HomeMy WebLinkAbout09 - Police Management AssociationJune 14, 1999
Agenda Item No. 9
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES DEPARTMENT
Resource Management • Human Resources • Fiscal Services • M.I.S. • Revenue • Accounting
June 14,1999
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
From: Dennis Danner, Administrative Services Director 0 04�
SUBJECT: MULTI -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH
POLICE MANAGEMENT ASSOCIATION (PMA)
BACKGROUND:
The current agreement with the Police Management Association (PMA) expired on December
31, 1998. The terms of that agreement were extended through the current time with the mutual
consent of the City and the Association while negotiations were going on for a new agreement.
The City and the Association have reached tentative agreement on a new contract, which will
cover the period January 1, 1999, to December 31, 2001. A Supplemental 1997 MOU, which
affects the expiration of a "salary formula" will continue to be in effect until July 1, 2001.
PROPOSED NEW AGREEMENT:
Following are the significant provisions of the new agreement:
1. Compensation Adjustment:
A. Effective the first pay period in January 1999, the City shall increase base salary
for the PMA employees by 2.5 %.
B. Effective the first pay period in January 2000, the City shall increase base salary
for the PMA employees by 2.5 %.
C. Effective the first payroll period in January 2001, the City shall increase base
salary for the PMA employees by 2.5 %.
D. Additional increases (if due) shall be made on July I" of each year of this
agreement pursuant to the Supplemental MOU. This adjustment guarantees that
PMA members' pay will remain at the average pay of the top five law
enforcement agencies in Orange County.
E. The current Scholastic Achievement Pay program shall be modified to convert a
flat dollar compensation for each category of achievement to a percentage in the
following manner:
June 14, 1999
Page 2
Years of
Service
2
3
4
60 units 90 units
$40 1% $40 1%
$96 2 % $144 3%
$96 2% $144 3%
BA/BS MA/MS /JD
$40 1% $40 1%
$192 5.5% $192 6.5%
$192 5.5% $240 6.5%
In addition, effective with this MOU, payments will be made only for units /degrees above
the minimum qualifications called for in the job specifications.
2. Longevity Benefit:
Effective May 1999, NBPMA employees hired prior to July 1, 1996, and who have City
longevity of sixteen years and over, shall accrue flex leave at a reduced rate. The
reduction in leave will range from .87% of the established rate to 2.28 %. These members
will receive a corresponding salary increase.
3. Additional Retirement Options:
This contract includes a re- opener clause regarding the potential of additional PERS
retirement options, which the City would consider and discuss on a cost neutral basis to
the City.
4. New Disability Insurance Program:
The NBPMA unit has agreed to participate in the revised disability insurance program
that is currently in effect for the non - safety bargaining units. This program involves a 1%
base salary increase for employees which is then used to pay the disability insurance
premium. This procedure insures that benefits received by employees are non - taxable.
5. Medical Insurance:
NBPMA has chosen not to participate in the July 1999 and July 2000 increased City
contribution to the medical, dental, and vision premiums. They have also declined to
participate in the proposed cafeteria plan currently being developed.
RECOMMENDATION:
The terms of the proposed agreement are within the general parameters established by the City
Council at the outset of the negotiating season. Staff recommends approval of the new MOU.
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• MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is entered into
with reference to the following:
PREAMBLE
The Newport Beach Police Management Association ( "NBPMA "), a recognized employee
organization, and the City of Newport Beach ( "City "), a municipal corporation and charter
city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe
benefits and other terms and conditions of employment.
2. NBPMA representatives and City representatives have reached a tentative agreement as to
wages, hours and other terms and conditions of employment for the period from January 1,
1999 to December 31, 2001 and this tentative agreement has been embodied in this MOU.
3. This MOU, upon approval by NBPMA and the Supplemental Memorandum of
Understanding executed in 1997 and the Newport Beach City Council, represents the total
• and complete understanding and agreement between the parties regarding all matters within
the scope of representation.
SECTION 1. - General Provisions.
