HomeMy WebLinkAbout2022-44 - Adopting a Memorandum of Understanding with the Newport Beach Police Management Association (NBPMA) and Associated Salary ScheduleRESOLUTION NO. 2022-44
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 CITY OF
NEWPORT BEACH POLICE MANAGEMENT
ASSOCIATION AND AMENDING THE ASSOCIATED
SALARY SCHEDULES
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-MiIias-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 with
the Newport Beach Police Management Association ("NBPMA") a recognized
organization, for the term of March 30, 2019 through June 30, 2022;
WHEREAS, representatives from the City and NBPMA 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 NBPMA attached hereto as Exhibit A and incorporated herein by
this reference;
WHEREAS, the City was notified that NBPMA members have voted to approve
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 class or position in City employment;
WHEREAS, the City Manager has reviewed the changes to the salary schedules
provided in this resolution and recommends approval;
Resolution No. 2022-44
Page 2 of 3
WHEREAS, the City Council received and considered the Memorandum of
Understanding at its regular meeting on June 14, 2022;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedule for NBPMA unit members to be in conformance with the Memorandum
of Understanding and to amend the salary schedule for the Assistant Police Chief
classification to be in conformance with the Key & Management Compensation Plan; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2019-2022 Memorandum of Understanding between the City and NBPMA by adopting
the Memorandum of Understanding attached hereto as Exhibit A to serve as the
successor agreement between the City and NBPMA for the period July 1, 2022 through
June 30, 2026.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby adopt the Memorandum of
Understanding that is attached hereto and incorporated herein as Exhibit A. Wages,
hours, fringe benefits, and other terms and conditions of employment for employees
represented by NBPMA 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 NBPMA for the period July 1, 2022 through
June 30, 2026.
Section 2: The Memorandum of Understanding shall be effective from the dates
of July 1, 2022 through June 30, 2026.
Section 3: The City's salary schedule shall be modified to reflect the salaries set
forth in Exhibit A and the salaries for the Assistant Police Chief classification as set forth
in Exhibit B. Any resolution, or part thereof, in conflict with this resolution shall be of no
effect.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
Resolution No. 2022-44
Page 3 of 3
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28t" day of June 2022.
Kevin MKTdoon
Mayor
ATTEST:
'
40 P
4,
Leilani I. "own
C'
City Clerk
APPROVED AS TO FORM:
00
CITY ATTORNEY'S OFFICE
. C �----
Aaron C. Harp
City Attorney
Exhibit A -
X
Memorandum of Understanding between the City of Newport Beach and
the Newport Beach Police Management Association
Exhibit B - Assistant Police Chief Salary Schedule
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
POLICE MANAGEMENT ASSOCIATION
July 1, 2022 through June 30, 2026
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Recognition...................................................................................................................... 1
Term................................................................................................................................ 1
ReleaseTime.................................................................................................................. 2
Scope.......................................................................................... .................................... 3
Conclusiveness............................................................................................................... 4
Modifications.................................................................................................................... 4
BulletinBoards................................................................................................................ 4
NoStrike.......................................................................................................................... 4
Savings............................................................................................................................ 4
Impasse........................................................................................................................... 5
Section 2. Compensation
SalaryAdjustments.......................................................................................................... 5
Code Seven/Duty Incentive Time.................................................................................... 5
Overtime.......................................................................................................................... 6
UniformAllowance........................................................................................................... 8
ScholasticAchievement Pay........................................................................................... 8
Special Leadership Compensation.................................................................................. 9
LongevityPay.................................................................................................................. 9
July4..............................................................................................................................10
BilingualPay.................................................................................................................. 10
MotorcycleAssignment...................................................................................................10
Section 3. Leaves
FlexLeave..................................................................................................................... 11
HolidayTime...................................................................................................................13
BereavementLeave....................................................................................................... 13
LeaveSellback.............................................................................................................. 14
Scheduling of Medical Treatment for Industrial Injuries ................................................. 14
Non -Accruing Leave Bank............................................................................................. 15
Section 4. Fringe Benefits
HealthInsurance........................................................................................................... 15
Additional Insurance/Programs.......................................................................................18
Employee Assistance Program...................................................................................... 19
RetirementBenefits....................................................................................................... 19
RetireeMedical Benefit.................................................................................................. 21
DeferredCompensation................................................................................................. 26
TuitionReimbursement................................................................................................... 26
PhysicalFitness Qualifier........................................................................................................26
Section 5. Miscellaneous Provisions
Reductionin Force/Layoffs............................................................................................ 27
Schedule....................................................................................................................... 29
GrievanceProcedure..................................................................................................... 30
DirectDeposit................................................................................................................ 33
ContractNegotiations.................................................................................................... 33
Recoupment of Overpayments...................................................................................... 33
FuneralExpenses......................................................................................................... 33
Exhibit A - Represented Classifications and Pay Rates .................................................... 35
Exbibit B - Physical Fitness Qualifier........................................................................... 39
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
The Newport Beach Police Management Association ("NBPMA" or "Association"),
a recognized employee organization, and the City of Newport Beach ("City"), a
municipal corporation and charter city, have been meeting and conferring, in good
faith, with respect to wages, hours, fringe benefits and other terms and conditions
of employment.
2. This MOU, upon approval by NBPMA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters set forth herein.
SECTION 1. - General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers-
Milias-Brown Act of the State of California and the provisions of the Employer's/Employee
Labor Relations Resolution No.2001-50, the City acknowledges that NBPMA is the
majority representative for the purpose of meeting and conferring regarding wages, hours
and other terms and conditions of employment for all employees in the classification
of Police Sergeant and Police Lieutenant
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, 2022.
This MOU shall remain in full force and effect until June 30, 2026, 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.
1 NBPMA MOU 2022-2026
E
C. 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 NBPMA during the meet and confer process.
c. To travel to and attend scheduled grievance and disciplinary hearings.
d. To meet, for up to one (1) hour, with their representative prior to a hearing
described in (c) above.
2. City grants NBPMA one hundred (100) hours of Release Time per calendar year
to engage in the activities described in subsection 1 (a). NBPMA may accumulate
up to three hundred (300) hours of City -provided Release Time.
3. City grants NBPMA members the right to engage in the activities described in
subsections 1 (b), (c), and (d) at any time without reduction to the Release Time
granted in subsection 2
4. NBPMA shall designate certain members as those members entitled to Release
Time. In no event shall any one designate be entitled to use more than one
hundred (100) hours of Release Time (exclusive of actual time spent meeting
with City representatives on matters relating to the scope of representation),
within any calendar year. Designates must give reasonable advance notice to,
and obtain permission from, their supervisor prior to use of Release Time, or,
prior to adjusting work hours per subsection 4(a). Requests for Release Time
shall be granted by the supervisor unless there are specific circumstances that
require the designate to remain on duty. Designates shall, to the maximum extent
feasible, receive shift assignments compatible with participation in the meet and
confer process.
a. Any NBPMA negotiating team member may request and shall (subject to
the approval process above) be granted flex work hours on any scheduled
workday 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.
NBPMA MOU 2022-2026
3
D. Scope
The terms and conditions of this MOU shall prevail over conflicting provisions
of the Newport Beach City Charter, the ordinances, resolutions, and policies of
the City of Newport Beach, and federal and state statutes, rules and regulations
which either specifically provide that agreements such as this prevail, confer
rights which may be waived by any collective bargaining agreement, or are,
pursuant to decisional or statutory law, superseded by the provisions of an
agreement similar to this MOU.
2. All present written rules and current established practices and employees'
rights, privileges and benefits that are within the scope of representation shall
remain in full force and effect during the term of this MOU unless specifically
amended by the provisions of this MOU.
3. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive
and non-exclusive managerial rights, powers, functions and authorities
("Management Rights") as set forth in Resolution No.2001-50. Management
Rights include, but are not limited to, the following:
a. The determination of the purposes and functions of the Police
Department;
b. The establishment of standards of service;
C. To assign work to employees as deemed appropriate;
d. The direction and supervision of its employees;
e. The discipline of employees;
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 Police 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.
NBPMA MOU 2022-2026
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon by the
parties. Therefore, for the term of this MOU, neither party shall be compelled, and each
party expressly waives its rights to request the other to meet and confer concerning any
issue relating primarily to matters within the scope of representation except as expressly
provided herein or by mutual agreement of the parties. No representative of either party
has the authority to make, and none of the parties shall be bound by, any statement,
representation or agreement reached prior to the execution of this MOU and not set forth
herein.
F. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of any of
the terms or provisions of this MOU shall not be binding upon the parties unless contained
in a written document executed by authorized representatives of the parties.
G. Bulletin Boards
Space shall be provided on bulletin boards within the Police Department at their present
location for the posting of notices and bulletins relating to NBPMA business, meetings, or
events. All materials posted on bulletin boards by the NBPMA shall indicate that the
NBPMA posted it. Material posted shall not contain personal attacks on any City official
or employee, any material which constitutes harassment, discrimination or retaliation on
the basis of any protected class under the law or other statutorily or constitutionally
impermissible basis, or any pornographic or obscene material.
H. No Strike
The parties recognize their mutual responsibility to provide the citizens of Newport Beach
with uninterrupted municipal services and, therefore, for the term of this MOU, the parties
agree not to conduct concerted strike, work slowdown, sick out, withholding of services,
or lockout activities.
I. Savings
If any provision of this MOU shall be held invalid by any court of competent jurisdiction,
or if compliance with or enforcement of any provision shall be restrained by court action,
or other established governmental administrative tribunal, the remainder of this MOU shall
4 NBPMA MOU 2022-2026
not be affected, and the parties shall enter into negotiations for the sole purpose of arriving
at a mutually satisfactory replacement for such provision or provisions.
J. Impasse
In the event of an impasse (the failure to agree on a new MOU after the express term of
the existing MOU has expired), the parties may agree on mediation pursuant to the
procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution.
SECTION 2. - Compensation
A. Salary Adjustments — this MOU Period
Base salary increases for all NBPMA represented classifications shall be as follows and
as specified in Exhibit A:
1. 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. 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, 2023, 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, 2024, there shall be a
base salary increase of two percent (2.09,6) for all classifications in the
bargaining unit.
4. Effective the first day of the pay period following July 1, 2025, there shall be a
base salary increase of two percent (2.0%) for all classifications in the
bargaining unit.
B. Code Seven/Duty Incentive Time
Employees in the Unit receive a paid meal period (aka "Code Seven" time). By being
paid for a meal period, each employee in the unit must be available to respond to any
work -related request, emergency or call for service during his/her meal period.
5 NBPMA MOU 2022-2026
0
C. Overtime
All employees in both classifications in the unit shall earn overtime. For
Lieutenants, overtime is earned per this MOU For Sergeants who qualify for FLSA
overtime they shall receive both FLSA (as specifically provided by the FLSA) and
MOU overtime. The overtime compensation provided to all employees in the unit
shall be at the rate of time and one half (1.5) at the applicable (FLSA or MOU) rate
of pay for hours worked in excess of their regularly scheduled shift. Paid time off
shall be considered time worked for MOU overtime calculation purposes. No
individual rights under the FLSA are waived by this provision.
2. The rate at which Contract (i.e., MOU) Overtime is calculated shall not include the
City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash
back an employee may receive from the Cafeteria Plan Allowance as set forth in
Section 4, by choosing benefits which cost less than the Allowance.
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 one
hundred twenty (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 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.
NBPMA MOU 2022-2026
5. Overtime Compensation — Court
a. Compensation - Employees shall receive either compensatory time (subject
to the maximum accrual of 120 hours addressed in subsection C2 above)
or paid time at their discretion.
b. On -Call - Off -duty employees on call for court who have not been cancelled
prior to the scheduled standby time shall, whether extended or not, be
compensated at a rate equal to the actual standby time, with a minimum of
one (1) hour paid at time and one-half (1.5) at the MOU overtime rate of
pay.
c. Appearance - Off -duty employees who are required to appear in court shall
be compensated for the actual time involved with a minimum of four (4)
hours paid at time and one-half the FLSA rate of pay. This minimum four
(4) hour payment assumes that the time the employee who is required to
appear in court is outside his/her regular work hours. If the time the
employee is in court overlaps any part of the employee's regular work hours,
the employee will receive his/her regular pay plus any additional overtime
compensation (at time and one half) for hours which fell outside regular
work hours. Employees appearing in court after being on call the same day
shall be compensated from the time listed on the subpoena until released
by the court.
Compensation for hours worked begins when the employee starts driving
to court. However, when the employee is called on the same day and
directed to leave his/her location to come to court, compensation for hours
worked begins when the employee receives the call. Compensation for
hours worked ends when the employee has completed the time in court.
d. Cancellation — Off -duty employees whose court appearance is cancelled
with less than twelve (12) hours notice shall receive a payment for one (1)
hour of straight time at the MOU overtime rate of pay.
6. 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.
7. 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.
7 NBPMA MOU 2022-2026
D. Uniform Allowance
As permissible by law and subject to the provisions and limitations under the Public
Employees Retirement Law, including restrictions on reporting uniform allowance as
pensionable compensation for "non classic" members hired after January 1, 2013, the
City shall report biweeklythe value of provided uniforms at One Thousand Three Hundred
Fifty Dollars ($1,350) per year, in accordance with Ca1PERS requirements. The parties
agree the reported value of uniforms is intended to reflect clothing such as pants, shirts,
jackets, and related attire and excludes health and safety related equipment.
Ca/PERS Reporting of Uniform Allowance - To the extent permitted by law, the City shall
report to CalPERS the uniform allowance for each classification as special compensation
in accordance with Title 2, California Code of Regulation, Section 571 (a)(5).
Notwithstanding the previous sentence, for "new members" as defined by the Public
Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as
pensionable compensation to CalPERS.
E. Scholastic Achievement Pay
Sworn NBPMA members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic Achievement Pay").
Sworn NBPMA members may apply for increases pursuant to this Section when eligible
and scholastic achievement pay shall be included in the member's paycheck for the pay
period immediately after approval by the Chief of Police. It is the responsibility of the
NBPMA member to apply for Scholastic Achievement Pay. Approval of the member's
application shall not be unreasonably withheld or delayed, and the member shall not be
entitled to receive Scholastic Achievement Pay prior to the date the application is
approved even though the member may have been eligible prior to approval.
NBPMA members shall receive Scholastic Achievement Pay regardless of years of
service and in accordance with the City's evaluation and approval process. The number
of units and/or degrees received from an accredited college or other approved institution
will be paid biweekly as follows:
60 Units 90 Units BA/BS MA/MS/JD
2% 3% 7% 8.5%
8 NBPMA MOU 2022-2026
The pays are not cumulative. For example, if a member is receiving seven percent (754o)
Scholastic Pay for a bachelor's degree and earns a master's degree, said member shall
earn a total of eight- and one-half percent (8.5%) for the higher -level master's degree,
not a total of fifteen and one-half percent (15.5%). Any unit members hired by the City
on and after September 12, 2012 shall be ineligible for any Scholastic Achievement Pay
based upon having obtained units only. Police Sergeants hired by the City before
September 12, 2012 can qualify for the pay above for having obtained either 60 or 90
units. Police Lieutenants hired by the City before September 12, 2012 can qualify for the
pay above for having obtained 90 units (but not 60 units).
