HomeMy WebLinkAbout13 - MOU with Police Management AssociationAGENDA ITEM 13
TO: Mayor and City Council
FROM: Sharon Wood, Assistant City Manager
SUBJECT: Memorandum of Understanding with Police Management Association
Background
The Police Management Association (PMA) MOU expired on December 31, 2001.
Pursuant to direction from the City Council, the City's negotiating team has reached
tentative agreement with PMA for a new MOU that will be effective until December 31,
2004. The major provisions of the MOU are the same as those the Council approved for
the Police Employees Association in December 2000.
Summary of Provisions
1. Salary Increases (Same as PEA)
4% January 2002
2% January 2003
4% January 2004
PMA may reopen if CPI exceeds 6 %, and City may reopen if CPI is less than 3 %.
2. Retirement (Same as PEA)
3% @ 50 no later than December 1, 2002
3. Medical (Same as PEA)
Cafeteria Plan
$500 January 2002
$550 January 2003
$575 January 2004
4. If the governor signs legislation approving a Deferred Retirement Option Program
(DROP), reopen to provide benefit on a cost neutral basis.
5. For employees retiring in January 2002, use the new pay rate for final check
including leave pay -off. The new rate becomes effective for active employees when
the first pay period of 2002 begins on January 12.
6. Increase uniform allowance reported to PERS as income from $700 to $1,000 per
year.
Recommendation
Staff believes it is appropriate for Police management employees to receive salary,
retirement and benefit adjustments equivalent to those provided to other Police
employees, and approval of the MOU is recommended.
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• MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Newport Beach Police Management Association ( "NBPMA "),
a recognized employee organization, and the City of Newport
Beach ( "City "), a municipal corporation and charter city,
have been meeting and conferring, in good faith, with
respect to wages, hours, fringe benefits and other terms
and conditions of employment.
2. NBPMA representatives and City representatives have reached
a tentative agreement as to wages, hours and other terms
and conditions of employment for the period from January 1,
2002 to December 31, 2004 and this tentative agreement has
. been embodied in this MOU.
3. This MOU, upon approval by NBPMA represents the total and
complete understanding and agreement between the parties
regarding all matters within the scope of representation.
SECTION 1. - GENERAL PROVISIONS.
A. Recognition.
In accordance with the provisions of the Charter of
the City of Newport Beach, the Meyers - Mi1ias -Brown Act
of the State of California and the provisions of the
Employer /Employee Relations Resolution No. 2001 -50,
the City acknowledges that NBPMA is the majority
representative for the purpose of meeting and
conferring regarding wages, hours and other terms and
conditions of employment for all employees in the
classifications listed in Exhibit A or as
appropriately modified in accordance with the
Employer /Employee Relations Resolution. All other
classifications and positions not specifically
included within Exhibit "A" are excluded from
. representation by NBPMA.
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Duration of Memorandum. •
Except as specifically provided otherwise, any
ordinance, resolution or action of the City Council
necessary to implement this MOU shall be considered
effective as of January 1, 2002. This MOU shall
remain in full force and effect until December 31,
2004, 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.
Scope.
1. The terms and conditions of this MOU shall
prevail over conflicting provisions of the
Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport
Beach, and federal and state statutes, rules and
regulations which either specifically provide
that agreements such as this prevail, confer
rights which may be waived by any collective
bargaining agreement, or are, pursuant to •
decisional or statutory law, superseded by the
provisions of an agreement similar to this MOU.
2. All present written rules and current established
practices and employees, rights, privileges and
benefits that are within the scope of
representation shall remain in full force and
effect during the term of this MOU unless
specifically amended by the provisions of this
MOU.
3. Pursuant to this MOU, the City reserves and
retains all of its inherent exclusive and non-
exclusive managerial rights, powers, functions
and authorities ( "Management Rights ") as set
forth in Resolution No. 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;
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(c) To assign work to employees
appropriate;
(d) The direction and supervision
employees;
(e) The discipline of employees;
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as deemed
of its
(f) The power to relieve employees from duty for
lack of work or other legitimate reasons;
(g) To maintain the efficiency of operations;
(h) To determine the methods, means and
personnel by which Police Department
operations are to be conducted;
(i) The right to take all necessary actions to
fulfill the Department's responsibilities in
the event of an emergency;
• (j) The exercise of complete control and
discretion over the manner of organization,
and the appropriate technology, best suited
to the performance of departmental
functions.
