HomeMy WebLinkAbout2021-129 - Adopting a Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Police Association and Amending the Salary ScheduleRESOLUTION NO. 2021-129
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 ASSOCIATION AND AMENDING THE
SALARY SCHEDULE
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 authority contained in the Meyers-Milias-Brown Act, Government
Code 3500, et seq.;
WHEREAS, the City of Newport Beach ("City") promotes effective communication
and collaborative working relationships with its employee associations to foster improved
relations while balancing good management practices;
WHEREAS, the City previously entered into a Memorandum of Understanding
("MOU") with the Newport Beach Police Association ("NBPA"), a recognized employee
organization, for the term of April 1, 2018 through June 30, 2021;
WHEREAS, representatives from the City and NBPA met and conferred in good
faith and reached a tentative agreement on wages, benefits and other terms and
conditions of employment, which are memorialized in the Memorandum of Understanding
between the City and NBPA ("Memorandum of Understanding") attached hereto as
Exhibit A and incorporated herein by this reference;
WHEREAS, the NBPA has ratified the Memorandum of Understanding;
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;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedule for NBPA unit members so as to be in conformance with the
Memorandum of Understanding;
Resolution No. 2021-129
Page 2 of 3
WHEREAS, the City Manager has reviewed the changes to the salary schedule
for NBPA unit members provided in this resolution and recommends approval;
WHEREAS, the City Council received and considered the MOU at its regular
meeting on November 30, 2021; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2018-2021 memorandum of understanding between the City and the NBPA by
adopting the Memorandum of Understanding attached hereto as Exhibit A to serve as the
successor agreement between the City and the NBPA for the period July 1, 2021 through
November 30, 2025.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: Wages, hours, fringe benefits, and other terms and conditions of
employment for employees represented by the NBPA shall be provided in accordance
with the provisions of the Memorandum of Understanding attached hereto as Exhibit A,
which shall serve as the successor agreement between the City and the NBPA for the
period July 1, 2021 through November 30, 2025.
Section 2: The City's salary schedule shall be modified so as to be consistent
with this resolution. Any resolution, or part thereof, in conflict with this resolution shall be
of no effect.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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.
Resolution No. 2021-129
Page 3 of 3
Section 5: 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTFn this 1Ath riav of naramhar 7(171
City Attorney
Exhibit A - Memorandum of Understanding
l
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH POLICE ASSOCIATION
July 1, 2021 through November 30, 2025
7-8
TABLE OF CONTENTS
PREAMBLE
SECTION 1 - GENERAL PROVISIONS
Paqe
1
A.
Recognition 1
B.
Term 1
C.
Release Time 2
D.
Scope 4
E.
Conclusiveness 5
F.
Modifications 5
G.
Bulletin Boards 5
H.
No Strike 5
I.
Savings 6
J.
Impasse 6
SECTION 2 —COMPENSATION
A.
Salary Adjustments
6
B.
Salary Schedule for the Classification of Police Officer
7
C.
Advanced POST Certification for Police Officers
7
D.
Dispatch/Record Skills Incentive Pay
7
E.
Longevity Pay for Full -Time Non -Sworn Employees
8
F.
Meal Period/Code Seven Time
9
G.
Overtime
9
H.
Overtime Compensation - Court
10
I.
Education Retention Incentive Program - Non -Sworn
11
J.
Scholastic Achievement Pay - Sworn
12
K.
Non -Sworn Personnel Shift Differential
13
L.
Training Pay
13
M.
Motor Officer Pay
14
N.
Canine Officer Pay
15
O.
Matron Pay
15
P.
Minimum Call Back
16
Q.
Bilingual Pay
16
R.
Certification Pay
16
S.
Uniform Allowance
17
7-9
SECTION 3 —LEAVES
A. Flex Leave 17
B. Holiday In Lieu 19
C. Bereavement Leave 20
D. Leave Sellback 20
E. Workers' Compensation Leave 21
F. Scheduling of Medical Treatment for Industrial Injuries 21
G. Non -Accruing Leave Bank 22
SECTION 4 —FRINGE BENEFITS
A.
Insurance
22
B.
Additional I nsu rance/Prog rams
25
C.
Employee Assistance Program
26
D.
The Retirement Benefit
26
E.
Retiree Medical Benefit
29
F.
Contribution to PORAC Retiree Medical Trust (RMT)
34
G.
Deferred Compensation
35
H.
Tuition Reimbursement
35
I.
Physical Conditioning Equipment
35
J.
Physical Fitness Qualifier
35
SECTION 5 - MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
36
B. Work Schedules
38
C. Seniority
39
D. Grievance Procedure
40
E. Pre -Hearing Briefs
43
F. Use of Tobacco Products
43
G. Direct Deposit
43
H. Contract Negotiations
43
I. Recoupment of Overpayments
43
J. Funeral Expenses
44
SIGNATURES
45
EXHIBIT A — Represented Job Classifications
46
EXHIBIT B — Salary Schedules
47
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NBPA MOU 2021-2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH POLICE ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
PREAMBLE
The Newport Beach Police Association ("NBPA" or "Association"), a recognized
employee organization, and the City of Newport Beach ("City"), a municipal
corporation and charter city, have been meeting and conferring, in good faith, with
respect to wages, hours, fringe benefits and other terms and conditions of
employment.
2. This MOU, upon approval by NBPA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters set forth herein.
SECTION 1. —General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport
Beach, the Meyers-Milias-Brown Act of the State of California and the
provisions of the Employer -Employee Relations Resolution No. 2001-50,
the City acknowledges that NBPA is the majority representative for the
purpose of meeting and conferring regarding wages, hours and other terms
and conditions of employment for all employees in those classifications
specified in Exhibit "A" or as appropriately modified in accordance with the
Employer -Employee Relations Resolution. All other classifications and
positions not specifically included within Exhibit "A" are excluded from
representation by NBPA.
B. Term
Except as specifically provided otherwise, any ordinance, resolution
or action of the City Council necessary to implement this MOU shall
be considered effective as of July 1, 2021. This MOU shall remain
in full force and effect through November 30, 2025, and the
provisions of this MOU shall continue after the date of expiration of
this MOU in the event the parties are meeting and conferring on a
successor MOU.
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NBPA MOU 2021-2025
2. The provisions of this MOU shall prevail over conflicting provisions
of the Newport Beach City Charter, the ordinances, resolutions and
policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived
by any collective bargaining agreement, or are, pursuant to
decisional or statutory law, superseded by the provisions of an
agreement similar to this MOU.
C. Release Time
1. NBPA members (as described in paragraph 2 below) shall be
allowed to participate in the following activities during scheduled
working hours without loss of pay ("Release Time"):
a. attendance at off-site meetings, conferences, seminars or
workshops related to matters within the scope of
representation. Employees must use the hours described in
C2(a) below for these purposes;
b. to prepare for scheduled meetings between the City and
NBPA during the meet and confer process.
to travel to, and attend scheduled meetings between
the City and NBPA during the meet and confer process.
ii. to travel to and attend scheduled grievance and
disciplinary hearings.
iii. to meet, for up to one hour, with their representative
prior to a hearing described in subsection C.1.c.ii
above.
2. NBPA shall designate certain members as those members entitled
to release time. Designates must give reasonable advance notice
to, and obtain permission from, their supervisor prior to use of
release time, or, prior to adjusting work hours. Requests for release
time shall be granted by the supervisor unless there are specific
circumstances that require the designate to remain on duty.
Designates shall, to the maximum extent feasible, receive shift
assignments compatible with participation in the meet and confer
process.
a. The NBPA President shall be entitled to a maximum of 250
hours per calendar year for appropriate association related
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NBPA MOU 2021-2025
business, excluding time required for the meet and confer
process. The NBPA President shall, at his/her discretion,
allocate Release Time to NBPA Board members or other
designates, to a maximum of 150 hours per year per
individual. In the event the 250 hours for the President or 150
hours for other NBPA designates are insufficient, the
President may submit a request to the Police Chief, with
justification, that additional hours be granted. In no event shall
the Association be granted more than a total of 500 hours per
year for all designates.
b. Any NBPA negotiating team member may request and shall
(subject to the approval process above) be granted flex work
hours on any scheduled work day during which the
negotiating team member is to attend a meet and confer
session. Employees may flex start/finish time up to two (2)
hours.
3. City grants NBPA members the right to engage in the activities
described in subsection 1(c)(i) at any time without any reduction to
City—provided Release Time or to any Release Time bank created
pursuant to subsection C.5.
4. City Grants NBPA 500 hours of Release Time per calendar year to
engage in the activities described in subsection C.1.a and 1.b. (City—
provided Release Time.) NBPA may carry over up to 300 hours of
City—provided Release Time into the ensuing calendar year.
5. In addition to City—provided Release Time and Release Time
provided pursuant to subsection C.3, NBPA members may
voluntarily contribute up to two hours of earned compensatory time
off ("CTO") to an NBPA Release Time Bank. Members may
contribute earned CTO only during the period from July 1 through
August 15 during any calendar year. However, members shall not
have the right to contribute CTO to the NBPA Release Time bank if
NBPA has accumulated more than 600 hours of total Release Time.
Contributions may be made only in hourly increments. Contributions
shall be on forms prepared by the City which shall then be submitted
to the appropriate department employee. City shall advise NBPA as
to the balance of hours in the Release Time Bank upon request. For
purposes of this subparagraph only, the term "compensatory time off
or CTO" includes accrued Flex leave.
6. There is no entitlement to release time for any matter not set forth
above.
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D. Scope
NBPA MOU 2021-2025
All present written rules and current established practices and
employees' rights, privileges and benefits that are within the scope
of representation shall remain in full force and effect during the term
of this MOU unless specifically amended by the provisions of this
MOU.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non—exclusive managerial rights, powers, functions
and authorities ("Management Rights") as set forth in Resolution No.
2001-50. Management Rights include, but are not limited to, the
following.
a. the determination of the purposes and functions of the Police
Department;
b. the establishment of standards of service;
C. to assign work to employees as deemed appropriate;
d. the direction and supervision of its employees;
e. the discipline of employees;
the power to relieve employees from duty for lack of work or
other legitimate reasons;
g. to maintain the efficiency of operations;
h. to determine the methods, means and personnel by which
Police Department operations are to be conducted;
the right to take all necessary actions to fulfill the
Department's responsibilities in the event of an emergency;
the exercise of complete control and discretion over the
manner of organization, and the appropriate technology, best
suited to the performance of departmental functions.
