accrual per Accrual per month/hours pay period/hours 1 but less than 5 12.67 5.85 5 but less than 9 14 6.46 9 but less than 12 15.33 7.08 12 but less than 16 16.67 7.70 16 but less than 20 18 8.31 20 but less than 25 19.33 8.92 25 and over 20.67 9.54 During the first six months of employment, new permanent full-time employees will not accrue paid leave. At the completion of six months of employment 72 hours of paid leave will be placed in the employees account. From months six through 12 of employment, the accrual rate will be 12 hours per month. Employees who are assigned to a 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to 72 hours of paid leave time to be used for illnesses only. If the employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of paid leave days advanced from the employee's final check. Any paid leave time advanced during the first six months of employment will, at the option of the employee, be subtracted from either the employee's sixth month check or from the 72 hours of accrual placed in the employee's account upon completion of six months employment. 702.3a Transisition Period. On January 1, 1990 existing accrued vacation time will become paid leave on an hour for hour basis. Existing sick leave will be "banked". Sick leave that is banked will be subject to the same rules for use as are presently in effect with the exception that after the July 1, 1990, "banked" sick leave may only be r7 accessed for unscheduled absences of greater than 16 hours. The first 16 hours must be taken from paid leave. The term "same rules" indudes the existing provisions for payoff of unused sick leave at termination of employment. 702.4 Limit on Accumulation Employees may accrue paid leave up to an accumulated total equal to three years accrual Example: an employee with 10 years of service may accrue a total of 552 hours (15.33 hours x 36 months). Any paid leave earned in excess of this level will be paid on an hour for hour basis in cash at the employees hourly rate of pay. 702.5 Method of Use Paid leave may not be taken in excess of that actually accrued and in no case except for entry level Police Officers, may it be taken prior to the completion of an employee's initial probationary period, except for illness. Entry level Police Officers may use scheduled paid leave only after the completion of the initial twelve (12) months of employment. The Department Director shall approve all requests for scheduled paid leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. Paid leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. 702.6 Payment upon Termination Any employee who accrued paid leave and whose employment terminates shall be compensated for such accrued paid leave at the hourly equivalent of the salary he/she was receiving at the time of termination. As noted in 702.3a, time accumulated in an employee's sick leave bank will be paid off according to the schedule now in effect. 704. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions except sworn Police Personnel, Fire personnel represented by the Firefighters Association, Marine Safety employees represented by the Ocean Lifeguard Association, and other personnel whose work assignments, in the judgment of the Department Director require their presence on the job. For each designated holiday, except the Floating Holiday, such excepted personnel shall receive an equivalent • • • number of hours of paid leave or equivalent pay whichever in the judgment of the Department Director best serves the interest of the Department. Independence Day July 4 Labor Day 1st Monday in September Columbus Day Floating Holiday Veterans'Day November 11 Thanksgiving Day 4th Thursday in November Friday following Thanksgiving Christmas Eve Last Half of Working Day Christmas December 25 New Year's Eve Last Half of Working Day New Year's Day January 1 Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on a Sunday, the following Monday will be observed instead. If Christmas Eve and New Year's Eve occurs on a Saturday or Sunday, the employee shall receive four hours of paid leave added to his/her accumulated total. When any other designated holiday occurs on a Saturday, the employee shall receive an additional eight (8) hours of paid leave added to his/her accumulated total. Disability Insurance Under the paid leave program the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. '4 • R 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Acccrued leave (sick or paid or combination) of 160 hours but less than 280 hours - 50% paid. Accrued leave (sick or paid or combination) of 280 hours or more - 100% paid. ao . -w • • POLICE CLASSIFICATION EXHIBIT "A" CLASS CODE MONTHLY SALARY RANGE POLICE CAPTAIN 2-000 4834 - 5876 POLICE LIEUTENANT 2-005 4155 - 5050 POLICE OFFICER 2-010 2723 - 3310 POLICE SERGEANT 2-015 3468 - 4215 POLICE DETECTIVE 2-020 2723 - 3310 POLICE RECRUIT 2-090 2330 - ANIMAL CONTROL OFFICER 2-100 2105 - 2560 CUSTODIAL OFFICER 2-105 2118 - 2575 EMERGENCY EQUIPMENT DISPATCHER 2-108 2149 - 2613 PARKING CONTROL OFFICER 2-115 1792 - 2179 PARKING CONTROL SUPERVISOR 2-116 2075 - 2523 POLICE RECORDS ASSISTANT 2-120 1610 - 1957 RANGEMASTER-ARMORER 2-130 2103 - 2557 SECRETARY 2-132 1778 - 2161 SECRETARY TO POLICE CHIEF 2-135 2002 - 2434 SENIOR ANIMAL CONTROL OFFICER 2-136 2438 - 2963 SENIOR EMERGENCY EQUIP DISPATCHER 2-137 2487 - 3024 SENIOR POLICE RECORDS ASSISTANT 2-138 1810 - 2200 STATION OFFICER 2-140 2105 - 2560 NON -SWORN EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.70 PER HOUR NIGHT DIFFERENTIAL PAY. bl l • • SWORN NBPEA Code 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours fringe benefits and other terms and conditions of employment of employees represented by NBPEA (hereinafter referred to as "EMPLOYEES") for the 198a--19&& fiscal year. It P / B. NBPEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for. the 1983-19&B fiscal year. Pri Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 4, 1987, subject to approval by the City Council of the City of Newport Beach. ARTICLE I Salaries and Wage Effective July 4, 1987, CITY and NBPEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A^. ARTICLE II Retirement Health Insurance Plan On or about October 1, 1984, the CITY and NBPEA agree to reopen the contract for the purpose of meeting and conferring on the issues of modifying the current health insurance plan and providing a Retiree Health Insurance Plan. Effective July 5, 1986, the CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Plan offered by the City. ARTICLE III Employee Assistance Program (EAP) The City will contract with a licensed employee assistance provider and maintain a contract with an E.A.P. as a standard employee benefit. ARTICLE IV Scholastic Achievement Plan Effective July 4, 1987, CITY shall amend Schedule of Payments provision for the NBPEA Scholastic Achievement Plan, as follows: Years 30 Units 60 Units 90 Units $A/BS MA/MS/JD* 2 $48 $48 $48 $48 $48 3 48 96 144 192 192 4 48 96 144 192 240 Employees currently at the 5th step of the scholastic achievement plan shall be grandfathered, and for all other employees, they shall be limited to 4 steps ARTICLE V Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." 3 ARTICLE VI "Code 7" Effective July 1, 1985, "Code 7" time shall be compensable for all uniform sworn and non -sworn personnel. Uniform sworn personnel and dispatchers agree t a standard workweek of 42.5 hours and a standard workshift of 8.5 hours, with their base wages adjusted accordingly. Overtime pay will be paid for time worked beyond their standard workshift. Overtime pay will be calculated at the rate of 1.5937 times the regular base rate. Uniform sworn personnel and dispatchers shall earn one-half (1/2) day per month (6 days per year) paid time off, to be classified as duty incentive time. Uniform sworn personnel shall be allowed 45 minutes for "Code 7". Dispatchers and all other Police personnel are allowed 30 minutes for "Code 7". All Police personnel, sworn and non -sworn, uniform and non- uniform, shall maintain a standard work week of 40 hours and a standard workshift of 8 hours with overtime paid at the rate of 1.5 times their regular base wage for time worked beyond their standard workshift, with exception of uniform sworn, dispatchers and exempt personnel. 9 • • In consideration for the improvements in schedule and compensation described above, the NBPEA agrees to dismiss with prejudice Orange County Superior Court Case Number 240456 as well as any other pending or possible claims for additional "Code 7" compensation that might arise directly or indirectly from the "Madera" decision. The provisions of this article shall be memorialized in a settlement agreement which, to the extent possible, ensures that there will be no further legal challenges to the City's Code 7 polices. NBPEA agrees that the schedule changes and benefits specified in this section bring the City's current Code 7 policies into compliance with all State and Federal statutory and decisional law. NBPEA stipulates the City is agreeing to the provision of this section with the understanding that the benefits and changes specified herein constitute full and complete satisfaction of all past and present claims, in any way related to the city's Code 7 policies, as well as full and complete satisfaction for any future claim that is related to this section or the then current Code 7 policies. ARTICLE VI Non -sworn Personnel Shift Differential Effective July 4, 1987, the night shift differential pay for non -sworn personnel shall be increased from $.60 per hour to $.70 per hour. S • • ARTICLE VIII Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the City's Indemnity Health Insurance Plan. ARTICLE VIX Dependent Medical Insurance Premiums Full-time, regular employees hired on or father July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the premium cost associated with the dependent coverage in accordance with their time in service to the CITY Health coverage cost for new employees in the indemnity plan will be as follows: Employee plus two: 1st year $120; 2nd year $80, 3rd year 40. Employee plus two: 1st year $60; 2nd year $40, 3rd year $20. New employees enrolled in HMO's will be charged: Employee plus two: 1st year $60; 2nd year $40, 3rd year $20. Employee plus one: 1st year $30; 2nd year $20, 3rd year $10. 4th year, plus - the employee will receive the same dependent health benefit percentage covered by the CITY as as all full, time regular employees hired before 7/5/86. Lateral Police Officers hired by the Newport Beach Police Department with previous police officer service with another Police Department will receive a 50% service credit toward the payment of dependent coverage. 6 • • ARTICLE X Administration of Health Maintenance Organization Contracts The NBPEA authorizes the CITY's Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied. 1.) The new provider must have a service reputation equal to, or better than the incumbent provider. 2.) The new provider must have as many or more facilities than the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE XI Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. 7 ( ARTICLE XII Holidays Effective July 5, 1986, and thereafter, new employees hired by the Newport Beach Police Department will be entitled to take ten (10) paid holidays during their first year. After the Police Department employee has completed one year of continuous employment, they will be entitled to one (10 additional paid holiday, bringing the annual total holiday pay entitlement to eleven (11). ARTICLE XIII Holiday Pay Eligibility Employees will be eligible to receive Holiday Pay only after they have been in active paid status for 30 consecutive calendar days. ARTICLE XIV Retirement Option Effective July 4, 1987, employees may, at their option, elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contributions, currently paid directly to PERS by the CITY, to the employee's gross pay and deduct that amount from their paycheck to be paid to PERS as is required by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. ARTICLE XV Sick Leave Conversion Effective July 4, 1987, employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 40 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once a year) to convert up to six days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash value shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. ARTICLE XVI Family Sick Leave Policy Effective July 4, 1987, the eligibility definition for 'Family Sick Leave' will be changed from 'immediate family' to 'dependant'. • • ARTICLE XVII Tuition Reimbursement Effective July 4, 1987, tuition reimbursement limits will increase by 40% from $350.00 per calendar year to $490.00 per calendar year. ARTICLE XVIII Dental Effective July 5, 1986, the annual dental maximum benefit under the indemnity dental plan will be increased from $750.00 to $1000.00. ARTICLE XIX Master Police officer Recognition Program Effective July 4, 1987, the NBPEA and the City have agreed to institute a 'Master Officer Recognition Program' (M.O.R.P.). All monies advanced as a result of MORP shall be paid annually in a lump sum. The MORP shall be comprised of three levels, with prog- ressively higher compensation paid at each level. /0 MASTER OFFICER I Requirements: 1.) Minimum service of five (5) years 2.) One full year at the "E" step 3.) Must have obtained an intermediate POST certificate, or the educational equivalent. 