A. Recognition.
In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers -
Milias -Brown Act of the State of California and the provisions of the Employer's/Employee
Labor Relations Resolution No. 7173, the City acknowledges that NBPMA is the majority
representative for the purpose of meeting and conferring regarding wages, hours and other
terms and conditions of employment for all employees in the following classifications or as
appropriately modified in accordance with the Employer/Employee Resolution. All other
classifications and positions not specifically included within Exhibit "A" are excluded from
representation by NBPMA.
B. Duration of Memorandum.
1. Except as specifically provided otherwise, any ordinance, resolution or action of the
City Council necessary to implement this MOU shall be considered effective as of
January 1, 1999. This MOU shall remain in full force and effect until December 31,
2001, and the provisions of this MOU shall continue after the date of expiration of
0 this MOU in the event the parties are meeting and conferring on a successor MOU.
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2. The terms and conditions of this MOU shall prevail over conflicting provisions of .
the Newport Beach City Charter, the ordinances, resolutions and policies of the City
of Newport Beach, and federal and state statutes, rules and regulations which either
specifically provide that agreements such as this prevail, confer rights which may be
waived by any collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement similar to this MOU.
Scope.
All present written rules and current established practices and employees' rights,
privileges and benefits that are within the scope of representation shall remain in full
force and effect during the term of this MOU unless specifically amended by the
provisions of this MOU.
2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and
non - exclusive managerial rights, powers, functions and authorities ( "Management
Rights ") as set forth in Resolution No. 7173. Management Rights include, but are
not limited to, the following:
(a) the determination of the purposes and functions of the Police Department;
(b) the establishment of standards of service;
(c) to assign work to employees as deemed appropriate; .
(d) the direction and supervision of its employees;
(e) the discipline of employees;
(f) the power to relieve employees from duty for lack of work or other
legitimate reasons;
(g) to maintain the efficiency of operations;
(h) to determine the methods, means and personnel by which Police Department
operations are to be conducted;
(i) the right to take all necessary actions to fulfill the Department's
responsibilities in the event of an emergency;
(j) the exercise of complete control and discretion over the manner of
organization, and the appropriate technology, best suited to the performance
of departmental functions.
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. The practical consequences of a Management Rights decision on wages, hours, and
other terms and conditions of employment shall be subject to the grievance
procedures.
D. Release Time.
NBPMA members shall be allowed to participate in the following activities and
receive full pay ( "Release Time "):
(a) attendance at meetings, conferences, seminars or workshops related to
matters within the scope of representation;
(b) to prepare for, travel to, and attend scheduled meetings between the City and
NBPMA during the meet and confer process.
2. City grants NBPMA 100 hours of Release Time per calendar year to engage in the
activities described in subsection 1(a). NBPMA may accumulate up to 300 hours of
City - provided Release Time.
3. City grants NBPMA members the right to engage in the activities described in
subsection 1(b) at any time without reduction to the Release Time granted in
subsection 2.
4. NBPMA shall designate certain members as those members entitled to release time.
In no event shall any one designate be entitled to use more than 100 hours of Release
Time (exclusive of actual time spent meeting with City representatives on matters
relating to the scope of representation), within any calendar year. Designates must
give reasonable advance notice to, and obtain permission from, their supervisor prior
to use of release time. Requests for release time shall be granted by the supervisor
unless there are specific circumstances that require the designate to remain on duty.
Designates shall, to the maximum extent feasible, receive shift assignments
compatible with participation in the meet and confer process.
E. Bulletin Boards.
Space shall be provided on bulletin boards within the Police Department at their present
location for the posting of notices and bulletins relating to NBPMA business, meetings, or
events. All materials posted on bulletins boards shall indicate the name of the organization
responsible. Material posted shall not contain personal attacks on any City official or
employee, any material which constitutes harassment, discrimination or retaliation on the
basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible
basis, as well as any pornographic or obscene material.
F. No Strike. .
The parties recognize their mutual responsibility to provide the citizens of Newport Beach
with uninterrupted municipal services and, therefore, for the term of this MOU, the parties
agree not to conduct concerted strike, work slowdown, sick -out, withholding of services, or
lockout activities.
