HomeMy WebLinkAbout12 - MOU with Police Employee AssocCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
January 23, 2007
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 Association
and Police Management Association
RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to execute Memoranda of
Understanding (MOUs) with the Police Employees Association (PEA) and Police
Management Association (PMA) for the period of January 1, 2007 through December
31, 2009.
DISCUSSION:
The MOUs with these two associations expired on December 31, 2006, and the City's
negotiating team has been meeting with the associations since August 2006 to
negotiate a new agreement.
Consistent with direction given by the City Council in closed sessions, we have reached
tentative agreement with the associations, and both associations have ratified the
agreements. The principal provisions of the MOUs are as follows.
Term
Salary Increases
MORP
PEA PMA
3 years 3 years
3.0%
3.0%
4.0%
3.25%
4.0%
4%
Add level IV, 5% N/A
with ed. requirements
MOUs with PEA and PMA
January 23, 2007
Page 2
The provisions in these MOUs City's will make Newport Beach the number one agency
in Orange County for compensation, allowing the City to retain a strong competitive
position in the market. The PEA agreement also includes a new program to attract and
retain well educated non -sworn employees. The Education and Retention Incentive
Program complements the Master Officer Program (MORP) that has been in effect
since 1987. Under the new program, non -sworn employees with at least eight years of
service would be eligible for additional compensation, if they have at least 30 units of
education beyond their minimum job requirement. The program includes a sliding
scale, in which the amount of education required decreases as years of service
increase. Because of this program, we were able to reach agreement without an
enhanced retirement program for non -sworn employees of jailers, although there is a
PEA
PMA
Health Insurance
+$ 50
+$ 50
+$100
+$100
+$100
+$100
Retiree Medical Contribution
$2.50 /mo 1/08
$2.50 /mo 1/08
Non -Sworn Retirement
Current practice
N/A
(Reopener)
Jailers Retirement
Current practice
N/A
(Reopener)
Bilingual Pay
$200 /mo 1/08
$200 /mo 1/08
Helicopter Pay
$475/mo 1/07
N/A
$525/mo 1/08
$575/mo 1/09
Tuition Reimbursement
$1,200/yr 7/07
$1,200 /yr 7/07
Non -Sworn Ed /Ret Incentive
5% sliding scale
N/A
Scholastic Achievement Pay
No change
+1.5% BA/BS
+2% MA/MS /JD
Longevity
N/A
+.7% 12 yrs +
Special Leadership Compensation
N/A
1%
The provisions in these MOUs City's will make Newport Beach the number one agency
in Orange County for compensation, allowing the City to retain a strong competitive
position in the market. The PEA agreement also includes a new program to attract and
retain well educated non -sworn employees. The Education and Retention Incentive
Program complements the Master Officer Program (MORP) that has been in effect
since 1987. Under the new program, non -sworn employees with at least eight years of
service would be eligible for additional compensation, if they have at least 30 units of
education beyond their minimum job requirement. The program includes a sliding
scale, in which the amount of education required decreases as years of service
increase. Because of this program, we were able to reach agreement without an
enhanced retirement program for non -sworn employees of jailers, although there is a
MOUs with PEA and PMA
January 23, 2007
Page 3
provision to reopen negotiations for this purpose, with any change being cost neutral to
the City.
The MOU with PMA provides compensation and benefit changes of equivalent
economic value to PEA's, but some specific provisions are different. PMA does not
include any non -sworn members and its members are not eligible for the Master Officer
program. Therefore, the MOU for PMA has three items not included in the one for PEA.
These are increases in scholastic achievement pay and longevity (which PEA members
do not receive) and a new program to compensate employees who have completed the
California POST Supervisory Leadership Institute, POST Command College or the FBI
National Academy.
Funding Availability:
The estimated cost of the PEA MOU is approximately $1.1 million in the first year and
$960,000 in the second and third years. The PMA cost is approximately $270,000 in
the first year and $243,000 in the second and third years. For the remainder of this
fiscal year, the total cost is $685,000. Sufficient funds are available in the budget,
because new MOUs with these employee associations were anticipated during budget
preparation.
Submitted by:
5fiaron Wood,
Assistant City Manager
Attachments: 1. MOU between City and Police Employees Association
2. MOU between City and Police Management Association
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is
entered into with reference to the following:
PREAMBLE
1. The Newport Beach Police Employees Association ( "NBPEA "), a recognized
employee organization, and the City of Newport Beach ( "City "), a municipal
corporation and charter city, have been meeting and conferring, in good faith,
with respect to wages, hours, fringe benefits and other terms and conditions of
employment.
2. NBPEA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of employment for
the period from January 1, 2007 to December 31, 2009 and this tentative
agreement has been embodied in this MOU, which has been executed
concurrently.
3. This MOU, upon approval by NBPEA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters set forth herein.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport
Beach, the Meyers - Milias -Brown Act of the State of California and the
provisions of the Employer's /Employee Labor Relations Resolution No.
7173, the City acknowledges that NBPEA is the majority representative for
the purpose of meeting and conferring regarding wages, hours and other
terms and conditions of employment for all employees in those
classifications specified in Exhibit "A" or as appropriately modified in
accordance with the Employer /Employee Resolution. All other
classifications and positions not specifically included within Exhibit "A" are
excluded from representation by NBPEA.
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B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution
or action of the City Council necessary to implement this MOU shall
be considered effective as of January 1, 2007. This MOU shall
remain in full force and effect until December 31, 2009, and the
provisions of this MOU shall continue after the date of expiration of
this MOU in the event the parties are meeting and conferring on a
successor MOU.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal
and state statutes, rules and regulations which either specifically
provide that agreements such as this prevail, confer rights which
may be waived by any collective bargaining agreement, or are,
pursuant to decisional or statutory law, superseded by the
provisions of an agreement similar to this MOU.
C. Release Time
1. NBPEA members shall be allowed to participate in the following
activities during scheduled working hours without loss of pay
('Release Time "):
a. attendance at off -site meetings, conferences, seminars or
workshops related to matters within the scope of
representation;
b. to prepare for scheduled meetings between the City and
NBPEA during the meet and confer process.
C. i. to travel to, and attend scheduled meetings between
the City and NBPEA during the meet and confer
process.
ii. to travel to and attend scheduled grievance and
disciplinary hearings.
iii. to meet, for up to one hour, with their representative
prior to a hearing described in subsection C.c.ii
above.
