HomeMy WebLinkAbout11 - MOU - Newport Beach Police Management AssociationCITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES DEPARTMEP
Resource Management Division
June 14, 1996
Cas)
June 24, 1996
Council Agenda
Item No. 11
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH,
.JUN 2 4 ,.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dennis Danner, Administrative Services Director 4.,b C—aq -5z
SUBJECT: MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH
POLICE MANAGEMENT ASSOCIATION
DISCUSSION:
The current agreement with the Police Management Association expired on December
31, 1995. The terms of the agreement were extended through June 30, 1996, with the
mutual consent of the City and the Association while negotiations were going on for a
new agreement. It was the City's goal to provide a fair and competitive salary and
benefit package to the Association members while reducing certain benefits that would
achieve a long term significant cost savings to the City. The Police Management
Association was very cooperative and helpful in achieving this goal.
The City and the Association reached tentative agreement on a new contract earlier this
year. The new agreement will cover the period from January 1, 1996 through December
31, 1997. Following are the significant conditions of this agreement:
1. Compensation Adjustment:
A. Effective the first pay period of July, 1996 - The City will pick up the
full cost (1.75%) of the Employer PERS rate increase for the 1996-97
fiscal year.
B. Effective the first pay period of January, 1997 - A total compensation
adjustment equal to one-half of the amount needed to place the officers
at the average total compensation of the top five law enforcement
agencies in Orange County, using July, 1996 survey figures.
Effective the first pay period of July, 1997 - A total compensation
adjustment which will place the officers at the average of the total
compensation of the top five law enforcement agencies in Orange
County, using July, 1996 survey figures.
Each of these adjustments should be approximately 2.0% of salary.
r'
2. Revised Flex Leave and Vacation/Sick Leave Accrual Schedule:
A. Current employees will accrue flex leave at the current accrual rates,
however, one day will be eliminated from each accrual range effective
the first pay period of July, 1996.
An additional day will be eliminated from each accrual range effective
the first pay period of January, 1998, if the salary for the benchmark
position is at or above the average of the top five agencies in Orange
County, (total compensation - salary, retirement and health insurance).
B. Employees hired after June 30, 1996 will accrue flex leave at the
following rates:
Proposed Accrual
Years of Service Rate (Days per Yearl
1 but less than 5 15
5 but less than 10 18
0 but less than 15 21
15 but less than 20 23
20 and over 25
In addition, these employees will not be eligible for flex leave spillover
pay. Current flex leave accrual rates start at 19 days per year and top
out at 32 days per year with 25 years of service.
C. There will be a corresponding proportional adjustment in the
Vacation/Sick Leave accrual schedules.
D. Effective January, 1997, current employees will be eligible for flex leave
spillover pay only if they have used 80 hours of flex leave in the
previous 12 calendar months. (For calendar year 1997 only, 60 hours
must have been used in calendar year 1996).
3. Salary Step Reduction:
The entry level salary will be reduced by 10% by adding two lower 5%
steps.
4. Retiree Medical:
Agree to achieve cost containment of retiree medical insurance through
meetings of the Medical Advisory Committee. Cap at $400 per month
contribution by City and active employees.
5. Tuition Reimbursement:
Cap at $400 per year for safety personnel which is 40% of the proposed non -
sworn reimbursement amount of $1,000. The current benefit for safety
personnel is $885, which is 40% of the current cap of $2,213.
6. Floating Holiday:
There will be no reduction in holidays, however, the flex leave and
vacation/sick leave accrual rates are being adjusted, effective the first pay
period of July, 1996, to reflect the elimination of the equivalent of one of two
floating holidays.
7. July Fourth Overtime:
Elimination of July 4th overtime, effective July 4, 1997, in conjunction with
the full implementation of the compensation policy formula, except for
those regularly scheduled off. In addition, sworn officers may request the
day off which will be granted at the sole discretion of the Chief of Police.
Estimated savings in 1997 is $18,000.
8. Bereavement Leave:
Forty hours per incident. Language will be added to include the parents
and siblings of spouses.
9. Administrative Leave:
Captains may receive administrative leave up to 80 hours per year at the
recommendation of the Chief of Police with the concurrence of the City
Manager in lieu of any other overtime compensation.
10. Medical Insurance:
Any employee may opt out of the insurance plan offered by the City and
receive $200 per month with proof of insurance and a signed hold harmless
statement. Employee may re -enroll subject to plan rules.
11. 109% Pay Off for Time:
Upon separation through the duration of this contract.
12. 1959 Survivor Benefit:
Amend contract with PERS to move to Level 3 and Level 4 1959 Survivor
Benefit for Miscellaneous and Safety members respectively.
13. Internal Service Fund:
The City is currently examining its Equipment Maintenance and
Replacement Internal Service Fund for possible cost savings. One of the
ideas proposed is de -centralizing or privatizing this activity for those
departments with large vehicle fleets.
14. Me Too Clause:
The City will reopen negotiations on the leave portion of the MOU if
equivalent concessions are not realized in negotiations with all other employee
organizations.
ANALYSIS:
As stated previously, in entering negotiations this year with the various employee
organizations, it was the City's goal to provide a fair and competitive salary and benefit
package to the association members while reducing certain benefits that would achieve
a long term significant cost savings to the City. The Police Management Association
was the first to reach agreement with the City on achieving this goal.
