HomeMy WebLinkAboutRES-95-5725 (MOU/POA CAPTAINS BARGAINING UNIT-95)1
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RESOLUTION NO. 95-5725
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH
CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH
HERMOSA BEACH POLICE OFFICERS ASSOCIATION CAPTAINS
BARGAINING UNIT.
WHEREAS, the Hermosa Beach Police Captains have elected to meet and
confer with the City of Hermosa Beach on matters concerning wages, hours and
working conditions and,
WHEREAS, the above personnel have selected certain individuals to represent
them; and
WHEREAS, Employee and Management representatives have jointly negotiated
a Memorandum of Understanding which hasbeen ratified by a majority vote of the
members of the Police Captains Bargaining Unit. Said Memorandum of Understanding
is attached as "Exhibit X; and,
WHEREAS, the Employee representatives and the City Manager have mutually
agreed to recommend that the City Council adopt this Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH RESOLVES to enter into said Memorandum of Understanding to be dated
March 15, 1995 and to be effective for the period October 15, 1994 through and
including June 30, 1997.
BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage
and adoption of this resolution; shall cause the same to be entered among the original
resolutions of said City; and shall make a minute of the passage and adoption thereof
in records of the proceedings of the City Council of said City the minutes of the
meeting at which time same is passed and adopted.
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MEMORANDUM OF UNDERSTANDING
FOR THE
POLICE CAPTAINS BARGAINING GROUP
1. PARTIES TO THE MEMORANDUM
This Memorandum of Understanding, hereinafter referred to as the "MOU" or the
"Agreement," has been entered into, pursuant to the laws of the State of California and the
City of Hermosa Beach, California, by and between the CITY OF HERMOSA BEACH,
hereinafter referred to as the "City" or as "Management," and the HERMOSA BEACH
POLICE OFFICERS ASSOCIATION, hereinafter referred to as the "Association."
2. RECOGNITION
A. Pursuant to the provisions of the Meyers-Milias-Brown Act, (Government Code 3500,
et seq.), the City agrees to, and does, recognize the Hermosa Beach Police Officers
Association as the exclusive representative of the full-time positions in the
classification of Police Captain of the City of Hermosa Beach.
3. SCOPE & IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING
A. This memorandum of understanding constitutes the joint recommendation of
Management and the Association. It shall not be binding in whole or in part upon the
parties unless and until the following conditions have been complied with:
1. The association shall notify the City Council in writing that it has formally approved
the Memorandum of Understanding in its entirety.
2. The City Council shall approve this Memorandum of Understanding.
3. This MOU has been reached following good -faith negotiations, by the authorized
Management representative of the City Council and the authorized representative for
the Hermosa Beach Police Officers Association.
4. JOB ACTION
A. The Association and its members agree that during the term of this MOU there shall
be no strike.
B. In the event of an unauthorized strike, the City agrees that there will be no liability on
the part of the Association provided the Association promptly and publicly disavows
such unauthorized action; orders the employees to return to work and attempts to
bring about a prompt resumption of normal operations; and provided further, that the
Association notifies the City in writing, within 48 hours after the commencement of
such strike, what measures it has taken to comply with the provisions of this strike.
C. In the event such strike by the Association has not affected resumption of normal work
practices, the City shall have the right to take appropriate disciplinary action.
5. NON-DISCRIMINATION
A. The City shall not discriminate against any employee because of race, color, age,
creed, national origin, sex, disability, medical condition, marital status, or union
activities in any matter.
S. MANAGEMENT RIGHTS
1. Manage the City.
2. Schedule working hours.
3. Establish, modify or change work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote, demote, transfer, suspend,
discipline or discharge any employee.
6. Determine the location of any new facilities, building, departments, divisions, or
subdivisions thereof, and the relocation, sale, leasing or closing of facilities,
departments, divisions, or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used herein.
9. Determine processes, techniques, methods and means of performing work.
10. Determine the size, character and use of inventories.
11. Determine the financial policy including accounting procedures.
12. Determine the administrative organization of the system.
13. Determine the selection, promotion, or transfer of employees.
14. Determine the size and characteristics of the work force.
15. Determine the allocation and assignment of work to employees.
16. Determine policy affecting the selection of new employees.
17. Determine the establishment of quality and quantity standards and the judgment of
quality and quantity of work required.
