City Council/Public Financing Authority
June 20, 2023

Tentative Agreement – June 13, 2023

Memorandum of Understanding

Between

Huntington Beach

Police Management Association

and

City of Huntington Beach

July 1, 20213 – December 31June 30,
20236

POLICE MANAGEMENT ASSOCIATION

MEMORANDUM OF UNDERSTANDING

TABLE OF CONTENTS

PMA MOU July 1, 20231 through JuneDecember 301, 20263 i

PREAMBLE ..................................................... ........................................................... 1 ARTICLE I -- REPRESENTATIONAL UNIT ................................................................... 1 ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT ......................................... 1 ARTICLE III -- SALARY SCHEDULES ........................................................................... 1 A.SALARY SCHEDULE EXHIBIT A ......................................................................................... 2 B. MODIFIED SALARY SCHEDULE ........................................................................................ 2 C. PERFORMANCE BONUS .................................................................................................. 2 ARTICLE IV - RETIREMENT .......................................................................................... 3 A. CLASSIC SAFETY EMPLOYEE RETIREMENT BENEFITS ....................................................... 3

1. 3 @ Age 50 Plan .......................................................................................................................... 3

2. 1959 Survivors' Benefits .............................................................................................................. 3

3. Pre-retirement Optional 2 Death Benefit ...................................................................................... 3

4. One Year Final Compensation ..................................................................................................... 3

5. Classic Safety CalPERS Member Contribution ........................................................................... 3

6. Classic Member Safety CalPERS Cost Sharing .......................................................................... 3 B. Self-Funded Supplemental Retirement Benefit ........................................................................................ 4 C. CalPERS "New Member" Retirement Benefits ......................................................................................... 4 D. "New Member" Safety Retirement Benefits .............................................................................................. 4

1. CalPERS "New Member" Safety Retirement Formulas ............................................................... 4

2. 1959 Survivors' Benefit Level IV .................................................................................................. 4

3. Pre-Retirement Optional Settlement 2 Death Benefit .................................................................. 4

4.Three Year Final Compensation ................................................................................................... 4

5. New Member Safety CalPERS Member Contributions ................................................................ 4

6. New Member Safety CalPERS Cost Sharing .............................................................................. 4 ARTICLE V -- HEALTH AND OTHER INSURANCE BENEFITS ................................... 5 A. H EALTH .................................................................................................................. 5

1. CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA)................................... 5 a. PEMHCA Employer Contributions .......................................................................................... 5 b. Maximum Employer Contributions Towards Flex Benefits ..................................................... 5

2. Dental Insurance .......................................................................................................................... 6

3. Retiree (Annuitant) Coverage ...................................................................................................... 7 a. City Contribution (Unequal Contribution Method) for Retirees ............................................... 8 b. Termination of Participation in the CalPERS PEMHCA program - Impact to Retirees .......... 8 c. Termination Clause ................................................................................................................. 8

4. Medical/Vision Cash-Out ............................................................................................................. 8 B. S ECTION 125 EMPLOYEE PLAN ................................................................................ 9

POLICE MANAGEMENT ASSOCIATION

MEMORANDUM OF UNDERSTANDING

TABLE OF CONTENTS

PMA MOU July 1, 20231 through JuneDecember 301, 20263 i i C. L IFE INSURANCE ..................................................................................................... 9 D. C ITY CONTRIBUTION TOWARDS LTD INSURANCE AND LTC PROGRAM ........................ 9 E. E MPLOYEE WELFARE BENEFIT TRUST FUND ........................................................... 10 ARTICLE VI -- BEREAVEMENT LEAVE ...................................................................... 11 ARTICLE VII -- ADDITIONAL MANAGEMENT BENEFITS ......................................... 11 A. T AKE HOME VEHICLE USE ..................................................................................... 11 B. B ILINGUAL PAY ..................................................................................................... 11 C. U NIFORM ALLOWANCE ........................................................................................... 12 D. M EAL ALLOWANCE ................................................................................................ 12

1. Per Diem .................................................................................................................................... 12

2. Per Diem Schedule .................................................................................................................... 13 E. M ILEAGE ALLOWANCE ........................................................................................... 13 F. Effective Date of Additional Management Benefits ........... .................................. 13 ARTICLE VIII -- CONTROLLED SUBSTANCE AND ALCOHOL TESTING ................ 13 ARTICLE IX–LEAVE BENEFITS .................................................................................. 13 A. A NNIVERSARY DATE .............................................................................................. 13 B. G ENERAL LEAVE ................................................................................................... 14

1. Purpose ..................................................................................................................................... 14

2. Anniversary Date ....................................................................................................................... 14

3. Annual General Leave Eligibility ................................................................................................ 14

4. General Leave Accrual .............................................................................................................. 14

5. Use of General Leave ................................................................................................................ 15

6. General Leave Conversion to Pay During Employment ............................................................ 15

7. Transfer of the Value of General Leave at Separation .............................................................. 15 C. P OLICE LIEUTENANT SICK LEAVE (PROBATIONARY PERIOD) .................................... 16 D L EAVE BENEFIT ENTITLEMENTS .............................................................................. 16 E. V OLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ........................................ 16 ARTICLE X SICK LEAVE PAY OUT ........................................................................... 16 ARTICLE XI -- HOLIDAYS ........................................................................................... 17 A. C ITY PAID HOLIDAYS ............................................................................................. 17 B. H OLIDAY COMPENSATION - EFFECTIVE UNTIL DECEMBER 31, 2021 .......................... 17 C. S HIFT DIFFERENTIAL PAY ...................................................................................... 18 D. H OLIDAY IN LIEU PAY - EFFECTIVE JANUARY 12, 2022 ............................................. 18

POLICE MANAGEMENT ASSOCIATION

MEMORANDUM OF UNDERSTANDING

TABLE OF CONTENTS

PMA MOU July 1, 20231 through JuneDecember 301, 20263 iii

ARTICLE XII -- WORK SCHEDULE / EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE ............................................................................. 19 A. W ORK SCHEDULE ................................................................................................. 19

1. 4-10 Plan ................................................................................................................................... 19

2. 7-11.5 Plan ................................................................................................................................ 19 a. Work Day .............................................................................................................................. 19 b. Work Period .......................................................................................................................... 19 B. D EDUCTIONS FROM PAY, EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE ..... 19 C. Execut ive Leave ................................................................................................. 19 ARTICLE XIII -- SPECIAL PAY .................................................................................... 20 A. A DVANCED POST CERTIFICATE ............................................................................. 20 B. E DUCATION INCENTIVE PAY ................................................................................... 20 C. E XECUTIVE DEVELOPMENT INCENTIVE PROGRAM .................................................... 20 D. L ONGEVITY PAY .................................................................................................... 21 E.. ACTING ASSIGNMENT .............................................................................................. 21 ARTICLE XIV-- MANAGEMENT RIGHTS .................................................................... 22 ARTICLE XV-- MISCELLANEOUS PROVISIONS ....................................................... 22 A. E MPLOYER-EMPLOYEE RELATIONS RESOLUTION (EERR) ........................................ 22

1. Amendments to the EERR ........................................................................................................ 22 a. Modification of Section 7 - Decertification and Modification ................................................. 22 B. W EAPONS VESTING............................................................................................... 24 C. A SSOCIATION BUSINESS ........................................................................................ 24 D. C OLLECTION OF PAYROLL OVER PAYMENTS ............................................................ 24 E. D IRECT DEPOSIT ................................................................................................... 24 F. A DMINISTRATION APPEAL PROCEDURE ................................................................... 25 G. G RIEVANCE HEARING COST SHARING ..................................................................... 25 H. A LTERNATIVE DISPUTE RESOLUTION AGREEMENT ................................................... 25 ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING ......................... 25 ARTICLE XVII -- CITY COUNCIL APPROVAL ............................................................ 26 LIST OF MOU EXHIBITS .............................................................................................. 27

POLICE MANAGEMENT ASSOCIATION

MEMORANDUM OF UNDERSTANDING

TABLE OF CONTENTS

PMA MOU July 1, 20231 through JuneDecember 301, 20263 i v EXHIBIT A – SALARY SCHEDULE ............................................................................. 28 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN ........................................................ 29 EXHIBIT C - ADMINISTRATIVE APPEAL PROCEDURE ............................................ 32 EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ......... 35 EXHIBIT E - ALTERNATIVE DISPUTE RESOLUTION AGREEEMENT ..................... 39

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(Herein Called CITY)
AND

THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION
(Hereinafter Called ASSOCIATION)

PREAMBLE

WHEREAS the designated represent ative of the City of Huntington Beach and the Huntington Beach Polic e Management Association (PMA) have met a nd conferred in good faith with respect to salaries, benefits and other terms and conditions of employment for the employees represented by the Association;

NOW THEREFORE, this Memorandum o f Understanding (MOU) is made, to become effective July 1, 202 13 through December 31June 30, 20232026. Except as otherwise provided in this MOU, the provisions are effective on July 1, 2021 on July 1, 2023.

ARTICLE I -- REPRESENTATIONAL UNIT

It is recognized that the Huntington Beach Police Management As sociation is the employee organization which has the right to meet and confer in good faith with the City on behalf of represented employees of the Huntington Beach Poli ce Department within the classification titles of Police Captain and Police Lieutena nt as outlined in Exhibit A attached hereto and incorporated herein.

ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT

Except as expressly provided herein, the adoption of this MOU shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Police Management Association.

ARTICLE III -- SALARY SCHEDULES

A. A. Employees shall be compensated at rates by classification title and salary range during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other Articles of this MOU.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 Effective June 24, 2023, employees will receive a base salary i ncrease of five percent (5.0%).

