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HomeMy WebLinkAboutC-1977 - Memorandum of UnderstandingMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH ") and the Newport Beach Police Employees Association (hereinafter called "NBPEA ") and shall apply to all classifications set forth in Appendix "A ". The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT Beach and the NBPEA. The NBPEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBPEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBPEA as the recognized employee organization for the employees in the Police Employees unit, and agrees to meet and confer and otherwise deal i exclusively with NBPEA on all matters within the scope of representation pertaining to the said employees as authorized by law. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBPEA dues, and to deduct such payments from the wages of all NBPEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBPEA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBPEA shall constitute payment of said dues by such members and employees of the NBPEA. ARTICLE III Salaries and Wages NEWPORT BEACH and NBPEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. ARTICLE IV Holidays NEWPORT BEACH agrees to add the following holidays to those observed by the City: Christmas Eve (Last half of the working day) New Year's Eve (Last half of the working day) ARTICLE V Scholastic Achievement Plan NEWPORT BEACH agrees to maintain the existing Scholastic Achievement Plan and to provide the necessary funds to cause each eligible employee to receive all benefits available to him or her under the existing plan during fiscal year 1975 -1976. ARTICLE VII Retirement NEWPORT BEACH and NBPEA agree to a joint valuation of the Amendments to the Retirement System authorized by Assembly Bill 898. NEWPORT BEACH agrees to implement said amendments if such action results in no cost to the City. ARTICLE VIII Other Terms and Conditions of Employment All other terms and conditions of employment of all employees represented by the ASSOCIATION in existence immediately prior to the effective date of this Agreement shall remain unchanged and in full force and effect during the entire term of this Agreement unless altered by mutual agreement of the parties hereto. ARTICLE VI Vacation NEWPORT BEACH agrees to revise the vacation accrual schedule as follows: Yrs. of Continuous Service Accrual Rate 0 but less than 5 96 Hours 5 but less than 9 112 Hours 9 but less than 13 128 Hours 13 but less than 17 144 Hours 17 but less than 21 160 Hours 21 but less than 25 176 Hours 25 and over 192 Hours ARTICLE VII Retirement NEWPORT BEACH and NBPEA agree to a joint valuation of the Amendments to the Retirement System authorized by Assembly Bill 898. NEWPORT BEACH agrees to implement said amendments if such action results in no cost to the City. ARTICLE VIII Other Terms and Conditions of Employment All other terms and conditions of employment of all employees represented by the ASSOCIATION in existence immediately prior to the effective date of this Agreement shall remain unchanged and in full force and effect during the entire term of this Agreement unless altered by mutual agreement of the parties hereto. ARTICLE IX Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and each party expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, or agreement reached prior to the signing of this agreement and not set forth herein. ARTICLE X Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1976, and thereafter from year to year unless within the time frame and in the manner designated in Section 13 TIMETABLE FOR SUBMISSION OF REQUESTS of the Employer - Employee Relations Resolution, either party serves written notice upon the other party of its desire to make changes in this Memorandum. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect as of the lst day of July, 1975. 0 0 ARTICLE XI Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE XII Non - Discrimination NEWPORT BEACH and NBPEA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or non - membership in the NBPEA, or because of race, creed, color, national origin, religious belief, political affiliation, sex, or age. Executed this _�3 OR day of `/ , 1975. CITY OF NEWPORT BEACH THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION By: By: FRA S, Assistant to the GARY PEA RSEN, Representative Ci an er nd Cit R tive f Je E RGE PAPPAS Finance Di t STEPHEN VAN HORN, President, Police and City Repr entative Association STEPHE6fH. SILVER, Representative Ij Approved as to Form: DENNIS O'NEIL, City Attorney 0 0 APPENDIX A Effective July 5, 1975 Police Captain Police Lieutenant Police Sergeant Police Officer Police Woman Emergency Equip. Dispatcher Humane Officer Station Officer Sec. to the Police Chief Parking Control Officer Police Clerk II Police Clerk I Custodial Officer Approx. Mo. Salar Ran a Salary 6. 04-2----6-0—.042 4 — 1,854 2,25 53.037 - 57.037 1,594 - 1,937 50.032 - 54.032 1,370 - 1,666 47.027 - 51.027 1,178 - 1,432 47.027 - 51.027 1,178 - 1,432 42.033 - 46.033 928 - 1,128 42.028 - 46.028 924 - 1,123 42.028 - 46.028 924 - 1,123 41.007 - 45.007 862 - 1,048 39.013 - 43.013 786 - 956 38.032 - 42.032 763 - 927 37.003 - 41.003 706 - 858 40.033 - 44.033 842 - 1,024 RESOLUTION NO. 8535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE AGREEMENT NEGOTIATED BY REPRESENTATIVES OF THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION, AND THE CITY REPRESENTATIVE WHEREAS, Resolution No. 7173 of the City Council of the City of Newport Beach provides that the City Representative and Representatives of the Newport Beach Police Employees Association will meet and confer in good faith regarding matters within the scope of representation; and WHEREAS, the City Representative and Representatives of the Newport Beach Police Employees Association have met and have agreed on those matters within the authority of such representatives; and WHEREAS, the City Representative and Representatives of the Newport Beach Police Employees Association have jointly recommended approval of this agreement by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve the agreement reached and directs that the changes recommended by the agreement be placed into effect on July 1, 1975. ADOPTED this 14th day of JulY , 1975. ATTEST: City Clerk s