The approximate total costs of the proposed adjustments for the Police Management
Association are calculated as follows:
1996-97 1997-98
1.75% PERS pick up (07-01-96) $ 53,000 $ 53,000
2.00% Increase (1-1-97) 30,000 60,000
2.00% Increase (7-1-97) 0 62,000
Total Cost 83 000 U7 5.0 00
The approximate total savings of the proposed adjustments for the Police Management
Association are calculated as follows:
1996-97
1997-98
Flex -Leave Spillover Pay Savings
$ 64,000
$ 66,000
Loss of one Flex -Leave Day
10,000
10,400
Health insurance buyout
6,000
7,000
Reduced Tuition Reimbursement
1,200
1,200
Elimination of July 4th overtime
0
18,000
Revised Flex -Leave Accrual Rates
0
0
Salary Step Reduction
0
0
Retiree Medical
0
0
Total Savings
81 20010$
2,600
Thus the total net first year cost is $1,800 and the total net second year cost is $72,400 for
a total net two year cost of $74,200.
In addition to the above, the Police Management Association has agreed to a further
one day reduction in the flex leave accrual rates on 1-1-98 if their total compensation is
at the average of the top 5 law enforcement agencies in Orange County. It is currently
estimated that this will require a further 2% to 3% adjustment in total compensation at
that time, but will save the cost of an additional day off for the members of this
association.
RECOMMENDATION:
It is recommended that the City Council approve the attached Memorandum of
Understanding between the City and the Police Management Association which covers
the period from January 1, 1996 through December 31, 1997.
C:\WINWORD\DENNISWP\STAFFREP.DOC 06/18/96 10:18 AM
r --
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Newport Beach Police Management Association ("NBPMA"), a
recognized employee organization, and the City of Newport
Beach ("City',), a municipal corporation and charter city,
have been meeting and conferring, in good faith, with respect
to wages, hours, fringe benefits and other terms and
conditions of employment.
2. NBPMA representatives and City representatives have reached a
tentative agreement as to wages, hours and other terms and
conditions of employment for the period from January 1, 1996
to December 31, 1997 and this tentative agreement has been
embodied in this MOU.
3. 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 within
the scope of representation.
SECTION 1. - General Provisions.
A. Recognition.
In accordance with the provisions of the Charter of the
City of Newport Beach, the Meyers Milias Brown Act of
the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 7173,
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 following
classifications or as appropriately modified in
accordance with the Employer/Employee Resolution. All
other classifications and positions not specifically
included within Exhibit "A" are excluded from
representation by NBPMA.
B. Duration of Memorandum.
1. Except as specifically provided otherwise, any
ordinance, resolution or action of the City Council
C.
necessary to implement this MOU shall be considered
effective as of January 1, 1996. This MOU shall
remain in full force and effect until December 31,
1997, 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.
2. 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.
Scope.
1. All present written rules and current established
practices and employees' rights, privileges and
benefits that are within the scope of
representation shall remain in full force and
effect during the term of this MOU unless
specifically amended by the provisions of this MOU.
2. Pursuant to this MOU, the City reserves and retains
all of its inherent exclusive and non-exclusive
managerial rights, powers, functions and
authorities ("Management Rights") as set forth in
Resolution No. 7173. 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;
2
(g) to maintain the efficiency of operations;
(h) to determine the methods, means and personnel
by which Police Department operations are to
be conducted;
(i) the right to take all necessary actions to
fulfill the Department's responsibilities in
the event of an emergency;
(j) the exercise of complete control and
discretion over the manner of organization,
and the appropriate technology, best suited to
the performance of departmental functions.
The practical consequences of a Management
Rights decision on wages, hours, and other
terms and conditions of employment shall be
subject to the grievance procedures.
D. Release Time.
1. NBPMA members shall be allowed to participate
in the following activities and receive full
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.
2. City grants NBPMA 100 hours of Release Time
per calendar year to engage in the activities
described in subsection 1(a). NBPMA may
accumulate up to 300 hours of City -provided
Release Time.
3. City grants NBPMA members the right to engage
in the activities described in subsection 1(b)
at any time without reduction to the Release
Time granted in subsection 2.
4. NBPMA shall designate certain members as those
members entitled to release time. In no event
shall any one designate be entitled to use
more than 100 hours of Release Time (exclusive
of actual time spent meeting with City
representatives on matters relating to the
3
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.
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.
E. Bulletin Boards.
Space shall be provided on bulletin boards within the
Police Department at their present location for the
posting of notices and bulletins relating to NBPMA
business, meetings, or events. All materials posted on
bulletins boards shall indicate the name of the
organization responsible. Material posted shall not
contain personal attacks on any City official or
employee, any material which constitutes harassment,
discrimination or retaliation on the basis of race,
gender, ethnicity, religion or other statutorily or
constitutionally impermissible basis, as well as any
pornographic or obscene material.
F. No Strike.
The parties recognize their mutual responsibility to
provide the citizens of Newport Beach with uninterrupted
municipal services and, therefore, for the term of this
MOU, the parties agree not to conduct concerted strike,
work slowdown, sickout, withholding of services, or
lockout activities.
G. Conclusiveness.
This MOU contains all of the covenants, stipulations,
and provisions agreed upon by the parties. Therefore,
for the life of this MOU, neither party shall be
compelled, and each party expressly waives its rights to
request the other to meet and confer concerning any
issue within the scope of representation except as
expressly provided herein or by mutual agreement of the
parties. No representative of either party has the
authority to make, and none of the parties shall be
bound by, any statement, representation or agreement
reached prior to the execution of this MOU and not set
forth herein.