2. NBPEA shall designate certain members as those members
entitled to release time. In no event shall any one designate be
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entitled to use more than 100 hours of Release Time (exclusive of
actual time spent meeting with City representatives on matters
relating to the scope of representation), within any calendar year.
Designates must give reasonable advance notice to, and obtain
permission from, their supervisor prior to use of release time, or,
prior to adjusting work hours per subsection C.2.a. Requests for
release time shall be granted by the supervisor unless there are
specific circumstances that require the designate to remain on duty.
Designates shall, to the maximum extent feasible, receive shift
assignments compatible with participation in the meet and confer
process.
a. Any NBPEA negotiating team member may request and
shall (subject to the approval process above) be granted
flex work hours on any scheduled work day during which the
negotiating team member is to attend a meet and confer
session. Employees may flex start/finish time up to two (2)
hours.
3. City grants NBPEA members the right to engage in the activities
described in subsection 1(c) at any time without any reduction to
City — provided Release Time or to any Release Time bank created
pursuant to subsection C. 5.
4. City Grants NBPEA 500 hours of Release Time per calendar year
to engage in the activities described in subsection C.1.a and 1.b.
(City — provided Release Time.) NBPEA may accumulate up to 300
hours of City— provided Release Time.
5. In addition to City— provided Release Time and Release Time
provided pursuant to subsection C.3, NBPEA members may
contribute up to two hours of earned compensatory time off ( "CTO ")
to an NBPEA Release Time Bank. Members may contribute
earned CTO only during the period from July 1 through August 15
during any calendar year. However, members shall not have the
right to contribute CTO to the NBPEA Release Time bank if NBPEA
has accumulated more than 600 hours of total Release Time. Any
NBPEA member who contributes CTO to the Release Time Bank
gives up any right to usage of, or payment for, the contributed CTO.
Contributions may be made only in hourly increments.
Contributions shall be on forms prepared by the City which shall
then be submitted to the appropriate department employee. City
shall advise NBPEA as to the balance of hours in the Release Time
Bank upon request. For purposes of this subparagraph only, the
term 'compensatory time off or CTO" includes accrued flex leave,
accrued vacation leave, and accrued holiday time.
K'.
6. There is no entitlement to release time for any matter not set forth
above.
D. Scope
1. All present written rules and current established practices and
employees' rights, privileges and benefits that are within the scope
of representation shall remain in full force and effect during the term
of this MOU unless specifically amended by the provisions of this
MOU.
2. Pursuant to this MOU, the City reserves and retains all of its
inherent exclusive and non — exclusive managerial rights, powers,
functions and authorities ( "Management Rights ") as set forth in
Resolution No. 7173. Management Rights include, but are not
limited to, the following.
a. the determination of the purposes and functions of the Police
Department;
b. the establishment of standards of service;
C. to assign work to employees as deemed appropriate;
d. the direction and supervision of its employees;
e. the discipline of employees;
f. the power to relieve employees from duty for lack of work or
other legitimate reasons;
g. to maintain the efficiency of operations;
h. to determine the methods, means and personnel by which
Police Department operations are to be conducted;
the right to take all necessary actions to fulfill the
Department's responsibilities in the event of an emergency;
the exercise of complete control and discretion over the
manner of organization, and the appropriate technology,
best suited to the performance of departmental functions.
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The practical consequences of a Management Rights decision on
wages, hours, and other terms and conditions of employment shall
be subject to the grievance procedures.
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions
agreed upon by the parties. Therefore, for the life of this MOU, neither
party shall be compelled, and each party expressly waives its rights to
request the other to meet and confer concerning any issue relating
primarily to matters within the scope of representation except as expressly
provided herein or by mutual agreement of the parties. No representative
of either party has the authority to make, and none of the parties shall be
bound by, any statement, representation or agreement which is not
embodied in this MOU.
Subject to the paragraph above, this section shall not be construed to
prevent the Newport Beach Police Department from giving notice to the
Association and affording the Association the opportunity to meet and
confer on the impact of policy changes or the exercise of management
rights. However, the terms of this MOU may not be modified through the
impact negotiations process; except by mutual agreement.
F. Modifications
Any agreement, alteration, understanding, variation, or waiver or
modification of any of the terms or provisions of this MOU shall not be
binding upon the parties unless contained in a written document executed
by authorized representatives of the parties.
G. Bulletin Boards
Space shall be provided on bulletin boards within the Police Department at
their present location for the posting of notices and bulletins relating to
NBPEA business, meetings, or events. All materials posted on bulletins
boards shall indicate the name of the organization responsible. Material
posted shall not contain personal attacks on any City official or employee,
any material which constitutes harassment, discrimination or retaliation on
the basis of race, gender, ethnicity, religion or other statutorily or
constitutionally impermissible basis, or any pornographic or obscene
material.
H. No Strike
The parties recognize their mutual responsibility to provide the citizens of
Newport Beach with uninterrupted municipal services and, therefore, for
E
the term of this MOU, the parties agree not to conduct concerted strike,
work slowdown, sick out, withholding of services, or lockout activities.
I. Savings
If any provision of this MOU shall be held invalid by any court of
competent jurisdiction, or if compliance with or enforcement of any
provision shall be restrained by court action, or other established
governmental administrative tribunal, the remainder of this MOU shall not
be affected, and the parties shall replace such invalidated provision with
another of similar or equal value through the negotiations process.
J. Impasse
In the event of an impasse (the failure to agree on a new MOU after the
express term of the existing MOU has expired), the parties may agree on
mediation pursuant to the procedure outlined in Section 10 of Resolution
No. 7173 or a successor resolution.
SECTION 2. —Compensation
A. Salary
Salaries shall be subject to the following adjustments:
1. Effective the pay period beginning January 20, 2007, the
City shall increase base salary for NBPEA employees by
3 %.
2. Effective the pay period beginning December 22, 2007, the
City shall increase base salary for the NBPEA employees by
4 %.
3. Effective the pay period beginning December 20, 2008, the
City shall increase base salary for NBPEA employees by
4 %.
