HomeMy WebLinkAbout11 - Tentative Agreement with Newport Beach Police Association (NBPA)Po- CITY OF
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'= NEWPORT BEACH
��<Fo'P City Council Staff Report
May 27, 2025
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Barbara J. Salvini, Human Resources Director - 949-644-3259,
bsalvini@newportbeachca.gov
TITLE: Tentative Agreement with Newport Beach Police Association (NBPA)
ABSTRACT:
The Memorandum of Understanding (MOU) between the City of Newport Beach and the
Newport Beach Police Association (NBPA or Association) expires November 30, 2025.
At the NBPA's request, the parties began negotiating the terms and conditions of a
successor agreement in March 2025. After several productive meetings, a Tentative
Agreement (Agreement) has been reached. The Agreement addresses wages, benefits,
and other terms and conditions of employment for employees represented by the NBPA
and was negotiated as required under the Meyers-Milias-Brown Act, California
Government Code §3500.
To promote greater transparency in the negotiations process, including the costs
associated with the labor contract, the Agreement with the NBPA is being presented at
this time for public review and comment. The complete Agreement, which spans the
period May 31, 2025, through June 30, 2028, will be presented again for City Council
adoption (or rejection) at the June 10, 2025 regular meeting.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Receive and consider the Tentative Agreement between the City of Newport Beach
and the Newport Beach Police Association.
DISCUSSION:
The NBPA is an exclusively recognized bargaining unit and represents safety and
non -safety members. City staff members, Association members, and their respective legal
representatives began negotiating the terms and conditions of a successor agreement in
March 2025. Topics discussed during negotiations included wage and equity adjustments,
specialty pays, holiday time, the medical cafeteria allowance, retirement contributions, and
other non -economic matters. Additionally, language was added to the proposed
Agreement to clarify the intent behind existing terms and conditions.
Tentative Agreement with Newport Beach Police Association (NBPA)
May 27, 2025
Page 2
Key provisions of the Tentative Agreement between the City and the NBPA include:
• Term: May 31, 2025, through June 30, 2028.
• Wage adjustments
✓ May 31, 2025 — 4%
✓ July 2026 — 4%
✓ July 2027 — 4%
• Equity adjustments
✓ May 31, 2025 — 8% for all sworn
✓ May 31, 2025 — 5% for Police Fiscal Services/Facilities Manager Job
Classification
• Salary schedule adjustments for all unit members (sworn and non -sworn)
• Additional City contribution of $400 per month to the employee medical cafeteria
allowance (this includes the temporary additional $100 per month referenced in
the November 29, 2022 and August 15, 2024 side letters between the City of
Newport Beach and the Newport Beach Police Association)
• Decreased non -sworn contribution to the CalPERS retirement benefit (varies by
retirement tier)
• Adjustments to holiday pay for all members requiring total cash -out of the holiday
pay benefit
• Adjustments and/or additional special assignment pays:
✓ Field Training premium for sworn officers equal to 15% of base salary for
hours worked as a Field Training Officer with a trainee
✓ Detective Pay premium for sworn officers equal to 3% of base salary
✓ SWAT Pay premium for sworn officers equal to 2% of base salary
✓ Crisis Negotiation Team premium for sworn officers equal to 1 % of base
salary
• Adjustments to longevity pay for non -sworn members
• Police Mechanic Tool Stipend of $500 per year
A draft version of the Tentative Agreement between the City and the NBPA is included
as Attachment A, with changes from the current agreement in redline. Costing information
for NBPA is included as Attachment B. The total cost of the NBPA Agreement is estimated
to be approximately $19.3 million.
Following City Council review of the Tentative Agreement and proposed MOU with the
NBPA, a final version of the successor MOU will be presented at the June 10, 2025
regular meeting. In the interim, costing information and proposed revisions to the MOU
will be posted for public review on the City's website.
11-2
Tentative Agreement with Newport Beach Police Association (NBPA)
May 27, 2025
Page 3
The Agreement will not become effective, per Government Code §3505.1, until the City
Council takes action to adopt it. If the City Council approves adoption of the Tentative
Agreement with the NBPA at the June 10, 2025 meeting, City staff will work to implement
the provisions as soon as practicable.
FISCAL IMPACT:
Detailed cost information is provided in Attachment B. Since the MOU covers the period
from May 31, 2025, through June 30, 2028, it will result in the following annual fiscal
impacts to implement the terms of the agreement, totaling $19,291,939:
2024/25
$ 361,589
2025/26
4,692,100
2026/27
6,263,565
2027/28
7.974.685
Sufficient projected unassigned General Fund balance reserves are available to support
the required appropriations. Following the City Council's consideration of the Tentative
Agreement, staff will return with a budget amendment in the amount of $361,589 to
appropriate the funds needed to cover the cost of the contract for the current fiscal year.
Adequate funding will be included in the annual budgets for subsequent years.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Tentative Agreement and proposed MOU (redlined) between the City and
the NBPA
Attachment B — Estimated Cost of Contract with NBPA
11-3
ATTACHMENT A
Page 11
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH POLICE ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
PREAMBLE
The Newport Beach Police Association ("NBPA" or "Association"), a recognized
employee organization, and the City of Newport Beach ("City"), a municipal
corporation and charter city, have been meeting and conferring, in good faith, with
respect to wages, hours, fringe benefits and other terms and conditions of
employment.
2. This MOU, upon approval by NBPA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters set forth herein.
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A. RECOGNITION
In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers-
Milias-Brown Act of the State of California and the provisions of the Employer -Employee
Relations Resolution No. 2001-50, the City acknowledges that NBPA is the majority
representative for the purpose of meeting and conferring regarding wages, hours and
other terms and conditions of employment for all employees in those classifications
specified in Exhibit "A" or as appropriately modified in accordance with the Employer -
Employee Relations Resolution. All other classifications and positions not specifically
included within Exhibit "A" are excluded from representation by NBPA.
B. TERM
Except as specifically provided otherwise, any ordinance, resolution or action of
the City Council necessary to implement this MOU shall be considered effective as
of July -May 31, 20254. This MOU shall remain in full force and effect through
^ evernberjune 30, 2028-5, 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 provisions of this MOU shall prevail over conflicting provisions of the Newport
Beach City Charter, the ordinances, resolutions and policies of the City of Newport
Beach, and federal and state statutes, rules and regulations which either
specifically provide that agreements such as this prevail, confer rights which may
NBPA MOU 2021-2025
11-4.1
Page 12
be waived by any collective bargaining agreement, or are, pursuant to decisional
or statutory law, superseded by the provisions of an agreement similar to this MOU.
C. RELEASE TIME
1. NBPA members (as described in paragraph 2 below) shall be allowed to participate
in the following activities during scheduled working hours without loss of pay
("Release Time"):
a. attendance at off -site meetings, conferences, seminars or workshops
related to matters within the scope of representation. Employees must use
the hours described in C2(a) below for these purposes;
b. to prepare for scheduled meetings between the City and NBPA during the
meet and confer process.
to travel to; and attend scheduled meetings between the City
and NBPA during the meet and confer process.
ii. to travel to and attend scheduled grievance and disciplinary
hearings.
iii. to meet, for up to one hour, with their representative prior to a
hearing described in subsection C.1.c.ii above.
2. NBPA shall designate certain members as those members entitled to release time.
Designates must give reasonable advance notice to, and obtain permission from,
their supervisor prior to use of release time, or, prior to adjusting work hours.
Requests for release time shall be granted by the supervisor unless there are
specific circumstances that require the designate to remain on duty. Designates
shall, to the maximum extent feasible, receive shift assignments compatible with
participation in the meet and confer process.
a. The NBPA President shall be entitled to a maximum of 250 hours per
calendar year for appropriate association related business, excluding time
required for the meet and confer process. The NBPA President shall, at
his/her discretion, allocate Release Time to NBPA Board members or other
designates, to a maximum of 150 hours per year per individual. In the event
the 250 hours for the President or 150 hours for other NBPA designates are
insufficient, the President may submit a request to the Police Chief, with
justification, that additional hours be granted. In no event shall the
Association be granted more than a total of 500 hours per year for all
designates.
b. Any NBPA negotiating team member may request and shall (subject to the
approval process above) be granted flex work hours on any scheduled work
day during which the negotiating team member is to attend a meet and
confer session. Employees may flex start/finish time up to two (2) hours.
NBPA MOU 2021-2025
11-4.2
Pape 13
3. City grants NBPA members the right to engage in the activities described in
subsection 1(c)(i) at any time without any reduction to City -provided Release Time
or to any Release Time bank created pursuant to subsection C.5.
4. City Grants NBPA 500 hours of Release Time per calendar year to engage in the
activities described in subsection C.1.a and 1.b. (City- provided Release Time.)
NBPA may carry over up to 300 hours of City -provided Release Time into the
ensuing calendar year.
5. In addition to City -provided Release Time and Release Time provided pursuant to
subsection C.3, NBPA members may voluntarily contribute up to two hours of
earned compensatory time off ("CTO") to an NBPA Release Time Bank. Members
may contribute earned CTO only during the period from July 1 through August 15
during any calendar year. However, members shall not have the right to contribute
CTO to the NBPA Release Time bank if NBPA has accumulated more than 600
hours of total Release Time. Contributions may be made only in hourly increments.
Contributions shall be on forms prepared by the City which shall then be submitted
to the appropriate department employee. City shall advise NBPA as to the balance
of hours in the Release Time Bank upon request. For purposes of this
subparagraph only, the term "compensatory time off or CTO" includes accrued Flex
leave.
6. There is no entitlement to release time for any matter not set forth above.
D. SCOPE
All present written rules and current established practices and employees' rights,
privileges and benefits that are within the scope of representation shall remain in
full force and effect during the term of this MOU unless specifically amended by
the provisions of this MOU.
2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and
non-exclusive managerial rights, powers, functions and authorities ("Management
Rights") as set forth in Resolution No. 2001-50. Management Rights include, but
are not limited to, the following.
a. the determination of the purposes and functions of the Police Department;
b. the establishment of standards of service;
c. to assign work to employees as deemed appropriate;
d. the direction and supervision of its employees;
e. the discipline of employees;
f. the power to relieve employees from duty for lack of work or other legitimate
reasons;
NBPA MOU 2021-2025
11-4.3
Page 14
g. to maintain the efficiency of operations;
h. to determine the methods, means and personnel by which Police
Department operations are to be conducted;
the right to take all necessary actions to fulfill the Department's
responsibilities in the event of an emergency;
the exercise of complete control and discretion over the manner of
organization, and the appropriate technology, best suited to the
performance of departmental functions.