4.) Must have successfully completed one year in a specialty assignment. 5.) Must receive and maintain at least a competent rating on their performance evaluation. 6.) Must be active and on payroll as of November 30th of each year. 7.) Must have returned from speciality assignment to Patrol prior to Master Officer II status. Compensation: Police Officer "E" step times 5%. MASTER OFFICER II Requirements: 1.) Minimum service of eight (8) years as a sworn Newport Beach Police Officer. 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 performance evaluation. 6.) Must be active 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: Police officer "E" step times 10%. // MASTER OFFICER III Requirements: 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 have obtained an advanced POST certificate or educational equivalent. 4.) Must successfully completed a full year in a third (separate) specialty assignment. 5.) Must receive and maintain at least a competent rating on their performance evaluation. 6.) Must be active and on payroll as of November 30th of each year. Compensation: - Police Officer "E" Step times 15% if assigned to uniform Patrol. - Police Officer "E" step times 12.5% if not assigned to uniform Patrol. In order to establish this program for the benefit of the Members of the NBPEA and the City, the following understandings were agreed upon that affect and/or alter items that were agreed to in earlier Memoranda of Understanding: 1. All assignment pays paid to Police/sworn personnel will be relinquished and canceled with the exception of assignment pay for helicopters. However, those accepting helicopter assignment pay are not eligible for the master Officer Program during their time on helicopters. 2. During the first qualifying period ending November 30, 1987, service time with the City will be considered, however, the time requirements for being at Master I and Master II in order to reach the next level will not be considered. Thus, employees who meet criteria for Master I, II, and III will be given these ranks. 3. For the Fiscal Year 1987/1988, Police Sworn employees will receive Total Compensation of 4%. The balance will be used to fund the Master Officer Program. 4. Sergeants will receive the J-1 Total Compensation plus and additional 3% in salary in 1988-89 Fiscal Year. 5. For the purpose of calculating J-1 Total Compensation in future years, the City will use as a comparison for the Police Officer rank, the compensation of Master Officer III in the top three J-1 cities. This will continue unless there is a significant change in the Master Officer Program in either Newport Beach or in the J-1 cities. 6. All current employees will continue to receive education pay in accord with the present system. Employees hired after the effective date of this Memorandum of Understanding will no longer be eligible for the top step of education pay. This does not apply to Sergeants, Lieutenants, and Captains. /3 ARTICLE XX Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence, shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three days (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non - substantial and will not be subject to the aforementioned procedure. This understanding is not intended in any way to reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified, shall have access to the grievance procedure as established in the 'Employee -Employers Resolution #7173. ARTICLE XXI STD/LTD Plan Effective July 2, 1988, the ceiling on insured income under the short-term/Long-Term Plan will be increased to $7500 per month for non -industrial claims. The maximum benefit will be up to $5000 per month. Disabilities resulting from industrial injuries will be maintained at the current limited of $2625 per month, with a maximum benefit of $1,750 per month. ARTICLE XXII Paid Leave The City agrees to meet with representatives of the Employee Groups and a spokesperson for the non -represented employees to discuss and conceptually formulate a proposal for a consistent paid leave policy for the City. ARTICLE XXIII Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. /6" • • ARTICLE XXIV Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Articles II and III, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE XXV Duration The terms of this MOU are to remain in full force and effect /76 from th e4th day of July 198g, until the 1st day of July, 19 and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. /L • • ARTICLE XXVI Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provision of this MOU relating to pay schedule adjustment increases be declared invalid, CITY agrees to provide alternative benefits agreeable to NBPEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. /7 A ,fir i a' Executed this , 1988. NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION By By ichai cD By By �/ Nelson e gur< son CITY OF By By By APPROVRD AS TO FORM: By ty Atttrney City of Newport Beach /8 ti hNrit POLICE EXHIBIT "A" CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE POLICE CAPTAIN 2-000 4693- 5704 POLICE LIEUTENANT 2-005 4034- 4904 POLICE OFFICER 2-010 2644- 3214 POLICE SERGEANT 2-015 3367- 4092 POLICE DETECTIVE 2-020 2644- 3214 POLICE RECRUIT 2-090 2262- ANIMAL CONTROL OFFICER 2-100 2023- 2459 CUSTODIAL OFFICER 2-105 2035- 2474 EMERGENCY EQUIPMENT DISPATCHER 2-108 2065- 2510 PARKING CONTROL OFFICER 2-115 1722- 2093 PARKING CONTROL SUPERVISOR 2-116 1994- 2423 POLICE RECORDS ASSISTANT 2-120 1547- 1880 RANGEMASTER-ARMORER 2-130 2021- 2457 SECRETARY 2-132 1708- 2076 SECRETARY TO POLICE CHIEF 2-135 1887- 2294 SENIOR ANIMAL CONTROL OFFICER 2-136 2342- 2847 SENIOR EMRGNCY EQUIP DISPATCHR 2-137 2390- 2905 SR POLICE RECORDS ASSISTANT 2-138 1739- 2114 STATION OFFICER 2-140 2023- 2459 NON -SWORN EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.70 PER HOUR NIGHT DIFFERENTIAL PAY. /9 SWORN NBPEA Ode 2 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: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPEA (hereinafter referred to as "EMPLOYEES") for the 1987-1988 fiscal year. B. NBPEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1987-1988 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 4, 1987, subject to approval by the City Council of the City of Newport Beach. -2- ARTICLE I Salaries and Wage Effective July 4, 1987, CITY and NBPEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II Retirement Health Insurance Plan On or about October 1, 1984, the CITY and NBPEA agreed to reopen the contract for the purpose of meeting and conferring on the issues of modifying the current health insurance plan and providing a Retiree Health Insurance Plan. Effective July 5, 1986, the CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Plan offered by the City. ARTICLE III Employee Assistance Program (RAP) The CITY conducted a feasibility study on the issue of providing an Employee Assistance Program (EAP). On January 1, 1985, The City contracted with O.C.E.A.N., located at 2110 E. First Street, Ste. 120, Santa Ana, California 92705, for the purpose of providing an Employee Assistance Program. -3- ARTICLE IV Scholastic Achievement Plan Effective July 4, 1987, CITY shall amend Schedule of Payments provision for the NBPEA Scholastic Achievement Plan, as follows: Years 30 Units 60 Units 90 Units BA/BS MA/MS/JD* 2 $48 $48 $48 $48 $48 3 48 96 144 192 192 4 48 96 144 192 240 *Employees currently at the 5th step of the scholastic achievement plan shall be grandfathered, and for all other employees, they shall be limited to 4 steps. ARTICLE V Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." -4- ARTICLE VI "Code 7" Effective July 1, 1985, "Code 7" time shall be compensable for all uniformed sworn and non -sworn personnel. Uniformed sworn personnel and dispatchers agree to a standard workweek of 42.5 hours and a standard workshift of 8.5 hours, with their base wages adjusted accordingly. Overtime pay will be paid for time worked beyond their standard workshift. Overtime pay will be calculated at the rate of 1.5937 times the regular base rate. Uniformed sworn personnel and dispatchers shall earn one- half (1/2) day per month (6 days per year) paid time off, to be classified as as duty incentive time. Uniformed sworn personnel shall be allowed 43 minutes for "Code 7". Dispatchers and all other Police personnel are allowed 30 minutes for "Code 7". All Police personnel, sworn and non -sworn, uniformed and non -uniformed, shall maintain a standard work week of 40 hours and a standard workshift of 8 hours with overtime paid at the rate of 1.5 times their regular base wage for time worked beyond their standard workshift, with exception of uniformed sworn, dispatchers and exempt personnel. 4 -5- In consideration for the improvements in schedule and compensation described above, the NBPEA agrees to dismiss with prejudice Orange County Superior Court Case Number 240456 as well as any other pending or possible claims for additional "Code 7" compensation that might arise directly or indirectly from the "Madera" decision. The provisions of this article shall be memorialized in a settlement agreement which, to the extent possible, ensures that there will be no further legal challenges to the City's Code 7 policies. NBPEA agrees that the schedule changes and benefits specified in this section bring the City's current Code 7 policies into compliance with all State and Federal statutory and decisional law. NBPEA also acknowledges that the City is agreeing to this section to the benefits and changes specified with the understanding that they satisfy all past and present claims for "Code 7". NBPEA stipulates the City is agreeing to the provisions of this section with the understanding that the benefits and changes specified herein constitute full and complete satisfaction of all past and present claims, in any way related to the City's Code 7 policies, as well as full and complete satisfaction for any future claim that is related to this section or the then current Code 7 policies. -6- ARTICLE VI Non -Sworn Personnel Shift Differential Effective July 4, 1987, the night shift differential pay for non -sworn personnel shall be increased from $.60 per hour to $.70 per hour. ARTICLE VIII Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the City's Indemnity Health Insurance Plan. ARTICLE VIA Dependent Medical Insurance Premiums Full-time, regular employees hired on or after July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the premium cost associated with the dependent coverage in accordance with their time in service to the CITY. The schedule is as follows: 1st year - employee pays 100% 2nd year - employee pays 66% 3rd year - employee pays 33% 4th year, plus - the employee will receive the same dependent health benefit percentage covered by the CITY as all full, time regular employees hired before 7/5/86. Lateral Police Officers hired by the Newport Beach Police Department with previous police officer service with another Police Department will receive a 50% service credit toward the payment of dependent coverage. -7- ARTICLE X Administration of Health Maintenance Organization Contracts The NDPEA authorizes the CITY's Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied. 1.) The new provider must have a service reputation equal to, or better than the incumbent provider. 2.) The new provider must have as many or more facilities than the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) the incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE XI Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE XII Holidays Effective July 5, 1986, and thereafter, new employees hired by the Newport Beach Police Department will be entitled to take ten (10) paid holidays during their first year. After the Police Department employee has completed one year of continuous employment, they will be entitled to one (1) additional paid holiday, bringing the annual total holiday pay entitlement to eleven (11). -8- ARTICLE XIII Holiday Pay Eligibility Employees will be eligible to receive Holiday Pay only after they have been in active paid status for 30 consecutive calendar days. ARTICLE XIV Retirement Option Effective July 4, 1987, employees may, at their option, elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contributions, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from their paycheck to be paid to PERS as is required by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. ARTICLE XV Sick Leave Conversion Effective July 4, 1987, employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 40 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once a year) to convert up to six days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash value shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. r -9- ARTICLE XVI Family Sick Leave Policy Effective July 4, 1987, the eligibility definition for 'Family Sick Leave ' will be changed from 'immediate family' to 'dependant'. ARTICLE XVII Tuition Reimbursement Effective July 4, 1987, tuition reimbursement limits will increase by 40% from $350.00 per calendar year to $490.00 per calendar year. ARTICLE XVIII Dental Effective July 5, 1986, the annual dental maximum benefit under the indemnity dental plan will be increased from $750.00 to $1000.00. ARTICLE XIX Master Police Officer Recognition Program Effective July 4, 1987, the NBPEA and the City have agreed to institute a 'Master Officer Recognition Program' (M.O.R.P.). All monies advanced as a result of MORP shall be paid annually in a lump sum. The MORP shall be comprised of three levels, with progressively higher compensation paid at each level. -10- MASTER OFFICER I Requirements: 1.) Minimum service of five (5) years (not necessarily consecutive) as a sworn Newport Beach Police Officer. 