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HomeMy WebLinkAboutCity Council - 5292 RESOLUTION NO. 5292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTIN(-"- TON BEACH MANAGEMENT EMPLOYEES ' ORGANIZATION FOR 1983-1984 WHEREAS, after completing the meet and confer process, the city and the Management Employees ' Organization have come to mutual agreement as outlined in the attached Memorandum of Under- standing outlining compensation and conditions of employment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Management Employees ' Organization, effective July 4, 1983, a copy of which is attached hereto and 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/mY ing thereof held on the 22nd day of August , 1983. Mayor ATTEST: APPROVED AS TO FORM: City Clerk ?-L7- F,3 tyAttorney REVIEWED AND APPROVED: TE P ED: City Administrator ief i rative Ser ces August 10, 1983 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION 1983-1984 This Memorandum of Understanding is entered into by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, herein called "CITY", and the HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION, a California Association, herein 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 1983-1984, 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 2, 1983, and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT A. It is recognized that 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- B. On or before January 1, 1984 the parties agree that the Department Head positions of Chief of Administrative Services, Director of Community Services, Director of Public Works, Director of Development Services, Fire Chief and Police Chief may cease to be represented by the ORGANIZATION upon the mutual agreement of each listed department head and the CITY. Salaries, benefits and working conditions for those positions shall be dealt with separately by resolution or ordinance of the City Council. In the event such resolution or ordinance is not adopted, said positions will continue to be represented by the ORGANIZATION. 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 and Departmental 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. ARTICLE IV SALARY In the event that the salary and benefit settlement reached in the meet and confer process with the Huntington Beach Municipal Employees' Association, the Huntington Beach Firemen's Association, the Huntington Beach Marine Safety Officers' Association, or the Huntington Beach Police Officer's Association, or any of them, exceeds a 5% increase in existing salary and benefits, then this agreement shall be reopened for the limited purpose of renegotiating salary and fringe benefits. -2- ARTICLE V ' SYSTEM PUBLIC EMPLOYEES RETIREMENTS S EM A. Each employee covered by this Agreement shall continue to be reimbursed once every two weeks in 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(h)(2) of the Internal Revenue Code. B. Effective July 2, 1983, in the event a member elects Option #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement law, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the CITY'S obligation shall cease. The method of funding this benefit shall be at the sole discretion of the CITY. This benefit is vested for employees covered by this agreement. (Note: The options provide that the allowance is payable to the member until his or her death, and then either the entire allowance (Option #2) or one-half of the allowance (Option #3) is paid to the beneficiary for life.) ARTICLE VI INSURANCE A. The CITY shall continue to provide group medical benefits to all employees with coverage and other benefits comparable to the group medical plan currently in effect. B. Effective January 1, 1984 the group medical insurance plan shall be modified to pay 100% of the usual customary and reasonable changes for out patient pre-admission testing and out patient surgery. -3- C. Effective January 1, 1984, all elective surgeries will require a second surgical opinion from a list of authorized physicians. The City shall provide such list of physicians mutually agreeable to CITY and the ORGANIZATION prior to January 1, 1984. It is understood that should an employee elect a surgical procedure without a second opinion or contrary to the recommendation of a second or third opinion, the benefit charges will be reimbursed at 50% of the normal benefits payable. The CITY and the ORGANIZATION shall develop procedures and definitions to implement this subparagraph prior to its effective date. D. 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 (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. E. 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. F. The CITY shall continue to provide a dental insurance plan comparable to that in effect on July 1, 1983. Said plan to cover the employee and his or her dependents with total cost of plan to be paid by the CITY. G. 