18. Determine administration of discipline.
19. Determine control and use of City property, materials and equipment.
20. Schedule work periods and determine the number and duration of work periods.
21. Establish, modify, eliminate or enforce rules and regulations.
22. Place work with outside firms.
23. Determine the kinds and numbers of personnel necessary.
24. Determine the methods and means by which such operations are to be conducted.
25. Require employees, where necessary, to take in-service training courses during
working hours.
26. Determine duties to be included in any job classifications.
27. Determine the necessity of overtime and the amount of overtime required.
28. Take any necessary action to carry out the mission of the City in cases of an
emergency.
A. The exercise of the foregoing powers, rights authority, duties and responsibilities by
the City, the adoption of policies, rules, regulations and practices in furtherance
2
Nftw, thereof, and the use of judgment and the discretion in connection therewith, shall be
limited only by the specific and express terms of this Memorandum of Understanding,
city Personnel Ordinance and Personnel Rules and Regulations, the Public Safety
Officers Procedural Bill of Rights, and other statutory laws.
B. Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of
management's rights shall impact on employees of the bargaining unit, the City agrees
to meet and confer with representatives of the Association, upon request by the
Association, regarding the impact of the exercise of such rights unless the matter of
the exercise of such rights is provided for in this Memorandum of Understanding.
7. PROVISIONS OF LAW - INSEPARABILITY
A. It is mutually understood that this MOU is, and shall be, subject to all current and
future applicable state, federal and local laws. If any article, part, provision or
segment of this MOU is, or shall be, in conflict with or inconsistent with such
applicable provisions of federal, state or local law, or is otherwise held to be invalid, or
unenforceable by any court of competent jurisdiction by final decree, such article, part
or provision thereof shall be superseded by such applicable law and the remainder of
this MOU shall in no way be affected thereby.
8. FULL UNDERSTANDING. MODIFICATION. WAIVER
1"010' A. It is intended that this Agreement sets forth the full and entire understanding of the
parties regarding the matters set forth herein, and any other prior to existing
understanding or agreements by the parties whether formal or informal, regarding any
such matters are hereby superseded or terminated in their entirety.
B. Except as specifically provided herein, it is agreed and understood that each party
hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not
be required to negotiate with respect to any subject or matter covered herein during
the term of this agreement.
C. Any agreement, alteration, understanding, variation, waiver, or modification of any of
the terms or provisions contained herein shall not be binding upon the parties hereto
unless made and executed in writing by all parties hereto, and if required, approved
and implemented by the City Council.
D. The waiver of any breach, term or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
9. GRIEVANCE PROCEDURE
�✓ A. The Grievance Procedure is attached as Exhibit A and incorporated herein by
reference.
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�%• 10. WORK SCHEDULE
A. Police Captains shall have the choice of working a ten (10) hour day, four (4) days per
work week; or an eight (8) hour day, five (5) days per work week.
B. In the event of an emergency situation, the City may cancel, alter or amend the work
schedule as necessary immediately.
11. COMPENSATION - METHODS OF COMPENSATION
A. Methods of compensation:
1. Compensation shall be determined on an hourly basis.
2. Payments due shall be paid on a bimonthly basis unless otherwise mutually agreed.
By mutual consent early payments and other modifications can be made.
3. Base hourly salary shall be considered the rate of pay for a particular classification
without consideration of any other form of compensation.
B. Salary Advancements Within Base Pay Range:
1. Step Advancement:
a. All salary advances shall be based on merit and fitness. All increases shall be recomme
by the Department Head and approved by the Personnel Officer/City Manager. In the c
`v' of exceptional merit, and upon the recommendation of the Department Director, an empl
may, with the approval of the City Manager, be advanced a step within the salary range
other than one year intervals. Such advancements shall establish a new anniversary da
future advancements. Merit increases shall be effective at the beginning of the next pay
period (1 st or 16 of month).
b. Upon the successful and satisfactory completion of twelve (12) months service, employe
shall be advanced one step within their range and yearly thereafter until the maximum wi
the range achieved.