Effective the pay period including July 1, 2024, employees will receive a base salary increase of five percent (5.0%).

Effective the pay period including July 1, 2025, employees will receive a base salary increase of five percent (5.0%).

B. Effective at the beginning of the pay period including July 1, 2021, the parties’ agree that the salary schedule in Exhibit A reflects the following modifications from the salary schedule in the 2018-2020 MOU:

The salary schedule will include seven (7) steps from A-G;

The steps will be five percent (5%) steps;

All employees will be placed on the new salary schedule at the step that is closest to the base salary step they were on (of the 2018-2020 salary schedule) without being less.

Once placed on the new, seven-step salary schedule, employees w ill be eligible to move to the next step on their anniversary date (i.e., the date they are due for their next evaluation) upon receipt of a satisfactory evaluation.

C. Performance Bonus – Effective at the beginning of the pay period including July 1, 2021, employees in the unit who are at Step G on the salary schedule are eligible for an annual performance bonus of up to three percent (3%) of their base pay at the time of their evaluation.

The annual performance bonus amount will be determined based up on the evaluation of the employee’s performance. A completed performa nce evaluation with specific recognition of out standing performance must be at tached to the Personnel Action Form and sent to the Human Resources Division. The evaluation will also identify performance goals and objectives.

Employees who disagree with the performance bonus award granted b y t h e i r supervisor / manager may appeal the decision directly to the Po lice Chief for additional consideration. After review, the Police Chief’s fin al decision regarding the performance bonus award amount shall be final and binding, and shall not be subject to grievance.

The parties agree that to the ex tent permitted by CalPERS or la w, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3

ARTICLE IV – RETIREMENT

A. Classic Safety Employ ee Retirement Benefits:

1. 3% @ Age 50 Plan - The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees defined as “classic me mbers” per the Public Employees ’ Pension Reform Act of 2013 (PEPRA) represented by the Association.

2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574) Members of the City’s safety ret irement plan shall be covered b y the Fourth Level of the 1959 Survivor Benefit.

3. Pre-retirement Optional 2 Death Benefit (California Governme nt Code Section 21548) – Safety Employees)

4. One-Year Final Compensation (California Government Code Section 20042)

5. Classic Safety CalPER S Member Contribution:

a. All classic member safety members shall pay their CalPERS me mber contribution of nine percent (9%) of compensation earnable.

b. The City has adopted the CalPERS Resolution in accordance wi th IRS Code section 414(h)(2) to ensure that both the employee contrib ution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is d etermined by the law.

6. Classic Member Safety CalPERS Cost Sharing:

a. Classic member safety members cost share two four percent ( 24%) compensation earnable in accor dance with Government Code sectio n 20516(f).

b. Effective the beginning of the pay period including January 1, 2022, classic member safety members shall co st share an additional one percen t (1%) compensation earnable in accordanc e with Government Code sectio n 20516(f), for a total cost share of three percent (3%).

c. Effective the beginning of the pay period including January 1, 2023, classic member safety members shall co st share an additional one percen t (1%) compensation earnable in accordanc e with Government Code sectio n 20516(f), for a total cost share of four percent (4%).

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 4 B. Self-Funded Supplemental Ret irement Benefit – In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employee s’ Retirement law, and the member is a unit employee who was hired prior to J uly 6, 1998, the City shall pay the difference bet ween such elected option and t he unmodified allowance which the member would have received for their life a lone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member, shall be payable by t he City during the life of the member, and upon that member’s death, the City’ s obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. All unit employees hired after July 6, 1998 shall not be eligible for this benefit).

C. CalPERS “New Membe r” Retirement Benefits:

For “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA) of 2013 as defined in California Government Code Section 7522.04(f).

D. “New Members” Safet y Retirement Benefits:

1. CalPERS “New Member” Safety Retirement Formula: 2.7% @ Age 57 Plan - The City shall provide the 2.7% @ Age 57 retirement formula set f o r t h i n California Government Code Secti on 7522.25(d) for all safety em ployees defined as “new members” per the Public Employees’ Pension Refo rm Act of 2013 (PEPRA) represented by the Association.

2. 1959 Survivors’ Benefit Level I V (California Government Code Section 21574) – these members of the City’s sa fety retirement plan shall be c overed by the Fourth Level of the 1959 Survivor Benefit.

3. Pre-Retirement Optional Settl ement 2 Death Benefit (Californ ia Government Code Section 21548) these members of the City’s safety retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit.

4. Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of theirhis or her retirement, or some other 36 consecutive month period designated by the member, as required by California Government Code Section 7522.32(a).

5. New Member Safety CalPERS Me mber Contribution: Sworn employe es covered by this agreement shall pay one half (50%) of the normal cost rate, as established by CalPERS, as required by California Government Code Section 7522.30(c).

6. New Member Safety CalPERS Co st Sharing: Effective the beginning of the pay period including January 1, 2022, “new members” safety members shall pay at

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 5 least thirteen percent (13%) of pensionable compensation as the ir retirement contribution. If the required c ontribution per PEPRA (half the normal cost) is less than thirteen percent (13%), employees shall pay the diffe rence between the required PEPRA contribution and thirteen percent (13%) as c ost sharing per Government Code section 20516(f). If the required PEPRA contribution is at least thirteen percent (13%) or more, “new members” safety m embers will pay the required PEPRA contribution.

ARTICLE V -- HEALTH AND OTHER INSURANCE BENEFITS

A. Health
The City shall continue to make available group medical, dental and vision benefits to all employees and qualified dependents. The effective date for medical, dental and vision coverage is the first of the month following date of hire. Effective the first of the month following the employee’s date of hire, any r equired employee payroll deduction shall begin with the first full pay period fo llowing the effective date of coverage and shall contin ue through the end of the mont h in which the employee separates, unless otherwise precluded by the CalPERS P ublic Employees’ Medical and Hospital Care Act (PEMHCA). All employee contributions shall be deducted on a pre-tax basis.

1. CalPERS PEMHCA
The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEM HCA to make a contribution to retiree medical premiums. A retiree’s right to receive a City contribution, and the City’s obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of re tirees shall be limited to the required statutory minimum payment required by law.

a. PEMHCA Employ er Contributions
The City shall contribute on b ehalf of each employee the mand ated minimum sum (i.e., the annual PEMHCA statutory minimum) as requ ired per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandat ed minimum is increased, the C ity shall make the appropriate adjustm ents by decreasing its flex b enefits contribution accordingly as defined in the following sub-section.

b. Maximum Employer Contribut ions Towards Flex Benefits For the term of this Agreement, the City’s maximum monthly empl oyer contributions for each employee’s medical and vision insurance premiums are set forth as follows:

Type of Coverage Medical Premium

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 6 Employee Only (“EE”) $849.19820.00
Employee + one dependent
(“EE” + 1) $1,727.481650.00
Employee + two or more
dependents (“EE” + 2) $2,203.132100.00

Effective January 1, 2024

Type of Coverage Medical Premium
Employee Only (“EE”) $888.19859.00
Employee + one dependent
(“EE” + 1) $1,805.481728.00
Employee + two or more
dependents (“EE” + 2) $2,304.132201.00

Effective January 1, 2025

Type of Coverage Medical Premium
Employee Only (“EE”) $921.19892.00
Employee + one dependent
(“EE” + 1) $1,871.481794.00
Employee + two or more
dependents (“EE” + 2) $2,388.132285.00

i. Employee only (“EE”) – The cost of the premium up to a maxim um of $774.00. Effective in the pay period that includes January 1, 2022, the City agrees to increase this amount to the PORAC Region 2 amount for employee only coverage, but not higher than $825.86 per month.

Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the PORAC Region 2 amount for employ ee only coverage, but not higher than $849.19 per month.

ii. Employee + one dependent (“EE” + 1 ) – The cost of the premium up to a maximum of $1,623.00. Effecti ve in the pay period that inclu des January 1, 2022, the City agrees to increase this amount to the PORAC Region 2 amount for employee plus 1 coverage, but not higher th an $1,704.15 per month. Effective in t he pay period that includes January 1, 2023, the City agrees to increase this amount to the PORAC R egion 2 amount for employee plus 1 coverage, but not higher than $1,7 27.48 per month.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 7 iii. Employee + two or more dependents (“EE” + 2) – The cost of t h e premium up to a maximum of $2,076.00. Effective in the pay period that includes January 1, 2022, the City agrees to increase this amount to the PORAC Region 2 amount for employee plus 2 or more dependents coverage, but not higher than $2,179.80 per month. Effective in the pay period that includes January 1, 2023, the City agrees to increa se this amount to the PORAC Region 2 amount for employee plus 2 coverag e, but not higher than $2,203.13 per month.

iv.i. The City shall also pay up to $23.50 per month for each employe e for the VSP Vision Plan.

The maximum City contribution s hall be based on the employee’s enrollment in each plan. The parties agree that the required PEMHCA statutory minimum contribution (i.e., the annual PEMHCA statutory minimum) is included in this sum stated in the sub-section above. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional pr emiums through pre-tax payroll deductions.

2. Dental Insurance
The annual maximum benef it for the Delta Dental PPO plan is two thousand dollars ($2,000).

a. The maximum monthly City Contribution for dental insurance s hall be as follows: 1) employee only (“EE”) - $57.86; 2) employee plus one dependent (“EE+1”) - $108.02 or 3) employee plus two or more dependents ( “EE+2”) - $142.36.

b. The City’s contribution to dental insurance shall not increase. Any increase in dental premiums above the City’s current contribution cap as listed herein, will be the responsibility of the employee.

