HomeMy WebLinkAbout2019-10 - Adopting A Memorandum of Understanding Between the City of Newport Beach and The Newport Beach Police Management AssociationRESOLUTION NO. 2019-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF NEWPORT BEACH AND THE NEWPORT
BEACH POLICE MANAGEMENT ASSOCIATION
WHEREAS, the City Council of the City of Newport Beach ("City Council")
previously adopted Resolution No. 2001-50, the "Employer -Employee Relations
Resolution," pursuant to the authority contained in the Meyers-Milias-Brown Act,
Government Code §3500, et seq.;
WHEREAS, the City of Newport Beach ("City") supports effective communication
and collaborative working relationships with its employee associations to promote
improved relations while balancing good management practices;
WHEREAS, the City previously entered into a memorandum of understanding with
the Newport Beach Police Management Association ("PMA"), a recognized employee
organization, for the term of January 1, 2015 through June 30, 2018 ("2015 MOU");
WHEREAS, in accordance with Section 1(B) of the 2015 MOU, its provisions
remain in full force and effect after its expiration while the City and PMA meet and confer
on a successor memorandum of understanding;
WHEREAS, representatives from the City and PMA met and conferred in good
faith and reached a tentative agreement on wages, benefits, and other terms and
conditions of employment ("Tentative Agreement"), which are memorialized in the
Memorandum of Understanding between the City and PMA ("Memorandum of
Understanding") attached hereto as Exhibit A and incorporated herein by this reference,
negotiated to go into effect as of March 30, 2019;
WHEREAS, the City was notified on December 4, 2018 that PMA had ratified said
Tentative Agreement;
WHEREAS, City of Newport Beach Charter Section 601 requires the City Council
to provide the number, titles, qualifications, powers, duties and compensation of all
officers and employees of the City;
WHEREAS, Newport Beach Municipal Code Section 2.28.010 provides that, upon
recommendation of the City Manager, the City Council may establish by resolution the
salary range or rate for each position;
Resolution No. 2019-10
Page 2 of 3
WHEREAS, the City Manager has reviewed the changes to the salary schedule
for PMA unit members provided in this resolution and recommends approval;
WHEREAS, the City Council received and considered the Tentative Agreement at
its regular meeting on January 22, 2019;
WHEREAS, the City Council received and considered the Memorandum of
Understanding at its regular meeting on February 12, 2019;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedule for employees represented by the PMA so as to be in conformance with
the Memorandum of Understanding effective March 30, 2019; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2015 MOU, effective March 30, 2019, by adopting the Memorandum of Understanding
attached hereto as Exhibit A to serve as the successor agreement between the City and
PMA for the period of March 30, 2019 through June 30, 2022.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby adopt the Memorandum of
Understanding that is attached hereto and incorporated herein as Exhibit A. Wages,
hours, fringe benefits and other terms and conditions of employment for employees
represented by the PMA shall be provided in accordance with the provisions of the
Memorandum of Understanding, which shall serve as the successor agreement between
the City and PMA for the period of March 30, 2019 through June 30, 2022.
Section 2: The City's Salary Schedule shall be modified effective March 30, 2019,
to be consistent with this resolution.
Section 3: Effective March 30, 2019, the Memorandum of Understanding shall
supersede in all respects any and all terms and provisions of all prior memoranda of
understanding between City and employees represented by the PMA, except to the extent
that any term or provision of this Memorandum of Understanding expressly provides
otherwise.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2019-10
Page 3of3
Section 5: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12th day of February, 2019.
DiAne Dixon
Mayor
ATTEST:
ftclv�s-
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C
Aaron C. Harp
City Attorney
Attachment: Exhibit A — Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
POLICE MANAGEMENT ASSOCIATION
March 30, 2019 through June 30, 2022
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Recognition..................................................................................................................... 1
Term...............................................................................................................................
1
ReleaseTime..................................................................................................................
2
Scope.............................................................................................................................
3
Conclusiveness..............................................................................................................4
Modifications...................................................................................................................
4
BulletinBoards................................................................................................................
4
NoStrike.........................................................................................................................
4
Savings...........................................................................................................................
5
Impasse...........................................................................................................................
5
Section 2. Compensation
SalaryAdjustments.........................................................................................................
5
Code Seven/Duty Incentive Time.................................................................................... 5
Overtime..........................................................................................................................
5
UniformAllowance.......................................................................................................... 7
Scholastic Achievement Pay........................................................................................... 8
Special Leadership Compensation.................................................................................. 8
LongevityPay.................................................................................................................. 8
July4.............................................................................................................................. 9
BilingualPay................................................................................................................... 9
MotorcycleAssignment................................................................................................... 9
Section 3. Leaves
FlexLeave.....................................................................................................................
10
HolidayTime.................................................................................................................
12
BereavementLeave......................................................................................................
12
LeaveSellback..............................................................................................................
13
Scheduling of Medical Treatment for Industrial Injuries .................................................
13
Non -Accruing Leave Bank.............................................................................................
14
Section 4. Fringe Benefits
HealthInsurance...........................................................................................................
14
Additional Insurance/Programs.....................................................................................
15
Employee Assistance Program.....................................................................................