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) and 571.1(b)(2), Educational Incentive Pay.
F. Special Leadership Compensation (SLC)
Effective the first pay period following July 1, 2022, individuals who have completed the
California Post Supervisory Leadership Institute ("SLI"), Post Command College, the FBI
National Academy or Executive Leadership Institute will receive biweekly payments of an
additional two percent (2%) of base pay. Effective the first pay period following July 1,
2023, SLC will be increased to three percent (3%) of base pay. Effective the first pay
period following July 1, 2024, SLC will be increased to four percent (4.091o) of base pay.
The parties agree that to the extent permitted by law, the Special Leadership
Compensation in this section is special compensation and shall be reported to Ca1PERS
as such pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) Educational Incentive
Pay.
G. Longevity Pay
NBPMA members shall earn longevity pay based on the greater of their total continuous
years of full-time service with the City of Newport Beach, or their total full-time
employment as a sworn law enforcement officer, including up to a maximum of six (6)
months' time employed as a police recruit or similar classification in a police training
academy as follows and paid biweekly:
At least 12 years of service but less than 16 years of service 0.75%
At least 16 years of service but less than 20 years of service 1.50%
At least 20 years of service but less than 25 years of service 2.25%
At least 25 years of service and more 3.00%
9 NBPMA MOU 2022-2026
The parties agree that to the extent permitted by law, the longevity pay in this section is
special compensation and shall be reported to Ca1PERS as such pursuant to Title 2 CCR,
Section 571(a)(1) and Section 571.1(b)(1) Longevity Pay.
H. July 4th
The Police Department has the discretion to schedule any of its employees to work a
regular work day on July 4th, regardless of the day of the week or job assignment. This
may include modifying work schedules and/or days off according to deployment needs.
All unit members who actually work July 4th will be compensated at the FLSA rate, plus
premium pay equal to half (112) of the hours actually worked on that day. Employees will
be provided their regular number of days off for the month of July (unless otherwise
scheduled on an overtime basis), which will be selected/assigned according to the normal
practices of their particular work unit. Therefore, if an employee is required to work on
July 4 and it is not his/her regular work day, the employee will be scheduled to be off on
another day within the work period.
I. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive Two Hundred
Dollars ($200) per month (paid each pay period) in bilingual pay. The existing certification
process will confirm that employees are fluent at the street conversational level in
speaking, reading and writing Spanish. Employees certified shall receive bilingual pay the
first full pay period following certification.
Additional languages may be certified for compensation pursuant to this section by the
Chief of Police.
The 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) and 571.1(b)(3) Bilingual Premium.
J. Motorcycle Assignment
1. Employees assigned to work as motor officers are entitled to compensation for the
off -duty maintenance and servicing of their motorcycles. 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 such duties. The FLSA also allows the
Parties to agree on appropriate compensation for the performance of such off -duty
10 NBPMA MOU 2022-2026
motorcycle duties. It is the intent of the Parties through this Subsection (J) to fully
comply with the requirements of the FLSA and that such provisions do comply with
the FLSA.
2. The Chief of Police, at his or her sole discretion, shall determine the number of unit
positions assigned to motor officer duties. At any time this number may decrease
or increase depending on the decision of the Chief of Police.
3. Employees assigned as motor officers shall receive an additional six (6) hours of
straight time compensation per month, paid at one and one-half (1.5) times their
FLSA rate of pay. This pay is compensation for the off -duty maintenance and
servicing of the motorcycle. The Parties agree the additional compensation is for
the performance of off -duty work and does not meet the definition of compensation
earnable under Government Code Section 20636, and will therefore not be
reported to Ca/PERS.
SECTION 3. - Leaves
A. Flex Leave
1. NBPMA members shall accrue (prospectively) flex leave based on the greater
of their total continuous years of full-time service with the City of Newport
Beach, or their total full-time employment as a sworn law enforcement officer,
including up to a maximum of six (6) months of 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.
The Flex Leave accrual rate and caps shall be:
Years of Continuous
Service
Accrual Per Pay Period
Maximum Accrual
Less than 5
5.69
443.82
5 but less than 9
6.31
492.18
9 but less than 12
6.92
539.76
12 but less than 25
8.16
636.48
25 and over
10.00
700.00
11 NBPMA MOU 2022-2026
2. The Flex leave program shall be administered as follows:
a. NBPMA members shall accrue three (3) months (i.e. 36.99 hours) of flex
leave (as provided in the chart in paragraph At above) upon completion of
three (3) months continuous employment with the Newport Beach Police
Department, provided however, this amount shall be reduced by any flex
leave time advanced during the first three (3) months of employment.
b. Members employed by the City prior to initiation of the flex leave program
have had then current accrued vacation time converted to flex leave on an
hour for hour basis with then current sick leave placed in a bank to be used
as provided in the City of Newport Beach Employee Policy Manual.
Members entitled to use sick leave pursuant to the Employee Policy Manual
must notify appropriate department personnel of their intention to access
the sick leave bank and, in the absence of notification, absences will be
charged to the member's flex leave account. Members who wish to convert
an absence from flex leave to sick leave must submit a written request to
the Chief of Police within twenty (20) days after the absence (20 days from
the last absence in the event the member was continuously absent for more
than one day) specifying the nature of the illness and the person notified of
the intent to use sick leave, or the reasons for the failure to notify appropriate
department personnel. The Chief of Police shall grant the request for
conversion if the member submits a written statement signed by his or her
attending physician confirming the illness and the Police Chief determines
that the member's failure to notify appropriate departmental personnel was
reasonable under the circumstances.
c. NBPMA members first hired by the City prior to July 1, 1996, shall be paid
for all flex leave that accrues in excess of the flex leave accrual threshold
(Flex Leave Spillover Pay). Flex Leave Spillover Pay will be paid at the
member's base hourly rate of pay. Effective during the first pay period of
January, 1998, NBPMA members who have not utilized at least eighty (80)
hours of flex leave during the prior calendar year shall not accrue flex leave
in excess of the Flex Leave Accrual Threshold and shall not be entitled to
Flex Leave Spillover Pay.
NBPMA members first hired, or rehired by the City subsequent to July 1,
1996, shall not be eligible for Flex Leave Spillover Pay and shall not be
entitled to accrue flex leave in excess of the Flex Leave Accrual Threshold.
12 NBPMA MOU 2022-2026
d. All requests for scheduled flex leave shall be submitted to appropriate
department personnel. Flex leave may be granted on an hourly basis. In no
event shall a member take or request flex leave in excess of the amount
accrued.
e. Members shall be paid for all accrued flex leave at their then current hourly
rate of pay upon termination of the employment relationship.
B. Holiday Time
NBPMA members shall accrue holiday in lieu time at the rate of ninety-six (96) hours per
fiscal year (July 1 through June 30th), and at the rate of three point seven (3.7) hours per
pay period.
Option 1 (Default): Unless otherwise irrevocably elected by the employee, holiday
compensation shall be paid in cash along with the employee's regular bi-weekly check.
The parties agree, to the extent permitted by law, the compensation in this section is
special compensation for those employees who are normally required to work on an
approved holiday because they work in positions that require scheduled staffing without
regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571
(a)(5) and Section 571.1(b)(4) Holiday Pay.