2.) one full year at the "E" step . 3.) must have obtained an intermediate POST certificate, or the educational equivalent. 4.) must have successfully completed one year in a specialty assignment. 6.) must receive and maintain at least a competent rating on their perfor- mance evaluation. 6.) must be active and on payroll as of November 30th of each year. 7.) must have returned from speciality assignment to Patrol prior to , Master Officer II status. Compensation: Police Officer "E" step times 51. MASTER OFFICER II Requirements: 1.) minimum service of eight (8) years as a sworn Newport Beach Police Officer. 2.) one full year at the Master I level. 3.) must have obtained an advanced POST certificate, or the edu- cational 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 performance evaluation. 6.) must be active 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: Police Officer "E" step times 10%. MASTER OFFICER III Requirements: 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 have obtained an advanced POST certificate or educational equivalent. 4.) must have successfully completed a full year in a third (separate) specialty assignment. 5.) must receive and maintain at least a competent rating on their performance evaluation. 6.) must be active and on payroll as of November 30th of each year. Compensation: Police Officer "E" Step times 15% if assigned to uniformed Patrol. Police Officer "E" step times 12.5% if not assigned to uniformed Patrol. In order to establish this program for the benefit of the Members of the NBPEA and the City, the following understandings were agreed upon that affect and/or alter items that were agreed to in earlier Memoranda of Understanding: 1. All assignment pays paid to Police/sworn personnel will be relinquished and cancelled with the exception of assignment pay for helicopters. However, those accepting helicopter assignment pay are not eligible for the Master Officer Program during their time on helicopters. 2. During the first qualifying period ending November 30, 1987, service time with the City will be considered, however, the time requirements for being at Master I and Master II in order to reach the next level will not be considered. Thus, employees who meet criteria for Master I, II, and III will be given these ranks. • • -12- 3. For the Fiscal Year 1987/1988, Police Sworn employees will receive Total Compensation of 4%. The balance will be used to fund the Master Officer Program. 4. Sergeants will receive 4% Total Compensation plus an additional 4% in salary 1987-88, and J-1 Total Compensation plus an additional 3% in salary in 1988-89 Fiscal Year. 6. Lieutenants will receive 4% Total Compensation plus an additional 2% salary in 1987-88. 6. For the purpose of calculating J-1 Total Compensation in future years, the City will use as a comparison for the Police Officer rank, the compensation of Master Officer III in the top three J-1 cities. This will continue unless there is a significant change in the Master Officer Program in either Newport Beach or in the J-1 cities. 7. All current employees will continue to receive education pay in accord with the present system. Employees hired after the effective date of this Memorandum of Understanding will no longer be eligible for the top step of education pay. This does not apply to Sergeants, Lieutenants, and Captains. . • -13- ARTICLE RX Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence, shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three days (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended in any way to reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified, shall have access to the grievance procedure as established in the 'Employee -Employer' Resolution #7173. •+ r -14- ARTICLE XXI Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE XXII Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Articles II and III, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. -15- ARTICLE XXII Duration The terms of this MOD are to remain in full force and effect from the 4th day of July 1987, until the 1st day of July, 1988, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOD. ARTICLE XXIV Separability Should any part of this MOD or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOD shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provision of this MOO relating to pay schedule adjustment increases be declared invalid, CITY agrees to provide alternative benefits agreeable to NBPEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. • Pt • • -16- Executed this tgetZtday of,1987 NEWPO By By Charles E. ( odd) Wilkinson 89� L Paul By t\eQ .P _[ l.s—r-- Nelson Ferguson SOCIATION CITY APPROVED AS TO FORM: By \ 1 •� i^ 1 0 City Attorney City of Newport Beach NEWPORT BEACH Robert Dixon By A ES City Clerk • Sr _.• EXHIBIT "A" POLICE CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE POLICE CAPTAIN 2-000 4435- 5391 POLICE LIEUTENANT 2-005 3813- 4635 POLICE OFFICER 2-010 2499- 3037 POLICE SERGEANT 2-015 3094- 3761 POLICE DETECTIVE 2-020 2499- 3037 I POLICE RECRUIT 2-090 2138- I I ANIMAL CONTROL OFFICER 2-100 1947- 2366 1 I CUSTGDIAL OFFICER 2-105 1958- 2380 EMERGENCY EQUIPMENT DISPATCHER 2-110 1987- 2415 PARKING CONTROL OFFICER 2-115 1657- 2014 POLICE CLERK 2-120 1488- 1809 RANGEMASTER-ARMORER 2-130 1945- 2364 SECRETARY TO POLICE CHIEF 2-135 1816- 2207 SENIOR POLICE CLERK 2-137 1673- 2034 STATION OFFICER 2-140 1947- 2366 NON -SWORN EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.70 PER HOUR NIGHT DIFFERENTIAL PAY. i • 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: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPEA (hereinafter referred to as "EMPLOYEES") for the 1986-1987 fiscal year. B. NBPEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1986 - 1987 fiscal year. Said ,EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 5, 1986, subject to approval by the City Council of the City of Newport Beach. ARTICLE I Salaries and Wage Effective July 5, 1986, CITY and NBPEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II Retirement Health Insurance Plan On or about October 1, 1984, the CITY and NBPEA agreed to reopen the contract for the purpose of meeting and conferring on the issues of modifying the current health insurance plan and providing a Retiree Health Insurance Plan. Effective July 5, 1986, the CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Plan offered by the City. ARTICLE III Employee Assistance Program (EAP) The CITY conducted a feasibility study on the issue of providing an Employee Assistance Program (EAP). On January 1, 1985, The City contracted with 0.C.E.A.N., located at 2110 E. First Street, Ste. 120, Santa Ana, California 92705, for the purpose of providing an Employee Assistance Program. This program is being provided for one year on a trial basis and will be evaluated for effectiveness before the current contract expires. • • -3- ARTICLE IV Scholastic Achievement Plan Effective July 5, 1986, CITY shall amend Schedule of Payments provision for the NBPEA Scholastic Achievement Plan, as follows: Years 30 Units 60 Units 90 Units BA/BS MA/MS/JD 2 $48 $48 $48 $48 $48 3 48 96 144 192 192 4 48 96 144 192 240 ARTICLE V Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." ARTICLE VI "Code 7" Effective July 1, 1985, "Code 7" time shall be compensable for all uniformed sworn and non -sworn personnel. Uniformed sworn personnel and dispatchers agree to a standard workweek of 42.5 hours and a standard workshift of 8.5 hours, with their base wages adjusted accordingly. Overtime pay will be paid for time worked beyond their standard workshift. Overtime pay will be calculated at the rate of 1.5937 times the regular base rate. Uniformed sworn personnel and dispatchers shall earn one- half (1/2) day per month (6 days per year) paid time off, to be classified as as duty incentive time. Uniformed sworn personnel shall be allowed 45 minutes for "Code 7". Dispatchers and all other Police personnel are allowed 30 minutes for "Code 7". All Police personnel, sworn and non -sworn, uniformed and non -uniformed, shall maintain a standard work week of 40 hours and a standard workshift of 8 hours with overtime paid at the rate of 1.5 times their regular base wage for time worked beyond their standard workshift, with exception of uniformed sworn, dispatchers and exempt personnel. In consideration compensation described prejudice Orange County -5— for the improvements in schedule and above, the NBPEA agrees to dismiss with Superior Court Case Number 240456 as well as any other pending or possible claims for additional "Code 7" compensation that might arise directly or indirectly from the "Madera" decision. The provisions of this article shall be memorialized in a settlement agreement which, to the extent possible, ensures that there will be no further legal challenges to the City's Code 7 policies. NBPEA agrees that the schedule changes and benefits specified in this into compliance decisional law. NBPEA also section to the benefits and changes understanding that they "Code 711. section bring the City's current Code 7 policies with all State and Federal statutory and acknowledges that the City is agreeing to this specified with the satisfy all past and present claims for NBPEA stipulates the City is agreeing to the provisions of this section with the understanding that the benefits and changes specified herein constitute full and complete satisfaction of all past and present claims, in any way related to the City's Code 7 policies, as well as full and complete satisfaction for any future claim that is related to this section or the then current Code 7 policies. -6- • ARTICLE VII Non -Sworn Personnel Shift Differential Effective July 5, 1986, the night shift differential pay for non -sworn personnel shall be increased from $.475 per hour to $.60 per hour. ARTICLE VIII Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the City's Indemnity Health Insurance Plan. ARTICLE VIX Dependent Medical Insurance Premiums Full-time, regular employees hired on or after July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the premium cost associated with the dependent coverage in accordance with their time in service to the CITY. The schedule is as follows: 1st year - employee pays 100% 2nd year - employee pays 66% 3rd year - employee pays 33% 4th year, plus - the employee will receive the same dependent health benefit percentage covered by the CITY as all full, time regular employees hired before 7/5/86. Lateral Police Officers hired by the Newport Beach Police Department with previous police officer service with another Police Department will receive a 50% service credit toward the payment of dependent coverage. -7- ARTICLE X Administration of Health Maintenance Organization Contracts The NBPEA authorizes the CITY's Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied. 1.) The new provider must have a service reputation equal to, or better than the incumbent provider. 