HomeMy WebLinkAbout05 - MOU with Police Employees & Police Management AssociationsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
September 13, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
949 - 644 -3222, swood @city.newport- beach.ca.us
SUBJECT: Memoranda of Understanding with Police Employees and Police
Management Associations
RECOMMENDATION:
Approve the Memoranda of Understanding (MOUs) with the Police Employees
Association (PEA) and Police Management Association (PMA) for the two -year period
of January 2005 through December 2006.
DISCUSSION:
Background:
The MOUs with our two Police associations expired on December 31, 2004. The City's
negotiating team knew, from our discussions with the associations in early 2004 to
extend the previous MOU, that the single most important issue for these employee
groups was an improved retiree medical program. Although staff had developed a draft
of a new plan by early 2005, the complexity of the subject resulted in our not having a
proposal well enough developed to present to the employees and begin negotiations
until November 2004. Also due to the complexity of the retiree medical issue, it took
time for the associations to understand the proposed program, become comfortable with
it, and negotiate the final details of it, as well as other issues in the MOU. We have
finally concluded the negotiations and reached tentative agreement with both
associations, pursuant to direction from the City Council, and their members have
ratified the agreements.
Summary of MOU Provisions
1. Term: 2 years
MOUs with Police Employees and Management Associations
September 13, 2005
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2. Salary Adjustments:
• 3% January 2005
• 3% January 2006, plus 1% for contribution to retiree medical
Nearby cities, including Irvine, Costa Mesa and Huntington Beach, have increased
police salaries and Newport Beach had fallen behind the market. With current
vacancies in our Police Department resulting in the Department being down 20 officers,
and the competition among agencies for well qualified candidates, it is important for
Newport Beach to stay current with the market.
3. Modifications to Master Officer Recognition Program:
• Eliminate requirement for 6 months in regular patrol before receiving another
specialty assignment
• Count two years in regular patrol as one year in specialty assignment
One of the ways the Police Department is maintaining service levels despite vacancies
is to hire retired Officers periodically. These individuals are not attracted by regular
patrol assignments, but agree to help the Department if they can work in specialty
assignments. This results in fewer specialty assignments being available for full -time
Officers, and they are unable to reach the Master Officer levels as quickly as normal.
These changes will restore the progression through the Master Officer program and
help to retain our Officers.
4. Flex Leave: Eliminate "2nd tier"
When the City was experiencing budget challenges in the 1990's as a result of ERAF I,
the employee associations agreed to the reduction of flex leave accrual rates for
employees hired after September 1, 1997. The lower level of leave accrual has become
a recruitment problem, and has affected morale when two employees with similar
experience and tenure have significantly different amounts of time off. This change
would equalize flex leave accrual rates, prospectively only; it would not result in adding
accrued leave for any period prior to the January 1, 2005 effective date of this MOU.
5. Health Benefit:
■ $674 per month January 2005
• $724 per month January 2006
The January 2005 increase will bring the Police employees to the same level as the
non - safety employees, and the increase of $50 in the following year addresses the
ongoing increases in medical insurance costs.
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MOUs with Police Employees and Management Associations
September 13, 2005
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6. Retiree Medical Benefit:
Effective December 31, 2005, the City will provide a new retiree medical program. The
City now provides a defined benefit program, with the City, active employees and
retirees sharing the costs. Several years ago, we addressed the unfunded liability of
this program, and the City and employees agreed to make additional contributions to
begin funding that liability. We have made progress, but as health care costs have
increased, PEA and PMA grew concerned about the adequacy of the $400 per month
cap on the benefit as well as ongoing contributions to the City's liability for the program.
The new program is a defined contribution program, through which each employee will
have an account to be used for his or her medical needs during retirement.
Contributions to the account will be made by both the employees and the City, and
invested as determined by each employee. Employees who are closer to retirement
would not be able to accumulate a sufficient amount in their accounts, so the program
also provides for some employees to remain on the existing plan and the MOUs include
conversion thresholds.
7. Tuition Reimbursement:
Similar to flex leave, there have been two levels of tuition reimbursement for PEA
employees, depending on date of hire. The proposed MOUs eliminate this difference,
and provide the same benefit for sworn employees in both PEA and PMA ($1,000 per
year). Non -sworn employees will continue to be eligible for a higher amount ($1,400
per year) because they do not receive scholastic achievement pay.