The practical consequences of a Management
Rights decision on wages, hours, and other
terms and conditions of employment shall be
subject to the grievance procedures.
D. Release Time.
1. NBPMA members shall be allowed to
participate in the following activities
during scheduled working hours without loss
of pay ( "Release Time "):
(a) Attendance at meetings, conferences,
seminars or workshops related to
matters within the scope of
representation;
(b) To prepare for, travel to, and attend
scheduled meetings between the City and
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NBPMA during the meet and confer
process.
(c) To travel to and attend scheduled
grievance and disciplinary hearings.
(d) To meet, for up to one hour, with their
representative prior to a hearing
described in (d) above.
2. City grants NBPMA 100
per calendar year
activities described
NBPMA may accumulate
City - provided Release
hours of Release Time
to engage in the
in subsection 1(a).
up to 300 hours of
Time.
3. City grants NBPMA members the right to
engage in the activities described in
subsections 1(b), (c), and (d) at any time
without reduction to the Release Time
granted in subsection 2.
4. NBPMA shall designate certain members as
those members entitled to release time. In
no event shall any one designate be entitled
to use more than 100 hours of Release Time
(exclusive of actual time spent meeting with
City representatives on matters relating to
the scope of representation), within any
calendar year. Designates must give
reasonable advance notice to, and obtain
permission from, their supervisor prior to
use of release time, or prior to adjusting
work hours per subsection 4 (a) . Requests
for release time shall be granted by the
supervisor unless there are 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.
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a. Any NBPMA negotiating team member may
request and shall (subject to the
approval process above) be granted flex
work hours on any scheduled workday Is
which the negotiating team
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member is to attend a meet and confer
session. Employees may flex
start /finish time up to two (2) hours.
E. Bulletin Boards.
Space shall be provided on bulletin boards within the
Police Department at their present location for the
posting of notices and bulletins relating to NBPMA
business, meetings, or events. All materials posted
on bulletins boards shall indicate the name of the
organization responsible. Material posted shall not
contain personal attacks on any City official or
employee, any material which constitutes harassment,
discrimination or retaliation on the basis of race,
gender, ethnicity, religion or other statutorily or
constitutionally impermissible basis, as well as any
pornographic or obscene material.
F. No Strike.
The parties recognize their mutual responsibility to
provide the citizens of Newport Beach with
uninterrupted municipal services and, therefore, for
the term of this MOU, the parties agree not to conduct
concerted strike, work slowdown, sick -out, withholding
of services, or lockout activities.
G. Conclusiveness.
This MOU contains all of the covenants, stipulations,
and provisions agreed upon by the parties. Therefore,
for the life of this MOU, neither party shall be
compelled, and each party expressly waives its rights
to request the other to meet and confer concerning any
issue within the scope of representation except as
expressly provided herein or by mutual agreement of
the parties. No representative of either party has
the authority to make, and none of the parties shall
be bound by, any statement, representation or
agreement reached prior to the execution of this MOU
and not set forth herein.
H. Modifications.
. Any agreement, alteration, understanding, variation,
or waiver or modification of any of the terms or
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provisions of this MOU shall not be binding upon the
parties unless contained in a written document
executed by authorized representatives of the parties.
I. Savings.
Should any part of this MOU be rendered or declared
illegal or invalid by legislation, decree of court of
competent jurisdiction or other established
governmental administrative tribunal, such
invalidation shall not affect the remaining portions
of this MOU.
J. Impasse.
In the event of an impasse (the failure to agree on a
new MOU after the express term of the existing MOU has
expired), the parties may agree on mediation pursuant
to the procedure outlined in Section 16 of Resolution
No. 2001 -50 or a successor resolution.
SECTION 2. - COMPENSATION.
A. Direct Wage Payments.
1. Salary
Effective the first pay period in January, 2002,
the City shall increase base salary for the NBPMA
employees by four (4 %) percent.
Effective the first pay period in January, 2003,
the City shall increase base salary for all NBPMA
employees by two (2 %) percent.
Effective the first pay period in January, 2004,
the City shall increase base salary for the NBPMA
employees by four (4 %) percent.
2. NBPMA shall have the right to reopen negotiations
on the general increase scheduled for January,
2004 if the Consumer Price Index for Los Angeles,
Riverside, Orange County All Urban Consumer
increases by more than six (6 %) percent for the
twelve (12) months ending July, 2003. The City
shall have the right to reopen if the Index
increases by less than three (3 %) percent.