Table 1. PMA Health Contributions Effective January uly 1, 20231 Maximum City Contribution
The City agrees to contribute up to the premium, but
not higher than the maximums listed below:

Tier Medical Dental
PPO
Dental
HMO Vision
Single 849.19774.
00 57.86 30.11 23.50
Two Party 1727.48162

3.00 108.02 51.19 23.50
Family 2203.13076
.00 142.36 78.29 23.50
For employees who elect to discontinue vision coverage, the employee premium paid for vision coverage will be applied toward the medical premium.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 8

Table 2. PMA Health Contributions Effective January 1, 20242 Maximum City Contribution
The City agrees to contribute up to the premium, but
not higher than the maximums listed below:

Tier Medical Dental
PPO
Dental
HMO Vision
Single 888.1925.8
6 57.86 30.11 23.50
Two Party 1,805.4870

4.15 108.02 51.19 23.50
Family 2,304.1317

9.80 142.36 78.29 23.50

Table 3. PMA Health Contributions Effective January 1, 20253 Maximum City Contribution
The City agrees to contribute up to the premium, but
not higher than the maximums listed below:

Tier Medical Dental
PPO
Dental
HMO Vision
Single 921.19849.
19 57.86 30.11 23.50
Two Party 1,871.4872

7.48 108.02 51.19 23.50
Family 2,388.1320

3.13 142.36 78.29 23.50

3. Retiree (Annuitant) Coverage
As required by the Government Code retired employees (annuitants) shall have available the ability to partici pate in the PEMHCA program. Th e City’s requirement to provide retirees and/or annuitants medical cover age is solely governed by the Government Code requirement that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program.

a. City Contribution (Unequal C ontribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting y ear for the unequal contribution method is 2004 at $1.00 per month. The City’s contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contr ibution for employees, until such time as the contributions are equal. T h e Service Credit Subsidy will be reduced every January 1
st by an amount
equal to any required amounts to be paid by the City on behalf of the

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 9 retiree (annuitant). The City shall make these payments only w hile the City is a participant in the PEMHCA program.

b. Termination of Participation in the CalPERS PEMHCA program – Impact to Retirees
The City’s requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to re tirees (annuitants). If by a greement between the Association and the Cit y or if the City elects to i mpose termination of its participation in the PEMHCA program, retiree s (annuitants) shall no longer be elig ible for City provided medi cal insurance.

In the event that the City terminates its participation in the PEMHCA program, the Retiree Medical Subsidy program in place per Resol ution No. 2000-116, Exhibit B, to the MOU shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan.

c. Termination Clause
The City and Association may each request termination of the Ci ty’s contract with CalPERS after t he announcement of State Legislati on, Judicial Rulings, or a CalPERS Board Action that changes the employer’s contribution, insuranc e premiums, or program changes t o the CalPERS medical plan.

The City and Association may elect to terminate its participati on in the CalPERS PEMHCA program by mut ual agreement through the meet and confer process between the Association and the City.

4. Medical/Vision Cash-Out

a. Employees covered by a medica l program outside of a City-pro vided program (evidence of which must be supplied to the Human Resources Division), may elect to discont inue City medical coverage and e ither direct the cash value of the City’s Contribution Cap for the lo west-cost employee only (“EE”) medical coverage as described in Article V.A.1.(b) be deposited into their Deferred Compensation account, or any o ther pre-tax program offered, or approved by the City, or the employ ee may elect to receive this amount as a cash medical-opt out benefit.

b. An employee may also elect to discontinue vision coverage. T he employee premium paid for vision coverage will be applied towar d medical premium. This paragraph shall sunset on December 31, 2021.

B. Section 125 Employee Plan

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 0 The City shall provide an Internal Revenue Code Section 125 employee plan that allows employees to use pre-ta x salary to pay for regular child care, adult dependent care and/or unrei mbursed medical expenses as determin ed by the Internal Revenue Code.

C. Life Insurance
The City will provide fifty thousand dollars ($50,000) term lif e insurance and fifty thousand dollars ($50,000) accidental death and dismemberment i nsurance without evidence of insurability o ther than evidence of working full time. An additional ten thousand dollars ($10,000) of life insurance may be purchased, at the employee’s cost, with evidence of insurability.

D. City Contribution Towards Long-Term Disability (LTD) Insuran ce and Long-Term Care (LTC) Program
The City authorizes the Association to enroll in the Long-Term Disability (LTD) Insurance Program and the Long-Te rm Care (LTC) Program provided to the Huntington Beach Police Officers’ Association (HBPOA).

1. The City shall pay the HBPOA on the Association’s behalf the cost of LTD premiums not to exceed thirty-e ight dollars ($38.00) per month per covered members of the PMA.

2. The City shall pay the HBPOA on the Association’s behalf the cost of LTC premiums not to exceed twenty-fi ve dollars ($25.00) per month p er covered members of the PMA.

3. The City and the Association ag ree that the City shall no longe r provide LTD insurance coverage to Associati on members. Employee coverage u nder the City’s sponsored program was terminated July 31, 2006.

4. The City and the Association ag ree that HBPOA contracts with an authorized LTD and LTC provider and that t he City is not responsible for p aying the cost of premiums and any expenses incurred for administering both programs.

5. The City and the Association agree that the PMA coverage for LTD insurance and LTC is authorized under the same existing conditions under which the HBPOA is authorized by the City to provide such coverage to its members. The City and the Association agree that in the event the HBPOA does not meet its obligation and reporting requirements to the City for PMA members, the City’s contribution amounts of thirty- eight dollars ($38.00) and/or tw enty-five dollars ($25.00) may cease without retroactive payments.

6. The Association agrees that it will indemnify and hold harml ess the City as well as all direct or indirect successo rs, officers, directors, heir s, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and aga inst any claims, lawsuits, penalties,

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 1 interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance and LTC programs.

E. Employee Welfare Benefit Trust Fund
The City authorizes the HBPMA to participate in an employee wel fare medical benefit trust fund program, called that P ORAC Retiree Medical Trust, pr oviding the following conditions are adhered to:

1. The City and HBPMA agree that the City shall not provide any contribution to the program.

2. The City shall withhold $100.00 monthly for each represented employee.

Thereafter, said withholding sh all be in an amount as designate d by the HBPMA. Deductions shall be taken on the first two checks of each month.

3. HBPMA shall pay all associated expenses incurred for partici pation in the program.

4. Upon request, the H BPMA shall provide documentation to the City as follows:

a. A copy of the in-force emplo yee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBPMA represented employees only;
c. A copy of the current program document as well as any change s of amendments, or written confirma tion that there have been no cha nges as employee medical welfare benefit trust fund program provider; d. Verification of the funds subm itted to the PORAC Retiree Medical Trust by the HBPMA, and
e. A statement certifying that the submitted funds are only bei ng utilized to provide employee welfare medical benefit trust funds for partic ipating members including members of the HBPMA.

5. City shall submit the withheld funds to the PORAC Retiree Me dical Trust bi-weekly.

6. All Federal and State laws r egarding employee medical welfar e benefit trust funds coverage shall be followed.

7. HBPMA agrees that it will i ndemnify and hold harmless the Ci ty as well as all direct or indirect successors, of ficers, directors, heirs, pred ecessors, assigns, agents, insurers, employees, atto rneys, representatives, and ea ch of them,

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 2 past and present, from and against any claims, lawsuits, penalt ies, interest, taxes, or liability of any kind whatsoever, which may result fr om the qualified employee welfare benefit trust fund program.

ARTICLE VI -- BEREAVEMENT LEAVE

Employees shall be entitled to b ereavement leave not to exceed three (3) working days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brot her, spouse, registered domestic partner, c hildren, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mothe r-in-law, father-in-law, son-in -law, daughter-in-law, brother-in-law, sister-in-law, st epchildren, or wards of which the employee is the legal guardian.

In addition to the above, if an employee (who has been with the City for at least thirty (30) days) exhausts their paid bereave ment leave, they are entitled t o u s e u p t o t w o ( 2 ) additional days of bereavement leave for the death of a family member as defined above.

This leave must be used within three (3) months from the date of death. Although this is not City-paid leave, employees may use any accrued paid leave that is otherwise available to the employee for this purpose.

ARTICLE VII -- ADDITIONAL MANAGEMENT BENEFITS

A. Take Home Vehicle Use

1. Employees must reside within thirty-five (35) miles of the City limits in order to be assigned a take home City vehicle. An employee assigned an unmarked vehicle is required to be able to report directly to work or an y emergency situation, at any time, at the direction of the Chief of Police or his delegate. Use of an unmarked vehicle for more than minimal personal use is not authorized.

B. Bilingual Pay
Qualified employees who meet the criteria shall receive five percent (5%) of their base monthly rate of pay for bilingual skills paid on a bi-week ly basis. Human Resources will have written and oral tests designed and adminis tered to test for qualifications. The qualificatio ns will cover the more routine foreign language requirements in filling out crime reports, interviewing suspects and witnesses, and responding to the public on matters relating to an incident or other police action.

1. The languages included will be S panish, Vietnamese and Ameri can Sign Language. Additional languages may be approved at the discretion of the Chief of Police.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 3

2. Authorization of qualified employees for bilingual compensat ion will be based on the following:

a. A need for the employee to use the language in the City to s upport the implementation of police operations.

b. At the discretion of the Chie f of Police, the number of empl oyees qualified in each category may be limited based on department needs.