4
H. 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.
I. Savings.
Should any part of this MOU be rendered or declared
illegal or invalid by legislation, decree of court of
competent jurisdiction or other established governmental
administrative tribunal, such invalidation shall not
affect the remaining portions of this MOU.
J. Impasse.
In the event of an impasse (the failure to agree on a
new MOU after the express term of the existing MOU has
expired), the parties may agree on mediation pursuant to
the procedure outlined in Section 10 of Resolution No.
7173 or a successor resolution.
SECTION 2. - Compensation
A. Compensation Policy.
1. Intent
The intent of this Policy is to maintain salaries
and other components of the City's total
compensation package at levels which will attract
and retain highly qualified personnel as members of
the Newport Beach Police Department. The City
Council shall, in applying this compensation
policy, take into consideration the following
factors:
(a) The City's then current economic position;
(b) The City's standing in the defined labor
market (law enforcement agencies in Orange
County);
(c) Changes in the cost of living as measured by
increases or decreases in the Consumer Price
Index; and;
(d) Internal relationships.
The City shall use its compensation policy,
5
tempered by sound fiscal policy, to maintain a
highly competitive standing within the defined
labor market with the understanding that the City's
ability to make economic adjustments may be limited
by budgetary considerations, constraints imposed
upon the City by limitations in municipal revenues,
or extraordinary expenditures. Taking all of these
factors into consideration, it is the City's intent
to compensate employees represented by NBPMA based
upon the average of the five (5) highest paid
benchmark positions of law enforcement agencies
(all municipal police departments and the Sheriff)
in Orange County.
2. Procedure
The City shall annually evaluate the compensation
of NBPMA members and, through the meet and confer
process mandated by the Meyers -Mi 1 ias -Brown Act,
will make appropriate modifications to total
compensation. The procedure for evaluating the
average of the five (5) highest paid benchmark
positions in Orange County shall begin with the
compensation survey prepared in July of each year
by the Orange County Division of the League of
Cities, subject to verification as to accuracy.
The City will use this survey to determine the
total compensation paid by other law enforcement
agencies in Orange County to the benchmark
position. The benchmark position shall be the top
step non -specialty police officer, or Patrol Deputy
Sheriff in the case of the County, and does not
include police officer classifications such as
Master Officers, Senior Officers, Corporals or
similar special categories based upon any specific
combination of experience, training or education.
Total compensation shall consist of three factors:
salary, retirement benefits (employer -paid
retirement contributions including payment of
employee's share) and health insurance
contributions. Salary and retirement benefits
shall be calculated using the amount paid to, or on
behalf of, the benchmark position. Health
insurance contributions shall be calculated based
upon the maximum contribution made by the employer
on behalf of an employee with two or more
dependents who is enrolled in the health plan
having the largest number of employee participants.
The total compensation paid to the five (5) highest
paid benchmark positions shall be added and the
total divided by five without regard to weighting
or the number of officers or employees of the law
6
enforcement agencies with the five (5) highest paid
benchmark positions. Once the appropriate increase
in total compensation for the benchmark position is
determined, City shall calculate the corresponding
increase in salary for the benchmark position.
Salaries for all NBPMA represented classifications
shall then be adjusted by applying the multipliers
in the matrix (Exhibit "B") to the new salary paid
to the benchmark position.
Term of Compensation Polic
This compensation policy shall survive the term of
this MOU and shall remain in full force and effect
unless and until modified by the parties in
writing.
B. Direct Wage Payments
1. Pay for Time Worked
(a) Salary Adjustments. The parties have agreed on
internal relationships among the various
classifications represented by NBPMA, as well
as the relationship between each step in those
classifications and the benchmark position.
These internal relationships have been
computed in terms of numbers which, when
multiplied by the salary paid to the benchmark
position, represent the salary paid to members
of NBPMA. The multipliers for each step of
each classification represented by NBPMA are
shown on the matrix attached as Exhibit "B."
The matrix shall be effective on January 1,
1996. The salaries of all NBPMA members
shall, during the term of this MOU, be subject
to the following guaranteed adjustments:
(i) Effective July 1, 1996, the City shall
pay the increase in the employer
retirement rate for all NBPMA members
without any corresponding reduction in
salary for any NBPMA member.
(ii) Effective the first pay period of January
1997, the total compensation for the
benchmark position shall be increased by
fifty percent (50%) of the difference
between then current total compensation
due to the benchmark position based on
the compensation formula and the average
total compensation of the five (5)
highest paid benchmark positions of law
enforcement agencies in Orange County
with the ranking and average total
compensation of the five (5) highest paid
benchmark positions to be calculated on
the basis of total compensation paid by
each law enforcement agency on July
1996. Total compensation for all other
classifications represented by NBPMA
shall be adjusted in accordance with the
matrix.
The remaining 50% adjustment necessary to
reach the average of the top five
agencies based upon July 1996 comparison
figures shall be provided the first pay
period in July 1997.
(b) Subsectuent Adjustments.
Any Adjustment in total compensation to be
effective on or after January 1, 1998 shall be
determined in accordance with the compensation
policy specified in Section 2 or the then
current MOU.
(c) Salary Steps
Effective April 1, 1996, two additional steps
(designated A and B with existing salary steps
redesignated C through H) shall be added to
the compensation schedule for each
classification represented by NBPMA. The
first salary step (A) shall specify a salary
for the classification that is ten percent
(10%) lower than the current first step in the
salary range. The second additional step (B)
shall specify a salary that is five percent
(5%) lower than the current salary for the
first step in the salary range. Existing
rules relative to the time of step increases
and advancement shall be applicable to the two
new additional steps.