The practical consequences of a Management Rights decision on
wages, hours, and other terms and conditions of employment shall
be subject to the grievance procedures.
C
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NBPA MOU 2021-2025
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the term of this MOU, neither party shall
be compelled, and each party expressly waives its rights to request the
other to meet and confer concerning any issue relating primarily to matters
within the scope of representation, except as expressly provided herein or
by mutual agreement of the parties. No representative of either party has
the authority to make, and none of the parties shall be bound by, any
statement, representation or agreement which is not embodied in this MOU.
Subject to the paragraph above, this section shall not be construed to
prevent the Newport Beach Police Department from giving notice to the
Association and affording the Association the opportunity to meet and
confer on the impact of policy changes or the exercise of management
rights. However, the terms of this MOU may not be modified through the
impact negotiations process; except by mutual agreement.
F. Modifications
Any agreement, alteration, understanding, variation, or waiver or
modification of any of the terms or provisions of this MOU shall not be
binding upon the parties unless contained in a written document executed
by authorized representatives of the parties.
G. Bulletin Boards
Space shall be provided on bulletin boards within the Police Department at
their present location for the posting of notices and bulletins relating to
NBPA business, meetings, or events. All materials posted on bulletins
boards by the NBPA shall indicate that the NBPA posted it. Material posted
shall not contain personal attacks on any City official or employee, any
material which constitutes harassment, discrimination or retaliation on the
basis of any protected class under the law or other statutorily or
constitutionally impermissible basis, or any pornographic or obscene
material.
H. No Strike
The parties recognize their mutual responsibility to provide the citizens of
Newport Beach with uninterrupted municipal services and, therefore, the
parties agree not to conduct concerted strike, work slowdown, sick out,
withholding of services, or lockout activities.
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NEPA MOU 2021-2025
Savings
If any provision of this MOU shall be held invalid by any court of competent
jurisdiction, or if compliance with or enforcement of any provision shall be
restrained by court action, or other established governmental administrative
tribunal, the remainder of this MOU shall not be affected, and the parties
shall replace such invalidated provision with another of similar or equal
value through the negotiations process.
Impasse
In the event of an impasse (the failure to agree on a new MOU after the
express term of the existing MOU has expired), the parties may agree on
mediation pursuant to the procedure outlined in Section 16 of Resolution
No. 2001-50.
SECTION 2. —Compensation
A. Salary Adjustments
1. Effective the first day of the pay period following July 1, 2021, there shall be
a base salary increase of two percent (2.0%) for all classifications in the
bargaining unit. Individuals must be employed by the City on the first day of
the pay period following City Council adoption to qualify for retroactive
payment of the COLA.
2. Effective the first day of the pay period following July 1, 2022, there shall be
a base salary increase of two percent (2.0%) for all classifications in the
bargaining unit.
3. Effective the first day of the pay period following July 1, 2023, there shall be
a base salary increase of two percent (2.0%) for all classifications in the
bargaining unit.
4. Effective the first day of the pay period following July 1, 2024, there shall be
a base salary increase of two percent (2.0%) for all classifications in the
bargaining unit.
5. Lump Sum Bonus (FY 2021-22). All Bargaining Unit Employees in paid
status for the entirety of the first full pay period following the adoption of the
MOU by the City Council in Fiscal Year 2021-22 will receive a signing bonus
of $2, 000. The Parties intend and understand that this lump sum payment
is non -pensionable and will not be reported to CaIPERS. The parties also
agree that this payment is intended to be specific to the pay period in which
it is paid and is to be considered part of the regular rate for this pay period
only.
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NBPA MO U 2021-2025
B. Salary Schedule for the Classification of Police Officer
Effective July 7, 2018, the salary schedule for the classification of Police
Officer will be expanded from nine (9) steps to eleven (11) steps and the
following will be implemented:
1. All employees who were previously identified as a Master Officer
IV will be placed at Step 11 of the salary schedule.
2. All employees who were previously identified as a Master Officer
III will be placed at Step 10 of the salary schedule.
3. Step 7 of the salary schedule will be ten percent (10%) higher
than step 6.
4. All steps above and below step 7 (Steps 1 through 6 and 8
through 11) will be five percent (5%) higher than the previous
step.
5. Employees are eligible to move between steps 2 and 9 annually.
6. Employees are eligible to move from step 9 to 10 after being at
step 9 with the City of Newport Beach for three (3) years.
7. Employees are eligible to move from step 10 to 11 after being at
step 10 with the City of Newport Beach for five (5) years.
C. Advanced POST Certification for Police Officers
Police Officers shall receive five and one quarter percent (5.25%) of base
salary paid in each pay period upon earning an Advanced POST Certificate.
When an employee qualifies for and has applied for an Advanced POST
Certificate for the first time, the employee shall provide the City's Human
Resources Department with proof of an Advanced POST Certification
application submittal. Employee will then be eligible for this pay on the first
day of the next pay period.
If POST correctly denies the application for the Certification the employee
will be responsible for reimbursing the City for any payments previously
received (over the same period the payments were made).
The parties agree that to the extent permitted by law, the education pay in
this section is special compensation and shall be reported to CalPERS as
such pursuant to Title 2 CCR, Section 571(a)(2) Peace Officer Standards
and Training (POST) Certificate Pay.
D. Dispatch/Records Skills Incentive Pay
Effective in the pay period including April 1, 2018, Full time non -sworn
employees who are consistently and routinely assigned to the Police
Communications or Police Records Divisions shall receive two percent
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NBPA MOU 2021-2025
(2.0%) of base salary (paid in each pay period) upon receipt of one or more
of the following certifications: POST Public Safety Dispatcher Advanced,
POST Public Safety Dispatcher Supervisory or POST Records Supervisor.
Unit members who possess more than one of these certifications shall only
be paid for one of them. As such, the maximum an employee can be paid
under this section is two percent (2%).
When an employee receives one of these certificates for the first time after
the first day of the pay period following City Council approval of this MOU,
he/she shall provide the City with a copy of the certificate and will then be
eligible for this pay on the first day of the pay period following the provision
of the certificate by the employee to the Human Resources Department.
The parties agree that to the extent permitted by law, the assignment pay
in this section is special compensation and shall be reported to CalPERS
as such pursuant to Title 2 CCR, Section 571 Police Records Assignment.
E. Longevity Pay for Full Time Non -Sworn Employees
Full-time, non -sworn employees in the unit (all classifications in the unit
except Police Officer) shall receive longevity pay as follows:
For Employees Hired as Full -Time Employees prior to June 26, 2018:
8-11 years of City of Newport Beach Service 2.0%
12-14 years of City of Newport Beach Service 2.5%
15-24 years of City of Newport Beach Service 3.0%
25 years or more of City of Newport Beach Service 3.5%
2. For Employees Hired as Full -Time Employees on or After June 26,
2018:
15-19 years of City of Newport Beach Service 1.0%
20-24 years of City of Newport Beach Service 1.5%
25-29 years of City of Newport Beach Service 2.0%
30 years or more of City of Newport Beach Service 2.5%
The years of service provisions in this section are for years of full-time
service. Part-time service does not count toward the years of service
provisions.
The parties agree that to the extent permitted by law, the longevity pay in
this section is special compensation and shall be reported to CalPERS as
such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay.
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NBPA MOU 2021-2025
F. Meal Period/Code Seven Time
Employees in the Unit receive a paid meal period (aka "Code Seven" time).
By being paid for a meal period, each employee in the unit must be available
to respond to any work-related request, emergency or call for service during
his/her meal period.
G. Overtime
1. Employees shall be entitled to overtime compensation at the rate of time
and one half the regular rate of pay for hours worked in excess of their
regularly scheduled shift. Paid time off shall be considered time worked
for overtime calculation purposes.
2. The rate at which MOU overtime (overtime described above that is not
mandated by the FLSA) does not include any contributions to the City's
Cafeteria Plan as set forth in Section 4 — Fringe Benefits of the MOU.
Employees in the unit must affirmatively account for their time by specifically
accounting for each days' work with the specific number of hours worked,
including the use of appropriate payroll codes for leave, overtime and other
purposes.
3. Overtime compensation shall be in the form of compensatory time off or
pay at the election of the employee. Maximum compensatory time
accrual shall be 120 hours. All overtime worked for employees at the
CTO maximum shall be paid.
a. If the IRS or a court of competent jurisdiction provides guidance
concerning recognition of constructive receipt based on the
earning of CTO, this MOU will reopen on the issue of CTO and the
parties will meet and confer over elimination of constructive
receipt. The parties understand that, if the IRS determines there
is additional tax liability, that liability will be the responsibility of the
individual taxpayers (employees).
b. Effective the first full pay period following City Council adoption in
FY 2021-22, CTO will be maintained in two banks (one for FLSA
Overtime and one for MOU Overtime). When paid out, CTO
earned on MOU overtime will be paid out at the MOU overtime
rate and CTO earned on FLSA overtime will be paid out at the
regular rate.
4. An employee wishing to use his/her accrued compensatory time off
shall provide the City with reasonable notice. Reasonable notice is
defined as at least two (2) weeks. If reasonable notice is provided, the
employee's request may not be denied unless it is unduly disruptive to
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NEPA MOU 2021-2025
the department to grant the request. A request to use compensatory
time off without reasonable notice may still be granted within the
discretion of the supervisor or manager responsible for considering the
request.
5. The Police Department has the discretion to schedule any of its
employees to work a regular work day on July 4th, regardless of the
day of the week or job assignment. This may include modifying work
schedules and/or days off according to deployment needs. Unit
employees who actually work July 4th will be compensated at their
regular hourly rate, plus premium pay equal to 1/2 of the hours actually
worked on that day. Employees will be provided their regular number
of days off for the month of July (unless otherwise scheduled on an
overtime basis), which will be selected/assigned according to the
normal practices of their particular work unit. Should the employees
work an additional shift in subsequent leap years, compensation shall
be paid at the appropriate rate of overtime pay.
6. The City and NBPA jointly petitioned the NLRB and were granted a 7(b)
exemption of the Fair Labor Standards Act to allow for use of the
overtime standards as set forth in this section. The exemption allows
continued use of the Department's alternative/semi-flexible schedule.
The 7(b) exemption applies to those classifications in the unit who do
not qualify under Section 7(k) of the FLSA.
7. The Section 7(k) partial overtime exemption: Effective upon City
Council approval of this MOU, all employees in the unit engaged in law
enforcement activities — Police Officer, Police Recruit and Custody
Officer are subject to the 28 -day FLSA work period provided for
pursuant to Section 7(k) of the Fair Labor Standards Act.
