HomeMy WebLinkAbout17 - Police Employees Association (PEA) MOUSeptember 27, 1999
Agenda Item No. 17
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES DEPARTMENT
Resource Management • Human Resources • Fiscal Services • M.I.S. • Revenue • Accounting
September 27,1999
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
From: Dennis Danner, Administrative Services Director
SUBJECT: MULTI -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH
POLICE EMPLOYEES ASSOCIATION (PEA)
BACKGROUND:
The current agreement with the Police Employees Association (PEA) expired on December 31,
1998. The terms of that agreement were extended through the present time with the mutual
consent of the City and the Association while negotiations were ongoing for a new agreement.
The City and the Association have reached tentative agreement on a new contract, which will
cover the period January 1, 1999, to December 31, 2000. A Supplemental 1997 MOU, which
affects the expiration of a "salary formula" will continue to be in effect until July 1, 2001.
PROPOSED NEW AGREEMENT:
Following are the significant provisions of the new agreement:
1. Compensation Adjustment:
A. Effective the first pay period in January, 1999, the City shall increase base salary
for PEA employees by 2.5 %.
B. Effective the first pay period in January, 2000, the City shall increase base salary
for PEA employees by 2.5 %.
C. Additional increases (if due) shall be made on July 151 of each year of this
agreement pursuant to the Supplemental MOU. This adjustment guarantees that
PEA members' pay will remain at the average pay of the top five law enforcement
agencies in Orange County.
D. The current Scholastic Achievement Pay program shall be modified to convert a
flat dollar compensation for each category of achievement to a percentage in the
following manner:
September 27, 1999
Page 2
Years of
Service 60 units
90 units
BA/BS
MA/MS /JD
2 $40 1%
$40
1%
$40 1%
$40 1%
3 $96 2%
$144
3%
$192 5.5%
$192 5.5%
4 $96 2%
$144
3%
$192 5.5%
$240 6.5%
In addition, effective
with
this
MOU, payments
will be made only for
units /degrees above
the minimum qualifications
called for in the job
specifications.
E. 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.
2. Master Officer Pay:
For more efficient processing, effective the first pay period in January, 2000, Master
Officer Pay will be converted to steps of the salary plan as opposed to "special pay" as it
is now computed.
3. Additional Retirement Options:
This contract includes a re- opener clause regarding the potential of additional PERS
retirement options, which the City would consider and discuss on a cost neutral basis to
the City.
4. New Disability Insurance Program:
The PEA has agreed to participate in the revised disability insurance program that is
currently in effect for the non - safety bargaining units. This program involves a 1% base
salary increase for employees which is then used to pay the disability insurance premium.
This procedure insures that benefits received by employees are non - taxable.
5. Medical Insurance:
The PEA has chosen not to participate in the July, 1999 and July, 2000 increase in the
City's contribution to the medical, dental, and vision premiums.
RECOMMENDATION:
The terms of the proposed agreement are within the general parameters established by the City
Council at the outset of the negotiating season and the funds for these adjustments for the 1999-
2000 fiscal year are included in the adopted budget. Staff recommends approval of the new
MOU. 0
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU ") is entered into with reference to the following:
PREAMBLE
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.
31. 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.
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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 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.
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.
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.
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;
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(e) the discipline of employees; Final
(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;
(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
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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.
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
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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.
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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.
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 Adjustments. The salaries
specified in Exhibit "B ", or total compensation, as
appropriate, shall be subject to the following
guaranteed adjustments:
(a) Salary Adjustments. 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
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) Subsequent 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.
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(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.
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 0
(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
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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 additional shift
and subsequently leap 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 Proaram.
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
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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..
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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.
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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.
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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 will be
compensated for each shift worked as an FTO with a
trainee at the following hourly rate per shift:
work shift Hours
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10
12
From July 1, 1999
classifications
consistent with
practice.
Multiplier per Shift
375
415
5
until 12/31/00, the following
will receive training pay
existing department /division
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.
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)
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additional hours overtime per month (six (6) hours
at time and one half equals nine (9) hours
compensation).
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.
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.