B. Code Seven /Duty Incentive Time
The City and NBPEA have agreed to eliminate entitlement to
compensation for duty incentive time and Code Seven time based upon
implementation of the 9/80 work schedule and a Settlement Agreement
between the City and NBPEA. NBPEA and its members agree that the
provisions and rules relative to entitlement to compensation for duty
incentive time or Code Seven time survive the termination of this MOU,
that the provisions of the settlement agreement are in full force and effect
0
and that no request for compensation for duty incentive time or Code
Seven time at variance with the provisions of existing rules or the
settlement agreement shall be made at any time in the future by NBPEA
or any of its members.
C. Overtime
1. Employees shall be entitled to overtime compensation at the rate of
time and one half for hours worked in excess of their regularly
scheduled shift. Paid time off shall be considered time worked for
overtime calculation purposes.
2. Employees shall also be entitled to overtime compensation for
hours worked in excess of 2,080 hours in the 12 month period
commencing January 1st of each year. These overtime payments
shall be offset by Section 1 above.
3. Overtime compensation shall be in the form of compensatory time
off or pay at the election the employee. Maximum compensatory
time accrual shall be 120 hours. All overtime worked for employees
at the CTO maximum shall be paid.
4. The current practice for scheduling and approving CTO shall
continue for the term of this agreement. CTO is approved on a
"first come, first served" basis. Department policy is to approve
CTO unless the use of CTO would result in staffing below minimum
levels established by the Department, or the Department has a
special circumstance or an operational need that requires staff
resources above its established minimum levels. The Association
may reopen negotiations concerning the protocol of approving CTO
requests if the Department's staffing level drops such that it
routinely runs at or below minimum staffing levels.
5. The Police Department has the discretion to schedule any of its
employees to work a regular work day on July 4th, regardless of the
day of the week or job assignment. This may include modifying
work schedules and /or days off according to deployment needs.
Unit employees who actually work July 4th will be compensated at
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.
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6. The City and NBPEA jointly petitioned the NLRB and were granted a
7(b) exemption of the Fair Labor Standards Act to allow for use of
the overtime standards as set forth in this section. The exemption
allows continued use of the Department's alternative /semi - flexible
schedule.
D. Overtime Compensation - Court
1. Compensation - Employees shall receive either compensatory time or
paid time at their discretion.
2. On -Call - Off -duty employees on call for court who have not been
canceled prior to the scheduled standby time shall, whether extended
or not, be compensated at a rate equal to the actual standby time, with
a minimum of one (1) hour paid at time and one -half the employee's
regular rate of pay.
3. Appearance - Off -duty employees who are required to appear in court
shall be compensated for the actual time involved with a minimum of
two (2) hours paid at time and one -half the employee's regular rate of
pay. Employees appearing in court after being on call the same day
shall be compensated from the time listed on the subpoena until
released by the court.
E. Master Police Officer Recognition Program
The City and NBPEA agreed to institute a Master Officer Recognition
Program ( "MORP ") on July 4, 1987. The intent of the MORP is to attract
highly qualified and experienced lateral officers and encourage NBPEA
members to remain with the. Newport Beach Police Department by
compensating employees who have acquired special skills, training and
ability through years of service. The MORP is comprised of four levels
with progressively higher compensation paid as years of service and
experience increase.
Effective the pay period beginning June 23, 2007, the Master Police
Officer Recognition Program shall be modified as indicated in bold
throughout this Section E. For purposes of implementation of these
changes, 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 10 years of total
service and three years of service at NBPD shall be entitled to
compensation at the MORP III level.
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For MORP purposes, years of sworn service and time in a specialty
assignment shall be counted as follows:
1. Two years in a regular patrol assignment at NBPD shall be
equivalent to one year in any specialty assignment.
2. Two thousand eighty (2,080) hours of service as an FTO shall be
equivalent to one year in a specialty assignment.
3. Effective June 23, 2007 years of sworn service includes actual
time employed as a police recruit or similar classification in a police
training academy, not to exceed six months.
MORP shall commence beginning the first full pay period after the
employee qualifies for each Master Officer step. It is the responsibility of
the employee to apply for MORP pay or any increase in MORP
compensation level. The City reserves the right to administratively modify
the MORP program so as to structure it as a Special Pay rather than an
element within the base rate, as long as the overall compensation of the
employees is not reduced. The Association will be given advance notice if
such a change is to be implemented.
The requirements and compensation of the four levels of MORP are
summarized as follows:
MASTER OFFICER I
Requirements:
1. Minimum service of five (5) years as a sworn Police Officer.
2. Must have obtained an intermediate POST Certificate, or the
educational equivalent.
3. Must have successfully completed one year in a specialty
assignment in the Newport Beach Police Department (NBPD) or
two years in a regular patrol assignment at NBPD. (Delete June
23, 2007)
4. Must maintain at least an overall meets standard or equivalent
rating on their most recent performance evaluation.
Compensation:
Five percent (5 %) base salary step increase.
9
MASTER OFFICER II
Requirements:
1. Minimum service of eight (8) years as a sworn Police Officer.
2. One full year at the Master I level.
3. Must have obtained an advanced POST Certificate, or the
educational equivalent.
4. Must have successfully completed a full year in a second
(separate) specialty assignment in the NBPD, or have any
combination of specialty and equivalent time in regular patrol
assignments, or a minimum of five years total service at NBPD.
(Delete June 23, 2007)
Effective June 23, 2007, must have successfully completed
one year in a specialty assignment in the Newport Beach
Police Department (NBPD) or two years in a regular patrol
assignment at NBPD.
5. Must maintain at least an overall meets standard rating on their
most recent NBPD performance evaluation.
Compensation:
Five percent (5 %) base salary step increase above Master Officer I.
MASTER OFFICER III
Requirements:
1. Minimum service of ten (10) years as a sworn Police Officer.
2. One full year at the Master II level.
3. Must successfully complete a full year in a third (separate) specialty
assignment in the NBPD or have a combination of specialty and
equivalent time in a regular patrol assignment, or a minimum of
seven years service at NBPD. (Delete June 23, 2007)
Effective June 23, 2007, must have successfully completed a
second full year in any specialty assignment in the NBPD, or
have any combination of specialty and equivalent time in
10
regular patrol assignments; or a minimum of three years total
service at NBPD.
4. Must maintain at least an overall meets standard rating on their
most recent NBPD performance evaluation.
Compensation:
Five percent (5 %) base salary step increase above Master Officer II.
