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HomeMy WebLinkAboutCity Council - 4916 RESOLUTION NO. 4916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION FOR 1980-1981 The City Council of the City of Huntington Beach does hereby resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Management Employees' Organization effective July 5, 1980, 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 and the City Administrator is authorized to execute such Agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of September, 1980. yea ay or ATTEST: APPROVED AS TO FORM: City Clerk ity Attorney APPROVED AS TO CONTENT: APPROVED: y Administrator Director of Personnel and Labor Relations MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding Is entered into by and between the CITY OF HUNTINGT(NN BEACH, a Municipal Corporation of the State of California, hereinafter called 'CITY", and the HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION, a California Association, 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 term and conditions of employment for the fiscal year 1980-1 981; and WHEREAS, 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 Understanding is made, to become effective July 5, 1980, and it is agreed as follows: ARTICLE I 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 whose classifications are listed in Exhibit A, attached hereto and incorporated by reference herein. -1- ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as otherwise expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits and terms and conditions of employment which have been established in prior Memoranda of Understanding, and/or provided for in the Personnel Rules of the City of Huntington Beach. ARTICLE Ill 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 5, 1980, each classification, with the exception of Department Heads and the Superintendent nt of Park Development, shall be Increased by 6 ranges on the Universal Schedule to reflect an approximate increase of 3 percent, as set forth in Exhibit A-1. The position of Superintendent of Pork Development is Y-rated until it equates to the caste for Superintendent dent of! Recreation and Human Services. Effective January 3, 1981, each classification, with the exception of Department Heads and the Superintendent of Pork Development, shall be increased by 4 ranges on the Universal Schedule to reflect an approximate increase of 2%" as set forth in Exhibit A-2. In lieu of such percentage compensation increases, the following Department Heads shall receive merit increases to be paid from a merit pools City Tre usurer/Invest ent Officer, Director of Community Services, Director of Development Services, Director of Finance, Director of Public Works, Fire Chief, Librarian, and Chief of Police. As provided in Resolution . 4912, covering non-associated employees, the Director of Personnel and Labor Relations shall be included in this merit plan. Effective October 1, 1984, the entire merit pool of 5 percent of the salaries of the above noted positions shall -2- be administered to provide salary increases to those enumerated Department Heads on the basis of merit in the form of range adjustments and paid in equal installments every two weeks thereafter as port of payroll checks. The amount of merit increase for each Department Heats included within the merit pool shall be determined by the City Administrator, pursuant to his authority under Charter Section 441; provided, however, that the entire amount of the merit poet shalt be distributed. ARTICLE IV PUBLIC EMPLOYEES RETIREMENT SYSTEM A. Effective July 5, 19M, each employee covered by this Agreement shall be reimbursed once every two weeks an amount equal to 7% of the employee's base salary as a pickup of the employee's contribution, or portion of such contribution, to the Public Employees Retirement System. The above PERS pickup is not base salary but is done pursuant to Section 414(hX2)of the Internal Revenue Code. For retirement purposes, the above pickup shall be considered as compensation and the appropriate PERS deduction shall be made from the above pickup in name of the individual employee. Should any ruling by either the PERS or other State or Federal agency nullify the benefit authorized above, the CITY and the ORGANIZATION agree to reopen negotiations regarding wages and salaries. B. The CITY and the ORGANIZATION agree to elect the provisions of California Government Code