The practical consequences of a Management Rights decision on wages, hours,
and other terms and conditions of employment shall be subject to the grievance
procedures.
E. CONCLUSIVENESS
This MOU contains all of the covenants, stipulations, and provisions agreed upon by the
parties. Therefore, for the term of this MOU, neither party shall be compelled, and each
party expressly waives its rights to request the other to meet and confer concerning any
issue relating primarily to matters within the scope of representation, except as expressly
provided herein or by mutual agreement of the parties. No representative of either party
has the authority to make, and none of the parties shall be bound by, any statement,
representation or agreement which is not embodied in this MOU.
Subject to the paragraph above, this section shall not be construed to prevent the Newport
Beach Police Department from giving notice to the Association and affording the
Association the opportunity to meet and confer on the impact of policy changes or the
exercise of management rights. However, the terms of this MOU may not be modified
through the impact negotiations process; except by mutual agreement.
F. MODIFICATIONS
Any agreement, alteration, understanding, variation, or waiver or modification of any of
the terms or provisions of this MOU shall not be binding upon the parties unless contained
in a written document executed by authorized representatives of the parties.
G. BULLETIN BOARDS
Space shall be provided on bulletin boards within the Police Department at their present
location for the posting of notices and bulletins relating to NBPA business, meetings, or
events. All materials posted on bulletins boards by the NBPA shall indicate that the NBPA
posted it. Material posted shall not contain personal attacks on any City official or
employee, any material which constitutes harassment, discrimination or retaliation on the
basis of any protected class under the law or other statutorily or constitutionally
impermissible basis, or any pornographic or obscene material.
NBPA MOU 2021-2025
11-4.4
Page 15
H. NO STRIKE
The parties recognize their mutual responsibility to provide the citizens of Newport Beach
with uninterrupted municipal services and, therefore, the parties agree not to conduct
concerted strike, work slowdown, sick out, withholding of services, or lockout activities.
SAVINGS
If any provision of this MOU shall be held invalid by any court of competent jurisdiction,
or if compliance with or enforcement of any provision shall be restrained by court action,
or other established governmental administrative tribunal, the remainder of this MOU shall
not be affected, and the parties shall replace such invalidated provision with another of
similar or equal value through the negotiations process.
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.
SECTION 2. COMPENSATION
A. SALARY ADJUSTMENTS
Base salary increases for all NBPA represented classifications shall be as follows and as
specified in Exhibit B:
i. Effective May 31, 2025, hnG�o-the base salary of all
represented classifications shall increase by 4% (COLA)
ii. Effective the beginning of the first full pay period after July 1,
2026, 4 e^ the base salary of all represented
classifications shall increase by 4% (COLA);
iii. Effective the beginning of the first full pay period after July 1,
2027, hn^the base salary of all represented
classifications shall increase by 4% (COLA).
iv. Equity Adiustments :
V. Effective May 31, 2025, the Police Officer classification will
receive an 8% equity adjustment to base salary in addition to the
4% COLA provided above in 2(a). The equity adiustment will
not compound with the simultaneous COLA provided in 2A1{a)
(i.e., Police Officer base salary will increase by a total of 12%
effective May 31, 2025).
vi. 'n�To resolve a current compensation dispute, effective
May 31, 2025, the Police Fiscal Services/Facilities Manager
NBPA MOU 2021-2025
11-4.5
Page 16
classification will receive a 5% equity adjustment to base salary
in addition to the 4% COLA provided above in 2�gL2A1 The
equity adjustment will not compound with the simultaneous
COLA provided in 2A1 (i.e., Police Fiscal Services/Facilities
Manager base salary will increase by a total of 9% effective May
31 2025 .
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NBPA MOU 2021-2025
11-4.6
Page 17
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�B. SALARY SCHEDULE ADJUSTMENTS
1. Salary Schedule for the Sworn
Effective Mav 31. 2025:
Eliminate Steps 1-4 so that the old Step 5 becomes the new Step 1.
a. Implement a 5% salary differential between each step
i. Note: this eliminates the 10% differential between the old Steps
6 and 7
b. Steps will progress 1-9
Note: this effectively adds a step to ensure that max salary is
not reduced by the elimination of the 10% differential between the
old Steps 6 and 7
c. —In subseauent c vears. all Police Officers hired prior to the
effective date of this step adiustment will be eliaible for a ste
increase at the beginning of the first full pay period in July ("Step
Increase Eligibility Date'), subject to the year -of -service
requirements outlined below:
i. Police Officers are eligible to move from Step 1-7 after 1 year
of service at the prior step
ii. Police Officers are eligible to move from Step 7 to 8 after 2
years of service at Step 7
iii. Police Officers are eligible to move from Step 8 to 9 after 2
years of service at Step 8
d. Police Officers hired after the effective date of this ste
adjustment will be eligible for step increases on their anniversary
dates, subiect to the year -of -service requirements outlined below:
i. Police Officers are eligible to move from Step 1-2 after 6
months of service at Step 1.
NBPA MOU 2021-2025
11-4.7
Page 18
ii. Police Officers are eligible to move from Step 2-7 after 1 year
of service at the prior step
iii. Police Officers are eligible to move from Step 7 to 8 after 2
years of service at Step 7
iv. Police Officers are eligible to move from Step 8 to 9 after 2
years of service at Step 8
v. Note: assuming a normal progression through the steps,
this means that officers starting at the New Step 1 can get
to top step after 9.5 years.
e. The City retains its existing discretion to appoint new hires at steps
above Step 1 ("New Lateral Hires') . New Lateral Hires will be
subiect to the same requirements for step increases set forth above
in Section 2.(8)(1)(e).
2. Salary Schedule for the Non -Sworn
Effective May 31, 2025
a. Eliminate Steps 1-3 for the Community Services Officer (CSO) so
that the old Step 4 becomes the new Step 1; eliminate Step 1 for
all other non -sworn classifications so that the old Step 2 becomes
the new Step 1
b. Steps will progress 1-8
c. Each step will be 5% higher than the prior step
d. Except for employees who are already at the current top step, all non -
sworn employees will be moved to the new step with the salary
that is closest to but higher than the salary at their current step.
Employees who are already at the current top step will remain at
the top step in the new salary structure.
e. In subsequent c-aienda years, all Non -Sworn members hired prior
to the effective date of this step adjustment will be eligible for a
step increase at the beginning of the first full pay period in July
("Step Increase Eligibility Date")..
f Non -Sworn members hired after the effective date of this step
adiustment will be eligible for step increases on their anniversary
dates, subiect to the year -of -service requirements outlined below:.
i. Employees are eligible to move from Step 1 to 2 after 6
months of service at Step 1
ii. Employees are eligible to move between Steps 2-8 after 1
year of service at prior step
g. The City retains its existing discretion to appoint new hires at steps
NBPA MOU 2021-2025
11-4.8
Page 19
above Step 1 ("New Lateral Hires"). New Lateral Hires will be
subiect to the same requirements for step increases set forth above
in Section 2. (8) (2) (D.
NBPA MOU 2021-2025
11-4.9
Page 110
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C. ADVANCED POST CERTIFICATION FOR POLICE OFFICERS
Police Officers shall receive five and one quarter percent (5.25%) of base salary paid in
each pay period upon earning an Advanced POST Certificate. When an employee
qualifies for and has applied for an Advanced POST Certificate for the first time, the
employee shall provide the City's Human Resources Department with proof of an
Advanced POST Certification application submittal. Employee will then be eligible for this
pay on the first day of the next pay period after submission to HR.
If POST correctly denies the application for the Certification the employee will be
responsible for reimbursing the City for any payments previously received (over the same
period the payments were made).
The parties agree that to the extent permitted by law, the education pay in this section is
special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR,
Section 571(a)(2) Peace Officer Standards and Training (POST) Certificate Pay.
D. DISPATCH/RECORDS SKILLS INCENTIVE PAY
NBPA MOU 2021-2025
11-4.10
Page 111
Effective in the pay period including April 1, 2018, Full time non -sworn employees who
are consistently and routinely assigned to the Police Communications or Police Records
Divisions shall receive two percent (2.0%) of base salary (paid in each pay period) upon
receipt of one or more of the following certifications: POST Public Safety Dispatcher
Advanced, POST Public Safety Dispatcher Supervisory or POST Records Supervisor.
Unit members who possess more than one of these certifications shall only be paid for
one of them. As such, the maximum an employee can be paid under this section is two
percent (2%).
When an employee receives one of these certificates for the first time after the first day of
the pay period following City Council approval of this MOU, he/she shall provide the City
with a copy of the certificate and will then be eligible for this pay on the first day of the pay
period following the provision of the certificate by the employee to the Human Resources
Department.
The parties agree that to the extent permitted by law, the assignment pay in this section
is special compensation and shall be reported to CaltPERS as such pursuant to Title 2
CCR, Section 571-Educational Incentive igliGe RonE)rds AssigRmeR .
E. LONGEVITY PAY FOR FULL TIME NON -SWORN EMPLOYEES
Full-time, non -sworn employees in the unit (all classifications in the unit except Police
Officer) shall receive longevity pay as follows:
1. For Employees Hired as Full -Time Employees prior to June 26, 2018:
8-11 years of City of Newport Beach Service
2.0%
12-14 years of City of Newport Beach Service
2.5%
15-1924 yeaEs of City of Newport Beach Service
3.0%
2025 years or more of City of Newport Beach
Service
5%
2. For Employees Hired as Full -Time Employees on or After June 26, 2018:
15-19 years of City of Newport Beach Service
1.0%
20-24 years of City of Newport Beach Service
1.5%
25-29 years of City of Newport Beach Service
2.0%
30 years or more of City of Newport Beach Service
2.5%
The years of service provisions in this section are for years of full-time service.
Part-time service does not count toward the years of service provisions.
The parties agree that to the extent permitted by law, the longevity pay in this
section is special compensation and shall be reported to CalPERS as such
pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay.