MASTER OFFICER IV (Effective June 23, 2007)
Requirements:
1. Minimum service as a sworn Police Officer:
a. Fifteen (15) years plus a Bachelors degree or a
minimum of 120 semester units
b. Twenty (20) years plus a minimum of 90 semester
units
C. Twenty -five (25) years plus a minimum of 60
semester units
2. One full year at the Master III level.
3. At least one year assigned as an .FTO in the Patrol Division,
regardless of the number of hours actually training, or have
attended the POST FTO school.
5. Must have successfully completed at least three years in at least
two specialty assignments in the NBPD, or have any combination of
specialty and equivalent time in regular patrol assignments, and a
minimum of five years total service at NBPD.
6. Must receive and maintain at least an overall meets standards
rating on their most recent NBPD performance evaluation.
Compensation:
Five percent (5 %) base salary step increase above Master Officer III.
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F. Education Retention Incentive Program
Effective the pay period beginning June 23, 2007, the City shall institute
the Education Retention Incentive Program to retain experienced, well -
educated non -sworn employees. Employees shall be eligible for payment
for education beyond minimum qualifications and years of service as
follows. Incentive pay shall commence beginning the first full pay period
after the employee qualifies. It is the responsibility of the employee to
apply for incentive pay or any increase in compensation level.
Education Years of City Service
30 units 15
AA or 60 units 12
MA/BA or 120 units 8
A graduate degree is the only eligible increment of education for positions
requiring BA.
Compensation:
Five percent (5 %) of member's base monthly salary.
G. Scholastic Achievement Pav
Sworn NBPEA members are entitled to additional compensation
contingent upon scholastic achievement ( "Scholastic Achievement Pay ").
Sworn NBPEA members may apply for increases pursuant to this Section
when eligible and scholastic achievement pay shall be included in the
member's paycheck for the pay period immediately after approval by the
Chief of Police. It is the responsibility of the NBPEA member to apply for
Scholastic Achievement Pay, Approval of the member's application shall
not be unreasonably withheld or delayed, and the member shall not be
entitled to receive scholastic achievement pay prior to the date the
application is approved even though the member may have been eligible
prior to approval. Scholastic achievement pay is contingent upon years of
service and the number of units and /or degrees received by the employee.
Effective the pay period beginning January 20, 2007 (prospectively), years
of service shall include time employed as a police recruit or similar
classification in a police training academy, not to exceed six months.
The Plan consists of five levels which reflect multipliers of the base
monthly salary. Qualifying units and /or degrees must be awarded by
accredited community colleges, state colleges or universities. The
following is a schedule of monthly payments pursuant to the Scholastic
Achievement Program:
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Years of
Service:
30 Units
60 Units
90 Units
BA/BS
MA/MS /JD
2
1%
1%
1%
1%
1%
3
1%
2%
3%
5.5%
5.5%
4
1%
2%
3%
5.5%
6.5%
H. Non -sworn Personnel Shift Differential
The night shift differential pay for non -sworn personnel shall be $1.50 per
hour between the hours of 6 p.m. and 6 a.m.
Training Pay
Police Officers assigned to Field Training Officer duties for either Regular
or Reserve officers and Civilian Employees assigned to training duties for
new employees are entitled to receive compensation for these extra
duties. To be eligible for compensation, the employee shall have
completed a 40 -hour FTO course and shall be required to complete a
Daily Evaluation Report for each shift worked with a trainee. Employees
assigned full training responsibilities who have not completed the FTO
course shall be eligible for compensation pending course completion.
Employees will be compensated for each shift worked as an FTO with a
trainee at the rate of 1.5 straight time hours per shift:
The following classifications are not eligible for training pay consistent with
existing department/division practice.
Sr. Community Service Officer
Sr. Custody Officer
Sr. Animal Control Officer
Sr. Police Dispatcher
Sr. Crime Scene Investigator
J. Motor Officer Pav
Assigned Motor Officers are responsible for keeping the motorcycle
assigned to him /her cleaned and polished at all times. This work shall be
performed outside of regularly scheduled work hours; and compensated at
the rate of six (6) additional hours overtime per month (six (6) hours at
time and one half equals nine (9) hours compensation).
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K.
L.
M.
N
Canine Officer
Employees assigned to work as Canine Officers, (in accordance with
individual signed contracts between the employees and department) shall
receive additional compensation at the rate of six (6) additional hours of
overtime pay per month (six hours of time and a half equals nine (9) hours
of compensation). This pay is recognition of the additional hours required
of employees assigned to care for a City dog. City and Association
mutually agree that the additional six (6) hours pay does represent
reasonable compensation for the additional tasks required. No employee
shall work more than six (6) hours in performing Canine Officer duties
without the express direction of their supervisor.
Helicopter Pay
Effective the pay period beginning January 20, 2007, employees assigned
to work as Helicopter Pilots shall receive additional compensation at the
rate of Five Hundred ($500.00) Dollars per month in addition to any other
compensation received. Effective the pay period beginning December 22,
2007, helicopter pay will be increased to Six Hundred ($600.00) Dollars
per month.
Matron Pay
Any female non -sworn employees assigned matron duties shall receive
one (1) hour straight time pay for each shift matron duties are performed.
Minimum Call Back
The following shall determine the type of compensation for the overtime
worked:
a. Court (two hour minimum).
b. Call Out - off duty personnel called out for a special assignment
(two hour minimum).
C. Payment shall not be made for employees required to return to
work to correct work errors.
d. Call back shall be paid only for hours not contiguous to the
employees regular work schedule when they are required to
physically return to work.
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O. Bilingual Pav
Effective the pay period beginning January 20, 2007, employees certified
as bilingual (Spanish) shall be eligible to receive Two Hundred ($200.00)
Dollars per month in bilingual pay. The existing certification process will
confirm that employees are fluent at the street conversational level in
speaking, reading and writing Spanish. Employees certified shall receive
bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Chief of Police.
P. Certification Pav
Unit employees in Mechanic classification shall be eligible for annual
certification pay as follows:
1. Smog License - $250.00
2. Fire Mechanic State Level I - $100.00
3. Fire Mechanic State Level II - $200.00
4. ASE Certification - $25.00 per certification up to a maximum of
eight (8) and $100.00 for possessing a current ASE Master Truck
Technician and $100.00 for possessing a current ASE Master
Automobile Technician certification.
5. Commercial Drivers License, Class A - $100.00
6. Commercial Drivers License, Class B - $75.00
Q. Uniform Allowance.
The City reports to PERS a uniform allowance amount of $750 per year
for sworn officers; $118.56 per year for non -sworn personnel.