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2. Code Seven /Duty Incentive Time.
The City and NBPMA have agreed to entitlement to
compensation for duty incentive time and Code
Seven time based upon implementation of the 9/80
work schedule (since modified to 3 -12, with
concurrence of NBPMA) and a settlement agreement
between the City and NBPMA. NBPMA and its
members agree that the provisions and rules
relative to entitlement to compensation for duty
incentive time or Code Seven time survive the
termination of this MOU, that the provisions of
the settlement agreement are in full force and
effect, and that no request for compensation for
duty incentive time or Code Seven time at
variance with the provisions of existing rules or
the settlement agreement shall be made at any
time in the future by NBPMA or any of its
members.
3. Overtime.
(a) Employees shall be entitled to overtime
compensation at the rate of time and one
half for hours worked in excess of their
regularly scheduled shift. Paid time off
shall be considered time worked for overtime
calculation purposes.
(b) Overtime compensation shall be in the form
of compensatory time off or pay at the
election of the employee. Maximum
compensatory time accrual shall be 91 hours.
All overtime worked for employees at the CTO
maximum shall be paid. The parties agree
that the current practice of accruing and
utilizing CTO is reasonable and shall
continue for the term of this agreement.
(c) NBPMA members occupying the position of
Captain shall not be entitled compensatory
time off for overtime. City and NBPMA agree
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that the position of Captain is properly
considered exempt from the overtime
requirements of FLSA. However, NBPMA
members occupying the position of Captain
shall be eligible for up to 80 hours of
administrative leave per calendar year. The
precise amount of administrative leave
granted each Captain shall be based upon the
recommendation of the Police Chief and
approved by the City Manager. Administrative
leave may not be carried forward from one
calendar year to the next.
(e) With the approval of the Division
Commander, NBPMA members assigned to
non -shift assignments may work certain
holidays if they occur on regularly
scheduled work days.
Additional Compensations.
1. Scholastic Achievement Pay.
Sworn NBPMA members are entitled to
additional compensation contingent upon
scholastic achievement ( "Scholastic
Achievement Pay ").
Sworn NBPMA members may apply for increases
pursuant to this Section when eligible and
scholastic achievement pay shall be included
in the member's paycheck for the pay period
immediately after approval by the Chief of
Police. It is the responsibility of the
NBPMA member to apply for Scholastic
Achievement Pay. Approval of the member's
application shall not be unreasonably
withheld or delayed, and the member shall
not be entitled to receive scholastic
achievement pay prior to the date the
application is approved even though the
member may have been eligible prior to
approval. Scholastic achievement pay is
contingent upon years of service and the
number of units and /or degrees received by
the employee. Qualifying units and /or
degrees must be awarded by accredited
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• community colleges, state colleges or
universities. The following is a schedule
of monthly payments pursuant to the
Scholastic Achievement Program:
Years of
Service:
60 Units:
90 Units:
BA BS
MA /MS /JD:
2
1%
1%
1%
1%
3
2%
3%
5.5%
6.5%
4
2%
3%
5.5%
6.5%
Educational incentive payments shall be made
only for units /degrees above the minimum
qualifications called out in the job
descriptions. Individuals receiving pay in
this category (minimum units /degrees) as of
January 1999 shall retain the compensation,
however.
• 2. Holiday Pay.
NBPMA members shall accrue 96 hours of
holiday time each fiscal year (July 1
through June 30th) , at the rate of 3.7 hours
per pay period. NBPMA members may (a) use
holiday time as paid time off work, (b)
convert holiday time to flex leave or
vacation leave or (c) receive pay for
holiday time as specified in this Section.
An election to receive holiday compensation
as pay shall be made on a one time
irrevocable basis in accordance with PERS
regulations only holiday pay irrevocably
elected is "PERSable ". The NBPMA members
may use holiday time as paid time off work,
convert holiday time to flex leave or
vacation leave, or receive pay for holiday
time as specified in this Section. NBPMA
members who have not used all holiday time
accrued during any fiscal year shall, during
the month of July, elect either to convert
. unused holiday time to flex leave (or
vacation leave if the member is in the
vacation leave /sick leave program) or to be
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paid for unused holiday time at the members •
normal hourly rate of pay, provided,
however, NBPMA members shall not be entitled
to convert holiday time to flex leave to the
extent that the conversion would cause the
amount of flex leave accrued to exceed the
Flex Leave Accrual Threshold. In the
absence of an election during July, the
members shall receive pay for unused holiday
time at their normal hourly rate. NBPMA
members who elect to receive pay for unused
holiday time shall receive compensation in
their paycheck for the last pay period in
August. In no event shall any NBPMA member
be entitled to receive holiday pay until
serving at least thirty (30) consecutive
calendar days in active paid status.