NBPA MOU 2021-2025
11-4.11
Page 112
F. MEAL PERIOD/CODE SEVEN TIME
Employees in the Unit receive a paid meal period (aka "Code Seven" time). By being paid
for a meal period, each employee in the unit must be available to respond to any work -
related request, emergency or call for service during his/her meal period.
G. OVERTIME
Employees shall be entitled to_ overtime compensation at the rate of time and one
half the regular rate of pay for hours worked in excess of their regularly scheduled
shift. Paid time off shall be considered time worked for overtime calculation
purposes.
2. The rate at which MOU overtime (overtime described above that is not mandated
by the FLSA) does not include any contributions to the City's Cafeteria Plan as set
forth in Section 4 - Fringe Benefits of the MOU.
Employees in the unit must affirmatively account for their time by specifically accounting
for each days' work with the specific number of hours worked, including the use of
appropriate payroll codes for leave, overtime and other purposes.
3. Overtime compensation shall be in the form of compensatory time off or pay at the
election of the employee. Maximum compensatory time accrual shall be 120 hours.
All overtime worked by employees at the CTO maximum threshold shall be paid
as wages.
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.
5. The Police Department has the discretion to schedule any of its employees to work
a regular workday 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
NBPA MOU 2021-2025
11-4.12
Page 113
deployment needs. Unit employees who actually work July 4th will be
compensated at their regular hourly rate, plus premium pay equal to 1/2 of the
hours actually worked on that day. Employees will be provided their regular number
of days off for the month of July (unless otherwise scheduled on an overtime basis),
which will be selected/assigned according to the normal practices of their particular
work unit. Should the employees work an additional shift in subsequent leap years,
compensation shall be paid at the appropriate rate of overtime pay.
6. The City and NBPA jointly petitioned the NLRB and were granted a 7(b) exemption
of the Fair Labor Standards Act to allow for use of the overtime standards as set
forth in this section. The exemption allows continued use of the Department's
alternative/semi-flexible schedule. The 7(b) exemption applies to those
classifications in the unit who do not qualify under Section 7(k) of the FLSA.
7. The Section 7(k) partial overtime exemption: Effective upon City Council approval
of this MOU, all employees in the unit engaged in law enforcement activities -
Police Officer, Police Recruit and Custody Officer are subject to the 28-day FLSA
work period provided for pursuant to Section 7(k) of the Fair Labor Standards Act.
H. OVERTIME COMPENSATION - COURT
Compensation - Employees shall receive either compensatory time (subject to the
maximum accrual of 120 hours addressed in subsection G above) or paid time at
their discretion.
2. On -Call - Off -duty employees on call for court who have not been cancelled prior
to the scheduled standby time shall, whether extended or not, be compensated at
a rate equal to the actual standby time, with a minimum of one (1) hour paid at time
and one-half the employee's MOU overtime rate of pay.
3. Appearance - Off -duty employees who are required to appear in court shall be
compensated for the actual time involved with a minimum of four (4) hours pa id at
time and one-half the employee's regular rate of pay. This minimum four (4) hour
payment assumes that the time the employee who is required to appear in court is
outside his/her regular work hours. If the time the employee is in court overlaps
any part of the employee's regular work hours, the employee will receive his/her
regular pay plus any additional overtime compensation (at time and one half) for
hours which fell outside regular work hours. Employees appearing in court after
being on call the same day shall be compensated from the time listed on the
subpoena until released by the court.
Compensation for hours worked begins when the employee starts driving to court.
However, when the employee is called on the same day and directed to leave the
work location to travel to court, compensation for hours worked begins when the
employee receives the call. Compensation for hours worked ends when the
employee has completed the time in court.
4. Cancellation - Off -duty employees whose court appearance is cancelled with less
NBPA MOU 2021-2025
11-4.13
Page 114
than 12 hours' notice shall receive a payment for one hour at the employee's MOU
Overtime rate of pay.
I. EDUCATION RETENTION INCENTIVE PROGRAM — NON -SWORN
The City has instituted the Education Retention Incentive Program to incentivize non -
sworn employees to pursue furthering their education. Employees shall be eligible for
education payment beyond the minimum qualifications of their current position as follows:
For Members hired as a full-time, non -sworn employee in the Bargaining Unit prior
to June 26, 2018:
30+ units of college credit 0.5%
Associate degree or 60+ units of college credit 1.5%
Bachelor's degree 2.0%
Master's degree, Juris Doctor or Doctor of Philosophy 2.5%
2. For Members hired or rehired as a full-time, non -sworn employee in the Bargaining
Unit on or after June 26, 2018:
Associate degree or 60+ units of college credit 0.5%
Bachelor's degree 1.5%
Master's degree, Juris Doctor or Doctor of Philosophy 2.5%
Amounts above are not cumulative. For example, if an employee with a bachelor's degree
is receiving two percent (2%) and then earns a master's degree, the employee shall earn
a total of two and one half percent (2.5%), not an additional two percent (2.0%) for the
bachelor's degree. Non -sworn NBPA members may apply for increases pursuant to this
Section when eligible. The pay shall be included in the member's paycheck for the pay
period immediately after approval by the Chief of Police. It is the responsibility of the
employee to apply for incentive pay per this program. Approval of the member's
application shall not be unreasonably withheld or delayed, and the member shall not be
entitled to receive the pay prior to the date the application is approved, even though the
member may have been eligible prior to approval.
The parties agree that to the extent permitted by law, the education pay in this section is
special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR,
Section 571(a)(2) Educational Incentive Pay.
J. SCHOLASTIC ACHIEVEMENT PAY - SWORN
Sworn NBPA members are entitled to additional compensation contingent upon scholastic
achievement ("Scholastic Achievement Pay"). Sworn NBPA members may apply for
increases pursuant to this Section when eligible and scholastic achievement pay shall be
included in the member's paycheck for the pay period immediately after approval by the
Chief of Police. It is the responsibility of the NBPA member to apply for Scholastic
NBPA MOU 2021-2025
11-4.14
Page 115
Achievement Pay. Approval of the member's application shall not be unreasonably
withheld or delayed, and the member shall not be entitled to receive scholastic
achievement pay prior to the date the application is approved, even though the member
may have been eligible prior to approval. Scholastic achievement pay is contingent upon
the number of units and/or degrees received by the employee.
For persons hired on or after June 26, 2012 a "degree" shall be defined as a degree
awarded by an institution accredited by the State of California, the United States
Department of Education, the Council for Higher Education, or the Distance Education
Training Council. Eligibility to receive compensation shall be conditioned upon a
determination by the appointing authority that the major in which a degree is earned
and/or a substantial number of earned units which will qualify the individual for a degree,
are in a field or protocol reasonably likely to enhance the employee's job performance.
The Plan consists of levels which reflect multipliers of the base monthly salary. Qualifying
units and/or degrees must be awarded by accredited community colleges, state colleges
or universities. Amounts are not cumulative. The following is a schedule of monthly
payments pursuant to the Scholastic Achievement Program:
For employees hired as a full time sworn employee before July 1, 2012 scholastic
achievement pay is:
30 Units 60 Units 90 Units BA/BS MA/MS/JD
1 % 2% 3% 5.5% 7.5%
Any unit members hired on and after July 1, 2012 shall be ineligible for any scholastic pay
based upon having obtained units only. Such employees are eligible for Scholastic
Achievement Pay as follows:
BA/BS MA/MS/JD
5.5% 7.5%
If an employee with a bachelor's degree who is receiving five and one half percent (5.5%)
earns a master's degree or Juris Doctorate, said employee shall earn a total of seven and
one half percent (7.5%), not an additional five and one half percent (5.5%) for the
bachelor's degree.
The parties agree that to the extent permitted by law, the Scholastic Achievement pay in
this section is special compensation and shall be reported to CalPERS as such pursuant
to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay.
K. NON -SWORN PERSONNEL SHIFT DIFFERENTIAL
The night shift differential pay for non -sworn personnel shall be $1.50 per hour between
the hours of 6 p.m. and 6 a.m.
The parties agree that to the extent permitted by law, the shift differential pay in this
section is special compensation and shall be reported to CalPERS as such pursuant to
NBPA MOU 2021-2025
11-4.15
Page 116
Title 2 CCR, Section 571(a)(4) Shift Differential Pay.
L. TRAINING PAY
Police Officers assigned to Field Training Officer duties for either Regular or Reserve
officers and Civilian Employees assigned to training duties for new employees are entitled
to receive compensation for these extra duties. To be eligible for compensation, the
employee shall have completed a 40- hour FTO course and shall be required to complete
a Daily Evaluation Report for each shift worked with a trainee. Employees assigned full
training responsibilities who have not completed the FTO course shall be eligible for
compensation pending course completion. After the effective date (May 31, 2025),
€employees will receive a premium equal to 15% of base salary for hours worked as an
FTO with a trainee.he nemnensated fer each shift worked as an FTrl with a trainee at the
rate ef 1.5 straight tome heuirs (i.e., base pay) per shift. if aR empleyee werks fer less t
a shift as aR FTO, he/she will reGeive a pFe rated amount (of 1.5 straight tome heurs) f&r
the hei rrs worked as an FTC).
The compensation provided under this section is paid to employees who are routinely and
consistently assigned to train employees The parties agree that to the extent permitted
by law, the Training Pay in this section is special compensation and shall be reported to
CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Training Premium.
M. SPECIAL ASSIGNMENT PAY
1. Detective Pay for Sworn Unit Members:
Employees assigned as Detectives shall receive an increase in pay equal to 3%
of base salary. The parties agree that to the extent permitted by law, the
assignment pay in this section is special compensation and shall be reported to
Ca1PERS as such aursuant to Title 2 CCR. Section 571 Educational Incentive.
2. SWAT Pa for Sworn Unit Members:
Emplovees assianed to the SWAT Team shall receive an increase in oav eaual to
2% of base salary. The parties agree that to the extent permitted by
law, the assignment pay in this section is special compensation due to hazardous
activities to implement health/safety procedures and shall be reported to
CalPERS as such pursuant to Title 2 CCR. Section 571 Hazard Premium.
3. Crises Negotiation Team (CNT) Pay for Sworn Unit Members:
•. -• • • •.WE
.. •.:.::.�:.�,•y.��.:�,:...r�n
The three premiums identified above will not stack. Members assigned to
NBPA MOU 2021-2025
11-4.16
Page 117
more than one of these special assignments will receive only the premium for the
special assignment with the highest pay.