2.) The new provider must have as many or more facilities than the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) the incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE XI Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE XII Holidays Effective July 5, 1986, and thereafter, new employees hired by the Newport Beach Police Department will be entitled to take ten (10) paid holidays during their first year. After the Police Department employee has completed one year of continuous employment, they will be entitled to one (1) additional paid holiday, bringing the annual total holiday pay entitlement to eleven (11). • -8- • ARTICLE XIII Dental Effective July 5, 1986, the annual dental maximum benefit under the indemnity dental plan will be increased from $750.00 to $1000.00. ARTICLE XI Consideration of a Senior or Master Police Officer recognition program. The City agrees to reopen negotiations with the NBPEA in January 1987 to consider a compensation based Senior or Master Police Officer recognition program. If the Senior or Master Police Officer recognition program is adopted, the Police Association has identified SPECIALITY ASSIGNMENT PAY; EDUCATION PAY; THE MAINTENANCE OF PAY DIFFERENTIAL RANGES BETWEEN SUPERVISORS AND THE POSSIBLE SENIOR OR MASTER POLICE OFFICER PAY LEVEL as mitigators to assist in the cost of funding such a program. ARTICLE V Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE XVI Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Articles II and III, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of • -9• - representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE XVII Duration The terms of this MOU are to remain in full force and effect from the 5th day of July 1986, until the 3rd day of July, 1987, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE XVIII Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provision of this MOU relating to pay • —10— schedule adjustment increases be declared invalid, CITY agrees to provide alternative benefits agreeable to NBPEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. Executed this /7— day of /4.D.or:SIrs,1986. NEWPO By By By B' ES ASSOCIATION Ch.'-es odd Wi inson James Carson Nelson Eergu-An CITY OF EWPORT BEACH By By By APP ROVED AS TO FORM: By Robert H. Bfarnham City Attorney City of Newport Beach EXHIBIT "A" • ' POLICE CLASSIFICATION CLASS COOE MONTHLY SALARY RANGE POLICE CAPTAIN 2-000 4123-5011 POLICE LIEUTENANT 2-005 3544-4308 POLICE OFFICER 2-010 2367-2877 POLICE SERGEANT 2-015 2824-3432 POLICE DETECTIVE 2-020 2367-2877 POLICE RECRUIT 2-090 2033- ANIMAL CONTROL OFFICER 2-100 1851-2250 CUSTODIAL OFFICER 2-105 1662-2263 EMERGENCY ECUIPMENT DISPATCHER 2-110 1889-229E PARKING CONTROL OFFICER 2-115 1576-1915 POLICE CLERK I 2-120 1415-1720 RANGEMASTER-ARMORER 2-130 1849-2246 SECRETARY TC POLICE CHIEF 2-135 1727-2099 STATION OFFICER 2-14C 1851-2250 NON -SWORN EMPLOYEES ASSIGNEC TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE S 0.6C PER HOUR NIGHT DIFFERENTIAL PAY . // • • 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: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPEA (hereinafter referred to as "EMPLOYEES") for the 1985-1986 fiscal year. B. NBPEA representatives have reached wages, hours to all EMPLOYEES present and other terms and conditions of affected EMPLOYEES for the 1985-1986 an agreement as to employment to apply fiscal year. desire to reduce their agreement to writing, such agreement, in the form of this MOU, Council of the City of Newport Beach for approval. and to the Said to City NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 22, 1985, subject to approval the City Council of the City of Newport Beach. by • -2- • ARTICLE I Salaries and Wage Effective June 22, 1985, CITY and NBPEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II Retirement Health Insurance Plan On or about October 1, 1984, the CITY and NBPEA agreed to reopen the contract for the purpose of meeting and conferring on the issues of modifying the current health insurance plan and providing a Retiree Health Insurance Plan. ARTICLE III Employee Assistance Program (EAP) The CITY conducted a feasibility study on the issue of providing an Employee Assistance Program (EAP). On January 1, 1985, The City contracted with 0.C.E.A.N., located at 2110 E. First Street, Ste. 120, Santa Ana, California 92705, for the purpose of providing an Employee Assistance Program. This program is being provided for one year on a trial basis and will be evaluated for effectiveness before the current contract expires. • -3- • ARTICLE IV Scholastic Achievement Plan Effective July 1, 1985, CITY shall amend Schedule of Payments provision for the NBPEA Scholastic Achievement Plan, as follows: Years 30 Units 60 Units 90 Units BA/OS MA/MS/J0 2 $40 $40 $40 $40 $40 3 40 80 120 160 160 4 40 Bo 120 160 200 ARTICLE V Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." • -4- • ARTICLE VI "Code 7" Effective July 1, 1985, "Code 7" time shall be compensable for all uniformed sworn and non -sworn personnel. Uniformed sworn personnel and dispatchers agree to a standard workweek of 42.5 hours and a standard workshift of 8.5 hours, with their base wages adjusted accordingly. Overtime pay will be paid for time worked beyond their standard workshift. Overtime pay will be calculated at the rate of 1.5937 times the regular base rate. Uniformed sworn personnel and dispatchers shall earn one- half (1/2) day per month (6 days per year) paid time off, to be classified as as duty incentive time. Uniformed sworn personnel shall be allowed 45 minutes for "Code 7". Dispatchers and all other Police personnel are allowed 30 minutes for "Code 7". All Police personnel, sworn and non -sworn, uniformed and non -uniformed, shall maintain a standard work week of 40 hours and a standard workshift of 8 hours with overtime paid at the rate of 1.5 times their regular base wage for time worked beyond their standard workshift, with exception of uniformed sworn, dispatchers and exempt personnel. • -5- . In consideration for the improvements in schedule and compensation described above, the NBPEA agrees to dismiss with prejudice Orange County Superior Court Case Number 240456 as well as any other pending or possible claims for additional "Code 7" compensation that might arise directly or indirectly from the "Madera" decision. The provisions of this article shall be memorialized in a settlement agreement which, to the extent possible, ensures that there will be no further legal challenges to the City's Code 7 policies. NBPEA agrees that the schedule changes and benefits specified in this section bring the City's current Code 7 policies into compliance with all State and Federal statutory and decisional law. NBPEA also acknowledges that the City is agreeing to this section to the benefits and changes specified with the understanding that they satisfy all past and present claims for "Code 7". NBPEA stipulates the City is agreeing to the provisions of this section with the understanding that the benefits and changes specified herein constitute full and complete satisfaction of all past and present claims, in any way related to the City's Code 7 policies, as well as full and complete satisfaction for any future claim that is related to this section or the then current Code 7 policies. • -6- • ARTICLE VII Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the City's Indemnity Health Insurance Plan. ARTICLE VIII Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE IX Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Articles II and III, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE X Duration The terms of this MDU are to remain in full force and effect from the 22nd day of June, 1985, until the 4th day of July, 1986, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MDU. ARTICLE XI Separability Should any part of. this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect, provided, however, that should the provision of this MOU relating to pay schedule adjustment increases be declared invalid, CITY agrees to provide alternative benefits agreeable to NBPEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. • -5- • Executed this 16th day of July ,1985. NEWPORT BEACFt POLICE EMPLOYEES ASSOCIATION By By By Nelson Ferfuson APP•IVEOAS TO FORM; By H. Burnham City Attorney City of Newport Beach POLICE CLASSIFICATION APPENDIX "A" CLASS CODE MONTHLY SALARY RANGE POLICE CAPTAIN 2-000 3731-4535 POLICE LIEUTENANT 2-005 3207-3899 POLICE OFFICER 2-010 2142-2603 POLICE SERGEANT 2-015 2555-3106 POLICEWOMAN 2-020 2142-2603 POLICE RECRUIT 2-090 1850-2249 ANIMAL CONTROL OFFICER 2-100 1684-2047 CUSTODIAL OFFICER 2-105 1694-2059 EMERGENCY EQUIPMENT DISPATCHER 2-110 1719-2089 PARKING CONTROL OFFICER 2-115 1434-1743 POLICE CLERK I 2-120 1287-1565 POLICE CLERK II 2-125 1390-1689 RANGEMASTER-ARMORER 2-130 1683-2045 SECRETARY TO POLICE CHIEF 2-135 1571-1910 STATION OFFICER 2-140 1684-2047 NON -SWORN EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.475 PER HOUR NIGHT DIFFERENTIAL PAY. CODE 7 SETTLEMENT AGREEMENT This Agreement, made this 1st day of July , 1985, by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City (hereinafter "City") and THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION, a non-profit corporation organized and existing under and by virtue of the laws of the State of California (hereinafter "NBPEA") is made with reference to the following facts: A. This Agreement relates to City's "Code 7" policies. For the purposes of this Agreement, "Code 7" is the term used by City and NBPEA to refer to the 30- minute meal period to which certain members of NBPEA are entitled. B. In 1976, NBPEA and certain of its members filed a lawsuit in Orange County Superior Court. (NBPEA v. City of Newport Beach Case No. 240-456) challenging City's "Code 7" rules, policies and practice. The lawsuit sought back pay for "Code 7" time and prospective relief in the form of a Court Order directing City to revise its "Code 7" rules, practices and policies; C. In 1979, City and NBPEA entered into a Memorandum of Understanding (hereinafter "MOU") which contained a provision obligating NBPEA to dismiss the "1976 lawsuit" in the event City • • implemented the maximum salary increases and other benefits called for by the MOU. NBPEA members did receive those maximum salary increases and benefits but the lawsuit has not been dismissed as of the date of this Agreement; D. In February, 1985, legal counsel for NBPEA made demands upon City for back pay and schedule changes on the basis that the City's "Code 7" rules, policies and practices imposed significant work -related restrictions on the mealtime accorded certain NBPEA members. City denied any liability for backpay, or any obligation to make schedule changes. Thereafter, in an effort to avoid protracted litigation and to ensure harmonious employer/employee relations, the parties met and negotiated a compromise settlement which is memorialized by this Agreement; E. The City Council of the City of Newport Beach is concerned that repeated challenges to City's "Code 7" rules, policies and practices will have an adverse affect on the relationship between the City Council and NBPEA, and the services performed for the general public by members of the NBPEA. The City Council is also concerned that the prior Agreement to settle "Code 7" litigation did not effectively conclude the dispute. NBPEA understands these concerns and acknowledges that the duties required of City pursuant to this Agreement, once performed, con- stitute full and complete satisfaction for all past, present and 2 future claims that are in any way related to City's current "Code 7", as amended by provisions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Definitions For the purposes of this Agreement the terms speci- fied below shall have the following meanings: a) Uniformed Sworn Peace Officers. The term Uniformed Sworn Peace Officers shall mean all Police Officers in the patrol division, all Field Sergeants in the patrol division, all Police Lieutenants in the patrol division assigned as watch commander, and all Police Officers and Sergeants assigned to field duties in the traffic division; b) Dispatchers. The term Dispatcher shall mean persons occupying the position with the offi- cial job title Emergency Equipment Dispatcher; e) Uniformed Non -Sworn Personnel. This term shall mean all uniformed non -sworn personnel, including persons occupying the positions of Police Clerk, Parking Control Officer, Animal Control Officer and Custodial Officer; d) Other Sworn Peace Officers. This term shall mean all persons occupying the positions of 3 Police Officer, Police Sergeant and Police Lieutenant, and assigned to duties other than those specified in subparagraph a) herein; e) Station Officer. This term shall mean the persons occupying the position entitled Station Officer; f) Range Master. This term shall mean the persons occupying the position entitled Range Master. g) Non-Uniformed/Non-Sworn Personnel. This term shall mean all persons occupying clerical positions within the Police Department who are members of NBPEA such as the Secretary to the Police Chief. 2. Purpose and Intent The parties agree that the purpose and intent of this Agreement can be summarized as follows: a) To effectively conclude all past and present claims and prevent future disputes, relative to the City's "Code 7" rules, policies and practices; and b) To amend and alter the City's "Code 7" rules, policies and practices such that employees with significant restrictions during meal 4 periods are fairly compensated for work performed and inconvenience suffered; and c) To limit, as much as possible, the extent to which the terms of this Agreement apply to terms and conditions of employment, and current management prerogatives unrelated, to "Code 7." 