G. Conclusiveness.
This MOU contains all of the covenants, stipulations, and provisions agreed upon by the
parties. Therefore, for the life of this MOU, neither party shall be compelled, and each
party expressly waives its rights to request the other to meet and confer concerning any
issue within the scope of representation except as expressly provided herein or by mutual
agreement of the parties. No representative of either party has the authority to make, and
none of the parties shall be bound by, any statement, representation or agreement reached
prior to the execution of this MOU and not set forth herein.
H. Modifications.
Any agreement, alteration, understanding, variation, or waiver or modification of any of the
terms or provisions of this MOU shall not be binding upon the parties unless contained in a
written document executed by authorized representatives of the parties.
I. Savings. .
Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree
of court of competent jurisdiction or other established governmental administrative tribunal,
such invalidation shall not affect the remaining portions of this MOU.
J. Impasse.
In the event of an impasse (the failure to agree on a new MOU after the express term of the
existing MOU has expired), the parties may agree on mediation pursuant to the procedure
outlined in Section 14 of Resolution No. 7173 or a successor resolution.
SECTION 2. - Compensation
A. Direct Wage Payments
Pay for Time Worked
(a) Salary Adjustments. The parties have agreed on internal relationships among
the various classifications represented by NBPMA, as well as the
relationship between each step in those classifications and the benchmark
position. These internal relationships have been computed in terms of
H
numbers which, when multiplied by the salary paid to the benchmark
position, represent the salary paid to members of NBPMA. The multipliers
for each step of each classification represented by NBPMA are shown on the
matrix attached as Exhibit 'B." The salaries of all NBPMA members shall,
during the term of this MOU, be subject to the following guaranteed
adjustments:
(i) Effective the first payroll period in January, 1999, the City shall
increase base salary for the Police Management employees by two
and one half (2.5 %) percent.
Effective the first payroll period in January, 2000, the City shall
increase base salary for the Police Management employees by two
and one half (2.5 %) percent.
Effective the first payroll period in January, 2001, the City shall
increase base salary for the Police Management employees by two
and one half (2.5 %) percent.
(b) Subsequent Adjustments.
Additional increases (if due) shall be made July of each year of this
agreement pursuant to the Supplemental Memorandum of Understanding
between the City and NBPMA executed in 1997.
(c) Code Seven/Duty Incentive Time.
The City and NBPMA have agreed to entitlement to compensation for duty
incentive time and Code Seven time based upon implementation of the 9/80
work schedule (since modified to 3 -12, with concurrence of NBPMA) and a
settlement agreement between the City and NBPMA. NBPMA and its
members agree that the provisions and rules relative to entitlement to
compensation for duty incentive time or Code Seven time survive the
termination of this MOU, that the provisions of the settlement agreement are
in full force and effect, and that no request for compensation for duty
incentive time or Code Seven time at variance with the provisions of existing
rules or the settlement agreement shall be made at any time in the future by
NBPMA or any of its members.
(d) Overtime
(i) Employees shall be entitled to overtime compensation at the rate of
time and one half for hours worked in excess of their regularly
scheduled shift. Paid time off shall be considered time worked for
40 overtime calculation purposes.
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(ii) Overtime compensation shall be in the form of compensatory time off
or pay at the election of the employee. Maximum compensatory time
accrual shall be 91 hours. All overtime worked for employees at the
CTO maximum shall be paid. The parties agree that the current
practice of accruing and utilizing CTO is reasonable and shall
continue for the term of this agreement.
(iii) NBPMA members occupying the position of Captain shall not be
entitled compensatory time off for overtime. City and NBPMA agree
that the position of Captain is properly considered exempt from the
overtime requirements of FLSA. However, NBPMA members
occupying the position of Captain shall be eligible for up to 80 hours
of administrative leave per calendar year. The precise amount of
administrative leave grant each Captain shall be based upon the
recommendation of the Police Chief and approved by the City
Manager. Administrative leave for 1996 may be granted, if at all,
within 30 days after the effective date of this MOU. Administrative
leave may not be carried forward from one calendar year to the next.
(iv) With the approval of the Division Commander, NBPMA members
assigned to non -shift assignments, may work certain holidays if they
occur on regularly scheduled work days.
Additional Compensations
(a) Scholastic Achievement Pay.