Option 2: Within sixty (60) days of NBPMA membership, NBPMA members may
irrevocably elect to have all or any portion of the three point seven (3.7) hours of accrued
holiday compensation added to the member's flex leave bank on a bi-weekly basis in lieu
of a cash payment. Once holiday time is accrued to the member's flex leave bank, all
rules and opportunities concerning the flex leave program (described elsewhere in this
MOU and in the Employee Policy Manual) will apply (e.g. usage, maximum balance,
spillover, periodic payout, etc.). Pay for any time taken from the flex leave bank, and any
spillover pay or other payout for flex leave, will not be reported to Ca/PERS as special
compensation.
C. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty by an
employee because of the death or terminal illness in his/her immediate family. NBPMA
members shall be entitled to forty (40) hours of bereavement leave per incident (terminal
illness followed by death is considered one (1) incident). Leave hours need not be used
consecutively, but should occur in proximate time to the occurrence. Immediate family
shall mean an employee's father, mother, stepfather, stepmother, brother, sister,
13 NBPMA MOU 2022-2026
spouse/domestic partner, child, stepchild or grandparent, and the employee's
spouse/domestic partner's father, mother, brother, sister, child or grandparent. An
employee requesting bereavement leave shall notify his/her supervisor as soon as
possible of the need to take leave.
D. Leave Sellback
Employees shall have the option of converting accrued Flex Leave to cash on an hour for
hour basis subject to the following: On or before the pay period which includes December
15 of each calendar year, an employee may make an irrevocable election to cash out
accrued flex leave which will be earned in the following calendar year. The employee can
elect to receive the cash out in the pay period which includes June 30 and/or the pay
period which includes December 15 for those Flex Leave benefits that have been earned
during that portion of the year. In no event shall the flex leave balance be reduced below
one hundred and sixty (160) hours.
E. 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 its representative schedules the appointment.
2. When an employee is temporarily disabled due to an industrial injury and is
unable to perform even limited duty in the workplace, all appointments, whether
arranged by the City or the employees, shall be considered as occurring during
normal working hours. The employee shall not be entitled to any additional
compensation, regardless of the employee's regular work schedule or the type
of compensation currently received, except as otherwise required by law.
3. When an employee has been released to either full or limited duty and has
returned to the workplace, time spent receiving ongoing medical treatment,
such as physical therapy or follow-up visits that are not scheduled by the City,
is not considered hours worked and therefore, is not compensable. To avoid
disruption in the workplace, an employee shall schedule such appointments to
occur during off duty hours whenever possible. In the event such scheduling is
not available, employee may be allowed to attend an appointment during their
regularly scheduled duty shift with prior supervisory approval. Regular recurring
appointments (i.e., weekly physical therapy) must be scheduled off duty.
14 NBPMA MOU 2022-2026
F. Non -Accruing Leave Bank
Effective on July 1 of each year, employees in the unit shall receive a bank of thirty-three
(33) hours of non -accruing leave to use within that fiscal year. The hours have no cash
value and cannot be transferred to any other leave bank. Hours used are subject to
supervisory approval and must be used within that fiscal year or be forfeited. Non -
accruing leave cannot be carried into the next fiscal year.
Section 4. — Fringe Benefits
A. Health Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee ("BIC") composed of one
representative from each employee association group and up to three City
representatives. The BIC has been established to allow the City to present data
regarding carrier and coverage options, the cost of those options, appropriate
coverage levels and other health programs. The purpose of the BIC is to provide
each employee association with information about health insurance/programs and
to receive timely input from associations regarding preferred coverage options and
levels of coverage.
2. Medical Insurance
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 CaIPERS participating employer
contribution as outlined in Government Code §22892.)
ii. If, prior to June 30, 2026, 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
15 NBPMA MOU 2022-2026
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 outlined
above by a coup` 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
Subject to the terms and conditions below, for members employed
in either this unit or the Newport Beach Police Association unit prior
to December 18, 2021, any unused Cafeteria Plan funds shall be
payable to the employee as taxable cash back. Employees shall be
allowed to change coverages in accordance with plan rules and
during regular open enrollment periods.
ii. Unit members whose actual start state in either this unit or the
Newport Beach Police Association unit occurred prior to December
18, 2021, 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 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.
16 NBPMA MOU 2022-2026
iii. Newly appointed unit members whose actual start date in either this
unit or the Newport Beach Police Association unit occurred on or
after December 18, 2021, and who elect to opt out of medical
coverage offered by the City because they have provided proof of
MEC through another source (other an coverage in the individual
market, whether or not obtained through Covered California) shall
receive $500 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
condition offer letter prior to adoption of this MOU which referenced
the pre-existing "opt out" and cafeteria cash provisions.
NBPMA members who do not want to enroll in any medical plan offered by the City
must provide evidence of group medical insurance coverage, and execute an "opt -
out" agreement releasing the City from any responsibility or liability to provide
medical insurance coverage on an annual basis.
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 or NBPMA until on
or after December 18, 2021 - 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.
2. Full-time employee hired by the City prior to December 18, 2021 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 December 18, 2021 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.
17 NBPMA MOU 2022-2026
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the City's
health plan offerings as agreed upon by the BIC.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the City's
health plan offerings as agreed upon by the BIC.
B. Additional Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable
income for payment of allowable expenses such as child care and medical expenses.
The City shall maintain a "reimbursable account program" in accordance with the
provisions of Section 125 of the Internal Revenue Code, pursuant to which an
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.
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.
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 $15,000/month
18 NBPMA MOU 2022-2026
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 post -tax deduction for
this benefit. The City will pay the full premium for this benefit effective the later of
the first premium payment following the City Council adoption of this MOU, or the
first premium payment after July 1, 2022.
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.
C. Employee Assistance Program
City shall provide an Employee Assistance Program ("EAP") through a properly licensed
provider. NBPMA members and their family members may access the EAP at no cost
subject to provider guidelines.
D. Retirement Benefits
1. Retirement Formula
The City contracts with the California Public Employees Retirement System
("CalPERS" 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:
19 NBPMA MOU 2022-2026
Tier I ("Legacy"): Foremployees hired by the City on or before November 23, 2012,
the retirement formula for safety members shall be 3%@50, calculated on the
basis of the highest consecutive 12-month period.
Tier II ("Classic"): For employees first hired by the City between November 24 and
December 31, 2012, or hired on or after January 1, 2013 and who are current
members of the retirement system or a reciprocal retirement system, as defined in
Public Employees Pension Reform Act (PEPRA), the retirement formula for safety
members shall be 3%@55, calculated on the basis of the highest consecutive 36
month period.
Tier III ("PEPRA"): For employees first hired by the City on or after January 1, 2013,
and who do not meet the Tier II criteria, the safety retirement formula shall be
2.7%@57, calculated on the basis of the highest consecutive 36-month period.
2. Other Contract Provisions
The City's contract with Ca1PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant to
California Government Code Section 20042.
b. The Level 4 1959 Survivors Benefits.
C. The Ca/PERS pre -retirement option settlement 2 death benefit (Section
21548) for miscellaneous and safety members.
3. Employee Contributions
Unit members shall contribute additional amounts toward the Ca1PERS retirement
benefit, to the extent permissible by law, as set forth below. Employee retirement
contributions that are in addition to the normal Ca/PERS Member Contribution shall
be calculated on base pay, special pays, and other pays normally reported as
pensionable compensation, and will be made on a pre-tax basis through payroll
deduction provided under 414(h)(2).
20 NBPMA MOU 2022-2026
Tiers I and II:
NBPMA Tier I and II members will contribute the full statutory member contribution,
equal to 9% of pensionable compensation, plus an additional 5.6% of pensionable
compensation toward retirement costs as permitted under Government Code
§20516(f), for a total contribution of 14.6%.
