CITY OF
LONG
March 7, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Department of Human Resources
411 West Ocean Boulevard, 1 O"' Floor Long Beach, CA 90802 (562) 570-6621
C-10
Adopt a Resolution approving a Letter of Agreement between the City of Long Beach and the Long Beach Police Officers Association (POA) to amend the 2022-2025 POA Memorandum of Understanding - Article Two, Section IV, Subsection B: Detective 2 pay and Appendix F: POA Skill and Other Pays - Detective 2 pay. (Citywide)
DISCUSSION
The City of Long Beach (City) plans to amend the 2022-2025 Long Beach Police Officers Association (POA) Memorandum of Understanding (MOU), Article Two, Section IV, Subsection B and Appendix F: POA Skill and Other Pays, regarding the Detective 2 pay for POA members.
On December 12, 2022, the California Public Employees' Retirement System (CalPERS) informed the City that the current language in the 2022-2025 POA Memorandum of Understanding (MOU) for the Detective 2 pay, was not reportable as special compensation to CalPERS. The City worked directly with the POA and the Long Beach Police Department to revise the language. CalPERS approved the revised language and the City intends to amend the MOU language to reflect this change for it to be considered as special compensation and reportable to CalPERS.
This matter was reviewed by Assistant City Attorney Gary J. Anderson on February 2, 2023 and by Budget Management Officer Nader Kaamoush on February 13, 2023.
TIMING CONSIDERATIONS
City Council action is requested on March 7, 2023 and is effective following adoption by the City Council.
FISCAL IMPACT
This recommendation does not impact the Fiscal Year 2023 (FY 23) Budget as the budget system calculates the PERS rate on the adjusted salary, which is inclusive of all skill pays tied to a personnel record including the Detective 2 pay. These costs were already factored into the FY 23 budget adjustment related to the negotiated cost increases approved by City Council on November 1 , 2022 and the related budget adjustments for that MOU was approved by the City Council on December 13, 2022. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no impact on local jobs associated with this recommendation.
HONORABLE MAYOR AND CITY COUNCIL
March 7, 2023
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
w1~·
JOE AMBROSINI
HUMAN RESOURCES DIRECTOR
Attachments - Resolution
A - Letter of Agreement - POA Detective 2 pay
B - POA MOU 2022-2025
APPROVED:
THOMAS B. MODICA
CITY MANAGER
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH APPROVING A LETTER OF
AGREEMENT WITH THE LONG BEACH POLICE OFFICERS
ASSOCIATION TO AMEND THE 2022-2025 POA
MEMORANDUM OF UNDERSTANDING
WHEREAS, on December 12, 2022, the California Public Employees' Retirement System ("CalPERS") informed the City of Long Beach ("City") that the current language in the 2022-2025 Police Officers Association ("POA'') Memorandum of Understanding ("MOU") for the Detective 2 pay, was not reportable as special compensation to CalPERS; and
WHEREAS, the City worked directly with the POA and the Long Beach Police Department to revise the language; and
WHEREAS, CalPERS has now approved the revised language and the City intends to amend the MOU language to reflect this change in order for it to be considered as special compensation and reportable to CalPERS;
19 NOW, THEREFORE, the City Council of the City of Long Beach resolves as 20 follows:
21 Section 1. The Letter of Agreement amending the 2022-2025 22 Memorandum of Understanding with the Long Beach Police officers Association for the 23 Detective 2 pay, is hereby authorized and approved.
24 Section 2. This resolution shall take effect immediately upon its adoption 25 by the City Council, and the City Clerk shall certify the vote adopting this resolution. 26 Ill
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1 GJA:bg A23-00292 (02-02-2023)
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1 I hereby certify that the foregoing resolution was adopted by the City Council 2 of the City of Long Beach at its meeting of ___________ , 2023, by the 3 following vote:
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GJA:bg A23-00292 (02-02-2023)
01484175.DOCX
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City Clerk
2 2023 LETTER OF AGREEMENT
BETWEEN THE CITY OF LONG BEACH AND
THE LONG BEACH POLICE OFFICERS ASSOCIATION
RE: DETECTIVE 2 PAY
Attachment A
This Letter of Agreement is entered between the City of Long Beach ("City") and the Long Beach Police Officers Association (LBPOA"), ( collectively "the Parties").
WHEREAS, the Parties have entered into a Memorandum of Understanding (MOU) covering the period of October 1, 2022 to September 30, 2025, which includes provisions for Detective 2 pay;
WHEREAS, the LBPOA MOU provision for Detective 2 pay as follows:
A. Article Two, Section VI, Subsection B: Effective October 8, 2022, Police Officer, Police Corporal, Police Sergeant, and Police Lieutenant assigned to the Homicide detail will receive Detective 2 premium paid at 12.5% of Step 5 Police Officer. This skill pay is not stackable with Detective Pay.
B. Appendix F (Detective 2 Pay): When regularly assigned to Homicide detail in the Police Department as determined by the Chief of Police.
WHEREAS, the Parties have met and discussed the modification of Article Two, Section VI, Subsection B, and Appendix F, POA Skill and Other Pays to the LBPOA MOU.
NOW THEREFORE, the Parties agree to the following:
A. Article Two, Section VI, Subsection B- Detective 2 pay: Effective October 8, 2022, Police Officer, Police Corporal, Police Sergeant, and Police Lieutenant assigned to analyze crimes while assigned to the homicide detail in the Police Department, as determined by the Chief of Police, will receive Detective 2 premium paid at 12.5% of Step 5 Police Officer. This skill pay cannot be used in conjunction with Detective pay.
B. Appendix F (Detective 2 pay description): When routinely and consistently assigned to analyze crimes while assigned to the homicide detail in the Police Department, as determined by the Chief of Police. *Cannot be used in conjunction with Detective pay.
C. This Letter of Agreement shall not change any Memorandum of Understanding (MOU) provisions other than as outlined above.
THE PARTIES AGREE TO THE ABOVE:
FOR THE LONG BEACH POLICE OFFICERS ASSOCIATION:
1/25/23
Date Rich Chambers, President, LBPOA
FOR THE CITY OF LONG BEACH:
1/25/2023
Date Daniel Menezes, Chief of Labor Relations
LBPOA 2022-2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LONG BEACH
and
THE LONG BEACH POLICE OFFICERS' ASSOCIATION
OCTOBER 1, 2022 TO SEPTEMBER 30, 2025
Attachment B
TABLE OF CONTENTS
ARTICLE ONE - MEMORANDUM OF UNDERSTANDING
Section I - Parties to Memorandum of Understanding ................................................ 1 Section II - Purpose .................................................................................................... 1 Section Ill - Recognition ................................................................................................ 1 Section IV - No Discrimination ....................................................................................... 1 Section V - Employee Organizational Rights and Responsibilities ............................... 2 A. Association Representation Responsibilities .................................... 2 B. Board Member List. ........................................................................... 2 C. Dues and Benefit Deduction Program .............................................. 2 D. Release Time .................................................................................... 2 E. Transfer of Members of the Police Officers Association Board of Directors .......................................................................................... 4 F. Addressing Squad Meetings ............................................................. 5 Section VI - City Obligations and Responsibilities ......................................................... 6 A. City Obligations ................................................................................. 6 B. Impact of City Obligations ................................................................. 8 C. Authority of Third-Party Neutral - City Obligations ........................ 8 Section VII - Intent of the Parties ................................................................................... 8
ARTICLE TWO - SALARIES AND COMPENSATION
Section I - Listing of Positions and Rates of Pay 2022-2025 ...................................... 9 Section 11 - Skill and Other Pays .................................................................................. 9 Section 111 - Marksmanship Pay .................................................................................... 9 Section IV - Field Training Officer Pay (FTO) .............................................................. 10 Section V - Corporal Pay ............................................................................................ 10 Section VI - Detective and Detective2 Pay .................................................................. 10 Section VII - Port Security Unit ..................................................................................... 11 Section VI 11 - Bilingual Pay ............................................................................................ 11 Section IX - Canine Officer Reimbursement Pay ......................................................... 11 LBPOA 2022-2025
Section X - Dive Pay .................................................................................................. 12 Section XI - SWAT Pay ................................................................................................ 12 Section XI I - Solo Patrol Premium ................................................................................ 13 Section XI 11 - Overtime .................................................................................................. 13 A. Overtime ............................................................................................. 13 B. Compensatory Time Bank (MOU) ...................................................... 13 C. Compensatory Time Gap Coverage ................................................... 14 D. Overtime (FLSA) ................................................................................. 14 Section XIV - Call Back .................................................................................................. 15 A. Court Appearance ......................................................................... 15 B. Other Call-Backs ........................................................................... 16 C. Other Standby ............................................................................... 16 Section XV - Tuition Reimbursement. ........................................................................... 17 Section XVI - Physical Fitness and Wellness Program ................................................. 17 A. Physical Fitness ................................................................................. 17 B. Wellness Program .............................................................................. 17 Section XVII - Education Pay and POST Pay ............................................................... 18 A. Education Pay ............................................................................... 18 B. POST Pay ..................................................................................... 18 C. Terms and Conditions ................................................................... 19 Section XVIII - Longevity ............................................................................................... 19 Section XIX- Acting Pay (Temporary Upgrade Pay) ..................................................... 20 Section XX - Retention Bonus ...................................................................................... 20 Section XXI -Police Referral Bonus Program ............................................................... 21
ARTICLE THREE - PAID TIME OFF BENEFITS
Section I - Vacation Scheduling ................................................................................ 23 Section 11 - Vacation Accrual Maximum ..................................................................... 25 Section 111 - Exchange of Vacation Days ..................................................................... 26 Section IV - Exchange of Days Off .............................................................................. 26 Section V - Holiday Accumulation .............................................................................. 27 ii
LBPOA 2022-2025
Section VI - Holiday Schedule ..................................................................................... 28 Section VII - In Lieu Holiday Accrual ............................................................................ 29 Section VIII - Sick Leave .............................................................................................. 29 Section IX - Use of Accumulated Sick Leave for Family Illness or Doctor/Dental Appointments ........................................................................................... 29 Section X - Paid Parental Leave ................................................................................ 29 Section XI - Preservation of Sick Leave (Vacation) During Extended Leave ............... 31 Section XII - Integral Part Trust (Post Employment Medical Benefits) ......................... 31 Section XIII - Jury Duty .................................................................................................. 33 Section XIV - Bereavement Leave ................................................................................. 33 Section XV - Military Leave ........................................................................................... 34
ARTICLE FOUR - HEAL TH INSURANCE BENEFITS
Section I - Health, Dental and Life Insurance ............................................................ 35 Section II - Continuation of Health Insurance for Surviving Spouse and/or Eligible Dependents of Retired Employee ............................................................ 36 Section Ill - Life Insurance and Accidental Death and Dismemberment.. ................. 37
ARTICLE FIVE - RETIREMENT
Section I - Retirement Provisions .............................................................................. 38 A. Maintenance of Existing Retirement Provisions ................................. 38 B. Post - Retirement Health Insurance Account Supplement.. ............... 38 C. Pension Formula Change ................................................................... 38 D. Report the Value of Employee-Paid Member Contribution (EPMC)- Special Compensation ........................................................................ 39 E. Cost Sharing by Classic Cal PERS Members ...................................... 39
ARTICLE SIX - OTHER BENEFITS AND WORKING CONDITIONS
Section I - Parking for Members ................................................................................ 40 Section II - Uniform Replacement .............................................................................. 40 Section 111 - Hours and Schedules .............................................................................. .40 iii
LBPOA 2022-2025
Section IV - Certification .............................................................................................. 40 Section V - Work Permits ........................................................................................... 40 Section VI - Internal Affairs Investigations ................................................................... 41 Section VII - Gun Reimbursement. ............................................................................... 41 Section VI 11 - Work Related Activities ............................................................................ 41 Section IX - Public Record Requests .......................................................................... 41 Section X - Probationary Training ............................................................................. .42 Section XI - Documented Counseling ......................................................................... 43 Section XII - Take Home Motorcycles ......................................................................... .43
ARTICLE SEVEN - GRIEVANCES
Section I - Grievance Procedure ............................................................................... 44 Section 11 - Definitions ................................................................................................ 44 Section Ill - Procedure ................................................................................................ 44 Section IV - Appeal to Chief of Police ......................................................................... .45 Section V - Appeal to the Human Resources Director ................................................ 45 Section VI - Appeal to the City Manager .................................................................... .45 Section VII - General Provisions .................................................................................. 4 7
ARTICLE EIGHT - TRANSFER POLICY
Section I - General Provisions .................................................................................. 48 Section 11 - Voluntary Transfer ................................................................................... 48 A. Request for Transfer ..................................................................... 48 B. Selection Procedure ...................................................................... 48 Section Ill - Involuntary Transfers ............................................................................... 49 Section IV - Special Detail Assignments ..................................................................... 49 iv
LBPOA 2022-2025
ARTICLE NINE - GENERAL PROVISIONS
Section I - Full Agreement ........................................................................................ 50 Section II - Implementation ........................................................................................ 50 Section Ill - Term ......................................................................................................... 50 Section IV - Renegotiation ........................................................................................... 51 Section V - Separability ............................................................................................... 51
APPENDIX A
Section I - Classifications Represented .................................................................... 53 Section II - Lower Entry Step for Police Recruit.. ....................................................... 53 Section Ill - Key Salary lnformation ............................................................................. 53
APPENDIXB
Special Assignment Premium Pay (Detective/Administrative/Training) ........................ 54
APPENDIXC
Detective Rotational Program ....................................................................................... 56
APPENDIX D
Military Leave Benefits ................................................................................................. 57
APPENDIX E
COVID-19 Testing Quarterly Evaluation ........................................................................ 60
APPENDIX F
POA Skill and Other Pays ............................................................................................. 61 V
LBPOA 2022-2025
ARTICLE ONE
MEMORANDUM OF UNDERSTANDING
Section I - Parties to Memorandum of Understanding
This Memorandum of Understanding (MOU) or Agreement is made and entered into by and between the City of Long Beach, a Municipal Corporation (City) and the Long Beach Police Officers Association (Association) pursuant to Government Code 3500 et seq.
Section II - Purpose
It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between the City and the employees covered herein; to provide an orderly and equitable means of resolving any misunderstanding or differences which may arise under this MOU; and to set forth the understanding of the parties reached as a result of good faith negotiations.
Section Ill - Recognition
The City of Long Beach hereby recognizes the Police Officers Association as the exclusive representative for employees in the basic and supervisory Police unit classification referenced in Appendix A of the Memorandum, subject to the right of an individual employee to represent himself/herself as provided in Government Code Section 3502.
Section IV - No Discrimination
A. The parties mutually recognize and agree fully to protect the rights of all employees covered by this MOU, and that all employees so covered shall have the right to join and participate in the lawful activities of the Association, and to exercise all rights expressly and impliedly set forth in Section 3500 et seq. of the Government Code of the State of California. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against because of the exercise of these rights.