Sworn NBPMA members are entitled to additional compensation contingent
upon scholastic achievement ( "Scholastic Achievement Pay ").
Sworn NBPMA members may apply for increases pursuant to this Section
when eligible and scholastic achievement pay shall be included in the
member's paycheck for the pay period immediately after approval by the
Chief of Police. It is the responsibility of the NBPMA member to apply for
Scholastic Achievement Pay. Approval of the member's application shall not
be unreasonably withheld or delayed, and the member shall not be entitled to
receive scholastic achievement pay prior to the date the application is
approved even though the member may have been eligible prior to approval.
Scholastic achievement pay is contingent upon years of service and the
number of units and/or degrees received by the employee. Qualifying units
and/or degrees must be awarded by accredited community colleges, state
colleges or universities. The following is a schedule of monthly payments
pursuant to the Scholastic Achievement Program:
Years of
Service: 60 Units: 90 Units: BA/BS MA/MS /JD:
n.
2 1%
1%
1% 1%
3 2%
3%
5.5% 6.5%
4 2%
3%
5.5% 6.5%
Increased compensation at the BA/BS and MA/MS /JD level shall be
effective the first per period in January, 1999. All other changes shall occur
the first full payroll period following ratification.
Effective immediately, educational incentive payments shall be made only
for units /degrees above the minimum qualifications called out in the job
descriptions. Individuals currently receiving pay in this category (1) shall
retain the compensation, however.
(b) Holiday Pay.
NBPMA members shall accrue 96 hours of holiday time each fiscal year
(July 1 through June 30th), at the rate of 3.7 hours per pay period. NBPMA
members may use holiday time as paid time off work, convert holiday time
to flex leave or vacation leave, or receive pay for holiday time as specified in
this Section. NBPMA members who have not used all holiday time accrued
during any fiscal year shall, during the month of July, elect either to convert
. unused holiday time to flex leave(or vacation leave if the member is in the
vacation leave /sick leave program) or to be paid for unused holiday time at
the members normal hourly rate of pay, provided, however, NBPMA
members shall not be entitled to convert holiday time to flex leave to the
extent that the conversion would cause the amount of flex leave accrued to
exceed the Flex Leave Accrual Threshold. In the absence of an election
during July, the members shall receive pay for unused holiday time at their
normal hourly rate. NBPMA members who elect to receive pay for unused
holiday time shall receive compensation in their paycheck for the last pay
period in August. In no event shall any NBPMA member be entitled to
receive holiday pay until serving at least thirty (30) consecutive calendar
days in active paid status.
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(c) Leave Pay -Off
For the term of the agreement, NBPMA members shall receive payment for
any accrued leave upon termination at the rate of 109% of their base hourly
rate.
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(d) July 4th
The Police Department has the discretion to schedule any of its employees to
work a regular work day on July 4th, regardless of the day of the week or job
assignment. This may include modifying work schedules and/or days off
according to deployment needs. Sergeants and Lieutenants who actually
work July 4th will be compensated at their regular hourly rate, plus premium
pay equal to 1/2 of the hours actually worked on that day. Employees will be
provided their regular number of days off for the month of July (unless
otherwise scheduled on an overtime basis), which will be selected/assigned
according to the normal practices of their particular work unit.
SECTION 3. - Leaves
A. Pay for Time Not worked.
1. Flex Leave.
(a) Subject to the provisions of subsection (b), NBPMA members shall accrue
flex leave as follows:
Years Adjusted Accrual
of Con't. Svc.: Per Pay Period:
1/2 but less than 5
5.23077
5 but less than 9
5.84616
9 but less than 12
6.46152
12 but less than 16
7.07696
16 but less than 20
7.69232
20 but less than 25
8.30768
25 and over
8.92304
(b) Effective May 1, 1999, NBPMA personnel hired prior to July 1, 1996, shall
accrue flex leave at the following rates. It is mutually understood that
accrual rates have been modified to provide for the longevity increase set
forth below:
Years of
Continuous Service
1/2 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
K
Adjusted Accrual Longevity Pay
Per Pay Period Increase
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5.23077
5.84616
6.46152
7.07696 .