Section 209816 regarding continuation of employment beyond age 67. The rules and regulations for certification of an employee's competence to continue employment are set out in Exhibit "B", attached hereto and incorporated herein. C. Effective May 30, 1981, the CITY shall amend its contract with PERS to provide final compensation based on a period of one year, as outlined in Section 20024.2 of the Public Employees Retirement Law. -3- ARTICLE V INSURANCE A. The CITY shall continue to provide group medical insurance to all employees with coverage and other benefits comparable to the group medical plan currently in effect. The 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 (FIM©) Plon 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 an a non-poly 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 aption, at his or her awn 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 $10t0000t $209000, $5D,000 or $itia,U00. Evidence of Insurability is contingent upon total participation in additional amounts. C. The City shall continue to provide a dental insurance plan comparable to that provided under last MOU. Said plan to cover the employee and his or her dependents with total cost of plan to be paid by the CITY. U. When an employee Is off work without pay for reason of medical disability, the CITY shall maintain the employee's insurance premiums during the period the employee is in a non-pay status for the length of said leave, not to exceed twenty-four (24) months. -4- ARTICLE VI INCOME PROTECTION PLAN This program provides, for each incident of illness or injury, a waiting period of sixty during which the employee ma use accumulated side leave vacation calendar :60 endtu f ) �Y� � Y : 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 monthly salary rate of the first $2,250 am 50 percent of the first $1,000 in excess of $2,250, excluding any special pay, up to a maximum of $2,000 per month. The maximum benefit period for disability due to illness shall be two years if under age 63 and if over age 63, until age 65 or 12 months, whichever Is longer. The maximum benefit period for disability due to injury snail be to age 65 or 12 months whichever Is banger. Days and months refer to calendar drays and months. Benefits under the Plan are integrated with Worker's Compensation, Social Security and other non-private program benefits to which the employee may be entitled. Disability is defined as the inability to perform all of the duties of regular occupation during two 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 providerd in the event the individual, due to disability, must engage in other occupation. Survivor's benefits continues plan payment for three months beyond death. A copy of the plan is an file in the Personnel Deportment. ARTICLE Vl SICK LEAVE PAY A. Employees covered by this agreement and on the payroll on November 20, 1978 shall be entitled to the following sick leave payoff plan: -5- 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 percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of 720 hours of unused, accumulated sick leave, except as provided in paragraph D below. 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, up to a maximum 720 fours of such accumulated sick leave. B. Employees hires! after November 20, 1978 shall be entitled to the following sick leave payoff plan: Upon termination, all employees shall be paid, at their then current salary rate, for twenty-five percent (25%) of unused, earned sick leave to 480 tours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours, except as provided in paragraph D below. C. Except as provided in paragraph D below, no employee shall be paid at termination for more than 720 hours of unused, accumulated sick leave. However, employees may utilize accumulated sick leave on the basis of "lost in, first out," meaning that sick leave emulated to excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8. D. Provided, however, that employees who have unused, accumulated sick leave in excess of 720 hours as of the effective date of this Agreement shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs A and B above. In no event shall any employee be compensated upon termination for any accumulated sick leave in excess of the "cool established by this a ra (i.e., 720 hours plus the the amount over 720 hours existing on the effective paragraph pl► date of this Agreement). Employees may continue to utilize sick