2. Promotion
a. An employee who is promoted to a position in a class with a higher salary rate shall be e
to the lowest step in the higher range which exceeds the present rate of pay with the int
increasing the base salary rate by at least 5%.
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1"001 12. BASE SALARY
A. Effective October 1, 1994 the base salary range for the classification of Captain shall be as
follows:
STEP: A B C D E
5358 5625 5907 6202
1. Effective April 1, 1995 the base monthly salary shall be increased $50.00 coincidental
with the elimination of Section 25 - Uniform Allowance.
B. Effective July 1, 1995 the base salary range shall be increased 3.0%
C. Effective July 1, 1996 the base salary shall be increased 3.5%
D. Upon commencement of 21 years service as a sworn peace officer in Hermosa Beach,
employee will receive an additional 5% salary.
13. EXEMPT EMPLOYEES
A. The Classification of Police Captain is designated as exempt under FLSA.
14. INSURANCE COVERAGE
A. LIFE
1. City shall provide a life insurance policy for each employee, payable in the amount
of two times annual salary.
B. MENTAL HEALTH
1. City shall make such a plan available to city employees; the full cost to be paid by
the employee.
C. VISION
1. City shall make such a plan available to city employees; the full cost to be paid by
the employee.
D. MEDICAL
1. City shall provide for Association members a medical insurance plan to include a
choice of an annuity plan with $250.00 deductible or an HMO plan; both plans to
include maternity care and prescription benefits. The current medical plan or its
equivalent, to remain in force during the term of this MOU. City shall meet and consult
should there be a change in providers.
Ifte, 2. The HMO plan shall have no greater than a $5.00 office visit and prescription co -
pay during the term of this agreement.
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3. City to pay employee costs and current dependent rate with any future increased
``'� dependent costs to be borne 80% City and 20% employee.
E. DENTAL
1. City shall provide for Association members a dental insurance plan to include a
choice of an indemnity plan or a pre -paid plan.
2. City to pay employee cost and current dependent rate with any future increased
dependent costs to be borne 80% city and 20% employee.
15. DEFERRED COMPENSATION
A. City agrees to make available to all employees in the Unit either of the citywide
Deferred Compensation Plans. All participants being then eligible to vote on
decisions of the Deferred Compensation Committee.
16. RETIREMENT
A. The City shall maintain the 2% @ 50 PERS contract with "One Year Final
Compensation" in effect at the time of this contract.
B. The City will pay the employee's 9% contribution to the P.E.R.S. retirement system
credited to the employee's portion.
C. Effective November 1, 1995, the City shall commence reporting to P. E. R. S. the value
of the 9% employer paid member contribution (EPMC) pursuant to the authority of
Government Code section 20023(c)(4).
17. LEAVE OF ABSENCE
A. Management agrees to allow all employees covered by this MOU to take a leave of
absence without pay, not to exceed 60 days, in conjunction with, or in addition to, their
regular vacation time. This leave will only be allowed every other year. Timing and
duration of leave is subject to approval of the Chief of Police and subject to the needs
of the department. This provision shall not reduce any leave entitlement an employee
may have under the Military and Veterans Code.
18. VACATION
A. Vacation accrual rates shall be as follows:
1.
Upon hire, at the rate of 96 hours/year.
2.
Commencing with the 7th year, at the rate of 112 hours/year.
3.
Commencing with the 8th year, at the rate of 136 hours/year.
4.
Commencing with the 15th year, at the rate of 160 hours/year.
5.
Commencing with the 16th year, at the rate of 168 hours/year.
6.
Commencing with the 17th year, at the rate of 176 hours/year.
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lv� B. An employee covered by this agreement may accrue vacation time to a maximum of
270 hours. Cash out of any earned but unused vacation accrual in excess of 270
hours (as of September 30 of each year) shall be automatically cashed out as part of
the October 20th payroll.