B. The provisions of this MOU shall be applied equally to all employees covered without favor or discrimination because of race, color, sex, age, creed, or religion, and in accordance with all applicable State and Federal Laws.
C. The City and the Association agree that unit members will not be discriminated against because of membership or non-membership in employee organizations.
LBPOA 2022-2025
Section V - Employee Organization Rights and Responsibilities A. Association Representation Responsibilities
The Association has the duty to fairly represent all members of the bargaining unit.
B. Board Member List
A current list of board members, including names and classifications shall be submitted to the Director of Human Resources. Any changes on this Board shall be submitted, with the same required information as stated above, to the Director of Human Resources within ten working days following such changes.
C. Dues and Benefit Deduction Program
1. During the term of this Agreement, upon receipt of an executed voluntary written authorization, the City shall deduct Association dues and benefit program premiums from the pay of employees represented by the Association. The form for this purpose shall be provided by the City and the amounts to be deducted for union dues shall be certified to the City by the appropriate Association official. For such purposes, the City shall charge the Association five and one-half cents ($.055) per deduction.
2. The Association hereby agrees to indemnify and hold harmless the City for any loss or damages, claims or causes of action, arising from the operation of this provision of the Agreement. It is also agreed that neither any employee nor the Association shall have any claim for error against the City for any deductions made or not made, as the case may be.
D. Release Time
The City shall authorize the Association President and the Board of Directors union release time from their regularly scheduled duties. As used herein, union release time shall be authorized leave with pay to conduct full-time employee organization representation activities. Employees on such union release time shall be reported and compensated as if on vacation. While on union release time, such employees shall not be eligible for Workers' Compensation benefits or any benefits ordinarily available to Peace Officers under Division 4 of the California Labor Code.
1. The Association President shall be authorized union release time from the effective date of this agreement through the term of this agreement.
2. Subsequent to October 1, 2003 and every October thereafter, the Association shall reimburse the City for release of the Association President by reducing each bargaining unit member's scheduled holiday hours by up to 4.0 hours. This reduction in holiday hours shall only apply to members 2 LBPOA 2022-2025
in the classification of Police Officer, Police Corporal, Police Sergeant and Police Lieutenant.
3. Board of Directors Union Release Time
a. On October 1 of each year, the City shall authorize the Police Officers Association Directors union release time in a total aggregate amount not to exceed 1,000 hours annually to be divided among such Directors as the Police Officers Association may decide. Any portion of this annual aggregate 1,000 hours which is unused at the end of the year shall be carried forward to be used in the next year.
Accumulated unused release time authorized in this paragraph will not be carried forward past the term of this agreement, unless the provisions of the MOU are extended by mutual agreement, in writing, while good faith negotiations to secure a new agreement are proceeding.
b. In addition to the 1,000 hours of release time allotted to the Association Board of Directors from the City, the bargaining unit members may volunteer hours from their individual accumulated unpaid holiday or banked overtime to be used by the Board members. Such donated hours may be used by Board members and union stewards. Use of hours by union stewards will require a minimum of seven (7) days prior notification. Donated hours will be carried over continuously.
4. The total time identified in paragraphs 2 and 3 above for President/Director release time shall not exceed 5000 hours. If necessary, the holiday hours deducted from members in paragraph 2 above will be reduced to ensure the 5000-hour maximum is not exceeded.
5. Bargaining unit members on union release time, if currently receiving Field Training Officer (FTO) or One Officer Car (OOC) pay while on union release time, may charge the applicable pay against the union's release time account.
6. With prior agreement the City shall reimburse the Association for hours used by Board members when their time and support of a City position is requested.
7. Procedure
LBPOA 2022-2025
a. The Chief of Police or designee shall authorize the requested release time when such request is submitted one week (7 calendar days) in advance of the day or days requested. Documented emergency situations, such as Officer-involved shootings, or other situations when it is not possible to give prior notice, will likewise be honored. 3 Approval of other requests will not be unreasonably withheld. During a Police emergency, the Chief of Police may cancel release time. b. On a quarterly basis, the City shall provide the Association with a report detailing the number of release time hours used in the preceding quarter.
8. Disputes
a. In the event that a dispute arises regarding the number of hours used or any other issue involving the administration of the union release time, the Association President and the Chief of Police will meet and attempt to resolve the matter.
b. If the dispute cannot be resolved to the mutual satisfaction of the Association President and the Chief of Police, the dispute shall be submitted as a grievance to the Director of Human Resources.
9. Non-Union Release Time Bargaining Unit Representation The parties to this MOU agree that the working hours spent by bargaining unit members, including the Association Directors, acting as an employee representative for bargaining unit members only in grievances, discipline hearings, shooting boards, Officer-involved shooting investigations, meet and confer sessions and consulting with City management on all matters covered by the Meyers-Milias-Brown Act (California Government Code Section 3500, et seq.) shall not be considered union release time.
10. Association President Release Time
During the term of the MOU, the City and the Association agree to engage in further discussions regarding a full-time Police Officer Association President. No changes to the current term and conditions of employment may be made during the term of this MOU without the mutual written agreement of the Association and City.
E. Transfer of Members of the Police Officers Association Board of Directors
While serving as a member of the Association Board of Directors, a member will be permitted to remain in his/her Division assignment provided they are performing their duties at an acceptable level. If they were assigned to a position which is normally rotated, they will be treated the same as other members of the Department.
If an Association Board of Directors member feels he has been unjustly retaliated against or unfairly treated, he can appeal directly to the Chief of Police. If the issue 4 LBPOA 2022-2025
is not resolved within 10 business days by the Chief of Police, the Director can appeal directly to the City Manager. The City Manager or designee must hold a hearing within 10 business days from the date of the Director's request. The decision must be rendered in 10 business days from the date of the hearing. If appealed by the Director, the transfer will be stayed until the decision is made by City Manager.
F. Addressing Squad Meetings
It shall be the policy of the Long Beach Police Department to allow Association Directors to address the Patrol Division squad meetings under the following conditions:
1. The Association Director shall obtain permIssIon to address the squad meeting from the ranking Command Officer on duty. He shall state the topic to be spoken about. Such permission and topic advisement shall be accomplished prior to the beginning of the squad meeting. If an Association Director is denied an opportunity to address squad meetings, the ranking Command Officer who refused this request shall file a memorandum to the Chief of Police prior to the end of his/her shift explaining why the Association was denied this opportunity. The Association will be served a copy of this memorandum within 24 hours of date of occurrence.
2. At the conclusion of the regular squad meetings, the ranking Command Officer shall announce that a presentation is to be made by a member of the Board of Directors of the Police Officers' Association. Attendance is not mandatory.
3. Presentations to squad meetings by Association Directors shall not exceed ten (10) minutes unless specific permission is granted by the ranking Command Officer on duty. The Association Director shall not speak to such length that would cause delay in relief of the watch going off duty.
4. The topics that may be discussed must be related to wages, hours, and working conditions.
5. At no time shall an Association Director ridicule the Long Beach Police Department, any member or organizational unit of the Long Beach Police Department whether by name, title, capacity or inference. This does not preclude legitimate constructive criticism regarding Police Department policies, practices and procedures.
6. The above procedures shall be subject to the existing grievance procedure. 5 LBPOA 2022-2025
Section VI - City Obligations and Responsibilities
A. City Obligations
In order to ensure that the City shall continue to carry out its public safety functions, programs, and responsibilities to the public imposed by law, and to maintain efficient public safety service for the citizens of Long Beach, the City continues to reserve and retain solely and exclusively all rights of management, except as specifically vested to the Association by this Agreement, regardless of the frequency of use, including those rights and responsibilities set forth by law including but not limited to the following rights:
1. To manage the Police Department and determine policies and procedures and the right to manage the affairs of the Department.
2. To take into consideration the existence or nonexistence of facts, which are the basis of the management decision in compliance with State law.
3. To determine the necessity, organization, implementation, and termination of any service or activity conducted by the City or other government jurisdictions and to expand or diminish police services.
4. To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees in accordance with City, Department, and/or Civil Service Rules and Regulations.
5. To determine the nature, manner, means, extent, type, time, quantity, quality, standard, and level of police services to be provided to the public.
6. To require performance of other public safety services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the City.
7. To lay off employees of the Police Department because of lack of work or funds or under conditions where continued work would be inefficient or ineffective.
8. To determine and/or change the police facilities, methods, technology, equipment, operations to be performed, organizational structure, and allocate and assign work by which the City police operations are to be conducted.
9. To determine methods of financing.
6 LBPOA 2022-2025
10. To plan, determine, and manage the Department's budget, which includes but is not limited to, the right to contract or subcontract any work or operations of the Police Department.
11. To determine the size and composition of the Police Department work force, assign work to employees of the Police Department in accordance with requirements determined by the Police Department and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby and overtime, and assignments, except as otherwise limited by this agreement, or subsequent agreements.
12. To establish and modify goals and objectives related to productivity and performance programs and standards, including but not limited to quality and quantity, and require compliance therewith.
13. To determine qualification, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees in accordance with City, Department, and/or Civil Service Rules and Regulations.
14. To determine the issues of public policy and the overall goals and objectives of the Police Department and to take necessary action to achieve the goals and objectives of the Police Department.
15. To hire, transfer intra- or inter-division, promote, reduce in rank, demote, reallocate, terminate, and take other personnel action in accordance with City, Department, and/or Civil Service Rules and Regulations.
16. To determine policies, procedures, and standards for recruiting, selecting, training, and promoting employees.
17. To establish, implement, and/or modify rules and regulations, policies and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety and order, and to require compliance therewith.
18. To maintain order and efficiency in police facilities and operation.
19. To restrict the activity of an employee organization on City facilities and on City time except as set forth in this Agreement.
20. To take any and all necessary steps and actions to carry out the service requirements and mission of the City in emergencies or any other time deemed necessary by the City and not specified above.
7 LBPOA 2022-2025
B. Impact of City Obligations
Where required by law, the City agrees prior to implementation to meet and confer with the Association over the impact of the exercise of a right of management upon the wages, hours, and terms and conditions of employment on unit members unless the impact consequences of the exercise of a right of management upon unit members is provided for in this Memorandum of Understanding, City or Civil Service Rules and Regulations, or Departmental Rules and Regulations.
C. Authority of Third Party Neutral - City Obligations
All rights of management, powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City. No third party neutral shall have the authority to diminish any of the rights of management which are included in this Agreement, exclusive of a competent court having subject matter jurisdiction.
Section VII - Intent of the Parties
It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior written agreements. It is understood by and between the parties that the intent as set forth herein shall be to cover the wages, hours and working conditions of the employees represented by the Association.
It is agreed that there exists within the Police Department, personnel policies and procedures, general orders, departmental policies and rules and regulations. Except as specifically modified by this MOU, these rules and regulations, and policies and any subsequent amendments thereto shall be in full force and effect during the term of this MOU. Before any new or subsequent amendments to these policies or departmental rules and regulations directly affecting wages, hours and terms and conditions of employment are implemented, the City, through the Police Chief, shall meet in accordance with Government Code Section 3500 et seq., with the Association regarding such changes.
However, the existing provisions of the Salary Resolution and Personnel Ordinance that apply to employees represented by the Association shall remain in full force and effect during the term of this Agreement unless otherwise modified by this MOU. 8 LBPOA 2022-2025
ARTICLE TWO
SALARIES AND COMPENSATION
Section I - Listing of Positions and Rates of Pay 2022-2025 The hourly, bi-weekly and equivalent monthly salaries for the classifications represented by the Association for the period of October 1, 2022, through September 30, 2025 shall be in accordance with the salary schedule set forth in Appendix A. The Salary Resolution will be amended to provide the following salary increases for the classifications listed in Appendix A on the effective dates as follows:
• Effective October 8, 2022, there shall be a base salary increase of five and a half percent (5.50%) for all represented classifications.
• Effective the first full pay period of FY24, there shall be a base salary increase of three and a half percent (3.50%) for all represented classifications. • Effective the first full pay period of FY25, there shall be a base salary increase of two and a half percent (2.50%) for all represented classifications.
Section II - Skill and Other Pays
The classification and rates of POA Skill and Other pays for positions in this unit are set forth in Appendix F.
Section Ill - Marksmanship Pay
Members who are required to attain a required degree of proficiency in marksmanship in the performance of their duties shall receive additional compensation as provided below:
Marksman
Sharpshooter
Expert
Master
$ 48.00/year
$ 96.00/year
$192.00/year
$384.00/year
A. The Chief of Police or their designee, shall set the qualifying schedule.
B. The additional compensation shall be paid once a year in December.
C. Members must retest every year according to the qualification schedule, to earn the additional compensation amount for that year.
D. The determination of the Chief of Police, or their designee, on all scoring is final and conclusive.
E. The City shall not be entitled to a refund in the event of death or separation from the department.
9 LBPOA 2022-2025
F. The weapon used to qualify shall be an approved handgun as authorized by the Police Department.
G. Members who qualify as described above who separate from City employment before the annual payment in December, shall receive the marksmanship pay for which they have qualified that year.
Section IV - Field Training Officer Pay (FTO)
A. Police Officers and Police Corporals who are assigned by the Chief of Police to be Field Training Officers shall receive skill pay in an amount equal to 10 percent of the current Step 5 Police Officer and 10 percent of the base hourly rate of the Police Corporal for each hour worked in that assignment. Field Training Officers will be assigned to train Police Officers during Phase 2 and Phase 3 training periods. However, for lateral transfer officers, said assignment period shall be determined by the Chief of Police. Field Training Officers shall continue to receive this hourly skill pay when assigned to teach on behalf of the Department.
B. FTO Assignment: Program Selection, Assignment, and Incentive Pay During the term of the Memorandum of Understanding (MOU), the City and the Long Beach Police Officers Association (LBPOA) agree to meet and confer within the first year of the term regarding the Field Training Officer program including the following topics:
1. Selection, assignment, certification, and re-certification of Field Training Officers.
2. Providing incentive pay for Field Training Officers.
3. Any other topics the parties may agree to discuss for the improvement of the Field Training Program.
No changes to the current term and conditions of employment may be made during the term of this MOU without the mutual agreement of the Association and the City.
Section V - Corporal Pay
Corporals shall be treated as Police Officers in all aspects except pay. The base pay differential between top step Police Officer and Corporal shall be maintained at its current rate, 12.466 percent. Effective April 1, 2017, the 12.466 percent differential will be calculated from Police Officer Step 6.
Section VI - Detective Pay and Detective2 Pay
A. Effective October 1, 2019, Police Officers, Police Corporals, Police Sergeants and Police Lieutenants will receive 4.49 percent of Step 5 Police Officer base hourly rate, in accordance with Appendix B Special Assignment
(Detective/Administrative/Training Pay).