H. Overtime Compensation - Court
Compensation - Employees shall receive either compensatory time
(subject to the maximum accrual of 120 hours addressed in subsection
G above) or paid time at their discretion.
2. On -Call - Off-duty employees on call for court who have not been
cancelled prior to the scheduled standby time shall, whether extended
or not, be compensated at a rate equal to the actual standby time, with
a minimum of one (1) hour paid at time and one-half the employee's
MOU overtime rate of pay.
3. Appearance - Off-duty employees who are required to appear in court
shall be compensated for the actual time involved with a minimum of
four (4) hours pa id at time and one-half the employee's regular rate of
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pay. This minimum four (4) hour payment assumes that the time the
employee who is required to appear in court is outside his/her regular
work hours. If the time the employee is in court overlaps any part of the
employee's regular work hours, the employee will receive his/her
regular pay plus any additional overtime compensation (at time and one
half) for hours which fell outside regular work hours. Employees
appearing in court after being on call the same day shall be
compensated from the time listed on the subpoena until released by the
court.
Compensation for hours worked begins when the employee starts
driving to court. However, when the employee is called on the same
day and directed to leave the work location to travel to court,
compensation for hours worked begins when the employee receives
the call. Compensation for hours worked ends when the employee has
completed the time in court.
4. Cancellation — Off-duty employees whose court appearance is
cancelled with less than 12 hours' notice shall receive a payment for
one hour at the employee's MOU Overtime rate of pay.
Education Retention Incentive Program — Non Sworn
The City has instituted the Education Retention Incentive Program to
incentivize non -sworn employees to pursue furthering their education.
Employees shall be eligible for education payment beyond the minimum
qualifications of their current position as follows:
1. For Members hired as a full-time, non -sworn employee in the Bargaining
U nit prior to June 26,2018.-
30+
6,2018:
30+ units of college credit 0.5%
associate degree or 60+ units of college credit 1.5%
bachelor's degree 2.0%
master's degree, Juris Doctor or Doctor of Philosophy 2.5%
2. For Members hired or rehired as a full-time, non -sworn employee in the
Bargaining Unit on or after June 26, 2018.-
associate
018.
associate degree or 60+ units of college credit 0.5%
bachelor's degree 1.5%
master's degree, Juris Doctor or Doctor of Philosophy 2.5%
Amounts above are not cumulative. For example, if an employee with a
bachelor's degree is receiving two percent (2%) and then earns a master's
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degree, the employee shall earn a total of two and one half percent (2.5%),
not an additional two percent (2.0%) for the bachelor's degree. Non -sworn
NBPA members may apply for increases pursuant to this Section when
eligible. The pay shall be included in the member's paycheck for the pay
period immediately after approval by the Chief of Police. It is the
responsibility of the employee to apply for incentive pay per this program.
Approval of the member's application shall not be unreasonably withheld or
delayed, and the member shall not be entitled to receive the pay prior to the
date the application is approved, even though the member may have been
eligible prior to approval.
The parties agree that to the extent permitted by law, the education pay in
this section is special compensation and shall be reported to CalPERS as
such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay.
J. Scholastic Achievement Pay - Sworn
Sworn NBPA members are entitled to additional compensation contingent
upon scholastic achievement ("Scholastic Achievement Pay"). Sworn
NBPA members may apply for increases pursuant to this Section when
eligible and scholastic achievement pay shall be included in the member's
paycheck for the pay period immediately after approval by the Chief of
Police. It is the responsibility of the NBPA member to apply for Scholastic
Achievement Pay. Approval of the member's application shall not be
unreasonably withheld or delayed, and the member shall not be entitled to
receive scholastic achievement pay prior to the date the application is
approved, even though the member may have been eligible prior to
approval. Scholastic achievement pay is contingent upon the number of
units and/or degrees received by the employee.
For persons hired on or after June 26, 2012 a "degree" shall be defined as
a degree awarded by an institution accredited by the State of California, the
United States Department of Education, the Council for Higher Education,
or the Distance Education Training Council. Eligibility to receive
compensation shall be conditioned upon a determination by the appointing
authority that the major in which a degree is earned and/or a substantial
number of earned units which will qualify the individual for a degree, are in
a field or protocol reasonably likely to enhance the employee's job
performance.
The Plan consists of levels which reflect multipliers of the base monthly
salary. Qualifying units and/or degrees must be awarded by accredited
community colleges, state colleges or universities. Amounts are not
cumulative. The following is a schedule of monthly payments pursuant to
the Scholastic Achievement Program:
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For employees hired as a full time sworn employee before July 1, 2012
scholastic achievement pay is:
30 Units
60 Units
90 Units
BA/BS
MA/MS/JD
1%
2%
3%
5.5%
7.5%
Any unit members hired on and after July 1, 2012 shall be ineligible for any
scholastic pay based upon having obtained units only. Such employees are
eligible for Scholastic Achievement Pay as follows:
BA/BS MA/MS/JD
5.5% 7.5%
If an employee with a bachelor's degree who is receiving five and one half
percent (5.5%) earns a master's degree or Juris Doctorate, said employee
shall earn a total of seven and one half percent (7.5%), not an additional
five and one half percent (5.5%) for the bachelor's degree.
The parties agree that to the extent permitted by law, the Scholastic
Achievement pay in this section is special compensation and shall be
reported to CalPERS as such pursuant to Title 2 CCR Section 571(a)(2)
Educational Incentive Pay.
Non -sworn Personnel Shift Differential
The night shift differential pay for non -sworn personnel shall be $1.50 per
hour between the hours of 6 p.m. and 6 a.m.
The parties agree that to the extent permitted by law, the shift differential
pay in this section is special compensation and shall be reported to
CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Shift
Differential Pay.
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
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1.5 straight time hours (i.e., base pay) per shift. If an employee works for
less than a shift as an FTO, he/she will receive a pro -rated amount (of 1.5
straight time hours) for the hours worked as an FTO.
The compensation provided under this section is paid to employees who
are routinely and consistently assigned to train employees The parties
agree that to the extent permitted by law, the Training Pay in this section is
special compensation and shall be reported to CalPERS as such pursuant
to Title 2 CCR, Section 571(a)(4) Training Premium.
M. Motor Officer Pay
1. On -Duty Pay for Motor Officers:
Employees assigned as Motor Officers who routinely and consistently patrol
the City on a motorcycle shall receive six hours of straight time
compensation paid at time and one half (1.5) per month for the on -duty
responsibilities of being assigned as a Motor Officer. The parties agree that
to the extent permitted by law, this Motor Officer pay is special
compensation and shall be reported to CalPERS as such pursuant to Title
2 CCR, Section 571(a)(4) Motorcycle Patrol Premium.
2. Off-duty Pay for Motor Officers:
Employees assigned to work as Motor Officers who maintain and service
their motorcycle off-duty are entitled to compensation for such off-duty
activities. The parties acknowledge that the Fair Labor Standards Act
(FLSA), which governs the entitlement to compensation for off-duty
motorcycle duties, entitles the parties to agree to a reasonable number of
hours per month for the performance of such duties. The FLSA also allows
the parties hereto to agree on appropriate compensation for the
performance of such off-duty motorcycle duties. It is the intent of the parties
through the provisions of this Subsection to fully comply with the
requirements of the FLSA and that such provisions do comply with the
FLSA.
Employees assigned to work as Motor Officers shall receive an additional
four (4) hours per month paid at $15.00 per hour at time and one half (1.5).
This pay is in recognition of the off-duty responsibilities of being a Motor
Officer, i.e., for maintaining and servicing the motorcycle. This pay for off-
duty responsibilities shall not be reported to CalPERS as special
compensation. Employees assigned to work as Motor Officers who are
required to perform extraordinary off-duty motorcycle care (in rare
instances) which causes a substantial increase in the normal off-duty hours
worked for that month, shall submit a written request to the Police Chief or
the Chiefs assigned designee for additional compensation for the hours
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spent performing such work. This pay for extraordinary off-duty motorcycle
care shall not be reported to CalPERS as special compensation.
N. Canine Officer Pay:
On -Duty Pay for Canine Officers:
Employees assigned as Canine Officers shall receive fifteen (15) hours per
month paid at their regular hourly rate of pay for the on -duty responsibilities
of being assigned as a Canine Officer. The parties agree that to the extent
permitted by law, this Canine Officer pay is special compensation and shall
be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4)
Canine Officer/Animal Premium.
2. Off-duty Pay for Canine Officers:
Employees assigned to work as Canine Officers who routinely and
consistently handle, train, and board the canines off-duty are entitled to
compensation for such off-duty activities. The parties acknowledge that the
Fair Labor Standards Act (FLSA), which governs the entitlement to
compensation for off-duty canine duties, entitles the parties to agree to a
reasonable number of hours per month for the performance of such duties.
The FLSA also allows the parties hereto to agree on appropriate
compensation for the performance of such off-duty canine duties. It is the
intent of the parties through the provisions of this Subsection to fully comply
with the requirements of the FLSA and that such provisions do comply with
the FLSA.
Employees assigned to work as Canine Officers shall receive compensation
of fifteen (15) hours a month per month paid at $15.00 per hour at time and
one half (1.5) for off-duty canine duties. This pay is for the off-duty
responsibilities of Canine Officers. This pay for off-duty responsibilities shall
not be reported to CalPERS as special compensation.
Employees assigned to work as Canine Officers who are required to
perform extraordinary off-duty canine care, such as a veterinary emergency
or other rare occurrence, which causes a substantial increase in the normal
off-duty hours worked for that month, shall submit a written request to the
Police Chief or the Chiefs assigned designee for additional compensation
for the hours spent performing such work. This pay for extraordinary off-
duty canine care shall not be reported to CalPERS as special
compensation.
O. Matron Pav
Any female non -sworn employees assigned matron duties (i.e., monitoring
the intake of female prisoners) shall receive an additional one and one-half
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(1 Y2) hours at the base rate of pay for each shift matron duties are
performed.
P. Minimum Call Back
The following shall determine the type of compensation for the overtime
worked:
a. Call Out - off duty personnel called out for a special assignment (two
hour minimum).
b. Call back shall be paid only for hours not contiguous to the
employee's regular work schedule when they are required to
physically return to work. The minimum two (2) hour payment
assumes that the time the employee who is called back occurs
outside his/her regular work hours. If the time the employee is called
back overlaps any part of the employee's regular work hours, the
employee will receive his/her regular pay plus any additional time (at
time and one half) for hours which fall outside regular work hours.