3. Commitments of City. City, in consideration of the promises and covenants of NBPEA, shall adjust work schedules, grant additional benefits, and amend existing "Code 7" rules, policies and prac- tices, effective as of the date of this Agreement, all as provid- ed below: (a) Work Schedules Work schedules shall be adjusted in the following manner: 1. For uniformed sworn peace officers and dispatchers, the basic work shift shall be eight and one-half hours (8 1/2) per day and the basic work week shall be forty two and one-half (42 1/2) hours per week; 2. For uniformed non -sworn employees the basic work shift shall be eight (8) hours 5 per day, and the basic work week shall be forty (40) hours per week; 3. For other Sworn Peace Officers, Station Officers and Range Masters, the basic work shift shall be eight (8) hours per day and the basic work week shall be forty (40) hours per week. The 30-minute "Code 7" meal period shall not be considered part of the basic work shift or work week for the reasons specified in subparagraph (e). In the event the City imposes significant additional restrictions on the "Code 7" meal time of these employees such that they would be entitled to the benefits specified in subparagraphs (b) and (c), the basic work shift shall be eight and one-half (8 1/2) hours and the basic work week shall be forty-two and one-half (42 1/2) hours. These schedule changes shall not be effectiveuntil the employee is accorded the benefits specified in subparagraphs (b) and (c) and thereafter overtime compensation shall be calculated in accordance with subparagraph (f); 4. The work schedules of all Non -Uniform, Non -Sworn Personnel shall remain unaffected by this Agreement. (b) Meal Periods The "Code 7" meal periods shall be as follows: 1. Uniformed Sworn Peace Officers shall be entitled to forty-five (45) minutes of "Code 7" time; 2. Other Sworn Peace Officers, Uniformed Non -Sworn Personnel, Dispatchers, Range Masters and Station Officers shall be entitled to thirty (30) minutes of "Code 7" time. (c) Duty Incentive Time Uniformed Sworn Peace Officers and Dispatchers, in recognition of the significant restrictions on their "Code 7" time, shall receive an additional one-half day per month paid, time -off. This time -off shall be referred to as "duty incentive time." The right to take duty incentive time shall accrue at the end of each month. Duty incentive time shall accrue if an otherwise eligible employee is absent from work due to vacation, sick leave or industrial injury leave pursuant to Section 4850 of the California Labor Code, bereavement leave, compensatory time off, or any other authorized leave during which the employee is entitled to full salary. An em- ployee shall not accrue "duty incentive time" during any month in which the employee is on an unpaid status for reasons other disciplinary suspension. Uniformed sworn police dispatchers shall be entitled than a officers and to accrue duty incentive time to the extent of twelve (12) days. Accrual of duty incentive time in ex- cess of twelve (12) days must be approved by the immediate supervisor. In the event of resignation, retirement or termination, employees shall be entitled to compensation for any unused duty incentive time. Uniformed sworn peace officers and dispatchers shall make every effort to schedule requests for duty incentive time -off during those por- tions of the year (fall, winter and spring) when there is a reduced demand for police services. An employee shall not be entitled to take duty incentive time -off unless the request has been approved by the supervisor. (d) Overtime Compensation Other Sworn Peace Officers, Dispatchers, Uniformed Non -Sworn Personnel, Station Officers, and Range Masters, shall be entitled to overtime compensation for the entire 30- minute "Code 7" meal period if an employee is not allowed a meal period or is required to revert to on -duty status and is unable to take the additional time necessary to complete the "Code 7" period during the same workshift. (e) Change in Code 7 Other Sworn Peace Officers, Station Officers and Range Masters shall not be entitled to a forty-five (45) minute "Code 7" meal period, any reduction or change in work shift or work week, or to duty incentive time unless and until restrictions imposed on their "Code 7" meal period are substantially similar to those currently imposed on uniformed officers or dispatchers. The parties stipulate and agree that current restrictions on the activities of these employees during "Code 7" meal periods are not significant and would not warrant compensation under the ruling of the California Supreme Court in Madera Police Officers Association v. City of Madera (1984) 36 C.3d 403. (f) Overtime Factor/Extended Work Shift City shall provide overtime compensation to Uniformed Sworn Peace Officers and Dispatchers for all work performed in excess of the basic eight and one-half (8 1/2) hour workday. Consistent with the intent of this Agreement, the overtime rate of pay shall be calculated by multiplying the regular hourly rate of pay by the factor 1.59375. (g) Overtime Factor/Other Overtime compensation for all other police personnel shall be unaffected by the provis- ions of this Agreement. (h) Lump Sum Payment City shall pay to NBPEA the sum equivalent to one-half (1/2) hour per day of the overtime compensation that would have been paid for 10 "Code 7" time, but was not paid, to employees occupying the positions described below who were on duty during the period dating from July 1, 1984 to June 30, 1985. 1. The positions to be utilized for purposes of calculating the sum to be paid to NBPEA pursuant to this subparagraph are Uniformed Sworn Peace Officers, Uniformed Non -Sworn Personnel, and Dispatchers; 2. For purposes of calculating the sum to be paid to NBPEA pursuant to this subpara- graph, the term "on duty" shall refer to time that an employee was on duty, on vacation, on sick leave, on bereavement leave, on compensatory time off, on holi- day or attending a school or conference on subjects related to police department functions and when attendance was paid, in whole or in part, by the City. The term "on duty" shall not include time during which an employee was suspended without pay, on industrial leave pursuant to Section 4850 of the California Labor Code, or on any other status during which 11 the employee was not entitled to full pay; and 3. For purposes of calculating the sum due NBPEA the term salary shall include any bonus and premium pay customarily granted to the employee because of hazards or other special duties associated with an assignment. 4. Commitments of NBPEA NBPEA on behalf of each of its members, in con- sideration of the promises and covenants of City, shall do the following: a) Dismissal of Pending Lawsuit NBPEA shall, on or before August 1, 1985, file a Dismissal, with prejudice, of the entire action entitled Newport Beach Police Employees Association et al., v. City of Newport Beach and bearing Orange County Superior Court Case No. 240-456; b) Uniformed Sworn Peace Officers are not entitled to receive pay or compensatory time off for any interruption of, or failure to complete, "Code 7" time, or for any work performed or inconvenience during "Code 7" 12 i • time, except to the extent of the benefits and rights granted by this Agreement. c) Disbursement NBPEA shall disburse monies received from City in accordance with the following: 1. NBPEA shall disburse monies to all per- sons who, between July 1, 1981 and June 30, 1985, occupied positions described in paragraph 3(h). 2. The amount to be disbursed to NBPEA shall be calculated as follows: (i) The total amount of overtime compensation that City would have been obligated to pay to each employee occupying those positions for "Code 7" time actually worked during the period dating from July 1, 1981 to June 30, 1985 shall be cal- culated using the hourly rate of pay applicable for computing overtime compensation under then -current rules and policies. This sum shall be 13 defined as the "individual entitlement." (ii) The total amount of overtime compensation that City would have been obligated to pay to all such employees during that period shall be calculated by adding each individual entitle- ment and this sum shall be defined as the "total entitle- ment." (iii) The amount to be paid to NBPEA pursuant to paragraph 3.(h) shall be divided by the total entitlement and the resulting fraction shall be defined as the "compensation factor." (iv) The compensation factor shall then be multiplied by the in- dividual entitlement to deter- mine the amount to be dis- tributed to each eligible em- ployee. 14 3. NBPEA shall obtain releases from all persons to whom money is disbursed. The Release shall apply to past, present or future claims other than alleged violations of this Agreement, and shall contain provisions which acknowledge and voluntarily waive Section 1542 of the Civil Code. The Release shall extend to NBPEA, its officers, directors and representatives and the City and its employees and officers. c) Rule Amendment NBPEA consents to amendments of City's Person- nel Resolution and/or the Police Department Manual to bring those documents into conformance with the provisions of this Agreement. These amendments shall be enacted within a reasonable time. In the event of any inconsistency between the terms of this agreement and those enactments, the terms of this Agreement shall prevail. d) Hold Harmless NBPEA shall indemnify, defend, and hold City harmless from any and all claims, losses, 15 liability, lawsuits or judgments which are in any way related to claims, past, present or future, that an employee is entitled to compensation based on the City's "Code 7" policies and practices, past or present; provided, however, the duties of NBPEA pursuant to this subparagraph shall not apply to alleged violations, by City, of the terms of this Agreement. 5. Stipulations re Past, Present and Future Claims The parties agree that the sole consideration for City to enter into this Agreement is the commitment of NBPEA that all past, present and future "Code 7" disputes and litigation are effectively concluded or prevented by the terms of this Agreement. In this regard, NBPEA stipulates and agrees as follows: a) The "Code 7" policies and practices of the City of Newport Beach, as reflected in this Agreement, are in full and complete compliance with all current applicable State and Federal decisional and statutory law; b) The compensation, benefits and the right to receive future compensation where applicable, as provided by this Agreement, to members of 16 NBPEA for "Code 7" time fully, fairly and adequately compensate members of NBPEA for any and all work, past, present or future, performed during "Code 7" time, or any inconvenience or restriction on activity, past, present or future, that results from the current "Code 7" rules, policies and practices as amended by the terms of this Agreement; c) In the event of a future legal challenge that is related to the City's "Code 7" rules, policies or practices as set forth in this Agreement, NBPEA will actively participate with City in the defense of the litigation, will acknowledge the fairness and appropriateness of the City's current "Code 7" policies and practices as set forth in this Agreement and will otherwise reasonably cooperate with City; d) In the event of a future, successful, legal challenge to City's "Code 7" policies or prac- tices, which significantly increases the over- time compensation or related benefits for employees covered by this Agreement, NBPEA acknowledges that the employees covered by 17 this Agreement are no longer entitled to the Duty Incentive Time or extended "Code 7" time and agrees that City may unilaterally termi- nate each of those benefits; e) NBPEA agrees that the schedule changes, bene- fits and right to future compensation provided by this Agreement constitute full and complete satisfaction of any and all past, present or future claims, other than alleged violations of this Agreement, in any way related to the City's "Code 7" rules, policies and practices and are in full compliance with the current provisions of State law, specifically Section 510 of the Labor Code, as well as all current provisions of Federal law including, without limitation, the Fair Labor Standards Act. NBPEA also agrees to reasonably cooperate with City in any investigation into City personnel practices, policies and rules conducted by any State or Federal agency. 6. Representations and Warranties a) Except as expressly stated in this Agreement, no party has made any statement or representation to the other regarding any fact 18 which was relied upon by any other party in entering into this Agreement. b) This Agreement is intended to be final and binding upon the parties hereto, future mem- bers of NBPEA, and their respective successors, representatives and assigns. c) The parties expressly acknowledge that this Agreement represents a settlement of doubtful and disputed claims, and that by entering into this Agreement, neither party admits nor ack- nowledges the existence of any liability or wrongdoing. d) The provisions of this Agreement shall not affect any of the terms and conditions of employment with respect to Non-Uniformed/Non- Sworn Personnel. 