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HomeMy WebLinkAboutCity Council - 4701 f RESOLUTION NO. 4701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION The City Council of the City of Huntington Beach does hereby resolve as follows: The Memorandum of Agreement between the City of Huntington Beach and the Huntington Beach Management Employees' Organization effective July 8, 1978, 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 City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of November, 1978. Mayor ATTEST: City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney C/y Administrator APPROVED BY INITIATING DEPARTMENT: aa IT,17145�, Director Personnel and Labor Relations MEMORANDUM OF AGREEMENT Between THE CITY OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called CITY) and THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION (hereinafter called ORGANIZATION) PREAMBLE WHEREAS, pursuant to California law, the CITY, acting by and through its designated respresentatives, duly appointed by the governing body of said City, and the representatives of the ORGANIZATION, a duly recognized employee organization, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours, and other terms and conditions of employment for the fiscal year 1978-1979. WHEREAS, as except as otherwise expressly provided herein, all terms and conditions of this Agreement shall ,apply to all employees represented by the ORGANIZATION; and WHEREAS, the representatives of the CITY and the ORGANIZATION desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Agreement is made, to become effective July 8, 1978, and it is agreed as follows: -I- ARTICLE REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Management Employees' Organization is the employee organization which has the right to meet and confer in good faith with the CITY on the behalf of employees of the CITY within the following classification titles: Title Range Asst. Dir. Bldg & Com Dev 724 Asst. City Attorney 729 Asst. Dir. Finance 723 Asst. Dir. Harbors & Bch 727 Asst. Dir. Library 718 Asst. Dir. Ping. & Env. Res. 724 Battalion Chief 723 Chief Public Works Insp. 718 City Engineer 732 Civil Defense/Emerg. Svc. Crd. 713 Dept. Analyst Sr. 712 Dept. Analyst 708 Deputy Attorney 1 715 Deputy Attorney II 722 Deputy Attorney 111 727 Division Fire Chief 727 Division Engineer 726 Econ. Dev. Officer 719 -2- Title Range Marine Safety Captain 722 _ Planner Senior 719 Public Information Officer 718 Purchasing Officer 719 Supt. Parks 720 Supt. Recreation & Hum. Svc. 720 Supervisory Accountant 716 Supervisor Beach 718 Supervisor Bldg. Maint. 718 Manager Data Processing 721 Supv. License 716 Supv. Mechanical Maint. 718 Supv. Parks 718 Supv. Recreation 710 Supv. Sewer Maint. 718 Supv. Street Maint. 718 Supv. Street Tree Maint. 718 Supv. Surveying 718 Supv. Water Maintenance 718 Traffic Engineer 723 ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Agreement shall not change existing benefits and terms and conditions of -3- employment which have been established in prior Memorandums of Agreement, or provided for in the Personnel Rules of the City of Huntington Beach. ARTICLE III SALARY SCHEDULES Employees shall be compensated at monthly salary rates by classification title and salary range during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein. Effective July 7, 1979, the salary schedule for unit employees shall be converted to the nearest dollar range of the Universal Salary Schedule after which a 14 range (7 percent) increase shall be applied to all affected classifications.. ARTICLE IV PUBLIC EMPLOYEES' RETIREMENT SYSTEM Effective July 8, 1978, and through July 7, 1979 each miscellaneous employee covered by this agreement shall contribute two percent (2%) of his gross income to the Public Employees' Retirement System. Each safety employee covered by this agreement shall contribute four percent (4%) of his gross income to the Public Employees' Retirement System. Any excess thereof actually withheld from said employee's salary after July 8, 1978 shall be refunded to said employees on or before July 7, 1979 in three installments equal .or otherwise. -4- Such reimbursement to be paid to employees on the payroll as of the date this agreement is approved by the City Council. ARTICLE V INSURANCE A. The CITY shall continue to provide group medical insurance to all employees with coverage and other benefits comparable to the Blue Cross plan currently applicable to the employees covered by this Agreement. Effective April I, 1977, CITY will assume payment for dependent health insurance effective the first of the month following the month during which the employee completes three (3) years of full time continuous service with the CITY. Any additional premium amounts for the optional Health Maintenance Organization (HMO) Plan will be paid by the employee. For purposes of determining continuous service, there shall be no accrual of hours for the period of time an employee is on a non pay status for a complete pay period. B. Each employee under age sixty-five (65) shall be provided with $40,000 life insurance and $40,000 accidental death and dismemberment insurance paid for by the CITY. Each employee shall have the option, at his or her own expense, to purchase an additional amount of life insurance in the amount of either $10,000 or $20,000, and accidental death and dismemberment insurance in the amount of $10,000, $20,000, $50,000 or $100,000. Evidence of insurability is contingent upon total participation in additional amounts. C. Effective April I, 1977, a dental insurance plan comparable to that in effect with the California Dental Service shall be provided by the CITY. Said plan to cover the employee and his or her dependents with total cost of plan to be paid by the CITY. -5- ARTICLE VI INCOME PROTECTION PLAN i This program provides, for each incident of illness or injury, a waiting period of sixty (60) calendar days, during which the employee may use accumulated sick leave, vacation pay or the employee may elect to be in a non pay status. Subsequent to the sixty (60) day waiting period, the employee will be covered by an insurance plan paid for by the CITY, providing 66-2/3 percent of the employee's salary rate, excluding any special pay, up to a maximum of $1,500.00 per month in accordance with the following: Disability Due Disability Due To Accident To Illness First 60 days As noted above As noted above Next 24 months 66-213% of base pay 66-2'3% of base pay up to maximum benefit up to maximum benefit of $I,500 monthly of $1,500 monthly To age 65 66-2/3% of base pay None up to maximum