3. . Leave Pay -Off
For the term of the agreement, NBPMA members
shall receive payment for any accrued leave
upon termination at the rate of 109% of .
their base hourly rate.
4. July 4th
The Police Department has the discretion to
schedule any of its employees to work a
regular work day on July 4th, regardless of
the day of the week or job assignment. This
may include modifying work schedules and /or
days off according to deployment needs.
Sergeants and Lieutenants 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.
Section 3. - LEAVES.
A. Pay for Time not worked.
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• 1. Flex Leave.
(a) NBPMA personnel hired prior to July 1, 1996,
shall accrue flex leave at the following
rates. It is mutually understood that
accrual rates have been modified to provide
for the longevity increase set forth below:
Years of Adjusted Accrual Longevity Pay
Continuous Service Per Pay Period Increase
1/2 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
5.23077
5.84616
6.46152
7.07696
7.07696 .77%
7.07696 1.54%
7.07696 2.3%
(b) NBPMA personnel hired after July 1, 1996,
shall accrue flex leave at the following
rates. It is mutually understood that
. accrual rates have been modified to provide
for the longevity increase set forth below:
Years of Adjusted Accrual Longevity Pay
Continuous Service Per Pay Period Increase
1/2
but
less
than 5
4.61538
5 but
less
than
10
5.53846
10
but
less
than 16
6.46152
16
but
less
than 20
7.07696 .77%
20
but
less
than 25
7.07696 1.54
25
and
over
7.07696 2.3%
NBPMA and the City acknowledge that
employees assigned the 9/81 work schedule
accrue one (1) additional hour per pay
period in addition to the accrual levels set
forth in subsections 1(a) and 1(b) above.
(c) The Flex leave program shall be administered
as follows:
. (i) NBPMA members shall not accrue flex
leave until continuously employed by
the Newport Beach Police Department for
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a period of six (6) months provided,
however, if a member on the flex leave
program becomes sick during the first
six months of employment, the City will
advance up to thirteen (13) pay periods
of paid leave time for use by the
member to recover from illness. In the
event the City advances paid leave time
and the employee is terminated or
resigns before completing six months of
continuous employment, the member's
final check shall be reduced by an
amount equal to the number of flex
leave hours advanced multiplied by the
member's hourly rate of pay.
NBPMA members shall accrue thirteen pay
periods of flex leave immediately upon
completion of six (6) months continuous
employment with the Newport Beach
Police Department, provided however,
this amount shall be reduced by any
flex leave time advanced during the
first six months of employment. •
(iii)Members employed by the City prior to
initiation of the flex leave program
have had then current accrued vacation
time converted to flex leave on an hour
for hour basis with then current sick
leave placed in a bank to be used as
provided in Section 703 et seq. of the
Personnel Resolution. Members entitled
to use sick leave pursuant to Section
703.1 of the Personnel Resolution must
notify appropriate department personnel
of their intention to access the sick
leave bank and, in the absence of
notification, absences will be charged
to the member's flex leave account.
Members who wish to convert an absence
from flex leave to sick leave must
submit a written request to the Chief
of Police within twenty (20) days after
the absence (20 days from the last
absence in the event the member was .
continuously absent for more than one
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• day) specifying the nature of the
illness and the person notified of the
intent to use sick leave, or the
reasons for the failure to notify
appropriate department personnel. The
Chief of Police shall grant the request
for conversion if the member submits a
written statement signed by his or her
attending physician confirming the
illness and the Police Chief determines
that the member's failure to notify
appropriate departmental personnel was
reasonable under the circumstances.