3. Successful completion of tests authorized by the Chief of Police will be required to qualify for bilingual pay for any of the languages. Retesting may be done on an annual basis. The City reserves the right to re-test at the Chief of Police’s discretion, no more frequently than once every twelve (12) months.

C. Uniform Allowance

1. The City shall continue the Un iform Allowance in lieu of the City providing uniforms for employees.

The uniform allowance is one thousand two hundred and seventy -five dollars ($1,275) per year for all employees and shall be paid in Decemb er o n a separate payroll check.

Employees hired after January 1st shall have their uniform al lowance pro-rated for each month in which they were on active duty for at least one full shift. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and cl othing worn in the line of duty. The City will c ontinue to make initial issua nce of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law; City resolution or ordinance, or by order of the Chief of Police.

2. To the extent permitted by law, tT he City shall report (for classic members) to the CalPERS the uniform allowanc e paid as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5).

a. Employees subject to PEPRA will have uniform allowance paid and will be subject to Government Code Section 7522.34(C)7 related to the treatment thereof regarding pensionable compensation.

D. Meal and Mileage Allowance

1. Per Diem
Employees shall be entitled to per diem under the following circumstances:

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 4 a. Personnel with prior knowl edge and approval of their supervi sor and on work assignments, or attending meetings or training in excess of a twenty- five (25) mile radius beyond their normal work station, and whi ch extends more than one (1) hour beyond their normal hours or require lodging.

b. Meeting or training assignment s, which include a meal, will be reimbursed at the actual cost of the meeti ng or meal, not to exceed the pr orated per diem schedule.

c. Meal expenses other than list ed above may be considered for reimbursement (receipts required) by the Division Commander.

d. Receipts are not requi red other than noted above.

2. Per Diem Schedule
The General Services Administr ation (GSA) establishes per diem rates.

Employees may be reimbursed for meals in amounts that do not ex ceed the breakdown per meal as established at www.gsa.gov/mie.

E. Mileage Allowance
The City shall reimburse employ ees for the use of personal aut omobiles at the existing IRS reimbursable rate.

The parties agree to follow Policy AR 301 addressing meal and mileage allowance and incorporate it by reference in this MOU.

F.E. Effective Date of Additional Management Benefits
All additional managem ent benefits shall be effective the first full pay period following certification and verification as approved by the Chi ef of Police or designee. It is agreed that any PERSable benefits shall be reported to CalPERS; however, the treatment of any s pecial pay under this provision as “pensionable compensation” shall be subject to CalPERS regulations. Where there is any conflict between the City’s treatment of any special pay and CalPERS, CalPERS’ determination shall prevail.

ARTICLE VIII – CONTROLLED SUBSTANCE AND ALCOHOL TESTING

The City maintains the right to conduct a controlled substance and alcohol test during working hours of any employee that it reasonably suspects is un der the influence of alcohol or a controlled substance in the workplace, consistent with department policy.

ARTICLE IX– LEAVE BENEFITS

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 5 A. Anniversary Date
For the purpose of computing vaca tion, an employee's anniversar y date shall be the most recent date on which they commenced full-time City employment.

B. General Leave:

1. Purpose – The purpose of annual General Leave is to provide a rest period, which will enable each employee to return to work physically an d mentally refreshed, as well as for an ill ness or injury of the employee not otherwise covered under other provisions of law (e.g., Labor Code 4850, w orkers’ compensation laws, etc.).

2. Anniversary Date – For the purpose of computing General Leav e, an employee’s anniversary date sha ll be the most recent date on wh ich they commenced full-time City employment, unless otherwise provided in writing by agreement between the City and the employee upon initial hire or re-hire.

3. Annual General Leave Eligibility – All em ployees shall be en titled to use annual General Leave with pay except the following:

a. Employees who have not completed six (6) months of continuou s service with the City. However, employees with less than six ( 6) months of continuous service may, after 90 days, use up to 24 hours of General Leave for the purpose of an injury to or illness of themselves.

b. Employees who work less than full-time who are not
permanent. However, employees who do not work full-time and ar e not permanent may, after 90 days, use up to 24 hours of General Leave for the purpose of illness, injury, or family sickness.

c. Employees on leave of absence.

4. General Leave Accrual – Employees in the City’s service, hav ing an average work week of forty (40) hours, shall accrue annual General Leave with pay in accordance with the following:

a. For the first (1st) through t he fourth (4th) year of continu ous service, General Leave shall be accrued at the rate of one hundred and seventy six (176) hours per year (6.77 hours biweekly).

b. For the fifth year (5th) and through the ninth (9th) year of continuous service, General Leave shall be accrued at the rate of two hund red (200) hours per year (7.69 hours biweekly).

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 6 c. For the tenth (10th) year and through the fourteenth (14th) year of continuous service, General Leave shall be accrued at the rate of two hundred and twenty four (224) hours per year (8.62 hours biweekly)

d. For the fifteenth (15th) year and thereafter of continuous s ervice, General Leave shall be accrued at the rate of two hundred and f ifty six (256) hours per year (9.85 hours biweekly).

Table 4. PMA General Leave Annual Accrual Schedule
Years of Service General Leave Accrual
First through Fourth Year 176 Hours
Fifth through Ninth Year 200 Hours
Tenth through Fourteenth Year 224 Hours
Fifteenth Year and Thereafter 256 Hours

In computing eligibility for c ontinuous service, for sworn law enforcement members of the unit, it shall include sworn law enforcement service at another law enforcement agency.

5. Use of General Leave:

a. No employee shall be permitted to use General Leave in exces s of actual time earned and General Leave shall not be accrued in excess of six hundred and forty (640) hours. General Leave use for vacations shall be taken only with permission of the Chief of Police (or their designee); however, the Chief of Police shall schedule all vaca tions with due consideration for the wishes of the employee and parti cular regard for the needs of the department. If used as sick leave, employees must call in prior to their shift and provide a supervisor with notice that they are using General Leave due to illness or injury.

b. General Leave accumulated in excess of the six hundred and f orty (640) hour cap shall be paid at the base hourly rate of pay on the first payday following such accumulation.

6. General Leave Conversion to Pay During Employment – On or be fore the beginning of the pay period which includes December 15 of each calendar year beginning in December 2021 , an employee may make an irrevocable election to cash out up to one hundred and twenty (120) hours o f accrued General Leave which will be earned in the following calendar ye ar at the employee’s base rate of pay. The employee can elect to receive pay up to sixty (60) hours of General Leave in the pay period that includes July 15. The employee shall receive any remaining General Leave cash out to which they irrevocably elected to cash out in the pay period that includes December

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 7

1. However, if the employee’s General Leave balance is less t han the amount the employee elected to cash out (in the prior calendar year), the employee will receive pay for the amount of leave the employee has accrued at the time of the cash out.

7. Transfer of the Value of G eneral Leave at Separation – At th e time of separation, the value of any unused earned General Leave (earned up to the last day of employment) will be transferred to either the emplo yee’s deferred compensation account (up to the maximum permitted by law) or to the qualified medical retirement tru st program on a pre-tax basis. The value of the each hour of General Leave will be the employee’s base rate of pay at separation. The employee must mak e the election for the transf er (either deferred compensation or the qualif ied medical retirement trust program) no later than the pay period prior to the employee’s last day of e mployment. If no election is made, all unused earned General Leave will be tr ansferred to the qualified medical retirement trust program upon separation. If the employee elects to place some of the General Leave into their d eferred compensation account or reaches the maximum annual deferral int o their deferred compensation account, t he remaining amount will be tra nsferred to the qualified medical retirement trust program.

C. Police Lieutenant Sick Leave (Probationary Period)
For employees promoted prior to the City Council’s approval of this 2021-23 MOU, effective from the date of appointment to the rank of Police Lieutenant until the last day of the pay period in which the employee completes a one (1) calendar year probationary period, the employee shall be eligible to receive a maximum of sixty (60) calendar days paid sick leave per incident or illness. Th is leave does not accrue or accumulate beyond the one (1) year period. This prob ationary period Sick Leave may not be cashed out or used after completion of th e one (1) year probationary period. Any employees hired or promoted to Lieutenant after the City Council’s approval of this MOU do not qualify for this sick lea ve. This paragraph shall sunset when the two Lieutenants on probation at the time of the City Council approval of this 2021-23 MOU complete their probationary period.

D.C. Leave Benefit Entitlements
The City will provide family and medical care leave for eligible employees that meet all requirements of State and F ederal law. Rights and obligati ons are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment a nd Housing Commission implementing the California Family Rights Act (CFRA).

The City shall comply with a ll State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use earned Si ck Leave, General Leave, and/or Exempt Com pensatory Time for serious and non-serious family or personal health issues.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 8

E.D. Voluntary Catastrophic Leave Donation Program
Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit D of this MOU.

ARTICLE X -- SICK LEAVE PAY OUT

A. Employees who still have previously earned sick leave shall be entitled to the following Sick Leave cash out plan:

Upon termination, all employees shall be paid at their then c urrent base rate of pay, for twenty-five percent (25%) of unused, earned Sick Leave to four hundred eighty hours (480) hours accrued, and for thirty-five percent ( 35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720) hours.

B. No employee shall be paid at t ermination for more than seven hundred twenty (720) hours of unused, accumulated sick leave.