(d) Code Seven/Duty Incentive Time.
The City and NBPMA have agreed to entitlement
to compensation for duty incentive time and
Code Seven time based upon implementation of
the 9/80 work schedule (since modified to 3-
12, with concurrence of NBPMA) and a
settlement agreement between the City and
8
NBPMA. NBPMA and its members agree that the
provisions and rules relative to entitlement
to compensation for duty incentive time or
Code Seven time survive the termination of
this MOU, that the provisions of the
settlement agreement are in full force and
effect, and that no request for compensation
for duty incentive time or Code Seven time at
variance with the provisions of existing rules
or the settlement agreement shall be made at
any time in the future by NBPMA or any of its
members.
(e) Overtime
(i) Employees shall be entitled to overtime
compensation at the rate of time and one
half for hours worked in excess of their
regularly scheduled shift. Paid time off
shall be considered time worked for
overtime calculation purposes.
(ii) Overtime compensation shall be in the
form of compensatory time off or pay at
the election of the employee. Maximum
compensatory time accrual shall be 91
hours. All overtime worked for
employees at the CTO maximum shall be
paid.
(iii)Effective July 4th, 1997, NBPMA members
shall not receive overtime compensation
for working on July 4th, except for those
regularly scheduled off on that day.
Sworn officers may request that they not
be required to work on July 4th. Such
requests shall be granted or denied in
the sole discretion of the Chief of
Police.
NBPMA reserves the right to reopen
negotiations on this section for
successor agreements should it feel that
satisfactory agreements have not been
reached on compensation matters.
(iv) As of the effective date of this MOU,
NBPMA members occupying the position of
Captain shall not be entitled
compensatory time off for overtime. City
and NBPMA agree that the position of
Captain is properly considered exempt
9
from the overtime requirements of FLSA.
However, NBPMA members occupying the
position of Captain shall be eligible for
up to 80 hours of administrative leave
per calendar year. The precise amount of
administrative leave grant each Captain
shall be based upon the recommendation of
the Police Chief and approved by the City
Manager. Administrative leave for 1996
may be granted, if at all, within 30 days
after the effective date of this MOU.
Administrve leave may not be carried
forward from one calendar year to the
next.
V. With the approval of the Chief of Police,
NBPMA members assigned to non -duty
assignments, may work certain holidays if
they are regularly scheduled work day.
2. Additional Compensations
(a) Scholastic Achievement Pay.
Sworn NBPMA members are entitled to additional
compensation contingent upon scholastic
achievement ("Scholastic Achievement Pay").
Sworn NBPMA members may apply for increases
pursuant to this Section when eligible and
scholastic achievement pay shall be included
in the member's paycheck for the pay period
immediately after approval by the Chief of
Police. It is the responsibility of the NBPMA
member to apply for Scholastic Achievement
Pay. Approval of the member's application
shall not be unreasonably withheld or delayed,
and the member shall not be entitled to
receive scholastic achievement pay prior to
the date the application is approved even
though the member may have been eligible prior
to approval. Scholastic achievement pay is
contingent upon years of service and the
number of units and/or degrees received by the
employee. The Plan consists of five levels
which reflect multipliers of the base
scholastic achievement pay of $48.00 per
month. Qualifying units and/or degrees must
be awarded by accredited community colleges,
state colleges or universities. The following
is a schedule of monthly payments pursuant to
the Scholastic Achievement Program:
10
Years of
Service: 30 Units: 60 Units: 90 Units: BAB MA/MS/JD:
2 $48/mo. $48 $48 $48 $48
3 $48/mo. $96 $144 $192 $192
4 $48/mo. $96 $144 $192 $240
(b) Holiday Pay.
NBPMA members shall accrue 96 hours of holiday
time fiscal year (July 1 through June 30th),
at the rate of 3.7 hours per pay period.
NBPMA members may use holiday time as paid
time off work convert holiday time to flex
leave or vacation leave, or receive pay for
holiday time as specified in this Section.
NBPMA members who have not used all holiday
time accrued during any fiscal year shall,
during the month of July, elect either to
convert unused holiday time to flex leave(or
vacation leave if the member is in the
vacation leave/sick leave program) or to be
paid for unused holiday time at the members
normal hourly rate of pay, provided, however,
NBPMA members shall not be entitled to convert
holiday time to flex leave to the extent that
the conversion would cause the amount of flex
leave accrued to exceed the Flex Leave Accrual
Threshold. In the absence of an election
during July, the members shall receive pay for
unused holiday time at their normal hourly
rate. NBPMA members who elect to receive pay
for unused holiday time shall receive
compensation in their paycheck for the last
pay period in August. In no event shall any
NBPMA member be entitled to receive holiday
pay until serving at least thirty (30)
consecutive calendar days in active paid
status.
(c) Leave Pay -Off
For the term of the agreement, NBPMA members
shall receive payment for any accrued leave
upon termination at the rate of 109% of their
base hourly rate.