(iv) NBPMA members shall be entitled to
accrue flex leave up to seventy -eight
(78) times the members bi- weekly flex
leave accrual rate (Flex Leave Accrual
Threshold). NBPMA members first hired
by the City prior to July 1, 1996,
shall be paid for all flex leave that
accrues in excess of the flex leave
• accrual threshold (Flex Leave Spillover
Pay). Flex Leave Spillover Pay will be
paid at the member's regular hourly
rate of pay. NBPMA members who have
not utilized at least 80 hours of flex
leave during the prior calendar year
shall not accrue flex leave in excess
of the Flex Leave Accrual Threshold and
shall not be entitled to Flex Leave
Spillover Pay.
NBPMA members first hired, or rehired
by the City subsequent to July 1, 1996,
shall not be eligible for Flex Leave
Spillover Pay and shall not be entitled
to accrue flex leave in excess of the
Flex Leave Accrual Threshold.
(v) All requests for scheduled flex leave
shall be submitted to appropriate
department personnel. Flex leave may
be granted on an hourly basis. In no
event shall a member take or request
• flex leave in excess of the amount
accrued.
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(vi) Members shall be paid for all accrued •
flex leave at their then current hourly
rate of pay upon termination of the
employment relationship.
B. Bereavement Leave.
Bereavement Leave shall be defined as the necessary
absence from duty by an employee having regular or
probationary appointment because of the death or
terminal illness in his /her immediate family. NBPMA
members shall be entitled to 40 hours of bereavement
leave per incident (terminal illness followed by death
is considered one incident). Parents and siblings of
spouses shall be considered part of the immediate
family for the purposes of this section.
C. Workers Compensation Leave.
In accordance with Section 4850 of the Labor Code,
unit employees shall be entitled to leave of absence
while disabled without loss of salary for the period
of the disability, not to exceed one year.
SECTION 4. - RETIREMENT.
A. Retirement Benefits.
1. The City shall pay each member's required PERS
retirement contribution (996 of salary for sworn
employees). City payments pursuant to this
Section shall be deemed to be member
contributions under the Public Employees
Retirement System and recoverable by the member
as such in accordance with the rules and
regulations promulgated by PERS. These amounts
will be reported to PERS monthly as special
compensation for retirement purposes.
2. The City has implemented the Level 4 1959
survivor's benefits for NBPMA members.
3. The City has amended its contract with the Public
Employees' Retirement System to implement the 3%
at 55 Retirement Program. The ongoing cost of
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shall be borne by the
The City of Newport Beach will, no later than
December 1, 2002, amend its contract with the
Public Employees Retirement System to implement
the 3% at 50 Retirement Program. The on -going
cost of this retirement change shall be borne by
the City.
SECTION 5. - FRINGE BENEFITS.
A. Health /Dental Insurance.
1. The City has implemented an IRS qualified
Cafeteria Plan. NBPMA members shall join this
plan effective January 2002. The City
contribution toward the Cafeteria Plan shall be
as set forth below. In addition, the City shall
contribute a total of $16 towards medical
insurance. Employees shall have the option of
allocating Cafeteria Plan contributions towards
the City's existing medical, dental and vision
insurances /programs. The City and the Newport
Beach Police Management Association will
cooperate in pursuing additional optional
benefits to be available through the Cafeteria
Plan.
Any unused Cafeteria Plan funds shall be payable
to the employee as taxable cash back. Employees
shall be allowed to change coverages in
accordance with plan rules during regular open
enrollment periods.
Effective January, 2002, the City's contribution
towards the Cafeteria Plan will be $484 (plus the
$16 medical contribution).
Effective January, 2003, the City's contribution
towards the Cafeteria Plan will increase to $534
(plus the $16 medical contribution).
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Effective January, 2004, the City's contribution
towards the Cafeteria Plan will increase to $559
(plus the $16 medical contribution).
Effective upon the ratification of this
agreement, NBPMA members who do not want to
enroll in any health care plan offered by the
City must provide evidence of health care
insurance coverage, and execute an agreement
releasing the City from any responsibility or
liability to provide health care insurance
coverage on an annual basis.
Benefits Information Committee.
City has established a Medical /Dental Information
Committee composed of one representative from
each employee group and up to three City
representatives. The Medical /Dental Information
Committee has been established to allow the City
to present data regarding carrier and coverage
options, the cost of those options, appropriate
coverage levels and other health care issues.
The purpose of this Committee is to provide each •
employee group with information about health care
issues and to receive timely input from
associations regarding preferred coverage options
and levels of coverage.
Retiree Medical Insurance
An employee is eligible for retiree medical
benefits after seven years of service if the
employee retires from the City and is a PERS
annuitant.