17
RetirementBenefits.......................................................................................................
17
RetireeMedical Benefit................................................................................................. 18
Deferred Compensation................................................................................................ 23
TuitionReimbursement................................................................................................. 24
Section 5. Miscellaneous Provisions
Reduction in Force/Layoffs............................................................................................ 24
Schedule....................................................................................................................... 26
Grievance Procedure.................................................................................................... 27
DirectDeposit................................................................................................................ 29
ContractNegotiations.................................................................................................... 30
Exhibit A - Represented Classifications and Pay Rates ............................................. 32
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" or "Association"),
a recognized employee organization, and the City of Newport Beach ("City"), a
municipal corporation and charter city, have been meeting and conferring, in good
faith, with respect to wages, hours, fringe benefits and other terms and conditions
of employment.
2. This MOU, upon approval by NBPMA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters set forth herein.
SECTION 1. —General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport
Beach, the Meyers-Milias-Brown Act of the State of California and the
provisions of the Employer's/Employee Labor Relations Resolution No.
2001-50, the City acknowledges that 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 classification
of Police Sergeant and Police Lieutenant
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 March 30, 2019. This MOU shall remain in full
force and effect until June 30, 2022, 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
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 (1) hour, with their representative prior
to a hearing described in (c) above.
2. City grants NBPMA one hundred (100) hours of Release Time per
calendar year to engage in the activities described in subsection 1(a).
NBPMA may accumulate up to three hundred (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 one hundred (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
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 work day during which the
negotiating team member is to attend a meet and confer
NBPMA MOU 2019-2022 _ 2 _
D. Scope
session. Employees may flex start/finish time up to two (2)
hours.
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.
2001-50. Management Rights include, but are not limited to, the
following:
a. The determination of the purposes and functions of the Police
Department;
b. The establishment of standards of service;
C. To assign work to employees as deemed appropriate;
d. The direction and supervision of its employees;
e. The discipline of employees;
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;
NBPMA MOU 2019-2022 _ g _
The right to take all necessary actions to fulfill the Police
Department's responsibilities in the event of an emergency;
The exercise of complete control and discretion over the
manner of organization, and the appropriate technology, best
suited to the performance of departmental functions.
The practical consequences of a Management Rights decision on
wages, hours, and other terms and conditions of employment shall
be subject to the grievance procedures.
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the term of this MOU, neither party shall
be compelled, and each party expressly waives its rights to request the
other to meet and confer concerning any issue relating primarily to matters
within the scope of representation except as expressly provided herein or
by mutual agreement of the parties. No representative of either party has
the authority to make, and none of the parties shall be bound by, any
statement, representation or agreement 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 bulletin
boards by the NBPMA shall indicate that the NBPMA posted it. Material
posted shall not contain personal attacks on any City official or employee,
any material which constitutes harassment, discrimination or retaliation on
the basis of any protected class under the law or other statutorily or
constitutionally impermissible basis, or any pornographic or obscene
material.
H. No Strike
The parties recognize their mutual responsibility to provide the citizens of
Newport Beach with uninterrupted municipal services and, therefore, for the
NBPMA MOU 2019-2022 _ 4 _
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 enter into negotiations for the sole purpose of arriving at a mutually
satisfactory replacement for such provision or provisions.
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 Adjustments — this MOU Period
Base salary increases for all NBPMA represented classifications shall be as
follows and as specified in Exhibit A:
Effective March 30, 2019, base salaries will be increased by 2.0%.
Effective the pay period including April 1, 2020, base salaries will be
increased by 2.0%.
Effective the pay period including April 1, 2021, base salaries will be
increased by 2.0%.
B. Code Seven/Duty Incentive Time
Employees in the Unit receive a paid meal period (aka "Code Seven" time).
By being paid for a meal period, each employee in the unit must be available
to respond to any work-related request, emergency or call for service during
his/her meal period.
C. Overtime
1. All employees in both classifications in the unit shall earn overtime.
For Lieutenants, overtime is earned per this MOU. For Sergeants
who qualify for FLSA overtime they shall receive both FLSA (as
NBPMA MOU 2019-2022 _ 5 _
specifically provided by the FLSA) and MOU overtime. The overtime
compensation provided to all employees in the unit shall be at the
rate of time and one half (1.5) the regular rate of pay for hours worked
in excess of their regularly scheduled shift. Paid time off shall be
considered time worked for overtime calculation purposes. No
individual rights under the FLSA are waived by this provision.
The rate at which Contract (i.e., MOU) Overtime is calculated shall
not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria
Plan Allowance, or any cash back an employee may receive from the
Cafeteria Plan Allowance as set forth in Section 4, by choosing
benefits which cost less than the Allowance.
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 one hundred twenty (120) hours. All overtime
worked for employees at the CTO maximum shall be paid.
An employee wishing to use his/her accrued compensatory time off
shall provide the City with reasonable notice. Reasonable notice is
defined as at least two (2) weeks. If reasonable notice is provided,
the employee's request may not be denied unless it is unduly
disruptive to the department to grant the request. A request to use
compensatory time off without reasonable notice may still be granted
within the discretion of the supervisor or manager responsible for
considering the request.