7.07696 .87%
. 20 but less than 25 7.07696 1.67%
25 and over 7.07696 2.28%
(c) NBPMA personnel hired after July 1, 1996, shall accrue flex leave at the
following rates. It is mutually understood that accrual rates have been
modified to provide for the longevity increase set forth below:
Years of Adjusted Accrual
Continuous Service Per Pay Period
1/2 but less than 5
5 but less than 10
10 but less than 16
16 but less than 20
20 but less than 25
25 and over
4.61538
5.53846
6.46152
8.69462
9.30462
9.9246
NBPMA and the City acknowledge that employees assigned the 9/81 work
schedule accrue one (1) additional hour per pay period in addition to the
accrual levels set forth above.
(d) The Flex leave program shall be administered as follows:
• (i) NBPMA members shall not accrue flex leave until continuously
employed by the Newport Beach Police Department for a period of
six (6) months provided, however, if a member on the flex leave
program becomes sick during the first six months of employment, the
City will advance up to thirteen (13) pay periods of paid leave time
for use by the member to recover from illness. In the event the City
advances paid leave time and the employee is terminated or resigns
before completing six months of continuous employment, the
member's final check shall be reduced by an amount equal to the
number of flex leave hours advanced multiplied by the member's
hourly rate of pay.
(ii) NBPMA members shall accrue thirteen pay periods of flex leave
immediately upon completion of six (6) months continuous
employment with the Newport Beach Police Department, provided
however, this amount shall be reduced by any flex leave time
advanced during the first six months of employment.
(iii) Members employed by the City prior to initiation of the flex leave
program have had then current accrued vacation time converted to
flex leave on an hour for hour basis with then current sick leave
. placed in a bank to be used as provided in Section 703 et seq. of the
Personnel Resolution. Members entitled to use sick leave pursuant to
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Section 703.1 of the Personnel Resolution must notify appropriate
department personnel of their intention to access the sick leave bank
and, in the absence of notification, absences will be charged to the
member's flex leave account. Members who wish to convert an
absence from flex leave to sick leave must submit a written request to
the Chief of Police within twenty (20) days after the absence (20 days
from the last absence in the event the member was continuously
absent for more than one day) specifying the nature of the illness and
the person notified of the intent to use sick leave, or the reasons for
the failure to notify appropriate department personnel. The Chief of
Police shall grant the request for conversion if the member submits a
written statement signed by his or her attending physician confirming
the illness and the Police Chief determines that the member's failure
to notify appropriate departmental personnel was reasonable under
the circumstances.
(iv) NBPMA members shall be entitled to accrue flex leave up to seventy -
eight (78) times the members bi- weekly flex leave accrual rate (Flex
Leave Accrual Threshold). NBPMA members first hired by the City
prior to July 1, 1996, shall be paid for all flex leave that accrues in
excess of the flex leave accrual threshold (Flex Leave Spillover Pay).
Flex Leave Spillover Pay will be paid at the member's regular hourly
rate of pay. NBPMA members who have not utilized at least 80 •
hours of flex leave during the prior calendar year shall not accrue flex
leave in excess of the Flex Leave Accrual Threshold and shall not be
entitled to Flex Leave Spillover Pay.
NBPMA members first hired, or rehired by the City subsequent to
July 1, 1996, shall not be eligible for Flex Leave Spillover Pay and
shall not be entitled to accrue flex leave in excess of the Flex Leave
Accrual Threshold.
(v) All requests for scheduled flex leave shall be submitted to appropriate
department personnel. Flex leave may be granted on an hourly basis.
In no event shall a member take or request flex leave in excess of the
amount accrued.
(vi) Members shall be paid for all accrued flex leave at their then current
hourly rate of pay upon termination of the employment relationship.
This section is intended to effect a reduction of vacation and sick leave accrual rates
that is commensurate with the reduction in flex leave accrual rates. The combined
vacation and sick leave accrual is greater than flex leave accrual and the parties
intend the reductions in annual vacation accrual to be commensurate to the annual
reduction in flex leave accrual contemplated by Section 3.8.1. .