Q. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive Two
Hundred ($200.00) Dollars per month (paid each pay period) in bilingual
pay. The existing certification process will confirm that employees are fluent
at the street conversational level in speaking, reading and writing Spanish.
Employees certified shall receive bilingual pay the first full pay period
following certification.
Additional languages may be certified for compensation pursuant to this
section by the Chief of Police.
The parties agree that to the extent permitted by law, the Bilingual pay in
this section is special compensation and shall be reported to CalPERS as
such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.
R. Certification Pav
Unit employees in Mechanic classification shall be eligible for annual
certification pay as follows:
Smog License - $250.00
2. Fire Mechanic State Level 1- $100.00
3. Fire Mechanic State Level II - $200.00
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4. ASE Certification - $25.00 per certification up to a maximum of eight
(8) and $100.00 for possessing a current ASE Master Truck
Technician and $100.00 for possessing a current ASE Master
Automobile Technician certification.
5. Commercial Driver's License, Class A - $100.00
6. Commercial Driver's License, Class B - $75.00
The parties agree that to the extent permitted by law, these
certification pays in
reported to CalPERS
Mechanical Premium
S. Uniform Allowance.
this section are special compensation and
as such pursuant to Title 2 CCR, Section
first four
shall be
571(a)(2)
The City reports to PERS a uniform allowance amount of $1,100 per year
for sworn officers; $118.56 per year for non -sworn personnel, subject to the
provisions and limitations under the Public Employees' Retirement Law,
including restrictions on reporting uniform allowance as pensionable
compensation for "non -classic" members hired after January 1, 2013.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the
City shall report to the California Public Employees' Retirement System
(CaIPERS) the uniform allowance for each sworn and civilian classification
as special compensation in accordance with Title 2, California Code of
Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for
"new members" as defined by the Public Employees' Pension Reform Act
of 2013, the uniform allowance will not be reported as pensionable
compensation to CalPERS.
SECTION 3. —Leaves
A. Flex Leave
Non -Sworn NBPA members shall accrue (prospectively) flex leave
based on the greater of their total continuous years of full-time
service with the City of Newport Beach. Police Officers shall accrue
(prospectively) flex leave based on their total full-time employment
as a sworn law enforcement officer, including up to a maximum of six
months time employed as a police recruit or similar classification in
a police training academy. Flex time is accrued while an employee
is in paid status, including paid leave time.
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The Flex Leave accrual rate shall be:
Years of Continuous
Hours Accrued
Hours
Maximum
Service
Per Pay Period
Accrued
Balance (total
Annually
hours)
Less than 5
6.31
164.06
441.70
5 but less than 9
6.92
179.92
484.40
9 but less than 12
7.54
196.04
527.80
12 but less than 16
8.16
212.16
571.20
16 but less than 20
8.77
228.02
613.90
20 but less than 25
9.38
243.88
656.60
25 and over
10.00
260.00
700.00
The Flex leave program shall be administered as follows:
a. NBPA members will normally accrue three months (i.e., 41.02
hours) of flex leave (as provided in the chart in paragraph Al
above) immediately upon completion of three (3) months
continuous employment with the Newport Beach Police
Department, provided however, this amount shall be reduced
by any flex leave time advanced during the first three months
of employment.
b. Members employed by the City prior to initiation of the flex
leave program have had then current accrued vacation time
converted to flex leave on an hour for hour basis with then
current sick leave placed in a bank to be used as provided in
Section 11.2 of the City of Newport Beach Employee Policy
Manual. Members entitled to use sick leave pursuant to
Section 11.2A of the Employee Policy Manual must notify
appropriate department personnel of their intention to access
the sick leave bank and, in the absence of notification,
absences will be charged to the member's flex leave account.
Members who wish to convert an absence from flex leave to
sick leave must submit a written request to the Chief of Police
within twenty (20) days after the absence (20 days from the
last absence in the event the member was continuously
absent for more than one day) specifying the nature of the
illness and the person notified of the intent to use sick leave,
or the reasons for the failure to notify appropriate department
personnel. The Chief of Police shall grant the request for
conversion if the member submits a written statement signed
by his or her attending physician confirming the illness and the
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Police Chief determines that the member's failure to notify
appropriate departmental personnel was reasonable under
the circumstances.
C. NBPA members first hired by the City prior to September 1,
1997, shall be paid for all flex leave that accrues in excess of
the flex leave accrual threshold (Flex Leave Spillover Pay).
Flex Leave Spillover Pay will be paid at the member's regular
hourly rate of pay. Effective during the first pay period of
January, 1998, NBPA members who have not utilized at least
80 hours of flex leave during the prior calendar year shall not
accrue flex leave in excess of the Flex Leave Accrual
Threshold and shall not be entitled to Flex Leave Spillover
Pay.
d. NBPA members first hired, or rehired by the City subsequent
to September 1, 1997, shall not be eligible for Flex Leave
Spillover Pay and shall not be entitled to accrue flex leave in
excess of the Flex Leave Accrual Threshold.
e. All requests for scheduled flex leave shall be submitted to
appropriate department personnel. Flex leave may be
granted on an hourly basis. In no event shall a member take
or request flex leave in excess of the amount accrued.
Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the employment
relationship.
g. Should approved leave be canceled due to the needs of the
City, a reasonable extension of time (up to 90 days) will be
granted for employees to reschedule the leave without the
loss of spillover or leave accrual.
Employees who are regularly assigned to work 2088 hours
per year because they are regularly assigned to work one
hundred 174 twelve (12) hour shifts per year shall be credited
with two hours paid leave per quarter worked on the 12 -hour
schedule.
B. Holiday In Lieu
NBPA members shall accrue holiday time at the rate of 96 hours per fiscal
year (July 1 through June 30), and at the rate of 3.7 hours per pay period.
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Option 1 (Default): Unless otherwise irrevocably elected by the employee,
holiday compensation shall be paid in cash along with the employee's
regular bi-weekly check. The parties agree, to the extent permitted by law,
the compensation in this section is special compensation for those
employees who are normally required to work on an approved holiday
because they work in positions that require scheduled staffing without
regard to holidays and shall be reported as such pursuant to Title 2 CCR,
Section 571(a)(5) Holiday Pay.
Option 2: Within 60 days of NBPA membership, NBPA members may
irrevocably elect to have all or any portion of the 3.7 hours of accrued
holiday compensation added to the member's flex leave bank on a bi-
weekly basis in lieu of a cash payment. Once holiday time is accrued to the
member's flex leave bank, all rules and opportunities concerning the flex
leave program (described elsewhere in this MOU and in the Employee
Policy Manual) will apply (e.g. usage, maximum balance, spillover, periodic
payout, etc.). Pay for any time taken from the flex leave bank, and any
spillover pay or other payout for flex leave, will not be reported to PERS as
special compensation.
Effective following adoption of the MOU in Fiscal Year 2021-22, all current
unit members will be provided a one-time opportunity to change all or a
portion of their future annual holiday benefits to pay or time off. The City will
provide a 28 -day window (2 pay periods) for employees to make the new
irrevocable election. Once selected, the election becomes uniform from
year to year.
C. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty
by employee because of the death or terminal illness in his/her immediate
family. NBPA members shall be entitled to forty (40) hours of bereavement
leave per incident (terminal illness followed by death is considered one
incident). Leave hours need not be used consecutively, but should occur in
proximate time to the occurrence. Immediate family shall mean an
employee's father, stepfather, mother, stepmother, brother, sister,
spouse/domestic partner, child, stepchild and grandparent, and the
employee's spouse/domestic partner's father, mother, brother, sister, child
and grandparent. An employee requesting bereavement leave shall notify
his/her supervisor as soon as possible of the need to take leave.
D. Leave Sellback
Employees shall have the option of converting accrued Flex Leave to cash
on an hour for hour basis subject to the following: On or before the pay
period which includes December 15 of each calendar year, an employee
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may make an irrevocable election to cash out accrued flex leave which will
be earned in the following calendar year. The employee can elect to
receive the cash out in the pay period which includes June 30 and/or the
pay period which includes December 15 for those Flex Leave benefits that
have been earned during that portion of the yearin no event shall the flex
leave balance be reduced below one hundred and sixty (160) hours. On or
before December 31, 2018, each employee shall have the one-time option
of cashing out all or a portion of Flex Leave benefits credited to his/her
account as of that date. However, in no event shall the flex leave balance
be reduced below one hundred and sixty (160) hours when the leave is
cashed out.
Workers' Compensation Leave
Sworn Members
Any NBPA member who is a sworn peace officer and incapacitated
by reason of any injury or illness which has been determined to have
arisen out of or in the course of his or her employment shall receive
compensation in accordance with the provisions of Section 4850 et.
seq. of the Labor Code of the State of California.
2. Non—sworn Members
Any employee incapacitated by reason of any injury or illness which
has been determined to have arisen out of or in the course of his or
her employment shall receive, in addition to temporary disability
compensation pursuant to the laws of the State of California, an
additional sum which, when added to temporary disability payments,
provides the injured employee with regular compensation. Regular
compensation is defined as the salary for the position and step
occupied by the employee on the date of the job—related illness or
injury. Payment shall commence with the first day of approved
absence and end with the termination of temporary disability, or the
expiration of six (6) months, whichever occurs first.
Scheduling of Medical Treatment for Industrial Injuries
Time spent by an employee receiving medical attention during the
employee's normal working hours is considered hours worked and
compensable, when the City or its representative schedules the
appointment.
When an employee is temporarily disabled due to an industrial injury, and
is unable to perform even limited duty in the workplace, all appointments,
whether arranged by the City or the employees, shall be considered as
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occurring during normal working hours. The employee shall not be entitled
to any additional compensation, regardless of the employee's regular work
schedule or the type of compensation currently received, except as
otherwise required by law.
When an employee has been released to either full or limited duty and has
returned to the workplace, time spent receiving ongoing medical treatment,
such as physical therapy or follow-up visits that are not scheduled by the
City, is not considered hours worked and therefore, is not compensable. To
avoid disruption in the workplace, an employee shall schedule such
appointments to occur during off duty hours whenever possible. In the event
such scheduling is not available, employee may be allowed to attend an
appointment during their regularly scheduled duty shift with prior
supervisory approval. Regular recurring appointments (i.e., weekly
physical therapy) must be scheduled off duty.
G. Non -Accruing Leave Bank
Sworn Police Officers shall receive thirty-three (33) hours annually of paid
leave in the pay period which includes July 1. The hours do not accrue, have
no cash value, cannot be transferred to any other leave bank and must
be used by the pay period before the pay period containing July 1, at
which time any remaining hours will be depleted. Use of NAL is subject
to supervisory approval.