leave accrued after the effective dote of this Agreement in excess of such "cop" on a 'Mast in, first out" basis. To the extent that any such "capped" amount of excess sick leave over 72D hours is utilized after the effective dote of this Agreement, the maximum compensable amount shall be correspondingly reduced (Example: Employee had 1,000 hours accumulated. Six months after affective date of this Agreement, erployee has accumulated another 48 hours. Employee is then sick for 120 hours. Employee's maximum sick leave "cap" for compensation at termination is now reduced to 928 hours.) ARTICLE Vlll VACATIONS AND HOLIDAYS A. Vacation schedule Is as follows: Years of Service Vacation Allowance One through Four 112 Five through Nine 136 Ten through Fourteen 160 Fifteen and More 192 B. All accrued vacation may be taken after six (6) month's service, and accumulation shall be limited to sixty days. C. Vacation (ond sick leave) accrued time are to be computed from hiring elate cnn iversary. D. upon two (2) weeks' written notification to the Finance Director, 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 employee's anniversary year. E. Once during each fiscal year, each employee shall have the option to convert into a cash payment or deferred compensation up to a total of forty (40) hags of earned vacation benefits. The employee shall give two (2) weeks' advance notice of his/her desire to exercise such option. -7- F. The following ore paid holidays: 1. New Year's Day 2. Washington's Birthday (third Monday in February) 3. Memorial Day (last Monday in May) 4. Independence Day (July 4) S. Labor Cloy (first Monday in September) 6. Veteran's Clay (November 11) 7. Thanksgiving Day (fourth Thursday in November) 8. The Friday after Thanksgiving 9. Chr istmas Day (December 25) 10. Any day declared by the President of the United States to be a national holiday or by the Governor of the State of California to be a state holiday. Holidays which fall on Sunday shall be observed the following Monday and those falling an Saturday shall be observed the preceding Friday. ARTICLE 1X 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 that in any grievance proceeding the aggrieved employee may appear in person and/or by his representative or counsel. B. Procedure: The City Administrator shall cart 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. C. In lieu of the hearing noted in Personnel Mules 19 and 24, the City and the Organization may by mutual agreement submit a grievance to a neutral arbitrator whose decision shalt be final and binding on the parties. -8- D. The parties understand that the Personnel Rules are in the process of revision and agree to meet and confer on such revisions during the term of this Agreement. ARTICLE X VEHICLE POLICY The City Vehicle Use Policy currently in effect shall remain in effect for the duration of this agreement. ARTICLE XI BEREAVEMENT LEAVE AND FAMILY ILLNESS LEAVE Employees shall be entitled to bereavement leave not to exceed three (3) working days per calendw 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. Side leave may be used for on absence due to illness of the employee's spouse or gild when the employee's presence is required at home, provided that such absences shall be limited to five (5)clays per calendar year. ARTICLE XII 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 for non department head personnel and approval of City Administrator for Department Heads. If related to job, such costs shall be approved. Refund shall be made when the employee presents proof to the Finance Director that he or she has paid such costs. ARTICLE XIII UNIFORM ALLOWANCE CITY agrees to provide employees on active duty who are required to wear uniforms with uniforms to the some extent as in the past. -9- ARTICLE XIV 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 Leads. ARTICLE XV PHYSICAL'EXAMINATIONS The Deportment Fads shall be provided once every two years with a City paid physical examination comparable to those provided in the past. ARTICLE XVI TERM This Agreement shall be in effect for a period of one year commencing July 5, 1980, and ending at midnight, July 3, 1981. ARTICLE XVII CITY COUNCIL APPROVAL It is the understanding of the CITY and ORGANIZATION that this Memorandum of Understanding is of no force or effect whatsoever unless curd 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 Understanding this 26 th day of Avast, 1980. CITY OF NTINGTON BEACH APPROVED AS TO FORM: By oyd G. WiM6, C if Adrnin I strafor HUNTINGTON BEACH MANAGEMENT EMPLO ES ORGANI T f on .