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• B. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty by employee
having regular or probationary appointment because of the death or terminal illness in
his/her immediate family. NBPMA shall be entitled to 40 hours of bereavement leave per
incident (terminal illness followed by death is considered one incident). Parents and
siblings of spouses shall be considered part of the immediate family for the purposes of this
section.
C. Workers Compensation Leave
In accordance with Section 4850 of the Labor Code, unit employees shall be entitled to
leave of absence while disabled without loss of salary for the period of the disability, not to
exceed one year.
SECTION 4. - Retirement
A. Retirement Benefits.
1. The City shall pay each member's required PERS retirement contribution (9% of
salary for sworn employees and 7% for non -sworn employees). City payments
• pursuant to this Section shall be deemed to be member contributions under the
Public Employees Retirement System and recoverable by the member as such in
accordance with the rules and regulations promulgated by PERS. These amounts
will be reported to PERS monthly as special compensation for retirement purposes.
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'2. The City has implemented the Level 4 1959 survivors benefits for NBPMA
members.
3. Should additional retirement plan options become available through PERS, the
Association may reopen negotiations on the City's retirement program. Any agreed
upon changes in retirement shall be on a cost neutral basis to the City.
SECTION 5. - Fringe Benefits.
A. Health/DentalInsurance.
1. The City shall make available to all NBPMA members the PERS health insurance
programs and a second health care plan. City shall pay the health and dental
premium for each NBPMA member, up to a maximum of $400 per month.
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2.
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4.
Information Committee.
City has established a Medical/Dental Information Committee composed of one
representative from each employee group and up to three City representatives. The
Medical/Dental Information Committee has been established to allow the City to
present data regarding carrier and coverage options, the cost of those options,
appropriate coverage levels and other health care issues. The purpose of this
Committee is to provide each employee group with information about health care
issues and to receive timely input from associations regarding preferred coverage
options and levels of coverage. City shall provide information to the Committee in
December, February and April of each year during the term of this MOU.
Medical Opt Out
NBPMA members who do not want to enroll in any health care plan offered by the
City, who provide evidence of health care insurance coverage through other carriers,
and execute an agreement releasing the City from any responsibility or liability to
provide health care insurance coverage, shall receive, in lieu of the $400
contribution towards the premium for Coverage offered by City sponsored health
care providers, an in -lieu health coverage payment of $200 per month.
Employees may re- enroll in any of the City's available health plans per the rules of
those plans. •
Retiree Medical Insurance
The parties agree that during the term of this Agreement, the maximum combined
contribution by the City and active employees for retiree medical insurance shall not
exceed $400.00 per month. (City contribution limited to two- thirds (2/3) of $400.00
with the active employees paying one -third (1/3).
Further, the City and Association agree to work, through a City wide committee, on
a variety of issues involving retiree medical insurance in an attempt to achieve cost
containment and equity amongst the City's retiree medical programs.
Disability Insurance - New
Effective April, 1999, the City shall provide disability insurance with the following
provisions:
Weekly Benefit 662/3%
gross weekly wages
Maximum Benefit (mo.) $5,000
Minimum Benefit $50 .
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0 Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves prior to receiving
benefits under the disability insurance program. Employees may not supplement the
disability benefit with paid leave once the waiting period has been exhausted.
Concurrent with the commencement of this program, the employees shall assume
responsibility for the payment of the disability insurance cost in the amount of one
(1.0 %) percent of base salary. Simultaneously, the City shall increase base wages by
one (1.0 %) percent (Excluded from the salary calculations pursuant to the SMOU).
There will be no increase in the cost of the disability insurance program for the term
of this agreement.
Concurrent with implementation of the new disability insurance program, the
industrial accident leave policy of the City (Section 8.03.2.1 Personnel Rules) shall
be eliminated.
B. Section 125 Plan.
Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income
by City payment of allowable expenses such as child care and medical expenses. City shall,
maintain a "reimbursable account program" in accordance with the provisions of Section
125 of the Internal Revenue Code, pursuant to which an NBPMA member may request that
medical, child care and other eligible expenses be paid or reimbursed by the City out of the
employee's account, with the base salary of the employee reduced by the amount designated
by the employee to be placed into that account. The City's obligation to establish a
reimbursable account program is contingent upon the City incurring no cost or potential
liability relative to the plan or its administration. City shall cooperate to the fullest extent of
the law provided, however, City may require the plan to contain provisions that authorize
the administrator to pay allowable expenses only upon submittal of a demand from the City.