11
Section 3. - Leaves
A. Pay for Time Not worked.
1. Flex Leave.
(a) Subject to the
NBPMA members
follows:
Years
of Con't. Svc.:
provisions of subsection (b),
shall accrue flex leave as
Adjusted Accrual
Per Pay Period:
1/2 but less than 5
5.84616
5 but
less
than 9
6.46152
9 but
less
than 12
7.07696
12 but
less
than 16
7.69232
16 but
less
than 20
8.30768
20 but
less
than 25
8.92304
25 and
over
9.53848
Effective the first full pay period in July
1996, these accrual rates shall be adjusted as
follows:
Years
of Con't. Svc.:
1/2 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Adjusted Accrual
Per Pay Period:
5.53846
6.15385
6.76923
7.38462
8.00000
8.61538
9.23077
Effective the first full payroll period in
January 1998, NBPMA members shall accrue flex
leave at the following rates if total
compnsation for the benchmark position is at
least equal to the erage of the top five law
enforcement agencies in Orange County:
Years
of Con't. Svc.:
1/2 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
WN
Adjusted Accrual
Per Pay Period:
5.23077
5.84616
6.46152
7.07696
7.69232
8.30768
25 and over 8.92304
(b) NBPMA members hired, or rehired, by the City
of Newport Beach on or after July 1, 1996
shall accrue flex leave at the following
rates:
Years of Service
1/2 but less than 5
5 but less than 10
10 but less than 15
15 but less than 20
20 and over
Accrual Rate
Per Pay Period
4.61538
5.53846
6.46152
7.07696
7.69232
NBPMA and the City acknowledge that employees
assigned the 9/81 work schedule accrue one (1)
additional pay period in addtion to the
accrual levels set forth above.
(c) The Flex leave program shall be administered
as follows:
(i) NBPMA members shall not accrue flex leave
until continuously employed by the
Newport Beach Police Department for a
period of six (6) months provided,
however, if a member on the flex leave
program becomes sick during the first six
months of employment, the City will
advance up to thirteen (13) pay periods
of paid leave time for use by the member
to recover from illness. In the event
the City advances paid leave time and the
employee is terminated or resigns before
completing six months of continuous
employment, the member's final check
shall be reduced by an amount equal to
the number of flex leave hours advanced
multiplied by the member's hourly rate of
pay.
NBPMA members shall accrue thirteen pay
periods of flex leave immediately upon
completion of six (6) months continuous
employment with the Newport Beach Police
Department, provided however, this amount
shall be reduced by any flex leave time
advanced during the first six months of
employment.
13
(iii)Members employed by the City prior to
initiation of the flex leave program have
had then current accrued vacation time
converted to flex leave on an hour for
hour basis with then current sick leave
placed in a bank to be used as provided
in Section 703 et seq. of the Personnel
Resolution. Members entitled to use sick
leave pursuant to Section 703.1 of the
Personnel Resolution must notify
appropriate department personnel of their
intention to access the sick leave bank
and, in the absence of notification,
absences will be charged to the member's
flex leave account. Members who wish to
convert an absence from flex leave to
sick leave must submit a written request
to the Chief of Police within twenty (20)
days after the absence (20 days from the
last absence in the event the member was
continuously absent for more than one
day) specifying the nature of the illness
and the person notified of the intent to
use sick leave, or the reasons for the
failure to notify appropriate department
personnel. The Chief of Police shall
grant the request for conversion if the
member submits a written statement signed
by his or her attending physician
confirming the illness and the Police
Chief determines that the member's
failure to notify appropriate
departmental personnel was reasonable
under the circumstances.
(iv) NBPMA members shall be entitled to accrue
flex leave up to seventy (70) times the
members bi-weekly flex leave accrual rate
(Flex Leave Accrual Threshold). NBPMA
members first hired by the City prior to
July 1, 1996, shall be paid for all flex
leave that accrues in excess of the flex
leave accrual threshold (Flex Leave
Spillover Pay). Flex Leave Spillover Pay
will be paid at the member's regular
hourly rate,of pay. Effective during the
first pay period of January 1997,
calendar year NBPMA members who have not
utilized at least 80 hours of flex leave
during the prior calendar year (60 hours
of flex leave for calendar year 1996
only) shall not accrue flex leave in
14
excess of the Flex Leave Accrual
Threshold and shall not be entitled to
Flex Leave Spillover Pay.
NBPMA members first hired, or rehired by
the City subsequent to July 1, 1996,
shall not be eligible for Flex Leave
Spillover Pay and shall not be entitled
to accrue flex leave in excess of the
Flex Leave Accrual Threshold.
(v) All requests for scheduled flex leave
shall be submitted to appropriate
department personnel. Flex leave may be
granted on an hourly basis. In no event
shall a member take or request flex leave
in excess of the amount accrued.
(vi) Members shall be paid for all accrued
flex leave at their then current hourly
rate of pay upon termination of the
employment relationship.
2. This section is intended to effect a reduction of
vacation and sick leave accrual rates that is
commensurate with the reduction in flex leave
accrual rates. The combined vacation and sick
leave accrual is greater than flex leave accrual
and the parties intend the reductions in annual
vacation accrual to be commensurate to the annual
reduction in flex leave accrual contemplated by
Section 3.B.1.
Effective the first pay period in July 1996,
vacation accrual rates shall each be reduced by
eight (8) hours per year.
In the event total compensation for the benchmark
position is equal to, or exceeds, the average total
compensation of the five highest paid benchmark
positions of law enforcement agencies in Orange
County, as of January 1, 1998, vacation leave
accrual shall be reduced an additional eight (8)
hours.
B. Bereavement Leave
Bereavement Leave shall be defined as the necessary
absence from duty by employee having regular or
probationary appointment because of the death or
terminal illness in his/her immediate family. NBPMA
shall be entitled to 40 hours of bereavement leave per
15
incident (terminal illness followed by death is
considered one incident). Parents and siblings of
spouses shall be considered part of the immediate family
for the purposes of this section.