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- H. Upon retirement, whether service or disability connected, each employee shall be entitled to cause himself or herself, spouse and dependents to participate fully in the city's group health insurance program at the equivalent of the city's group premium rate. Such participation shall be at employee's expense and upon terms, conditions and restrictions currently in effect. I. CITY agrees to form a joint committee with ORGANIZATION prior to September 1, 1983, to study problems and needs of retired employees, their spouses and dependents relating to health insurance including issues of extending coverage to spouses and dependents of deceased employees and deceased retired employees. ARTICLE VII INCOME PROTECTION PLAN 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 monthly salary rate of the first $2,250 and 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 shall be to age 65 or 12 months whichever is longer. Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, 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 -5- 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 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 on file in the Administrative Services Department. ARTICLE VIII 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: At involuntarytermination b reason of disability, or by death, or by retirement, Y 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 hours of such accumulated sick leave. B. Employees hired 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 hours 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 "last in, first out," meaning -6- that sick leave accumulated in 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 had unused, accumulated sick leave in excess of 720 hours as of July 5, 1980, 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 "cap" established by this paragraph (i.e., 720 hours plus the the amount over 720 hours existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that date in excess of such "cap" on a "last in, first out" basis. To the extent that any such "capped" amount of excess sick leave over 720 hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had 1,OOO hours accumulated. Six months after July 5, 1980, employee 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 by 72 hours to 928 hours.) ARTICLE IX VACATIONS AND HOLIDAYS A. Vacation leave shall be accrued as follows: Years of Service Vacation Allowance First through Fourth Year 112 hours Fifth through Ninth Year 136 hours Tenth through Fourteenth Year 160 hours Fifteenth Year and Thereafter 192 hours B. All accrued vacation may be taken after six (6) months' service. C. Vacation (and sick leave) accrued time are to be computed from hiring date anniversary. D. Upon two (2) weeks' written notification to the Chief of Administrative Services, an employee represented herein shall be entitled to receive his earned vacation -7- 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 eighty (80) hours of earned vacation benefits. The employee shall give two (2) week's advance notice of his/her desire to exercise such option. F. The maximum vacation accumulation shall be 400 hours. G. The following are 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) 5. Labor Day (first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day (fourth Thursday in November) 8. The Friday after Thanksgiving 9. Christmas 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 on Saturday shall be observed the preceding Friday. 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 that in any grievance proceeding the aggrieved employee may appear in person and/or by his representative or counsel. -8- B. Procedure. The City Administrator shall act as hearing officer and shall conduct all hearings and proceedings in nondisciplinary grievances 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 Rules 19 and 20, the CITY and the ORGANIZATION may by mutual agreement submit a grievance to a neutral arbitrator whose decision shall be final and binding on the parties. D. The ORGANIZATION agrees to meet and confer during the term of this agreement, when requested by the CITY, on modification and/or revision of the city Personnel Rules and/or Departmental Rules. ARTICLE XI VEHICLE POLICY The cityVehicle Use Policy currently in effect ("Exhibit B") shall be amended to: (1) Y Y delete the availability of pool vehicles required by Section 4 (II); (2) provide that appointed Department Heads shall have the option of an assigned city vehicle or an allowance of $250 per month plus reimbursement for out-of-town travel at the approved mileage rate; (3) provide that Division Heads who are assigned a vehicle as of date of this agreement may have an option of $200 a month automobile allowance plus reimbursement for out-of-town mileage at the approved mileage rate, or the assignment of a vehicle; and (4) add that employees who are regularly required to travel to perform official city business but do not have an assigned vehicle or automobile allowance shall be provided with a safe vehicle for such business. 