ARTICLE XI -- HOLIDAYS

A. City Paid Holidays
The City shall provide the following paid holidays in a calendar year:

1. New Year's Day (January 1)

2. Martin Luther King Day (third Monday in January)

3. Washington's Birthday (third Monday in February)

4. Memorial Day (la st Monday in May)

5. Independence Day (July 4)

6. Labor Day (first Monday in September)

7. Veteran's Day (November 11)

8. Thanksgiving Day (four th Thursday in November)

9. The Friday after Thanksgiving

10. Christmas Day (December 25)

Any day declared by the President of the United States to be a national holiday, or the Governor of the State of Ca lifornia to be a state holiday a nd adopted as an employee holiday by the City Council of the City of Huntington Beach.

B. Holiday Compensation – Effect ive Until December 31, 2021 Compensation for holidays shall be provided as follows (see examples):

1. Employees shall be compensated for the date of the actual ho liday when the holiday does not fall on the day recognized by the City.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 9

2. If the holiday designated abov e falls on an employee's regul arly scheduled workday, the employee will receive the day off and receive pay for their regularly scheduled workday.

Example:

Work Work Work Holiday = Work 30 hours & compensated for 40

10 10 10 10

3. If the holiday designated abov e falls on an employee's regul arly scheduled day off, the employee will be compensated with eight (8) hours of Exempt Compensatory Time or the employee may elect to receive eight (8 ) hours of pay.

Example:

Work Work Work Work Holiday = Work 40 hours & compensated f o r 4 8
10 10 10 10 8

4. Employees who are required to work on an actual holiday desi gnated above shall be compensated at the rate of one and one-half (1 ½) hour s for each hour worked in the form of pay o r Exempt Compensatory Time in a ddition to B2 or B3 above.

Example if Holiday falls on scheduled day off:

Work Work Work Work Work the Holiday = Work 40 hours & c o m pensated for 63

10 10 10 10 10 @ 1. 5 = 15 hrs + 8 (Holiday)

Example if Holiday falls on scheduled workday:

Work Work Work Work the Holiday = Work 40 hours & c o m pensated for 53

10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday)

C. All holiday pay shall be reported as Shift Differential Pay when required in accordance with CALPERS law. Hol iday Shift Differential Pay is available to all members of the HBPMA that are required to work a recognized holiday.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 0

1. The parties agree, to the extent permitted by law, the compe nsation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Shift Differential.

These subsections B and C shall sunset on December 31, 2021 and subsection D below shall apply on January 1, 2022.

D. Holiday in Lieu Pay – Effective January 1, 2022
Employees earn holiday in lieu pay. This means that employees shall be required to work on all holidays unless they use another form of leave (e.g., General Leave) to take the day off on a holiday. Employees shall be paid each biweekly payroll one twenty-sixth (1/26) of the total one hundred and twenty (12 0) holiday hours earned for the year.

Employees who are required to wor k on a recognized City holiday shall receive Holiday Pay in addition to the Holiday In-Lieu Pay set forth ab ove equal to fifty percent (50%) of their regular rat e of pay for all time actuall y worked from 12:00 a.m. through 11:59 p.m. on the recognized holiday.

The parties agree, to the extent permitted by law, the compensation in this section is special compensation and sha ll be reported as such pursuant to Title 2 CCR, Section 571(a)(5) and Section 571.1(b)(4) Holiday Pay.

ARTICLE XII – WORK SCHEDULE/ EXEMPT COMPENSATORY TIME

AND EXECUTIVE LEAVE

A. Work Schedule

1. 4-10 Plan
Unless designated elsewhere, unit employees are entitled to wor k four (4) consecutive days per week, ten (10) hours each day, meal times to be included during the ten (10) hour shift, with three (3) consecutive days off.

2. 7-11.5 Plan
The “7-11.5” work schedule will be implemented for designated employees of the Patrol Bureau only and shall consist of a fourteen (14) day work period.

a. Workday
A workday for employees assigned to the 7-11.5 work schedule will consist of eleven (11) hours and twenty-five (25) minutes of work, meal times to be included in the shift.

b. Work Period

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 1 For those employees working elev en (11) hours and twenty-five ( 25) minutes a day, the “work period” will consist of two (2) consec utive weeks with three (3) consecutive shifts of eleven (11) hours and twen ty-five (25) minutes in one (1) week and four (4) consecutive shifts of eleven (11) hours and twenty-five (25) minutes in the second week. The total hours of these two (2) consecutive weeks shall be considered equaling eighty (80) hours.

The two (2) week cycle then repeats itself.

B. Deductions from Pay, Exempt C ompensatory Time and Executive Leave Employees are considered ‘exempt’ as defined by the Fair Labor Standards Act (FLSA) as such, deductions from pay may be limited in certain c ircumstances.

However, deductions from pay may be provided in 29.C.F.R. 541.602(b) including unpaid disciplinary suspensions of one or more full days imposed in good faith for violating workplace conduct rules. Such suspension shall be ma de pursuant to written policy applicable to all employees.

An employee is eligible for Exempt Compensatory Time as follows:

1. When such employees are required to fill a full, or partial work shift that is not part of the employee's regular work schedule. Partial shift shall mean five (5) hours or more of a work shift. In such an instance, the employ ee may be compensated at the rate of one and one-half (1 ½) hours for eac h hour worked in the form of pay or Exempt Compensatory Time (i.e. non FLSA Exempt Compensatory Time). Such time shall not accrue in exces s of one hundred sixty (160) hours.

2. Cash Out of Compensatory Time Off - Twice each year, employees may, at their option, be paid for their compensatory time off. Payment when requested under this section shall be at the employee’s regular rate of pay in effect at the time the request is made.

On or before the beginning of the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out accrued compensatory time off which wi ll be earned in the following cal endar year. The employee can elect to receive cash for their accrued compensatory time off up to two times per calendar year, and in a cumulative amount not to exceed the number of hours the employee irrevocably elected to cash out in the prior year. However, if the employee’s compensatory time off leave balance in the pay period containing December 15th is less than (the balance of) the total amount the employee elected to cash out (in the prior calendar year) the employee will rece ive cash for the amount of leave the employee has accrued at the time of the cas h out.

Compensatory time off which is cashed out will be paid at the employee’s regular rate of pay.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 2 C. Executive Leave
Employees are entitled to seventy (70) hours of Executive Leave per calendar year. Unused Executive Leave shall not carry over to the next calendar year.

ARTICLE XIII -- SPECIAL PAY

A. Advanced POST Certificate – Effective on the first day of the pay period including July 1, 2021 – Upon verification of having earned an Advanced POST Certificate, effective June 24, 2023, an employee shall be paid eight six percent (86%) of their base hourly rate of pay.

The parties agree, to the extent permitted by law, the compensation in this section is special compensation and sha ll be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Peace Officer Standar d Training (POST) Certificate Pay.

B. Educational Incentive Pay – Effective on the first day o f the pay period including July 1, 2021 – Upon earning a BA/BS Degree, an employee shall be paid six percent (6%) of their base hourly rate of pay.

The parties agree, to the extent permitted by law, the compensation in this section is special compensation and sha ll be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Educational Incentive Pay.

C. Executive Development Incentive Program: Executive Development An employee who completes one of the following shall receive fi ve percent (5%) of their base hourly rate of pay:

1. The FBI National Academy; or

2. The POST Command College; or

3. The California Police Chief’s Executive Leadership Institute at Drucker School of Management AND possession of a Master’s Degree AND tw o (2) years’ management experience; or

2.4. Any member having a minimum of two years’ experience in the pos ition of Lieutenant and/or Captain who hav e attained a Master’s degree a nd complete a department-approved leadership course.

In the event that one of the executive development programs becomes unavailable to the Association, or new program(s) becomes available, the Ci ty and the Association agree the Chief of Police will substitute/add an appropriate program(s).

The parties agree, to the extent permitted by law, the compensation in this section is special compensation and sha ll be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Educational Incentive Pay.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 3

D. Longevity Pay:

1. Members of this unit with a m inimum of 3 years tenure as a s worn employee with the Huntington Beach Poli ce Department immediately precedi ng the appointment to a PMA position and with 10+ years of sworn law enforcement experience, but fewer than 20 year s of sworn law enforcement ex perience shall receive a total of five percent (5%) longevity pay.

2. Effective June 24, 2023, Mm embers of this unit with a minimum of 3 years tenure as a sworn employee with the Huntington Beach Police Dep artment immediately preceding the appointment to a PMA position and with 20+ years of sworn law enforcement experience shall receive a total of sixteeneleven percent (161%) longevity pay.

i. There shall be no pyramiding of this special pay. Unit membe rs may only receive one (1) longevity pay under this provision, either five percent (5%) or eleven sixteen percent (161%), but not both.

3. Only sworn law enforcement exp erience as defined by California Penal Code Sections 830.1 and 830.2 or the out-of-state equivalent as determined by the Chief of Police shall be inclu ded as qualified sworn law enforc ement experience in the calculation of longevity.

4. The parties agree, to the extent permitted by law, the compe nsation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) and Section 571.1(b)(1) Longevity Pay.

E.D. Acting Assignment:

1. When a member of this unit in the classification of Lieutenant is assigned by the Chief of Police to work as Captain in a position of higher classification or pay range for a continuous period of twenty eight (28) or more calendar days, they shall retroactively be compensated “acting” pay in the amount of ten percent ( 10%) for all time worked in the acting assignmentassignment, beginning from the first day assigned. The assigned employee must submit a memorandum to the Chief of Police indicating the date of assign ment and hours assigned before compensati on can be paid.additional actin g pay shall become effective upon the determination by the Police Chief.