C. Workers Compensation Leave
Any employee incapacitated by reason of any injury or
illness that City has determined arose out of or in the
course of his or her employment shall receive, in
addition to temporary disability compensation pursuant
to the laws of the State of California, an additional
sum which, when added to temporary disability payments,
provides the injured employee with regular compensation.
Regular compensation is defined as the salary for the
position and step occupied by the employee on the date
of the job-related illness or injury. Payment shall
commence with the first day of approved absence and end
with the termination of temporary disability, or the
expiration of six (6) months, whichever occurs first.
Except as expressly provided in this MOU, the payments
which supplement temporary disability compensation shall
be made as provided in the Personnel Resolution.
SECTION 4. - Retirement
A. Retirement Benefits.
1. The City shall pay each member's required PERS
retirement contribution (9% of salary for sworn
employees and 7% for non -sworn employees). City
payments pursuant to this Section shall be deemed
to be member contributions under the Public
Employees Retirement System and recoverable by the
member as such in accordance with the rules and
regulations promulgated by PERS. These amounts
will be reported to PERS monthly as special
compensation for retirement purposes.
2. Effective May 1996, the City shall implement the
Level 4 1959 survivors benefits for NBPMA members.
SECTION 5. - Fringe Benefits.
A. Health/Dental Insurance.
1. The City shall make available to all NBPMA members
the PERS health insurance programs and a second
health care plan City shall pay the health and
dental premium for each NBPMA member, up to a
maximum of $400 per month.
IV
2.
3.
EN
Information Committee.
City has established a Medical/Dental Information
Committee composed of one representative from each
employee group and up to three City
representatives. The Medical/Dental Information
Committee has been established to allow the City to
present data regarding carrier and coverage
options, the cost of those options, appropriate
coverage levels and other health care issues. The
purpose of this Committee is to provide each
employee group with information about health care
issues and to receive timely input from
associations regarding preferred coverage options
and levels of coverage. City shall provide
information to the Committee in December, February
and April of each year during the term of this MOU.
Medical Opt Out
NBPMA members who do not want to enroll in any
health care plan offered by the City, provide
evidence of health care insurance coverage, other
carriers, and execute an agreement releasing the
City from any responsibility or liability to
provide health care insurance coverage, shall
receive in lieu of the $400 contribution towards
the premium for Coverage offered by City sponsored
health care providers in lieu health coverage
payment of $200 per month.
Employees may re -enroll in any of the City's
available health plans per the rules of those
plans.
Retiree Medical Insurance
The parties agree that during the term of this
Agreement, the maximum combined contribution by the
City and active employees for retiree medical
insurance shall not exceed $400.00 per month.
(City contribution limited to two-thirds (2/3) of
$400.00 with the active employees paying one-third
(1/3) .
Further, the City and Association agree to work,
through a City wide committee, on a variety of
issues involving retiree medical insurance in an
attempt to achieve cost containment and equity
amongst the City's retiree medical programs.
17
B. Short Term Disability/Long Term Disability.
1. Short Term Disability.
The City currently administers a short term
disability plan funded through a combination of
employee and employer contributions. A NBPMA
member shall pay the full cost of any short term
disability premium until he or she has accrued at
least 160 hours of flex leave and/or sick leave. A
NBPMA member shall pay fifty percent (50%) of any
short term disability premium when he or she has
accrued between 160 hours and 319 hours of flex
leave and/or sick leave. City shall pay all of any
member's short term disability premium when he or
she has accrued 320 or more hours of flex leave
and/or sick leave. The plan provides up to
two-thirds of a member's salary for a period of up
to six months post -disability provided the employee
has used available sick leave and a portion of
accrued paid leave. City shall have the right to
re -open this MOU to meet and confer regarding the
transfer of the responsibility for administration,
and the manner of funding, of the short term
disability plan. The City shall continue to
self-administer the short term disability plan
until the parties reach agreement regarding
appropriate amendments.
2. Lona Term Disability.
The City currently provides long term disability
protection through an insurance company. This plan
is funded through a combination of employee and
employer contributions. A NBPMA member shall pay
the full cost of any long term disability premium
until he or she has accrued at least 160 hours of
flex leave and/or sick leave. A NBPMA member shall
pay fifty percent (50%) of any long term disability
premium when he or she has accrued between 160
hours and 319 hours of flex leave and/or sick
leave. City shall pay all of any member's long
term disability premium when he or she has accrued
320 or more hours of flex leave and/or sick leave.
The City shall have the right to re -open this MOU
to meet and confer relative to the provision of
long term disability coverage. In the absence of
any agreement to the contrary, the City will use
its best efforts to continue to provide long term
disability coverage through qualified insurance
carriers or companies.
18
3. Income Ceilings/Payment of Premiums.
The ceiling on insured income under the short term
and long term disability plans will be $7,500 per
month for non -industrial claims. The maximum
benefit shall be $5,000 per month. The maximum
benefit for industrial injuries shall be $1,750.00
per month. The City will pay one-third (1/3) of
the cost of a member's health, dental and life
insurance premiums when the member has at least
five (5) years of continuous service with the City
and is on approved disability leave of absence.
The City will pay two-thirds (2/3) of the cost of
health, dental and life insurance premiums for an
employee with ten (10) years of continuous service
who is on approved disability and the City will pay
the entire cost of those premiums for an employee
with fifteen (15) or more years of continuous
service not to exceed the amount paid for active
employees.