19. HOLIDAYS
A. The following holidays shall be considered as paid:
New Year's Day; Martin Luther King, Jr.'s Birthday; Presidents' Day; Memorial Day;
Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day after
Thanksgiving; Christmas Day
20. SICK LEAVE
A. Sick leave accrual shall be as follows:
1. Those employees having less than 176 accrued hours of sick leave shall accrue
sick leave at the rate of 6 hours per month until their accrual accumulates to 176
hours at which time their accrual shall be 8 hours per month.
2. A once a year cash -in can be up to 100% of the unused sick leave as long as at
least 176 accrued hours remains on hand. An employee may accrue a maximum
of three hundred and fifty hours (350); thereafter any excess shall be cashed
out. Employees who have more than 350 hours of sick time on the books as of
June 1, 1988 shall be frozen at that accumulation; any sick time in excess of that
amount shall be cashed out.
B. Upon termination from city employment, sick leave will be paid at the current hourly
rate, on the following conditions:
1. 25% pay from 5 thru 9 years of continuous service.
2. 50% pay 10 thru 19 years continuous service.
3. 75% pay 20+ years continuous service.
C. In the case of serious illness of a member of the immediate family, the employee may
utilize sick leave. Immediate family for the purpose of this section shall be defined as:
father; mother; father-in-law; mother-in-law; brother; sister; spouse; or legal
dependent. Employees may predesignate and substitute other members for those
members defined as "immediate family". The intent of this provision is not to expand
the number of persons included in the definition of "immediate family" nor to increase
paid leave opportunities, but rather, to recognize variation in family structure (e.g.
stepmother for mother).
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21. BEREAVEMENT LEAVE
A. Each employee shall receive a maximum of three shifts per calendar year to be
utilized for bereavement leave because of a death in their immediate family.
Immediate family shall be defined as in Article 21 - Sick Leave. Said time will not be
cumulative from one twelve month period to another nor will pay in lieu of unused
leave for bereavement be provided. the Chief of Police may grant one (1) additional
shift in the event of a death which required extended travel.
22. MANAGEMENT LEAVE
A. Police Captains -shall be allowed eighty (80) hours of additional leave each calendar
year in addition to flex time for extraordinary assignments, fixed holidays and
bereavement leave. Management leave does not accumulate or carry over, it must be
used each year. Said Management Leave shall have no monetary value.
23. EDUCATIONAL REIMBURSEMENT
A. The City agrees that Police Captains who desire to enroll in training and academic
courses that may provide the employee with general or specific skills and/or
knowledge that contributes to their ability to perform their current position or enhances
promotional opportunities, shall have their course fees (up to CSU rate), books,
materials, and tuition (CSU rate) paid by the City, in advance, subject to the approval
of the City Manager. The employee will reimburse the City for all expenses if the
employee fails or does not complete the courses.
24. UNIFORM ALLOWANCE
A. Said allowance for Police Captains to be $600 per year, payable through the regular
payroll schedule.
B. Effective April 1, 1995 the provision of this Section shall be eliminated and the base
monthly salary of Captain shall be increased $50.00 per month.
25. AMMUNITION REPLACEMENT
A. In addition to the quarterly qualification ammunition, each officer will be allowed to
utilize fifty (50) rounds of ammunition for their primary duty weapon, at City expense,
each month at the firing range used by the Department. the City will also pay for the
expense of using the range. The ammunition will be used to practice on an approved
course of fire so that officers will become more proficient with their service weapons.
B. The City will not compensate officers for the time spent to utilize this ammunition.
Officers must use the allotted ammunition each month, it does not accumulate.
26. DISCIPLINARY ACTIONS
A. For the purpose of defining disciplinary actions, the following definitions shall be
applicable:
1.
Dismissal.
2.
Demotion.
3.
Suspension.
4.
Reductions in pay.
5.
Reprimand (written)
B. Reductions in pay are governed by the "Blue Section" of the Police Manual.
C. Appeals from the disciplinary actions shall only be subject to the "Blue" section of the
Police Manual entitled "Rules and regulations".