2. When a member of this unit in the classification of Captain is assigned by the Chief of Police or the City Mana ger to work as the acting or in terim Chief of Police for a continuous period of twenty eight (28) or more calendar days, they shall be compensated “acting” pay in the amount of 10% for all time worked in the acting assignment. The additional acting pay shall become effective upon the determination by the Police Chief or City Manager.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 4

2. Nothing in this section shall limit the Chief of Police, to assign employees temporarily to a position of higher classification for a period of less than twenty- eight (28) days for operational needs.

3. The parties agree, to the extent permitted by law, the compe nsation in this section is special compensation for classic members and shall be reported as such pursuant to Title 2 CCR 571 (a) 3 Temporary Upgrade Pay.

The treatment of any special pay under this provision as “pensi onable compensation” shall be subject to CalPERS regulations. Where there is any conflict between the City’s treatment of any special pay and CalPERS, CalPERS’ determination shall prevail.

ARTICLE XIV-- MANAGEMENT RIGHTS

The City and the Chief of Police retain all rights, powers and authority to manage and direct the performance of police services and the workforce, ex cept as modified by the Memorandum of Understanding.

Nothing herein shall change the City's obligation to meet and c onfer as to the effects of any such management decision upon wages, hours and terms and co nditions of employment or be construed as granting the City or the Chief of Police the right to make unilateral changes in wages, hours and terms and conditions of employment.

The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization o f police services, staffing requirements, extra duty assi gnments, number and location of w ork stations, nature of work to be performed, contracting for any work or operation, re asonable employee performance standards, reasonable work and safety rules and regulations.

ARTICLE XV– MISCELLANEOUS PROVISIONS

A. Employer-Employee Relations Resolution (EERR)

1. The following amendments to the EERR shall apply:

a. Modification of Section 7 – Decertification and Modification i. The City and the Association de sire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of their own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective un til expiration of the MOU, except a s may be determined by the Perso nnel Commission pursuant to the proc edures outlined below. This prov ision

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 5 shall modify and supersede the ti me limits, where inconsistent, contained in Section 7 of the curr ent Employer-Employee Relatio ns Resolution of the City of Huntington Beach.

ii. The City and the Association have agreed to a procedure whe reby the City, by and through the Human Re sources Director, would be ent itled to propose a Unit Modification. The Association and the City ag ree to jointly recommend a modification of the City of Huntington Beac h Employer-Employee Relations Resol ution (Resolution Number 3335) upon the City’s having completed its obligation to meet and con fer on this issue with all other bargaining units.

iii. 7-3 Human Resources Director’s Motion of Unit Modificatio n – The Human Resources Director may pr opose during the same period for filing a Petition for Decertification that an established unit be modified in accordance with the following procedure:

iv. The Human Resources Directo r shall give written notice of the proposed Unit Modification to all employee organizations that may be aff ected by the proposed change. Said written notification shall contain the Human Resources Director’s rationale for the proposed change includin g all information which justifies t he change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Director shall provide all affected employee organizations with all corre spondence, memoranda, and other documents, which relate to any input regarding the Unit Modific ation which may have been received by the City or from affected emplo yees and/or sent by the City to affected employees;

v. Following receipt of the Hum an Resources Director’s Proposal for Unit Modification any affected employee organization shall be afford ed not less than thirty (30) days to receive input from its members re garding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission;

vi. The Personnel Commission shall conduct a noticed Public Hea ring regarding the Motion for Unit Modification at which time all af fected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a- granting of the motion, a denying of the motion, or other appropriate or ders relating to the appropriate creatio n of Bargaining Units. Foll owing the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations;

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 6 vii. Any party who chooses to appeal the decision of the Person nel Commission is entitled to appeal in accordance with the provisi on of Section 14-4 of Resolution Number 3335.

2. During the term of this M OU, the City and the Association agree to update the Employer-Employee Relations Resolution to reflect current State law.

B. Weapons Vesting
Employees assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, they shall be fully vested with ownership.

C. Association Business
An allowance of fifty (50) hours per year shall be establishe d for the purpose of allowing authorized repr esentatives of the Association to repre sent members in their employment relations.

D. Collection of Payroll Over Payments
In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee coul d have reasonably known about such over payment, the City will take action to collect from the employee the amount of over payment(s). Such collection sha ll be processed by payroll dedu ction over a reasonable period of time considering the total amount of over payment.

In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from t he employee shall be communic ated upon employment separation if the last payroll check does not suffic iently cover the amount due the City.

It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation over payments caused by or the result of misinterpretation of a pay provision by non-authorized pers onnel. The interpretation of a l l p a y p ro v i si o n s shall be administered by the City Administrator or designee and as adopted by the City Council. Unauthorized compens ation payments shall not con stitute a past practice.

E. Direct Deposit
All employees are required to u tilize direct deposit of payroll checks.

F. Administrative Appeal Procedure

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 7 In compliance with Government Code 3304(b), the Administrative Appeal Procedure for all Public Safety Officers is referenced in Exhibit C of this MOU.

G. Grievance Hearing Cost Sharing
Grievance hearing costs shall be paid equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to pay any part of the grievance hearing costs.

H. Alternative Dispute Resolution Agreement
The ADR agreement between the City and PMA as executed on March 7, 2013, is herein referenced as Exhibit E.

ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING (MOU)

This MOU shall be in effect for a term commencing on July 1, 20 231 through JuneDecember 3 01, 202 63. Except as expressly provided herein, no further improvements or changes in the sa laries and monetary benefits o f the employees shall take effect during the term of this Agreement unless agreed upo n by the City and the Association.

It is understood that the parties may agree to meet and confer regarding non-monetary matters such as Personnel Rule changes. Any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement.

This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditi ons of employment of employee s covered hereunder for the term hereof.

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 8 ARTICLE XVII – CITY COUNCIL APPROVAL

IN WITNESS WHEREOF, the parties hereto have executed this Memor andum of Understanding this ____ day of ____________, 20231

CITY OF HUNTINGTON BEACH HUNTINGTON BEACH

POLICE MANAGEMENT ASSOCIATION
By: By:

Oliver ChiAl Zelinka
City Manager Kevin Johnson
PMA President
By:

By:

Travis Hopkins
Assistant City Manager Brian SmithBo Svendsbo
PMA Vice President
By:

Brittany MelloTheresa St. Peter
Interim Administrative Services Director
Interim Human Resources Director

APPROVED AS TO FORM:

By:

Michael E. Gates
City Attorney

POLICE MANAGEMENT ASSOCIATION

PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 9

LIST OF EXHIBITS

EXHIBIT A SALARY SCHEDULE

EXHIBIT B SERVICE CREDIT SUBSIDY PLAN

EXHIBIT C ADMINISTRATI VE APPEAL PROCEDURE

EXHIBIT D VOLUNTARY CATASTRO PHIC LEAVE DONATION PROGRAM

EXHIBIT E ALTERNATIVE DISP UTE RESOLUTION AGREEMENT

POLICE MANAGEMENT ASSOCIATION
EXHIBIT A – SALARY SCHEDULE

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 0

Effective the Beginning of the Pay Period Including July 1, 2021

Job No Job Description Range A B C D E F G
234 Police Lieutenant 237 58.63 61.56 64.64 67.87 71.27 74.83 78.57 233 Police Captain 250 66.73 70.06 73.57 77.24 81.11 85.16 89.42

Effective the
Beginning of the Pay
Period Including July
1, 2023

Job No Job
Description Range A B C D E F G
234 Police
Lieutenant 237 61.56 64.64 67.87 71.27 74.83 78.57 82.50 233 Police Captain 250 70.06 73.57 77.24 81.11 85.16 89.42 93.89

Effective the Beginning of
the Pay Period Including
July 1, 2024

Job No Job
Description Range A B C D E F G
234 Police
Lieutenant 237 64.64 67.87 71.27 74.83 78.57 82.50 86.62 233 Police Captain 250 73.57 77.24 81.11 85.16 89.42 93.89 98.59

Effective the
Beginning of the Pay
Period Including July
1, 2025

Job No Job
Description Range A B C D E F G
234 Police
Lieutenant 237 67.87 71.27 74.83 78.57 82.50 86.62 90.95 233 Police Captain 250 77.24 81.11 85.16 89.42 93.89 98.59 103.51

POLICE MANAGEMENT ASSOCIATION
EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 1 An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance.

Plan Participation Requirements

1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and

2. At the time of retirement, the employee is employed by the City; and

3. Following official separati on from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System (CalPERS).

The City’s obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lif etime of the retiree upon the o ccurrence of any one of the following:

a. On the first of the month in which a retiree or dependent reaches age sixty-five (65) or on the date the retir ee or dependent can first apply an d become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay Service Credit Subsidy may be adjusted downward or eliminated.

b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employ ee was eligible for at the time of their death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death.

4. Minimum Eligibi lity for Benefits
With the exception of an industr ial disability retirement, elig ibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of Huntington Beach. Said se rvice must be continuous unless prior service is reinstated at the time of th eir rehire in accordance with the City’s Personnel Rules.

To receive the Service Credit Subsidy, retirees are required to purchase medical insurance from City sponsored pl ans. The City shall have the r ight to require any retiree (annuitant) to annually certify that the retiree is pur chasing medical insurance benefits.

POLICE MANAGEMENT ASSOCIATION
EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 2

5. Disability Retirees
Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of one hundred twenty dollars ($120). Payments shall be in accordance with th e stipulations and conditions, which exist for all retirees.