C. Section 125 Plan.
Section 125 of the Internal Revenue Code authorizes an
employee to reduce taxable income by City payment of
allowable expenses such as child care and medical
expenses. City shall, maintain a "reimbursable account
program in accordance with the provisions of Section
125 of the Internal Revenue Code, pursuant to which an
NBPMA member may request that medical, child care and
other eligible expenses be paid or reimbursed by the
City out of the employee's account, with the base salary
of the employee reduced by the amount designated by the
employee to be placed into that account. The City's
obligation to establish a reimbursable account program
is contingent upon the City incurring no cost or
potential liability relative to the plan or its
administration. City shall cooperate to the fullest
extent of the law provided, however, City may require
the plan to contain provisions that authorize the
administrator to pay allowable expenses only upon
submittal of a demand from the City. Any "reduction" in
salary pursuant to this Section and/or the Section 125
Plan established by the City, shall not affect any other
provision of this MOU.
D. Emplovee Assistance Program.
City shall provide an Employee Assistance Program
through a properly licensed provider. NBPMA members and
19
their family members may access the Employee Assistance
Program at no cost subject to provider guidelines.
E. Tuition Reimbursement.
NBPMA members attending accredited community colleges,
colleges, trade schools or universities may apply for
reimbursement of one hundred percent (100%) of the
actual cost of tuition, books, fees or other student
expenses for approved job-related courses. Maximum
tuition reimbursement for sworn personnel shall be
$885.00 per year for fiscal years through 1995-96.
Maximum tuition reimbursement for sworn personnel shall
be $600.00 per fiscal year effective July 1, 1996.
Reimbursement is contingent upon the successful
completion of the course. Successful completion means a
grade of "C" or better for undergraduate courses and a
grade of "B" or better for graduate courses. All claims
for tuition reimbursement require the approval of the
Chief of Police and the Administrative Services
Director.
SECTION 6. - Miscellaneous Provisions.
A. Schedule.
1. Employees who currently work a variety of
alternative work schedules (some trial) as approved
by the Chief of Police. They include 3/12, 4/10.
The basic work schedule shall be considered the
9/81 for the term of this MOU. Subject to the right
to re -open as specified in this subparagraph, 9/81
shall be the standard work schedule for the term of
this MOU. The 9/81 schedule will be structured to
allow for 130 days off during the calendar year.
NBPMA members shall be entitled to eleven (11) days
off for ten months of the year and ten (10) days
off during two months of the year. The Chief of
Police shall determine the months during which
NBPMA members shall receive ten days off. The
Chief of Police shall also have the right to alter
the work schedule of any NBPMA member assigned to
any multi -agency or regional task force.
Upon notice, the parties shall meet and confer, in
good faith, regarding the appropriate work
schedule(s) for NBPMA members.
2. City shall have the right to designate a 14 day or
28 day work period pursuant to Section 29 U.S.C.
507(k) ("7 K Exemption"), provided, however, the 7
K Exemption shall not affect the City's obligation
20
to pay overtime pursuant to provisions of this MOU
including the provisions of Section 1.(C)(1).
The parties agree that the following procedures are
consistent with good police practices, provide each
NBPMA member with ample time to perform all
required duties, and comply with the Fair Labor
Standards Act:
a) All Patrol Supervisors are required to report
to work 15 minutes early;
b) All Patrol Supervisors acknowledge and agree
that normally, they are to leave at the end of
their shift, that they shall not routinely
perform duties beyond the end of their shift,
that the 15 minutes allotted for briefing
preparation is adequate, and they will comply
with order issued by the Chief of Police
consistent with this MOU;
c) The 15 minutes per shift shall be converted to
compensatory time on a straight time basis and
placed in a compensatory time off bank which
the member may use as flex leave, vacation
leave or sick leave, but for which the member
would not be paid at any time.
B. Reductions in Force/Layoffs.
The provisions of this section shall apply when the City
Manager determines that a reduction in the work force is
warranted because of actual or anticipated reductions in
revenue, reorganization of the work force, a reduction
in municipal services, a reduction in the demand for
service or other reasons unrelated to the performance of
duties by any specific employee. Reductions in force
are to be accomplished, to the extent feasible, on the
basis of seniority within a particular Classification or
Series and this Section should be interpreted
accordingly.
1. Definitions.
(a) "Layoffs" or "Laid off" shall mean the
non -disciplinary termination of employment.
(b) "Seniority" shall mean the time an employee
has worked in a Classification or Series
calculated from the date on which the employee
was first granted permanent status in their
current Classification or any Classification
21
within the Series, subject to the following:
(i) Credit shall be given only for continuous
service subsequent to the most recent
appointment to permanent status in the
Classification or Series;
(ii) Seniority shall include time spent on
industrial leave, military leave and
leave of absence with pay, but shall not
include time spent on any other
authorized or unauthorized leave of
absence.
(c) "Classification" shall mean one or more full
time positions identical or similar in duties
and embraced by a single job title authorized
in the City budget and shall not include
part-time, seasonal or temporary positions.
Classifications within a Series shall be
ranked according to pay (lowest ranking,
lowest pay).
(d) "Series" shall mean two or more
Classifications within a Department which
require the performance of similar duties with
the higher ranking Classification(s)
characterized by the need for less supervision
by superiors, more difficult assignments, more
supervisory responsibilities for subordinates.
The City Manager shall determine those
Classifications which constitute a Series.
(e) "Bumping Rights", "Bumping" or "bump" shall
mean the right of an employee, based upon
seniority within a series, to displace a less
senior employee in a lower Classification
within the Series. No employee shall have the
right to Bump into a Classification for which
the employee does not possess the minimum
qualifications such as specialized education,
training or experience.