Any "reduction" in salary pursuant to this Section and/or the Section 125 Plan established
by the City, shall not affect any other provision of this MOU.
C. Employee Assistance Program.
City shall provide an Employee Assistance Program through a properly licensed provider.
NBPMA members and their family members may access the Employee Assistance Program
at no cost subject to provider guidelines.
D. Tuition Reimbursement.
NBPMA members attending accredited community colleges, colleges, trade schools or
universities may apply for reimbursement of one hundred percent (100 %) of the actual cost
of tuition, books, fees or other student expenses for approved job - related courses.
Maximum tuition reimbursement for sworn personnel shall be $600.00 per fiscal year.
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Reimbursement is contingent upon the successful completion of the course. Successful
completion means a grade of "C" or better for undergraduate courses and a grade of "B" or
better for graduate courses. All claims for tuition reimbursement require the approval of the
Chief of Police and the Administrative Services Director.
SECTION 6. - Miscellaneous Provisions.
A. Schedule.
1. Employees currently work a variety of alternative work schedules (some trial) as
approved by the Chief of Police. They include 3/12 and 4/10. The basic work
schedule shall be considered the 9/81 for the term of this MOU. Subject to the right
to re -open as specified in this subparagraph, 9/81 shall be the standard work
schedule for the term of this MOU. The 9/81 schedule will be structured to allow
for 130 days off during the calendar year. NBPMA members shall be entitled to
eleven (11) days off for ten months of the year and ten (10) days off during two
months of the year. The Chief of Police shall determine the months during which
NBPMA members shall receive ten days off. The Chief of Police shall also have the
right to alter the work schedule of any NBPMA member assigned to any multi -
agency or regional task force.
Upon notice, the parties shall meet and confer, in good faith, regarding the
appropriate work schedule(s) for NBPMA members.
2. City shall have the right to designate a 14 day or 28 day work period pursuant to
Section 29 U.S.C. 507(k) ( "7 K Exemption "), provided, however, the 7 K Exemption
shall not affect the City's obligation to pay overtime pursuant to provisions of this
MOU including the provisions of Section 1.(C)(1).
3. The parties agree that the following procedures are consistent with good police
practices, provide each NBPMA member with ample time to perform all required
duties, and comply with the Fair Labor Standards Act:
(a) All Patrol Supervisors are required to report to work 15 minutes early;
(b) All Patrol Supervisors acknowledge and agree that normally, they are to
leave at the end of their shift, that they shall not routinely perform duties
beyond the end of their shift, that the 15 minutes allotted for briefing
preparation is adequate, and they will comply with an order issued by the
Chief of Police consistent with this MOU;
(c) The 15 minutes per shift shall be converted to compensatory time on a
straight time basis and placed in a compensatory time off bank which the
member may use as flex leave, vacation leave or sick leave, but for which the
member would not be paid at any time. Is
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• B. Reductions in Force/Layoffs.
The provisions of this section shall apply when the City Manager determines that a
reduction in the work force is warranted because of actual or anticipated reductions in
revenue, reorganization of the work force, a reduction in municipal services, a reduction in
the demand for service or other reasons unrelated to the performance of duties by any
specific employee. Reductions in force are to be accomplished, to the extent feasible, on the
basis of seniority within a particular Classification or Series and this Section should be
interpreted accordingly.
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 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
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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 lay -off shall be given at least thirty (30) days advance notice
of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off
will be paid for all accumulated paid leave, holiday leave (if any), and accumulated
sick leave to the extent permitted by the Personnel Resolution.
4. Re- Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re- employment list in reverse order of layoff. The re- employment list
shall remain in effect until exhausted by removal of all names on the list. In the
event a vacant position occurs in the Classification which the employee occupied at
the time of layoff, or a lower ranking Classification within a Series, the employee at
the top of the Department re- employment list shall have the right to appointment to
the position, provided, he or she reports to work within seven (7) days 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
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• have the right to refuse to be placed on the re- employment list or the right to remove
his or her name from the re- employment list by sending written confirmation to the
Personnel Director.