Non -Sworn bargaining unit members shall receive eighteen (18) hours
annually of paid leave in the pay period which includes July 1. The hours do
not accrue, have no cash value, cannot be transferred to any other
leave bank and must be used by the pay period before the pay period
containing July 1, at which time any remaining hours will be depleted.
Use of NAL is subject to supervisory approval. For Fiscal Year 2021-22,
non -sworn bargaining unit members shall receive a pro -rated amount of
non -accruing leave the pay period following adoption by the City Council.
For example, if the pay period following MOU adoption is the pay period
which includes January 1, non -sworn employees will receive 9 hours of
accrued leave (1/2 the fiscal year allotment).
SECTION 4. — Fringe Benefits
A. Insurance
Benefits Information Committee
City has established a Benefits Information Committee (BIC)
composed of one representative from each employee association
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group and up to three City representatives. The Benefits Information
Committee has been established to allow the City to present data
regarding carrier and coverage options, the cost of those options,
appropriate coverage levels and other health programs. The
purpose of the BIC is to provide each employee association with
information about health insurance/programs and to receive timely
input from associations regarding preferred coverage options and
levels of coverage.
2. Medical Insurance
a. The City has implemented an IRS qualified Cafeteria Plan. In
addition to the amounts listed below, the City shall contribute the
minimum 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.
b. City Contribution
i. The City's monthly contribution towards the Cafeteria Plan
is $1,524.00 (plus the minimum Ca1PERS participating
employer contribution as outlined in Government Code
§22892.)
ii. If, prior to November 30, 2025, a court of competent
jurisdiction or formal legal opinion determines that the City's
cafeteria benefit plan is a bona fide plan such that the City's
contributions towards medical premiums will not be
included in the employee's regular rate of pay under the
Fair Labor Standards Act, the City will increase the monthly
contribution towards the Cafeteria Plan by a total of $200
over the remaining term of the agreement. The $200 will be
prorated annually over the remaining term of the agreement
(full years only), beginning with the first day of the next plan
year. Examples. If the cafeteria benefit plan becomes bona
fide during December of 2023, the City will increase the
monthly contribution by $100 per month in January of 2024
(Year 3) and by an additional $100 per month (total $200)
in January of 2025 (Year 4). If the cafeteria benefit plan
becomes bona fide in March of 2022, the $200 will be
spread evenly over the remaining complete plan years of
the agreement, or at $67 per month beginning in January
of 2023 (Year 2), another $67 per month in Year 3 and
another $67 per month in Year 4. If the City's cafeteria
benefit plan is not determined to be a bona fide plan as
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outlined above by a court of competent jurisdiction or formal
legal opinion prior to the expiration of this MOU, this
paragraph will become ineffective and the City's obligation
to increase the cafeteria contribution by $200 will cease at
the expiration of the MOU.
c. Cash Back
Employees shall be allowed to change coverages in
accordance with plan rules and during regular open
enrollment periods.
NBPA members who do not want to enroll in any medical plan
offered by the City must provide evidence of group medical
insurance coverage, and execute an "opt -out" agreement
releasing the City from any responsibility or liability to provide
medical insurance coverage on an annual basis.
Unit members whose actual start date occurs prior to the first day of the
pay period following City Council approval of this MOU in FY 2021-22
and who elect to opt out of medical coverage offered by the City because
they have proof of minimum essential coverage ("MEC') through another
source (other than coverage in the individual market, whether or not
obtained through Covered California) will receive $1, 000.00 per month in
taxable cash paid bi-weekly. For these same employees, if they elect
medical coverage and spend less than the City contribution provided
above, those unused cafeteria plan funds shall be paid to the employee
as taxable cash biweekly.
Newly appointed unit members whose actual start date occurs on or after
the first day of the pay period following City Council approval of this MOU
in FY 2021-22 and who elect to opt out of medical coverage offered by
the City because they have provided proof of MEC through another
source (other than coverage in the individual market, whether or not
obtained through Covered California) shall receive $500.00 per month in
taxable cash. For these same employees, if they elect medical coverage
and spend less than the City contribution provided above, there shall be
no cash back provided. This paragraph shall not apply to an employee
who received a conditional offer letter prior to adoption of this MOU which
referenced the pre-existing "opt out" and cafeteria cash provisions.
The preceding language as applied to the following scenarios:
1. Part-time employee hired by the City prior to MOU adoption but not
appointed as a full-time employee into the NBPA until on or after MOU
adoption — this employee is subject to the $500 opt -out amount and does
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not receive cash back if the medical coverage elected is less than the
City contribution.
2. Full-time employee hired by the City prior to MOU adoption who later
drops down to part-time and then is reappointed to the unit as a full-time
employee — this employee is subject to the $500 opt -out amount and
does not receive cash back if the medical coverage elected is less than
the City contribution.
3. Full-time employee hired by the City prior to MOU adoption who later
transfers into the unit from another unit — if the employee was not subject
to the $500 opt -out amount and/or no cash back in the unit from which
they are transferring, they will receive the benefit of $1, 000 opt -out and/or
cash back if the medical coverage elected is less than the City
contribution.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part
of the City's health plan offerings as agreed upon by the Benefits
Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part
of the City's health plan offerings as agreed upon by the Benefits
Information Committee.
B. Additional I nsu rance/Prog rams
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.
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2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD)
disability insurance to all regular full-time employees with the
following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall pay one percent (1%) of base salary as a pre-tax
deduction for this benefit. Effective the first premium payment
following the City Council adoption of the MOU in Fiscal Year 2021-
22, the City will no longer require unit members to pay one percent
(1 %) of base salary for this benefit and this Paragraph shall be
deleted.
Employees shall not be required to exhaust accrued paid leaves prior
to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid leave
once the waiting period has been exhausted.
3. Life Insurance
The City shall provide life insurance for all regular full-time
employees in $1,000 increments equal to one times the employee's
annual salary up to a maximum of $50,000. At age 70 the City -paid
life insurance is reduced by 50% of the pre -70 amount. This amount
remains in effect until the employee retires from City employment.
Employee Assistance Proqram
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.
The Retirement Benefit
Retirement Formula
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The City contracts with the California Public Employees Retirement
System ("CaIPERS" or "PERS") to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated
reform, the City has implemented first, second and third tier
retirement benefits as follows:
Tier I ("Legacy"): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall
be 3%@50 and the retirement formula for non safety members shall
be 2.5%@ 55, calculated on the basis of the highest consecutive 12
month period selected by the employee.
Tier II ("Classic"): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January
1, 2013 and who are current members of the retirement system or a
reciprocal retirement system, as defined in Public Employees
Pension Reform Act (PEPRA), the retirement formula for safety
members shall be 3%@55 and the retirement formula for non safety
members shall be 2%@60, calculated on the basis of the highest
consecutive 36 month period selected by the employee.
Tier III ("PEPRA"): For employees first hired by the City on or after
January 1, 2013, and who do not meet the Tier 11 criteria, the safety
retirement formula shall be 2.7%@57 and the non safety retirement
formula shall be 2.0%@62, calculated on the basis of the highest
consecutive 36 month period selected by the employee.
2. Employee Contributions
Unit members shall contribute additional amounts toward the PERS
retirement benefit, to the extent permissible by law, as set forth
below. Should any such provision be deemed invalid, the City and
Association agree to meet for the purpose of renegotiating employee
retirement contributions or other equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be calculated on base pay, special
pays, and other pays normally reported as pensionable
compensation, and will be made on a pre-tax basis through payroll
deduction, to the extent allowable by the Internal Revenue Code
a. Safety
Tiers I and II:
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NBPA Tier I and II safety members will contribute the full
statutory member contribution, equal to 9% of pensionable
compensation, plus an additional 4.6% of pensionable
compensation toward retirement costs as permitted under
Government Code §20516(f), for a total contribution of 13.6%
of pensionable compensation.
Tier III'
In addition to the statutorily required 50% contribution of total
normal costs ("member contribution rate"), Tier III employees
shall contribute an additional amount of pensionable
compensation toward retirement costs pursuant to
Government Code § 20516(f), so that their conrtibution equals
a total contribution of 13.6% of pensionable compensation. If
in future fiscal years member contribution rate for employees
in Tier III shall become greater or less, as determined by PERS
valuation, the additional contribution made by the employee
under 20516(f) will be increased or decreased accordingly so
that the total employee contribution equals 13.6% of
pensionable compensation. Provided, however, that the
employee contribution shall never fall below the statutory
required contribution.
b. Non Safety
Tier I:
Tier I employees shall contribute eight percent (8%) of
compensation earnable for the CaIPERS member contribution,
an additional 2.42% of compensation earnable as cost sharing
pursuant to Government Code section 20516(a) and effective
the first day of the pay period following City Council adoption
of the MOU In FY 2021-22, an additional 2.58% of
compensation earnable as cost sharing pursuant to
Government Code §20516(f). Employees shall contribute a
total of 13.0% of compensation earnable for retirement
contributions.
Tier II:
Tier II employees shall contribute the statutory PERS Member
Contribution equal to 7.0% of compensation earnable, plus
(effective the first day of the pay period following City Council
adoption of the MOU In FY 2021-22) an additional 6.0% of
compensation earnable toward retirement costs under
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Government Code § 20516(f), for a total contribution of 13% of
compensation earnable.
Tier III:
The minimum statutory employee contribution for employees
in Tier III, subject to the provisions of the Public Employees'
Pension Reform Act (PEPRA), equals 50% of the "total normal
cost", and is calculated annually for possible adjustments as
provided in the Ca1PERS valuations.
In addition to the statutorily required 50% contribution of total
normal costs, Tier III employees shall contribute an additional
amount of pensionable compensation toward retirement
pursuant to Government Code § 20516(f), so that their
condibution equals (effective the first day of the pay period
following City Council adoption of the MOU In FY 2021-22) a
total of 13.0% of pensionable compensation. If in future fiscal
years themember contribution rate for employees in Tier III
shall become greater or less, as determined by PERS
valuation, the additional contribution made by the employee
under 20516(f) will be increased or decreased accordingly so
that the total employee contribution equals 13.0% of
pensionable compensation. Provided, however, that the
employee contribution shall never fall below the statutory
required contribution.
3. The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3
of the California Government Code and the highest year
benefit pursuant to Section 20042.
b. The Level 4 1959 Survivors Benefits.