N. MOTOR OFFICER PAY
1. On -Duty Pay for Motor Officers:
Employees assigned as Motor Officers who routinely and consistently patrol the City
on a motorcycle shall receive six hours of straight time compensation paid at time and
one half (1.5) per month for the on -duty responsibilities of being assigned as a Motor
Officer. The parties agree that to the extent permitted by law, this Motor Officer pay is
special compensation and shall be reported to CalPERS as such pursuant to Title 2
CCR, Section 571(a)(4) Motorcycle Patrol Premium.
2. Off -duty Pay for Motor Officers:
Employees assigned to work as Motor Officers who maintain and service their
motorcycle off -duty are entitled to compensation for such off -duty activities. The
parties acknowledge that the Fair Labor Standards Act (FLSA), which governs the
entitlement to compensation for off -duty motorcycle duties, entitles the parties to agree
to a reasonable number of hours per month for the performance of such duties. The
FLSA also allows the parties hereto to agree on appropriate compensation for the
performance of such off -duty motorcycle duties. It is the intent of the parties through
the provisions of this Subsection to fully comply with the requirements of the FLSA
and that such provisions do comply with the FLSA.
Employees assigned to work as Motor Officers shall receive an additional four (4)
hours per month paid at California minimum wage (currently $16.50) camper hour
at time and one half (1.5). See 29 USC � 207(g)(2). This pay is in recognition of the
off -duty responsibilities of being a Motor Officer, i.e., for maintaining and servicing the
motorcycle. This pay for off- duty responsibilities shall not be reported to CalPERS as
special compensation. Employees assigned to work as Motor Officers who are
required to perform extraordinary off -duty motorcycle care (in rare instances) which
causes a substantial increase in the normal off -duty hours worked for that month, shall
submit a written request to the Police Chief or the Chiefs assigned designee for
additional compensation for the hours spent performing such work. This pay for
extraordinary off -duty motorcycle care shall not be reported to CalPERS as special
compensation.
O. CANINE OFFICER PAY:
1. On -Duty Pay for Canine Officers:
Employees assigned as Canine Officers shall receive an p4pypt egui alept to fifteen
(15) hours per month paid at their regular hourly rate of pay for the on -duty
responsibilities of being assigned as a Canine Officer. The parties agree that to the
extent permitted by law, this Canine Officer pay is special compensation and shall be
NBPA MOU 2021-2025
11-4.17
Page 118
reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Canine
Officer/Animal Premium.
2. Off -duty Pay for Canine Officers:
Employees assigned to work as Canine Officers who routinely and consistently
handle, train, and board the canines off -duty are entitled to compensation for such off -
duty activities. The parties acknowledge that the Fair Labor Standards Act (FLSA),
which governs the entitlement to compensation for off -duty canine duties, entitles the
parties to agree to a reasonable number of hours per month for the performance of
such duties. The FLSA also allows the parties hereto to agree on appropriate
compensation for the performance of such off -duty canine duties. It is the intent of the
parties through the provisions of this Subsection to fully comply with the requirements
of the FLSA and that such provisions do comply with the FLSA.
Employees assigned to work as Canine Officers shall receive compensation of fifteen
(15) hours a month per month paid at California minimum wage (currently $16.50�
$1-5.99 per hour at time and one half (1.5) for off -duty canine duties. See 29 USC
207(g)(2). This pay is for the off -duty responsibilities of Canine Officers and represents
a good faith estimate by the parties of the typical amount of time necessary to perform
such duties.. This pay for off -duty responsibilities shall not be reported to CalPERS as
special compensation.
Employees assigned to work as Canine Officers who are required to perform
extraordinary off -duty canine care, such as a veterinary emergency or other rare
occurrence, which causes a substantial increase in the normal off -duty hours worked
for that month, shall submit a written request to the Police Chief or the Chiefs assigned
designee for additional compensation for the hours spent performing such work. This
pay for extraordinary off- duty canine care shall not be reported to CalPERS as special
compensation.
P. MATRON PAY
Any female non -sworn employees assigned matron duties (i.e., monitoring the intake of
female prisoners) shall receive an additional one and one-half (1'/2) hours at the base rate
of pay for each shift matron duties are performed.
Q. MINIMUM CALL BACK
The following shall determine the type of compensation for the overtime worked:
a. Call Out - off duty personnel called out for a special assignment (two hour
minimum).
b. Call back shall be paid only for hours not contiguous to the employee's
regular work schedule when they are required to physically return to work.
The minimum two (2) hour payment assumes that the time the employee
who is called back occurs outside his/her regular work hours. If the time the
employee is called back overlaps any part of the employee's regular work
NBPA MOU 2021-2025
11-4.18
Page 119
hours, the employee will receive his/her regular pay plus any additional time
(at time and one half) for hours which fall outside regular work hours.
R. BILINGUAL PAY
Employees certified as bilingual (Spanish) shall be eligible to receive Two Hundred
($200.00) Dollars per month (paid each pay period) in bilingual pay. The existing
certification process will confirm that employees are fluent at the street conversational
level in speaking, reading and writing Spanish. Employees certified shall receive bilingual
pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this section by the
Chief of Police.
The parties agree that to the extent permitted by law, the Bilingual pay in this section is
special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR,
Section 571(a)(4) Bilingual Premium.
S. CERTIFICATION PAY
Unit employees in Mechanic classification shall be eligible for annual certification pay as
follows:
1. Smog License - $250.00
2. Fire Mechanic State Level 1- $100.00
3. Fire Mechanic State Level II - $200.00
4. ASE Certification - $25.00 per certification up to a maximum of eight (8) and
$100.00 for possessing a current ASE Master Truck Technician and $100.00 for
possessing a current ASE Master Automobile Technician certification.
5. Commercial Driver's License, Class A - $100.00
6. Commercial Driver's License, Class B - $75.00
The parties agree that to the extent permitted by law, these first four certification pays in
this section are special compensation and shall be reported to CaIPERS as such pursuant
to Title 2 CCR, Section 571(a)(2) Mechanical Premium.
T. UNIFORM ALLOWANCE.
The City reports to PIERS a uniform allowance amount of $1,100 per year for sworn
officers; $118.56 per year for non -sworn personnel, subject to the provisions and
limitations under the Public Employees' Retirement Law, including restrictions on
reporting uniform allowance as pensionable compensation for "non -classic" members
hired after January 1, 2013.
NBPA MOU 2021-2025
11-4.19
Page 120
PERS Reporting of Uniform Allowance - To the extent permitted by law, the City shall
report to the California Public Employees' Retirement System (CaIPERS) the uniform
allowance for each sworn and civilian classification as special compensation in
accordance with Title 2, California Code of Regulation, Section 571(a)(5).
Notwithstanding the previous sentence, for "new members" as defined by the Public
Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as
pensionable compensation to CaIPERS.
SECTION 3. LEAVES
A. FLEX LEAVE
1. Non -Sworn NBPA members shall accrue (prospectively) flex leave based on the
greater of their total continuous years of full-time service with the City of Newport
Beach. Police Officers shall accrue (prospectively) flex leave based on their total
full-time employment as a sworn law enforcement officer, including up to a
maximum of six months time employed as a police recruit or similar classification
in a police training academy. Flex time is accrued while an employee is in paid
status, including paid leave time.
The Flex Leave accrual rate shall be:
Years of Hours Accrued Per Hours Maximum
Continuous Service Pay Period Accrued Balance
Annually (total Hours)
Less than 5
6.31
164.06
441.70
5 but less than 9
6.92
179.92
484.40
9 but less than 12
7.54
196.04
527.80
12 but less than 16
8.16
212.16
571.20
16 but less than 20
8.77
228.02
613.90
20 but less than 25
9.38
243.88
656.60
25 and over
10.00
260.00
700.00
2. The Flex leave program shall be administered as follows:
a. NBPA members will normally accrue three months (i.e., 41.02 hours) of flex
leave (as provided in the chart in paragraph Al above) immediately upon
completion of three (3) months continuous employment with the Newport
Beach Police Department, provided however, this amount shall be reduced
by any flex leave time advanced during the first three months of
employment.
b. Members employed by the City prior to initiation of the flex leave program
NBPA MOU 2021-2025
11-4.20
Page 121
have had then current accrued vacation time converted to flex leave on an
hour for hour basis with then current sick leave placed in a bank to be used
as provided in Section 11.2 of the City of Newport Beach Employee Policy
Manual. Members entitled to use sick leave pursuant to Section 11.2A of
the Employee Policy Manual must notify appropriate department personnel
of their intention to access the sick leave bank and, in the absence of
notification, absences will be charged to the member's flex leave account.
Members who wish to convert an absence from flex leave to sick leave must
submit a written request to the Chief of Police within twenty (20) days after
the absence (20 days from the last absence in the event the member was
continuously absent for more than one day) specifying the nature of the
illness and the person notified of the intent to use sick leave, or the reasons
for the failure to notify appropriate department personnel. The Chief of
Police shall grant the request for conversion if the member submits a written
statement signed by his or her attending physician confirming the illness
and the Police Chief determines that the member's failure to notify
appropriate departmental personnel was reasonable under the
circumstances.
c. NBPA members first hired by the City prior to September 1, 1997, shall be
paid for all flex leave that accrues in excess of the flex leave accrual
threshold (Flex Leave Spillover Pay). Flex Leave Spillover Pay will be paid
at the member's regular hourly rate of pay. Effective during the first pay
period of January, 1998, NBPA members who have not utilized at least 80
hours of flex leave during the prior calendar year shall not accrue flex leave
in excess of the Flex Leave Accrual Threshold and shall not be entitled to
Flex Leave Spillover Pay.
d. NBPA members first hired, or rehired by the City subsequent to September
1, 1997, shall not be eligible for Flex Leave Spillover Pay and shall not be
entitled to accrue flex leave in excess of the Flex Leave Accrual Threshold.
e. All requests for scheduled flex leave shall be submitted to appropriate
department personnel. Flex leave may be granted on an hourly basis. In no
event shall a member take or request flex leave in excess of the amount
accrued.
f. Members shall be paid for all accrued flex leave at their then current hourly
rate of pay upon termination of the employment relationship.
g. Should approved leave be canceled due to the needs of the City, a
reasonable extension of time (up to 90 days) will be granted for employees
to reschedule the leave without the loss of spillover or leave accrual.
h. Employees who are regularly assigned to work 2088 hours per year
because they are regularly assigned to work one hundred 174 twelve (12)
hour shifts per year shall be credited with two hours paid leave per quarter
worked on the 12-hour schedule.