�,., ` City Attorney B r''r APPROVED; By > By Edwardompson By Director of Personnel and Labor Relations �10. EXHIBIT A-1 CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT July 5, 1980 Management ETployees' Organization Salary Schedule Job No. Title Range Salary 0259 Accountg Officer - 342 2080 - 2576 0211 Asst City Attny 396 2725 - 3375 0218 Asst Dir Dev Sery 369 2378 - 2947 0217 Asst Dir Finance 364 2321 - 2877 0231 Battalion Chief 374 2442 - 3025 0271 Chf Pub Wrks Insp 336 2021 - 2503 0210 City Engineer 413 2964 - 3671 0285 City Treas/In Off 354 2212 - 2739 1.243 C i v Def/Em Sv C rd 309 1766 - 2187 1248 Dept Analyst 282 1539 - 1907 1249 Dept Analyst Sr 304 1723 - 2135 1235 Deputy Attny I 320 1865 - 2309 p y y 1233 Deputy Attny II 358 225 - 2794 1230 Deputy Attny 111 385 2581 - 3196 0293 Dir Commnty Servs 437 3342 - 4141 0295 Dir Public Works 448 3529 - 4371 0292 Director Dev Sery 427 3181 - 3938 0290 Director Finance 411 2935 - 3635 0286 Director Library 386 2591 - 3212 0213 Div Fire Chief 395 2709 - 3357 0230 Division Engineer 380 2517 - 3118 0291 Fire Chief 418 3042 - 3767 0233 Marine Sfty Captn 358 2255 - 2794 0247 Mgr Data Procsng 353 2198 —2725 0243 Planner Senior 342 2080 - 2576 0294 Police Chief 432 3260 - 4037 0235 Pub Info Offic 336 2021 - 2503 1265 Pub Liab Clms Crd 315 1815 - 2250 h 1239 Purchasing Officr 342 2080 - 2576 0249 Sr Hsg & C Dev Sp 342 2080 - 2576 0212 Supt Beach Optn 385 2581 - 3196 0265 Supt Rec & Human Serves 348 2142 - 2655 0257 Supt Pks Trs Ldsp 348 2142 - 2655 0256 Supt Rec & Pks Dv 387 2605 - 3227 0263 Supv Beaches 336 2021 - 2503 0272 Supv Bldg Maint 336 2021 - 2503 0262 Supv License 326 1922 - 2382 0273 Supv Mech Maint 336 2021 - 2503 EXHIBIT A-1 Jo b No. Title Ra_ Ue Salary 0274 Supv Parks 336 2021 - 2503 0269 Supv Rec Adlt Spt 290 1605 - 1990 0268 Supv Rec Aqua Yth 290 1605 - 1990 0267 Supv Rec Com Ctrs 304 1723 - 2135 0266 Supv Rec Hum Sery 304 1723 - 2135 0275 Supv Sewer Maint 336 2021 - 2503 0277 Supv St Tree Mnt 336 2021 - 2503 0276 Supv Street Maint 336 2021 - 2503 0278 Supv Surveying 336 2021 - 2503 0279 Supv dater Maint . 336 2021 - 2503 0280 Supv Water Prod 315 1815 - 2250 0237 Traffic Engineer 364 1413 - 1761 1856 p/0028 CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT January 3, 1981 Management Employees' Organization Salary Schedule Job No. Title Range Salary 0259 Accountg Off i cer 346 2122 - 2628 021.1 Asst City Attny 400 2780 - 3444 0218 Asst Dir Dev Sery 373 2428 - 3009 0217 Asst Dir Finance 368 2368 - 2933 0231 Battalion Chief 378 2493 - 3087 0271 Chf Pub Wrks Insp 340 2059 - 2551 0210 City Engineer 417 3025 - 3747 1243 Civ Def/Em Sv Crd 313 1799 - 2229 1248 Dept Analyst 286 1570 - 1948 1249 Dept Analyst Sr 308 1758 - 2177 1235 Deputy Attny 1 324 1903 - 2357 1.233 Deputy Attny II 362 2300 - 2850 1230 Deputy Attny III 389 2631 - 3259 0213 Div Fire Chief 399 2765 - 3427 0230 Division Engineer 384 2567 -_ 3281 0233 Marine Sfty Captn 362 2300 - 2850 0247 Mgr Data Procsng 357 2245 - 2780 0243 Planner Senior 346 2122 - 2628 0235 Pub Info Offic 340 209 - 2551 1265 Pub Liab Clms Crd 319 1855 - 2297 1239 Purchasing Officr 346 2122 - 2628 0249 Sr Hsg & C Dev Sp 346 2122 - 2628 0212 Supt Beach Optn 389 2631 - 3259 0265 Supt Rec & Human Servcs 352 2189 - 2711 0257 Supt Pks Trs Ldsp 352 2189 - 2711 0256 Supt Rec & Pks Dv 387 2605 - 3227 0263 Supv Beaches 340 2059 - 2551 0272 Supv Bldg Maint 340 2059 - 2551 0262 Supv License 330 1960 - 2430 0273 Supv Mech Maint 340 2059 - 2551 � r Job No. Title Range Salary 0274 Supv Parks 340 2059 - 2551 0269 Supv Rec Adlt Spt 294 1640 - 2031 0268 Supv Rec Aqua Yth 294 1640 2031 0267 Supv Rec Com Ctrs 308 1758 2177 0266 Supv Rec Hum Sery 308 1758 - 2177 0275 Sups Sewer Maint 340 2059 - 2551 0277 Supv St Tree Mnt 340 2059 - 2551 0276 Supv Street Maint 340 2059 - 2551 0278 Supv Surveying 340 2059 - 2551 0279 Supv Water Maint 340 2059 2551 0280 Supv Water prod 319 1855 - 2297 0237 Traffic Engineer 368 2368 - 293 18560/002 B Res. No. 4916 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) sss CITY OF- HUN'TINGTON 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 2nd day of September 19 80 by the following voter AYES: Councilmen: Pattinson, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: Thomas , MacAllister_ K+ , City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California