Loading...
HomeMy WebLinkAboutCity Council - 4392 RESOLUTION NO. 4392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS ' ASSOCIATION The Huntington Beach City Council does hereby resolve as follows : The Memorandum of Agreement between the City of Huntington Beach and the Huntington Beach Marine Safety Officers ' Associa- tion effective July 1, 1976 , a copy of which is attached hereto and by reference made a part hereof, is hereby adopted and ordered implemented in accordance with the terms and conditions thereof . PASSED AND ADOPTED by the Huntington Beach City Council at a regular meeting thereof held on h 20 f Dec g g the ay o ece ber, 1976 . ATTEST: Mayor Pro Tempore C,fty -M 6rk APPROVED AS TO FORM: APPROVED AS TO CONTENT: _ l✓Q� __ Nicholas Counter III abor Relations Counsel C' y Administrator APPROVED BY INITIATING DEPARTMENT: Dir . Personnel'/'La or Relations x MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH , CALIFORNIA (Hereinafter called CITY) AND MARINE SAFETY OFFICERS ASSOCIATION (Hereinafter called ASSOCIATION) PREAMBLE WHEREAS ,pursuant to California law , the City , acting by and through its designated representatives , duly appointed by the governing body of said City , and the representatives of the Association , a duly recognized employee association , have met and conferred in good faith and have fully communicated and exchanged information concerning wages , hours and other terms and conditions of employment . WHEREAS , except as otherwise expressly provided herein , all terms and conditions of this agreement shall apply to all employees represented by the Association ; and WHEREAS , the representatives of the City and the Association desire to reduce their agreements to writing , NOW , THEREFORE , this Memorandum of Agreement is made , to become effective July 1 , 1976 , and it is agreed as follows : ARTICLE I REPRESENTATIONAL UNIT It is recognized that the Marine Safety Officers Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of the employees of the Huntington Beach Harbors and Beaches Department within the following calssification titles : -1 - Marine Safety Lieutenant Marine Safety Boat Operator Marine Safety Sergeant Marine Safety Officer ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein , the adoption of this Memorandum of AGreement shall not change existingterms and conditions of employment which have been established in prior Memorandum of Agreement between City and the Association . ARTICLE III SALARY SCHEDULES Effective July 1 , 1976 MONTHLY SALARY Title Range A B C D E Marine Sfty Offic 547 1063 1120 1182 1248 1319 Marine Safety Sgt 552 1214 1284 1357 1433 1513 Marine Sfty Lieut 556 1357 1433 1513 1600 1690 Effective July 1 , 1977 MONTHLY SALARY Title Range A B C D E Marine Sfty Offic.. 547 1137 1198 1265 1335 1411 Marine Safety Sgt 552 1299 1374 1452 1533 1619 Marine Sfty Lieut 556 1452 1533 1619 1712 1808 ARTICLE IV SALARY DIFFERENTIALS A. Employees. assigned to duty on the Search and Rescue Team shall receive $50 per month in addition to their applicable salary. B. Marine Safety Officers assigned to summer supervision -2- duty shall receive $50 per month in addition to their applicable salary- C. Each Marine Safety Officer assigned to duty as Boat Operator for six months shall receive a differential of 8 . 50% over the salary rate of Marine Safety Officer for the period of time so assigned . ARTICLE V OVERTIME AND STAND BY PAY A. Employees shall receive time and one half their salary rate for all time worked in excess of forty (40 ) hours during any given payroll week . Employees may elect to receive compensa- tory time off ( to be accrued to a maximum of 120 hours ) in lieu of such overtime pay. B . Stand By Time : Employees required to be on stand by for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours straight time pay ( including the differentials identified in Article IV) for both morning and afternoon court sessions . C. Court Appearance Time : Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three ( 3) hours pay ( including the differen- tials identified in Article IV ) at time and one half. . ARTICLE VI INSURANCE A . The City shall continue to provide group medical insurance to all employees with benefits comparable to those presently in effect. B . Upon the completion of three ( 3) years of service, employees shall have their group insurance premiums for dependent medical coverage paid by the City . -3- C . Effective July 1 , 1975 , employees who have been placed on industrial disability retirement subsequent to January 31 , 1974 shall be eligible to continue to participate in the existing group medical insurance plan at their own cost. Participation shall cease upon the earliest of the following : ( 1 ) the expiration of three ( 3) calendar years following the date of the industrial disability retirement , or (2) the retiree obtaining eligibility for coverage under a comparable medical plan . Retirees who cease to participate may exercise any con- version privileges then in existence . D. Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the City . Effective January 1 , 1977 , employees and dependents shall be covered under a dental plan comparable to that provided for employees under Resolution 4300 , based upon a super composite 4 rate to be obtained by the City ; provided , however , in the event said super composite rate results in an increase in premium in excess of $10 . 