10 LBPOA 2022-2025
B. Effective October 8, 2022, Police Officers, Police Corporals, Police Sergeants, and Police Lieutenants assigned to analyze crimes while assigned to the homicide detail in the Police Department, as determined by the Chief of Police, will receive Detective 2 premium paid at 12.5% of Step 5 Police Officer. This skill pay cannot be used in conjunction with Detective Pay.
Section VII - Port Security Unit
Police Officers, Police Corporals, Police Sergeants and Police Lieutenants assigned to the Port Security Unit will receive 5.23 percent of Step 5 Police Officer base hourly rate after they have obtained a valid Basic Boat Operations Certificate. Port Security Unit members will not be eligible to receive any other skill pay associated with their responsibilities on the Port Security Unit or one-man car pay or FTO pay when receiving Port Security Unit assignment pay.
Section VIII - Bilingual Pay
Bilingual skill pay will be available to all classifications covered by this Agreement who are certified by the Civil Service Commission as having oral bilingual skills of a language predominantly spoken by the residents of the City of Long Beach, and who interact with the public on a regular and frequent basis which is defined as either the majority of their shift or those who are first line emergency responders, will receive $1.20 /hour effective October 8, 2022. Eligible languages include Spanish, Khmer, Tagalog, Vietnamese, Samoan, American Sign Language or other languages designated by the City Manager.
Bilingual skill pay for American Sign Language will only be paid to members who interact with the public in person, face to face. Bilingual pay may be paid on a per diem basis to those who are certified by Civil Service and use said bilingual skills of a language deemed necessary by the City Manager and the Police Chief on an as-needed basis.
Section IX - Canine Officer Reimbursement Pay
A. Employees will only be eligible for the Canine Officer Skill Pay and Canine Officer Reimbursement Pay if they meet the following qualification criteria:
1. The employee is authorized by the Chief of Police to handle a police service dog(s) for use in connection with their law enforcement duties.
2. The employee keeps, maintains, and furnishes a fully-trained and duly certified police service dog(s) for use in connection with the performance of his/her official law enforcement duties.
B. For purposes of complying with the Fair Labor Standards Act (FLSA), and to accommodate employees for the off-duty care of their police service dog(s), the parties have agreed to the following terms:
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1. The canine handler will be deemed to have spent six (6) hours off-duty every biweekly pay period to care for, maintain, and exercise their police service dog(s).
2. The canine handler will be reimbursed for these six (6) off-duty hours at the overtime rate of the State of California minimum wage (1.5 x minimum wage).
3. The canine handler will be paid the reimbursement for any period during which they possess a qualified police service dog(s), including vacation and holidays.
4. If the employee does not possess a qualified police service dog(s) for a majority of a biweekly pay period, the reimbursement will not be paid.
C. In addition to the biweekly reimbursement provided in the preceding paragraph, the City will reimburse an employee for veterinarian costs for on-the-job injury to police dogs. The City will continue to provide liability insurance for on-duty/off duty purposes at current levels.
Section X - Dive Pay
Bargaining unit members who have successfully passed entry-level Dive Team qualifications and are assigned to the Dive Team shall be entitled to a per diem pay in the amount equivalent to 6 percent of Step 5 Police Officer for each hour worked while conducting an approved Dive Team operational deployment or operational training.
Bargaining unit members assigned to the Dive Team agree that this is a secondary job assignment and not a separate job classification. Members assigned to these teams agree that any involuntary removal from this job assignment for non-disciplinary reasons shall be subject to the provisions of an involuntary transfer per Article 8, Section Ill.
Section XI - SWAT Pay
Bargaining unit members who have successfully passed entry level Special Weapons and Tactics (SWAT) school and are assigned to the SWAT team shall be entitled to a per diem pay in the amount equivalent to 10 percent of Step 5 Police Officer for each hour worked while conducting a SWAT operational deployment or approved SWAT operational training.
Bargaining unit members assigned to the SWAT Team agree that this is a secondary job assignment and not a separate job classification. Members assigned to these teams agree that any involuntary removal from this job assignment for non-disciplinary reasons shall be subject to the provisions of an involuntary transfer per Article 8, Section Ill.
Section XII - Solo Patrol Premium
A. On the effective date of the Agreement, Officers· (Police Officers and Corporals) who are assigned and who work a one-officer unit in Patrol between the hours of 1630 and 0730 will receive skill pay in an amount equal to 10 percent of Step 5 for 12 LBPOA 2022-2025
Police Officer and 10 percent of the base hourly rate of a Police Corporal for each hour worked in a one-officer unit.
B. The Chief of Police shall determine which units are to be designated as one-officer units.
C. Selection of Officers to work one-officer units will be made as follows:
1. An Officer must have a minimum of 18 months of service.
2. An Officer must have successfully completed Phase IV Training.
3. Officers with prior service will have that prior service counted towards the 18 months. Officers with prior service shall have 12 months patrol experience and must also successfully complete the training program as determined by the field training Lieutenant.
D. Officers who routinely receive this hourly skill pay shall continue to receive this skill pay when assigned to teach on behalf of the Department.
Section XIII - Overtime
A. Overtime - (MOU)
1. Overtime will be assigned on a fair and equitable basis in accordance with criteria determined and published by the Chief of Police. Overtime (MOU) shall be defined as hours worked in excess of the regularly scheduled work shift. Hours worked shall include all authorized paid leaves of absence.
This overtime (MOU) shall be accrued at a rate of 1-1/2 times your adjusted rate.
2. Employees may request to be paid this overtime (MOU) or bank it into the compensatory time bank up to a maximum of one hundred twenty (120) hours.
B. Compensatory Time Bank - (MOU)
1. LBPOA members may receive compensatory time off (CTO) for overtime worked, in lieu of cash payment.
2. Department Heads or designees retain the sole discretion in granting the request to accrue CT or pay it as overtime worked.
3. Members may bank a maximum of one-hundred and twenty (120) hours into a CT bank.
4. Compensatory time off in excess of the established maximum threshold shall be cashed out.
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5. Members may use or cash out CT time at any time during the calendar year, prior to the last pay period of the calendar year.
6. All CT time not taken prior to the effective date of a salary range decrease which results in a lower pay rate as the result of a reversion or demotion, shall be retained as banked overtime unless the employee requests one pay period prior to the effective date of the change to be paid at the higher hourly pay rate.
7. Effective Calendar Year 2024, Members will be paid for all accrued and unused CT time annually on the last full paycheck of the calendar year.
C. Compensatory Time Gap Coverage
1. Effective December 2024, any member who has 40 or more hours of CT cashed out in the last pay period of the calendar year, will be permitted to use up to 20 hours of their Vacation Leave or In Lieu Holiday Leave in accordance with the provisions below, beginning from the date after the last pay period of the calendar year until the end of February of the following year.
2. The employee shall submit a written request to their immediate supervisor or the scheduling supervisor by completing a day off request form at least 48 hours in advance. The immediate supervisor or scheduling supervisor may, at their discretion, approve a request made without 48-hour notice.
3. The fact that a replacement employee may be entitled to overtime compensation shall not be used as a basis for denying a request for time off under this provision. The scheduling supervisor will attempt to find a replacement. If they cannot, it will be the employee's responsibility to find a qualified replacement. If no replacement is found, the request will be denied.
A qualified replacement must be comparable to the employee to be replaced as determined by the Department. A replacement employee cannot work two consecutive full shifts.
4. The scheduling supervisor shall comply with the direction of the Chief of Police or designee to ensure bureau staffing needs, including closed days off, are met before approving any time off. If staffing levels are not met, then the request will be denied.
5. The Department reserves the right to deny a request for the use of this time off benefit in the case of a planned or spontaneous-critical event that requires maximum resources, including, but not limited to, natural disasters, protests, demonstrations, or significant events.
D. Overtime (FLSA)
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1. The City has implemented the fourteen (14) day work period per Section 7(k) of the FLSA for all employees in the bargaining unit for the purpose of calculating FLSA overtime pay. The 14-day work period aligns with the bi-weekly pay period. FLSA overtime is defined as actual hours worked (leave does not count as hours worked for the purpose of calculating the FLSA). All FLSA overtime compensation shall be paid pursuant to the FLSA rules and regulations.
2. The definition of Fair Labor Standard Act (FLSA) overtime in this section is intended to clarify when the FLSA standard will be used by payroll for the purpose of calculating overtime pay in accordance with the law. When deciding whether hours worked outside of a member's regular schedule will be considered overtime, the requirements under MOU Overtime shall be followed.
Section XIV - Call Back
A. Court Appearance
Attendance at court or other quasi-judicial hearing is considered to be an official duty assignment. Employees who are in an "off duty" status and are directed to "Be There" or placed in an "On Call" status by the District Attorney, City Prosecutor or the Court Affairs Sergeant, shall be compensated as follows: (Note: An employee who enters duty status while in court shall be compensated by overtime only for the hours worked in an off-duty capacity. For example, if an employee has an A.M. "Be There" and an A.M. start time, that employee shall receive actual time worked prior to the start of the shift.)
1. 2.
3. 4.
A.M. "On Call" (0930 - 1230) -
P.M. "On Call" (1330-1630)
A.M. "Be There" (0800 - 1230)
P.M. "Be There" (1231 -1700)
1 hour of overtime
1 hour of overtime
3 hours of overtime.
An employee that has an A.M. "Be
There" and also starts work on
their normal shift during the P.M.
shall receive three hours of
overtime or actual time worked,
whichever is greater.
Employees ordered to P.M. "Be
There", will receive 3 hours of
overtime or actual time worked,
whichever is greater.
5. Employees who are in both an "On Call" and "Be There" status - 3 hours of overtime.
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6. Employees will receive 1 hour of straight-time compensation for "Be There" court appearances that are cancelled with less than 24 hours notice of their appearance, and a ½ hour of straight-time compensation for "On Call" court - appearances that are cancelled less than 24 hours prior to the "On Call" start time.
7. For Orange and Los Angeles Counties, employees will also be credited with driving time from the Public Safety Building to the court of appearance and return. For appearances out of the Los Angeles or Orange Counties, the Court Affairs Sergeant will review travel arrangements and approve compensation for travel and court time in advance.
8. Employees in a "Be There" status shall report either to Court or to the Court Affairs Sergeant at or before the time stated on the subpoena. For each half hour an employee is late in reporting to the Court Affairs Sergeant, one-half hour shall be deducted from the employee's overtime.
9. Any employee who is in an "On Call" status and is notified to report to court shall do so as soon as possible but in no event later than one hour after such notification.
10. After being notified, the employee shall go directly to Court. Employees attending court are in an on-duty status and are under the direct supervision of the Court Affairs Sergeant.
11. Any employee who finds it necessary to be excused from a court appearance shall direct such requests to the Court Affairs Sergeant.
12. Employees "On Call" shall fill out overtime cards.
13. Any Officer wishing time off in lieu of pay must contact the Payroll Office prior to 1630 hours of that court day.
B. Other Call - Backs
Employees who are called back to duty status for other than court appearance will receive two (2) hours of overtime or one hour travel time plus time actually worked, whichever is greater.
C. Other Standby
1. Officers assigned to receive "standby" pay will be at the discretion of the Chief of Police.
2. Officers placed on "standby" must adhere to the controlling City Administrative Regulations and Department policies.
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3. Officers must respond to the call out location within ONE HOUR of notification ready and available for work.
4. Officers may not consume alcoholic beverage(s) while on "standby status".
5. The Chief of Police may consider a take home vehicle as compensation for "standby" pay in lieu of pay.
6. On-call personnel will receive pagers at Department expense.
7. Compensation for one week standby will be nine hours of regular pay at the straight time rate.
Section XV - Tuition Reimbursement
Employees who are enrolled in an accredited job and/or career related college or university study program during off duty hours, are eligible to receive reimbursement based on the following schedule:
Semester/Quarter Payment Schedule
1.0 through 5.9 semester units
1.0 through 7.9 quarter units
6.0 or more semester units
8.0 or more quarter units
Community College
Total maximum per fiscal year
$375.00
$375.00
$400.00
$400.00
$120.00
$800.00
The Tuition Reimbursement program is a citywide program that is subject to annual funding fluctuations. Requests for reimbursement will be considered on a citywide basis in order of the date received. Reimbursement will be made until the funds budgeted for tuition reimbursements are no longer available.
Section XVI - Physical Fitness and Wellness Program
A. Physical Fitness Program
A voluntary Physical Fitness Program has been implemented by the Police Department and revised in 2002. The amount of $194,688 plus PERS costs will be provided for the Physical Fitness Program. Payment for the Physical Fitness Program will be made once a year on the first pay period in December.
B. Wellness Program
The City and the POA agree on the importance of employee self-care and are supportive of employees utilizing behavioral and mental health resources to optimize their well-being. The City will work with the POA to identify a public-safety focused counseling provider. The City shall contract with the counseling provider 17 LBPOA 2022-2025
to offer confidential, no-cost counseling services to Association members and their families.
1. The Department will commit to working with the POA to ensure appropriate and available resources are offered to members and their families in times of need.
2. The Chief of Police, or designee, will have the discretion to refer employees to attend a critical incident stress debrief or an individual counseling session, at no cost to the employee(s), during the employee's scheduled hours. The content of the session will remain confidential. Verification of employee's participation in this counseling session may be requested by the Chief of Police, or designee.
3. Employees will be permitted to use their choice of accrued time-off (sick, holiday, vacation, CT) to attend counseling sessions, wellness programs, or substance recovery programs. The participation in this treatment and the use of necessary time off will be confidential to the fullest extent of the law. This leave will be eligible for donations under the City's catastrophic leave policy if the employee exhausts all applicable accruals indicated under the catastrophic leave policy.
Section XVII - Education Pay and POST Pay
A. Education Pay:
Effective October 1, 2016, all represented members are eligible to receive the following special compensation based on Step 5 Police Officer for the indicated degrees from a fully accredited college or university:
Associates Degree (or 60 units towards a BA/BS Degree)
Bachelors Degree
Masters Degree
2.75 percent
5.00 percent
6.50 percent
B. POST Pay:
1. Members who possess an Advanced POST Certificate are eligible to receive special pay of ten percent (10%) of Step 5 Police Officer per month.
2. Police Lieutenants who possess a Supervisory POST Certificate are eligible to receive special pay of ten (10%) percent of Step 5 Police Lieutenant base rate of pay. Those Police Lieutenants who receive Supervisory POST certificate pay will not be eligible for Advanced POST.
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C. Terms and Conditions
The following terms and conditions shall apply to education, Advanced POST pay and Supervisory POST pay:
1. Eligibility for Advanced POST and Education Pay will begin for new Officers after successful graduation from the Long Beach Police Academy, or upon date of hire for a lateral Officer who does not attend a full Long Beach Police Academy training program.