7. Release NBPEA hereby releases the City, its officers, employees and representatives from any and all claims, losses, liability, past, present or future, that are in any way related to the City's "Code 7" rules, policies or practices as provided in this Agreement. It is the intent of the parties that this Agreement effectively concludes or prevents all past, present and future 19 "Code 7" disputes and this Release shall operate to discharge all injuries, claims, damages or losses to NBPEA or its members, whether known, unknown, foreseen, unforeseen, patent or latent, which NBPEA, or its members, may now have, or may hereafter have, against City, except for those claims that seek compensation or other benefits in accordance with the terms of this Agreement. NBPEA is executing this Release notwithstanding the provisions of Section 1542 of the California Civil Code which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." NBPEA understands and acknowledges the significance and consequence of the specific waiver of Section 1542 and hereby assumes full responsibility for any of the injuries, damages, losses or claims that NBPEA or its members, may incur that arise out of, or are in any way related to, City's "Code 7" rules, policies and practices, except for those claims that seek compensation or other benefits in accordance with the terms of this Agreement. This Release is freely and voluntarily executed by NBPEA after having been apprised of all relevant information 20 • • and data by legal counsel for NBPEA, and all other information relevant to such release. NBPEA in executing this Release, has not relied upon any inducements, promises or representations made by City, or its officers, representatives or legal counsel, other than those contained in this Agreement. Executed the day and year first above written. ATT'-T: City/ Clerk APBItOVED AS TO obert H. Burnham City Attorney AGB/NBPEA NBPEA NEWPORTCH POLICE EMPLOYEES ASSOCIATION By: By: L— T omas H. Little, Presi amok- es Kit Carson 21 • • / ai • Appendix B The City of Newport Beach and the Newport Beach Police Employees Association (hereinafter referred to as NBPEA) have mutually agreed upon implementing an Employee Assistance Program and providing a Retiree Health Insurance Plan. Both parties agree to amend the 1984/85 Memorandum of Understanding in writing and to incorporate this amendment as part of the Memorandum of Understanding for Fiscal Year 1984/85. EMPLOYEE ASSISTANCE PROGRAM On or about January 1, 1985, the City agrees to implement an Employee Assistance Program (EAP). RETIREE HEALTH PLAN 1. Effective July 1, 1985, the City and NBPEA agree to provide a Retiree Health Insurance Plan through the City's indemnity health plan carrier. Both parties agree to amend the indemnity health plan contract to include a separate retiree plan. 2. The Retiree Plan will be combined with the Active Employee Plan and claims experience will determine the appropriate monthly premiums for both the Retiree and Active Employee Plans. 3. The Retiree Plan will be the same as the Active, Plan except for the following: A. The Major Medical Benefits shall be as follows: 1) Lifetime Maximum Benefits $500,000 2) Deductible (calendar year) $200 (Fam:$600) 3) 80% of first $5,000 - 100% thereafter (calendar year) 4) Psychiatric, Inpatient: 60 days per 24 months 5) 100% coverage, no deductible, for: a) ambulatory surgery, per Exhibit "A" b) second surgical opinion, per Exhibit "B" c) X-ray and laboratory testing on out -patient basis prior to hospitalization for elective surgery. • • • 6) Benefits will be paid on a 'carve -out' basis when combined with other group insurance or Medicare. This means that benefits are paid up to the maximum coverage (80%) under this plan including those payments the Retiree receive from any other plan. B. Dental, Life and basic medical coverage will not be provided. 4. Retiree Plan Monthly Premium: A. The initialmonthly premiums to provide this Plan shall be as follows: 5. 1) Retiree only - $92.00 2) Retiree & Dependent(s) - $184.00 B. The Retiree Contribution shall be fifty (50) percent of the monthly premium. Active Employee/City Contribution: A. Each active employee shall pay $7.33 a month as their contribution to the Retiree Health Plan. This contribution is equivalent to twenty-five (25) percent of the total retiree health insurance premiums. B. The City shall pay $7.33 a month for each active employee as the City's contribution tothe Retiree, Health Plan. This contribution is equivalent to twenty-five (25) percent of the total retiree health insurance premiums. C. The active employee and city contribution may be adjusted effective July 1, 1985, under the following circumstances: 1) Once the number of participating retirees is determined, and 2) Should the monthly premium for the Retiree and Retiree & Dependent categories be adjusted. D. Effective July 1 of each subsequent fiscal year, the Active employee and City Contribution shall be adjusted when the monthly premium and number of participants are determined. 3 • • • 6. Retiree Plan Conditions: A. Applicable to current employees: 1) Employees who retire on or after May 1, 1985, must meet the following eligibility requirements: a) Must have completed at least ten (10) years of continuous full-time city service on the date of retirement, and b) Must have been awarded a retirement from the Public Employees Retirement System; and c) Retired from the City of Newport Beach. P.E.R.S. retirement benefits must commence no later than of the first day of the month following separation from City service. 2) Employees and enrolled dependents must enroll in the Retirees Health Plan forty-five (45) days prior to the retirement date. B. Applicable to Current Retirees: Current retired employees must meet the following eligibility requirements: 1) Must have completed at least ten (10) years of continuous full-time City service on the date of retirement; and 2) Must have been awarded a retirement from the Public Employees Retirement System; and 3) Must have retired from the City of Newport Beach. P.E.R.S. retirement benefits must have commenced no later than the first day of the month following the date of separation from City service. 4) Must enroll in the Plan by May 1, 1985. Failure to enroll by this date will result in the retiree not being eligible to participate in the Retiree Plan thereafter. / / / / / / / / / / / / / / • C. Applicable to both current Employees and Retirees: 1) Upon the death of the Retiree, health insurance coverage for surviving enrolled spouse and/or dependents shall be terminated. Spouses and/or eligible dependents will be eligible for medical conversion coverage. 2) Coverage will be cancelled: a) Upon written request of the Retiree b) When the Retiree is more than 30 days in arrears in payment of monthly premiums, and only after proper notice has been given to the delinquent subscriber. c) Reinstatement of coverage shall not be allowed if the coverage has been cancelled. 3) Retirees and dependents who reach age 65, and are eligible for Part A Medicare coverage , must enroll in both Part A and Part B Medicare coverage. 4) While the City intends that this Retiree Health Insurance Plan shall be permanent, the City does reserve the right to modify or to terminate this Plan in the future should circumstances require such. In the event the Plan is terminated, enrolled subscriber and dependents shall be eli- gible for medical conversion coverage. / / / / / / / / / / /•/ / / / / / / / / / / • • • EXECUTED THIS ,a9 DAY OF No n,s 1984 NEWPORT�/ACH POLICE EMPLOYEES ASSOCIATION by by by !I [.Ceti ijs ccA ) CITY NEWPORT BEACH by by 54,, OVED AS TO ,FORM: 4 ROBERT H. BURNHAM CITY ATTORNEY CITY OF NEWPORT BEACH 6 EXHIBIT "A" • • FOCUSED AMBULATORY SURGERY LIST o Arthroscopy - o Breast Biopsy - o Cataract Extraction - o Cystoscopy o Dilation 8 o I4emorrhoidectomy - o Merniorrhaphy - o Meniscectomy - o Tonsillectomy and/or Adenoidectomy o Tubal Ligation - Examination and/or repair of the knee joint via the insertion of a scope. Removal of a small portion of breast tissue or "lump" for diagnosis. Removal of the lens from the eye. A bladder examination using a scope. Curettage - Expansion of the ostium uterus so that the uterine wall can be scraped. Removal of dilated veins from the rectal -anal area. Repair of weakness in the abdominal wall. Repair and/or removal of torn knee cartilage. Removal of diseased tonsils and/or adenoids. Female sterilization. EXHIBIT "B" FOCUSED SECOND SURGICAL OPINION LIST • o Hysterectomy o Dilation & Curettage (D&C) o Tonsillectomy and/or Adenoidectomy o Gall Bladder Surgery 0 Knee Surgery o Back or Disc Surgery o Varicose Vein Surgery o Heart Bypass Surgery o Heart Catheterization o Hernia Surgery o Mastectomy o Prostatectomy a • • 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: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized repre- sentatives of the NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPEA") a recognized employee organ- ization, met and conferred, exchanging various proposals concern- ing wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPEA (hereinafter referred to as "EMPLOYEES") for the 1984-85 fiscal year. B. NBPEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1984-85 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 23, 1984, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective June 23, 1984, CITY AND NBPEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II Retiree Health Insurance Plan On or about October 1, 1984, the CITY and NBPEA agree to reopen the contract for the purpose of meeting and conferring on the issues of modifying the current health insurance plan and pro- viding a Retiree Health Insurance Plan. The parties agree to limit the reopener to this item and to those items which may be affected should agreement be reached. 2 ARTICLE III Employee Assistance Program (EAP) The CITY will conduct a feasibility study on the issue of providing an Employee Assistance Program (EAP). On or about October 1, 1984, CITY agrees to reopen the contract for the purpose of meeting and conferring on the issue of providing an Employee Assistance Program. ARTICLE IV Scholastic Achievement Plan Effective July 1, 1984, CITY shall amend Schedule of Payments provision for the NBPEA Scholastic Achievement Plan, as follows: Years 30 Units 60 Units 90 Units BA/BS MA/MS/JD 2 $33 $33 $33 $ 33 $ 33 3 $33 $66 $99 $132 $132 4 $33 $66 $99 $132 $165 ARTICLE V Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agree- ment of the parties hereto. ARTICLE VI Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Articles II. and III, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agree- ment of the parties. No representative of either party has author- ity to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE VII Duration The terms of this MOU are to remain in full force and effect from the 23rd day of June, 1984, until the 21st day of June, 1985, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. 4 ARTICLE VIII Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any exist- ing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provision of this MOU relating to pay schedule adjustment increases be declared invalid, CITY agrees to provide alternative benefits agreeable to NBPEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 5 Executed this day of ..-/4;1F. , 1984. NEWPORT BEACH POLICE EMPLOYEES ASSOCIAT,ZON By Thomas Little NBPEA Representative Ant ony ; 1 a NBPEA Representative By ,` By, CITY OF NEWPORT BEACH David Sens NBPEA Representative elson Ferguso NBPEA Representative By 1 V `-fit Lor o Mot Personnel Director City Representative enozBy ) John Bur hart Assistant to Finance Director City Representative APPRO ED AS TO FORM: Ro.ert H. Bur ham City Attorney City of Newport Beach 67,4 • • 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: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPEA") a recognized employee organ- ization, met and conferred, exchanging various proposals concern- ing wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPEA (hereinafter referred to as "EMPLOYEES") for the 1983-84 fiscal year. 8. NBPEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1983-84 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 25, 1983, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective June 25, 1983, CITY and NBPEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II PERS Pickup Effective June 25, 1983, CITY shall pay eight and seven -tenths percent (8.7%) of each "Safety Members'" PERS contribution rate, and seven percent (7.0%) of each "Miscella- neous Members'" PERS contribution rate to the Public Employees Retirement System (PERS). NBPEA acknowledges that CITY is 2 paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBPEA to so do, and that pay- ment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. ARTICLE III Scholastic Achievement Plan Effective October 1, 1983, CITY shall amend Schedule of Payments provision for the NBPEA Scholastic Achievement Plan, as follows: Years 30 Units 60 Units 90 Units BA/BS MA/MS/JD 2 $30 $30 $30 $30 $30 3 $30 $60 $90 $120 $120 4 $30 $60 $90 $120 $150 ARTICLE IV Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effec- tive date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. 