NBPA MOU 2021-2025
11-4.21
Page 122
HOLIDAY IN LIEU
nl�Sworn and Non -Sworn employees who work in positions that require scheduled
staffing without regard to holidays, as designated by the Department, will receive holiday
Pay in lieu of time off at the rate of 96 hours per fiscal year (July 1 through June 30), and
at the rate of 3.7 hours per pay period. members shall annrue holiday time at the rota of
96 hey irs per fis I dear (I� ly 1 through I� Re 30) and at rate ��.7 hours n
�v��cr-rr3Ca�Y�-ar-�o-ar�� vcr9'� , � c�-r-rrvurrll"' M`^y
a". 2■ _ _ r .
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 to CalPERS as such pursuant to Title 2 CCR,
Section 571(a)(5) Holiday Pay.
�,. -.
._
..
This provision does not apply to Academy recruits.
W-.C. BEREAVEMENT LEAVE
Bereavement Leave shall be defined as the necessary absence from duty by employee
because of the death or terminal illness in his/her immediate family. NBPA members shall
be entitled to forty (40) hours of bereavement leave per incident (terminal illness followed
by death is considered one incident). Leave hours need not be used consecutively, but
should occur in proximate time to the occurrence. Immediate family shall mean an
employee's father, stepfather, mother, stepmother, brother, sister, spouse/domestic
partner, child, stepchild,_—apd—grand parent, and grandchild, and the employee's
spouse/domestic partner's father, mother, brother, sister, child and grandparent. An
employee requesting bereavement leave shall notify his/her supervisor as soon as
possible of the need to take leave.
�D. LEAVE SELLBACK
NBPA MOU 2021-2025
11-4.22
Page 123
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. On or before December 31, 2018, each employee
shall have the one-time option of cashing out all or a portion of Flex Leave benefits
credited to his/her account as of that date. However, in no event shall the flex leave
balance be reduced below one hundred and sixty (160) hours when the leave is cashed
out.
E. WORKERS' COMPENSATION LEAVE
1. Sworn Members
Any NBPA member who is a sworn peace officer and incapacitated by reason of
any injury or illness which has been determined to have arisen out of or in the
course of his or her employment shall receive compensation in accordance with
the provisions of Section 4850 et. seq. of the Labor Code of the State of California.
2. Non -sworn Members
Any employee incapacitated by reason of any injury or illness which has been
determined to have arisen out of or in the course of his or her employment shall
receive, in addition to temporary disability compensation pursuant to the laws of
the State of California, an additional sum which, when added to temporary disability
payments, provides the injured employee with regular compensation. Regular
compensation is defined as the salary for the position and step occupied by the
employee on the date of the job -related illness or injury. Payment shall commence
with the first day of approved absence and end with the termination of temporary
disability, or the expiration of six (6) months, whichever occurs first.
F. SCHEDULING OF MEDICAL TREATMENT FOR INDUSTRIAL INJURIES
Time spent by an employee receiving medical attention to address an industrial iniury
during the employee's normal working hours is considered hours worked and
compensable, when the City or its representative schedules the appointment.
When an employee is temporarily disabled due to an industrial +Rjur-y, andiniury 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.
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
NBPA MOU 2021-2025
11-4.23
Page 124
or follow-up visits that are not scheduled by the City, is not considered hours worked and
therefore, is not compensable. To avoid disruption in the workplace, an employee shall
schedule such appointments to occur during off duty hours whenever possible. In the
event such scheduling is not available, employee may be allowed to attend an
appointment during their regularly scheduled duty shift with prior supervisory approval.
Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off
duty.
G. NON -ACCRUING LEAVE BANK
Sworn Police Officers shall receive thirty-three (33) hours annually of paid leave in the
pay period which includes July 1. The hours do not accrue, have no cash value, cannot
be transferred to any other leave bank and must be used by the pay period before the
pay period containing July 1, at which time any remaining hours will be depleted. Use of
NAL is subject to supervisory approval.
Non -Sworn bargaining unit members shall receive eighteen (18) hours annually of paid
leave in the pay period which includes July 1. The hours do not accrue, have no cash
value, cannot be transferred to any other leave bank and must be used by the pay period
before the pay period containing July 1, at which time any remaining hours will be
depleted. Use of NAL is subject to supervisory approval. For FiSc-al YeaTZ021 22, nen
swern bargaining unit mernbers shall reGeive a pro rated arnount of non aGGFUiRg le
the nazi period following adeptin�theGit Gil For example, thezi if nanerinrl
non sw
e
employees will r Gelye 9 hours of .ten nerd leave ( 2 ficGal dear allotment\
eccr�cT ursv,-crcC�ccr�ca-v-cTrr� ,���r-rnTva, rcrrcT
SECTION 4. FRINGE BENEFITS
A. 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 Benefits Information Committee has been established to allow
the City to present data regarding carrier and coverage options, the cost of those
options, appropriate coverage levels and other health programs. The purpose of the
BIC is to provide each employee association with information about health
insurance/programs and to receive timely input from associations regarding preferred
coverage options and levels of coverage.
2. Medical Insurance
a. The City has implemented an IRS qualified Cafeteria Plan. In addition to the
amounts listed below, the City shall contribute the minimum CalPERS
participating employer's contribution towards medical insurance.
Employees shall have the option of allocating Cafeteria Plan contributions
towards the City's existing medical, dental and vision insurance/programs.
NBPA MOU 2021-2025
11-4.24
Page 125
b. City Contribution
01
r
r
I 1
•
924.
11 (plus the MiRimum GaIPE
r r
contribution 1 the cafeteria plan
will increase to i I 1 (*Ius the minimum CaIPERS #artici#atina 1 1
contribution).
\
1 1
r
1
� � 1
I
1
I �
11
11
c. Cash Back
Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment
periods.
NBPA members who do not want to enroll in any medical plan offered by
NBPA MOU 2021-2025
11-4.25
Page 126
the City must provide evidence of group medical insurance coverage, and
execute an "opt -out" agreement releasing the City from any responsibility
or liability to provide medical insurance coverage on an annual basis.
Unit members whose actual start date occurs prior to January 1, 2022 the
FY2-021 22-and who elect to opt out of medical coverage offered by the
City because they have proof of minimum essential coverage ("MEC" )?
through another source (other than coverage in the individual market,
whether or not obtained through Covered California) will receive
$1,000.00 per month in taxable cash paid bi-weekly. For these same
employees, if they elect medical coverage and spend less than $1,624.00
monthly (plus the minimum CaIPERS participatinq employer's
contribution), the City c,,�etiOR ceded above thOSG ,,RUSed Cafeteria
plan funds -the difference shall be paid to the employee as taxable cash
biweekly.
Newly appointed unit members whose actual start date occurs on or after
the first day of the pay period following City Council approval of this MOU
in FY 2021-22 and who elect to opt out of medical coverage offered by the
City because they have provided proof of MEC through another source
(other than coverage in the individual market, whether or not obtained
through Covered California) shall receive $500.00 per month in taxable
cash. For these same employees, if they elect medical coverage and
spend less than the City contribution provided above, there shall be no
cash back provided. This paragraph shall not apply to an employee who
received a conditional offer letter prior to adoption of this MOU which
referenced the pre-existing "opt out" and cafeteria cash provisions.
The preceding language as applied to the following scenarios:
B. Part-time employee hired by the City prior to MOU adoption but not appointed as a
full-time employee into the NBPA until on or after MOU adoption - this employee is
subject to the $500 opt -out amount and does not receive cash back if the medical
coverage elected is less than the City contribution.
1. Full-time emolovee hired by the City arior to MOU adoption who later
drops down to part-time and then is reappointed to the unit as a full-
time employee - this employee is subject to the $500 opt -out amount
and does not receive cash back if the medical coveraae elected is less
than the City contribution.
2. Full-time employee hired by the City prior to MOU adoption who later
transfers into the unit from another unit- if the employee was not
subject to the $500 opt -out amount and/or no cash back in the unit
from which they are transferring, they will receive the benefit of $1,000
opt -out and/or cash back if the medical coveraqe elected is less than
the City contribution.
NBPA MOU 2021-2025
11-4.26
Page 127
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the City's
health plan offerings as agreed upon by the Benefits Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the City's
health plan offerings as agreed upon by the Benefits Information Committee.
C. 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.
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
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000/month
$15(STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall pay one percent (1 %) of base salary as a pre-tax deduction for this
benefit. Effective the first premium payment following the City Council adoption of the
MOU in Fiscal Year 2021- 22, the City will no longer require unit members to pay one
percent (1 %) of base salary for this benefit and this Paragraph shall be deleted.
Employees shall not be required to exhaust accrued paid leaves prior to receiving
benefits under the disability insurance program. Employees may not supplement the
disability benefit with paid leave once the waiting period has been exhausted.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in $1,000
increments equal to one times the employee's annual salary up to a maximum of
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$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.
D. EMPLOYEE ASSISTANCE PROGRAM
City shall provide an Employee Assistance Program (EAP) through a properly licensed
provider. Association members and their family members may access the EAP subject to
provider guidelines.
E. THE RETIREMENT BENEFIT
4. 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:
Tier I ("Legacy"): F or employees hired by the City on or before November 23, 2012,
the retirement formula for safety members shall be 3%@50 and the retirement formula
for non_ safety members shall be 2.5%@ 55, calculated on the basis of the highest
consecutive 12- month period selected by the employee_.
Tier II ("Classic"): For employees first hired by the City between November 24 and
December 31, 2012, or hired on or after January 1, 2013 and who are current
members of the retirement system or a reciprocal retirement system, as defined in
Public Employees Pension Reform Act (PEPRA), the retirement formula for safety
members shall be 3%@55 and the retirement formula for non safety members shall
be 2%@60, calculated on the basis of the highest consecutive 36 month period
selected by the employee.
Tier III ("PEPRA"): For employees first hired by the City on or after January 1, 2013,
and who do not meet the Tier II criteria, the safety retirement formula shall be
2.7%@57 and the non safety retirement formula shall be 2.0%@62, calculated on the
basis of the highest consecutive 36 month period selected by the employee.