5. Severance Pay.
Permanent employees who are laid off shall, as of the date of lay -off, receive one
week severance pay for each year of continuous service with the City of Newport
Beach.
C. Grievance Procedure.
1. Definition.
The term "grievance" means a dispute between NBPMA or any member and the City
regarding the interpretation or application of rules or regulations governing the terms
and conditions of employment, any provision of the Personnel Resolution, any
provision of Resolution No. 71 -73, or this MOU.
2. Guidelines.
Any NBPMA member may file a grievance without fear of retaliation or any adverse
• impact on any term or condition of employment.
(a) A grievance shall not be filed to establish new rules or regulations, change
prevailing ordinances or resolutions, nor circumvent existing avenues of
relief where appeal procedures have been prescribed.
(b) A member may be self - represented or represented by one other person.
(c) A member and any representative shall be given notice of the time and place
of any grievance proceeding, the opportunity to be present at such
proceedings, a copy of any written decision or communication to the
employee concerning the proceedings, and any document directly relevant to
the proceedings.
(d) All parties shall engage in good faith efforts to promptly resolve the
grievance in an amicable manner. The time limit specified may be extended
upon mutual agreement expressed in writing.
(e) The procedures in this MOU represent the sole and exclusive method of
resolving grievances.
3. Procedure
. (a) Steps
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NBPMA members occupying the position of Sergeant or Lieutenant shall .
present any grievance to the supervising Captain, and may appeal the
decision of the supervising Captain to the Chief of Police and City Manager
by complying with the procedures in this subsection. Any member
occupying the position of Captain shall present any grievance to the Chief of
Police, and may appeal the decision to the City Manager by following the
procedures outlined in this subsection. The decision of the City Manager
shall be final.
(b) Written Notice
All grievances shall be submitted in writing. The grievance shall be
submitted within ten (10) working days after the member knew, or in the
exercise of reasonable diligence should have known, of the act or events
upon which the grievance is based. The grievance shall contain a complete
statement of the matters at issue, the facts upon which the grievance is based,
and the remedy requested by the member. All appeals shall be in writing
and, in addition to the matters which must be stated in any grievance, shall
specify the decision or decisions which form the basis of the appeal.
Grievances and appeals shall be deemed submitted when personally
delivered to the appropriate supervisor or the Chief of Police.
(c) Hearings/Meetings •
The appropriate supervisor, Chief of Police or City Manager shall meet with
the member and any representative in an effort to resolve the grievance. The
meeting shall be conducted within ten (10) working days after the appeal or
grievance is served. The meeting shall be informal and the discussion should
focus on the issues raised by the grievance. Written decisions on the
grievance or appeal shall be served on the employee within ten (10) working
days after the meeting.
4. General Grievance.
A general grievance affecting more than one NBPMA member may be filed by
NBPMA on behalf of the affected employees with the Chief of Police. The
grievance shall contain a complete statement of the matters at issue, the facts upon
which the grievance is based, and the remedy requested by NBPMA. The Chief of
Police shall meet with NBPMA representatives within ten (10) days following
receipt of the grievance and provide a written decision on the grievance within ten
(10) working days after the meeting. In the event NBPMA is dissatisfied with the
decision of the Chief of Police, it may appeal to the City Manager by following the
procedures outlined in Step 4 of the procedure applicable to employees. In the event
NBPMA is dissatisfied with the decision of the City Manager, it may appeal the
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decision to the Civil Service Board by filing a written notice of appeal within fifteen
(15) days after receipt of the decision.
D. Continuing Negotiations
NBPMA and the City agree to continue negotiations on the issues of implementing the
Physical Fitness Program and an Injured On -Duty (IOD) Policy. It is the intent of the
parties that these negotiations be completed within thirty (30) days of the execution of this
Memorandum of Understanding.
Executed this day of 11999:
NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION
Lo
LM
Fred Heinecke
. CITY OF NEWPORT BEACH
Lo
ATTEST:
LN
Dennis O'Neil, Mayor
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
0
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