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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 provisions of subsection (b)
NBPEA members shall accrue flex leave as
follows:
Years
of Con't. Svc.:
Adjusted Accrual
Per Pay Period:
1
but
less
than 5
6.85
5
but
less
than 9
7.46
9
but
less
than 12
8.08
12
but
less
than 16
8.70
16
but
less
than 20
9.31
20
but
less
than 25
9.92
25
and
over
10.54
(b) NBPEA members hired, or rehired, by the City
of Newport Beach on or after September 1, 1997
shall accrue flex leave at the following
rates;
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Years of Service Accrual Rate Final
Per Pay Period
1
but
less
than 5
5.23
5
but
less
than 10
6.15
10
but
less
than 16
7.07
16
but
less
than 20
9.31
20
but
less
than 25
9.92
25
and
over
10.54
(c) During the meeting and conferring for the 1999
MOU, NBPEA may opt to increase unit employees
salaries in exchange for a reduction of up to
two (2) days (16 hours) of paid leave accrual.
Said exchange shall be at the same rate (0.4%)
per eight (8) hours of leave accrual as is
used in this MOU.
Nothing herein is intended to limit or
restrict NBPEA's ability to meet and confer
over future paid leave accrual rates and
levels as well as salary levels pursuant to
the modified formula and /or the meet and
confer process in general.
(d) The Flex leave program shall be administered
as follows:
(i) NBPEA members shall not accrue flex leave
until continuously employed by the
Newport Beach Police Department for a
period of six (6) months provided,
however, if a member on the flex leave
program becomes sick during the first six
months of employment, the City will
advance up to thirteen (13) pay periods
of paid leave time for use by the member
to recover from illness. In the event
the City advances paid leave time and the
employee is terminated or resigns before
completing six months of continuous
employment, the member's final check
shall be reduced by an amount equal to
the number of flex leave hours advanced
multiplied by the member's hourly rate of
pay.
(ii) NBPEA members shall accrue thirteen pay
periods of flex leave immediately upon
completion of six (6) months continuous
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 1098 of their base
hourly rate.
19
Final 0
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. - 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.
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 tc
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
E-a
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. Chancres 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.
Disability Insurance - NEW
Effective April, 1999, the City shall provide disability
insurance with the following provisions:
Weekly Benefit 66 2/3%
gross weekly wages
Maximum Benefit (mo.) $5,000
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.
Concurrent with the commencement of this program, the
employees shall assume resppnsibility 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 0
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 (1008) of the actual cost of tuition,
books, fees or other student expenses for approved
job - related courses. Maximum tuition reimbursement for
sworn personnel shall be $885.00 per 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. 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 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 B :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.
11
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
ff
Management recognizes its obligations under
Milias -Brown Act to meet and confer before
substantive changes to work schedules that
employee's conditions of employment.
1. Substantive Work Schedule Modifications
Final
the Meyers -
making any
impact an
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.
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
W
0
is
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 /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:
(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.
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
0
Final
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 Personnel Resolution.
4. Re- Emolovment.
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.
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.
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.
3.
Guidelines.
Any NBPEA member may file a
retaliation or any adverse
condition of employment.
Final
grievance without fear of
impact on any term or
(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.
Procedure for NBPEA Members.
Step I - 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
30
Is
11
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 - ADDeal 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.
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
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.
D. Use of Tobacco Products 0
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
0
Executed this day of
1999:
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION
By:
Steve Martinez
By:
John Adams
CITY OF NEWPORT BEACH
By:
ATTEST:
By:
Dennis D. O'Neil
Mayor
LaVonne Harkless
City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
0
00
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 piuposes 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
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 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 is
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 commerce 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.
0
9
0 Executed this day of 1997:
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION
a
.2
Steve Martinez
John Adams
CITY OF NEWPORT BEACH
32
Dennis O'Neil
Mayor
ATTEST:
By:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
By:
. Robert H. Burnham, City Attorney
EXHIBIT A
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION .
REPRESENTED CLASSIFICATIONS
Police Officer
Senior Dispatcher
Dispatcher
Senior Custody Officer
Custody Officer
Computer Support Manager
Civilian Supervisor
Senior Animal Control Officer
Animal Control Officer
Senior Community Services Officer
Community Services Officer
Photo ID Technician
Station Officer
Range Master
Electronic Specialist
Fiscal Services Manager
Crime Scene Investigator
Computer Technician
Computer Applications Coordinator
Senior Crime Analyst
Crime Prevention Specialist
Video Technician
E
0
Peal99.xls 9:39 AM 9122M -
EXHIBIT B
POLICE MATRIX (January 2, 1999) - TO BE USED FOR PEA MEMBERS
New
Position ,Selagt PAM Health Total Pereentane Hourly Rate
Safe 9.0000%
Non -Safety 7.0000% $425
Police Officer 1
$3,475
$313
$425
$4,213
71.11%
2030 2015 2
$3,649
$328
$425
$4,402
74.67%
3
$3,831
$345
$425
$4,601
78.40%
4
$4,022
$362
$425
$4,809
82.30%
5
$4,222
$380
$425
$5,027
86.40%
6
$4,433
$399
$425
$5,257
90.700/°
7
$4,654
$419
$425
$5,498
95.240/6
8
9
$5,131
$462
$425
$6,018
105.00%
10
$5,376
$484
$425
$6,285
110.00%
11
$5,498
$495
$425
$6,418
112.50%
12
$5,620
506
425
$6,551
115.00%
2031 2025 2
$4,022
$362
$425
$4,809
3
$4,222
$380
$425
$5,027
4
$4,433
$399
$425
$5,257
5
$4,654
$419
$425
$5,498
6
$4,887
$440
$425
$5,752
7
$5,131
$462
$425
$6,018
L e 1
$5,514
5496
$425
$6,435
7143
2
55,790
$521
$425
4 57,5
118.48 ° /.
$425
6,079
$547
5 $7
$7,051
124.400/°
4
Se,
8,270
$425
$7,382
130.62%
5
$e
$781
$425
$7,755
137.60•
8 $9.117
7,038
3633
$10.363
$8,096
144.02%
7
$7,390
$665
$425
151.22%
8
$7 760
$698
$425
$8,883
2 $6,803
$612
$425
139.
7143
$643
$8,211
146.
4 57,5
$425
$8,601
153.
5 $7
$
$425
$9,010
161.
8,270
$744
$9,439
169.
7 $8,683
$781
5425
177.
8 $9.117
$821
5425
$10.363
�t86
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
33AO385
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
Peal99.xis 9:39 AM 912299
2
$2,943
$206
$425
$3,574
62.1
$5,208
POLICE MATRIX (January Z 9999) - TO BE USED FOR
PEA MEMBERS
$216
$425
$3,733
Now
$383
4
$3,243
$227
$425
Position
67.7,
UM
Pots
Health
Total Percentaoe
$425
Hourly Rate
Safety
$6,875
6
9.0000%
$250
$425
$4,247
73.84
Non - Safety
7
$3,750
7.0000%
$425
$4,438
77.1:
8
SR DISPATCHER
1
$3,240
$227
$425
$3,892
67.67°/.
18.69231
2210 2200
2
$3,403
$238
$425
$4,066
70.68%
19.63269
$224
3
$3,572
$250
$425
$4,247
73.84%
20.60769
$425
4
$3,750
$263
$425
$4,438
77.15%
21.63462
$4,195
5
$3,936
$276
$425
$4,636
80.60%
22.70769
76.16
6
$4,130
$289
$425
$4,844
84.220/,
23.82692
7
$4,335
$303
$425
$5,063
88.03%
25.00962
2200 2170
2
$2,943
$206
$425
$3,574
62.1
$5,208
3
$3,092
$216
$425
$3,733
64.9(
$383
4
$3,243
$227
$425
$3,895
67.7,
$425
5
$3,405
$238
$425
$4,068
70.74
$6,875
6
$3,572
$250
$425
$4,247
73.84
125.10%
7
$3,750
$263
$425
$4,438
77.1:
8
8
$3,936
$276
$425
$4,636
80.6(
t CUSTODY
1
$3,193
$224
$425
E3,842
66.80
50 2195
2
$3,354
$235
$425
$4,014
69.79
3
$3,523
$247
$425
$4,195
72.93
4
$3,697
$259
$425
$4,381
76.16
5
$3,775
$264
$425
$4,464
77.60
6
$4,070
$285
$425
$4,780
83.11
7
$4,274
$299
$425
$4,998
86.89
8
$4,486
$314
$425
$5.225
90.83
ISTODY
1
$2,764
$193
$425
$3,382
58.79
40 2155
2
$2,901
$203
$425
$3,529
61.35
3
$3,048
$213
$425
$3,686
64.08
4
$3,198
$224
$425
$3,847
66.88
5
$3,354
$235
$425
$4,014
69.79
6
$3,523
$247
$425
$4,195
72.93
7
$3,696
$259
$425
$4,380
76.15
CPTR. SUPT MGR 1
$4,961
$347
$425
$5,733
99.670/.