The City has implemented the $400 cap for retiree
medical insurance contributions as agreed to by
the City and the Newport Beach Police Management
Association in previous Memoranda of
Understanding. In accordance with these
agreements, the City and active employees shall
be responsible for 3 /4ths (1/2 City and 1/4
actives) of retiree medical insurance cost to a
maximum of $400. Retirees shall be responsible
for the remaining 1/4. The employee's current is
of the retirement contribution in
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. accordance with the formulas set forth above
shall be $27.47 per month. Subsequent
contribution levels shall be set in January,
annually, in accordance with the formula
described above, commencing in January 2002.
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In addition to the contributions above, current
employees shall contribute $10 per month and the
City shall contribute $20 per employee per month
to accumulate funds to meet unfunded retiree
medical liabilities. This contribution shall
continue until the liability is fully funded.
The City shall maintain separate, account for
retiree medical funding. The account for unfunded
retiree medical liabilities shall be interest
bearing. Statements of these accounts shall be
available to all affected employee organizations.
B. Disability Insurance.
The City shall provide disability
following provisions:
Weekly Benefit
gross weekly wages
Maximum Benefit (mo.)
Minimum Benefit
Waiting Period
insurance with the
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$ $8,000
$50
30 Calendar Days
Employees shall not be required to exhaust accrued
paid leaves prior to receiving benefits under the
disability insurance program. Employees may not
supplement the disability benefit with paid leave once
the waiting period has been exhausted.
Employees shall assume responsibility for the payment
of the disability insurance.
Concurrent with implementation of the new disability
insurance program, the industrial accident leave
policy of the City (Section 8.03.2.1 1998 Personnel
Rules) has been eliminated.
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C. Section 125 Plan.
Section 125 of the Internal Revenue Code authorizes an
employee to reduce taxable income by City payment of
allowable expenses such as childcare and medical
expenses. City shall maintain a "reimbursable account
program" in accordance with the provisions of Section
125 of the Internal Revenue Code, pursuant to which an
NBPMA member may request that medical, child care and
other eligible expenses be paid or reimbursed by the
City out of the employee's account, with the base
salary of the employee reduced by the amount
designated by the employee to be placed into that
account. The City's obligation to establish a
reimbursable account program is contingent upon the
City incurring no cost or potential liability relative
to the plan or its administration. City shall
cooperate to the fullest extent of the law provided,
however, City may require the plan to contain
provisions that authorize the administrator to pay
allowable expenses only upon submittal of a demand
from the City. Any "reduction" in salary pursuant to
this Section and /or the Section 125 Plan established
by the City, shall not affect any other provision of
.
this MOU.
D. Employee Assistance Program.
City shall provide an Employee Assistance Program
through a properly licensed provider. NBPMA members
and their family members may access the Employee
Assistance Program at no cost subject to provider
guidelines.
E. Tuition Reimbursement.
NBPMA members attending accredited community colleges;
colleges, trade schools or universities may apply for
reimbursement of one hundred percent (100 %) of the
actual cost of tuition, books, fees or other student
expenses for approved job- related courses. Maximum
tuition reimbursement for sworn personnel shall be
$600.00 per fiscal year. Reimbursement is contingent
upon the successful completion of the course.
Successful completion means a grade of "C" or better
for undergraduate courses and a grade of "B" or better
for graduate courses. All claims for tuition
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reimbursement require the approval of the Chief of
Police and the Human Resources Director.
SECTION 6. - MISCELLANEOUS PROVISIONS.
A. Schedule.
1. Employees currently work a variety of alternative
work schedules (some trial) as approved by the
Chief of Police. They include 3/12 and 4/10.
The basic work schedule shall be considered the
9/81 for the term of this MOU. Subject to the
right to re -open as specified in this
subparagraph, 9/81 shall be the standard work
schedule for the term of this MOU. The 9/81
schedule will be structured to allow for 130 days
off during the calendar year. NBPMA members
shall be entitled to eleven (11) days off for ten
months of the year and ten (10) . days off during
two months of the year. The Chief of Police
shall determine the months during which NBPMA
members shall receive ten days off. The Chief of
Police shall also have the right to alter the
work schedule of any NBPMA member assigned to any
multi- agency or regional task force.
Upon notice, the parties shall meet and confer,
in good faith, regarding the appropriate work
schedule(s) for NBPMA members.