5. Employee Contributions
Unit members shall contribute additional amounts toward the PERS retirement benefit,
to the extent permissible by law, as set forth below. Should any such provision be
deemed invalid, the City and Association agree to meet for the purpose of
renegotiating employee retirement contributions or other equivalent economic
adjustments.
Employee retirement contributions that are in addition to the normal PERS Member
Contribution shall be calculated on base pay, special pays, and other pays normally
NBPA MOU 2021-2025
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reported as pensionable compensation, and will be made on a pre-tax basis through
payroll deduction, to the extent allowable by the Internal Revenue Code
a. Safety
Tiers I and II:
NBPA Tier I and II safety members will contribute the full statutory member
contribution, equal to 9% of pensionable compensation, plus an additional 4.6%
of pensionable compensation toward retirement costs as permitted under
Government Code §20516(f), for a total contribution of 13.6% of pensionable
compensation.
Tier III:
In addition to the statutorily required 50% contribution of total normal costs
("member contribution rate"), Tier III employees shall contribute an additional
amount of pensionable compensation toward retirement costs pursuant to
Government Code § 20516(f), so that their contr-rtibution equals a total
contribution of 13.6% of pensionable compensation. If in future fiscal years
member contribution rate for employees in Tier III shall become greater or less,
as determined by PIERS valuation, the additional contribution made by the
employee under 20516(f) will be increased or decreased accordingly so that
the total employee contribution equals 13.6% of pensionable compensation.
Provided, however, that the employee contribution shall never fall below the
statutory required contribution.
b. Non Safety
Tier I:
Tier I -employees shall contribute the statutory PIERS Member Contribution
equal to eight percent (8%%) of compensation earnable for the CalPERS
member contribution, plus Th,; iPG1uc1esFe€lets2°ofGonvenisat-ier;
e r-n ble for Tier- 1pmn/eyee fG nsation .�rnahle for Tier II
epees , ana-n ad�d�i`tti�onala4 2-42% of compensation earnable as cost
sharing pursuant to Government Code section 20516(a) and effe ive ;e
first day of the pay period following City CounGil adoption of the MOU IR FY
2021 _27e an additional 7 5.Q% E)f eearnable sa�i_aS ^no♦• shaFiRg
pursuant to Government Code—§20516(f), for a total contribution of-.
Employees shall Gentr e a teta 104-30% of compensation earnable_.
for retirement ^ontrib itionc
Tier II employees shall contribute the statutory PIERS Member Contribution
equal to 7.0% of compensation earnable, plus (effe^tiye the fiFst day of the
pay period follOWORg City Ce tie e MOW In CV 2�02�1_22+an
additional 36.0% of compensation earnable as cost sharing pursuant to
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11-4.29
Page 130
toward rotiromon+ GOSts , Rde Government Code section § 20516(f), for a
total contribution of 4-103% of compensation earnmable.
Tier III -
Tier III employees shall contribute Tier 111 omnlo„oos shall nonfri ute oiivhf
„ornonf 9%) of nonsionablo oomnonsation or tThe minimum statutory
employee contribution for employees in Tier 111444, subject to the provisions
of the Public Employees' Pension Reform Act (PEPRA), equal toe k50% of
the "total normal cost"" , asaPA4s calculated annually as provided in the
CalPERS valuations).. for possible adj istmon+s as provided in the !''a1DC17Q
vale lotions
vuivanvrrs
&%In addition to the statutorily required 50% contribution of total normal
costs, Tier III employees shall contribute an additional amount of
pensionable compensation toward retirement pursuant to Government
Code § 2O516(f), so that their GGROibutier4contribution, equals_ (offon+iye +ho
first day of the pay period folloWino City Counnil oAdeption of the MO I In FV
2021 22) a total of 843.0% of pensionable compensation. If in future fiscal
years the member contribution rate for employees in Tier 111444- shall
become greater or less, as determined by PERS valuation, the additional
contribution made by the employee under 20516(f) will be increased or
decreased accordingly so that the total employee contribution equals
843.0% of pensionable compensation. _Provided, however, that the
employee contribution shall never fall below the statutory required
contribution.
6. The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant to
Section 20042.
b. The Level 4 1959 Survivors Benefits.
c. The PERS pre -retirement option settlement 2 death benefit (Section 21548)
for miscellaneous and safety members.
F. RETIREE MEDICAL BENEFIT
1. Background
In 2005, the City and all Employee Associations 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 will be ongoing for an extended
period. During the transition, employees and (then) existing retirees have been
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administratively classified into one of four categories. The benefit is structured
differently for each of the categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2005, whose age
plus years of service as of January 1, 2005 was less than 50 (46 for public
safety employees).
c. Category 3 - Active employees hired prior to January 1, 2005, whose age
plus years of service was 50 or greater (46 for public safety employees) as
of January 1, 2005.
d. Category 4 - Employees who had already retired from the City prior to
January 1, 2005, and were participating in the previous retiree medical
program.
2. Program Structure
This is an Integral Part Trust (IPT) Retirement Health Savings Plan (RHS).
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual RHS account for bookkeeping purposes,
called his or her "Employee Account." This account will accumulate
contributions to be used for health care expense after separation. All
contributions to the plan are either mandatory employee contributions or City
paid employer contributions, so they are not taxable to employees at the time
of deposit. Earnings from investment of funds in the account are not taxable
when posted to the account. Benefit payments are not taxable when withdrawn,
because the plan requires that all distributions be spent for specified health care
purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each year of
service plus year of age (updated every January 1st based on status as of
December 31 st of the prior year)
Part C contributions (leave settlement as determined by association):
The Association will determine the level of contribution for all employees it
represents, subject to the following constraints. All employees within the
Association must participate at the same level, except that safety members and
non -safety members within an Association may have different levels. The
participation level should be specified as a percentage of the leave balance on
hand in each employee's leave bank at the time of separation from the City.
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For example, if the Association wishes to specify 50% of the leave balance as
the participation level, then each member leaving the City, or cashing out leave
at any other time, would have the cash equivalent of 50% of the amount that is
cashed out added to the RHS, on a pre-tax basis. The remaining 50% would
be paid in cash as taxable income. Individual employees would not have the
option to deviate from this breakout.
The Association has decided to participate in Part C contributions at the level
of zero percent (0%) for Flex/VNacation Leave and zero percent (0%) for Sick
Leave. This amount may be changed, on a go forward basis, as part of a future
meet and confer process. However, the participation level must be the same
for all employees within the Association except that safety members and non -
safety members within an Association may have different levels. Additionally,
the purpose and focus of these changes should be toward long-term, trend type
adjustments. Due to IRS restrictions regarding "constructive receipt," the City
will impose restrictions against frequent spikes or drops that appear to be
tailored toward satisfying the desires of a group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C contributions, but
only to the extent and within all the numeric parameters specified in the
Employee Policy Manual. Section 11.21 of the Manual contains a schedule
which specifies the amount of sick leave that can be "cashed out," based on
time of service. The manual also caps the number of hours that can be "cashed
out" at 800 and specifies that sick leave hours are "cashed out" on a 2 for 1
basis (800 hours of sick leave are converted to 400 hours for cash purposes).
Sick leave participation is a separate item from vacation/flex leave participation,
and thresholds must be separately identified by the Association.
Part A contributions may be included in PERS compensation. Part B and Part
C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are credited to
each RHS Employee Account each pay period. Eligibility for Part B
contributions is set at five years of vested City employment. At that time, the
City will credit the first five years' worth of Part B contributions into the Employee
Account (interest does not accrue during that period). Thereafter, contributions
are made bi-weekly. Part C deposits, if any, will be made at the time of
employment separation.
Each Employee has a right to reimbursement of medical expenses (as defined
below) from the Plan until the Employee Account balance is zero. This right is
triggered upon separation. If an employee leaves the City prior to five years'
employment, only the Part A contributions and Part C leave settlement
contributions, if any, will be in the RHS Employee Account. Such an employee
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will not be entitled to any Part B contributions. The exception to this is a full-
time employee, participating in the program, who leaves the City due to
industrial disability during the first five years of employment. In such cases, the
employee will receive exactly five years' worth of Part B contributions, using the
employee's age and compensation at the time of separation for calculation
purposes. This amount will be deposited into the employee's RHS account at
the time of separation.
Distributions from RHS Employee Accounts are restricted to use for health
insurance and medical care expenses after separation, as defined by the
Internal Revenue Code Section 213(d) (as explained in IRS Publication 502),
and specified in the Plan Document. In accordance with current IRS regulations
and practices, this generally includes premiums for medical insurance, dental
insurance, vision insurance, supplemental medical insurance, long term care
insurance, and miscellaneous medical expenses not covered by insurance for
the employee and his or her spouse and legal dependents - again only as
permitted by IRS Publication 502. Qualification for dependency status will be
determined by guidelines in IRC 152. If used for these purposes, distributions
from the RHS accounts will not be taxable. Cash withdrawal for any other
purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance
remaining in the Employee Account after the death of the employee and his or
her spouse and/or other authorized dependents (if any) must be forfeited. That
particular RHS Employee Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City's Part B contributions during active employment
constitute the minimum CalPERS participating employer's contribution towards
medical insurance after retirement. The parties also agree that, for retirees
selecting a CalPERS medical plan, or any other plan with a similar employer
contribution requirement, the required City contribution will be withdrawn from
the retiree's RHS account.
b. For employees in Category 2, the program is the same as for those in
Category 1, with the following exception:
In addition to the new plan contributions listed above, current employees who
fully convert to the new plan will also receive a one- time City contribution to
their individual RHS accounts that equates to $100 per month for every month
they contributed to the previous "defined benefit" plan, to a maximum of 15
years (180 months). This contribution will be made only if the employee retires
from the City and at the time of retirement. No interest will be earned in the
interim.
Employees in Category 2 who had less than five years' service with the City
prior to implementation of the new program will only receive Part B contributions
back to January 1, 2006 when they reach five years' total service.
c. For employees in Category 3, the program is the same as for those in
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11-4.33
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Category 2, with the following exception:
For employees in this category, the City will make no Part B contributions while
the employees are still in the active work force. Instead, the City will contribute
$400 per month into each of their RHS accounts after they retire from the City,
to continue as long as the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the duration
of their employment to partially offset part of this expense to the City. The
maximum benefit provided by the City after retirement is $4,800.00 per year,
accruing at the rate of $400.00 per month. There is no cash out option for these
funds, and they may not be spent in advance of receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the previous
plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This
contribution will be made to the RHS account at the time of retirement, and only
if the employee retires from the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very similar to the
previous retiree medical program, except that there is no cost share
requirement, and the $400 City contribution after retirement can be used for
any IRS authorized purpose, not just City insurance premiums.