Tier III:
In addition to the statutorily required 50% contribution of total normal costs
("member contribution rate"), Tier III members shall contribute an additions)
amount of pensionable compensation toward retirement costs pursuant to
Government Code § 20516(f), so that their contribution equals a total contribution
of 14.6% of pensionable compensation.
If in future fiscal years the member contribution rate for employees in Tier III shall
become greater or less, as determined by CalPERS valuations, the additional
contribution made by the employee under 20516(f) will be increased or decreased
accordingly so that the total employee contribution equals 14.6% of pensionable
compensation. Provided however, that the employee contribution shall never fall
below the statutorily required contribution.
E. Retiree Medical Benefit
This is an Integral Part Trust (IPT) RHS Retiree Health Savings (RHS) plan (formerly
the Medical Expense Reimbursement Program - "MERP"). Each member has an
individual RHS account ("Account'), which accumulates based on the category they
fall under. Funds from the Account may be used for eligible health care expenses after
separation, retirement or a change in personnel status to a position that does not
receive the RHS benefit. These changes in personnel status will activate the Account
and allow funds to be withdrawn until the Account balance is depleted. Since the plan
restricts all distributions to be spent for health insurance premiums and health care
expenses, as defined by the Internal Revenue Code Publication 502, § 213(d) and the
Plan document the contributions, fund investment earnings and benefit payments
(when withdrawn from the Account) are not taxable when posted. Additionally, certain
contributions may only be deposited upon retirement from the City. The categories are
provided below.
21 NBPMA MOU 2022-2026
1. Background
In 2005, the City and NBPMA agreed to replace the previous "defined benefit"
retiree medical program with a new "defined contribution" program. The process
of fully converting to the new program is ongoing for an extended period. During
the transition, employees and (then) existing retirees were administratively
classified into different categories. The benefit is structured differently for each of
the categories. The categories are as follows:
a. Category 1 - Employees who become eligible for the benefit after January
1, 2006. This may include new hires, rehires and part-time employees appointing
to full-time status.
b. Category 2 - Employees who were active and enrolled in the previous
defined benefit as of December 31, 2005, eligible for the new defined contribution
program as of January 1, 2006 and whose age plus years of service as of January
1, 2006 was less than 46 for public safety employees.
C. Category 3 - Employees who were active and enrolled in the previous
defined benefit as of December 31, 2005, eligible for the new defined contribution
program as of January 1, 2006 and whose age plus years of service as of January
1, 2006 was 46 or greater for public safety employees.
d. Category 4 — Employees who had already retired from the City prior to
January 1, 2006, and were participating in the previous medical program.
2. Eligibility
All NBPMA members are eligible for the RHS benefit. However, if a member separates
or changes positions to a bargaining unit which does not offer this benefit, the member
is no longer eligible for any contributions to the plan and their Account will be activated
for use and withdrawal of funds by the employee (or former employee). This means if
a unit member subsequently reappoints to a position which offers the RHS benefit,
they will be enrolled in "Category 1" and must revest in the program. Any remaining
balance deposited during prior eligibility will remain in the Account.
Employees who become ineligible (no longer covered by a City employee association,
union or plan offering the RHS benefit) before vesting forfeit the City's Part B
contribution. Said employee will only receive Part A and Part C contributions. The only
exception is an active employee who separates before vesting due to an approved
22 NBPMA MOU 2022-2026
industrial disability. In such case, 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
Account at the time of separation.
3. Account Contributions
Account contributions are categorized as Part A, Part B and Part C.
Part A contributions are a mandatory, automatic 1 % employee contribution deducted
each pay period and deposited into the Account through payroll. Deductions begin the
pay period in which the employee becomes eligible and are reported to Ca1PERS as
pensionable.
Part B contributions require a five-year vesting period which begins when the
employee becomes eligible for the RHS benefit. At the conclusion of the vesting
period, the City will credit the first five years' worth of Part B contributions into the
Account (interest does not accrue during that period and the contributions are
calculated at $2.50 per month for each year of the employee's full-time service plus
age) and begin to contribute $2.50 per month for each year of the employee's full-time
service plus age (e.g. 30 years old and five years of service would be a factor of 35.
$2.50 x 35 = $87.50 per month). This factor is updated annually in the pay period
including January 1. Part B contributions are not reported to Ca1PERS as pensionable.
The parties agree that the City's Part B contributions during active employment
constitute the minimum Ca1PERS participating employer's contribution (i.e., the
Ca1PERS statutory minimum amount) towards medical insurance after retirement. The
parties also agree that, for retirees selecting a CaIPERS medical plan, or any other
plan with a similar employer contribution requirement, the required employer
contribution will be deducted from the employer's contribution to the retiree's account.
Part C contributions are determined by NBPMA election and deposited into the
Account when flex leave hours are converted to taxable cash through leave cash -out
or at the time of separation or status change. Spillover pay does not qualify for Part C
contributions. Part C contributions are not reported to Ca1PERS as pensionable.
The Association determines the level of contribution for all unit members, subject to
the following constraints. All employees within the Association must participate at the
same level. The participation level shall be specified as a percentage of the flex leave
23 NBPMA MOU 2022-2026
balance available in each employee's leave bank at the time of separation from the
City, or status change, or as a percentage of the flex leave balance being cashed out.
For example, if the Association wishes to elect 30% Part C contributions, then each
member leaving the City, or cashing out eligible leave at any other time, would have
the cash equivalent of 30% of the amount that is cashed out deposited to their RHS
Account on a pre-tax basis. The remaining 70% would be paid in cash as taxable
income. Individual employees do not have the option to deviate from this breakout.
The Association may change the Part C contribution amount as part of a meet and
conferprocess. 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.
The Association has decided to participate in Part C contributions at the level of zero
percent (0%) flex leave.
Nothing in this section restricts taking leave for time off purposes.
4. Benefit
a. Category 1: Employees in this category make Part A and receive Part B
contributions (subject to vesting) automatically each pay period through payroll
deductions. Part C contributions are received through cash outs. No contributions are
made to Category 1 participants after separation.
b. Category 2. Employees in this category make Part A and receive Part B
contributions (subject to vesting) automatically each pay period through payroll
deductions. Part C contributions are received through cash outs. No contributions are
made to Category 2 participants after separation.
If a Category 2 participant retires from the City with a minimum of 5 consecutive years
of full-time service, the City will contribute to the participant's Account a one-time
contribution equal to $100 per month for every month the participant contributed to the
previous "defined benefit" plan up to a maximum of 15 years (180 months). This
contribution is deposited into the Account at the time of retirement, and only if the
employee retires from the City and becomes a CalPERS annuitant of the City of
Newport Beach. No interest will be earned in the interim.
24 NBPMA MOU 2022-2026
Category 2 participants with less than five years of continuous contributions into the
prior defined benefit plan as of January 1, 2006: only the years of service after January
1, 2006 count towards Part B contributions upon vesting. Contributions in years before
2006 will be paid out as stated in the above paragraph.
c. Category 3. Employees in this category make Par:` A contributions automatically
each pay period through payroll deductions. Category 3 participants do not receive
any Part B contributions. Part C contributions are received through cash outs.
If an eligible Category 3 participant retires from the City of Newport Beach, the City
will deposit $400 per month into the Account upon retirement, up to a maximum of
$4, 800 per year, less the Ca1PERS minimum required employer contribution as
determined by CaIPERS annually, which shall continue as long as the employee or
surviving spouse/qualified dependent is still living. To offset this expense to the City,
active Category 3 participants will contribute an additional $100 per month to the plan
until retirement. There is no cash out option for these funds and they cannot be spent
in advance of receipt.