2. Procedures.
In the event the City Manager determines to reduce
the number of employees within a Classification,
the following procedures are applicable:
(a) Temporary and probationary employees within
any Classification shall, in that order, be
22
laid off before permanent employees.
(b) Employees within a Classification shall be
laid off in inverse order of seniority;
(c) An employee subject to layoff in one
Classification shall have the right to Bump a
less senior employee in a lower ranking
Classification within a Series. An employee
who has Bumping Rights shall notify the
Department Director within three (3) working
days after notice of layoff of his/her
intention to exercise Bumping Rights.
(d) In the event two or more employees in the same
Classification are subject to layoff and have
the same seniority, the employees shall be
laid off in inverse order of their position on
the eligibility list or lists from which they
were appointed. In the event at least one of
the employees was not appointed from an
eligibility list, the Department Director
shall determine the employee(s) to be laid
off.
Notice.
Employees subject to lay-off shall be given at
least thirty (30) days advance notice of the layoff
or thirty (30) days pay in lieu of notice. In
addition, employees laid off will be paid for all
accumulated paid leave, holiday leave (if any), and
accumulated sick leave to the extent permitted by
the Personnel Resolution.
4. Re-EmQloyment .
Permanent and probationary employees who are laid
off shall be placed on a Department re-employment
list in reverse order of layoff. The re-employment
list shall remain in effect until exhausted by
removal of all names on the list. In the event a
vacant position occurs in the Classification which
the employee occupied at the time of layoff, or a
lower ranking Classification within a Series, the
employee at the top of the Department re-employment
list shall have the right to appointment to the
position, provided, he or she reports to work
within seven (7) days of written notice of
appointment. Notice shall be deemed given when
personally delivered to the employee or deposited
23
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 Personnel Director.
5. Severance Pay.
Permanent employees who are laid off shall, as of
the date of lay-off, receive one week severance pay
for each year of continuous service with the City
of Newport Beach.
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 Personnel
Resolution, any provision of Resolution No. 71-73,
or this MOU.
2. Guidelines.
Any NBPMA member may file a grievance without fear
of retaliation or any adverse impact on any term or
condition of employment.
(a) A grievance shall not be filed to establish
new rules or regulations, change prevailing
ordinances or resolutions, nor circumvent
existing avenues of relief where appeal
procedures have been prescribed.
(b) A member may be self -represented or
represented by one other person.
(c) A member and any representative shall be given
notice of the time and place of any 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
24
amicable manner. The time limit specified may
be extended upon mutual agreement expressed in
writing.
(e) The procedures in this MOU represent the sole
and exclusive method of resolving grievances.
3. Procedure
A. Stems
NBPMA members occupying the position of
Sergeant or Lieutenant shall present any
grievance to the supervising Captain, and may
appeal the decision of the supervising Captain
to the Chief of Police and City Manager by
complying with the procedures in this
subsection. Any member occupying the position
of Captain shall present any grievance to the
Chief of Police, and may appeal the decision
to the City Manager by following the
procedures outlined in this subsection. The
decision of the City Manager shall be final.
B. Written Notice
All grievances shall be submitted in writing.
The grievance shall be submitted within ten
(10) working days after the member knew, or in
the exercise of reasonable diligence should
have known, of the act or events upon which
the grievance is based. The grievance shall
contain a complete statement of the matters at
issue, the facts upon which the grievance is
based, and the remedy requested by the member.
All appeals shall be in writing and, in
addition to the matters which must be stated
in any grievance, shall specify the decision
or decisions which form the basis of the
appeal. Grievances and appeals shall be
deemed submitted when personally delivered to
the appropriate supervisor or the Chief of
Police.
C. Hearings/Meetings
The appropriate supervisor, Chief of Police or
City Manager shall meet with the member and
any representative in an effort to resolve the
grievance. The meeting shall be conducted
within ten (10) working days after the appeal
25
or grievance is served. The meeting shall be
informal and the discussion should focus on
the issues raised by the grievance. Written
decisions on the grievance or appeal shall be
served on the employee within ten (10) working
days after the meeting.
4. General Grievance.
A general grievance affecting more than one NBPMA
member may be filed by NBPMA on behalf of the
affected employees with the Chief of Police. The
grievance shall contain a complete statement of the
matters at issue, the facts upon which the
grievance is based, and the remedy requested by
NBPMA. The Chief of Police shall meet with NBPMA
representatives within ten (10) days following
receipt of the grievance and provide a written
decision on the grievance within ten (10) working
days after the meeting. In the event NBPMA is
dissatisfied with the decision of the Chief of
Police, it may appeal to the City Manager by
following the procedures outlined in Step 4 of the
procedure applicable to employees. In the event
NBPMA is dissatisfied with the decision of the City
Manager, it may appeal the decision to the Civil
Service Board by filing a written notice of appeal
within fifteen (15) days after receipt of the
decision.
D. Re -opener.
Should other employee groups not be required to agree to
equivalent leave reductions by January 1998, the City
agrees to reopen negotiations on the leave portion of
this agreement only. The parties intent is to insure
that equivalent leave reductions be applied to all
employee organizations. Absent compensating factors
(other reduction) if equivalent reductions are not
achieved the stated intent is to adjust leave accruals
consistent with those granted to other organizations.
26
Executed this day of , 1996:
ATTEST:
By:
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
By:
By:
Steve Van Horn
Fred Heinecke
CITY OF NEWPORT BEACH
By:
John Hedges
Mayor
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
27