2. Members can receive only the highest level of education pay he/she is entitled to. There will be no combining of education pays.
3. Bargaining unit members may receive education and Advanced POST pay simultaneously.
4. Police Lieutenants may receive education and Supervisory POST pay simultaneously.
5. Official education transcripts and POST certificates shall be provided to the Police Department Personnel Payroll Office who will verify eligibility. The employee will receive the skill pay the beginning of the pay period following submission and verification of the documents.
Section XVIII - Longevity Pay
A. Effective October 8, 2022, the City will provide longevity pay as compensation to all permanent full-time bargaining unit members ( excluding police recruit and all non career employees) under the following conditions.
1. Five percent (5%) of Step 6 Police Officer base hourly rate for ten (10) years of service as a Police Officer (Police Officers, Police Corporals, Police Sergeants, and Police Lieutenants) with the City of Long Beach.
2. Seven and a half percent (7.5%) of Step 6 Police Officer base hourly rate for fifteen (15) years of service as a Police Officer (Police Officers, Police Corporals, Police Sergeants, and Police Lieutenants) with the City of Long Beach.
3. Ten percent (10%) of Step 6 Police Officer base hourly rate for twenty (20) years of service as a Police Officer (Police Officers, Police Corporals, Police Sergeants, and Police Lieutenants) with the City of Long Beach. 19 LBPOA 2022-2025
B. Bargaining unit members transferring to the City as Police Officer-Lateral Entry or Police Officer - Entry Level with California law enforcement experience prior to Long Beach are eligible for longevity pay on a month for month basis if they have prior experience as a Highway Patrol Officer, Deputy Sheriff, Municipal Police Officer, or State Police Officer and possess a basic POST certificate issued by the State of California;
1. Bargaining unit members transferring to the City as Police Officer-Lateral Entry or Police Officer - Entry Level with law enforcement experience outside of California are eligible for longevity pay on a month for month basis if they possess a Basic Course Waiver (BCW) issued by the California Commission on Peace Officer Standards and Training and the experience is determined to be equivalent by the Chief of Police.
Section XIX - Acting Pay (Temporary Upgrade Pay)
Bargaining unit members designated by the Chief of Police to act in a higher-level position i.e., Police Officer and Police Corporal for Police Sergeant, Police Sergeant for Police Lieutenant/Administrator and Police Lieutenant for Commander/Administrator shall receive a 5 percent salary increase over their existing pay (including all skill and incentive pays), but in no event more than the top step of the rank above them. However, FTO and One Officer Car Pay will be included in existing pay only if the employee has served 75 percent of their time in these positions in the past year. Employees in acting positions will not wear the insignia of the higher rank.
Section XX - Retention Bonus
Effective the first full pay period of FY 2025 (October 2024 ), a retention payment of $5,000 to all permanent full-time represented and currently employed classifications (excluding Police Recruits and Non-Careers) and outlined as follows:
1. The one-time retention payment is the sum of the $5,000 only and is not considered regular compensation and does not include any compensation items such as, but not limited to skill pay, bonus pay, higher classification pay, bilingual pay, deferred compensation or overtime.
2. The one-time payment shall be an off-salary schedule payment; payment shall not be reflected on the City's pay or salary schedules; and payment shall not be the basis upon which future salary increases will be calculated.
3. The one-time retention payment shall not be characterized as and shall not be reported to Cal PERS as pensionable compensation or compensation earnable. 20 LBPOA 2022-2025
Section XXI - Police Referral Bonus Program
1. It is understood that the Long Beach Police Department has experienced noteworthy recruitment and retention issues for qualified Police Officers. This referral incentive program aims to further improve the City's competitiveness in ensuring a safe community.
2. As such, effective upon Council adoption, the City and POA agree that:
a. Through conversation, relationships, mentoring and networking, employees have the opportunity to contribute to the wealth of talent the City employs.
POA Members are encouraged to refer applicants to vacant Police Officer positions.
b. For every referral from a POA Member that is successfully hired, the referring POA Member will receive a Referral Incentive Bonus (paid in two parts). There shall be no limit as to how many referrals an employee can submit.
c. Employees shall submit an email to Human Resources identifying the referred applicant and the applicable position prior to the applicant submitting their application materials.
d. Once a Police Recruit applicant successfully completes the Police Academy, the POA Member shall be eligible to receive the first referral bonus.
e. Once a Lateral Police Officer applicant successfully completes 6-months of service as a City of Long Beach Police Officer, the POA Member shall be eligible to receive the first referral bonus.
f. Once the applicant (Police Recruit or Lateral Police Officer) has successfully completed the established probationary period, the POA Member shall be eligible to receive the second and final referral bonus.
3. For referrals to Entry-level police officer positions:
a. Each bonus will be a one-time, non-pensionable amount of $1,500 ($3,000 total per referral).
4. For referrals to Lateral police officer positions:
a. Each bonus will be a one-time, non-pensionable amount of $2,000 ($4,000 21 LBPOA 2022-2025
total per referral).
5. The following exclusions shall apply:
a. Only one POA Member, per applicant, shall be eligible for the Referral Incentive.
b. A referral for an existing City Employee shall not be eligible for the Referral Incentive.
c. POA Members who have separated employment forfeit eligibility for Referral Incentives not yet paid at time of separation. d. POA Members involved in the recruitment and hiring process shall not be eligible for the Referral Incentive.
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ARTICLE THREE
PAID TIME OFF BENEFITS
Section I - Vacation Scheduling
A. The following terms and conditions will apply:
1. With the exception of the geographic Patrol Divisions, vacation sign up starts in November of the preceding calendar year. Vacation sign up for the geographic Patrol Divisions start immediately following the posting of the next deployment by the Patrol Bureau. Vacation sign up shall be done in two rounds and by seniority.
2. During round one, officers may sign up for their vacation up to a maximum of four (4) weeks or a minimum of one (1) week in one contiguous block.
They cannot split their first sign up.
3. Round two will begin after every officer has had an opportunity to sign up in round one.
4. In round two, officers shall sign up for the remainder of their vacation balance in either a single contiguous block of their remaining time or in no more than two separate blocks of at least one week.
5. With the exception of the geographic Patrol Divisions, all vacation selections are to be made by December 20th so that the final vacation schedule can be completed by January 1. Vacation sign up for the geographic Patrol Divisions are to be completed prior to the commencement of the next deployment period.
6 The Police Department will retain control of the total number of personnel in a division, section, or detail allowed off for vacation at any given time.
The Police Department will allow vacation time to be used as scheduled unless there is an emergency condition to warrant change in vacation sign up.
7. In the event of a voluntary transfer or promotion, the right to the selected vacation shall be waived. IHowever, the Department will attempt to honor the original request.
8. In cases of involuntary transfers, vacation selection will be administered in accordance with current departmental practice. If a division, section or detail is disbanded, involuntary reassigned officers will be allowed to take their vacation with them to new assignments, if it does not create an overall staffing shortage in the new assignments.
9. Vacation sign up in the Investigation Bureau will be by detail and based on department seniority.
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10. Bargaining unit members with less than 20 days of vacation (200 hours) shall be allowed to combine other time off to equal 30 consecutive calendar days for a month vacation one time per year. All other time off will be according to existing policy.
B. Vacation Accrual Lateral Officers
1. Effective October 8, 2022, a Lateral Police Officer's vacation accrual may be adjusted upon hire to provide the Officer with credit for previous sworn public service upon the approval of the City Manager or designee.
2. Credit for sworn public service shall only be given for completed years of sworn service as a full - time permanent employee.
3. If an officer worked at a public service agency on a part-time benefitted basis, completed years will be based on the completion of 2,080 hours.
4. Bargaining unit members, transferring to the City as Police Officer-Lateral Entry or Police Officer - Entry Level with California law enforcement experience prior to Long Beach, are eligible for vacation accrual lateral if they have prior experience as a Highway Patrol Officer, Deputy Sheriff, Municipal Police Officer, or State Police Officer and possess a basic POST certificate issued by the State of California.
5. Vacation accrual caps shall apply to the designated annual hourly accrual rate.
6. Sworn Public Service credit shall not apply to any other benefits.
7. The Officer has the responsibility to prove certification of previous sworn public service from the Officer's previous employer(s), if so requested.
8. A public service agency may be defined as a State, City, County, or Special District agency that provides programs, goods, or services. A public agency is not defined as a not-for-profit organization or non-governmental organization.
9. Employees hired before October 1, 2022, may request that prior sworn police officer experience as described in section (blank) above count towards an adjustment to the employee's vacation accrual rate. In order to receive this adjustment, POA will submit documentation in writing which shall be verified by the Police Department. This adjustment to the accrual rates and the corresponding accrual caps shall be effective on the date of Human Resources Director approval.
24 LBPOA 2022-2025
Section II: Vacation Accrual Maximum
Vacation Accrual Maximum shall be based on years of service completed as follows:
Hours Vacation NEW
Service Years Completed Accrued Annual Maximum Vacation Accrual Maximum per pay Accrual period Accrual*
Upon hire through 4 years, 5 months 3.70 96.2 288.6 384.8 4 years, 6 months through 11 years, 5 480.5
months 4.62 120.1 360.4
11 years, 6 months through 13 years, 5 512.7
months 4.93 128.2 384.5
13 years, 6 months through 17 years, 5 545.0
months 5.24 136.2 408.7
17 years, 6 months through 18 years, 5 576.2
months 5.54 144.0 432.1
18 years, 6 months through 19 years, 5 608.4
months 5.85 152.1 456.3
19 years, 6 months or more 6.16 160.2 480.5 640.6
*4-year Vacation Maximum 1/1/2023-12/31/2025
A. New permanent full-time or permanent part-time employees may utilize accrued vacation hours upon completing six (6) months of employment.
B. Upon reaching the maximum accrual, employees will cease earning vacation until use of vacation brings the accrual below the maximum.
C. Employees will not be allowed to have negative vacation hours.
D. The use of vacation hours is subject to supervisor/department head approval per the current Salary Resolution, Personnel Ordinance, and Department policies.
E. Upon separation of employment or death, employees or their beneficiary will be paid for all accrued and unused vacation with their final paycheck.
F. POA represented employees will be allowed to increase the amount of vacation carryover for up to 4-years total from January 2023 to December 31, 2025. 25 LBPOA 2022-2025
Section Ill - Exchange of Vacation Days
Sworn personnel may exchange vacation days, subject to the following terms and conditions:
1. Both parties to the exchange must be willing to make the exchange of vacation days and must fill out revised vacation schedules (Form PD 1000.007).
2. There will be a limit of one such exchange per year for any Officer.
3. Such exchange of vacation days will be kept within the Division, Section, Watch and/or Detail.
4. A minimum of five days' notice must be given to each Officer's supervisor.
5. Supervisors concerned must approve the exchange of days off.
6. Officers may exchange days off only with Officers of the same rank.
7. Exchange shall be in exact blocks, with no single days exchanged. The minimum block of vacation days which may be exchanged shall be five (5) days.
Section IV - Exchange of Days Off
1. Both parties to the exchange must be willing to make the exchange of days off.
2. Officers working Calls for Service (CFS) assignments within the Patrol Bureau may exchange days off with other CFS Officers (regardless of geographical division).
3. Exchange of Days off for non- CFS assignments are subject to approval on a case-by-case basis at the division level.
4. The exchange of days off and the exchange of days worked must be identified by both employees on the completed form PD 2000.004. Both dates must fall within six months of the first date that is exchanged.
5. Sworn employees may only exchange days off with employees of the same rank and abilities to fulfill the duties of the exchange assignments. Corporals and Officers will be considered the same rank for the purposes of this program.
6. The following payroll codes will be used on the Officers' timecards who are participating in the day-off exchange:
26 LBPOA 2022-2025
DXO (Day-Off Exchange "Off' Shift): This code shall be used on the regular scheduled workday of an Officer to indicate his/her absence from a regular shift due to the day-off exchange. The name and DID of the person actually working the shift shall be indicated on the back of the timecard.
DXW (Day-Off Exchange "Work" Shift): This code shall be used on the regular day off of an Officer to indicate his/her working of a shift in lieu of another Officer due to the day-off exchange. The name and DID of the person whose shift is being worked shall be indicated on the back of the timecard. The use of holiday, vacation, and/or banked overtime may not be used in lieu of working a DXW.
7. Exchanges of days off must be completed prior to promotion or transfer.
8. The direct supervisors of involved Officers, or the person in charge of scheduling the involved Officer's watch, must approve the exchange of days off by providing their authorizing signature on the completed PD 2000.004.
Day-off exchange request for Officers submitted with less than 72 hours' notice of the first day to be exchanged may not be honored by the Department. Exchange of days off for Sergeants and Lieutenants shall be documented via email.
9. Direct supervisors who approve the exchange are responsible for the distribution of the completed form PD 2000.004 to the participants' Bureau Administration Office and shall notify the scheduling Sergeant.
10. In the event of illness, the affected Officer's direct supervisor, in conjunction with the Officer, will identify a DXW date and shall forward this information to the Personnel Division and the Bureau Administration Office.
11. An Officer must report the exchange of days off indicated on the completed form PD 2000.004. An Officer who fails to report shall be carried "no work".
The violating Officer's direct supervisor will identify a DXW date and shall forward this information to the Personnel Division and the Bureau Administration Office. The violating Officer's day-off exchange privilege may be suspended for a period of one year and disciplinary action may occur.
Section V - Holiday Accumulation
A. Holiday accumulation shall be based on City policy.
B. Effective calendar year 2021 The City has a maximum in lieu holiday accrual for eligible permanent full-time and permanent part-time employees.
C. All requests for holidays require supervisor's approval. 27 LBPOA 2022-2025
In all cases, the Department scheduling priority shall take precedence in order to meet the community's needs.
Section VI - Holiday Schedule
The following are City observed holidays:
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 - Last Monday in May
5. Juneteenth Day - June 19
6. Independence Day - July 4
7. Labor Day - First Monday in September
8. Election Day - first Tuesday after November 1st
9. Thanksgiving Day - Fourth Thursday in November
10. Day after Thanksgiving - Friday after Thanksgiving Day
11. Christmas Day - December 25
12. Personal Holiday Leave (4 days)
Every day appointed by the President of the United States or the Governor of the State of California to be a public holiday, or by the City Council of the City of Long Beach to be a City holiday.
For covered employees on a regular holiday schedule, four personal holidays will be credited in the first accrual period in January each calendar year.
Employees hired after January 1, will be credited with 1.24 personal holiday hours for each full pay period of said time. Thereafter, each January, they shall receive four personal holidays in the first accrual period that begins in January.
Employees who leave the City having taken/not taken their personal holiday leave prior to earning it will have their separation pay debited/credited proportionately. For example, if an employee has taken all four personal holidays and retires on June 1, they shall owe the City 18.67 hours of pay for the personal holiday hours taken but not earned.