C. The PERS pre -retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
E. Retiree Medical Benefit
Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
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contribution" program. The process of fully converting to the new program
will be ongoing for an extended period. During the transition, employees
and (then) existing retirees have been administratively classified into one of
four categories. The benefit is structured differently for each of the
categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2005,
whose age plus years of service as of January 1, 2005 was
less than 50 (46 for public safety employees).
C. Category 3 - Active employees hired prior to January 1, 2005,
whose age plus years of service was 50 or greater (46 for
public safety employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City
prior to January 1, 2005, and were participating in the previous
retiree medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retirement Health Savings Plan (RHS).
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory
employee contributions or City paid employer contributions, so they
are not taxable to employees at the time of deposit. Earnings from
investment of funds in the account are not taxable when posted to
the account. Benefit payments are not taxable when withdrawn,
because the plan requires that all distributions be spent for specified
health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of
Salary.
Part B contributions (employer contributions): $2.50 per month for
each year of service plus year of age (updated every January 1St
based on status as of December 31 St of the prior year).
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settlement as determined by
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
employees within the Association must participate at the same level,
except that safety members and non -safety members within an
Association may have different levels. The participation level should
be specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the
City, or cashing out leave at any other time, would have the cash
equivalent of 50% of the amount that is cashed out added to the
RHS, on a pre-tax basis. The remaining 50% would be paid in cash
as taxable income. Individual employees would not have the option
to deviate from this breakout.
The Association has decided to participate in Part C contributions at
the level of zero percent (0%) for FlexNacation Leave and zero
percent (0%) for Sick Leave. This amount may be changed, on a go
forward basis, as part of a future meet and confer process. However,
the participation level must be the same for all employees within the
Association except that safety members and non -safety members
within an Association may have different levels. Additionally, the
purpose and focus of these changes should be toward long-term,
trend type adjustments. Due to IRS restrictions regarding
"constructive receipt," the City will impose restrictions against
frequent spikes or drops that appear to be tailored toward satisfying
the desires of a group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21
of the Manual contains a schedule which specifies the amount of sick
leave that can be "cashed out," based on time of service. The
manual also caps the number of hours that can be "cashed out" at
800, and specifies that sick leave hours are "cashed out" on a 2 for
1 basis (800 hours of sick leave are converted to 400 hours for cash
purposes). Sick leave participation is a separate item from
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vacation/flex leave participation, and thresholds must be separately
identified by the Association.
Part A contributions may be included in PERS compensation. Part
B and Part C contributions will not be included in PERS
compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility
for Part B contributions is set at five years of vested City employment.
At that time, the City will credit the first five years' worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly.
Part C deposits, if any, will be made at the time of employment
separation.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account balance
is zero. This right is triggered upon separation. If an employee
leaves the City prior to five years' employment, only the Part A
contributions and Part C leave settlement contributions, if any, will
be in the RHS Employee Account. Such an employee will not be
entitled to any Part B contributions. The exception to this is a full-
time employee, participating in the program, who leaves the City due
to industrial disability during the first five years of employment. In
such cases, the employee will receive exactly five years' worth of
Part B contributions, using the employee's age and compensation at
the time of separation for calculation purposes. This amount will be
deposited into the employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained
in IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care
insurance, and miscellaneous medical expenses not covered by
insurance for the employee and his or her spouse and legal
dependents — again only as permitted by IRS Publication 502.
Qualification for dependency status will be determined by guidelines
in IRC 152. If used for these purposes, distributions from the RHS
accounts will not be taxable. Cash withdrawal for any other purpose
is prohibited. Under recent IRS Revenue Ruling 2005-24, any
balance remaining in the Employee Account after the death of the
employee and his or her spouse and/or other authorized dependents
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(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 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.
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates
to $100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City
and at the time of retirement. No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with
the City prior to implementation of the new program will only receive
Part B contributions back to January 1, 2006 when they reach five
years' total service.
C. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their
RHS accounts after they retire from the City, to continue as long as
the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for
the duration of their employment to partially offset part of this
expense to the City. The maximum benefit provided by the City after
retirement is $4,800.00 per year, accruing at the rate of $400.00 per
month. There is no cash out option for these funds, and they may
not be spent in advance of receipt.
Employees in this category will also receive an additional one-time
City contribution of $75 per month for every month they contributed
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to the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the RHS
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very
similar to the previous retiree medical program, except that
there is no cost share requirement, and the $400 City
contribution after retirement can be used for any IRS
authorized purpose, not just City insurance premiums.
Effective July 1, 2006, a RHS account has been opened for each
retiree in this category, and the City will contribute $400 per month
to each account as long as the retiree or spouse remains living.
For existing NBPA retirees in this category, the $400 was increased
to $450 effective July 1, 2006. The NBPA and Police Management
Association have agreed to reimburse the City for half of the cost of
this increase, on an ongoing basis. To that end, the City will invoice
NBPA at the end of each quarter for half the actual cost of this
increase during the previous three months.
3. Administration
Vendors have been selected by the City to administer the program.
The contract expense for program -wide administration by the vendor
will be paid by the City. However, specific vendor charges for
individual account transactions that vary according to the investment
actions taken by each employee, such as fees or commissions for
trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options
that will be available through the plan.
F. City Contribution to PORAC Retiree Medical Trust (RMT)
The City shall contribute $100.00 per month, per unit member to the
PORAC Retiree Medical Trust. At no time shall the City be liable for
administering the PORAC RMT, paying fees towards it, remedying or
covering any losses by it, or assuming any of the PORAC RMT's liabilities
or legal obligations. In the event the City is required to pay or withhold
payroll taxes on employee contributions, the parties shall immediately meet
and confer in good faith to attempt to implement equitable adjustments to
the contributions referenced herein. In the event the PORAC RMT ceases
to operate, the Association shall designate an alternate retiree medical
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vehicle to which the City contribution shall be made, with said contribution
being conditioned upon there being no additional cost or administrative
burdens associated therewith.
G. Deferred Compensation
Each employee shall have a deferred compensation account set up by the
City and subject to the rules of IRS Code section 457 to which s/he may
make contributions. The City shall contribute to each employee's deferred
compensation account each pay period as follows:
The City shall contribute a total of two percent (2%) of base salary to each
employee's deferred compensation account.
Under federal law, there is an annual maximum contribution which may be
made to an employee's deferred compensation account. Although the City
will be making contributions to employees' accounts each pay period, it is
the employees' responsibility to track their total contribution amount. If an
employee's account contributions reach the annual maximum, the City will
stop making contributions for the remainder of the calendar year and will
not owe the employee any additional compensation related to this section.
H. Tuition Reimbursement
NBPA members attending accredited community colleges, colleges, trade
schools or universities may apply for reimbursement of one hundred percent
(100%) of the actual cost of tuition, books, fees or other student expenses
for approved job—related courses. The maximum tuition reimbursement for
all employees in the unit shall be $1,400 per fiscal year.
Physical Conditioning Equipment
City has acquired fitness equipment for use by members in maintaining
physical fitness. City shall budget $5,000.00 per each calendar year for the
maintenance, repair, improvement, or replacement of fitness equipment.
Any purchase of new equipment shall be subject to the concurrence of the
Department. All exercise facilities and equipment will be available to all
members of the department.
Physical Fitness Qualifier
The Physical Fitness Qualifier (PFQ) is offered to police officers twice
annually. Fitness benchmarks have been established and are outlined in
Exhibit V. " Officers who rank 1st Class, 2nd Class or 3rd Class as set forth
in Exhibit V" are awarded leave time depending upon achieved rank. Within
two weeks of PFQ completion, the department will create a personnel action
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form indicating the rank and number of leave time hours awarded for each
sworn police officer. The awarded hours will be placed in the police officer's
individual Comp Time bank (at the straight time rate), which is subject to a
120 -hour maximum balance. If the employee later chooses to have the
leave time "paid out, " payment will be at the employee's MOU overtime rate.
SECTION 5. —Miscellaneous Provisions
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines
that a reduction in the work force is warranted because of actual or
anticipated reductions in revenue, reorganization of the work force, a
reduction in municipal services, a reduction in the demand for service or
other reasons unrelated to the performance of duties by any specific
employee. Reductions in force are to be accomplished, to the extent
feasible, on the basis of seniority within a particular Classification or Series
and this Section should be interpreted accordingly.
1. Definitions
a. "Layoffs" or "Laid off' shall mean the non—disciplinary
termination of employment.
b. "Seniority" shall mean the time an employee has worked in a
Classification or Series calculated from the date on which the
employee was first granted permanent status in their current
Classification or any Classification within the Series, subject to the
following:
i. Credit shall be given only for continuous service
subsequent to the most recent appointment to permanent
status in the Classification or Series;
ii. Seniority shall include time spent on industrial leave,
military leave and leave of absence with pay, but shall not
include time spent on any other authorized or unauthorized
leave of absence.
C. "Classification" shall mean one or more full time positions
identical or similar in duties and embraced by a single job title
authorized in the City budget and shall not include part—time,
seasonal or temporary positions. Classifications within a Series shall
be ranked according to pay (lowest ranking, lowest pay).
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d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with the
higher ranking Classification(s) characterized by the need for less
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager shall
determine those Classifications which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right
of an employee, based upon seniority within a series, to displace a
less senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for which
the employee does not possess the minimum qualifications such as
specialized education, training or experience.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are
applicable:
a. Temporary and probationary employees within any
Classification shall, in that order, be laid off before permanent
employees.
b. Employees within a Classification shall be laid off in inverse
order of seniority;
C. An employee subject to layoff in one Classification shall have
the right to Bump a less senior employee in a lower ranking
Classification within a Series. An employee who has Bumping Rights
shall notify the Department Director within three (3) working days
after notice of layoff of his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification
are subject to layoff and have the same seniority, the employees
shall be laid off in inverse order of their position on the eligibility list
or lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to layoff shall be given at least thirty (30) days advance
notice of the layoff or thirty (30) days' pay in lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave, holiday leave
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(if any), and accumulated sick leave to the extent permitted by the
Employee Policy Manual.
4. Re—Employment
Permanent and probationary employees who are laid off shall be placed on
a Department re—employment list in reverse order of layoff. The laid off
former employee shall remain on the re-employment list for not to exceed
two (2) years from the date of layoff. In the event a vacant position occurs
in the Classification which the employee occupied at the time of layoff, or a
lower ranking Classification within a Series, the employee at the top of the
Department re—employment list shall have the right to appointment to the
position, provided, he or she reports to work within seven (7) days of written
notice of appointment. Notice shall be deemed given when personally
delivered to the employee or deposited in the U.S. Mail, certified, return
receipt requested, and addressed to the employee at his or her last known
address. Any employee shall have the right to refuse to be placed on the
re—employment list or the right to remove his or her name from the re—
employment list by sending written confirmation to the Human Resources
Director.