3. Overtime Compensation — Court
a. Compensation - Employees shall receive either compensatory
time (subject to the maximum accrual of 120 hours addressed in
subsection C2 above) or paid time at their discretion.
b. On -Call - Off-duty employees on call for court who have not been
cancelled prior to the scheduled standby time shall, whether
extended or not, be compensated at a rate equal to the actual
standby time, with a minimum of one (1) hour paid at time and
one-half (1.5) the employee's regular rate of pay.
c. Appearance - Off-duty employees who are required to appear in
court shall be compensated for the actual time involved with a
minimum of four (4) hours paid at time and one-half the
employee's regular rate of pay. This minimum four (4) hour
payment assumes that the time the employee who is required to
appear in court is outside his/her regular work hours. If the time
the employee is in court overlaps any part of the employee's
NBPMA MOU 2019-2022 _ g _
regular work hours, the employee will receive his/her regular pay
plus any additional overtime compensation (at time and one half)
for hours which fell outside regular work hours. Employees
appearing in court after being on call the same day shall be
compensated from the time listed on the subpoena until released
by the court.
Compensation for hours worked begins when the employee
starts driving to court. However, when the employee is called on
the same day and directed to leave his/her location to come to
court, compensation for hours worked begins when the employee
receives the call. Compensation for hours worked ends when the
employee has completed the time in court.
d. Cancellation — Off-duty employees whose court appearance is
cancelled with less than twelve (12) hours notice shall receive a
payment for one (1) hour at the employee's regular rate of pay.
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.
5. Employees in the unit must affirmatively account for their time by
specifically accounting for each days' work with the specific number
of hours worked, including the use of appropriate payroll codes for
leave, overtime and other purposes.
D. Uniform Allowance
As permissible by law and subject to the provisions and limitations under the
Public Employees Retirement Law, including restrictions on reporting
uniform allowance as pensionable compensation for "non classic" members
hired after January 1, 2013, the City shall report the value of provided
uniforms at One Thousand Three Hundred Fifty Dollars ($1,350) per year, in
accordance with PERS requirements. The parties agree the reported value
of uniforms is intended to reflect clothing such as pants, shirts, jackets, and
related attire and excludes health and safety related equipment.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the
City shall report to the California Public Employees' Retirement System
(CaIPERS) the uniform allowance for each classification as special
compensation in accordance with Title 2, California Code of Regulation,
Section 571(a)(5). Notwithstanding the previous sentence, for "new
members" as defined by the Public Employees' Pension Reform Act of
NBPMA MOU 2019-2022 _ _
2013, the uniform allowance will not be reported as pensionable
compensation to CaIPERS.
E. Scholastic Achievement Pay
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 the number of units and/or
degrees received by the employee. The Scholastic Achievement Pay
schedule is as follows, and is regardless of years of service:
60 Units 90 Units BA/BS MA/MS/JD
2% 3% 7% 8.5%
Any unit members hired by the City on and after September 12, 2012 shall
be ineligible for any Scholastic Achievement Pay based upon having
obtained units only. Police Sergeants hired by the City before September 12,
2012 can qualify for the pay above for having obtained either 60 or 90 units.
Police Lieutenants hired by the City before September 12, 2012 can qualify
for the pay above for having obtained 90 units (but not 60 units).
F. Special Leadership Compensation
Individuals who have completed the California Post Supervisory Leadership
Institute ("SLI"), Post Command College, or the FBI National Academy will
receive an additional one percent (1 %) of base pay.
G. Longevity Pay
NBPMA members shall earn longevity pay 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 (6) months time employed as a police recruit or similar
classification in a police training academy as follows.-
NBPMA
ollows.
NBPMA MOU 2019-2022 - g -
At least 12 years of service but less than 16 years of service — 0.75%
At least 16 years of service but less than 20 years of service — 1.50%
At least 20 years of service but less than 25 years of service — 2.25%
At least 25 years of service and more -3.00%
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. All Unit members who actually work July
4th will be compensated at their regular hourly rate, plus premium pay equal
to half ('/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. Therefore, if
an employee is required to work on July 4 and it is not his/her regular
workday, the employee will be scheduled to be off on another day within the
work period.
Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive Two
Hundred Dollars ($200) per month (paid each pay period) in bilingual pay.
The existing certification process will confirm that employees are fluent at
the street conversational level in speaking, reading and writing Spanish.
Employees certified shall receive bilingual pay the first full pay period
following certification.
Additional languages may be certified for compensation pursuant to this
section by the Chief of Police.
The panties agree that to the extent permitted by law, the Bilingual pay in
this section is special compensation and shall be reported to CaIPERS as
such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.
J. Motorcycle Assignment
Employees assigned to work as motor officers are entitled to
compensation for the off duty maintenance and servicing of their
motorcycles. The Panties acknowledge that the Fair Labor Standards
Act (FLSA), which governs the entitlement to compensation for off-duty
motorcycle duties, entitles the Parties to agree to a reasonable number
of hours per month for such duties. The FLSA also allows the Parties to
agree on appropriate compensation for the performance of such off-duty
motorcycle duties. It is the intent of the Parties through this Subsection
NBPMA MOU 2019-2022 _ g _
(J) to fully comply with the requirements of the FLSA and that such
provisions do comply with the FLSA.