Category 3 participants also receive an additional one-time City contribution of $75
per month for every month they contributed to the previous plan prior to January 1,
2006, up to a maximum of 15 years (180 months). This contribution is deposited into
the Account at the time of retirement, and only if the employee retires from the City.
No interest will be earned in the interim. Contributions are contingent upon remaining
a CalPERS annuitant of the City.
d. Category 4. For employees (retirees) in this category, there is no cost share
requirement. The monthly City contribution of $450 after retirement can be used for
any IRS authorized purpose, not just City insurance premiums. The City will contribute
Four Hundred and Fifty Dollars ($450) per month to each account as long as the
retiree or spouse remain living. For each retiree in this category, the NBPMA shall
reimburse the City $25 per month. Each quarter, the City will provide an invoice to
the NBPMA for each retiree for the previous three months, for a total of Seventy -Five
Dollars ($75.00).
5. 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.
25 NBPMA MOU 2022-2026
However, specific vendor charges for individual account transactions that vary
according to the investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor committee, will have
the authority to determine investment options that will be available through the plan.
F. Deferred Compensation
Each employee shall have a deferred compensation account set up by the City and
subject to the rules of IRS Code section 457 to which they may make contributions. The
City shall contribute to each employee's deferred compensation account each pay period
as follows:
1. 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 IRS Code section 457 account. Although the City will be making
contributions to employees' accounts each pay period, it is the employees'
responsibility to track their total contribution amount. If an employee's account
contributions reach the annual 457 maximum, the City will stop making
contributions for the remainder of the calendar year and will not owe the employee
any additional compensation related to this section.
G. Tuition Reimbursement
NBPMA members attending accredited community colleges, colleges, trade schools or
universities may apply for reimbursement of one hundred percent (100%) of the actual
cost of tuition, books, fees or other student expenses for approved job -related courses.
The maximum tuition reimbursement for all employees in the Unit shall be One Thousand
Four Hundred Dollars ($1,400) per fiscal year.
H. 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 B. Officers who rank 1st
Class, 2nd Class or 3rd Class as set forth in Exhibit B are awarded leave time depending
upon achieved rank. Within two weeks of PFQ completion, the department will create a
personnel action 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
26 NBPMA MOU 2022-2026
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 meant the non -disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a Classification
or Series calculated from the date on which the employee was first granted
regular status in their current Classification or any Classification within the
Series, subject to the following:
Credit shall be given only for continuous service (as described in
the next paragraph) subsequent to the most recent appointment
to regular status in the Classification or Series;
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).
27 NBPMA MOU 2022-2026
d. In this bargaining unit, there is one "Series" made up of the two
classifications represented by the Association - Police Sergeant, and Police
Lieutenant.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less senior
employee in a lower Classification within the Series.
2. Procedures
In the event the City Manager determines to reduce the number of employees
within a Classification, the following procedures are applicable:
a. Employees within a Classification shall be laid off in inverse order of
seniority;
b. An employee subject to layoff in one (1) Classification shall have the right
to Bump a less senior employee in a lower ranking Classification within the
Series within the bargaining unit. An employee who has Bumping Rights
shall notify the Department Director within three (3) working days after
notice of layoff of his/her intention to exercise Bumping Rights.
c. In the event two (2) or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall be laid
off in inverse order of their position on the eligibility list or lists from which
they were appointed. In the event at least one (1) of the employees was not
appointed from an eligibility list, the Department Director shall determine the
employee(s) to be laid off.
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 and holiday leave (if any).
4. Re -Employment
Regular and probationary employees who are laid off shall be placed on a
Department re-employment list in reverse order of layoff. The re-employment list
shall remain in effect until exhausted by removal of all names on the list. In the
28 NBPMA MOU 2022-2026
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 Pay
Regular employees who are laid off shall, as of the date of layoff, receive one (1) week
severance pay for each year of continuous service with the City of Newport Beach,
but in no case to exceed ten (10) weeks of severance compensation.
B. Schedule
Nothing contained herein is intended to abridge management's right to schedule work to
meet the Police Department's needs of providing services in an efficient and safe manner.
Management recognizes its obligations to meet and confer before making any substantive
changes to work schedules that impact an employee's conditions of employment.
1. Employees currently work either the 3/11.42 or 4/10 work schedules. The Chief of
Police shall have the right to alter the work schedule of any NBPMA member
assigned to any multi -agency or regional task force.
If the City wants to utilize a work schedule other than the 4/10 or 3/11. 42 for this
unit, it will notify the NBPMA and the parties shall promptly meet and confer, in
good faith, regarding the appropriate work schedule(s) for NBPMA members.
2. The employees in the unit are subject to the twenty-eight (28) day FLSA work
period pursuant to Section 29 U.S.C. 207(k) ("?k Exemption"), provided, however,
the 7k Exemption shall not affect the City's obligation to pay overtime pursuant to
provisions of this MOU.
3. Patrol Supervisor Pre -Briefing Time: The parties agree that the following
procedures are consistent with good police practices, provide each NBPMA
29 NBPMA MOU 2022-2026
member with ample time to perform all required duties, and comply with the Fair
Labor Standards Act:
a. All Patrol Supervisors are required to report to work fifteen (15) minutes
early to prepare for briefing;
b. The fifteen (15) minutes per shift which is paid to prepare for briefing will be
paid as compensatory time off and credited to each employee's
compensatory time off bank. The pre -briefing time worked shall be
considered as hours worked for purposes of calculating FLSA overtime for
Police Sergeants. For Police Lieutenants it is also considered hours worked.
C. Grievance Procedure
1. Definition
The term "grievance" means a dispute between NBPMA or any member and the
City regarding the interpretation or application of rules or regulations governing the
terms and conditions of employment, any provision of the Employee Policy
Manual, any provision of Resolution No. 2001-50, or this MOU.
2. Guidelines
Any NBPMA member may file a grievance without fear of retaliation or any adverse
impact on any term or condition of employment.
a. A grievance shall not be filed to establish new rules or regulations, change
prevailing ordinances or resolutions, nor circumvent existing avenues of
relief where appeal procedures have been prescribed.
b. An employee may be self -represented or represented by one (1) other
person.
c. An employee and any representative shall be given notice of the time and
place of any grievance proceeding, the opportunity to be present at such
proceedings, a copy of any written decision or 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.
30 NBPMA MOU 2022-2026
e. The procedures in this MOU represent the sole and exclusive method of
resolving grievances.
3. Procedure
a. Steps
Step 1 - An employee who files a grievance shall present it in writing to an
Assistant Chief of Police within ten (10) working days after the employee knew,
or in the exercise of reasonable diligence should have known, the act or events
upon which the grievance is based. The written grievance must contain a
complete statement of the matters at issue, the facts upon which the grievance
is based, and the remedy requested by the employee. The Assistant Chief of
Police will confer with the Human Resources Director regarding the grievance.
The Assistant Chief of Police shall meet with the employee and any
representative in an effort to resolve the grievance. The Assistant Chief of
Police shall provide the employee with a written decision on the appeal within
fifteen (15) calendar days after the meeting. Upon receipt of a decision from an
Assistant Chief of Police Any employee not satisfied with the decision of his or
her immediate supervisor may proceed to Step 2.