6. Service Credit Subsidy
Payment shall not exceed the dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance.

7. Maximum Monthly Servic e Credit Subsidy Payments
All retirees, including those retired as a result of disabilit y whose number of years of service prior to retirement exceeds ten (10), continuous years of regular (permanent) service, shall be entitled to maximum monthly Service Credit Su bsidy by the City for each year of completed City service as follows:

Maximum Service Credit Subsidy Retirements After:

Years of Service
Service Credit
Subsidy
10 $121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344

The Service Credit Subsidy will be reduced every January 1 st by an amount equal to
any required amount to be paid by the City on behalf of the retiree (annuitant). Article IV.A.4.a. provides an example of expected reductions per retiree per month.

POLICE MANAGEMENT ASSOCIATION
EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 3

8. Medicare:

a. All persons are eligible for Medicare coverage at age sixty- five (65). Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eli gible for Medicare at age sixty-five (65), but will have to pay for Part A of Medicar e if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare.

b. When a retiree and their spous e are both sixty-five (65) or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsid y shall pay for Part A for each of them or the maximum subsidy, whichever is less.

c. When a retiree at age sixty-five (65) is eligible for paid P art A of Medicare and their spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and their spouse who is also age sixty-five (65) is el igible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only.

9. Cancellation:

a. For retirees/dependents elig ible for paid Part A of Medic are, the following cancellation provisions apply:

i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age sixty- five (65).

ii. At age sixty-five (65) retirees are eligible to make applic ation for Medicare.

Upon being considered “eligible to make application,” whether or not application has been made for Medicare, the Service Credit Subsidy Plan will be eliminated.

POLICE MANAGEMENT ASSOCIATION
EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 4

1. Authority

a. Personnel Rule 20 of the ex isting City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 20 applies to all permanent City employees.

b. Government Code Section 3304( b) allows that an appeal proced ure be made available to all “Public Safety Officers” (as defined at Govern ment Code § 3301) for the following “punitive actions:” (i) official reprimands; (ii) punitive transfers that do not involve a loss of pay, and (iii) non-punitive transfers that does result in a loss of pay. Such actions will be collectively referred to as an “Action.” Case law allows such an appeal procedure to be more limited than afforded under Rule 20.

c. This administrative appeal pro cedure is intended to establis h the Administrative Arbitration Panel to hear appeals from Public Safety Officers. This administrative appeal procedure only applies to an “Action” as defined above i n “b.” It does not apply to a non-punitive transfer imposed on a Public Safety Off icer that does not result in a loss of pay. (Government Code §3304(b).

2. Administrative Arbitration Panel

a. Appeals will be heard by a neut ral fact finding group of three (3) City employees.

b. Only active full-time employ ees of the City of Huntington Beach Police Department may serve on the Administrative Arbitration Panel. The Panel is comprised of one (1) employee selected by the Association one (1) employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two (2) Panel members. If no agreement can be reached, the “strike-out” process will be used to select the third Panel member, with the Associa tion and the Chief each submitting four (4) names f or consideration. A coin toss will determine the party striking first with the Association reserving the right to call the coin or defer.

c. The panel member selected by t he Chief of Police, the Association and the panel member selected by the Chief of Police and the Association shall each select one (1) alternate to the Panel to serve in place of a Panel member who has direct involvement in the punitive action or is a party to the issue.

d. A Panel member will serve one (1) year.

e. If the Panel member selected to serve on an Administrative A rbitration Panel has direct involvement in the puniti ve action or is a party to the issue, they will be replaced by the alternate.

POLICE MANAGEMENT ASSOCIATION
EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 5

3. Appeal Notice

a. An appealing Officer has five (5) calendar days from date of receipt of an “Action” to file a written appeal with the Chief of Police; otherwise, the “Action” shall stand as issued with no further rights to appeal.

b. If an Officer chooses not to appeal an “Action,” they may su bmit a written rebuttal within thirty (30) days from date of receiving the “Action.” The written rebuttal will be filed with the “Action” in the Officer’s official personnel file.

4. Scheduling of Hearing

Upon receipt of the written appeal notice, the Chief of Police is required to immediately request the Administrative Arbit ration Panel to convene for a h earing. The Administrative Arbitration Panel is required to convene within thirty (30) days of receiving notice from the Chief of Police.

5. Hearing Procedure

a. All hearings shall be closed to the public unless the discip lined Officer requests a public hearing.

b. All hearings shall be tape -recorded and may be transcribed.

c. The Administrative Arbitra tion Panel shall hear testimony f rom the appealing Officer and the Department (specifically, the Officer who investigated the conduct that led to the Written Reprimand). Testimony shall not exceed one (1) hour from each side and an additional fifteen (15) minutes shall be given to each for rebuttal.

The Department shall be heard first.

d. If an appealing Officer wishes to submit a written argument in lieu of oral testimony, the Officer may do so provided that the opposing party is notified. The written testimony may not exceed one thousand five hundred (1,500) words. The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3) days in advance of the scheduled hearing.

e. There is no right to sworn te stimony, subpoenas, cross-exami nation or representation by third parties, including attorneys, at the hearing.

f. In all “Actions” involving punitive discipline, the burden of proof shall be on the Department to show by a preponderance of the evidence that just cause exists for imposing discipline. In all non-punitive “Actions” (e.g., a non-punitive transfer that results in a loss of pay), the burden of proof shall be on the Department to show by a preponderance of the evidence that reasonable grounds exist for the transfer.

POLICE MANAGEMENT ASSOCIATION
EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 6

6. Rendering of Decision by the Ad ministrative Arbitration Panel

a. At the conclusion of the hear ing, the Administrative Arbitr ation Panel shall deliberate in closed session.

b. The decision of the Administrative Arbitration Panel is bind ing with no further rights to appeal.

c. The decision of the Administrative Arbitration Panel must be issued in writing to the appealing Officer within seven (7) calendar days from the c onclusion of the hearing.

d. The member of the Administrati ve Arbitration Panel who was s elected by the Association and the Chief of Police shall be responsible for pr eparing and distributing the decision with a copy to both parties.

e. The decision shall include the following:

 Sustained (“Action” stands)

 Not Sustained (“Action” does not stand)

f. In the event an Officer’s “Action” is Sustained, the Office r may, within five (5) calendar days from the date of the Administrative Arbitration Panel’s decision, file a written rebuttal. The writt en rebuttal will be filed with th e “Action” in the employee’s official personnel file, along with the tape recording of the hearing.

POLICE MANAGEMENT ASSOCIATION

EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 7 Voluntary Catastrophic Leave Donation Program Guidelines

1. Purpose
The purpose of the voluntary ca tastrophic leave donation progra m is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Employees who accrue Vacation, General Leave or Exempt Compensatory Time may donate such leave to another employee when a catastrophic illness or injur y befalls that employee or becau se the employee is needed to care for a seriously ill family member. The Leave Don ation Program is Citywide across all departments and is intended to provide an a dditional benefit.

Nothing in this program is intended to change current policy an d practice for use and/or accrual of Vacation, General, or Sick Leave.

2. Definitions
Catastrophic Illness or Injur y - A serious debilitating illnes s or injury, which incapacitates the employee or an employee's family member.

Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, sp ouse or domestic partner, grandchild, grandparent, sibling and in-laws).

3. Eligible Leave
Accrued Exempt Compensatory Time, Vacation, or General Leave ho urs may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours.

4. Eligibility
Permanent employees who accrue Vacation or General Leave may do nate such hours to eligible recipients. E xempt Compensatory Time accrued may also be donated. An eligible recipient is an employee who:
 Accrues Vacation or General Leave;
 Is not eligible for receiving disability benefit s or Workers' Compensation payments; and
 Requests donated leave.

5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amo unt based on the hourly wage of the donor. The do llar amount will then be conve rted into accrued hours based on the recipient’s hourly wage.

An employee needing leave will complete a Leave Request Form and submit it to the Department Director for appr oval. The Department Director will forward the

POLICE MANAGEMENT ASSOCIATION

EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 8 form to Human Resources for pr ocessing. Human Resources, worki ng with the department, will send out the request for leave donations.

Employees wanting to make donations will submit a Leave Donatio n Form to the Finance Department (payroll).

All donation forms submitted to payroll will be date stamped an d used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor.

6. Other
Please contact the Human Resour ces Department on questions rega rding staff participation in this program.

POLICE MANAGEMENT ASSOCIATION

EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM

PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 9 Please return this form to the Human Resources Office for processing.

Voluntary Catastrophic Leave Donation Program
Leave Request Form

Requestor, Please Complete

According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated Vacation, General Leave or Exempt Compensatory Time.

MY SIGNATURE CERTIFIES THAT:
 A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and
 I am not receiving disability benefits or Workers' Compensation payments.

Name: (Please Print or Type: Last, First, MI)

Work Phone:

Department:

Job Title:

Employee ID#:

Requester Signature:

Date:

Department Director Signature of Support: Date:

Human Resources Department Use Only

End donation date will bridge to:

Long Term Disability
Medical Retirement beginning
Length of FMLA leave ending
Return to work

End donation date:

Human Resources Director Signature: Date signed:

POLICE MANAGEMENT ASSOCIATION

EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM

PMA MOU July 1, 20231 through JuneDecember 301, 20263 4 0 Voluntary Catastrophic Leave Donation Program
Leave Donation Form

Donor, please complete

Donor Name: (Please Print or Type: Last, First, MI)

Work Phone:

Donor Job Title:

Type of Accrued Leave:

Vacation
Compensatory Time
General Leave

Number of Hours I wish to Donate:

H o u r s o f V a c a t i o n
H o u r s o f E x e m p t C o mpensatory Time
H o u r s o f General Leave

I understand that this voluntary donation of leave credits, onc e processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential.