2. The Chief of Police, at his or her sole discretion, shall determine the
number of unit positions assigned to motor officer duties. At any time
this number may decrease or increase depending on the decision of the
Chief of Police.
3. Employees assigned as motor officers shall receive an additional six (6)
hours of straight time compensation per month, paid at one and one-half
(1.5) times their regular hourly rate of pay. This pay is compensation for
the off-duty maintenance and servicing of the motorcycle. The Parties
agree the additional compensation is for the performance of off-duty
work and does not meet the definition of compensation earnable under
Government Code Section 20636, and will therefore not be reported to
PERS.
SECTION 3. —Leaves
A. Flex Leave
NBPMA 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 (6) months
time employed as a police recruit or similar classification in a police
training academy as follows:
Yrs of Service
Accrual Per
Maximum
Pay Period
Accrual
Less than 5
5.69
443.82
5 but less than 9
6.31
492.18
9 but less than 12
6.92
539.76
12 or more
8.16
636.48
2. The Flex leave program shall be administered as follows:
a. NBPMA members shall accrue three (3) months (i.e. 36.99
hours) of flex leave (as provided in the chart in paragraph Al
above) upon completion of three (3) months continuous
employment with the Newport Beach Police Department,
provided however, this amount shall be reduced by any flex
leave time advanced during the first three (3) months of
employment.
NBPMA MOU 2019-2022
b. Members employed by the City prior to initiation of the flex
leave program have had then current accrued vacation time
converted to flex leave on an hour for hour basis with then
current sick leave placed in a bank to be used as provided in
the City of Newport Beach Employee Policy Manual.
Members entitled to use sick leave pursuant to the Employee
Policy Manual must notify appropriate department personnel
of their intention to access the sick leave bank and, in the
absence of notification, absences will be charged to the
member's flex leave account. Members who wish to convert
an absence from flex leave to sick leave must submit a written
request to the Chief of Police within twenty (20) days after the
absence (20 days from the last absence in the event the
member was continuously absent for more than one day)
specifying the nature of the illness and the person notified of
the intent to use sick leave, or the reasons for the failure to
notify appropriate department personnel. The Chief of Police
shall grant the request for conversion if the member submits
a written statement signed by his or her attending physician
confirming the illness and the Police Chief determines that the
member's failure to notify appropriate departmental personnel
was reasonable under the circumstances.
C. 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. Effective during the first pay period of
January, 1998, NBPMA members who have not utilized at
least eighty (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 Leave
Spillover Pay and shall not be entitled to accrue flex leave in
excess of the Flex Leave Accrual Threshold.
d. 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.
NBPMA MOU 2019-2022 - 11 -
e. Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the employment
relationship.
B. Holiday Time
NBPMA members shall accrue holiday in lieu time at the rate of ninety-six
(96) hours per fiscal year (July 1 through June 30th), and at the rate of three
point seven (3.7) hours per pay period.
Option 1 (Default): Unless otherwise irrevocably elected by the employee,
holiday compensation shall be paid in cash along with the employee's regular
bi-weekly check. The parties agree, to the extent permitted by law, the
compensation in this section is special compensation for those employees
who are normally required to work on an approved holiday because they work
in positions that require scheduled staffing without regard to holidays and
shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Holiday
Pay.
Option 2: Within sixty (60) days of NBPMA membership, NBPMA members
may irrevocably elect to have all or any portion of the three point seven (3.7)
hours of accrued holiday compensation added to the member's flex leave
bank on a bi-weekly basis in lieu of a cash payment. Once holiday time is
accrued to the member's flex leave bank, all rules and opportunities
concerning the flex leave program (described elsewhere in this MOU and in
the Employee Policy Manual) will apply (e.g. usage, maximum balance,
spillover, periodic payout, etc.). Pay for any time taken from the flex leave
bank, and any spillover pay or other payout for flex leave, will not be reported
to PERS as special compensation.
C. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty
by an employee because of the death or terminal illness in his/her
immediate family. NBPMA members shall be entitled to forty (40) hours of
bereavement leave per incident (terminal illness followed by death is
considered one (1) incident). Leave hours need not be used consecutively,
but should occur in proximate time to the occurrence. Immediate family shall
mean an employee's father, mother, stepfather, stepmother, brother, sister,
spouse/domestic partner, child, stepchild or grandparent, and the
employee's spouse/domestic partner's father, mother, brother, sister, child
or grandparent. An employee requesting bereavement leave shall notify
his/her supervisor as soon as possible of the need to take leave.
NBPMA MOU 2019-2022 _ 2 _
D. Leave Sellback
Employees shall have the option of converting accrued Flex Leave to cash
on an hour for hour basis subject to the following: On or before the pay
period which includes December 15 of each calendar year, an employee
may make an irrevocable election to cash out accrued flex leave which will
be earned in the following calendar year. The employee can elect to receive
the cash out in the pay period which includes June 30 and/or the pay period
which includes December 15 for those Flex Leave benefits that have been
earned during that portion of the year. In no event shall the flex leave
balance be reduced below one hundred and sixty (160) hours. On orbefore
December 31, 2019, each employee shall have the one-time option of
cashing out all ora portion of Flex Leave benefits credited to his/her account
as of that date. However, in no event shall the flex leave balance be
reduced below one hundred and sixty (160) hours when the leave is cashed
out.