Employees on in-lieu schedules will continue to receive equivalent holidays per year.
Personal holiday leave will be requested by employees and granted by the department on an availability basis.
In no instance will employees receive more than the aforementioned holidays per calendar year unless authorized by the President, Governor or City Council, as indicated in this section. However, in the event the State legislature and/or the City Council establish a Cesar Chavez holiday, the number of holidays per calendar will remain the same. The total number of holidays will not change. This also applies to Section IV - Holiday Accumulation.
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Section VII: In Lieu Holiday Accrual
The City will implement a maximum in lieu holiday accrual for eligible permanent full-time and permanent part-time employees as follows:
In Lieu In Lieu Holiday Hours Hours Accrued In Lieu Holiday per accrual Holiday Hours Advanced (Start of year) period Maximum Accrual 4/10 schedule 150.0 5.77 300.0
All employees on a four-ten (4/10) schedule will receive .1.§ ten-hour in lieu holidays (150 hours total) on the first accrual period of January of each year. The in-lieu holiday accrual is capped at three hundred (300) hours. Should an employee be at the accrual maximum, no additional in lieu hours will resume accruing until the next pay period in which the accrual balance is below three hundred (300) hours.
Employees on any of the above in lieu holiday accrual schedules do not qualify for simultaneous personal holiday accruals.
Section VIII: Sick Leave
It is agreed that employees covered by this MOU will be entitled to earn sick leave as follows:
Employees on a 4/10 schedule will receive a maximum of twelve (12), ten (10) hour days of sick leave per year, accrued per pay period, based on hours worked.
Section IX - Use of Accumulated Sick Leave for Family Illness or Doctor/Dental Appointments
In addition to the usage of sick leave hours, when an employee is personally ill or disabled, they shall be entitled to use a maximum of one-half (1/2) of the earned sick leave per calendar year for absence from duty for personal doctor or dental appointments or to attend to their ill or injured child, parent, spouse, same-sex domestic partner, parent in-law or siblings.
Section X - Paid Parental Leave
The proposed policy institutes a new program offered by the City which provides 30 consecutive calendar days (160 hours) of Parental Leave at 100 percent of salary, for the birth, adoption or foster placement of a child, regardless of the gender, marital status or sexual orientation of the parent. Paid Parental Leave may be taken at any time during the twelve-month period immediately following the birth, adoption or placement of a child with the employee. The leave must be taken in full work day increments, and within one year of the date of birth/placement of the child. This type of absence is not charged against the employee's leave credits.
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Purpose/Objective
All full-time employees eligible for City health benefits are eligible for Paid Parental Leave, for up to 30 consecutive days (160 hours) in the twelve-month period following the birth of a child, adoption of a child, or placement of a foster child in their home. Employees will be afforded the same level of benefit continuation for the period of time that the employee is on Paid Parental Leave as if the employee was on active work status.
The purpose of Paid Parental Leave is to enable the employee to care for and bond with a newborn or a newly adopted or newly placed child.
Eligibility
• Full-time employees eligible for City health benefits; AND • Employees that have completed six months of full-time City service; AND • Employees who are the parent of a newborn child without regard to the marital status or sexual orientation of the parenting individual; OR • Employees who have adopted a child or been placed with a foster child (in either case, the child must be age 17 or younger).
• This benefit shall apply to life events occurring after the effective date of the Paid Parental Leave program.
Amount, Time Frame and Duration
• Employees will be eligible for up to 30 consecutive calendar days (160 hours) of Paid Parental Leave at 100 percent of the employees regularly scheduled weekly adjusted-pay.
• Paid Parental Leave will be paid on regularly scheduled pay dates. • Approved Paid Parental Leave may be taken at any time during the twelve-month period immediately following the birth, adoption or placement of a child with the employee.
• Paid Parental Leave may not be used or extended beyond this twelve-month time frame.
• In no case will an employee receive more than 30 calendar days (160 hours) of Paid Parental Leave in a rolling 12-month period, regardless of whether more than one birth, adoption or foster care placement event occurs within that 12-month rolling time-frame.
• The scheduling of the leave may be modified to meet the operational needs of the department on an exception basis by approval of the Human Resources Department Director.
• City employees who are co-parents with another City employee, will each have an individual right to paid Parental Leave.
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Coordination with Other Policies
• Paid Parental Leave taken under this policy will run concurrently with leave under the FMLA, CFRA and POL.
• If a City holiday occurs while the employee is on Paid Parental Leave, such day will be charged as holiday pay and will not be counted against the employees 30 days of Paid Parental Leave.
Requests for Paid Parental Leave
• The employee must provide his or her supervisor and the Human Resources Department with notice of the request for leave at least 30 days prior to the proposed date of the leave ( or if the leave was not foreseeable, as soon as possible).
• An employee who does not give 30 days' notice must explain why such notice was not practicable.
• The employee must complete the necessary Human Resource Department forms and provide all documentation as required by the Human Resource Department to substantiate the request.
• Employees may request to start their Paid Parental Leave up to two weeks prior to the birth/placement of the child.
The City has the exclusive right to interpret this policy.
The City retains the right to review the Paid Parental Leave program at the end of the contract term to evaluate the program impact on operations. The parties will agree to meet and discuss modifications to the program to address unforeseen fiscal and/or operational impacts.
Section XI - Preservation of Sick Leave (Vacation) During Extended Leave Whenever a permanent employee has requested an extended leave of absence (more than 30 days), the employee may be permitted to retain up to eighty-hours of sick leave/vacation/holiday pay in the system. However, previously scheduled vacation time may be preserved in addition to the 80-hour limit.
Section XII - Integral Part Trust (Post Employment Medical Benefits) The City of Long Beach ("City") and the Long Beach Police Officers Association ("LBPOA") agree, in accordance with the Internal Revenue Service Private Letter Ruling (PLR-116685-99), to the establishment of a Post-Employment Medical Benefits Program for each represented member, through the establishment of an Integral Part Trust. The purpose of the trust is to provide for reimbursement of medical expenses incurred upon retirement. Deposits into the account and subsequent withdrawals for medical expenses are governed by the Internal Revenue Code and IRS regulations.
Said Trust will be funded from the following sources:
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A. Upon retirement, portions of the employee's accumulated sick leave, which have been exclusively designated for payment of health and/or dental insurance premiums in accordance with Personnel Ordinance Section 2.10, may be deposited in the employee's plan account in accordance with the following:
1. If an employee chooses to remain in the City's health insurance program, the following payments will be made within the first month after the employee's retirement, from the employee's unused sick leave account, until the funds in the account are exhausted:
a. The total amount of health and/or dental insurance premiums based on the employee's choice of City-provided plans will be paid from the employee's unused sick leave account.
b. In addition to subsection A (1)(a) above, the City will deposit $1,200 per year, on a pre-tax basis, into the employee's plan account within the first month after the employee's retirement. The amounts will come from the employee's unused sick leave account.
An employee who retires in any month other than December will receive a prorated amount based on the number of full months remaining in the calendar year after their retirement date. For example, if an employee retires June 30, of the year, $600 will be deposited in the employee's plan account during the month of July ($1,200/12 months = $100 x 6 months = $600).
2. If an employee chooses to withdraw from the City's health and dental insurance programs, the City will make the following payments into the employee's plan account. These payments will come from the employee's unused sick leave account. The payments will be made within the first month after the employee's retirement and will be made on a pre-tax basis.
The City shall contribute $10,752 to the employees RHS account each year of the contract. This amount was derived by adding the City's health insurance contribution on the beginning date of the contract plus $100 per month.
An employee who retires in any month other than December will receive a prorated amount based on the number of full months remaining in the calendar year after their retirement date.
In no event will the City pay any amount which exceeds the cash equivalent value of the employee's unused sick leave hours at the employee's effective retirement date.
B. In accordance with current City policy, when a retiree withdraws from the City's health insurance program and is no longer participating as an employee or dependent, he/she will not be permitted to re-enroll at a later date. 32 LBPOA 2022-2025
C. Any represented employee who retires on or after December 1, 1998, will be eligible for the Integral Part Trust.
D. The following will be appointed as trustees: Director of Human Resources, City Treasurer and one representative from the Long Beach Police Officers Association.
E. The parties agree and understand that the final parameters of the program must be approved by the IRS and shall be subject to their rules and regulations.
Section XIII - Jury Duty
Employees will be limited to forty hours of paid jury time each calendar year. Upon request, Officers will be assigned to a day work schedule while on jury service.
Section XIV - Bereavement Leave
A. Permanent full-time and permanent part-time employees may be allowed to be absent from duty for a period not to exceed three (3) scheduled workdays and will receive full compensation during such absence upon the necessity for their absence, and with the consent of the employee's department head, in the case of death, or of critical illness where death appears imminent of such employee's immediate family member.
B. An immediate family member shall be defined as the employee's: spouse, child, parent including in loco parentis, sibling, parents or siblings of spouse, grandparent, grandchildren, stepchildren, stepparents, step siblings, foster child or domestic partner as defined by State law.
C. An employee requesting paid bereavement leave due to death or critical illness of immediate family member, may be required to furnish satisfactory evidence of such death or critical illness to the Department head.
D. Bereavement leave must be taken within 60 days of immediate family member death.
E. Employees shall be eligible for three (3) paid bereavement leave days per eligible family member death, with a maximum of three (3) occurrences in a calendar year.
F. In addition to approved paid bereavement leave, eligible members under the Section above, may also use up to three (3) days of accrued sick leave, per occurrence, for the death or critical illness of each eligible family member.
G. Police Recruit and Non-Career employees are not eligible for paid bereavement leave.
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Section XV - Military Leave
Military Leave supplemental benefits shall be in accordance with Appendix "D" as extended by City Resolution C-28492 (adopted 12/07/04).
During the term of the Memorandum of Understanding (MOU), the City and the Long Beach Police Officers Association (LBPOA) agree to engage in further discussions regarding Military Leave with the mutual goal of updating the City's Military Leave policy.
No changes to the current term and conditions of employment may be made during the term of this MOU without the mutual agreement of the Association and the City. 34 LBPOA 2022-2025
ARTICLE FOUR
HEALTH INSURANCE BENEFITS
Section I - Health, Dental and Life Insurance
A. The City shall contribute by way of obligation for health, dental, vision and life insurance benefits, the maximum amounts for tiered enrollment (single, two-party and family coverage) based on City Council approval of the annual Benefits Package, for employees in permanent full-time positions.
1. Employees may change benefit coverage during open enrollment. A change in benefit coverage may result in a change in the employee payroll deduction.
The employee payroll deduction will be based on the City's annual rate schedule and will include any increases incurred up to the date of the change.
B. Effective every January 1st during the term of this Agreement and thereafter, increases in the costs for the health, dental and life insurance plans selected by employees shall be borne by the employee in the manner set forth below. The portion of this increase paid by the employee shall be added to the existing payroll deductions for that coverage, but will not exceed the following amounts:
1. On January 1, 2017 and every January 1st thereafter during the term of the Agreement, employees with single or two-party plan health coverage, shall pay thirty percent (30%) of the increase or $25 whichever is less, over the rates in effect in the prior year for the plan options selected. The $25 cap will also apply to employees with family plan health coverage in plan year 2017.
2. Beginning January 1, 2018, employees with family plan health coverage shall pay thirty percent (30%) of the increase or $30, whichever is less, over the rates in effect in the prior year for the plan options selected.
3. If the employee's portion is in excess of their cap ($25 for single or two-party coverage or $30 for family), the increase over the cap will be carried forward to the next year and added to the employee's portion of the next year's increase until the carryover amount is exhausted or the increase equals the cap, whichever is less.
The carryover of the remaining employee portion over the cap will continue forward each year, maintaining the respective caps, until the carryover amount is exhausted by adding it to the employee's portion.
C. The Association shall maintain one representative on the City's Health Insurance Advisory Committee (HIAC). The representative shall be enrolled in one of the City's health insurance plans.
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Each year the Health Insurance Advisory Committee (HIAC) meets to review the status and solvency of the health, dental, vision, and life insurance plans. The Committee reviews plan costs and makes recommendations to the City Manager on plan changes, benefit levels, and addition or deletion of plans.
The Health Insurance Advisory Committee will recommend to the City Manager the benefits for the various plans for the period January 2017 through the term of this Agreement. Every effort should be made to have these recommendations to the City Manager by September 15th of each year. The City Manager will consider these recommendations prior to making their final recommendations to the City Council for any changes to plan design. If the City Manager's recommendations to the City Council differ from the recommendations received from the HIAC, the City Manager will advise the Association of their recommendations in writing, at least seven (7) calendar days before they submit them to the City Council for approval.
The parties agree to work cooperatively and discuss options to continue to provide quality, affordable healthcare to members of the bargaining unit. The parties agree to work through the HIAC to manage future employee benefit program cost increases. To that end, the parties agree, during calendar year 2017, to retain a professional health consultant to assist the Association to review the 2018 health plan renewal as specified in Appendix "B" of this Agreement.
Section II - Continuation of Health Insurance for Surviving Spouse and/or Eligible Dependents of Retired Employee
A. Accumulated unused sick leave that has been designated for continuance of health insurance coverage by an employee who has retired shall, upon the death of the employee, be utilized for the purpose of continued payment by the City on the basic health insurance plan premium for the spouse and/or eligible dependents providing:
1. The retired employee has an effective retirement date of July 1, 1983 or later; or
2. The retired employee did not predecease the surviving eligible dependent prior to July 1, 1983.
B. Said premium payment shall continue until:
1. The spouse remarries;
2. The dependent child becomes 26 years of age;
3. The spouse becomes eligible for Medicare, at which time and in the same manner as those retirees and dependents subject to Section 2.11 of the Personnel Ordinance, the premium payment will be adjusted to pay for the 36 LBPOA 2022-2025
Medicare supplement plan underwritten by the City's indemnity insurance carrier;
4. There is insufficient accumulated unused sick leave to pay the required monthly premium.
C. Continuation of Health Insurance for Surviving Spouse and/or eligible dependents of members deceased as a result of their employment, but not killed in the line of duty:
1. The City will deposit 2000 hours of Sick Leave into the deceased employees account for the purposes of providing a continuation of Health Insurance for the Surviving Spouse and/or eligible dependents if it is determined by a Workers' Compensation judgment that the deceased member's cause of death is deemed related to the member's employment.
2. Said premium payment shall continue until:
a. The dependent child becomes 26 years of age.
b. The spouse becomes eligible for Medicare, at which time and in the same manner as those retirees and dependents subject to Section 2.11 of the Personnel Ordinance, the premium payment will be adjusted to pay for the Medicare supplement plan underwritten by the City's indemnity insurance carrier; c. There is insufficient accumulated unused sick leave to pay the required monthly premium.