I wish to donate my accrued Vacation, Exempt Compensatory Time or General Leave hours to the Leave Donation Program for:

Eligible recipient employee's name (Last, First, MI):

Donor Signature:

Date:

Please submit to Payroll in the Finance Department.

EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
PMA MOU July 1, 20231 through JuneDecember 301, 20263 4 1

LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE DISPUTE

RESOLUTION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND

THE POLICE MANAGEMENT ASSOCIATION

This Labor Management Alternate Dispute Resolution Agreement (“Agreement”) entered into by and between the City of Huntington Beach (“City”) and t he Police Management Association (“PMA”) is created pursuant to California Labor Code Section 3201.7(a)(3)(c).

Nothing in this Agreement dimin ishes the entitlement of an empl oyee to compensation payments for total or partial disability, temporary disability, or medical treatment fully paid by the employer as otherwise provided in Division 4 of the Labo r Code. Nothing in this Agreement denies to any employee the right to representation by counsel at all stages during the alternative dispute resolution process.

Article I. Purpose

The purposes of this Agreement are:

1. To provide active employees c laiming compensable injuries un der Division 4 of the California Labor Code (“Workers’ Compensation Law”) with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of this Agreement to facilitate their prompt return to work at either full duties or a transitional duty assignment;

2. To provide retirees claiming a presumptive injury as defined by California Labor Code (hereinafter “Labor Code”) se ction 3212 et seq. with an ex pedited procedure to resolve medical disputes in accordance with Article IV, Section D of the Agreement;

3. To reduce the number and severity of disputes between the Ci ty and covered employees, when those disputes relate to workers’ compensation; and

4. To provide workers’ compensat ion coverage in a way that impr oves labor management relations, improves organizational effectiveness, an d reduces costs to the City.

These purposes will be achieved by utilizing an exclusive list of medical providers to be the sole and exclusive source o f medical evaluations for disput ed issues surrounding covered employees in accordance with California Labor Code Section 3201.7©.

Now, therefore, in considerati on of the mutual terms, covenants and conditions herein, the parties agree as follows:

Article II. Term of Agreement
EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
PMA MOU July 1, 20231 through JuneDecember 301, 20263 4 2

The City and PMA enter into th is Agreement with the understandi ng that the law authorizing this Agreement is new, untested and evolving. The parties further understand that this Agreement governs a pilot program and that it will be come effective after it is executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relation s, Division of Workers’ Compen sation in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Administrative Director as evidenced by the Director’s letter t o the parties indicating approval of the Agreement. This Agreement shall be in effect for eighteen (18) months from the date of the implementation of the program. Thereafter, it shall be reviewed and, if found to be effective will continue and remain in force from year to year unless terminated by either party. Any claim arising from an indu strial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending clai m are resolved. Any medical issue resolved under this Agreement shall be final and binding.

The parties reserve the right to terminate this Agreement at an y time for good cause, by mutual agreement or by act of the legislature. The terminating party must give thirty (30) days written notice to the other party. The parties agree to meet and confer in good faith to try and resolve the issues underlying the termination during the thirty day period prior to the termination of the Agreement. Upon termination of this Agreement, the parties shall become fully subject to the provi sions of the California law to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein.

Article III. Scope of Agreement

A. This Agreement applies only to injuries, as defined by Work ers’ Compensation Law, claims by 1) active employees; 2) retirees who claim a presumptive injury as defined by California Labor Code Section 3212 et seq.; and 3) a ctive employees who file a claim and subsequently retire before the claim is resolved. Retirees who filed claims while they were active employees are covered under this Agreement only for the purposes of petitions to reopen a pre-existing cla im unless covered under A(2). This Agreement does not apply to any other retired employees. This Agreement does not cover post-retirement amendments to active claims.

B. Employees who are covered under this Agreement remain covere d during the entire period of active employment.

C. Injuries occurring and claims filed after termination of thi s Agreement are not covered by this Agreement.

D. This Agreement is restricted to establishing an exclusive list of medical providers to be used for medical dispute resolution for the above-covered e m p l o y e e s i n accordance with California Labor Code Section 3201.7(c).

Article IV. Medical Provider
EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
PMA MOU July 1, 20231 through JuneDecember 301, 20263 4 3

A. This Agreement does not consti tute a Medical Provider Netwo rk (“MPN”).

Physicians who act as a covered employee’s independent medical examiner (“IME”) under this Agreement shall not act as the same employee ’s treating physician even if the physician has been pre-designated as the employee’s treating physician, unless otherwise mut ually agreed by the parties. Pr e-designation of a physician must comply with the r equirements set forth in Labor Code section 4600(d)(1).

B. All employees with a disputed medical issue as described below in Section D must be evaluated by an approved physician from the exclusive list of approved medical providers. Said physician will serve as an IME. If the IME ne eds the opinion of a different specialist, the IME s hall refer the employee to a phy sician of the IME’s choice even if that doctor is not on the approved list. The exclusive list of approved medical providers will be est ablished when the Agreement has be en approved by all parties.

C. The exclusive lists of approv ed medical providers shall incl ude the specialties as agreed upon by the parties.

D. An IME shall be used for all medical disputes that arise in connection with a workers’ compensation claim including but not limited to determination o f causation, the nature and extent of an injury, the nature and extent of perman ent disability and apportionment, work restrictions, ability to return to work, including transitional duty, future medical care, and resolution of all disputes arising fro m utilization review, including need for spinal sur gery pursuant to Labor Code sectio n 4062(b). The parties will use the originally c hosen IME for all subsequent d isputes under this Agreement. In the event that said IME is no longer available, then the parties shall utilize the next specialist on the list pursuant to Article IV G d (below). The IME process will begin when either p arty gives the other written no tice of an objection.

Objections from the City will be sent to the employee with a copy to the employee’s legal representative if repres ented and a copy to PMA. Objecti ons from the employee or employee’s legal r epresentative will be sent to the employee’s assigned Claims Examiner with a copy to the Claims Manager. Objections will be sent within thirty days of receipt of a medical report or a utilization review decision.

A letter delaying decision of the claim automatically creates a dispute. A subsequent acceptance of the claim and/or resolution of the dis pute issue eliminates the need for completion of the dispute resolution process set forth in this Agreement.

E. The exclusive list of approved medical providers shall serve as the exclusive source of medical-legal evaluations as well as all other disputed medi cal issues arising from a claimed injury.

F. The parties hereby agree that from time to time the exclusiv e list of approved medical providers may be amended. For either party to add an IME to the exclusive list of medical providers, the party must provide notice, in writing, to the other party EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
PMA MOU July 1, 20231 through JuneDecember 301, 20263 4 4 of its intent to add a physician to the list. Absent a written objection to the other party within thirty (30) calendar days of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not be added to the list. A physician may only be deleted from the exclusive list of medical providers if they breach the terms and condi tions of the contract with th e City or by mutual agreement of the parties.

G. Appointments

a. The Claims section of the Work ers’ Compensation Division sha ll make appointment(s) with the IME withi n ten days of the date of the objection and/or notification of delay for employees covered under this Agreement. b. The employee shall be responsible for providing the Claims s taff with their work schedule prior to an appointment being made so that appointments can be made during an employee’s nonworking hours or the first or l ast hour of their workday. The amount of time allotted for hours spent at a physician’s appointment during working hours will be subject to verificatio n and will be allowed accordingly.
c. Mileage reimbursement to cove red employees shall be consistent with City policy and in accordance with Labor Code Section 4600 (e)(2) un less transportation is provided by the City.
d. For purposes of appointments, the Claims staff will select t he IME’s by starting with the first name from the exclusive list of approve d medical providers within the pertinent specialty, and continuing down the list, in order, until the list is exhausted, at which time the Claims staff wil l resume using the first name on the list.
e. The City is not liable for t he cost of any medical examination used to resolve the parties’ disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement.

Medical evaluations cannot be obt ained outside of this Agreemen t for disputes covered by this Agreement.
f. Both parties shall be bound by the opinions and recommendati on of the IME selected in accordance with the terms of this Agreement.

Article V. Discovery

A. Employees covered by this Agreement shall provide the Claims staff with fully executed medical, employment and financial releases and any other documents reasonably necessary for the City to resolve the employee’s cla im, when requested.

B. The parties agree they have me t and conferred on the languag e of the medical/financial/employment releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse impact(s) to the City EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
PMA MOU July 1, 20231 through JuneDecember 301, 20263 4 5 and/or the PMA and/or its members, then either party may request a meet and confer regarding said under delay and/or adverse impact(s). Th e parties shall meet and confer within 30 days of a party’s request to meet and confer.

C. Employees shall cooperate in providing a statement.

D. This Agreement does not precl ude a formal deposition of the applicant or the physician when necessary. Attorney’s fees for employee deposit ions shall be covered by Labor Code section 5710. There will be no attorney’ s fees for doctor’s depositions.

Article VI. General Provisions

A. The Agreement constitutes the entire understanding of the p arties and supersedes all other A greements, oral or written, with respect to the subject matter in this Agreement.

B. This Agreement shall be gover ned and construed pursuant to t he laws of the State of California.

C. This Agreement, including a ll attachments and exhibits, shall not be amended, nor any provisions waived, except in writing, signed by the par ties which expressly refers to this Agreement.

D. If any portion of this Agreement is found to be unenforceabl e or illegal the remaining portions shall remain in full force and effect.

E. Notice required under this A greement shall be provided to th e parties as follows:

F. In the event that there is any legal proceeding between the parties to enforce or interpret this Agreement or to protect or establish any righ ts or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney’s fees