E. Schedulinq of Medical Treatment for Industrial Injuries
Time spent by an employee receiving medical attention during the
employee's normal working hours is considered hours worked and
compensable, when the City or its representative schedules the
appointment.
2. When an employee is temporarily disabled due to an industrial injury,
and is unable to perform even limited duty in the workplace, all
appointments, whether arranged by the City or the employees, shall be
considered as occurring during normal working hours. The employee
shall not be entitled to any additional compensation, regardless of the
employee's regular work schedule or the type of compensation currently
received, except as otherwise required by law.
3. 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.
NBPMA MOU 2019-2022
F. Non-Accruinq Leave Bank
Effective March 30, 2019, employees in the unit, shall receive a bank of
forty-one and one quarter (41.25) hours of non -accruing leave to use
between March 30, 2019 and June 30, 2020. Effective July 1, 2020,
Effective July 1, 2020, and on July 1 of each year thereafter, employees in
the unit, shall receive a bank of thirty-three (33) hours of non -accruing leave
to use within that fiscal year. The hours have no cash value and cannot be
transferred to any other leave bank. Hours used are subject to supervisory
approval and must be used within that fiscal year or be forfeited. Non -
accruing leave cannot be carried into the next fiscal year.
SECTION 4. — Fringe Benefits
A. Health Insurance
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 BIC has been
established to allow the City to present data regarding carrier and
coverage options, the cost of those options, appropriate coverage
levels and other health programs. The purpose of the BIC is to
provide each employee association with information about health
insurance/programs and to receive timely input from associations
regarding preferred coverage options and levels of coverage.
2. Medical Insurance - City Contribution
The City has implemented an IRS qualified Cafeteria Plan. In
addition to the amounts listed below, 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.
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.
The City's monthly contribution towards the Cafeteria Plan is
$1,524.00 (plus the minimum CalPERS participating employer
contribution as outlined in Government Code §22892.)
NBPMA MOU 2019-2022
At the request of either party, the parties shall meet and confer in
good faith to discuss possible changes to the medical benefit
program, contribution levels, or other elements of healthcare
services as a result of the Affordable Healthcare Act (ACA) or
changes in law, provided, however, that any changes to the MOU
only may occur by mutual agreement of the parties.
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.
Employees electing to opt out of medical coverage offered by the
City because they have provided proof of minimum essential
coverage ("MEC') through another source (other than coverage in
the individual market, whether or not obtained through Covered
California) will receive a maximum cafeteria allowance of $1,000.00
per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part
of the City's health plan offerings as agreed upon by the BIC.
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 BIC.
B. Additional Insurance/Programs
IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee
to reduce taxable income for payment of allowable expenses such
as child care and medical expenses. The City shall maintain a
"reimbursable account program" in accordance with the provisions of
Section 125 of the Internal Revenue Code, pursuant to which an
Association member may request that medical, child care and other
eligible expenses be paid or reimbursed by the City out of the
employee's account. The base salary of the employee will be
reduced by the amount designated by the employee for reimbursable
expenses.
NBPMA MOU 2019-2022
2
3
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.
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
$15,000/month
$15 (STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall pay one percent (19/6) of base salary as a post -tax
deduction for this benefit.
Employees shall not be required to exhaust accrued paid leaves prior
to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid leave
once the waiting period has been exhausted.
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.
NBPMA MOU 2019-2022
C. Employee Assistance Program
City shall provide an Employee Assistance Program ("EAP") through a
properly licensed provider. NBPMA members and their family members
may access the EAP at no cost subject to provider guidelines.
D. Retirement Benefits
1. Retirement Formula
The City contracts with the California Public Employees Retirement
System ("CaIPERS" or "PERS") to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated
reform, the City has implemented first, second and third tier
retirement benefits as follows:
Tier I ("Legacy"): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall
be 3%@50, calculated on the basis of the highest consecutive 12
month period.
Tier II ("Classic"): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January
1, 2013 and who are current members of the retirement system or a
reciprocal retirement system, as defined in Public Employees
Pension Reform Act (PEPRA), the retirement formula for safety
members shall be 3%@55, calculated on the basis of the highest
consecutive 36 month period.
Tier III ("PEPRA" ): For employees first hired by the City on or after
January 1, 2013, and who do not meet the Tier II criteria, the safety
retirement formula shall be 2.7%@57, calculated on the basis of the
highest consecutive 36 month period.
2. Other Contract Provisions
The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3
of the California Government Code and the highest year
benefit pursuant to California Government Code Section
20042.
b. The Level 4 1959 Survivors Benefits.
NBPMA MOU 2019-2022
C. The PERS pre -retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
3. Employee Contributions
Unit members shall contribute additional amounts toward the PERS
retirement benefit, to the extent permissible by law, as set forth below.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be calculated on base pay, special
pays, and other pays normally reported as pensionable compensation,
and will be made on a pre-tax basis through payroll deduction provided
under 414(h)(2).