5. Severance Pav
Permanent employees who are laid off shall, as of the date of layoff, receive
one-week severance pay for each year of continuous service with the City
of Newport Beach, but in no case to exceed ten (10) weeks of severance
compensation.
B. Work Schedules
Nothing contained herein is intended to abridge management's right to schedule
work to meet the Police Department's needs of providing services in an efficient
and safe manner. Management recognizes its obligations to meet and confer
before making any substantive changes to work schedules that impact an
employee's conditions of employment.
Substantive Work Schedule Modifications
Newport Beach Police Department currently has available a variety of work
schedules including 5/8, 3/12, 9/80, 4/10 and the 3/11.42/4/11.42schedule.
Except in the case of emergency, prior to moving any employee or group of
employees from one work schedule to another (for example from a 9/80 to
a 3/12 schedule), the Department shall notify, and upon request, meet and
confer with the Association in advance of any schedule change. If an
emergency prohibits meeting and conferring prior to the schedule change,
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the Department shall meet and confer with the Association as soon as is
reasonably possible after the schedule change.
2. Non -Substantive Schedule Modifications
In the event of any non -substantive change to an employee's work schedule
(changes in starting times, days off, etc.), Management agrees to give as
much advance notice of said change as possible and to give reasonable
regard to the needs of the employees to make adjustments to their personal
schedules and commitments related to the change in work schedules.
3. Transfers
Transferring an employee to an assignment with a different work schedule
shall not be considered a change to modified work schedules and shall not
obligate Management to meet and confer over said change.
C. Seniority
Definition and Policy
In order to clarify "seniority" practices, the parties agree to the following
definition and policy for "seniority" determinations. "Seniority" position
among members belonging to the same classification and determined prior
to the date of this Agreement shall not change, regardless of the method of
determination.
a. Unless otherwise specified, for purposes of employment practices
and vacation selection in which "seniority" is a consideration,
"seniority" is defined and determined as the period of time of
continuous full time employment within a classification.
b. Determination of seniority date upon promotion or demotion of full
time employees:
An employee promoted into any higher classification shall
obtain their seniority date based upon their date of promotion,
relative to others in the classification into which the employee
promotes.
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.
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Part time employees have no seniority rights, and any full time
employee who resigns their full time position and accepts a part time
appointment shall forfeit any seniority, even upon re -appointment to
a full time position.
d. Nothing in this definition is intended to affect any other employment
right or consideration that may be based upon total years of service,
initial appointment date, or any other date of hire or change in
employment status.
e. In the event there is a conflict between members of a classification
hired on the same day, seniority position shall be determined by
order of hire based upon issuance of Employee ID numbers.
For the class of Police Officer, seniority is determined based upon
the date of appointment as a Police Officer, not date of hire as a
Police Recruit.
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
Definition
The term "grievance" means a dispute between NBPA or any member and
the City regarding the interpretation or application of rules or regulations
governing the terms and conditions of employment, any provision of the
Employee Policy Manual, any provision of Resolution No. 2001-50, or this
MOU.
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2. Guidelines
Any NBPA member may file a grievance without fear of retaliation or any
adverse impact on any term or condition of employment.
a. A grievance shall not be filed to establish new rules or regulations,
change prevailing ordinances or resolutions, nor circumvent existing
avenues of relief where appeal procedures have been prescribed.
b. An employee may be self—represented or represented by one other
person.
C. An employee and any representative shall be given notice of the time
and place of any grievance proceeding, the opportunity to be present
at such proceedings, a copy of any written decision or
communication to the employee concerning the proceedings, and
any document directly relevant to the proceedings.
d. All parties shall engage in good faith efforts to promptly resolve the
grievance in an amicable manner. The time limit specified may be
extended upon mutual agreement expressed in writing.
e. The procedures in this MOU represent the sole and exclusive
method of resolving grievances.
3. Procedure for NBPA Members
Step 1 — The employee shall orally present the grievance to his or
immediate supervisor within fifteen (15) calendar days after the member
knew, or in the exercise of reasonable diligence should have known, the act
or events upon which the grievance is based. The immediate supervisor
shall conduct any appropriate investigation and meet with the employee no
more than fifteen (15) calendar days after presentation of the grievance.
The employee shall be given at least 24 hours' notice of the meeting. The
meeting shall be informal, and the employee may have a representative
present. Any employee not satisfied with the decision of his or her
immediate supervisor may proceed to Step 2.
Step 2 — If an employee is dissatisfied with the decision of his or her
immediate supervisor, the employee may proceed to Step 2 by submitting
a written grievance to the supervising Deputy Chief or Civilian Deputy
Director. Any employee dissatisfied with the decision of his or her
immediate supervisor may submit a written grievance to the supervising
Deputy Chief or Civilian Deputy Director. The written grievance shall be
filed within seven (7) calendar days following receipt of the immediate
supervisor's decision. The written grievance must contain a complete
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statement of the matters at issue, the facts upon which the grievance is
based, and the remedy requested by the employee. The supervising
Deputy Chief or Civilian Deputy Director shall meet with the employee and
any representative in an effort to resolve the grievance. The meeting shall
be scheduled no more than fifteen (15) calendar days following receipt of
the appeal unless deferred by the consent of both parties. The Deputy Chief
or Civilian Deputy Director shall provide the employee with a written
decision on the appeal within fifteen (15) calendar days after the meeting.
Step 3 — Appeal to Chief of Police. Any employee dissatisfied with the
decision of the supervising Deputy Chief or Civilian Deputy Director may
proceed to Step 3 by submitting a written appeal to the Chief of Police. The
written appeal must be filed with the Chief of Police within seven (7)
calendar days following receipt of the supervising Deputy Chief or Civilian
Deputy Director's decision. The written appeal must contain a complete
statement of the matters at issue, the facts upon which a grievance is
based, and the remedy requested by the employee. The Chief of Police
shall meet with the employee and any representative in an effort to resolve
the grievance. The meeting shall be informal and the discussion should
focus on the issues raised by the grievance. The meeting shall be
scheduled no more than fifteen (15) calendar days following receipt of the
appeal unless deferred by the consent of both parties. The Chief of Police
shall provide the employee with a written decision on the appeal within
fifteen (15) calendar days after the meeting.
Step 4 — Appeal to City Manager. In the event the employee is dissatisfied
with the decision of the Chief of Police, the employee may proceed to Step
4 by submitting a written appeal of the decision to the City Manager. The
written appeal must be filed within seven (7) calendar days following receipt
of the Police Chiefs decision. The written appeal shall contain a complete
statement of the matters at issue, the facts upon which the grievance is
based, the decisions of the supervising Deputy Chief or Civilian Deputy
Director and Chief of Police, and the remedy requested by the employee.
The City Manager shall meet with the employee and his or her
representative in an effort to resolve the grievance and to receive any
additional information the employee or department may have relative to the
matter. The meeting shall be scheduled no more than fifteen (15) calendar
days following receipt of the appeal unless deferred by the consent of both
parties. The City Manager shall provide the employee with a written decision
within fifteen (15) calendar days after the meeting. The decision of the City
Manager shall be final.
4. Association Grievance
A grievance affecting more than one NBPA member may be filed by NBPA
on behalf of the affected employees with the Chief of Police. The
42
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NBPA MOU 2021-2025
Association must present the grievance to the Chief of Police within thirty
(30) calendar days after an Association Board member knew, or in the
exercise of reasonable diligence should have known, the act or events upon
which the grievance is based. This provision is the sole and exclusive
method by which the Association may challenge a provision of this MOU.
The grievance shall contain a complete statement of the matters at issue,
the facts upon which the grievance is based, and the remedy requested by
NBPA. The Chief of Police shall meet with NBPA representatives within
fifteen (15) calendar days following receipt of the grievance and provide a
written decision on the grievance within fifteen (15) calendar days after the
meeting. In the event NBPA is dissatisfied with the decision of the Chief of
Police, it may appeal to the City Manager by following the procedures
outlined in Step 4 of the procedure applicable to individual employees.
In the event NBPA is dissatisfied with the decision of the City Manager, it
may appeal the decision to the Civil Service Board by filing a written notice
of appeal within fifteen (15) calendar days after receipt of the decision.
E. Pre-Hearinq Briefs
Each party is entitled to the other party's pre -hearing brief, if any.
F. Use of Tobacco Products
All employees hired after January 1, 1999, shall not smoke or use any tobacco
products at any time while on, or off duty. Employees shall be required to sign an
agreement consistent with this section. Violation of this agreement will subject the
employee to disciplinary action. Smoking an occasional celebration cigar (birth of
a child, etc.) shall not be considered a violation of this policy.
G. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
H. Contract Negotiations
The parties agree that, if either side requests to meet and confer in good faith for
a successor MOU within 120 days of the expiration of the MOU, the parties agree
to begin the negotiations with the mutual objective of reaching an agreement prior
to the expiration of the term of the MOU.
Recoupment of Overpayments
Employees will be notified by Payroll or Human Resources prior to the recovery of
overpayments on paychecks. Recovery of more than 15% of net pay will be
subject to a repayment schedule established by the appointing authority under
43
7-53
NBPA MOU 2021-2025
guidelines issued by the Finance Department or Human Resources. Such recovery
shall not exceed 15% per month of disposable earnings, as defined by State law,
except a mutually agreed upon accelerated payment plan for faster recovery.
Recoupments under this section shall be limited to forty-eight (48) months.
However, nothing in this section is intended to preclude the City from seeking
recoupment of overpayments due to fraud or other knowing concealment through
any available legal forum.
J. Funeral Expenses
Consistent with California Labor Code Section 4701, if an employee covered by
the MOU is killed in the line of duty, the City will reimburse the employee's
designated beneficiary up to $10,000 to offset reasonable burial expenses.
Signatures are on the next page.
7-54
Executed this day of December, 2021.
ATTEST:
Leilani Brown
City Clerk
NBPA MOU 2021-2025
NEWPORT IZACNrPOL12'-ASSOCIATION
IA
Fa
CITY OF NEWPORT BEACH
M
Brad Avery, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
IN
45
Charles Sakai, Special Counsel
7-55
Executed this day of December, 2021.