00 per month per employee , the amount of said excess shall be deducted from the monthly salary rates for each classi - fication provided for in Article III . . ARTICLE VII INCOME PROTECTION PLAN , The existing long-term disability program provided employees by the City shall remain in effect. This program provides , for each incident , pay up to sixty (60) calendar days at the employee ' s salary rate (excluding overtime but including any special pay in effect at the time of illness or injury) . After the sixty (60) calendar day period , the employee will be covered by an insurance plan paid for by the City which will provide 66-2/3 percent of the employees ' s salary rate (excluding overtime and any special -4- pay) up to a maximum of $1 ,500 a month in accordance with the following : Disability Due Disability Due to Accident to Illness First 60 days Regular pay Regular Pay Next 24 months 66-2/3% of base pay 66-2/3% of base pay up to a maximum up to maximum benefit of $1 ,500 benefit of $1 ,500 monthly monthly To age 65 66-2/3% up to None maximum benefit of $1 ,500 monthly Days and months refer to calendar days and months . Plan integrated with Workmen 's Compensation , Social Secur- ity and other non-private program benefits to which entitled . Disabilitydefined as the inability to perform all of the Y duties of regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education , training or experience. Rehabilitation benefits are provided in the event the indi - vidual , due to disability , must engage in other occupation . Plan will provide 66-2/3% of difference between regular pay and pay of other occupation . Survivors ' benefit continues plan payment for three ( 3) months beyond death . ARTICLE VIII RETIREMENT The City will provide , for all employees represented by the Association whose retirement is effective or whose death occurs 44 after July 1 , 1978 , Public Employees Retirement System retirement -5- benefits computed by utilizing the two percent at age fifty formula commonly referred to as the California Highway Patrol Retirement Plan . ARTICLE IX EDUCATIONAL INCENTIVE PLAN The existing Marine Safety Officers ' Education Incentive Plan shall be maintained as follows : EDUCATION MAXIMUM CONTINUING EDUCATION INCENTIVE COLLEGE TRAINING YEARS OF COLLEGE UNITS MONTHLY LEVEL UNITS POINTS — SERVICE REQUIRED ANNUALLY AMOUNT 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 STIPULATIONS : 1 . College major shall be Marine Science , Police Science , Business Administration , Oceanography , Fire Science. 2. Initial eligibility must be approved by the Director of Harbors and Beaches . An acceptable yearly performance evaluation , signed by the Director of Harbors and Beaches , is. required . No incentive taken away without just cause . 3. Training points approved by the Director may be substituted for college units , on the following schedule : 10 of 30; 20 of 60 ; 30 of 90 . Each twenty hours completed of approved seminars , institutes , etc . are credited with one training point . 4. Pay to be effective on the first of each month following approval . 5 . After 120 units or B .A, approved training points may be substituted for college units without limit . -6- I 6 . Repeat college course credited as determined by the college. 7. Repeat approved seminars , institutes , etc . credited as determined by the Director of Harbors and Beaches . 8. All college units require grade of "C" or better to qualify. 9 . Obtaining transcripts or other acceptable documentation is each employee ' s responsibility. 10 . Employee may choose between approved training points or college units where a choice is abailable . No change allowed once choice is made , no double credit allowed . ARTICLE X SICK LEAVE As of July 31 , 1974 , all sick leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved sick leave is covered under Article VII above . ARTICLE XI FAMILY ILLNESS LEAVE Sick leave m.#y be used for an absence due to illness of the employee's spouse or child when the employee 's presence is required at home , provided that such absences shall be limited to five (5 ) days per calendar year . ARTICLE XII BEREAVEMENT LEAVE Employees shall 'be entitled to Bereavement Leave not to exceed three (3) working days per calendar year in instance of death in the immediate family. Immediate family is defined as father , mother , sister , brother , spouse , children , stepfather , stepmother , stepsisters , stepbrothers , mother-in-law , father-in-law , or stepchildren . -7 - ARTICLE XIII VACATIONS Anniversary Date : For the purpose of computing vacation , an employee ' s anniversary date shall be the most recent date on which he commenced full -time , City employment . Annual Vacation : The purpose of annual vacation is to pro- vide a rest period which will enable each employee to return to work physically and mentally refreshed . All employees shall be entitled to annual vacation with pay EXCEPT the following : (a) Employees who have not completed six (6 ) months con- tinuouse service with the City. (b) Employees who work less than full -time . ( c) Employees on leave of absence . Vacation Allowance : Permanent employees in City service , having an average work week of forty (40) hours , shall accrue annual vacations with pay in accordance with the following : (a) For the first five (5) years of continuous service vacation time will be accrued at the rate of 96 hours per year. (b ) After five (5) years of continuous service to the completion of ten ( 10) years