Tiers I and II:
NBPMA Tier I and II members will contribute the full statutory member
contribution, equal to 9% of pensionable compensation, plus an
additional 5.6% of pensionable compensation toward retirement costs
as permitted under Government Code §20516(f), for a total contribution
of 14.6%.
Tier III:
In addition to the statutorily required 50% contribution of total normal
costs ("member contribution rate" which in FY18-19 is 10.5% of
pensionable compensation), Tier III members shall contribute 4.10% of
pensionable compensation toward retirement costs pursuant to
Government Code § 20516(f), for a total contribution of 14.6%.
If in future fiscal years the member contribution rate for employees in
Tier III shall become greater or less than 10.5%, the additional
contribution made by the employee under 20516(f) will be increased or
decreased accordingly so that the total employee contribution is the
same percentage contribution made by Tier I and II members, a total
contribution of 14.6%.
E. Retiree Medical Benefit
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
NBPMA MOU 2019-2022 - 18 -
structured differently for each of the categories. The categories are
as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2005,
whose age plus years of service as of January 1, 2005 was
less than 50 (46 for public safety employees).
C. Category 3 - Active employees hired prior to January 1, 2005,
whose age plus years of service was fifty (50) or greater (forty-
six (46) for public safety employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City
prior to January 1, 2005, and were participating in the previous
retiree medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retirement Health Savings Plan
(RHS) (formerly the Medical Expense Reimbursement Program Plan
MERP).
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expenses 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): one
percent (1 %) of Salary.
Part B contributions (employer contributions): Two Dollars and Fifty
Cents ($2.50) per month for each year of service plus year of age
(updated every January 1 st based on status as of December 31 st of
the prior year).
NBPMA MOU 2019-2022 _ g _
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.
The participation level should be specified as a percentage of the
leave balance on hand in each employee's leave bank at the time of
separation from the City.
For example, if the Association wishes to specify fifty percent (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 fifty percent (50%) of the amount that is
cashed out added to the RHS, on a pre-tax basis. The remaining
fifty percent (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 by
not contributing any Flex Leave. This may be changed, on a going
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. 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 and Compensatory Time are not eligible for Part C
contributions.
Nothing in this section restricts taking leave for time off purposes.
Part A contributions may be included in PERS compensation. Part
B and Part C contributions will not be included in PERS
compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility
for Part B contributions is set at five (5) years of vested City
employment. At that time, the City will credit the first five (5) years'
worth of Part B contributions into the Employee Account (interest
does not accrue during that period). Thereafter, contributions are
NBPMA MOU 2019-2022 -20-
made bi-weekly. Part C deposits, if any, will be made at the time of
employment separation.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account balance
is zero (0). This right is triggered upon separation. If an employee
leaves the City prior to five (5) years employment, only the Part A
contributions and Part C leave settlement contributions, if any, will
be in the RHS Employee Account. Such an employee will not be
entitled to any Part B contributions. The exception to this is a full-
time employee, participating in the program, who leaves the City due
to industrial disability during the first five (5) years of employment. In
such cases, the employee will receive exactly five (5) years' worth of
Part B contributions, using the employee's age and compensation at
the time of separation for calculation purposes. This amount will be
deposited into the employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained
in IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care
insurance, and miscellaneous medical expenses not covered by
insurance for the employee and his or her spouse and legal
dependents — again only as permitted by IRS Publication 502.
Qualification for dependency status will be determined by guidelines
in IRC 152. If used for these purposes, distributions from the RHS
accounts will not be taxable. Cash withdrawal for any other purpose
is prohibited. Under recent IRS Revenue Ruling 2005-24, any
balance remaining in the Employee Account after the death of the
employee and his or her spouse and/or other authorized dependents
(if any) must be forfeited. That particular RHS Employee Account
will be closed, and any remaining funds will become general assets
of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CalPERS participating
employer's contribution (i.e., the Ca1PERS statutory minimum
amount) 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 RHS
account.
NBPMA MOU 2019-2022
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates
to One Hundred Dollars ($100) per month for every month they
contributed to the previous "defined benefit" plan, to a maximum of
fifteen (15) years (one hundred eighty (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 (5) 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 (5) 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 Four Hundred Dollars ($400) per
month into each of their RHS accounts after they retire from the City,
to continue as long as the employee or spouse is still living.
Each employee will contribute a flat One Hundred Dollars ($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 Four Thousand Eight Hundred Dollars
($4,800) per year, accruing at the rate of Four Hundred Dollars
($400) 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 Seventy -Five Dollars ($75) per month for every
month they contributed to the previous plan prior to January 1, 2006,
up to a maximum of fifteen (15) years (one hundred eighty (180)
months). This contribution will be made to the RHS account at the
time of retirement, and only if the employee retires from the City. No
interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very
similar to the previous retiree medical program, except that
there is no cost share requirement, and the Four Hundred and
Fifty Dollar ($450) City contribution after retirement can be
NBPMA MOU 2019-2022 -22-
used for any IRS authorized purpose, not just City insurance
premiums.
An RHS account has been and will be opened for each retiree in this
category, and the City will contribute Four Hundred and Fifty Dollars
($450) per month to each account as long as the retiree or spouse
remains living. For each retiree in this category, the NBPMA shall
reimburse the City $25 per month. Each quarter the City will provide
an invoice to the NBPMA for each retiree for the previous three
months for seventy-five dollars ($75.00).