2260 2225 2
$5,208
$365
$425
$5,998
104.28%
3
$5,470
$383
$425
$6,278
109.15%
4
$5,743
$402
$425
$6,570
114.220/0
5
$6,028
$422
$425
$6,875
119.53%
6
$6,328
$443
$425
$7,196
125.10%
7
$6,641
$465
$425
$7,531
130.92%
8
$6,972
$488
$425
$7,885
137.09%
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
25.88077
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
r�
LJ
E
F_ -I
L-A
Peat99xls 9:39 AM 9122/99
POLICE MATRIX (January 2, 9999) - TO BE USED FOR PEA MEMBERS
New
Position Sala At PAM Health low Percentage Hourly Rate
Safe 9.00000/.
Non - Safety 7.00009. $425
2215 2
$3,872
$271
$425
$4,568
3
$4,065
$285
$425
$4,775
4
$4,267
$299
$425
$4,991
5
$4,479
$314
$425
$5,218
6
$4,701
$329
$425
$5,455
7
$4,933
$345
$425
$5,703
8
$5,179
$363
$425
$5,966
$4,358
8
$3,858
$270
$425
$4,553
1
$3,176
$222
$425
$3,823
2190 2
$3,336
$234
$425
$3,994
3
$3,503
$245
$425
$4,173
4
$3,676
$257
$425
$4,358
5
$3,858
$270
$425
$4,553
6
$4,049
$283
$425
$4,757
7
$4,250
$298
$425
$4,973
10 2150
2
$2,884
$202
$425
$3,511
3
$3,030
$212
$425
$3,667
4
$3,179
$223
$425
$3,827
5
$3,336
$234
$425
$3,995
-
6
$3,503
$245
$425
$4,173
7
$3,676
$257
$425
$4,358
8
$3,858
$270
$425
$4,553
t CSO
1
$2,708
$190
$425
$3,323
95 2140
2
$2,899
$203
$425
$3,527
3
$2,987
$209
$425
$3,621
4
$3,131
$219
$425
$3,775
5
$3,289
$230
$425
$3,944
6
$3,451
$242
$425
$4,118
7
$3,621
$253
$425
$4,299
8
$3,801
$266
$425
$4,492
i0
1
$2,128
$149
$425
$2,702
90 2105
2
$2,235
$156
$425
$2,816
3
$2,347
$164
$425
$2,936
4
$2,464
$172
$425
$3,061
5
$2,594
$181
$425
$3,190
6
$2,710
$190
$425
$3,325
7
$2,847
$199
$425
$3,471
8
$2,987
$209
$425
$3,621
9
$3,134
$219
$425
$3,778
90.
94.
99.
79.
71.E
74.1
78.1
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.x1a 9:39 AM 9122/99
POLICE MATRIX (January Z 9999) - TO BE USED FOR PEA MEMBERS
NOW
Position SaIHq( Pers Health Ifltal Parcantaca Hourly Rate
Safet 9.0000%
Non-Safety 740000% $425
PHOTO ID 1
$3,050
$214
$425
$3,689
64.14%
2220 2185 2
$3,204
$224
$425
$3,853
66.99%
3
$3,364
$235
$425
$4,025
69.97%
4
$3,534
$247
$425
$4,206
73.12%
5
$3,707
$259
$425
$4,392
76.35%
6
$3,892
$272
$425
$4,589
79.78%
7
$4,084
$286
$425
$4,795
83.37%
8
$4,287
$300
$425
$5,012
87.14%
STA OFCR 1
$2,748
$192
$425
$3,365
58.50%
2300 2150 2
$2,885
$202
$425
$3,512
61.05%
3
$3,030
$212
$425
$3,667
63.75%
4
$3,179
$223
$425
$3,827
66.54%
5
$3,336
$234
$425
$3,995
69.46%
6
$3,502
$245
$425
$4,172
72.53%
7
$3,676
$257
$425
$4,358
75.77%
8
$3,858
$270
$425
$4,553
79.15%
RANGE MSTR 1
$2,747
$192
$425
$3,364
58.49%
2270 2145 2
$2,883
$202
$425
$3,510
61.03%
3
$3,028
$212
$425
$3,665
63.71%
4
$3,178
$222
$425
$3,825
66.49%
5
$3,334
$233
$425
$3,992
69.40%
6
$3,499
$245
$425
$4,169
72.48%
7
$3,672
$257
$425
$4,354
75.70%
8
$3,854
$270
$425
$4,549
79.08%
ELECTRONIC SPEC 1
$3,546
$248
$425
$4,219
73.350A
160 2205 2
$3,724