benefit of $1,500 monthly Days and months refer to calendar days and months. Benefits under the Plan are integrated with Workers Compensation, Social Security and other non-private program benefits to which the employee may be entitled. Disability defined as the -6- inability to perform all of the duties of regular occupation during two years and thereafter the inability to engaged 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 individual, due to disability, must engage in other occupation. Plan will provide 66-2/3 'percent of difference between regular pay and pay of other occupation. Survivor's benefits continues plan payment for three months beyond death. ARTICLE VII SICK LEAVE PAY At involuntary termination by reason of disability, or by death, or by retirement, employees shall be compensated at their then current rate of pay for seventy-five (75%) of all unused sick leave accumulated as of July I, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to July I, 1972. Upon termination for any other reason, employees shall be compensated at their then current rate of pay for fifty percent (50%) of all unused accumulated sick leave. Employees covered by this agreement and on the payroll on the date this agreement is adopted by the City Council shall be entitled to the foregoing sick leave payoff plan. Employees hired after the date the City Council adopts this agreement by Resolution shall be entitled to the following "sick leave pay premium. Upon termination all employees shall be paid, at their current salary rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours accrued but unused. _7_ ARTICLE VIII VACATIONS A. Unused vacation may be accumulated to no more than sixty (60) days/(480 hours). B. Effective the first pay period following City Council adoption of this agreement, following schedule will determine rate of accrual of vacation earned: Years of Service Vacation Allowance One through Four 112 Five through Nine 136 Ten through Fourteen 160 Fifteen and More 192 C. All accrued vacation may be taken after six (6) months service. D. Vacation (and sick leave) accrued time are to be computed from hiring date anniversary. E. Upon two (2) weeks written notification to the Finance Qirector, an employee represented herein shall be entitled to receive his earned vacation pay, less deductions, in advance, prior to his regularly scheduled annual vacation. Such advancements are limited to one during each employees' anniversary year. ARTICLE IX Effective January I, 1979, the holidays of Columbus Day and Lincoln's Birthday will no longer be observed. The holiday hours will be included under Vacation Time, Article VIII. -8- ARTICLE X GRIEVANCES A. Representation. In an effort to encourage the resolution of employee grievances at the level closest to their point of origin, and to further encourage an equitable handling of employee grievances, it is agreed as follows: In a grievance proceeding in which the City Attorney or an outside attorney is furnished by the CITY to the person whose actions are the subject of the grievance, the aggrieved employee may engage a private attorney to represent the aggrieved employee. Where the aggrieved employee is represented by a private attorney, the employee shall be entitled to reimbursement by the CITY for reasonable attorney's fees where the said employee prevails in the grievance; provided further that where the aggrieved employee does not prevail in the grievance, the employee shall reimburse the CITY for the reasonable value of attorney's fees including the value of legal services provided by the City Attorney's office to the person whose action was the subject of the grievance. The hearing officer, at the time of decision of the grievance matter, shall determine and make orders as to the prevailing party and the amount of reasonable attorney's fees. B. Procedure: The City Administrator shall act as hearing officer and shall conduct all hearings and proceedings pursuant to Step 4 of Rule 19 of the Personnel Rules of the City of Huntington Beach. -9- ARTICLE XI VEHICLE POLICY The City Vehicle Use Policy currently in effect shall remain in effect for the duration of this agreement. ARTICLE XII BEREAVEMENT LEAVE AND FAMILY ILLNESS LEAVE Employees shall be entitled to bereavement leave not to exceed three (3) working days per calendar year in case of death in the immediate family. "Immediate family" is defined as father, stepfather, mother, stepmother, sisters, brothers, stepsisters, stepbrothers, mother-in-law, father-in-law, spouse, children or stepchildren. Sick leave may 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 XIII EDUCATION COSTS Education costs shall be paid to employees on the basis of full refund for tuition, fees, books and supplies if required by CITY, or if related to job, upon approval by the department head. If related to job, such costs shall be approved. Refund shall be made when the employee presents proof to the Finance Director that he has paid such costs. -10- ARTICLE XIV UNIFORM ALLOWANCE CITY agrees to provide employees who are required to wear uniforms with uniform allowance consistent with the allowance in effect in their respective departments. ARTICLE XV TIME OFF Employees represented herein shall not be eligible for overtime compensation. However, time off for such employees may be granted by their respective department heads. ARTICLE XVI The parties agree that effective January 1, 1979 the CITY shall grant an inequity wage adjustment for the classification of Recreation Supervisor from Range 710 to Range 712, provided however, the adjustment is allowed under the limitations of Senate -Bill 154. ARTICLE XVII TERM This Agreement shall be in effect for a period of one year commencing July 8, 1978, and ending at midnight, July 6, 1979. -11- ARTICLE XVII- CITY COUNCIL APPROVAL It is the understanding of the CITY and ORGANIZATION 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 o?p-tA day of 1978. CITY OF HUNTINGTON BEACH APPROVED AS TO FORM: By City Adm' istrator By a 2y Nicholas Cou II Dir. Personnel/Labor Relations bor R i Coun el 14 ---�"' HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION Mayor ATTEST By City Clerk By Deputy City Clerk By APPROVED AS TO FORM: f� f y Gail Hit'ton City Attorney -12- Res. No. 4701 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, 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 November , 19 78 by the following vote: AYES: Councilmen: ?Thomas, MacAllister, Bailey, Mandic, Pattinson NOES: Councilmen: None ABSENT: Councilmen: Shenkman, Siebert City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California