3. Administration
Vendors have been selected by the City to administer the program.
The contract expense for program -wide administration by the vendor
will be paid by the City. However, specific vendor charges for
individual account transactions that vary according to the investment
actions taken by each employee, such as fees or commissions for
trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options
that will be available through the plan.
F. Deferred Compensation
Each employee shall have a deferred compensation account set up by the City
and subject to the rules of IRS Code section 457 to which s/he may make
contributions. The City shall contribute to each employee's deferred compensation
account each pay period as follows.-
Effective
ollows.
Effective March 30, 2019, the City shall contribute one percent (1 %) of base
salary to each employee's deferred compensation account.
2. Effective the first day of the pay period which includes April 1, 2020, the City
shall contribute an additional one half of one percent (591o) for a total of one
and one half percent (1.5%) of base salary to each employee's deferred
compensation account.
3. Effective the first day of the pay period which includes April 1, 2021 and
each year thereafter in the pay period which includes April 1, the City shall
contribute an additional one half of one percent (5%) for a total of two
percent (2%) of base salary to each employee's deferred compensation
account.
NBPMA MOU 2019-2022 -23-
Under federal law, there is an annual maximum contribution which may be made
to an employee's IRS Code section 457 account. Although the City will be making
contributions to employees' accounts each pay period, it is the employees'
responsibility to track their total contribution amount. If an employee's account
contributions reach the annual 457 maximum, the City will stop making
contributions for the remainder of the calendar year and will not owe the employee
any additional compensation related to this section.
G. 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. The maximum tuition reimbursement for
all employees in the Unit shall be One Thousand Four Hundred Dollars
($1,400) per fiscal year.
SECTION 5. — Miscellaneous Provisions
A. Reductions in Force/Lavoffs
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
services, a reduction in the demand for service or other reasons unrelated to the
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.
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 regular status in their current
Classification or any Classification within the Series, subject to the
following:
Credit shall be given only for continuous service (as described
in the next paragraph) subsequent to the most recent
appointment to regular status in the Classification or Series;
NBPMA MOU 2019-2022 -24-
3
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. In this bargaining unit, there is one "Series" made up of the two
classifications represented by the Association — Police Sergeant,
and Police Lieutenant.
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.
Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Employees within a Classification shall be laid off in inverse order of
seniority;
b. An employee subject to layoff in one (1) Classification shall have the
right to Bump a less senior employee in a lower ranking Classification
within the Series within the bargaining unit. 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.
C. In the event two (2) 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 (1)
of the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
Notice
Employees subject to layoff shall be given at least thirty (30) days advance
notice of the layoff or thirty (30) days' pay in lieu of notice. In addition,
NBPMA MOU 2019-2022 -25-
employees laid off will be paid for all accumulated paid leave and holiday
leave (if any).
4. Re—Employment
Regular 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 Human Resources
Director.
5. Severance Pav
Regular employees who are laid off shall, as of the date of layoff, receive
one (1) week severance pay for each year of continuous service with the
City of Newport Beach, but in no case to exceed ten (10) weeks of
severance compensation.
B. Schedule
Nothing contained herein is intended to abridge management's right to schedule
work to meet the Police Department's needs of providing services in an efficient
and safe manner. Management recognizes its obligations to meet and confer
before making any substantive changes to work schedules that impact an
employee's conditions of employment.
Employees currently work either the 3/11.42 or 4/10 work schedules. The
Chief of Police shall have the right to alter the work schedule of any NBPMA
member assigned to any multi—agency or regional task force.
If the City wants to utilize a work schedule other than the 4/10 or 3/11.42 for
this unit, it will notify the NBPMA and the parties shall promptly meet and
confer, in good faith, regarding the appropriate work schedule(s) for NBPMA
members.
NBPMA MOU 2019-2022 -26-
2. The employees in the unit are subject to the twenty-eight (28) day FLSA
work period pursuant to Section 29 U.S.C. 207(k) (7k Exemption"),
provided, however, the 7k Exemption shall not affect the City's obligation to
pay overtime pursuant to provisions of this MOU.
3. Patrol Supervisor Pre -Briefing Time: 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:
a. All Patrol Supervisors are required to report to work fifteen (15)
minutes early to prepare for briefing;
b. The fifteen (15) minutes per shift which is paid to prepare for briefing
will be paid as compensatory time off and credited to each
employee's compensatory time off bank. The pre -briefing time
worked shall be considered as hours worked for purposes of
calculating FLSA overtime for Police Sergeants. For Police
Lieutenants it is also considered hours worked.
C. Grievance Procedure
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. An employee may be self—represented or represented by one (1)
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
NBPMA MOU 2019-2022 -27-
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
a. Steps
Step 1 — An employee who files a grievance shall present it in writing to an
Assistant Chief of Police within ten (10) working days after the employee
knew, or in the exercise of reasonable diligence should have known, the act
or events upon which the grievance is based. 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
Assistant Chief of Police will confer with the Human Resources Director
regarding the grievance. The Assistant Chief of Police shall meet with the
employee and any representative in an effort to resolve the grievance. The
Assistant Chief of Police shall provide the employee with a written decision
on the appeal within fifteen (15) calendar days after the meeting. Upon
receipt of a decision from an Assistant Chief of Police Any employee not
satisfied with the decision of his or her immediate supervisor may proceed
to Step 2.