8. Retirement Benefit:
Sworn employees in both associations received an enhancement in their retirement
benefit (3 % @50) in December 2002, when they also agreed to a lower salary increase
than non -sworn employees received. The non -sworn employees are now interested in
the enhanced retirement programs that are available from PERS for non - safety
( "miscellaneous ") employees. The PEA MOU provides that the parties may reopen
negotiations to discuss retirement after the City receives its annual actuarial valuation
and rate information. Any change must be cost neutral to the City.
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MOUs with Police Employees and Management Associations
September 13, 2005
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Funding Availability:
Staff estimates the cost of implementing these MOUs to be approximately $500,000 for
the first six months, funds for which were available in the 2004 -05 budget. For fiscal
year 2005 -06, the cost is estimated to be $1,273,000. Funds for these salary and
benefit increases are included in the 2005 -06 budget.
Submitted by:
Sharon Wood
Assistant City Manager
Attachments: 1. Memorandum of Understanding between the City of Newport Beach and the
Newport Beach Police Employees Association
2. Memorandum of Understanding between the City of Newport Beach and the
Newport Beach Police Management Association
H
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
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I . 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
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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.
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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;
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.
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.
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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.
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I. Savinqs
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 Adjustments
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
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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
alternative /semi- flexible schedule.
D. Overtime Compensation - Court
1. Compensation - Employees shall receive either compensatory time or
paid time at their discretion.
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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
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 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
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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.
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4. Must receive and maintain at least a competent rating on their most
recent performance evaluation.
Compensation:
15% of the member's 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 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/BS MAIMS /JD
2 1%
1%
1%
1%
1%
3 1%
2%
3%
5.5%
5.5%
4 111%
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.
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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
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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.
Helicopter Pav
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
M.
N.
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 return to work.
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.
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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 $750 per year
for sworn officers; $118.56 per year for non -sworn 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
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2. NBPEA and the City acknowledge that employees assigned the
9181 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
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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.
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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 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 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
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c'� 'J
2
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.
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 Treatmentfor 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.
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a
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 CalPERS participating
employer's contribution towards medical insurance. Employees
shall have the option of allocating Cafeteria Plan contributions
towards the City's existing medical, dental and vision
insurance /programs. 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 CalPERS 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.
C,,;
3.
Ell
5.
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.
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.
B. Additional Insurance /Programs
1
E
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.
Disability Insurance
The City shall provide
disability insurance to
following provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Short-term (STD) and Long -term (LTD)
all regular full time employees with the
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66.67% gross weekly wages
$10,000 1month
M
1
r. J
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 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 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
C ity.
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c H
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 sworn 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 (112 City and 114 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
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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.
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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 15' based
on status as of December 3151 of the prior year).
iii. Part .0 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
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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 "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
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,
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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 CalPERS
participating employer's contribution towards medical
insurance after retirement. The parties also agree that, for
retirees selecting a CalPERS medical plan, or any other plan
with a similar employer contribution requirement, the required
City contribution will be withdrawn from the retiree's MERP
account.
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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
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'. 7
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.
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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 /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.
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.
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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
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or her last known address. Any employee shall have the right to refuse to
be placed on the reemployment 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.
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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
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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.
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i
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
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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- Hearinq-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
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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 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 day of , 2005:
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION
M
Steve Martinez
0
Vlad Anderson
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CITY OF NEWPORT BEACH
By:
John Heffernan
Mayor
ATTEST:
By:
LaVonne Harkless
City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
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q�
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is
entered into with reference to the following:
PREAMBLE
1. The Newport Beach Police Management Association ( "NBPMA "), 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. NBPMA 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 agreement has
been embodied in this MOU.
3. This MOU, upon approval by NBPMA 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 /Employee Relations Resolution No. 2001 -50,
the City acknowledges that NBPMA 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 the
classifications listed 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 NBPMA.
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L )J
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 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.
C. Release Time
1. NBPMA members shall be allowed to participate in the following
activities during .scheduled working hours without loss of 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 NBPMA during the meet and confer
process.
C. To travel to and attend scheduled grievance and disciplinary
hearings.
d. To meet, for up to one hour, with their representative prior to
a hearing described in (d) above.