3. The benefits of this provision will be eligible only to the dependents of the deceased Officer at the time of his/her death.
Section Ill - Life and Accidental Death and Dismemberment The City shall provide an amount of life and accidental death and dismemberment insurance equivalent to $20K Life to permanent, full-time employees. The City will make available to members the opportunity to purchase, at their own cost, additional term life insurance at group rates.
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Section I - Retirement Provisions
ARTICLE FIVE
RETIREMENT
A. Maintenance of Existing Retirement Provisions
For members of the bargaining unit employed in those classifications set forth in Appendix A on the effective date of the Agreement, the City will continue to provide 3 percent at 50 pension benefits to Tier I and Tier II employees in accordance with the Public Employees' Retirement System contract in effect for each of these Tiers on the effective date of this Agreement. Effective October 1, 2011, the City shall contribute to PERS on behalf of each bargaining unit member covered by this Agreement, zero percent (0%) of his or her nine percent (9%) employee contribution.
Should an employee hired under Tier 11, terminate service prior to retirement and elect to withdraw his/her retirement contributions from PERS, it is intended that the City will pay to the employee two percent (2%) and applicable interest of the employee's regular compensation for that portion of service worked between April 21, 1990 through June 29, 2001. Regular compensation includes applicable wages, skill pay, incentive pay, etc., but does not include overtime, employer contributions to deferred compensation, or other forms of compensation not subject to PERS.
B. Post-Retirement Health Insurance Account Supplement
Retirees who retired between September 30, 2009 and December 31, 2011 receive a supplement to their Post-Retirement Health Insurance Account in accordance with the mutually agreed to supplement plan (see Appendix B POA MOU 2009-2014).
C. Pension Formula Change
1. Employees hired between October 1, 2011 and December 31, 2012 shall be provided a new retirement formula of 2.0 percent @ 50 (2.7 percent @ 55).
These employees shall contribute from their annual salary an employee contribution of 9 percent to Cal PERS. Final compensation for employees hired on or after October 1, 2011 will be calculated based on a three-year average.
2. Those employees hired on or after January 1, 2013, who are new members to CalPERS shall receive the new retirement safety formula of 2.7 percent@ 57 in accordance with Government Code section 7522.04.
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D. Report the Value of Employer-Paid Member Contribution (EPMC) - Special Compensation
Effective October 1, 2011, the City no longer designates EPMC as compensation earnable and does not report it as such to PERS for unit employees in both Tier I and Tier II.
E. Cost Sharing by Classic CalPERS Members
1. Classic safety employees contribute 3.0 percent of compensation earnable toward the City's required employer contribution to CalPERS, via payroll deductions pursuant to California Government Code Section 20516(a), This Classic safety employees cost sharing contribution is in addition to the 9 percent statutory employee contribution already paid by the employee, and will increase the employee's contribution to a total of 12.0 percent.
2. The employee cost sharing contributions will be made on a pre-income tax basis as allowed under Internal Revenue Service Code Section 414(h)(2) or as otherwise provided by law.
3. It is the intention of the parties that the Classic member cost sharing contributions shall continue beyond the term of this MOU, and until otherwise amended through the normal collective bargaining process.
4. The Long Beach Police Officers Association acknowledges and agrees that if this MOU expires without a successor MOU in place, the cost sharing contributions shall continue in the same manner as they were prior to expiration of the MOU.
5. If, for any reason, the cost sharing provisions of this MOU are not enforceable, whether by operation of law, a ruling by a court or administrative proceeding, or otherwise, the parties agree to re-open the MOU solely to collectively bargain over the effects of this change.
6. Because Classic CalPERS members have voluntarily agreed to contribute an additional 3 percent toward the City's pension costs, both parties agree that members have reached the maximum employee contribution of 12 percent allowed under Government Code Section 20516.S(b). Both parties agree that imposition of any additional member contribution is not currently permitted, as specified in Government Code section 20516.S(c).
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ARTICLE SIX
OTHER BENEFITS AND WORKING CONDITIONS
Section I - Parking for Members
Association unit members shall be provided parking without charge on City contracted or operated property.
1. The City will make every effort to provide secure and safe parking for employees.
2. The City will enforce all applicable City parking regulations.
3. The City will be responsible for providing repair, cleaning, striping and other maintenance at city parking facilities. 3. The City will be responsible for providing repair, cleaning, striping and other maintenance at city parking facilities.
4. The City shall abide by the above provisions unless said provisions are in conflict with regulations promulgated by the AQMD. In said event, the City shall meet and confer with the Association regarding the impact of any required changes.
Section II - Uniform Replacement
All items required to be worn in the Uniform and Equipment Specifications Manual of the Long Beach Police Department shall be replaced at the discretion of the Police Chief or his designee on a fair wear-and-tear or damaged basis.
Section Ill - Hours and Schedules
The Chief of Police shall assign all bargaining unit members to a 4/40 work schedule during the term of the Agreement unless otherwise agreed to by the Police Officers' Association.
Section IV - Certification
In accordance with the budgeted authorized strength of the Long Beach Police Department, the City agrees that a vacancy in a rated position may be deemed to exist upon the last physical on duty day of the terminating employee.
Section V - Work Permits
The Chief of Police will make the final decision, which shall be grievable. 40 LBPOA 2022-2025
Section VI - Internal Affairs Investigations
Every attempt will be made to complete Internal Affairs investigations within one hundred and eighty (180) days of the filing of the initial complaint. Employees or their representatives may request the status of their case at any time.
Effective October 1, 2019, when Internal Affairs investigation has concluded and the Chief of Police has reached a disposition on the case, an employee who is the subject of an investigation shall be advised in writing of the Chiefs disposition within 30 days of such decision.
Section VII - Gun Reimbursement
Permanent Police Officers, no later than twelve (12) months after successful completion of their initial probationary period, may request a one-time reimbursement of up to five hundred dollars ($500) for the purchase and use of their own service weapon, upon return of their city-issued weapon.
Section VIII - Work Related Activities
All uniformed employees will be allowed ten (10) minutes at the beginning of their regularly scheduled shift specifically for work related activities. In addition, they will be allowed fifteen (15) minutes at the end of their shift for work related activities.
Section IX - Public Records Requests
When the department receives a public records request for records made available pursuant to Senate Bill 1421 (as adopted on September 30, 2018), the following process will be followed:
1 . The department will notify the requester whether responsive records exist, in accordance with section 6253(c) of the California Government Code.
2. If the department determines responsive records exist, the department shall notify the involved active employee(s) on the same day the requester obtains notice.
3. Except where the disclosure of such information is prohibited or in the City's discretion is exempted by law, the involved active employee's notification shall include: the date of the request, the requester name and/or organization, and the nature of the information requested.
4. The department will provide the involved active employee(s) with an opportunity to review the redacted records at least five calendar days prior to public release.
5. The involved active employee(s) will be allowed to retain a copy of the records that are subject to public release.
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Section X - Probationary Training Police Recruits
1. During the term of this MOU, the parties agree to include and incorporate the following change into the department manual. Technical language changes to the verbiage below must be agreed upon by both parties prior to implementation into the department manual.
2. During the term of this MOU, the parties agree to include and incorporate the following change into the department manual. Technical language changes to the verbiage below must be agreed upon by both parties prior to implementation into the department manual.
3. During the term of this MOU, the parties agree to include and incorporate the following change into the department manual. Technical language changes to the verbiage below must be agreed upon by both parties prior to implementation into the department manual.
4. Starting with Academy Class 93 and following classes, probationary employees in field training will be subject to the following:
a. Phase 1 Training: An entry level officer must successfully complete the requirements of a Basic Police Academy as set forth by the California Commission on POST. Typically, Phase 1 is completed upon graduation from a certified basic police academy.
b. Phase 2 Training: Probationary officers must successfully complete a minimum of 20 weeks of Phase 2 training with a qualified Field Training Officer (FTO) followed by 4 weeks of role reversal training with a qualified FTO.
Phase 2 training period may be extended as necessary.
c. Phase 3 Training: Upon successful completion of Phase 2 training, probationary employees must complete a minimum of 16 weeks of Phase 3 training with a qualified FTO. Phase 3 trainees shall have an additional 4 weeks of training. The training topics during these 4 weeks shall be determined by the Chief of Police. Phase 3 trainees shall not be moved to Phase 4 or counted towards patrol minimum staffing numbers until they have successfully completed these 20 weeks.
d. Phase 4 Training: Phase 4 is intended to be the final eight weeks of probationary training but will not occur before the successful completion of Phase 3 training. Phase 4 trainees will be required to work with a partner. Non probationary officers who would normally be entitled to solo patrol premium and are assigned to work with a Phase 4 trainee will be entitled to FTO pay for every hour worked with the Phase 4 trainee.
5. Probationary officers while still in training shall not be allowed to sign up for special event or contract service overtime assignments. Probationary officers shall not be subject to inverse overtime.
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6. Training of probationary officers in positions outside of normal Patrol calls-for service requires mutual agreement between the department and the POA.
7. Lateral transfer officers shall have their probationary period determined by the Chief of Police.
Section XI - Documented Counseling
All documented counseling and retraining shall be removed from an employee's personnel files within one year. It is the employee's responsibility to check their personnel files for accuracy. If the employee believes a documented counseling or retraining document has been in their file beyond one year, they shall submit a written memo to their division commander requesting removal of the document. The involved employee shall not remove documents from their own file.
Section XII - Take Home Motorcycles
A. The City agrees to allow POA Bargaining Unit members to ride assigned police motorcycles to and from work each day.
B. Effective the first full pay period after Council adoption, Unit employees may be allowed by the Chief of Police or Designee to take home their assigned City motorcycle, provided the following conditions are met:
1. Unit employees must reside within a sixty (60) mile radius from the City limits.
2. Motorcycles must be kept in a secure and covered facility at the employee's residence.
3. Bargaining Unit employee must maintain motorcycle in a clean condition.
4. Maintenance and cleaning for their assigned motorcycle is to be performed solely during work hours.
5. During periods of leave exceeding forty (40) hours, the Chief of Police or Designee may require that the motorcycle be garaged at a Police facility for repair or deployment.
6. This privilege may be revoked at any time by the Chief of Police or Designee. 43 LBPOA 2022-2025
Section I - Grievance Procedure
ARTICLE SEVEN
GRIEVANCES
It is hereby agreed and understood that the following procedures shall be utilized by the City, and by any Officers who are represented by the Association as the method by which applicable disputes are resolved.
Section II - Definitions
A. A grievance is an allegation by an employee that the City has violated the terms of this Agreement.
1. Disputes over the terms of any proposed collective bargaining agreement or Memorandum of Understanding between the City and the Association are excluded from this procedure.
2. Disputes over matters subject to review by the Civil Service Commission cannot be grieved.
3. Disputes over matters which are subject to State or Federal law and which are reviewable by State or Federal administrative agencies cannot be grieved. For example, equal employment opportunity matters.
4. A grievant is a member of the unit who has been harmed by the alleged violation.
B. A "day" is a calendar day.
Section Ill - Procedure
A. A complaint shall be presented orally or in writing directly by the employee to the immediate supervisor within ten (10) calendar days from the event or events on which the grievance is based.
B. The immediate supervisor will attempt to resolve the grievance within ten (10) calendar days. Upon resolution of the grievance, or on the tenth day after the grievance is presented, the supervisor shall forward a memorandum detailing the grievance and the steps taken to resolve the grievance to the Lieutenant/mid manager.
The Lieutenant will attempt to resolve the grievance within ten (10) calendar days.
Upon resolution of the grievance, or on the tenth day after the grievance is presented, the Lieutenant shall forward a memorandum detailing the grievance and the steps taken to resolve the grievance to the Department Employee Relations Officer.
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C. The Police Department Personnel Administrator will resolve the grievance or he/she shall forward the grievance memorandum and, an additional memorandum detailing the steps taken to resolve the grievance, to the Chief of Police or his designee within ten (10) calendar days.
D. The Chief of Police or his designee shall meet with the grievant within ten (10) calendar days. The Chief of Police or his designee shall render their decision within ten (10) calendar days of hearing the grievance.
Section IV - Appeal to Chief of Police
If the grievant is not satisfied with the results of the Informal Procedure, he/she must appeal it on the Department Grievance Appeal Form to the Police Chief within ten (10) calendar days after the answer of the Deputy Chief or designee. The Police Chief or designee shall meet with the employee within ten (10) calendar days after submission of the grievance to him. Failure to complete the Department form or to submit the form within the time limit automatically disqualifies the grievance. The Police Chief or designee will answer within ten (10) calendar days after the meeting with the employee.
Section V - Appeal to the Human Resources Director
A. If the grievant is not satisfied with the results of the procedure, he/she must appeal it on the Department's Grievance Appeal Form to the Human Resources Director or designee within ten (10) calendar days after the answer of the Police Chief or designee. Failure to complete the Department Form or to submit the form within the time limit, automatically disqualifies the grievance.
B. After receipt of the appeal, the Human Resources Director or designee, shall call for a hearing between the grievant and a representative of the Department. The hearing shall be under the direction of the Human Resources Director or designee and will be opened within ten (10) calendar days. The Rules of Evidence shall not apply in such a hearing. The hearing will be completed within ten (10) calendar days.
C. A written decision shall be given, which may affirm, amend or deny the grievance, within thirty (30) calendar days after the close of the hearing, unless otherwise mutually agreed upon between the City and the grievant.
Section VI -Appeal to the City Manager
A. If the grievant is not satisfied with the results of the Human Resources Director or designee decision he/she may proceed by written request to the City Manager/designee or to arbitration within ten (10) calendar days from the date of the decision.
B. If the matter is referred to the City Manager or designee, the hearing shall be opened within not more than ten (10) calendar days from the date the request is received. The City Manager or designee may affirm, modify or deny the grievance. 45 LBPOA 2022-2025
The decision shall be rendered in writing within ten (10) calendar days from the close of the hearing. The decision of the City Manager will be final and binding.
The rules of evidence shall not apply in such a hearing.
C. If the matter is submitted to arbitration, the following procedure shall apply:
1. Upon receipt of a written request from the Association to refer the disputed matter to arbitration, the parties shall meet and attempt to jointly select an arbitrator. If they are unable to make a joint selection in a period of time not to exceed ten (10) calendar days, either party may request a panel of five (5) arbitrators from the American Arbitration Association;
2. Upon receipt of said panel from the American Arbitration Association, the parties shall meet within ten (10) calendar days, at which time the parties shall determine the arbitrator by the alternate strike method. A coin flip will determine the party to strike first;
3. Any arbitrator appointed must be familiar with employee/management relations in public employment;
4. The arbitrator shall hold such hearings and conduct such proceedings as may be necessary, but such hearings and proceedings shall be conducted in an expeditious and confidential manner with the involved parties only.