SECTION 3. — Leaves
A. Flex Leave
1. Effective the pay period beginning January 6, 2007, NBPEA
members shall accrue (prospectively) flex leave based on the
greater of their total continuous years of full -time service with the
City of Newport Beach, or their total full -time employment as a
sworn law enforcement officer, including up to a maximum of six
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3.
months time employed as a police recruit or similar classification in
a police training academy. NBPEA members shall accrue Flex
leave at the following rates:
Years
of Con't. Service:
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Adjusted Accrual
Per Pay Period:
5.85
6.46
7.08
7.70
8.31
8.92
9.54
NBPEA and the City acknowledge that employees assigned the
9/81 work schedule accrue one (1) additional hour per pay period in
addition to the accrual levels set forth above.
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
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Manual. Members entitled to use sick leave pursuant to
Section 11.2A of the Employee Policy Manual must notify
appropriate department personnel of their intention to access
the sick leave bank and, in the absence of notification,
absences will be charged to the member's flex leave
account. Members who wish to convert an absence from
flex leave to sick leave must submit a written request to the
Chief of Police within twenty (20) days after the absence (20
days from the last absence in the event the member was
continuously absent for more than one day) specifying the
nature of the illness and the person notified of the intent to
use sick leave, or the reasons for the failure to notify
appropriate department personnel. The Chief of Police shall
grant the request for conversion if the member submits a
written statement signed by his or her attending physician
confirming the illness and the Police Chief determines that
the member's failure to notify appropriate departmental
personnel was reasonable under the circumstances.
d. NBPEA members shall be entitled to accrue flex leave up to
seventy (70) times the members bi- weekly flex leave accrual
rate (Flex Leave Accrual Threshold). NBPEA members first
hired by the City prior to September 1, 1997, shall be paid
for all flex leave that accrues in excess of the flex leave
accrual threshold (Flex Leave Spillover Pay). Flex Leave
Spillover Pay will be paid at the member's regular hourly rate
of pay. Effective during the first pay period of January, 1998,
NBPEA members who have not utilized at least 80 hours of
flex leave during the prior calendar year shall not accrue flex
leave in excess of the Flex Leave Accrual Threshold and
shall not be entitled to Flex Leave Spillover Pay.
NBPEA members first hired, or rehired by the City
subsequent to September 1, 1997, shall not be eligible for
Flex Leave Spillover Pay and shall not be entitled to accrue
flex leave in excess of the Flex Leave Accrual Threshold.
e. All requests for scheduled flex leave shall be submitted to
appropriate department personnel. Flex leave may be
granted on an hourly basis. In no event shall a member take
or request flex leave in excess of the amount accrued.
f. Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the
employment relationship.
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g. Should approved leave be canceled due to the needs of the
City, a reasonable extension of time (up to 90 days) will be
granted for employees to reschedule the leave without the
loss of spillover or leave accrual.
h. Employees actually working 2088 hours per year shall be
credited with two hours holiday pay per quarter worked on
the 12 hour schedule.
B. Holiday Time
NBPEA members shall accrue holiday time at the rate of 96 hours per
fiscal year (July 1 through June 30th), and at the rate of 3.7 hours per pay
period.
Option 1 (Default): Unless otherwise irrevocably elected by the employee,
holiday compensation shall be paid in cash along with the employee's
regular bi- weekly check, and will be reported to PERS as special
compensation in addition to the employee's bi- weekly base salary.
Option 2: Within 60 days of NBPEA membership, NBPEA members may
irrevocably elect to have all or any portion of the 3.7 hours of accrued
holiday compensation added to the member's flex leave bank on a bi-
weekly basis in lieu of a cash payment. Once holiday time is accrued to
the member's flex leave bank, all rules and opportunities concerning the
flex leave program (described elsewhere in this MOU and in the Employee
Policy Manual) will apply (e.g. usage, maximum balance, spillover,
periodic payout, etc). Pay for any time taken from the flex leave bank, and
any spillover pay or other payout for flex leave, will not be reported to
PERS as special compensation.
C. Leave Pav Off
For the term of this agreement, NBPEA members shall receive payment
for any accrued leave upon termination at the rate of 109% of their base
hourly rate..
D. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty
by employee having regular or probationary appointment because of the
death or terminal illness in his /her immediate family. NBPEA members
shall be entitled to forty (40) hours of bereavement leave per incident
(terminal illness followed by death is considered one incident). Immediate
family shall mean an employee's father, mother, brother, sister, wife,
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husband, child or grandparent, and the employee's spouse's father,
mother, brother, sister or child.
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.
Worker's Compensation Leave
1. Sworn Members
Any NBPEA member who is a sworn peace officer and
incapacitated by reason of any injury or illness which has been
determined to have arisen out of or in the course of his or her
employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State
of California.
2. Non —sworn Members
Any employee incapacitated by reason of any injury or illness which
has been determined to have arisen out of or in the course of his or
her employment shall receive, in addition to temporary disability
compensation pursuant to the laws of the State of California, an
additional sum which, when added to temporary disability
payments, provides the injured employee with regular
compensation. Regular compensation is defined as the salary for
the position and step occupied by the employee on the date of the
job — related illness or injury. Payment shall commence with the first
day of approved absence and end with the termination of temporary
disability, or the expiration of six (6) months, whichever occurs first.
Scheduling of Medical Treatment for Industrial Iniuries
Time spent by an employee receiving medical attention during the
employee's normal working hours is considered hours worked and
compensable, when the City or it's representative schedules the
appointment.
When an employee is temporarily totally disabled due to an industrial
injury, and is unable to perform even limited duty in the workplace, all
appointments, whether arranged by the City or the employees, shall be
considered as occurring during normal working hours. The employee
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shall not be entitled to any additional compensation, regardless of the
employee's regular work schedule or the type of compensation currently
received, except as otherwise required by law.
When an employee has been released to either full or limited duty and has
returned to the workplace, time spent receiving ongoing medical
treatment, such as physical therapy or follow -up visits that are not
scheduled by the City, is not considered hours worked and therefore, is
not compensable. To avoid disruption in the workplace, an employee
shall schedule such appointments to occur during off duty hours whenever
possible. In the event such scheduling is not available, employee may be
allowed to attend an appointment during their regularly scheduled duty
shift with prior supervisory approval. Regular recurring appointments
(i.e., weekly physical therapy) must be scheduled off duty.