2. City grants NBPMA 100 hours of Release Time per calendar year
to engage in the activities described in subsection 1(a). NBPMA
may accumulate up to 300 hours of City — provided Release Time.
3. City grants NBPMA members the right to engage in the activities
described in subsections 1(b), (c), and (d) at any time without
reduction to the Release Time granted in subsection 2.
4. NBPMA 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 4 (a). Requests for
release time shall be granted by the supervisor unless there are
Li i
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 NBPMA negotiating team member may request and
shall (subject to the approval process above) be granted flex
work hours on any scheduled workday 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.
D. Scope
1. 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.
2. 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.
3. 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. 2661 -56. 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;
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1
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
Departments 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.
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 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.
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
NBPMA 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
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the basis of race, gender, ethnicity, religion or other statutorily or
constitutionally impermissible basis, as well as 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 16 of Resolution
No. 2001 -50 or a successor resolution.
SECTION 2. — COMPENSATION
A. Salary
Salaries shall be subject to the following adjustments:
1. Effective the pay period beginning December 25, 2004, the City
shall increase base salary for the NBPMA employees by three (3 %)
percent,
2. Effective the pay period beginning December 24, 2005, the City
shall increase base salary for all NBPMA employees by three (3 %)
percent.
3. Effective the pay period beginning December24, 2005 (concurrent
with the implementation of the revised retirement program as set
forth in Section 4F) base salaries shall be increased by 1 %.
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B. Code Seven /Duty Incentive Time
The City and NBPMA have agreed to entitlement to compensation for duty
incentive time and Code Seven time based upon implementation of the
9/80 work schedule (since modified to 3 -12, with concurrence of NBPMA)
and a settlement agreement between the City and NBPMA. NBPMA 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 NBPMA 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. 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 91 hours. All overtime worked for employees
at the CTO maximum shall be paid. The parties agree that the
current practice of accruing and utilizing CTO is reasonable and
shall continue for the term of this agreement.
3. NBPMA members occupying the position of Captain shall not be
entitled to compensatory time off for overtime. City and NBPMA
agree that the position of Captain is properly considered exempt
from the overtime requirements of FLSA. However, NBPMA
members occupying the position of Captain shall be eligible for up
to 80 hours of administrative leave per calendar year. The precise
amount of administrative leave granted each Captain shall be
based upon the recommendation of the Police Chief and approved
by the City Manager. Administrative leave may not be carried
forward from one calendar year to the next.
4. With the approval of the Division Commander, NBPMA members
assigned to non -shift assignments may work certain holidays if they
occur on regularly scheduled work days.
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D. Uniform Allowance
The City will report to PERS a uniform allowance amount of $1,000 per
year.
E. Scholastic Achievement PaV
Sworn NBPMA members are entitled to additional compensation
contingent upon scholastic achievement ( "Scholastic Achievement Pay ").
Sworn NBPMA 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 NBPMA 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.
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:
60 Units:
90 Units:
BA/BS
MA/MS /JD:
2
1%
1%
1%
1%
3
2%
3%
5.5%
6.5%
4
2%
3%
5.5%
6.5%
Educational incentive payments shall be made only for units /degrees
above the minimum qualifications called out in the job descriptions.
Individuals receiving pay in this category (minimum units /degrees) as of
January 1999 shall retain the compensation, however.
F. Holiday Time
NBPMA 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.
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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 NBPMA membership or 60 days from the
execution of this MOU, NBPMA 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.
G. Leave Pay -Off
For the term of the agreement, NBPMA members shall receive payment
for any accrued leave upon termination at the rate of 109% of their base
hourly rate.
H. July 4th
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 members 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.
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.
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Additional languages may be certified for compensation pursuant to this
Section by the Chief of Police.
Section 3. — LEAVES
A. Flex Leave
1. Effective the first pay period in January 2005, NBPMA 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. NBPMA members shall accrue Flex leave at the following
rates:
Years of Adjusted Accrual Longevity Pay
Continuous Service Per Pay Period Increase
112 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
5.23077
5.84616
6.46152
7.07696
7.07696 .77%
7.07696 1.54%
7.07696 2.3%
2. NBPMA and the City acknowledge that employees assigned the
9181 work schedule accrue one (1) additional hour per pay period in
addition to the accrual levels set forth in subsections 1(a) and 1(b)
above.