Employees called as witnesses shall be released from duty as needed;
5. The rules of conduct of proceedings shall be according to those procedures utilized by the American Arbitration Association;
6. The findings of the arbitrator shall be transmitted only to the parties to the dispute;
7. Each party shall bear the expenses of presenting its own case. Calling of witnesses by either party shall be done with a reasonable amount of constraint;
8. Cost of making stenographic record shall be borne equally; the arbitrator's fee shall be defrayed wholly by the party whose position was not supported by the arbitrator's findings, except in the case of compromise decisions, the arbitrator shall be empowered to allocate the fee;
9. The arbitrator shall not have the authority to amend, modify or add to the provisions of the Agreement.
10. Any issue of arbitrability must first be decided by the arbitrator before proceeding to a hearing on the grievance;
11. The decision of the arbitrator shall be final and binding. 46 LBPOA 2022-2025
Section VII - General Provisions
A. All time periods specified in this section may be extended by mutual consent of the aggrieved employee(s) or his/her representative(s) and management representative involved.
B. The aggrieved employee(s) and representatives(s) shall be allowed reasonable time to participate in the grievance hearings without loss of pay for the time so spent. The cost of witnesses called by either party shall be borne by that party if required to testify when not otherwise required to be on duty.
C. A grievance shall be considered untimely if not presented by the employee(s) within ten (10) calendar days of the alleged grievance.
D. Written grievances shall be on a form provided by the City.
E. Employees who so desire shall have the right to union representation at all stages of this Grievance Procedure.
F. If the complaint is submitted to Step IV, the grievance shall be presented in writing, and the grievance form shall contain information which:
1. Identifies the aggrieved;
2. Contains the specific nature of the grievance;
3. Indicates the time or place of its occurrence;
4. States the rule, law, regulation or policy, which is alleged to have been violated;
5. Indicates the consideration given or steps taken to informal resolution;
6. States the corrective action desired;
7. Gives the names of any person or representative chosen by the employee to enter the grievance;
8. Grievances over Special Detail assignments may be initiated at the Human Resources Director level. The City and the Association will expedite the procedure past that step.
47 LBPOA 2022-2025
ARTICLE EIGHT
TRANSFER POLICY
Section I - General Provisions
A. Transfer is defined as movement from one Division to another. The geographic Patrol divisions shall be considered one Division.
B. Assignment is defined as placement within a Division.
C. Transfers will be made only with the approval of the Chief of Police or his designee.
Section II - Voluntary Transfer
A.
B.
Request for Transfer
1. Except as provided herein, any unit member may at any time request a transfer to an open position within the same job classification. The voluntary transfer procedure will not be used to "bump".
2. An applicant selected for voluntary transfer and the Command Officer making the selection may agree to a minimum and a maximum term of duty in the assignment.
Selection Procedure for Transfer
1. Job announcements shall be posted for a minimum of two weeks prior to the beginning of the selection process. The job announcement shall be publicized throughout the department using e-mail and Watch Reports.
2. The job announcement shall include, but is not limited to: hours and days off, prerequisites of the position, dates that the resume or other qualifying material shall be turned in, and the timetable of the interview process, if any.
3. Once selection has been made, the Command Officer shall notify the Commanding Officer/Administrator of the Personnel Division, so that the appropriate transfer forms can be completed. If an applicant properly grieves the transfer, the Command Officer will provide written reasons for his/her decisions to be used in accordance with the established grievance procedures.
48 LBPOA 2022-2025
Section Ill - Involuntary Transfers
A. Involuntary transfers shall be made at the discretion of the Chief of Police.
B. Every effort will be made to provide the affected employee with a minimum of one pay-period notification prior to being involuntarily transferred.
C. An employee who believes that a proposed transfer is arbitrary or capricious may request a meeting with the City Manager or his designee within 10 calendar days after notification of the transfer. A proposed transfer that has been appealed as provided herein shall not be accomplished until the decision of the City Manager or his designee has been rendered supporting the proposed transfer.
D. Employees may be transferred for disciplinary purposes. The employee being disciplined will be provided with the following in writing by the Chief of Police:
1. The reasons that the employee is being transferred.
2. Corrective action required of the employee to correct the problem that was cause for the discipline. The employee shall have the right to appeal the discipline in writing to the City Manager or his designee within ten (10) calendar days of receiving written notice of transfer. The City Manager or his designee will schedule a meeting with the employee within five days of receiving notice from the employee.
E. The City Manager's decision under Section 111, C. and D. above is final.
Section IV - Special Detail Assignments
A. Special detail assignments shall be utilized by the Chief of Police to move department personnel to a specific assignment for a specific period of time to meet a department need when it is intended to return the individual to their regular assignment at the end of a given period of time.
B. Special detail assignments shall not be used as a form of disciplinary action.
C. Special detail may be used for training or retraining. 49 LBPOA 2022-2025
Section I - Full Agreement
ARTICLE NINE
GENERAL PROVISIONS
A. It is agreed that this constitutes the full and complete MOU between the parties, and that all other matters presented by the parties during the conduct of the meet and confer process which result in this MOU are withdrawn by both parties as matters in dispute for the term of this MOU and may be raised again by mutual consent only.
B. This section in no way inhibits or restricts the City or the Association from the lawful conduct of the meet and confer process regarding issues not presented during these negotiations.
Section II - Implementation
A. This MOU is a recommendation to be jointly submitted by the Long Beach Police Officers Association and the City Manager to the City of Long Beach City Council for final approval. This MOU shall not become binding upon the Association or the City of Long Beach in whole or in part unless and until:
1. The Association has approved these provisions of the MOU in the manner required by its constitution, by-laws, and regulations;
2. The City Council has approved the provisions of this MOU in the manner required by law;
3. The City Council has by ordinance and/or resolution appropriated the monies to fund the economic terms and conditions contained herein. It is understood between the parties that the funding of all the economic terms and conditions contained in this MOU are subject to all current and future applicable Federal, State, and local laws, the City Charter of the City of Long Beach, including but not limited to those relating to contracts, annual appropriations and debt limitation.
Section Ill - Term
The term of this MOU shall commence when the terms and conditions of its effectiveness as set forth in Article Nine, Section II have been fully met, but in no event shall this MOU become effective prior to 0001 hours October 1, 2022. This MOU and all its rights, obligations, terms, and provisions shall expire and otherwise be fully terminated at 2400 hours on September 30, 2025.
50 LBPOA 2022-2025
Section IV - Renegotiation
A. In the event either party to this MOU desires to modify, amend, or renegotiate the provisions of this Memorandum, such party shall serve upon the other party, during the period between April 15, 2025 and May 15, 2025, its written request to commence such negotiations.
B. The parties shall, as soon as practical, serve upon each other their written proposals for modification, amendment, or renegotiation. Upon receipt of said proposals, meet and confer sessions are to commence as soon as possible, but in no event later than June 16, 2025, and shall continue until concluded.
C. Neither a request to commence negotiations nor the commencement of meet and confer negotiations as provided above during the term of this MOU shall relieve either party of its obligations under this MOU unless both parties agree in writing to modify the terms and conditions of this MOU.
Section V - Separability
A. This MOU is subject to all applicable Federal, State, and City charter laws and regulations. If any part or provision of this Memorandum of Understanding is in conflict or inconsistent with such applicable regulation, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby.
B. The provisions of this MOU shall not be binding upon the parties until approved by the City Council and ratified by the Long Beach Police Officers Association general membership. The below signatories, by affixing their signatures hereto, pledge their joint recommendation to the City Council and the Long Beach Police Officers Association general membership for approval, and understand that if the Council fails to accept by ordinance or resolution or the Long Beach Police Officers Association membership fails to ratify this joint recommendation upon presentation, the MOU shall have no force or effect whatsoever. 51 LBPOA 2022-2025
IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed this __ th day of ___ , 2022.
FOR THE POLICE OFFICERS ASSOCIATION:
Richard Chambers
Police Officers Association
Matt Heady
Police Officers Association
Justin Krueger
Police Officers Association
FOR THE CITY OF LONG BEACH:
Thomas Modica
City Manager
Wally Hebeish
Chief of Police
Donald Mauk
Deputy Chief, Police Department
Julissa Jose-Murray
Bureau Chief, Police Department
Susie Oh
Labor Relations Analyst
LBPOA 2022-2025
52 David Whelan
Police Officers Association
Gerrit DeJongh
Police Officers Association
Linda Tatum
Assistant City Manager
Joe Ambrosini
Director of Human Resources
Irma Rodriguez Moisa
Chief Negotiator, AALRR
Christian Cambridge
Labor Relations Officer
Sheree Valdoria
Labor Relations Analyst
APPROVED AS TO FORM:
Charles Parkin
City Attorney
APPENDIX A
Section I - Classifications Represented
Basic Police Unit
Police Investigator - NC
Police Officer
Police Officer - NC
Police Recruit
Police Corporal
Section II - Lower Entry Step for Police Recruit
Police Supervisory Unit
Police Lieutenant
Police Sergeant
While in the Police Academy, Police Recruits shall receive a salary that is 10 percent below Step 1 of Police Officer. Upon being sworn in as a Police Officer, the Police Recruit will be placed at Step 1 of the salary range for Police Officer or other appropriate step as determined by the Chief of Police.
Section Ill - Key Salary Information
Salary Schedule
Rates not yet available, they will be added upon verification of increased amounts. 53 LBPOA 2022-2025
APPENDIX B
SPECIAL ASSIGNMENT PREMIUM PAY
(DETECTIVE/ADMINISTRATIVE/TRAINING}
The City currently designates certain classifications as eligible for Special Assignment Premium Pay to replace the previous Letter of Agreement regarding Detective/Administrative/Training pay. This Special Assignment Premium Pay is intended to be special compensation as prescribed in 2 C.C.R section 571 (a)(4) . This Letter of Agreement between the City of the Long Beach Police Officers Association ("POA") sets forth the parameters for continued eligibility for Special Assignment Premium Pay.
The parties agree to the following effective October 1, 2022:
1. Effective October 1, 2022, the parties agree that Special Assignment Premium Pay) shall be paid to the sworn positions designated on Attachment A unless the parties mutually agree to eliminate this Special Assignment Premium Pay.
2. All bargaining unit members who were receiving "Detective/Administrative Pay" on September 30, 2022, will continue to be "grandfathered" into the Special Assignment Premium Pay and continue to receive the Premium Pay for the duration of time they remain in the previously eligible position.
3. When the previously eligible position becomes vacant due to the incumbent transfer, promotion, retirement, resignation, or other reason, except a qualified temporary leave, the newly assigned person will be subject to the eligibility based on Attachment A.
4. The parties agree that the Chief of Police may authorize positions not currently listed in Attachment A (Police Administrative Officer, Detective or Training) to receive Special Assignment Premium Pay. No position will have administrative, detective, or training pay removed without mutual agreement between the POA and the City.
54 LBPOA 2022-2025
DETECTIVE/ADMINISTRATIVE/TRAINING PAY
(Attachment B)
ELIGIBILITY
As of 10/1 /22
Position Pay Type LT SGT OFF
Detective Staff Detective X X X
Members assigned to perform
investigative tasks, including Internal
Affairs staff.
Special Events Police Administrative X X
Members assigned to support the police Officer
staffing of special events.
Recruitment Staff Police Administrative X
Members assigned to conduct Officer
recruitment and outreach activities.
Information Technology Staff Police Administrative X
Members assigned to support PD IT, Officer
Fleet, and Body Worn Cameras.
FTO Staff Training X X
Members assigned to train employees
as part of a formalized field training
program.
Academy Staff Training X X
Members assigned to train employees
as part of the Basic Academy or
conduct backgrounds.
Advanced Officer Training Staff Training X X
Members assigned to train employees
as part of Advanced Officer Training.
Range Staff Training X X
Members assigned to provide training
and support at the range.
X denotes the position receives this pav
55 LBPOA 2022-2025
APPENDIX C
LETTER OF AGREEMENT
BETWEEN THE CITY OF LONG BEACH AND
THE LONG BEACH POLICE OFFICERS ASSOCIATION
DETECTIVE ROTATIONAL PROGRAM
The parties agree that they have satisfied the terms of the 2019 Letter of Agreement which is Appendix C to the 2019 - 2022 MOU between the City and the Long Beach POA. A a result, the parties have developed and implemented a Detective Rotational Program. The Parties agree that the Detective Rotational Program may be suspended in the future depending on staffing and at the discretion of the Chief of Police. 56 LBPOA 2022-2025
APPENDIX D
MILITARY LEAVE BENEFITS
City of Long Beach
WQrtrfng T~otli.r to Sen111
Date: . December 23, 2002
To: Employees Subject: to Military Service In 2003
From: Kavin Bot•~g Di,..,tor - Human Ro,ources
Subject: Employees Called to MIiitary Duty- Revised for 2003 Memorandum
This memo concerns employees who m~y be called to military duty during 2003. The City Council recently approved a resolution extending, through December 31, 2003, the supplemental banefits for full~time employees Involuntarily called Into active military service In support of the war on terrorism. We want to make you aware of these City benefits, as wen as other benefits to which you may be entitled under state and federal law. This memo revises and s1Jpercedes all previous memos on mllltary leave benefits.
GeNERALPROCEDURES
It is important that you provide written notice to y·our supervisor as far in advance as possible of any anticipated call to rnilitary service, In some cases. this rnay be before you have even received your written orders. When you receive orders calling yao to military service, yoo must submit a copy to your supervisorwho shall foNmrd them to your department's Payroll/Personnel Office. You should also designate someone to act on your behalf for matters retaUng to your military leave benefits. This person should be made aware of the City benefits rorwhich you are eligible while on military loave, and of the procedures required to receive these benefits.
STATE & FEDERAL MANDATED BENEFITS
If you are called to military duty, you may be entitled to benefit$ as provided under · appHcable state and federal laws: the state Military and Veteran's Code (MVC) Sections 389 et saq. and the federal Unifonned Services l:lllployment & Reemployment Rights Act {USERRA) 38 U.S,C. Sections 4301 et seq. Since the . following fs intended to be a summary, the state and federal laws may t1ave additional benefits and conditions that apply. In all c;ases, the state and federal laws shall be controlling,
Wages
State law provides that when you are absent on active military duty or temporary military leave (including active duty for trainlng, encampment, naval cruises, special exercises or similar activities) and have at least one year of City service or cotnbined Cfly and/or military service, you wfll receive your regular salary for U1e first 30 calendar ~§ for any one ni~llt.:ir-y l~ave of abs~nce ,2r during any one fiscal year (i.e., July 1 s to June 30'h), 1 here 1s an exception, 11owever, for Natrona! Guard members called to ac1Jve duty. They are entllted t<Ylhe•first~3o d~fys of pay 57 LBPOA 2022-2025
EMPtOYEES CAtleD TO MtLliARY DUTY- 2003 PAGE 2
regardless af length of City service. Note that there is D..Q. exception for Natlonal Guard members on !gfilQQrao; mllftary leave.