SECTION 4. —Fringe Benefits
A. Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC)
composed of one representative from each employee association
group and up to three City representatives. The Benefits
Information Committee has been established to allow the City to
present data regarding carrier and coverage options, the cost of
those options, appropriate coverage levels and other health
programs. The purpose of the BIC is to provide each employee
group with information about health insurance /programs and to
receive timely input from associations regarding preferred coverage
options and levels of coverage.
2, Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan.
Effective the pay period beginning December 23, 2006, the City
contribution toward the Cafeteria Plan shall be $774. In addition,
the City shall contribute the minimum 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.
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Any unused Cafeteria Plan funds shall be payable to the employee
as taxable cash back. Employees shall be allowed to change
coverages in accordance with plan rules and during regular open
enrollment periods.
Effective the pay period beginning December 22, 2007, the City's
contribution towards the Cafeteria Plan will increase to $874 (plus
the minimum CalPERS participating employer's contribution).
Effective the pay period beginning December 20, 2008, the City's
contribution towards the Cafeteria Plan will increase to $974 (plus
the minimum 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.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as
part of the City's health plan offerings as agreed upon by the
Benefits Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as
part of the City's health plan offerings as agreed upon by the
Benefits Information Committee.
5. Changes in Insurance Carriers and Coverages
There shall be no change in Insurance carriers or coverages during
the term of this agreement unless the City has given prior notice to
the Association and, upon request, met and conferred.
B. Additional Insurance /Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee
to reduce taxable income for payment of allowable expenses such
as child care and medical expenses. The City shall maintain a
"reimbursable account program" in accordance with the provisions
of Section 125 of the Internal Revenue Code, pursuant to which an
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Association member may request that medical, child care and other
eligible expenses be paid or reimbursed by the City out of the
employee's account. The base salary of the employee will be
reduced by the amount designated by the employee for
reimbursable expenses.
2. Disability Insurance
The City shall provide Short -term (STD) and Long -term (LTD)
disability insurance to all regular full time employees with the
following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000 /month
Minimum Benefit $50
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves
prior to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid
leave once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance
cost in the amount of one (1.0 %) percent of base salary.
Simultaneously, the City increased base wages by one (1.0 %)
percent.
3. Life Insurance
The City shall provide life insurance for all regular full -time
employees in $1,000 increments equal to one times the employee's
annual salary up to a maximum of $50,000. At age 70 the City -paid
life insurance is reduced by 50% of the pre -70 amount. This
amount remains in effect until the employee retires from City
employment.
Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
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The Retirement Benefit
1. The City shall pay each member's required PERS retirement
contribution (9% of salary for sworn employees and 7% for non —
sworn employees). City payments pursuant to this Section shall be
deemed to be member contributions under the Public Employees
Retirement System and recoverable by the member as such in
accordance with the rules and regulations promulgated by PERS.
These amounts will be reported to PERS as special compensation
for retirement purposes.
2. Non -Sworn Members
The City provides the Public Employees' Retirement System
retirement formula of 2% at 55.
3. Sworn Members
The City provides the Public Employees' Retirement System
retirement formula of 3% at 50.
4. The City provides the PERS Level 4 1959 Survivor Benefit for
Miscellaneous and Safety members.
5. The City provides the PERS pre- retirement option settlement 2
death benefit (Section 21548) for Miscellaneous and Safety
members.
Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new program
will be ongoing for an extended period. During the transition, employees
and (then) existing retirees have been administratively classified into one
of four categories. The benefit is structured differently for each of the
categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2005,
whose age plus years of service as of January 1, 2005 was less
than 50 (46 for public safety employees).
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c. Category 3 - Active employees hired prior to January 1, 2005,
whose age plus years of service was 50 or greater (48 for public
safety employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City
prior to January 1, 2005, and were participating in the previous
retiree medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Medical Expense Reimbursement
Program Plan (MERP).
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual MERP account for
bookkeeping purposes, called his or her "Employee Account." This
account will accumulate contributions to be used for health care
expense after separation. All contributions to the plan are either
mandatory employee contributions or City paid employer
contributions, so they are not taxable to employees at the time of
deposit. Earnings from investment of funds in the account are not
taxable when posted to the account. Benefit payments are not
taxable when withdrawn, because the plan requires that all
distributions be spent for specified health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1% of
Salary.
Part B contributions (employer contributions): $1.50 per month for
each year of service plus year of age (updated every January Vt
based on status as of December 31s` of the prior year). Effective
January 2008, this contribution will increase to $2.50 per month.
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
employees within the Association must participate at the same level,
except that Safety members and Non - safety members within an
Association may have different levels. The participation level should
be specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
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For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the
City, or cashing out leave at any other time, would have the cash
equivalent of 50% of the amount that is cashed out added to the
MERP, on a pre -tax basis. The remaining 50% would be paid in
cash as taxable income. Individual employees would not have the
option to deviate from this breakout.
The Association has decided to participate in Part C contributions at
the level of zero percent (0 %). This amount may be changed, on a
go forward basis, as part of a future meet and confer process.
However, the participation level must be the same for all employees
within the Association except that Safety members and Non - safety
members within an Association may have different levels.
Additionally, the purpose and focus of these changes should be
toward long -term, trend type adjustments. Due to IRS restrictions
regarding "constructive receipt," the City will impose restrictions
against frequent spikes or drops that appear to be tailored toward
satisfying the desires of a group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the MERP Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21
of the Manual contains a schedule which specifies the amount of sick
leave that can be "cashed out," based on time of service. The
manual also caps the number of hours that can be "cashed out" at
800, and specifies that sick leave hours are "cashed out' on a 2 for 1
basis (800 hours of sick leave are converted to 400 hours for cash
purposes). Sick leave participation is a separate item from
vacation/ flex leave participation, and thresholds must be separately
identified by the Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each MERP Employee Account each pay period.
Eligibility for Part B contributions is set at five years of vested City
employment. At that time, the City will credit the first five years worth
of Part B contributions into the Employee Account (interest does not
accrue during that period). Thereafter, contributions are made bi-
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weekly. Part C deposits, if any, will be made at the time of
employment separation.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account balance
is zero. This right is triggered upon separation. If an employee
leaves the City prior to five years employment, only the Part A
contributions and Part C leave settlement contributions, if any, will be
in the MERP Employee Account. Such an employee will not be
entitled to any Part B contributions. The exception to this is a full -
time employee, participating in the program, who leaves the City due
to industrial disability during the first five years of employment. In
such cases, the employee will receive exactly five years worth of Part
B contributions, using the employee's age and compensation at the
time of separation for calculation purposes. This amount will be
deposited into the employee's MERP account at the time of
separation.