Step 2 — Appeal to Chief of Police. Any employee dissatisfied with the decision of
an Assistant Chief of Police may proceed to Step 2 by submitting a written
appeal to the Chief'of Police. The written appeal must be filed with the Chief
of Police within seven (7) calendar days following receipt of the Assistant
Chief of Police's decision. The written appeal must contain a complete
statement of the matters at issue, the facts upon which a grievance is
based, and the remedy requested by the employee. The Chief of Police
shall meet with the employee and any representative in an effort to resolve
the grievance. The meeting shall be informal and the discussion should
focus on the issues raised by the grievance. The meeting shall be
scheduled no more than fifteen (15) calendar days following receipt of the
appeal unless deferred by the consent of both parties. The Chief of Police
shall provide the employee with a written decision on the appeal within
fifteen (15) calendar days after the meeting.
Step 3 — 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 3 by
NBPMA MOU 2019-2022 -28-
submitting a written appeal of the decision to the City Manager. The written
appeal must be filed within seven (7) calendar days following receipt of the
Police Chiefs decision. The written appeal shall contain a complete
statement of the matters at issue, the facts upon which the grievance is
based, the decisions of the supervising captain and Chief of Police, and the
remedy requested by the employee. The City Manager shall meet with the
employee and his or her representative in an effort to resolve the grievance
and to receive any additional information the employee or department may
have relative to the matter. The meeting shall be scheduled no more than
fifteen (15) calendar days following receipt of the appeal unless deferred by
the consent of both parties. The City Manager shall provide the employee
with a written decision within fifteen (15) calendar days after the meeting.
The decision of the City Manager shall be final.
The City and the grievant may agree to extend any of the timelines in the
grievance procedure. Absent a mutual agreement between the City and the
grievant to extend the timelines, if the City representative does not respond
within the time lines set forth for a response at Steps 1 and 2 of the above
grievance procedure, the grievant can move the grievance to the next step.
4. General Grievance
A grievance affecting more than one (1) NBPMA member may be filed by
NBPMA on behalf of the affected employees with the Chief of Police. The
Association must present the grievance to the Chief of Police within ten (10)
working days after an Association Board member knew, or in the exercise
of reasonable diligence should have known, the act or events upon which
the grievance is based. This provision is the sole and exclusive method by
which the Association may challenge a provision of this MOU. The
grievance shall contain a complete statement of the matters at issue, the
facts upon which the grievance is based, and the remedy requested by
NBPMA. The Chief of Police shall meet with NBPMA representatives within
fifteen (15) calendar days following receipt of the grievance and provide a
written decision on the grievance within fifteen (15) calendar days after the
meeting. In the event 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 3 of the procedure applicable to individual employees set
forth above.
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) calendar days after receipt of the decision.
D. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
NBPMA MOU 2019-2022 -29-
E. Contract Negotiations
The parties agree that either side requests to meet and confer in good faith for a
successor MOU within 120 days of the expiration of the MOU, the parties agree to
begin the negotiations with the mutual objective of reaching an agreement prior to
the expiration of the term of the MOU.
Signatures are on the next page.
NBPMA MOU 2019-2022 -30-
ATTEST:
By:
Executed this day of , 2019:
Leilani Brown
City Clerk
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
By: ' Le
Eric Little, President
CITY OF NEWPORT BEACH
In
Diane Dixon, Mayor
CITY OF NEWPORT BEACH
APPROVE AS TO FORM:
By: - 4
.�--R
Peter Brown, Special Counsel
Attachments: Exhibit "A" NBPMA Pay Rates
NBPMA MOU 2019-2022 -31 -
EXHIBIT A
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
Represented Positions and Pay Rate Adjustments
MOU TERM: MARCH 30, 2019 - JUNE 30, 2022
Represented Classification
Hourly Pay Rate 1
Monthly Pay Rate
Minimum
Maximum
Minimum
Maximum
Effective March 30, 2019 (2.0% Adjustment)
Police Sergeant
$48.14
$67.73
$8,344
$11,739
Police Lieutenant
$56.58
$79.62
$9,807
$13,800
Effective March 28, 2020 (2.0% Adjustment)
Police Sergeant
$49.10
$69.08
$8,511
$11,974
Police Lieutenant
$57.71
$81.21
$10,003
$14,076
Effective March 27, 2021 (2.0% Adjustment)
Police Sergeant
$50.08
$70.46
$8,681
$12,213
Police Lieutenant
$58.87
$82.83
$10,203
$14,358
Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to the nearest whole dollar.
NBPMA MOU 2019-2022 -32-
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-10 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 12th day of February, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Brad Avery, Council Member Jeff Herdman, Council Member
Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon
NAYS: None
ABSTAINED: Council Member Joy Brenner
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 131h day of February, 2019.
n:/ , Pl/)
Leilani I. Brown
City Clerk
Newport Beach, California