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. -9- 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 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 h employee is f to the Chief f Administrative Services that he a e w the ploy presents proof 0 or she has paid such costs. ARTICLE XIII UNIFORM ALLOWANCE CITY agrees to provide uniforms to employees on active duty who are required to wear uniforms to the same extent as in the past. 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 heads. ARTICLE XV PHYSICALEXAMINATIONS Employees covered by this agreement shall be provided once every two years with a city paid physical examination comparable to those provided to Department Heads. On or before September 16, 1983, CITY and ORGANIZATION shall develop a procedure to implement this article to provide that no more than one-half of the eligible employees shall receive examinations in any one fiscal year. -10- ARTICLE XVI TERM This Agreement shall be in effect for a period of one year commencing July 2, 1983, and ending at midnight, June 29, 1984. 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 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 Understanding this 15th day of August, 1983. ;APEPOVED AS O FORM: CITY OF NGTON BEA.QH fV By Gail Hutton Charles W. Thompson City Attorney City Administrator HUNTINGTON BEACH MANAGEMENT APP D EMPLOYEES ORGANIZATION By obert . Fra Chief, Adminiskrative Services By APPROVED: By t Martin J. Mayer Associates N egotiator B B -11- CITY OF HUNTINGTON BEACH ADMINISTRATIVE SERVICES DEPARTMENT July 2, 1983 Management Employees' Organization Salary Schedule Job No. Title Range Salary 0259 Accounting Officer 399 2765 - 3427 0211 Assistant City Attorney 445 3477 - 4307 0231 Battalion Chief 423 3118 - 3862 0271 Chief Public Works Inspector 385 2581 - 3196 0283 Chief of Administrative Services 477 4079 - 5053 0210 City Engineer 462 3782 - 4687 1248 Department Analyst 331 1971 - 2442 1249 Department Analyst, Sr. 353 2198 - 2725 1235 Deputy Attorney I 369 2378 - 2947 1233 Deputy Attorney II 407 2879 - 3565 1230 Deputy Attorney III 434 3293 - 4079 0212 Deputy Director/Beach Super 434 3293 - 4079 0222 Deputy Director, Building 429 3210 - 3975 0221 Deputy Director, Planning 423 3118 3862 0286 Director Library 439 3377 - 4183 0290 Director of Finance 444 3460 - 4287 0293 Director, Community Services 494 4441 - 5502 0292 Director, Development Services 478 4099 - 5079 0295 Director, Public Works 507 4739 - 5871 0230 Division Engineer 429 3210 - 3975 0213 Division Fire Chief 444 3460 - 4287 1253 Fire Administrative Deputy 353 2198 - 2725 P Y 0291 Fire Chief 477 4079 - 5053 0247 Information Systems Manager 423 3118 - 3862 0288 Insurance and Benefits Manager (Y) 404 2836 - 3513 0233 Marine Safety Captain 407 2879 - 3565 1247 Operations Supervisor 353 2198 - 2725 0263 Park/Camp Facilities Supervisor (Y) 376 2467 - 3056 0243 Planner Senior 391 2655 - 3290 0294 Police Chief 485 4247 - 5261 0226 Principle Accountant 363 2312 - 2863 0235 Public Information Officer 385 2581 - 3196 1265 Public Liability Claims Coordinator 364 2321 - 2877 1239 Purchasing Manager 363 2312 - 2863 0249 Senior Housing & Development Sup 391 2655 - 3290 0219 Special Projects Coordinator 428 3195 - 3957 0256 Sup Park Acquisition & Development 403 2822 - 3496 0257 Sup Parks, Trees and Landscape 407 2879 - 3565 6064G -2- Job No. Title Range Salary 0265 Sup Recreation and Human Services 403 2822 - 3496 0272 Supervisor Building Maintenance 385 2581 - 3196 0262 Supervisor License/Property Manager 423 3118 - 3862 0273 Supervisor Mechanical Maintenance 385 2581 - 3196 0274 Supervisor Parks 385 2581 - 3196 0269 Supervisor Recreation Adult Sports 339 2051 - 2539 0275 Supervisor Sewer Maintenance 385 2581 - 3196 0276 Supervisor Street Maintenance 385 2581 - 3196 0277 Supervisor Street Tree Maintenance 385 2581 - 3196 0279 Supervisor Water Maintenance 385 2581 - 3196 0280 Supervisor Water Production 364 2321 - 2877 0266 Supv R & H Services, Sr. 353 2198 - 2725 0268 Supv Recreation & Aquatics Youth 339 2051 - 2539 0237 Traffic Engineer 413 2964 - 3671 1255 Worker's Compensation Coordinator 363 2312 - 2863 6064G Res. No. 5292 STATE OF CALIFORNIA COUNTY OF ORANGE ` ) ss: CITY OF HUNTINGTON BEACH I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City g 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 adjourned meeting thereof held on the 22nd day of August 19 83 , by the following vote: AYES: Councilmen: Patti nson Thomas. Kelly. MacAllister NOES: Councilmen: None ABSENT: Councilmen: Finley, Bailey, Mandic City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California L f