3 ARTICLE V Conclusiveness of Memorandum This MOU contains all 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 meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execu- tion of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE VI Duration The terms of this MOU are to remain in full force and effect from the 25th day of June, 1983, until the 22nd day of June, 1984, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. 4 • • ARTICLE VII Separability. Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provid- ed, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, City agrees to provide alternative benefits agreeable to NBPEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 5 • i NBPEA Executed this wt.. day of e�. , 1983. NEWPORT/?BEACH POLICE EMPLOYEES ASSOCIATION By / 449 T omas Little NBPEA Representative nthony illa presentative By (-297G ' c at,C Lam/ Michael McDonough NBPEA Representative By //c'22io David Sens NBPEA Representative CITY OF NEWPORT BEACH By Lotento Mo Personnel Director CityARpresentatiye By: Joh Burkh Ass stant to Finance Director City Representative AP/ OVED AS TO FORM: 1 bert H. :urfiham City Attorney City of Newport Beach {. • • POLICE APPENDIX "A" APPROX. MO. CLASSIFICATION SALARY RANGE SALARY Police Captain 67.041-71.041 $3168 - 3851 Police Lieutenant 64.036-68.036 2724 - 3311 Police Officer 57.029-61.029 1923 - 2337 Police Sergeant 61.004-65.004 2280 - 2771 Police Woman 57.029-61.029 1923 - 2337 Animal Control Officer 52.002-56.002 1467 - 1783 Custodial Officer 52.007-56.007 1474 - 1792. Emergency Equip. Disp. 52.022-56.022 1496 - 1819 Parking Control Officer 48.036-52.036 1248 - 1517 Police Clerk 1 46.026-50.026 1121 - 1362 Police Clerk II* 48.005-52.005 1210 - 1471 Rangemaster-Armorer 52.001-56.001 1465 - 1781 Secretary to Police Chief 50.030-54.030 1368 - 1662 Station Officer 52.002-56.002 1467 - 1783 Note: Police clerical employees assigned to regular full work - Shifts at night receive $. 375 per hour night differential pay. *Terminal Class: new incumbents receive assignment pay 6/25/83 • C_, - ODSG 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: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPEA (here- inafter referred to as "EMPLOYEES") for the 1982-83 fiscal year. B. NBPEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1982-83 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into, effective July 1, 1982, upon approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 1, 1982, City and NBPEA agree that the salaries in each classification will be increased and that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". 2 ARTICLE II Family Sick Leave Effective July 1, 1982, the City agrees to amend the provisions of the sick leave program currently applicable to affected "EMPLOYEES" to include the spouse in addition to those benefits currently available. ARTICLE III Tuition Reimbursement Effective July 1, 1982, the City shall amend the applic- able provision of the Tuition Reimbursement Program for the non - sworn personnel as follows: Reimbursement is limited to $450.00 per semester of $300.00 per quarter. The maximum reimbursement is $900.00 per fiscal year. ARTICLE IV Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effec- tive date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. 3 ARTICLE V Conclusiveness of Memorandum This MOU contains all 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 meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE VI Duration The terms of this MOU are to remain in full force and effect retroactively from the 1st day of July, 1982, until the 24th day of June, 1983, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in 4 • • Section 13, Timetable for Submission of Requests of the Employer - Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE VII Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provid- ed, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, City agrees to provide alternative benefits agreeable to NBPEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 5 Executed this « day of Q e1, unt , 1982, CITY OF NEWPORT BEACH NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION By ByG�ry < . ij/�aa erson NBPEA"Representative Lorenzo Mot Personnel Director City Representative By'r eoige Pas Finance Dctor City Representative APPROVED AS TO FORM: JZ?trL 0--4747 By�' %Q . <'C i. Milton Geiger NBPEA Representative By i' / 1 C eid/ / Michael McDonough NBPEA Representative r.,1,j; omas Little NBPEA Representative • • POLICE APPENDIX "A" CLASSIFICATION Police Captain Police Lieutenant Police Officer Police Sergeant Police Woman APPROX. MO. SALARY RANGE SALARY 67.041-71.041 $3168 - 3851 64.036-68.036 2724 - 3311 57.029-61.029 1923 - 2337 61.004-65.004 2280 2771 57.029-61.029 1923 2337 Animal Control Officer 51.038-55.038 1447 1759 Custodial Officer 51.043-55.043 1454 1767 Emergency Equip. Dispatcher 52.008-56.008 1476 1794 Parking Control Officer 48.022-52.022 1231 1496 Police Clerk I 46.012-50.012 1105 1344 Police Clerk II* 47.041-51.041 1194 1451 Rangemaster-Armorer 51.037-55.037 1446 - 1757 Secretary to Police Chief 50.016-54.016 1349 - 1640 Station Officer 51.038-55.038 1447 - 1759 Note: Police clerical employees assigned to regular full workshifts at night receive $ .375 per hour night differential pay. *Terminal class: new incumbents receive assignment pay. 7/1/82 • TO: CITY CLERK CITY OF NEWPORT BEACH • PERSONNEL OFFICE Aug. 5, 1981 FROM: Lorenzo Mota, Personnel. Director SUBJECT: NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION M.O.U. - FISCAL YEAR 1981-82 REFERENCE TO EMPLOYEE P.E.R.S. CONTRIBUTION RATE During the meet and confer process with Newport Beach Police Employees Association, the City offered a 12.0% increase to sworn personnel and a 9.5% increase to non - sworn personnel. During the negotiation process, the employee representatives re- quested that the Citypay the entire employee P.E.R.S. contribution rate. The City subsequently agreed to pay one-half (4.5% sworn or 3.5% miscellaneous) of the employees P.E.R.S. contribution rate. The one-half payment of the rate was in lieu of a corresponding salary increase. 4111 CITY OF NEWPORT BEACH PERSONNEL OFFICE June 12, 1981 TO: FILE FROM: Personnel Director SUBJECT: POLICE ASSOCIATION,M.O.U: 1981-82 ARTICLE IV, RETIREMENT_ During meet -and -confer sessions conducted between the City Negotiating Team and the Newport Beach Police Association for FY 1981-82, the Police Associationrequested that the City pay the entire employees PERS contribution rate. As a result of the negotiation sessions, the City agreed to pay one-half (4.5% Safety and 3.5% Miscellaneous) of the employees' PERS contribution rate. The Employee's PERS contribution rate payment was in lieu of a 4.5% Safety and 3.5% Miscellaneous salary increase to the respective classifications. cc: George Pappas ,MO.RANDUM OF UNDERSTANI BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach Police Employees Association (hereinafter called "NBPEA") and shall apply to all classifications as set forth in Appendix "A." The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH AND NBPEA. NBPEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport. Beach City Council that all terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon adoption of such a resolution, all the terms and conditions of this, Memorandum shall become effective without further action by either party. ARTICLE I NBPEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBPEA as the recognized employee organization for the employees in the Police Employees unit, and agrees to meet and confer and otherwise deal exclusively with NBPEA on all matters within the scope of repre- sentation pertaining to the said employees as authorized by law. -1- \RS'l - I���- ARTICLE YI Dues Check -Off NEWPORT BEACH agrees to a check -off for .the •payment of the regular monthly NBPEA dues and to deduct such payments from the wages of all NBPEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBPEA in accordance with the terms of signed authorization of such members and employees. The deduction of such dues and the remittal of same by NEWPORT BEACH to NBPEA shall constitute payment of said dues by such members and employees of NBPEA. .ARTICLE III Salaries and Wages Effective July 1, 1981, NEWPORT BEACH and NBPEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. ARTICLE IV Retirement Effective July 1, 1981, the City agrees to pay one-half (4.5%) of each "Safety Member" PERS Contribution Rate and one-half (3.5%) of each "Miscellaneous Member" PERS Contribution Rate to the Public Employees Retirement System (PERS). ARTICLE V Medical NEWPORT BEACH agrees to increase the maximum Major Medical coverage benefit from Two Hundred and Fifty Thousand Dollars ($250,000) to One Million Dollars ($1,000,000).for Prudential Health Insurance. -2- ,ARTICLE VI Other Terms and Conditions of Employment All other terms and conditions of employment of all affected employees in existence immediately prior to the effective date of this Memorandum' shall remain unchanged and in full force and effect during the entire term of this Memorandum unless altered by mutual agreement of the parties hereto. ARTICLE VII �ondlusideness•of Memorandum This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for thelife of this Memorandum,' neither party shall be compelled, and each party expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the signing of this Memorandum and not set forth therein. ARTICLE VIII Duration The terms of this Memorandum are to remain in full force and effect from July 1, 1981, until the 30th day of June, 1982, and thereafter from year to year unless within the manner designated in Section 13, Timetable for of the Employer -Employee Relations Resolution, written notice upon the other of its desire to Memorandum. time frame and in the Submission of Requests, either party serves make changes in this -3- 21RTICLE IX Severability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decrees of a court of competent jurisdiction, such invalidation of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect; provided, however, that should the provisions of this Memorandum relating to pay schedule ad- justment increases be declared invalid, NEWPORT BEACH agrees to provide alternative benefits agreeable to NBPEA to the affected employees which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. EXECUTED this 9th at Newport Beach, California. CITY OF NEWPORT BEACH By, IJORENZD'MOTA Per nel•Directof. II, present g tiyy GEORG PPAS Financ irector City Representative APPROVED AS TO FORM: ROBERT "BURNHAM Assistant City Attorney day of June 1981, NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION By ) v By By GAR PETERSON RICHARD'' .LONG.''' THOMAS LITTLE APPENDIX "A" CLASSIFICATION SALARY. RANGE APPROX. MO. SALARY Police Captain 65.022-69.022 $2821-3429 Police Lieutenant 62.017-66.017 2425-2948 Police Sergeant 59.012-63.012 2085-2534 Police Officer 56.008-60.008 1794-2180 Police Woman 56.008-60.008 1794-2180 Emergency Equipment Dispatcher 50.043-54.043 1385-1683 Animal Control Officer 50.038-54.038 1378-1675 Station Officer 50.038-54.038 1378-1675 Rangemaster-Armorer 50.037-54.037 1377-1674 Sec.to Police Chief 49.016-53.016 1285-1562 Parking Control Ofcr. 47.022-51.022 1172-1425 Police Clerk II 46.041-50.041 1137-1382 Police Clerk I 45.012-49.012 1053-1280 Custodial Officer 50.043-54.043 1385-1683 Note: Police clerical employees assigned to regular full workshifts at night receive•$.375 per hour night differential pay. • • 061880 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach Police Employees Association (hereinafter called "NBPEA") and shall apply to all classi- fications as set forth in Appendix "A." The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and NBPEA. NBPEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorpora- ted in full in a resolution of the City Council. Upon adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. Vona \`j; ARTICLE I NBPEA Recognition NEWPORT BEACH hereby confirms its prior certifi- cation of NBPEA as the recognized employee organization for the employees in the Police Employees unit, and agrees to meet and confer and otherwise deal exclusively with NBPEA on all matters within the scope of representation pertaining to the said employees as authorized by law. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBPEA dues and to deduct such payments from the wages of all NBPEA members and employees when autho- rized to do so by said members and employees, and remit such payments to the NBPEA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by NEWPORT BEACH to NBPEA shallconstitute payment of said duesby such members and employees of NBPEA. / / / / / / -2- • • ARTICLE III Salaries and Wages 'Effective July 1, 1980, NEWPORT BEACH and NBPEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. ARTICLE IV Holidays The Veterans' Day holiday shall be celebrated on November 11, 1980. ARTICLE V Medical NEWPORT BEACH agrees to increase the maximum annual dental benefit from Five Hundred Dollars ($500.00) to Seven Hundred Fifty Dollars ($750.00) (basic and major). NEWPORT BEACH agrees to meet and confer with NBPEA representatives in a timely manner regarding the selection of an optional membership in a qualified health maintenance organization. -3- • • ARTICLE VI Other Terms and Conditions of Employment All other terms and conditions of employment of all affected employees in existence immediately prior to the effective date of this Memorandum shall remain unchanged and in full force and effect during the entire term of this Memorandum unless altered by mutual agreement of the parties hereto. ARTICLE VII Conclusiveness of Memorandum This Memorandum contains all the covenants, stipu- lations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and each party expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to mace and none of the parties shall be bound by any statement, representation or agreement reaches prior to the signing of this Memorandum and not set forth herein. -4- ARTICLE VIII Duration The terms of this Memorandum are to remain in full force and effect from July 1, 1980, until the 30th day of June, 1981, and thereafterom from year to year unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests, of the Employer - Employee Relations Resllution, either party serves written notice upon the other of its desire to make changes in this Memorandum. ARTICLE IX Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction; such invalidation of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect; provided,, however, that should the provisions of this Memorandum relating to pay schedule adjustment increases be declared invalid, NEWPORT BEACH agrees to provide alternative -5- benefits agreeable to NBPEA to the affected employees which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. EXECUTED this 23rd day of June , 1980, at Newport Beach, California. CITY OF NEWPORT BEACH By GEORGE PAS Finance +'rector/ City Representative APPROVED AS TO FORM: ROBERT H. BURNHAM Assistant City Attorney -6- NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION BY)mn¢lid/ /J 0-- DONALD M. AND R BY / / /GCiad i C Ott( MICHAEL A. McDONOUGH By da �� CHARLES E. WIL IN ON APPENDIX "A" APPROX. MO. CLASSIFICATION SALARY RANGE SALARY Police Captain 63.045 - 67.045 2,616 - 3,180 Police Lieutenant 60.040 - 64.040 2,248 - 2,734 Police Sergeant 57.035 - 61.035 1,934 - 2,350 Police Officer 54.030 - 58.030 1,662 - 2,020 Police Woman 54.030 - 58.030 1,662 - 2,020 Emergency Equipment Dispatcher 49.033 - 53.033 1,306 - 1,588 Animal Control Officer 49.028 - 53.028 1,300 - 1,580 Station Officer 49.028 - 53.028 1,300 - 1,580 Rangemaster - Armorer 49.027 - 53.027 1,299 - 1,579 Sec. to the Police Chief 48.006 - 52.006 1,212 - 1,473 Parking Control Officer 46.012 - 50.012 1,105 - 1,344 Police Clerk II 45.031 - 49.031 1,073 - 1,304 Police Clerk I 44.002 - 48.002 993 - 1,207 Custodial Officer 49.033 53.033 1,306 - 1,588 Note: Police clerical employees assigned to regular full workshifts at night receive $.375 per hour night differential pay. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION The wages, hours, and conditions of employment that are set forth in this Memorandum have been discussed and jointly pro- posed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach Police Employees Association (hereinafter called "NBPEA") and shall apply to all classifications as set forth in Appendix "A." The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBPEA. The NBPEA agrees to recommend accep- tance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a Resolution of the City Council. Upon the adoption of such a Resolu- tion, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBPEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBPEA as the recognized employee organization for the employees in the Police Employees unit, and agrees to meet and confer and other- wise deal exclusively with NBPEA on all matters within the scope GIP sip of representation pertaining to the said employees as authorized by law. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBPEA dues, and to deduct such payments from the wages of all NBPEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBPEA in accordance with the terms of .signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBPEA shall constitute payment of said dues by such members and employees of the NBPEA. ARTICLE III Salaries and Wages Effective July 1, 1979, NEWPORT BEACH and NBPEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. ARTICLE IV Retirement NEWPORT BEACH agrees to pay one-half of the uniform employees' contribution (four and one-half percent [4-1/2%]) and three and one-half percent (3-1/2%) of the non -uniform employees' -2- a contribution to the Public Employees Retirement System (PERS). NEWPORT BEACH agrees to a lump sum payment the first pay period following the signing of this Memorandum of Understanding that will reflect an amount equal to one-half the employees' contribution to PERS for the period of time between July 1, 1978, and the signing of this Memorandum of Understanding. NEWPORT BEACH will thereafter pay one-half the employees' contribution to PERS for the remainder of Fiscal Year 1978-79, at which time such increased contribution by NEWPORT BEACH shall cease and revert to the normal rate of employee contribution. ARTICLE V Overtime Effective on the date of execution of this Memorandum of Understanding, each uniform employee represented by NBPEA shall receive compensation for all time worked in excess of his/her normally scheduled work week ("overtime") at the rate of one and one-half (1-1/2) times his/her normal hourly rate of pay. Said overtime compensation shall be paid retroactively from July 1, 1978, to the signing of this Memorandum of Understanding. ARTICLE VI Military Buy -Back Effective July 1, 1978, NEWPORT BEACH agrees to amend its contract with the Public Employees Retirement System (PERS) to provide for the inclusion of Section 20930.3 of the California Government Code, said section allowing for credit for military -3- SIP 00 service for uniform employees represented by NBPEA. ARTICLE VII Other Terms and Conditions of Employment All other terms and conditions of employment of all affected employees in existence immediately prior to the effective date of this Memorandum of Understanding shall remain unchanged and in full force and effect during the entire term of this Memorandum unless altered by mutual agreement of the parties hereto. ARTICLE VIII Conclusiveness of Memorandum This Memorandum contains all the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and each party expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representa- tion, or agreement reached prior to the signing of this Memorandum and not set forth herein. ARTICLE IX Duration The terms of this Memorandum are to remain in full force and effect from July 1, 1978, until the 30th day of June, 1980, -4- and thereafter from year to year unless within the time frame and in the manner designated in Section 13, TIMETABLE FOR SUBMISSION OF REQUESTS, of the Employer -Employee Relations Resolution, either party serves written notice upon the other party of its desire to make changes in this Memorandum. ARTICLE X Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidation of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect; provided, however, that should the provisions of this Memorandum relating to pay schedule adjustments increases be declared invalid, City agrees to provide alternative benefits agreeable to the NBPEA to the affected employees which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. ARTICLE XI "Code 7" In consideration for the salaries and fringe benefits contained herein, NBPEA agrees to dismiss with prejudice Orange County Superior Court Case No. 240456 entitled Newport Beach Police -5- M e• Employees Association v. City of Newport Beach, subject to the provisions contained in Article XII, paragraph 4, below. ARTICLE XII State Surplus Disclaimer If, in Fiscal Year 1979-80, the State allocates surplus funds to cities to relieve the burden created by lost property tax revenues brought about by the passage of Proposition 13, and if conditions are attached to those funds which prevent or limit the City's ability to grant employee salary increases, then it is understood and agreed between the parties hereto as follows: 1. If the State guidelines for acceptance of State surplus funds permit some percentage salary increases, NEWPORT BEACH agrees to pay employees that percentage increase up to a maximum increase as set forth in Appendix "A"; 2. NEWPORT BEACH and NBPEA agree to reopen negotiations for the purpose of determining alternate means of compensation to make up the difference between the percentage paid in salaries and the remainder of the agreed upon percentage salary increase as set forth in this Memorandum of Understanding, subject to the conditions contained in paragraph 4 below; 3. If no salary increases are permitted under the State guide- lines, then NEWPORT BEACH and NBPEA agree to reopen negotiations for the purpose of determining substitute forms of compensation which will equate to the total dollar amount of the proposed percentage -6- salary increase as set forth in this Memorandum of Understanding, subject to the conditions contained in paragraph 4 below; 4. The commitments contained in this Article are made by NEWPORT BEACH in good faith and shall be honored by NEWPORT BEACH to the best of its ability, exercising every reasonable effort to make available sufficient municipal revenues to satisfy these commitments. If NEWPORT BEACH and NBPEA fail to reach a mutually satisfactory determination of an alternate means of compensation, NBPEA reserves its right to proceed with the lawsuit referenced in Article XI hereinabove; 5. If the State guidelines have been adjudicated and declared invalid as they apply to salary adjustments contained in existing contractual agreements, NEWPORT BEACH agrees to pay the full percentage salary increase as set forth in this Memorandum of Understanding. EXECUTED this ,°y day of ©tega.t....0 , 1978. CITY OF NEWPORT BEACH By W GE GE P*•&LS, Fin.nc:, DA City Rep: ntative APPROVED AS TO FORM: ector/ DENNIS D. O•'NEIL, City Attorney NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION By By m. ' . V "F . AYNE" A. SCgwAgMEE: - Ass4 o-the Ci Manager/City ei r-sent tiVe -7- IND Police Police Police Police Police Captain Lieutenant Sergeant Officer Woman Emergency Equipment Dispatcher Animal Control Officer Station Officer Sec. to Police Chief Parking Control Officer Police Clerk II Police Clerk I Custodial Officer Note: APPENDIX "A" Salary 60.046 - 57.041 - 54.036 - 51.031 - 51.031 - 47.002 46.047 46.047 45.025 43. 031 43.000 41.021 47.002 Range 64. 046 61.041 58.036 55.031 55.031 - 51.002 - 50.047 - 50.047 - 49.025 - 47.031 - 47.000 - 45.021 - 51.002 Approx. Mo. Salary 2,262 1,945 1,672 1,437 1,437 1,149 1,144 1,144 1,066 973 944 874 1,149 - 2,750 - 2,364 - 2,032 - 1,747 - 1,747 - 1,397 - 1,390 - 1,390 - 1,296 - 1,183 - 1,147 - 1,062 - 1,397 Police Department civilian employees assigned to regular full workshifts at night receive $ .37-1/2 per hour night differential pay; said increase retroactive to July 1, 1978. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the City Council of the City of Newport Beach and the Newport Beach Police Employees Association. All the terms and conditions of this Memorandum shall become effective upon adoption of a Resolution by the City Council. ARTICLE I Salaries Effective September -10th, 1977, the salary schedule for sworn personnel will be as follows: Classification Salary Range Monthly Salary Police Captain 57.044-61.044 1,951 - 2,371 Police Lieutenant 54.029-58.039 1,677 - 2,038 Police Sergeant 51.034-55.034 1,442 - 1,752 Police Officer 48.029-52.029 1,239 - 1,506 Policewoman 48.029-52.029 1,239 - 1,506, The salary schedule for non -sworn personnel will remain the same as contained in a motion by the City Council on July 25th, 1977. ARTICLE II Retirement The City Council agrees to amend its contract with the Public Employees Retirement System to provide for the inclusion of Section 21252.01, referred /927-70.—re ' to as the 2% @ 50 retirement formula. The effective date of this Amendment will be on or before June 30th, 1978. . ARTICLE III Continuation of Existing Benefits Any other benefits or agreements now in effect and not specifically covered by any other Article of this Memorandum shall remain unchanged. ARTICLE IV Duration ' The terms of this Memorandum are to remain in'full force and effect until the 30th day of June, 1978. Executed this l2th day of September 1977, CITY OF NEWPORT BEACH By: MILAN M. DOSTAL MAYOR Approved as to Form: THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION By: STEVEN VAN HORN, PRESIDENT /JAMES GARDINER, REPRESENTATIVE /fjo DENNIS O'NEIL, CITY ATTORNEY `GA Y,PETE REPRESENTATIVE