ATTEST:
In
Leilani Brown
City Clerk
NBPA MOU 2021-2025
NEWPORT BEACH POLICE ASSOCIATION
M
Mark Fasano, President
CITY OF NEWPORT BEACH
31
Brad Avery, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
45
Charles Sakai, Special Counsel
7-56
NBPA MOU 2021-2025
EXHIBIT A
CITY OF NEWPORT BEACH
POLICE ASSOCIATION
Represented Job Classifications of the Newport Beach Police Association
Animal Control Officer
Animal Control Officer, Senior
Civilian Custody Supervisor
Civilian Investigator
Civilian Supervisor
Crime Analyst, Senior
Crime Prevention Specialist
Crime Scene Investigator
Crime Scene Investigator, Senior
Custody Officer
Electronics Specialist
Emergency Services Coordinator
Emergency Services
Information Technology Coordinator
Police Computer Systems Manager
Police Community Services Officer
Police Community Services Officer, Senior
Police Dispatcher
Police Dispatcher, Senior
Police Fiscal Services/Facility Manager
Police Mechanic I
Police Mechanic II
Police Mechanic, Senior
Police Officer
Police Recruit
Rangemaster - Armorer
Station Officer
:•
7-57
EXHIBIT B NEPA MOU 2021-2025
The Newport Beach Police Association
Represented Sworn Police Officers and Non -sworn Positions
MOU Term: July 1, 2021 to November 30, 2025
Effective July 3, 2021
2.0% Adjustment
SWORN
Police Officer $34.50 $58.88 $5,980 $10,205
NON -SWORN
Sr Crime Analyst
$32.35
$45.55
$5,607
$7,895
Crime Prevention Specialist
$30.71
$43.24
$5,323
$7,496
Custody Officer
$28.18
$39.66
$4,884
$6,874
Custody Supervisor
$37.51
$52.78
$6,502
$9,149
Electronic Specialist
$36.17
$50.90
$6,269
$8,822
Emergency Coordinator
$37.41
$52.60
$6,484
$9,118
Police Animal Control Officer
$28.06
$39.50
$4,863
$6,846
Sr Police Animal Control Officer
$32.35
$45.55
$5,607
$7,895
Police Computer Systems Mgr
$53.12
$74.74
$9,208
$12,955
Police Crime Scene Investigator
$29.67
$41.76
$5,143
$7,238
Sr Police Crime Scene Investigator
$32.09
$45.14
$5,562
$7,825
Police Community Services Officer
$22.53
$34.95
$3,905
$6,057
Sr Police Community Services Officer
$28.73
$40.42
$4,979
$7,006
Police Civilian Investigator
$29.67
$41.76
$5,143
$7,238
Police Civilian Supervisor
$37.51
$52.78
$6,502
$9,149
Police Dispatcher
$28.72
$40.41
$4,977
$7,005
Sr Police Dispatcher
$33.02
$46.46
$5,724
$8,053
Police Fiscal Services/Facility Manager
$42.93
$60.37
$7,440
$10,465
Police IT Analyst
$37.58
$52.86
$6,513
$9,162
Police IT Coordinator
$44.00
$61.91
$7,626
$10,731
Police Mechanic 1
$23.45
$32.98
$4,065
$5,717
Police Mechanic II
$27.16
$38.22
$4,707
$6,626
Sr Police Mechanic
$29.96
$42.14
$5,193
$7,304
Police Recruit
$31.24
-
$5,415
-
Police Rangemaster
$27.98
$39.36
$4,851
$6,822
Police Station Officer
$28.06
$39.50
$4,863
$6,846
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
47
7-58
EXHIBIT B NEPA MOU 2021-2025
The Newport Beach Police Association
Represented Sworn Police Officers and Non -sworn Positions
MOU Term: July 1, 2021 to November 30, 2025
Effective July 2, 2022
2.0% Adjustment
SWORN
Police Officer $35.19 $60.05 $6,100 $10,409
NON -SWORN
Sr Crime Analyst
$32.99
$46.46
$5,719
$8,053
Crime Prevention Specialist
$31.33
$44.11
$5,430
$7,646
Custody Officer
$28.74
$40.45
$4,981
$7,011
Custody Supervisor
$38.26
$53.84
$6,632
$9,332
Electronic Specialist
$36.89
$51.91
$6,394
$8,998
Emergency Coordinator
$38.16
$53.66
$6,614
$9,300
Police Animal Control Officer
$28.62
$40.29
$4,961
$6,983
Sr Police Animal Control Officer
$32.99
$46.46
$5,719
$8,053
Police Computer Systems Mgr
$54.19
$76.24
$9,392
$13,214
Police Crime Scene Investigator
$30.26
$42.59
$5,246
$7,383
Sr Police Crime Scene Investigator
$32.73
$46.05
$5,674
$7,981
Police Community Services Officer
$22.98
$35.64
$3,983
$6,178
Sr Police Community Services Officer
$29.30
$41.23
$5,079
$7,146
Police Civilian Investigator
$30.26
$42.59
$5,246
$7,383
Police Civilian Supervisor
$38.26
$53.84
$6,632
$9,332
Police Dispatcher
$29.29
$41.22
$5,077
$7,145
Sr Police Dispatcher
$33.69
$47.39
$5,839
$8,214
Police Fiscal Services/Facility Manager
$43.78
$61.58
$7,589
$10,674
Police IT Analyst
$38.33
$53.92
$6,644
$9,345
Police IT Coordinator
$44.88
$63.15
$7,779
$10,946
Police Mechanic 1
$23.92
$33.64
$4,146
$5,831
Police Mechanic II
$27.70
$38.99
$4,801
$6,758
Sr Police Mechanic
$30.56
$42.98
$5,297
$7,450
Police Recruit
$31.87
-
$5,524
-
Police Rangemaster
$28.54
$40.15
$4,948
$6,959
Police Station Officer
$28.62
$40.29
$4,961
$6,983
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
48
7-59
EXHIBIT B NBPA MOU 2021-2025
The Newport Beach Police Association
Represented Sworn Police Officers and Non -sworn Positions
MOU Term: July 1, 2021 to November 30, 2025
Effective July 15, 2023
2.0% Adjustment
SWORN
Police Officer
$35.89
$61.25
$6,222
$10,617
NON -SWORN
Sr Crime Analyst
$33.65
$47.39
$5,833
$8,214
Crime Prevention Specialist
$31.95
$44.99
$5,538
$7,798
Custody Officer
$29.31
$41.26
$5,081
$7,152
Custody Supervisor
$39.03
$54.92
$6,765
$9,519
Electronic Specialist
$37.63
$52.95
$6,522
$9,178
Emergency Coordinator
$38.92
$54.73
$6,746
$9,486
Police Animal Control Officer
$29.19
$41.09
$5,060
$7,123
Sr Police Animal Control Officer
$33.65
$47.39
$5,833
$8,214
Police Computer Systems Mgr
$55.27
$77.76
$9,580
$13,478
Police Crime Scene Investigator
$30.87
$43.45
$5,351
$7,531
Sr Police Crime Scene Investigator
$33.39
$46.97
$5,787
$8,141
Police Community Services Officer
$23.44
$36.36
$4,063
$6,302
Sr Police Community Services Officer
$29.89
$42.05
$5,180
$7,289
Police Civilian Investigator
$30.87
$43.45
$5,351
$7,531
Police Civilian Supervisor
$39.03
$54.92
$6,765
$9,519
Police Dispatcher
$29.88
$42.04
$5,179
$7,288
Sr Police Dispatcher
$34.36
$48.34
$5,956
$8,378
Police Fiscal Services/Facility Manager
$44.66
$62.81
$7,741
$10,887
Police IT Analyst
$39.10
$54.99
$6,777
$9,532
Police IT Coordinator
$45.78
$64.41
$7,934
$11,165
Police Mechanic 1
$24.40
$34.31
$4,229
$5,948
Police Mechanic II
$28.25
$39.77
$4,897
$6,893
Sr Police Mechanic
$31.17
$43.84
$5,402
$7,599
Police Recruit
$32.50
-
$5,634
-
Police Rangemaster
$29.11
$40.95
$5,047
$7,098
Police Station Officer
$29.19
$41.09
$5,060
$7,123
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
49
7-60
EXHIBIT B NBPA MOU 2021-2025
The Newport Beach Police Association
Represented Sworn Police Officers and Non -sworn Positions
MOU Term: July 1, 2021 to November 30, 2025
Effective July 13, 2024
2.0% Adjustment
SWORN
Police Officer
$36.61
$62.48
$6,346
$10,830
NON -SWORN
Sr Crime Analyst
$34.33
$48.33
$5,950
$8,378
Crime Prevention Specialist
$32.59
$45.89
$5,649
$7,954
Custody Officer
$29.90
$42.08
$5,183
$7,295
Custody Supervisor
$39.81
$56.02
$6,900
$9,709
Electronic Specialist
$38.38
$54.01
$6,652
$9,362
Emergency Coordinator
$39.70
$55.82
$6,881
$9,676
Police Animal Control Officer
$29.78
$41.92
$5,161
$7,265
Sr Police Animal Control Officer
$34.33
$48.33
$5,950
$8,378
Police Computer Systems Mgr
$56.38
$79.32
$9,772
$13,748
Police Crime Scene Investigator
$31.49
$44.31
$5,458
$7,681
Sr Police Crime Scene Investigator
$34.06
$47.91
$5,903
$8,304
Police Community Services Officer
$23.91
$37.08
$4,144
$6,428
Sr Police Community Services Officer
$30.48
$42.89
$5,284
$7,435
Police Civilian Investigator
$31.49
$44.31
$5,458
$7,681
Police Civilian Supervisor
$39.81
$56.02
$6,900
$9,709
Police Dispatcher
$30.47
$42.88
$5,282
$7,433
Sr Police Dispatcher
$35.05
$49.30
$6,075
$8,546
Police Fiscal Services/Facility Manager
$45.55
$64.07
$7,896
$11,105
Police IT Analyst
$39.88
$56.09
$6,912
$9,723
Police IT Coordinator
$46.69
$65.70
$8,093
$11,388
Police Mechanic 1
$24.89
$35.00
$4,314
$6,067
Police Mechanic II
$28.82
$40.56
$4,995
$7,031
Sr Police Mechanic
$31.79
$44.72
$5,511
$7,751
Police Recruit
$33.15
-
$5,747
-
Police Rangemaster
$29.70
$41.77
$5,147
$7,240
Police Station Officer
$29.78
$41.92
$5,161
$7,265
Hourly pay rales rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
50
7-61
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. 2021-129 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 14th day of December, 2021; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15th day of December, 2021.
s
Leilani I. Brown
City Clerk
Newport Beach, California