' l,lt.· ,t' •
Accruals
'.: .,..,:..- :~-"'"" . , '· • . ..., . ' . .
Stale law provides that when you are absent on temporary mllltary leave (i.e.1 aclive duty for training, encampment, 11aval cruises, special exercises or simllar actMties) and have at least one year of City service or combined City and/or military service, you will continue to accrue the same vacation, sick leave and holiday privileges f.Qr up to e_maxirnum perjod of '180 da_ys that the you would have received had you not been on leave. Employees absent on active military duty ,are not entitled to si.ck leave or vacation accrual under MVC Section 395.1(b). -r•· Federal law provides tnat when you are absent for mHltary· duty you will continue to accrue the same Civil Service seniority and credit for retirement benefits that you wou!d have received had you oot been on leave.
Reemploymen't Rights
State and federal law provides that you are entitled to reinstatement or reemployment with the Cfty In the same or similar position held prior to being called to rnilltary duty.
SUPPLEMENTAL CITY BENEFITS
In addition to the benefits Indicated above, If you are a full-time officer or employee of the City who has been or is involuntarily called to active mmtary duty wlth t~,e Armed Forces of the Unlta<l States 011 or after September 11, 2001. in support of the war 011 terrorism, you are also entitled to the following additional benefits through December 31, 2003_
Wag8s
You will receive an additional supplemental wage benefit equal to the difference between )'olJr gross pay and allowances from the military and your gross wages from the Cfly.
To receive this supplemental wage benefit you or your designee must submit ea.ch military paycheck stub to Central Payroll (64h floor, City Hall) along with a maillng address. When a mllttary check stub is subrnltted, a paycheck for the difference wfll be generated either as part of the- City's ragLilar pay cycle or upon your return. If you utillze direct deposit for your paycheck, the supplemental wage check will also deposited in your bank account. Your direc:t deposlt paycheck stubs will be mailed to you.
Health/Dental/Life Insurance
You wm contlnue to be eligible for your health, dentali and life insurance benefits.
To maintain this coverage, however, you rnusl continue to pay your normal employee contribution each month. If your military dieok stub is submitted in a 58 LBPOA 2022-2025
E.MPLOYE:tS C.o!\LLIW ro M11..rtAAY Dun'- 2003 PAGE3
llmely manner, the deductions may be taken directly from your supplemel"ltal wage benefit. As an attemattve, you or your designee may send in a personal check for tha employee portion each month. You must make thase payments for your insurance to be continued.
QUESTIONS & PROCEDURES
If you have any addltional questJons regardlng these benefits, feel free to contact your department's Payroll/Personnel Office.
CC: Employee Personnel File
Department Admlnh:itrative Officers
Department Payroll/Parsonnel Assistants
Human Resources " Personnel Analysts
Human Resources - Benefits and Employee Services
Ceritral Payroll
Attachm~1,t
WS:KB:PH
59 LBPOA 2022-2025
APPENDIX E
COVID-19 Testing Quarterly Evaluation
The City and the Association agree to meet, upon request by either party, to discuss the vaccine policy requirements, including mandatory testing for asymptomatic members, for duration of contract or until policy mandate ends. The frequency of meetings will be based upon the frequency of the meetings requests but no greater than once per quarter. 60 LBPOA 2022-2025
APPENDIX F
POA SKILL AND OTHER PAYS
CODE DESCRIPTION CLASSIFICATION AMOUNT RATE BASIS
TYPE
590 Bilingual - For regular and All classifications $1.200 Hourly Flat Rate frequent use of certified represented by
oral and/or written Police Officers
bilingual skills. Association
600 Helicopter Pilot- When Police Lieutenant 8.60% Hourly Step 5 routinely and consistently Police Officer Police
assigned as a helicopter Police Sergeant Officer
pilot. base
hourly rate
601 Helicopter Observer - 4.11% Hourly Step 5
When routinely and Police Lieutenant Police
consistently assigned as a Police Officer Officer
co-pilot or on a crew for air Police Sergeant base
missions. hourly rate
602 Two wheeled motorcycle 5.23% Hourly Step 5
- When performing on a Police Lieutenant Police
two-wheeled motorcycle. Police Officer Officer
Police Sergeant base
hourly rate
603 Detective - When Police Corporal 4.49% Hourly Step 5 regularly assigned to and Police Lieutenant Police
performing administrative Police Officer Officer
and/or investigative duties Police Sergeant base
in the Police Department hourly rate
as determined by the
Chief of Police.
670 Detective2 - When Police Corporal 12.5% Hourly Step 5 routinely and consistently Police Lieutenant Police
assigned to analyze Police Officer Officer
crimes while assigned to Police Sergeant base
homicide detail in the hourly rate
Police Department, as
determined by the Chief of
Police. Cannot be used
in conjunction with
Detective Pay.
610 Canine - Eligible Police Officer 5.23% Hourly Step 5 classifications who are Police Sergeant Police
routinely and consistently Police Lieutenant Officer
assigned to handle, train base
and board a duly certified hourly rate
61 LBPOA 2022-2025
police service dog in
connection with the
performance of his/her
patrol and law
enforcement duties with
the Police Department.
613 Port Security - When Police Corporal 5.23% Hourly Step 5 regularly assigned to Police Lieutenant Police
patrol within the Port Police Officer Officer
Security Unit. Not eligible Police Sergeant base
to receive any other skill hourly rate
pay associated with
responsibilities on the Port
Security Unit, one-man car
pay or FTO pay when
receiving Port Security
Assignment pay.
620 Associates Degree - Sworn Police 2.75% Hourly Step 5 Compensation to eligible Classifications Police
classifications who have Officer
obtained a degree of base
Associate of Arts from a hourly rate
fully accredited Institution.
621 Bachelors Degree - - Sworn Police 5.00% Hourly Step 5 Compensation to eligible Classifications Police
classifications who have Officer
obtained a degree of base
Bachelor of Arts or hourly rate
Bachelor of Science from
a fully accredited
Institution.
622 Masters Degree - - Sworn Police 6.50% Hourly Step 5 Compensation to eligible Classifications Police
classifications who have Officer
obtained a master's base
degree from a fully hourly rate
accredited college or
university.
62 LBPOA 2022-2025
623 60 Units - POA Sworn Police 2.75% Hourly Step 5
represented employees Classifications Police
eligible to receive AA Officer
degree if 60 units towards base
BA/BS for indicated hourly rate
degrees from a fully
accredited college or
university.
686 Longevity 10 years - Police Corporal 5.00% Hourly Step 6 Compensation to eligible Police Lieutenant Police
classifications who have Police Officer Officer
ten ( 10) years or more, but Police Sergeant base
less than fifteen (15) years hourly rate
of service as a Police
Officer with the City of
Long Beach or as a lateral
Transfer to a Police Officer
with prior California Law
enforcement experience.
631 Longevity 15 years - Police Corporal 7.50% Hourly Step 6 Compensation to eligible Police Lieutenant Police
classifications who have Police Officer Officer
fifteen (15) years or more, Police Sergeant base
but less than twenty (20) hourly rate
years, of service as a
Police Officer with the City
of Long Beach or as a
lateral Transfer to a Police
Officer with prior California
Law enforcement
experience.
688 Longevity 20 years - Police Corporal 10.00% Hourly Step 6 Compensation to eligible Police Lieutenant Police
classifications who have Police Officer Officer
twenty (20) years of Police Sergeant base
service or more as a hourly rate
Police Officer with the City
of Long Beach or as a
lateral Transfer to a Police
Officer with prior California
Law enforcement
experience.
63 LBPOA 2022-2025
684 POST Advanced - Police Officer 10.00% Hourly Step 5 Compensation to eligible Police Sergeant Police
classifications who have Police Corporal Officer
obtained a P.O.S.T Police Lieutenant base
Advanced Certificate. hourly rate
689 POST Supervisory - 10.00% Hourly Step 5
Compensation to Police Police Lieutenant Police
Lieutenants who have Lieutenant
obtained a P.O.S.T base
Supervisory Certificate. hourly rate
Only one P.O.S.T.
certificate (Advanced or
Supervisory) can be
applied as a skill pay.
C1 Solo Patrol Premium - Police Corporal 10.00% Hourly Step 1 When regularly assigned base
to a one officer unit in hourly rate
Patrol between the hours of Police
of 1630 and 0730, an Corporal
amount equal to 10% of
Step 1 base hourly rate of
Police Corporal for each
hour worked in a one
Officer unit.
C2 Field Training Officer - Police Corporal 10.00% Hourly Step 1 When assigned by the base
Chief of Police to be Field hourly rate
Training Officer, an of Police
amount equal to 10% of Corporal
Step 1 base hourly rate of
Police Corporal for each
hour worked in that
assignment. Field Training
Officers will be assigned to
train Police Officers during
the 12-month probation
period.
DH Dog Handling - For the Police Officer Minimum 6 Minimum purposes of complying Police Corporal Wage hours wage rate with the Fair Labor per X 1.5
Standards Act, to
64 LBPOA 2022-2025
accommodate employees pay (overtime
for the handling of police period rate)
service dogs off duty, the
parties have agreed to the
following terms and
conditions: of the biweekly
payment, the handler will
be deemed to have spent
six (6) hours off duty every
fourteen ( 14) calendar
days and will be paid for
six (6) hours at the
overtime rate at one-half
(1.5) of the current state
minimum wage, to feed,
exercise, clean and
maintain the police service
dog.
DT Dive - Bargaining unit Police Officer 6.00% Per Step 5 members who have Police Corporal Diem Police
successfully passed entry- Police Sergeant - Officer
level Dive T earn Police Lieutenant Hourly base
qualification and are hourly rate
assigned to the Dive Team
shall be entitled to per
diem pay in the amount
equivalent to six percent
(6%) of Step 5 Police
Officer pay, for each hour
worked while conducting
an approved Dive Team
operational deployment or
operational training.
HP Acting - The Chief of Sworn Police 5.00% Per Salary
Police or designee, may Classifications Diem increase
designate an officer to act - over
in a higher level position Hourly employee's
i.e., Police Officer and existing
Police Corporal for Police pay
Sergeant, Police Sergeant (including
for Police all skill and
Lieutenant/ Administrator incentive
and Police Lieutenant for pay) but
Commander/ Administrator. not more
This is a salary increase than the
over the employee's top step of
65 LBPOA 2022-2025
existing pay (including all the rank
skill and incentive pays) above
but in no event more than them.
the top step of the rank
above them. However,
FTO and One Officer Car
Pay will be included in
existing pay only if the
employee has served 75
percent of their time in
these positions in the past
year.
H2 Acting Overtime Hours - Sworn Police 5.00% Per Acting Pay Employees designated to Classifications Diem Rate x 1.5 act in a higher level - (overtime
position (see HP). This Hourly rate)
code is only applied when
using HP during overtime
(unscheduled hours -
UH).
MA Marksmanship - Sworn Sworn Police Rate Varies Yearly Flat Rate personnel of the Police Classifications (Level)
Department who may be Marksman -
called upon to use $48.00
firearms in the Sharpshooter-
performance of their duties $96.00
and who on a qualifying Expert-
schedule prescribed by $192.00
the Chief of Police attain a Master-
required degree of $384.00
proficiency in
marksmanship.
P1 Solo Patrol Premium - Police Officer 10.00% Per Step 5 When regularly assigned Diem Police
to a one officer unit in - Officer
Patrol between the hours Hourly base
of 1630 and 0730, an hourly rate
amount equal to 10% of
Step 5 Police Officer base
hourly rate for each hour
worked in a one Officer
unit.
P2 Field Training Officer Police Officer 10.00% Per Step 5 When assigned by the Diem Police
Chief of Police to be Field Officer
66 LBPOA 2022-2025
Training Officer, an - base
amount equal to 10% of Hourly hourly rate
Step 5 of Police Officer for
each hour worked in that
assignment. Field Training
Officers will be assigned to
train Police Officers during
the 12-month probation
period.
SW SWAT - Bargaining unit Police Officer 10.00% Per Step 5 members who have Police Corporal Diem Police
successfully passed entry- Police Sergeant - Officer
level Special Weapons Police Lieutenant Hourly base
and Tactics (SWAT) hourly rate
school and are assigned
to the SWAT Team shall
be entitled to per diem pay
in the amount equivalent
to ten percent ( 10%) of
Step 5 Police Officer pay,
for each hour worked
while conducting a SWAT
operational deployment or
an approved SWAT
operational training.
671 Patrol Premium (Hourly) - Sworn 3.0% Hourly Step 5
When routinely and classifications Police
consistently assigned to represented by the Officer
the Patrol Division as POA
determined by the Chief of
Police. Classifications
already receiving other
premium skill pays (i.e.,
Helicopter Pilot, Helicopter
Observer, Motorcycle,
Detective, Canine, Port
Security, Dive, and SWAT)
will not be eligible for the
Patrol Premium Hourly
skill pay.)
67 LBPOA 2022-2025
APR Patrol Premium - When Sworn 3.0% Per Step 5
assigned as qualified relief classifications Diem Police to the Patrol Division as represented by the Hourly Officer determined by the Chief of POA
Police, even if receiving
other premium s~ill pays,
such as Helicopter Pilot,
Helicopter Observer,
Motorcycle, Detective,
Canine, Port Security,
Dive, and SWAT).
Effective October 1, 2025,
this per diem skill pay will
no longer be eligible for
POA members when
already receiving other
premium skill pays listed
above.
68 LBPOA 2022-2025
Skill and Other Pays - Legend
Code The code used to identify the other pay in the payroll system. • Numerical codes are used on the HR-1 to add the other pay to an employee's pay (adjusted rate).
• Letter codes are used to apply the pay on the employee's timesheet. • Numerical codes that can also be applied on a per diem basis will use S1/S2 on the timesheet.
Description The description of the other pay, which includes requirements and other pertinent information.
Classification The classifications eligible for the other pay.
Amount The amount paid based on the rate type or basis.
Rate Type • Hourly represents the amount paid per hour. For sworn Fire positions, hourly represents the daylight hourly amount. • Platoon schedule per diem rates shall be calculated as follows:
daylight hourly rate divided by 1 .4. This calculation accounts for the 56-hour equivalent, as referenced in the MOU.
• Per diem hourly rates shall be the hourly rate times the number of regular hours an employee works in a day.
• Per diem daily rates are a flat daily rate, no matter how many hours the employee works per day.
Occupational skill pays shall be paid to the employee at an hourly rate only if said employee is assigned to regularly perform said occupational skill on a daily basis. If an employee is not regularly assigned to perform said occupational skill on a daily basis, then the additional pay shall be paid at a per diem rate, and said per diem skill pay shall be paid for each work day that said employee actually performs said occupational skill. 69 LBPOA 2022-2025