of continuous service , vacation time will be accrued at the rate of 112 hours per year. (c) After ten ( 10 ) years of continuous service to the com- pletion of fifteen ( 15 ) years of continuous service , vacation time will be accrued at the rate of 128 hours per year. (d) After fifteen (15 ) years of continuous service , vacation time will be accrued at the rate of 160 hours per year. No vacation may be taken until the completion of six (6) months of service . Permanent , part-time employees assigned a work schedule of less than 2 ,080 and more than 1 ,040 hours per -8- year shall receive vacation in one-half the amounts set forth above . Vacation — When Taken : No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of 320 hours . Vacations shall be taken only with permission of the department head ; however , the depart- ment head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department . Terminal Vacation Pay : ` No employee shall be paid for unused vacation other than upon t ermination of employment at which time such terminating employee shall receive compensation at his cur- rent salary rate for all unused , earned vacation to which he is entitled up to and including the effective date of his termination . Receipt of Vacation Pay : Upon two week written notification to the Finance Director , each employee shall be entitled to re- ceive his earned vacation pay , less deductions , in advance , prior to his regular scheduled annual vacation . Such advancements are limited to one during each employee 's anniversary year. ARTICLE XIV HOLIDAYS Employees represented by the Association and actively employed by the City , in addition to regular compensation , shall receive each month , pay for one twelfth of the total holiday hours earned for the year based on eight (8) hours per holiday . They shall be entitled to an additional eight (8) hours of pay at their regular rate for special holidays observed by the City beyond those identified in the Personnel Rules of the City. ARTICLE XV UNIFORMS The City shall continue the existing practice of providing and replacing uniforms and safety equipment . -9- ARTICLE XVI EXCHANGE OF SCHEDULE The Department shall allow employees to exchange work schedules and shifts among those of equal rank and ability , providing prior approval is obtained from the Department Direc- tor and the payback of the shift exchange is completed within sixty (60) calendar days . ARTICLE XVII MANAGEMENT RIGHTS Except as expressly abridged or modified herein , the Director of Harbors and Beaches retains all rights , powers and authority with respect to the management and direction of the performance of marine safety services and the work forces performing such services , provided that nothing herein shall change the City ' s obligation to meet and confer as to the effects of any such management decision upon wages , hours and terms and conditions of employment or be construed as granting the Director or the City the right to make unilateral changes in wages , hours , and terms and conditions of employment . Such rights include , but are not limited to , consideration of the merits , necessity , level or organization of City services , including establishing manning requirements , overtime assign- ments , number and location of work stations , nature of work to be performed , contracting for any work or operation , reasonable employee performance standards , including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services . ARTICLE XVIII TERMS OF MEMORANDUM OF AGREEMENT This Memorandum of Agreement shall be in effect for a term -10- of twenty-seven months , commencing on July 1 , 1976 , and ending at midnight on September 30 , 1978. No further improvements or changes in the salaries and monetary benefits of the employees represented by the Association shall take effect during the term of this Agreement and the Association expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the Association which would take effect prior to October 1 , 1978 , and the City of Hunt- ington Beach , through its representatives , shall not be required to meet and confer as to any such request . ARTICLE XIX CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Agreement is of no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach . IN WITNESS WHEREOF , the parties hereto have executed this Memorandum of Agreement this 20th day of December , 1976 . I II DATED : .,1976 CITY OF HUNTINGTON BEACH B C '1ty dmi ni st_rator By '44 ?In APPROVED AS TO FORM: Director of Personn a Labor Relations MARINE SAFETY OFFICERS ' ASSOCIATION J Nich las Counter III By or Relations Counsel 44 By By -11 - 11- 8- 76 CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT MSOA PROPOSAL 7-1-76 Salary increase 7% $8 , 600 7 . 0o 1-1-77 Dependent dental to $10/mo max $ 360 . 40 1-1-77 Boat Operator 8 . 5% differential instead of separate class . 2 boat operators paid 6 mos . each . 1- 1- 77 Shift trade included in Memorandum $8 , 960 7 . 40 7- 1- 77 Salary increase 70 $9 , 200 7 . 0o (12 mos . cost) 9-30-78 Contract termination $9 , 200 7 . 0o Res. No. 4392 STATi OF CALIFORNIA ) COUNTY OF ORANGE ) sst CITY OF HUNTINGTON BEACH ) 1, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City. Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of December 19 76 by the following vote: AYES: Councilmen: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Wieder City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California