Step 2 -Appeal to Chief of Police. Any employee dissatisfied with the decision
of an Assistant Chief of Police may proceed to Step 2 by submitting a written
appeal to the Chief of Police. The written appeal must be filed with the Chief of
Police within seven (7) calendar days following receipt of the Assistant Chief of
Police's decision. The written appeal must contain a complete statement of the
matters at issue, the facts upon which a grievance is based, and the remedy
requested by the employee. The Chief of Police shall meet with the employee
and any representative in an effort to resolve the grievance. The meeting shall
be informal and the discussion should focus on the issues raised by the
grievance. The meeting shall be scheduled no more than fifteen (15) calendar
days following receipt of the appeal unless deferred by the consent of both
parties. The Chief of Police shall provide the employee with a written decision
on the appeal within fifteen (15) calendar days after the meeting.
Step 3 —Appeal to City Manager. In the event the employee is dissatisfied with
the decision of the Chief of Police, the employee may proceed to Step 3 by
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
31 NBPMA MOU 2022-2026
of the matters at issue, the facts upon which the grievance is based, the
decisions of the supervising captain and Chief of Police, and the remedy
requested by the employee. The City Manager shall meet with the employee
and his or her representative in an effort to resolve the grievance and to receive
any additional information the employee or department may have relative to the
matter. The meeting shall be scheduled no more than fifteen (15) calendar days
following receipt of the appeal unless deferred by the consent of both parties.
The City Manager shall provide the employee with a written decision within
fifteen (15) calendar days after the meeting. The decision of the City Manager
shall be final.
The City and the grievant may agree to extend any of the timelines in the
grievance procedure. Absent a mutual agreement between the City and the
grievant to extend the timelines, if the City representative does not respond
within the time lines set forth for a response at Steps 1 and 2 of the above
grievance procedure, the grievant can move the grievance to the next step.
4. General Grievance
A grievance affecting more than one (1) NBPMA member may be filed by NBPMA
on behalf of the affected employees with the Chief of Police. The Association must
present the grievance to the Chief of Police within ten (10) working days after an
Association Board member knew, or in the exercise of reasonable diligence should
have known, the act or events upon which the grievance is based. This provision
is the sole and exclusive method by which the Association may challenge a
provision of this MOU The grievance shall contain a complete statement of the
matters at issue, the facts upon which the grievance is based, and the remedy
requested by NBPMA. The Chief of Police shall meet with NBPMA representatives
within fifteen (15) calendar days following receipt of the grievance and provide a
written decision on the grievance within fifteen (15) calendar days after the
meeting. In the event NBPMA is dissatisfied with the decision of the Chief of Police,
it may appeal to the City Manager by following the procedures outlined in Step 3
of the procedure applicable to individual employees set forth above.
In the event NBPMA is dissatisfied with the decision of the City Manager, it may
appeal the decision to the Civil Service Board by filing a written notice of appeal
within fifteen (15) calendar days after receipt of the decision.
32 NBPMA MOU 2022-2026
D. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
E. Contract Negotiations
The parties agree that either side requests to meet and confer in good faith for a
successor MOU within 120 days of the expiration of the MOU, the parties agree to begin
negotiations with the mutual objective of reaching an agreement prior to the expiration of
the term of the MOU.
F. 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 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.
G. 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
33 NBPMA MOU 2022-2026
Executed this day of 2022
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
By: C 5 ;' C, /(. Im g--
Eric Little, President
CITY OF NEWPORT BEACH
A
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM
m
ATTEST
Charles Sakai, Special Counsel
By:
Leilani Brown
City Clerk
Attachments: Exhibit "A" NBPMA Salary Schedules
Exhibit "B" NBPMA PFQ Qualifier
34 NBPMA MOU 2022-2026
Executed this day of , 2022
ATTEST
By:
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
In
Eric Little, President
CITY OF NEWPORT BEACH
By:
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM
M
Leilani Brown
City Clerk
Charles Sakai, Special Counsel
Attachments: Exhibit "A" NBPMA Salary Schedules
Exhibit "B" NBPMA PFQ Qualifier
34 NBPMA MOU 2022-2026
EXHIBIT A
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective: July 2, 2022 (pay period following July 1)
Police Lieutenant 65 1
$
60.04
$
10,407
$
124,887
2
$
63.06
$
10,930
$
131,155
3
$
66.20
$
11,474
$
137,692
4
$
69.49
$
12,046
$
144,547
5
$
72.98
$
12,649
$
151,794
6
$
76.63
$
13,282
$
159,383
7
$
80.46
$
13,947
$
167,365
8
$
84.49
$
14,645
$
175,738
Police Sergeant 40 1
$
51.08
$
8,855
$
106,256
2
$
53.65
$
9,299
$
111,593
3
$
56.35
$
9,767
$
117,200
4
$
59.15
$
10,252
$
123,026
5
$
62.10
$
10,764
$
129,172
6
$
65.20
$
11,301
$
135,610
7
$
68.47
$
11,868
$
142,417
8
$
71.87
$
12,458
$
149,492
Hourly rates are rounded the nearest hundredth. Monthly and annual salary are rounded to the nearest whole dollar.
35 NBPMA MOU 2022-2026
EXHIBIT A
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective: July 15, 2023 (pay period following July 1)
Police Lieutenant 65 1
$
61.24
$
10,615
$
127,385
2
$
64.32
$
11,148
$
133,778
3
$
67.52
$
11,704
$
140,446
4
$
70.88
$
12,286
$
147,438
5
$
74.44
$
12,902
$
154,830
6
$
78.16
$
13,548
$
162,571
7
$
82.07
$
14,226
$
170,712
8
$
86.18
$
14,938
$
179,253
Police Sergeant 40 1
$
52.11
$
9,032
$
108,381
2
$
54.72
$
9,485
$
113,825
3
$
57.47
$
9,962
$
119,544
4
$
60.33
$
10,457
$
125,487
5
$
63.34
$
10,980
$
131,755
6
$
66.50
$
11,527
$
138,323
7
$
69.84
$
12,105
$
145,265
8
$
73.31
$
12,707
$
152,482
Hourly rates are rounded the nearest hundredth. Monthly and annual salary are rounded to the nearest whole dollar.
36 NBPMA MOU 2022-2026
EXHIBIT A
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective: July 13, 2024 (pay period following July 1)
Police Lieutenant 65 1
$
62.47
$
10,828
$
129,933
2
$
65.60
$
11,371
$
136,453
3
$
68.87
$
11,938
$
143,254
4
$
72.30
$
12,532
$
150,387
5
$
75.93
$
13,161
$
157,926
6
$
79.72
$
13,819
$
165,822
7
$
83.71
$
14,511
$
174,127
8
$
87.90
$
15,236
$
182,838
Police Sergeant 40 1
$
53.15
$
9,212
$
110,549
2
$
55.82
$
9,675
$
116,101
3
$
58.62
$
10,161
$
121,935
4
$
61.54
$
10,666
$
127,996
5
$
64.61
$
11,199
$
134,390
6
$
67.83
$
11,757
$
141,089
7
$
71.24
$
12,348
$
148,170
8
$
74.77
$
12,961
$
155,532
Hourly rates are rounded the nearest hundredth. Monthly and annual salary are rounded to the nearest whole dollar.
37 NBPMA MOU 2022-2026
EXHIBIT A
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective: July 12, 2025 (pay period following July 1)
Police Lieutenant 65 1
$
63.72
$
11,044
$
132,531
2
$
66.91
$
11,599
$
139,183
3
$
70.25
$
12,177
$
146,119
4
$
73.75
$
12,783
$
153,394
5
$
77.44
$
13,424
$
161,085
6
$
81.32
$
14,095
$
169,139
7
$
85.39
$
14,801
$
177,609
8
$
89.66
$
15,541
$
186,495
Police Sergeant 40 1
$
54.21
$
9,397
$
112,760
2
$
56.93
$
9,869
$
118,423
3
$
59.79
$
10,364
$
124,373
4
$
62.77
$
10,880
$
130,556
5
$
65.90
$
11,423
$
137,078
6
$
69.19
$
11,993
$
143,911
7
$
72.66
$
12,594
$
151,134
8
$
76.27
$
13,220
$
158,642
Hourly rates are rounded the the nearest hundredth. Monthly and annual salary are rounded to the nearest whole dollar.