Effective July 1, 2006, an RHS account has been opened for each retiree in
this category, and the City will contribute $400 per month to each account as
long as the retiree or spouse remains living.
For existing NBPA retirees in this category, the $400 was increased to $450
effective July 1, 2006. The NBPA and Police Management Association have
agreed to reimburse the City for half of the cost of this increase, on an ongoing
basis. To that end, the City will invoice NBPA at the end of each quarter for half
the actual cost of this increase during the previous three months.
Vendors have been selected by the City to administer the program. The contract
expense for program -wide administration by the vendor will be paid by the City.
However, specific vendor charges for individual account transactions that vary
according to the investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor committee, will
have the authority to determine investment options that will be available through
the plan.
G. CITY CONTRIBUTION TO PORAC RETIREE MEDICAL TRUST (RMT)
The City shall contribute $100.00 per month, per unit member to the PORAC Retiree
Medical Trust. At no time shall the City be liable for administering the PORAC RMT,
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11-4.34
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paying fees towards it, remedying or covering any losses by it, or assuming any of the
PORAC RMT's liabilities or legal obligations. In the event the City is required to pay or
withhold payroll taxes on employee contributions, the parties shall immediately meet and
confer in good faith to attempt to implement equitable adjustments to the contributions
referenced herein. In the event the PORAC RMT ceases to operate, the Association shall
designate an alternate retiree medical vehicle to which the City contribution shall be made,
with said contribution being conditioned upon there being no additional cost or
administrative burdens associated therewith.
H. DEFERRED COMPENSATION
Each employee shall have a deferred compensation account set up by the City and
subject to the rules of IRS Code section 457 to which s/he may make contributions. The
City shall contribute to each employee's deferred compensation account each pay period
as follows:
The City shall contribute a total of two percent (2%) of base salary to each employee's
deferred compensation account.
Under federal law, there is an annual maximum contribution which may be made to an
employee's deferred compensation account. Although the City will be making
contributions to employees' accounts each pay period, it is the employees' responsibility
to track their total contribution amount. If an employee's account contributions reach the
annual maximum, the City will stop making contributions for the remainder of the calendar
year and will not owe the employee any additional compensation related to this section.
I. TUITION REIMBURSEMENT
NBPA members attending accredited community colleges, colleges, trade schools or
universities may apply for reimbursement of one hundred percent (100%) of the actual
cost of tuition, books, fees or other student expenses for approved job -related courses.
The maximum tuition reimbursement for all employees in the unit shall be $1,400 per
fiscal year.
J. PHYSICAL CONDITIONING EQUIPMENT
City has acquired fitness equipment for use by members in maintaining physical fitness.
City shall budget $5,000.00 per each calendar year for the maintenance, repair,
improvement, or replacement of fitness equipment. Any purchase of new equipment shall
be subject to the concurrence of the Department. All exercise facilities and equipment will
be available to all members of the department.
K. 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 "C." Officers who rank 1st
Class, 2nd Class or 3rd Class as set forth in Exhibit "C" are awarded leave time depending
upon achieved rank. Within two weeks of PFQ completion, the department will create a
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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
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.
L. POLICE MECHANIC TOOL STIPEND
Effective May 31, 2025, the City will provide a lump sum of $500 per year to reimburse
Police Mechanics for purchasing their own tools.
SECTION 5. MISCELLANEOUS PROVISIONS
A. REDUCTIONS IN FORCE/LAYOFFS
The provisions of this section shall apply when the City Manager determines that a
reduction in the work force is warranted because of actual or anticipated reductions in
revenue, reorganization of the work force, a reduction in municipal services, a reduction
in the demand for service or other reasons unrelated to the performance of duties by any
specific employee. Reductions in force are to be accomplished, to the extent feasible, on
the basis of seniority within a particular Classification or Series and this Section should
be interpreted accordingly.
1. Definitions
a. "Layoffs" or "Laid off' shall mean the non -disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a Classification or
Series calculated from the date on which the employee was first granted
permanent status in their current Classification or any Classification within the
Series, subject to the following:
i. Credit shall be given only for continuous service subsequent to the most
recent appointment to permanent status in the Classification or Series;
ii. Seniority shall include time spent on industrial leave, military leave and leave
of absence with pay, but shall not include time spent on any other authorized
or unauthorized leave of absence.
c. "Classification" shall mean one or more full time positions identical or similar in
duties and embraced by a single job title authorized in the City budget and shall
not include part-time, seasonal or temporary positions. Classifications within a
Series shall be ranked according to pay (lowest ranking, lowest pay).
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
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assignments, more supervisory responsibilities for subordinates. The City
Manager shall determine those Classifications which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an employee,
based upon seniority within a series, to displace a less senior employee in a
lower Classification within the Series. No employee shall have the right to Bump
into a Classification for which the employee does not possess the minimum
qualifications such as specialized education, training or experience.
2. Procedures
In the event the City Manager determines to reduce the number of employees within
a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification shall, in that
order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order of seniority;
c. An employee subject to layoff in one Classification shall have the right to Bump
a less senior employee in a lower ranking Classification within a Series. An
employee who has Bumping Rights shall notify the Department Director within
three (3) working days after notice of layoff of his/her intention to exercise
Bumping Rights.
d. In the event two or more employees in the same Classification are subject to
layoff and have the same seniority, the employees shall be laid off in inverse
order of their position on the eligibility list or lists from which they were
appointed. In the event at least one of the employees was not appointed from
an eligibility list, the Department Director shall determine the employee(s) to be
laid off.
3. Notice
Employees subject to layoff shall be given at least thirty (30) days advance notice
of the layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off
will be paid for all accumulated paid leave, holiday leave(if any), and accumulated
sick leave to the extent permitted by the Employee Policy Manual.
4. Re -Employment
Permanent and probationary employees who are laid off shall be placed on a
Department re-employment list in reverse order of layoff. The laid off former employee
shall remain on the re-employment list for not to exceed two (2) years from the date of
layoff. In the event a vacant position occurs in the Classification which the employee
occupied at the time of layoff, or a lower ranking Classification within a Series, the
employee at the top of the Department re-employment list shall have the right to
appointment to the position, provided, he or she reports to work within seven (7) days
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of written notice of appointment. Notice shall be deemed given when personally
delivered to the employee or deposited in the U.S. Mail, certified, return receipt
requested, and addressed to the employee at his or her last known address. Any
employee shall have the right to refuse to be placed on the re-employment list or the
right to remove his or her name from the re- employment list by sending written
confirmation to the Human Resources Director.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of layoff, receive one -week
severance pay for each year of continuous service with the City of Newport Beach,
but in no case to exceed ten (10) weeks of severance compensation.
B. WORK SCHEDULES
Nothing contained herein is intended to abridge management's right to schedule work to
meet the Police Department's needs of providing services in an efficient and safe manner.
Management recognizes its obligations to meet and confer before making any substantive
changes to work schedules that impact an employee's conditions of employment.
1. Substantive Work Schedule Modifications
Newport Beach Police Department currently has available a variety of work schedules
including 5/8, 3/12, 9/80, 4/10 and the 3/11.42 - 4/11.42-schedule. Except in the case
of emergency, prior to moving any employee or group of employees from one work
schedule to another (for example from a 9/80 to a 3/12 schedule), the Department
shall notify, and upon request, meet and confer with the Association in advance of any
schedule change. If an emergency prohibits meeting and conferring prior to the
schedule change, the Department shall meet and confer with the Association as soon
as is reasonably possible after the schedule change.
2. Non -Substantive Schedule Modifications
In the event of any non -substantive change to an employee's work schedule (changes
in starting times, days off, etc.), Management agrees to give as much advance notice
of said change as possible and to give reasonable regard to the needs of the
employees to make adjustments to their personal schedules and commitments related
to the change in work schedules.
3. Transfers
Transferring an employee to an assignment with a different work schedule shall not
be considered a change to modified work schedules and shall not obligate
Management to meet and confer over said change.
C. SENIORITY
1. Definition and Policy
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In order to clarify "seniority" practices, the parties agree to the following definition and
policy for "seniority" determinations. "Seniority" position among members belonging to
the same classification and determined prior to the date of this Agreement shall not
change, regardless of the method of determination.
a. Unless otherwise specified, for purposes of employment practices and vacation
selection in which "seniority" is a consideration, "seniority" is defined and
determined as the period of time of continuous full time employment within a
classification.
b. Determination of seniority date upon promotion or demotion of full time
employees:
An employee promoted into any higher classification shall obtain their
seniority date based upon their date of promotion, relative to others in
the classification into which the employee promotes.
ii. An employee who voluntarily or involuntarily demotes into any lower
classification shall retain the oldest seniority date from any prior full time
classification from which they promoted or to which they are re-
classified.
c. Part time employees have no seniority rights, and any full time employee who
resigns their full time position and accepts a part time appointment shall forfeit
any seniority, even upon re -appointment to a full time position.
d. Nothing in this definition is intended to affect any other employment right or
consideration that may be based upon total years of service, initial appointment
date, or any other date of hire or change in employment status.
e. In the event there is a conflict between members of a classification hired on the
same day, seniority position shall be determined by order of hire based upon
issuance of Employee ID numbers.
f. For the class of Police Officer, seniority is determined based upon the date
of appointment as a Police Officer, not date of hire as a Police Recruit.
2. Nothing contained herein is intended to abridge management's right to schedule
employees to work or deny leave requests that management feels will interfere
with the efficient running of the Police Department or present a safety hazard to
employees or the community.
The Department shall continue its practice of allowing employees to sign up for
vacations, shifts and days off by seniority. The Department shall have the right to
deviate from seniority in shift preference selection as necessary to meet training
needs, train probationers, separate employees, meet specialized qualification
needs, and/or to correct experience imbalances in accordance with existing
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practice. In the event Management wishes to propose substantive changes to the
existing practice of sign-up for vacations, shifts and days off by seniority, it shall
give notice to the Association and meet and confer to seek mutually agreeable
solutions and/or remedies. In the event that a mutually agreeable solution or
remedy is not found, Management may deviate from the prior seniority criteria to
the extent necessary to meet operational or safety needs.