D. Prior to the commencement of any internal investigation which is likely to subject the
officer to disciplinary action, the officer shall be advised of their rights pursuant to
Section 3300,. et. seq., of the California Government code as amended. All rights
contained therein shall be applicable to the disciplinary actions and shall be used as a
minimum guideline only.
E. Any reprimand record or other writing containing negative comments (with the
exception of Performance Evaluations) included in the employees personnel package
is a written reprimand.
F. Inclusionary periods as currently set forth in the Police Department rules and
Regulations shall remain in effect during this M.O.U.
G. Any officer receiving time off dispensed as a result of disciplinary action can use either
accumulated compensatory time or vacation time at their discretion. However, when
exceptional circumstances arise and the City feels that it is in the best interest to keep
an officer off duty for a limited period of time (not to exceed five (5) working days), the
City may exercise this right.
27. LAYOFF
A. Hermosa Beach Municipal Code Section 2-42 as currently enacted, is the governing
provision regarding layoff. However, City further agrees that prior to implementation
of any such layoff, discussions shall be held to explore other alternatives, mitigation,
etc.
B. It is further agreed that in the event the City should contract with another agency for
provision of police services, the Association shall receive six (6) months advance
notice prior to the effective date of any such change.
of
28. NO SMOKING
A. The parties agree that the City shall amend its class specifications for unit positions to
provide that employees who become unit employees after March 1, 1988 shall, as a
condition of their continued employment, refrain from smoking tobacco or any other
non -tobacco substance at any time on or off duty. Violation of this condition of
employment shall be deemed good cause for dismissal.
29. ANNUAL PHYSICAL
A. All employees covered by this agreement shall be provided with a complete physical
examination (participation is voluntary) according to the following schedule:
1. Every two (2) years up to and including age 38;
2. Annually at age 39 and thereafter.
B. Said physical to be at a location of the City's choice and at the City's expense.
C. The physical exam is to include at least the following:
Review of medical history, physical examination; Urinalysis; VDRL; X -Rays
(Chest PA, Lumbar Spine and Cervical) only if indicated; Blood groupings, CBC,
Chem Panel 17; EKG and Treadmill; Lipid Analysis; Pulmonary Function Test;
Hearing test; Strength and Flexibility testing.
30. DURATION OF CONTRACT
This MOU is effective October 1, 1994 and shall remain in full force and effect through
June 30, 1997.
In witness whereof, the parties hereto have caused their duly authorized representatives to
execute this Memorandum of Under -standing this day of n i,_.:H 1995.
MOSA BEACH POLICE
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Johri J. Mebiu
Captain
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Michael J. Lav'
Captain
captains/disc 95-1011rab
CITY OF HERMOSA BEACH
Stephen W Burrell
City�Manager
Robert A. Blackwood
Personnel Director
Viki Copeland
Finance Director
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Effective October 1, 1995 the Memorandum of Understanding between the City
of Hermosa Beach and the Hermosa Beach Police Officers' Association shall be
amended as follows:
2. RECOGNITION
A. Pursuant to the provisions of the Meyers-Milias-Brown Act (Government code
Section 3500, at. seq.), the City agrees to, and does, recognize the Hermosa
Beach Police Officers Association as the exclusive representative of the full time
position of Police Captain and Police Lieutenant of the City of Hermosa Beach.
12 - BASE SALARY
A. Effective October 1, 1995 the base monthly salary range for the classification
of Police Lieutenant shall be as follows:
Step: 1 2 3 4
5013 5263 5527 5803
Police Lieutenants shall be entitled to all other terms and conditions of
employment as expressed in the Police Management Memorandum of
Understanding which are granted to other unit positions.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
`4001 representatives to execute this Supplemental to the Memorandum of
Understanding this day of October, 1995.
Michael Lav'
Captain, H ( sa Beach Police Dept.
01eut
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
L Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 95-5725 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at a Regular Meeting of
said Council at the regular place thereof on March 14, 1995.
11� The vote was as follows:
AYES:
Bowler, Edgerton, Oakes, Reviczky, Mayor Benz
NOES:
None
ABSTAIN:
None
ABSENT:
None
DATED: March 16, 1995