$261
$425
$4,410
76.67%
3
$3,910
$274
$425
$4,609
80.12%
4
$4,106
$287
$425
$4,618
83.77%
5
$4,312
$302
$425
$5,039
87.60%
6
$4,527
$317
$425
$5,269
91.60%
7
$4,753
$333
$425
$5,511
95.81%
8
$4,991
$349
$425
$5,765
100.239a
FISCAL SVC MGR 1
$4,140
$290
$425
$4,855
84.41%
170 2203 2
$4,348
$304
$425
$5,077
88.27%
3
$4,566
$320
$425
$5,311
92.33%
4
$4,812
$337
$425
$5,574
96.90%
5
$5,073
$355
$425
$5,853
101.75%
6
$5,345
$374
$425
$61144
106.82%
7
$5,632
$394
$425
$6,451
112.15%
8
$5,932
$415
$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
CJ
Pea199.x1s 9:39 AM 9122199
POLICE MATRIX (January 2, 1999) - TO BE USED FOR PEA MEMBERS
New
40 Position Sala gt Pars Health IDW Percentage Hourly Rate
Safet 9.0000%
Non- Safety 7.0000% $425
CRIME SCENE INV 1
$2,736
$192
$425
$3,353
58.29%
2132 2143 2
$2,875
$201
$425
$3,501
60.86%
3
$3,019
$211
$425
$3,655
63.54%
4
$3,167
$222
$425
$3,614
66.30%
5
$3,325
$233
$425
$3,983
69.24%
6
$3,491
$244
$425
$4,160
72.32%
7
$3,664
$256
$425
$4,346
75.55%
8
$3,848
$269
$425
$4,542
78.97°/*
COMPUTER TECH 1
$3,322
$233
$425
$3,980
69.20%
2137 2204 2
$3,489
$244
$425
$4,158
72.29%
3
$3,665
$257
$425
$4,347
75.58%
4
$3,834
$268
$425
$4,527
78.70%
5
$4,058
$284
$425
$4,767
82.88%
6
$4,226
$296
$425
$4,947
86.01%
7
$4,451
$312
$425
$5,188
90.19%
8
$4,677
$327
$425
$5,429
94.38 * /a
2 $4,535
$317
$425
$5,277
3 $4,763
$333
$425
$5,521
4 $5,000
$350
$425
$5,775 1
5 $5,250
$368
$425
$6,042 1
6 $5,513
$386
$425
$6,324 1
7 $5,789
$405
$425
$6,619 1
SR CRIME ANALYST 1
$3,172
$222
$425
$3,819
66.40%
2
$3,331
$233
$425
$3,989
69.350/*
3
$3,499
$245
$425
$4,169
72.48%
4
$3,672
$257
$425
$4,354
75.69%
5
$3,856
$270
$425
$4,551
79.12%
6
$4,047
$283
$425
$4,755
82.67%
7
$4,250
$298
$425
$4,973
86.46%
8
$4,463
$312
$425
$5,200
90.40%
CRIME PREV SPEC 1
$3,007
$210
$425
$3,643
63.33%
2
$3,158
$221
$425
$3,804
66.13%
3
$3,316
$232
$425
$3,973
69.07%
4
$3,482
$244
$425
$4,151
72.16%
5
$3,656
$256
$425
$4,337
75.40%
6
$3,840
$269
$425
$4,534
78.82%
7
$4,033
$282
$425
$4,740
82.40%
8
$4,235
$296
$425
$4,956
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
20.18654
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
Peal99.xis 9:39 AM 9122199
POLICE MATRIX (January Z 1999) - TO BE USED FOR PEA MEMBERS
NOW
Position Sala At Para Health Total Pereentaaa Hourly Rata
Safety 9.0000%
Non - Safety 7.0000% $425
2 $3,724
$261
$425
$4,410
3 $3,910
$274
$425
$4,609
4 $4,106
$287
$425
$4,818
5 $4,312
$302
$425
$5,039
6 $4,527
$317
$425
$5,269
7 $4,753
$333
$425
$5,511
80.
95.81
POLICE RESERVE 1
$2,137
$150
$425
$7,581
N/A
R180 9615 2
$2,285
$160
$425
$7,739
N/A
3
$2,400
$168
$425
$7,862
N/A
4
$2,519
$176
$425
$7,989
N/A
5
$2,645
$185
$425
$8,124
N/A
6
$2,779
$195
$425
$8,268
WA
7
$2,917
$204
$425
$8,415
N/A
8
$3,063
$214
$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
r1