38 NBPMA MOU 2022-2026
EXHIBIT B
Physical Fitness Qualifier "PFQ"
Required Minimum Acceptable Performance
Age
Pull-ups
Push-ups
Crunches
1.5 Mile Run
21-30
8
50
50
14:00
31-40
6
45
45
14:30
41-50+
4
40
40
15:00
Required Minimum Qualifications Scores
Aqe
3►d Class
2nd Class
1st Class
21-30
235
275
325
31-40
210
250
300
41-50+
185
225
275
Compensatory Time Classifications:
1 st Class — 9 hours
2nd Class — 6 hours
3rd Class — 3 hours
The purpose of the Physical Fitness Qualifier "PFQ" is to maintain and encourage high levels of overall
physical fitness for police officers. The PFQ consists of four fitness categories: pull-ups, push-ups,
crunches, and a 1.5-mile run. The PFQ is divided into three age groups: 21 to 30, 31 to 40, and 41 to 50+
years. The PFQ allows officers to accumulate points towards compensatory time. Each age group has
three compensatory time award classifications: 1s' Class - 9 hours, 2"d Class — 6 hours, and 31 Class — 3
hours. For example, a 35-year-old officer who accumulates 250 points will be classified 2"d Class and earn
6 hours of compensatory time.
At a minimum, officers will be required to meet the standard number in the fitness category for their
corresponding age group. If he/she only meets the required minimum qualification score for their age group
for any of the four fitness categories, he/she will not earn the minimum amount needed to receive
compensatory time. However, the scoring system allows for an officer to compensate for a lower score in
one category by scoring higher in other categories.
39 NBPMA MOU 2022-2026
EXHIBIT B
Physical Fitness Qualifier Point Chart
Points Pullups Pushups Situps 1.5 Mile Run Points Pullups Pushups Situps 1.5 Mile Run
100
20
100
100
9:00
50
10
50
50
13:10
99
99
99
9:05
49
49
49
13:15
98
98
98
9:10
48
48
48
13:20
97
97
97
9:15
47
47
47
13:25
96
96
96
9:20
46
46
46
13:30
95
19
95
95
9:25
45
9
45
45
13:35
94
94
94
9:30
44
44
44
13:40
93
93
93
9:35
43
43
43
13:45
92
92
92
9:40
42
42
42
13:50
91
91
91
9:45
41
41
41
13:55
90
18
90
90
9:50
40
8
40
40
14:00
89
89
89
9:55
39
39
39
14:05
88
88
88
10:00
38
38
38
14:10
87
87
87
10:05
37
37
37
14:15
86
86
86
10:10
36
36
36
14:20
85
17
85
85
10:15
35
7
35
35
14:25
84
84
84
10:20
34
34
34
14:30
83
83
83
10:25
33
33
33
14:35
82
82
82
10:30
32
32
32
14:40
81
81
81
10:35
31
31
31
14:45
80
16
80
80
10:40
30
6
30
30
14:50
79
79
79
10:45
29
29
29
14:55
78
78
78
10:50
28
28
28
15:00
77
77
77
10:55
27
27
27
15:05
76
76
76
11:00
26
26
26
15:10
75
15
75
75
11:05
25
5
25
25
15:15
74
74
74
11:10
24
24
24
15:20
73
73
73
11:15
23
23
23
15:25
72
72
72
11:20
22
22
22
15:30
71
71
71
11:25
21
21
21
15:35
70
14
70
70
11:30
20
4
20
20
15:40
69
69
69
11:35
19
19
19
15:45
68
68
68
11:40
18
18
18
15:50
67
67
67
11:45
17
17
17
15:55
66
66
66
11:50
16
16
16
16:00
65
13
65
65
11:55
15
3
15
15
16:05
64
64
64
12:00
14
14
14
16:10
63
63
63
12:05
13
13
13
16:15
62
62
62
12:10
12
12
12
16:20
61
61
61
12:15
11
11
11
16:25
60
12
60
60
12:20
10
2
10
10
16:30
59
59
59
12:25
9
9
9
16:35
58
58
58
12:30
8
8
8
16:40
57
57
57
12:35
7
7
7
16:45
56
56
56
12:40
6
6
6
16:50
55
11
55
55
12:45
5
1
5
5
16:55
54
54
54
12:50
4
4
4
17:00
53
53
53
12:55
3
3
3
17:05
52
52
52
13:00
2
2
2
17:10
51
51
51
13:05 1
1
1
1
17:15
40 NBPMA MOU 2022-2026
Exhibit B
Key & Management
Administrative Management - Safety
2.0% Cost of Living Adjustment
Effective: July 2, 2022 (pay period following July 1)
Police Chief, Assistant 03A 1
$
92.16
$
15,975
$
191,694
2
$
96.78
$
16,775
$
201,295
3
$
101.62
$
17,614
$
211,362
4
$
106.70
$
18,495
$
221,945
5
$
112.03
$
19,418
$
233,019
Hourly rates are rounded the nearest hundredth. Monthly and annual salary are rounded to the nearest whole dollar.
Cost -of -living adjustment for the Assistant Police Chief classification are tied to the cost -of -living adjustments received by the
Police Management Association employees.
Key & Management
Administrative Management - Safety
2.0% Cost of Living Adjustment
Effective: July 15, 2023 (pay period following July 1)
Police Chief, Assistant 03A 1
$
94.00
$
16,294
$
195,528
2
$
98.71
$
17,110
$
205,321
3
$
103.65
$
17,966
$
215,589
4
$
108.84
$
18,865
$
226,384
5
$
114.27
$
19,807
$
237,680
Hourly rates are rounded the nearest hundredth. Monthly and annual salary are rounded to the nearest whole dollar.
Cost -of -living adjustment for the Assistant Police Chief classification are tied to the cost -of -living adjustments received by the
Police Management Association employees.
Key & Management
Administrative Management - Safety
2.0% Cost of Living Adjustment
Effective: July 13, 2024 (pay period following July 1)
Police Chief, Assistant 03A 1
$
95.88
$
16,620
$
199,439
2
$
100.69
$
17,452
$
209,427
3
$
105.72
$
18,325
$
219,901
4
$
111.02
$
19,243
$
230,912
5
$
116.55
$
20,203
$
242,433
Hourly rates are rounded the nearest hundredth. Monthly and annual salary are rounded to the nearest whole dollar.
Cost -of -living adjustment for the Assistant Police Chief classification are tied to the cost -of -living adjustments received by the
Police Management Association employees.
Key & Management
Administrative Management - Safety
2.0% Cost of Living Adjustment
Effective: July 12, 2025 (pay period following July 1)
Police Chief, Assistant 03A 1
$
97.80
$
16,952
$
203,428
2
$
102.70
$
17,801
$
213,616
3
$
107.84
$
18,692
$
224,299
4
$
113.24
$
19,628
$
235,530
5
$
118.89
$
20,607
$
247,282
Hourly rates are rounded the nearest hundredth. Monthly and annual salary are rounded to the nearest whole dollar.
Cost -of -living adjustment for the Assistant Police Chief classification are tied to the cost -of -living adjustments received by the
Police Management Association employees.
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. 2022-44 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 28th day of June, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery,
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 291h day of June, 2022.
A6Q,5Mk___
Leilani I. Brown
City Clerk
Newport Beach, California