2. City shall have the right to designate a 14 day
or 28 day work period pursuant to Section 29
U.S.C. 507(k) (117 K Exemption "), provided,
however, the 7 K Exemption shall not affect the
City's obligation to pay overtime pursuant to
provisions of this MOU including the provisions
of Section 2.A.3.
3. The parties agree that the following procedures
are consistent with good police practices,
provide each NBPMA member with ample time to
perform all required duties, and comply with the
Fair Labor Standards Act:
(a) All Patrol Supervisors are required to
report to work 15 minutes early;
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(b) All Patrol Supervisors acknowledge and agree
that normally, they are to leave at the end
of their shift, that they shall not
routinely perform duties beyond the end of
their shift, that the 15 minutes allotted
for briefing preparation is adequate, and
they will comply with an order issued by the
Chief of Police consistent with this MOU;
(c) The 15 minutes per shift shall be converted
to compensatory time on a straight time
basis and placed in a compensatory time off
bank, which the member may use as flex
leave, vacation leave or sick leave, but for
which the member would not be paid at any
time.
B. Scheduling of Medical Treatment for Industrial
Injuries
1. Time spent by an employee receiving medical
attention during the employee's normal working .
hours is considered hours worked and compensable,
when the City or it's representative schedules
the appointment.
2. When an employee is temporarily totally disabled
due to an industrial injury, and is unable to
perform even limited duty in the workplace, all
appointments, whether arranged by the City or the
employees, shall be considered as occurring
during normal working hours. The employee shall
not be entitled to any additional compensation,
regardless of the employee's regular work
schedule or the type of compensation currently
received, except as otherwise required by law.
3. when an employee has been released to either full
or limited duty and has returned to the
workplace, time spent receiving ongoing 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
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• 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.
C. Reductions in Force /Layoffs.
The provisions of this section shall apply when the
City Manager determines that a reduction in the work
force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work
force, a reduction in municipal services, a reduction
in the demand for service or other reasons unrelated
to the performance of duties by any specific employee.
Reductions in force are to be accomplished, to the
extent feasible, on the basis of seniority within a
particular Classification or Series and this Section
should be interpreted accordingly.
0 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.
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(c) "Classification" shall mean one or more full
time positions identical or similar in
duties and embraced by a single job title
authorized in the City budget and shall not
include part -time, seasonal or temporary
positions. Classifications within a Series
shall be ranked according to pay (lowest
ranking, lowest pay).
(d) "Series" shall mean two or more
Classifications within a Department which
require the performance of similar duties
with the higher ranking Classification(s)
characterized by the need for less
supervision by superiors, more difficult
assignments, more supervisory
responsibilities for subordinates. The City
Manager shall determine those
Classifications which constitute a Series.
(e) "Bumping Rights ", "Bumping" or "bump" shall
mean the right of an employee, based upon
seniority within a series, to displace a
less senior
employee in a
lower
Classification
within the
Series.
No
employee shall have
the right
to bump into a
Classification for which the
employee
does
not possess the
minimum qualifications
such
as specialized
education,
training
or
experience.
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;
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. (c) An employee subject to layoff in one
Classification shall have the right to Bump
a less senior employee in a lower ranking
Classification within a Series. An employee
who has Bumping Rights shall notify the
Department Director within three (3) working
days after notice of layoff of his /her
intention to exercise Bumping Rights.
(d) In the event two or more employees in the
same Classification are subject to layoff
and have the same seniority, the employees
shall be laid off in inverse order of their
position on the eligibility list or lists
from which they were appointed. In the
event at least one of the employees was not
appointed from an eligibility list, the
Department Director shall determine the
employee(s) to be laid off.
• 3. Notice.
Employees subject to lay -off shall be given at
least thirty (30) days advance notice of the
layoff or thirty (30) days pay in lieu of notice.
In addition, employees laid off will be paid for
all accumulated paid leave, holiday leave (if
any) , and accumulated sick leave to the extent
permitted by the Personnel Resolution.
4. Re- Employment.
Permanent and probationary employees who are laid
off shall be placed on a Department re- employment
list in reverse order of layoff. The re-
employment list shall remain in effect until
exhausted by removal of all names on the list.