D. GRIEVANCE PROCEDURE
1. Definition
The term "grievance" means a dispute between NBPA or any member and the City
regarding the interpretation or application of rules or regulations governing the terms
and conditions of employment, any provision of the Employee Policy Manual, any
provision of Resolution No. 2001-50, or this MOU.
2. Guidelines
Any NBPA member may file a grievance without fear of retaliation or any adverse
impact on any term or condition of employment.
a. A grievance shall not be filed to establish new rules or regulations, change
prevailing ordinances or resolutions, nor circumvent existing avenues of relief
where appeal procedures have been prescribed.
b. An employee may be self -represented or represented by one other person.
c. An employee and any representative shall be given notice of the time and place
of any grievance proceeding, the opportunity to be present at such
proceedings, a copy of any written decision or communication to the employee
concerning the proceedings, and any document directly relevant to the
proceedings.
d. All parties shall engage in good faith efforts to promptly resolve the grievance
in an amicable manner. The time limit specified may be extended upon mutual
agreement expressed in writing.
e. The procedures in this MOU represent the sole and exclusive method of
resolving grievances.
3. Procedure for NBPA Members
Step 1 - The employee shall orally present the grievance to his or immediate
supervisor within fifteen (15) calendar days after the member knew, or in the
exercise of reasonable diligence should have known, the act or events upon which
the grievance is based. The immediate supervisor shall conduct any appropriate
investigation and meet with the employee no more than fifteen (15) calendar days
after presentation of the grievance. The employee shall be given at least 24 hours'
NBPA MOU 2021-2025
11-4.40
Page 141
notice of the meeting. The meeting shall be informal, and the employee may have
a representative present. Any employee not satisfied with the decision of his or her
immediate supervisor may proceed to Step 2.
Step 2 - If an employee is dissatisfied with the decision of his or her immediate
supervisor, the employee may proceed to Step 2 by submitting a written grievance
to the supervising Deputy Chief or Civilian Deputy Director. Any employee
dissatisfied with the decision of his or her immediate supervisor may submit a
written grievance to the supervising Deputy Chief or Civilian Deputy Director. The
written grievance shall be filed within seven (7) calendar days following receipt of
the immediate supervisor's decision. The written grievance must contain a
complete statement of the matters at issue, the facts upon which the grievance is
based, and the remedy requested by the employee. The supervising Deputy Chief
or Civilian Deputy Director shall meet with the employee and any representative in
an effort to resolve the grievance. The meeting shall be scheduled no more than
fifteen (15) calendar days following receipt of the appeal unless deferred by the
consent of both parties. The Deputy Chief or Civilian Deputy Director shall provide
the employee with a written decision on the appeal within fifteen (15) calendar days
after the meeting.
Step 3 - Appeal to Chief of Police.
Any employee dissatisfied with the decision of the supervising Deputy Chief or
Civilian Deputy Director may proceed to Step 3 by submitting a written appeal to
the Chief of Police. The written appeal must be filed with the Chief of Police within
seven (7) calendar days following receipt of the supervising Deputy Chief or
Civilian Deputy Director's decision. The written appeal must contain a complete
statement of the matters at issue, the facts upon which a grievance is based, and
the remedy requested by the employee. The Chief of Police shall meet with the
employee and any representative in an effort to resolve the grievance. The meeting
shall be informal and the discussion should focus on the issues raised by the
grievance. The meeting shall be scheduled no more than fifteen (15) calendar days
following receipt of the appeal unless deferred by the consent of both parties. The
Chief of Police shall provide the employee with a written decision on the appeal
within fifteen (15) calendar days after the meeting.
Step 4 - Appeal to City Manager. In the event the employee is dissatisfied with the
decision of the Chief of Police, the employee may proceed to Step 4 by submitting
a written appeal of the decision to the City Manager. The written appeal must be
filed within seven (7) calendar days following receipt of the Police Chiefs decision.
The written appeal shall contain a complete statement of the matters at issue, the
facts upon which the grievance is based, the decisions of the supervising Deputy
Chief or Civilian Deputy Director and Chief of Police, and the remedy requested by
the employee. The City Manager shall meet with the employee and his or her
representative in an effort to resolve the grievance and to receive any additional
information the employee or department may have relative to the matter. The
meeting shall be scheduled no more than fifteen (15) calendar days following
receipt of the appeal unless deferred by the consent of both parties. The City
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11-4.41
Page 142
Manager shall provide the employee with a written decision within fifteen (15)
calendar days after the meeting. The decision of the City Manager shall be final.
4. Association Grievance
A grievance affecting more than one NBPA member may be filed by NBPA on behalf
of the affected employees with the Chief of Police. The Association must present the
grievance to the Chief of Police within thirty (30) calendar days after an Association
Board member knew, or in the exercise of reasonable diligence should have known,
the act or events upon which the grievance is based. This provision is the sole and
exclusive method by which the Association may challenge a provision of this MOU.
The grievance shall contain a complete statement of the matters at issue, the facts
upon which the grievance is based, and the remedy requested by NBPA. The Chief of
Police shall meet with NBPA representatives within fifteen (15) calendar days following
receipt of the grievance and provide a written decision on the grievance within fifteen
(15) calendar days after the meeting. In the event NBPA is dissatisfied with the
decision of the Chief of Police, it may appeal to the City Manager by following the
procedures outlined in Step 4 of the procedure applicable to individual employees.
In the event NBPA is dissatisfied with the decision of the City Manager, it may appeal
the decision to the Civil Service Board by filing a written notice of appeal within fifteen
(15) calendar days after receipt of the decision.
E. PRE -HEARING BRIEFS
Each party is entitled to the other party's pre -hearing brief, if any.
F. USE OF TOBACCO PRODUCTS
All employees hired after January 1, 1999, shall not smoke or use any tobacco products
at any time while on, or off duty. Employees shall be required to sign an agreement
consistent with this section. Violation of this agreement will subject the employee to
disciplinary action. Smoking an occasional celebration cigar (birth of a child, etc.) shall
not be considered a violation of this policy.
G. DIRECT DEPOSIT
All Unit employees shall participate in the City's Direct Deposit Program.
H. CONTRACT NEGOTIATIONS
The parties agree that, if either side requests to meet and confer in good faith for a
successor MOU within 120 days of the expiration of the MOU, the parties agree to begin
the negotiations with the mutual objective of reaching an agreement prior to the expiration
of the term of the MOU.
RECOUPMENT OF OVERPAYMENTS
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Page 143
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.
J. FUNERAL EXPENSES
Consistent with California Labor Code Section 4701, if an employee covered by the MOU
is killed in the line of duty, the City will reimburse the employee's designated beneficiary
up to $10,000 to offset reasonable burial expenses.
NBPA MOU 2021-2025
11-4.43
ATTACHMENT B
City of Newport Beach
NBPA MOU
May 27, 2025
Key Contract Terms
Term
COLA
4%-5/31/25 4.00% 4.00%
Equity Adjustment for Police Officers
8%- 5/31/25
Equity Adjustment for Police Fiscal Services/Facility Manager
5%- 5/31/25
Eliminate steps 1-4. Move all employees up one step 7/1/25.
Add new step between current steps 5 & 6 so that all steps are 5%
Salary Schedule (Police Officers)
from each other and time requirement for progression is 1 year for
each step.
Eliminate steps 1-3 for CSO
Salary Schedule (Non -Sworn)
Eliminate step 1 for all positions
Move all employees up one step 7/1/25
3 % for Detectives
2%for SWAT
Specialty Assignment Pay
1%for Crisis Negotiator
15% for FTO (when actually performing the assignment)
Non -Sworn Longevity Pay
3.0% for 20+ YOS3.5%for
5% for 20+Years of Service (Hired Prior to June 2018)
25+YOS
Medical Insurance'
Additional $300/month (No Cash Back)
Tier 1: 10%
Reduce Non -Sworn CalPERS EE Pickup
13% EE Pickup
Tier 2: 10%
Tier 3: 8%
All Holiday time is paid as cash, no option to convert to time
Holiday Cash Out
off/flex leave
Summary of Proposal Cost Z
Baseline Compensation
Base Pay
$21,847,107
$3,191,419 4,422,984 5,777,168
Supplemental Pays
2,118,609
321,913 387,470 455,461
Overtime
1,509,947
181,194 248,839 319,191
Pension Contribution
2,938,723
656,379 800,183 949,739
Cafeteria Plan
3,905,574
175,919 175,919 175,919
Other City Paid BenefitS2
2,371,999
165,276 228,170 297,208
Total
$34,691,959
$4,692,100 6,263,565 $7,974,685
Impact on Employee Compensation
Base Salary Increase
14.61% 20.25% 26.44%
Total Compensation Increases
13.53% 18.05% 22.99%
Key Contract Terms
COLA
1,300,552 2,565,195 3,884,053
8% Equity Adjustment (Police Officers)
1,412,398 1,412,398 1,412,398
5% Equity Adjustment for Police Fiscal Services/Facility Manager
6,104 6,104 6,104
Salary Schedule (Police Officers)
968,141 989,604 1,132,746
Salary Schedule (Non -Sworn)
253,650 511,307 731,808
Specialty Assignment Pay
191,551 199,213 207,181
Non -Sworn Longevity Pay
42,668 49,061 55,522
Reduce Non -Sworn CalPERS EE Pickup
341,119 354,764 368,954
Medical Insurance
175,919 175,919 175,919
Total
4,692,100 6,263,565 $7,974,685
Notes
' Assumes maintaining the current level of funding, plus an additional $300 per month in health insurance benefits, effective May 2025.
Z Costs shown in years two and three reflect the cumulative budget impact in each year as compared to the current budgeted amounts.
3 Includes Medicare, Compensated Absences, Retiree Health Savings, Defined Contribution Plan, Life Insurance, EAP, PORAC.
° Percentage shown in each year is as compared to current base salary, not the prior year.
s Measured based on the total of all pay and benefits. Percentage shown in each year is as compared to current total compensation, not the prior year.
6 The costs shown reflect additional annual expenses in their corresponding fiscal years. Since the contract will take effect on May 31, 2025, the additional
expense for FY 2024/25 is $361,589.
11-5