Distributions from MERP Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained
in IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care
insurance, and miscellaneous medical expenses not covered by
insurance for the employee and his or her spouse and legal
dependents — again only as permitted by IRS Publication 502.
Qualification for dependency status will be determined by guidelines
in IRC 152. If used for these purposes, distributions from the MERP
accounts will not be taxable. Cash withdrawal for any other purpose
is prohibited. Under recent IRS Revenue Ruling 2005 -24, any
balance remaining in the Employee Account after the death of the
employee and his or her spouse and /or other authorized dependents
(if any) must be forfeited. That particular MERP Employee Account
will be closed, and any remaining funds will become general assets
of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating
employer's contribution towards medical insurance after retirement.
The parties also agree that, for retirees selecting a CaIPERS medical
plan, or any other plan with a similar employer contribution
requirement, the required City contribution will be withdrawn from the
retiree's MERP account.
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b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual MERP accounts that equates
to $100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City
and at the time of retirement. No interest will be earned in the
interim.
Employees in Category 2 who had less than five years service with
the City prior to implementation of the new program will only receive
Part B contributions back to January 1, 2006 when they reach five
years total service.
c. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their
MERP accounts after they retire from the City, to continue as long as
the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for
the duration of their employment to partially offset part of this
expense to the City. The maximum benefit provided by the City after
retirement is $4,800.00 per year, accruing at the rate of $400.00 per
month. There is no cash out option for these funds, and they may
not be spent in advance of receipt.
Employees in this category will also receive an additional one -time
City contribution of $75 per month for every month they contributed to
the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the MERP
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
d. For emplovees (retirees) in Category 4, the structure is very
similar to the previous retiree medical program, except that there is
no cost share requirement, and the $400 City contribution after
retirement can be used for any IRS authorized purpose, not lust City
insurance premiums.
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Effective July 1, 2006, a MERP account has been opened for each
retiree in this category, and the City will contribute $400 per month to
each account as long as the retiree or spouse remains living.
For existing NBPEA retirees in this category, the $400 was increased
to $450 effective July 1, 2006. The NBPEA and Police Management
Association have agreed to reimburse the City for half of the cost of
this increase, on an ongoing basis. To that end, the City will invoice
NBPEA at the end of each quarter for half the actual cost of this
increase during the previous three months.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be paid
by the City. However, specific vendor charges for individual account
transactions that vary according to the investment actions taken by each
employee, such as fees or commissions for trades, will be paid by each
employee.
The City's Deferred Compensation Committee, or its successor committee,
will have the authority to determine investment options that will be available
through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree Medical
Program shall be valued at 1% of salary on which PERS retirement is based
(Part A); plus .25% of other compensation (Part B).
F. Tuition Reimbursement
NBPEA members attending accredited community colleges, colleges,
trade schools or universities may apply for reimbursement of one hundred
percent (100 %) of the actual cost of tuition, books, fees or other student
expenses for approved job — related courses. Maximum tuition
reimbursement for sworn personnel shall be $1,000.00 per fiscal year.
Maximum tuition reimbursement for non —sworn members shall be
$1,400.00 per year. Effective July 1, 2007, the maximum tuition
reimbursement for sworn and non -sworn employees shall be $1,200 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
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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.
"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
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supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications which constitute a Series.
e. 'Bumping Rights ", 'Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for
which the employee does not possess the minimum qualifications
such as specialized education, training or experience.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
C. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series. An employee who has Bumping
Rights shall notify the Department Director within three (3) working
days after notice of layoff of his /her intention to exercise Bumping
Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay —off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to the extent permitted
by the Employee Policy Manual.
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4. Re— Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re—employment list in reverse order of layoff. The re-
employment list shall remain in effect until exhausted by removal of all
names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or a lower
ranking Classification within a Series, the employee at the top of the
Department re— employment list shall have the right to appointment to the
position, provided, he or she reports to work within seven (7) days of
written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail,
certified, return receipt requested, and addressed to the employee at his
or her last known address. Any employee shall have the right to refuse to
be placed on the re—employment list or the right to remove his or her
name from the re— employment list by sending written confirmation to the
Personnel Director.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of lay —off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach.
B. Work Schedules
Nothing contained herein is intended to abridge management's right to schedule
work to meet the Police Department's needs of providing services in an efficient
and safe manner. Management recognizes its obligations under the Meyers -
Milias -Brown Act to meet and confer before making any substantive changes to
work schedules that impact an employee's conditions of employment.
1. Substantive Work Schedule Modifications
Newport Beach Police Department currently has available a variety of
work schedules including 5/8, 3/12, 9/81 and 4/10 schedules. Except in
the case of emergency, prior to moving any employee or group of
employees from one work schedule to another (for example from a 9/81 to
a 3/12 schedule), the Department shall notify, and upon request, meet and
confer with the Association in advance of any schedule change. If an
emergency prohibits meeting and conferring prior to the schedule change,
the Department shall meet and confer with the Association as soon as is
reasonably possible after the schedule change.
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2. Non - Substantive Schedule Modifications
In the event of any non - substantive change to an employee's work
schedule (changes in starting times, days off, etc), Management agrees to
give as much advance notice of said change as possible and to give due
regard to the needs of the employees to make adjustments to their
personal schedules and commitments related to the change in work
schedules.
3. Transfers
Transferring an employee to an assignment with a different work schedule
shall not be considered a change to modified work schedules and shall not
obligate Management to meet and confer over said change.
Seniority
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.
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.
Determination of seniority date upon promotion or demotion of full
time employees:
An employee promoted into any higher classification shall obtain
their seniority date based upon their date of promotion, relative to
others in the classification into which the employee promotes.
ii. An employee who voluntarily or involuntarily demotes into any
lower classification shall retain the oldest seniority date from any
prior full time classification from which they promoted or to which
they are re- classified.
c. Part time employees have no seniority rights, and any full time
employee who resigns their full time position and accepts a part time
appointment shall forfeit any seniority, even upon reappointment to a
full time position.