In the event a vacant position occurs in the
Classification which the employee occupied at the
time of layoff, or a lower ranking Classification
within a Series, the employee at the top of the
Department re- employment list shall have the
. right to appointment to the position, provided,
he or she reports to work within seven (7) days
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of written notice of appointment. Notice shall .
be deemed given when personally delivered to the
employee or deposited in the U.S. Mail,
certified, return receipt requested, and
addressed to the employee at his or her last
known address. Any employee shall have the right
to refuse to be placed on the re- employment list
or the right to remove his or her name from the
re- employment list by sending written
confirmation to the Human Resources Director.
5. Severance Pay.
Permanent employees who are laid off shall, as of
the date of lay -off, receive one -week severance
pay for each year of continuous service with the
City of Newport Beach.
Grievance Procedure.
1. Definition.
The term "grievance" means a dispute between NBPMA
or any member and the City regarding the is
interpretation or application of rules or
regulations governing the terms and conditions of
employment, any provision of the Personnel
Resolution, any provision of Resolution No. 2001-
50, or this MOU.
2. Guidelines.
Any NBPMA member may file a grievance without
fear of retaliation or any adverse impact on any
term or condition of employment.
(a) A grievance shall not be filed to establish
new rules or regulations, change prevailing
ordinances or resolutions, nor circumvent
existing avenues of relief where appeal
procedures have been prescribed.
(b) A member may be self- represented or
represented by one other person.
(c) A member and any representative shall be .
given notice of the time and place of any
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. 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.
(a) Steps.
NBPMA members occupying the position of
Sergeant or Lieutenant shall present any
grievance to the supervising Captain, and
may appeal the decision of the supervising
Captain to the Chief of Police and City
Manager by complying with the procedures in
this subsection. Any member occupying the
position of Captain shall present any
grievance to the Chief of Police, and may
appeal the decision to the City Manager by
following the procedures outlined in this
subsection. The decision of the City
Manager shall be final.
(b) Written Notice.
All grievances shall be submitted in
writing. The grievance shall be submitted
within ten (10) working days after the
member knew, or in the exercise of
reasonable diligence should have known, of
the act or events upon which the grievance
is based. The grievance shall contain a
complete statement of the matters at issue,
the facts upon which the grievance is based,
and the remedy requested by the member. All
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appeals shall be in writing and, in addition .
to the matters which must be stated in any
grievance, shall specify the decision or
decisions which form the basis of the
appeal. Grievances and appeals shall be
deemed submitted when personally delivered
to the appropriate supervisor or the Chief
of Police.
(c) Hearings /Meetings.
The appropriate supervisor, Chief of Police
or City Manager shall meet with the member
and any representative in an effort to
resolve the grievance. The meeting shall be
conducted within ten (10) working days after
the appeal or grievance is served. The
meeting shall be informal and the discussion
should focus on the issues raised by the
grievance. Written decisions on the
grievance or appeal shall be served on the
employee within ten (10) working days after
the meeting.
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4. General Grievance.
A general grievance affecting more than one NBPMA
member may be filed by NBPMA on behalf of the
affected employees with the Chief of Police. The
grievance shall contain a complete statement of
the matters at issue, the facts upon which the
grievance is based, and the remedy requested by
NBPMA. The Chief of Police shall meet with NBPMA
representatives within ten (10) days following
receipt of the grievance and provide a written
decision on the grievance within ten (10) working
days after the meeting. In the event NBPMA is
dissatisfied with the decision of the Chief of
Police, it may appeal to the City Manager by
following the procedures outlined in Step 4 of
the procedure applicable to employees. In the
event NBPMA is dissatisfied with the decision of
the City Manager, it may appeal the decision to
the Civil Service Board by filing a written 0
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notice of appeal within fifteen (15) days after
receipt of the decision.
E. Direct Deposit.
All Unit employees shall participate in the City's
Direct Deposit Program.
F. Reopener.
The City and NBPMA agree to reopen negotiations on a
Deferred Retirement Option Program should it become
available. Any implementation during the term of this
agreement will be on a cost neutral basis to the City.
G. Payout.
Final paychecks, including leave payouts, will be at
the rate of pay effective the first pay period in
January for any employee retiring in January, 2002.
H. Uniform Allowance.
Effective immediately, the City will begin reporting
to PERS a uniform allowance amount of $1,000 per year.
Executed this day of
2001:
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
as
Fred Heinecke
CITY OF NEWPORT BEACH
By:
Tod Ridgeway
. Mayor
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ATTEST:
By:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
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