3. The Flex leave program shall be administered as follows:
a. NBPMA 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.
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b. NBPMA 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. NBPMA members shall be entitled to accrue flex leave up to
seventy -eight (78) times the members bi- weekly flex leave
accrual rate (Flex Leave Accrual Threshold). NBPMA
members first hired by the City prior to July 1, 1996, 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. NBPMA 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.
NBPMA members first hired, or rehired by the City
subsequent to July 1, 1996, shall not be eligible for Flex
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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.
B. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty
by an employee having regular or probationary appointment because of
the death or terminal illness in his /her immediate family. NBPMA
members shall be entitled to 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, and
grandparent. Parents and siblings of spouses shall be considered part of
the immediate family for the purposes of this section.
C. Workers Compensation Leave
In accordance with Section 4850 of the Labor Code, unit employees shall
be entitled to leave of absence while disabled without loss of salary for the
period of the disability, not to exceed one year.
D. Scheduling of Medical Treatment for Industrial Iniuries
1. 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
2. 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.
3. When an employee has been released to either full or limited duty
and has returned to the workplace, time spent receiving ongoing
�J
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, the 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. Health Insurance
1. Benefits 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.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan.
Effective the first pay period beginning December 25, 2004, the City
contribution toward the Cafeteria Plan shall be $674. In addition,
the City shall contribute the minimum CalPERS participating
employer's contribution towards medical insurance. Employees
shall have the option of allocating Cafeteria Plan contributions
towards the City's existing medical, dental and vision
insurance /programs. The City and the Newport Beach Police
Management 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
coverage in accordance with plan rules and during regular open
enrollment periods.
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Effective the pay period beginning December 24, 2005, the City's
contribution towards the Cafeteria Plan will increase to $724, (plus
the minimum CalPERS participating employer's contribution).
NBPMA 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.
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 by City payment of allowable expenses
such as childcare 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
NBPMA 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.
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iJ
C
2. Disability Insurance
The City shall provide
disability insurance to
following provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
Short-term (STD) and Long -term (LTD)
all regular full time employees with the
66.67% gross weekly wages
$10,000 /month
$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, 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.
Employee Assistance Program
City shall provide an Employee Assistance Program through a properly
licensed provider. NBPMA members and their family members may
access the Employee Assistance Program at no cost subject to provider
guidelines.
Retirement Benefits
1. The City shall pay each member's required PERS retirement
contribution (9% of salary for 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 monthly as special compensation for retirement
purposes.
z. The City has amended its contract with the Public Employees'
Retirement System to implement the 3% at 50 Retirement Program.
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The ongoing cost of this retirement change shall be borne by the
City.
3. The City has implemented the Level 4 1959 survivor's benefits for
NBPMA members.
4. Effective July 2005, the City has amended its PERS contract to
provide the Pre - Retirement Option 2 Death Benefit (Section
21548).
E. Retiree Medical Benefit
1. Prior to December24, 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 Management Association. The City
and active employees shall be responsible for 314ths (112 City and
114 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 NBPMA unit
employees, 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 NBPMA 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 NBPMA 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
NBPMA 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
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years), or until such time as the City and NBPMA mutually agree to
end the funding on behalf of NBPMA 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, NBPMA members will receive an accounting
on any remaining funds and the City will immediately meet and
confer with NBPMA on the distribution of said funds back to active
(not retired /full -time) City employees in the NBPMA unit.
The City will provide NBPMA with an annual report certified by the
City Finance Director describing the balance, interest earnings, and
any expenditures of the trust account described herein.
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 new 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.
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J�
i. Part A contributions (mandatory employee): 1 % of
Salary.
ii. Part 8 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 15t based on status as of
December 31St of the prior year).
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 each Association must participate at
the same level. 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 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.
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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 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 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, andmiscellaneous
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
C.
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 CalPERS
participating employer's contribution towards medical insurance
after retirement. The parties also agree that, for retirees
selecting a CalPERS medical plan, or any other plan with a
similar employer contribution requirement, the required City
contribution will be withdrawn from the retiree's MERP account.
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
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.
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.
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iv. Current Employees Remaininq 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 $4,800.00 per year, accruing at the current rate of
$400.00 per month. City share of each retiree's cost 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 $4,800.00 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.