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d. Nothing in this definition is intended to affect any other employment
right or consideration that may be based upon total years of service,
initial appointment date, or any other date of hire or change in
employment status.
e. In the event there is a conflict between members of a classification
hired on the same day, seniority position shall be determined by order
of hire based upon issuance of Employee ID numbers.
f. For the class of police officer, seniority is determined based upon the
date of appointment as a police officer, not date of hire as a police
recruit.
2. Nothing contained herein is intended to abridge management's right to
schedule employees to work or deny leave requests that management
feels will interfere with the efficient running of the Police Department or
present a safety hazard to employees or the community.
The Department shall continue its practice of allowing employees to sign
up for vacations, shifts and days off by seniority. The Department shall
have the right to deviate from seniority in shift preference selection as
necessary to meet training needs, train probationers, separate employees,
meet specialized qualification needs, and /or to correct experience
imbalances in accordance with existing practice. In the event
Management wishes to propose substantive changes to the existing
practice of sign -up for vacations, shifts and days off by seniority, it shall
give notice to the Association and meet and confer to seek mutually
agreeable solutions and /or remedies. In the event that a mutually
agreeable solution or remedy is not found, Management may deviate from
the prior seniority criteria to the extent necessary to meet operational or
safety needs.
D. Grievance Procedure
1. Definition
The term "grievance" means a dispute between NBPEA or any member
and the City regarding the interpretation or application of rules or
regulations governing the terms and conditions of employment, any
provision of the Employee Policy Manual, any provision of Resolution No.
7173, or this MOU.
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2. Guidelines
Any NBPEA member may file a grievance without fear of retaliation or any
adverse impact on any term or condition of employment.
a. A grievance shall not be filed to establish new rules or regulations,
change prevailing ordinances or resolutions, nor circumvent
existing avenues of relief where appeal procedures have been
prescribed.
b. An employee may be self — represented or represented by one other
person.
C. An employee and any representative shall be given notice of the
time and place of any grievance proceeding, the opportunity to be
present at such proceedings, a copy of any written decision or
communication to the employee concerning the proceedings, and
any document directly relevant to the proceedings.
d. All parties shall engage in good faith efforts to promptly resolve the
grievance in an amicable manner. The time limit specified may be
extended upon mutual agreement expressed in writing.
e. The procedures in this MOU represent the sole and exclusive
method of resolving grievances.
3. Procedure for NBPEA Members
Step 1 — The employee shall orally present the grievance to his or
immediate supervisor within ten (10) working days after the member knew,
or in the exercise of reasonable diligence should have known, the act or
events upon which the grievance is based. The immediate supervisor
shall conduct any appropriate investigation and meet with the employee
no more than ten (10) working days after presentation of the grievance.
The employee shall be given at 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
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matters at issue, the facts upon which the grievance is based, and the
remedy requested by the employee. The supervising Captain shall meet
with the employee and any representative in an effort to resolve the
grievance. The meeting shall be scheduled no more than ten (10) days
following receipt of the appeal unless deferred by the consent of both
parties. The Captain shall provide the employee with a written decision on
the appeal within ten (10) working days after the meeting.
Step 3 — Appeal to Chief of Police. Any employee dissatisfied with the
decision of the supervising captain may proceed to Step 3 by submitting a
written appeal to the Chief of Police. The written appeal must be filed with
the Chief of Police within five (5) days following receipt of the supervising
captain's decision. The written appeal must contain a complete statement
of the matters at issue, the facts upon which a grievance is based, and the
remedy requested by the employee. The Chief of Police shall meet with
the employee and any representative in an effort to resolve the grievance.
The meeting shall be informal and the discussion should focus on the
issues raised by the grievance. The meeting shall be scheduled no more
than ten (10) days following receipt of the appeal unless deferred by the
consent of both parties. The Chief of Police shall provide the employee
with a written decision on the appeal within ten (10) working days after the
meeting.
Step 4 — Appeal to City Manager. In the event the employee is
dissatisfied with the decision of the Chief of Police, the employee may
proceed to Step 4 by submitting a written appeal of the decision to the City
Manager. The written appeal must be filed within five (5) days following
receipt of the Police Chiefs decision. The written appeal shall contain a
complete statement of the matters at issue, the facts upon which the
grievance is based, the decisions of the supervising captain and Chief of
Police, and the remedy requested by the employee. The City Manager
shall meet with the employee and his or her representative in an effort to
resolve the grievance and to receive any additional information the
employee or department may have relative to the matter. The meeting
shall be scheduled no more than ten (10) days following receipt of the
appeal unless deferred by the consent of both parties. The City Manager
shall provide the employee with a written decision within ten (10) working
days after the meeting. The decision of the City Manager shall be final.
4. General Grievance
A general grievance affecting more than one NBPEA member may be filed
by NBPEA on behalf of the affected employees with the Chief of Police.
The grievance shall contain a complete statement of the matters at issue,
the facts upon which the grievance is based, and the remedy requested by
NBPEA. The Chief of Police shall meet with NBPEA representatives
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E.
F
G.
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.
Pre - Hearing Briefs
Each party is entitled to the other party's pre- hearing brief.
Use of Tobacco Products
All employees hired after January 1, 1999, shall not smoke or use any tobacco
products at any time while on, or off duty. Employees shall be required to sign
an agreement consistent with this section. Violation of this agreement will
subject the employee to disciplinary action. Smoking an occasional celebration
cigar (birth of a child, etc.) shall not be considered a violation of this policy.
Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
H. Re— pener
The parties agree to reopen negotiations on a possible retirement plan
enhancement for non -sworn employees and custody officer employees after
receipt of retirement rates for the period beginning July 2007. Any negotiated
change must be cost neutral to the City.
Contract Negotiations
The parties agree that, if NBPEA submits preliminary requests for changes in
wages, fringe benefits and other terms and conditions of employment earlier than
90 days prior to expiration of this MOU (as provided in Section 18. Timetable for
Submission of Requests of the Employer - Employee Relations Resolution), the
parties will begin negotiations promptly, with the objective of reaching agreement
by December 31, 2009.
Signatures are on the next page.
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Executed this day of
2007:
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION
By:
By:
CITY OF NEWPORT BEACH
By:
Steven Rosansky
Mayor
ATTEST:
By:
LaVonne Harkless
City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
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Eric Peterson