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e. Administration
A vendor will be selected by the City to administer the entire
Retiree Medical 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 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 will have the
authority to determine investment options that will be available
through the plan.
f. Value of Benefit
For all purposes, the Retiree Medical Plan shall be valued at
1% salary on which PERS retirement is based (Part A); plus
.25% of other compensation (Part B).
F. Tuition Reimbursement
NBPMA 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 $600.00 per fiscal year.
Effective the first full pay period in July 2005, the maximum tuition
reimbursement shall be $1,000 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 Human
Resources Director.
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
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J
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.
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. JJ
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,
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`.i
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 lay-
off, receive one -week severance pay for each year of continuous
service with the City of Newport Beach.
B. Schedule
1. Employees currently work a variety of alternative work schedules
(some trial) as approved by the Chief of Police. They include 3112
and 4110. The basic work schedule shall be considered the 9181 for
the term of this MOU. Subject to the right to re -open as specified in
this subparagraph, 9181 shall be the standard work schedule for the
term of this MOU. The 9181 schedule will be structured to allow for
130 days off during the calendar year. NBPMA 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 NBPMA members shall
receive ten days off. The Chief of Police shall also have the right to
alter the work schedule of any NBPMA member assigned to any
multi- agency or regional task force.
Upon notice, the parties shall meet and confer, in good faith,
regarding the appropriate work schedule(s) for NBPMA members.
2. 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 2C.
3. The parties agree that the following procedures are consistent with
good police practices, provide each NBPMA member with ample
time to perform all required duties, and comply with the Fair Labor
Standards Act:
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a. All Patrol Supervisors are required to report to work 15
minutes early;
b. All Patrol Supervisors acknowledge and agree that normally,
they are to leave at the end of their shift, that they shall not
routinely perform duties beyond the end of their shift, that the
15 minutes allotted for briefing preparation is adequate, and
they will comply with an order issued by the Chief of Police
consistent with this MOU;
C. The 15 minutes per shift shall be converted to compensatory
time on a straight time basis and placed in a compensatory
time off bank, which the member may use as flex leave,
vacation leave or sick leave, but for which the member would
not be paid at any time.
C. Grievance Procedure
1. Definition.
The term "grievance" means a dispute between NBPMA 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 NBPMA 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. A member may be self - represented or represented by one
other person.
C. A member 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.
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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
a. Steps
NBPMA members occupying the position of Sergeant or
Lieutenant shall present any grievance to the supervising
Captain, and may appeal the decision of the supervising
Captain to the Chief of Police and City Manager by
complying with the procedures in this subsection. Any
member occupying the position of Captain shall present any
grievance to the Chief of Police, and may appeal the
decision to the City Manager by following the procedures
outlined in this subsection. The decision of the City Manager
shall be final.
b. Written Notice
All grievances shall be submitted in writing. The grievance
shall be submitted within ten (10) working days after the
member knew, or in the exercise of reasonable diligence
should have known, of the act or events upon which the
grievance is based. 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 the
member. All appeals shall be in writing and, in addition to
the matters which must be stated in any grievance, shall
specify the decision or decisions which form the basis of the
appeal. Grievances and appeals shall be deemed submitted
when personally delivered to the appropriate supervisor or
the Chief of Police.
C. Hearings /Meetings
The appropriate supervisor, Chief of Police or City Manager
shall meet with the member and any representative in an
effort to resolve the grievance. The meeting shall be
conducted within ten (10) working days after the appeal or
grievance is served. The meeting shall be informal and the
- 26 -
discussion should focus on the issues raised by the
grievance. Written decisions on the grievance or appeal
shall be served on the employee within ten (10) working
days after the meeting.
4. General Grievance
A general grievance affecting more than one NBPMA member may
be filed by NBPMA 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 NBPMA. The Chief of Police
shall meet with NBPMA 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 NBPMA 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 NBPMA 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. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
E. Contract Negotiations
The parties
agree
that, if NBPMA 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
day of
2005:
NEWPORT BEACH POLICE MANAGEMENT
ASSOCIATION
0
John Desmond
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(/n q
ATTEST:
m
CITY OF NEWPORT BEACH
By:
John Heffernan, Mayor
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney