Loading...
HomeMy WebLinkAboutCity Council - 5344 RESOLUTION NO. 5344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH FIREMEN 'S ASSOCIATION 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 Firemen 's Association, effective October 1, 1983, 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 the agreement on behalf of the city. PASSED AND ADOPTED by the City Council of the City of I Huntington Beach at a regular meeting thereof held on the 3rd day of January 1984. ATTEST: APPROVED AS TO FORM: City Clerk City Attorney APPROVED: APPROVED: ity Administrator Fire Chief 1. TABLE OF CONTENTS TITLE PAGE Table of Contents i Preamble I Article 1 Representational Unit 1 Article 2 Salary Schedules 2 Article 3 PERS Pickup 2 Article 4 Hours of Work/Overtime/Compensatory Time/Standby 2 Article 5 Insurance 6 Article 6 Dental Plan 8 Article 7 Sick Leave 8 Article 8 Holidays 8 Article 9 Vacations 9 Article 10 Bereavement Leave 10 Article 11 Court Service 11 Article 12 Educational Incentive Plan 11 Article 13 Retirement 14 Article 14 Compensation for Supervisors 14 Article 15 Early Relief 15 Article 16 Exchange of Schedule 15 Article 17 Administrative Appointment 15 Article 18 Minimum Manning 15 Article 19 Assigned Shift Policy 17 Article 20 Promotional Examinations 17 Article 21 Safety Clothing and Uniforms 18 Article 22 Time Off - Association Business 20 Article 23 Certification in Class 20 Article 24 Foreign Language Differential 20 Article 25 Quarters 21 Article 26 Maintenance of Insurance Benefits 21 Article 27 Reinstatement of Employees No Longer Disabled 21 Article 28 Layoffs 21 Article 29 Precedence 21 Article 30 Severability 22 Article 31 Existing Conditions of Employment 22 Article 32 Management Rights 22 Article 33 Term of Memorandum of Agreement 22 Article 34 City Council Approval 23 List of Exhibits: "A" Salary Schedule 24 "Bit Employee Health Plan Document 25 licit Second Opinion Surgical Program 28 05810 i MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called CITY) and THE HUNTINGTON BEACH FIREMEN'S 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 for the period October 1, 1983 to September 30, 1985, 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 Understanding is made to become effective October 1, 1983, and it is agreed as follows: ARTICLE 1 REPRESENTATIONAL UNIT It is ee recognized that the Huntington Beach Firemen's Association is the employee g g P Y organization which has the right to meet and confer in good faith with the CITY on behalf of employees of the City of Huntington Beach within the following classification titles: Fire Controller Fire Protection Specialist Reserve Firefighter Fire Captain Firefighter Deputy Fire Marshal Supervising Fire Controller Fire Engineer Paramedic Fire Engineer Fire Captain Paramedic Fire Paramedic _I_ ARTICLE 2 SALARY SCHEDULES A. Effective October 8, 1983, the base salary of each employee represented by the Association shall be as set forth in the Salary Schedule attached hereto, as Exhibit "A". Effective October 6, 1984, the base salary of each such employee shall be modified as set forth in Exhibit "A". B. Salary shall be paid on a biweekly basis. By mutual consent of CITY and ASSOCIATION, early payment and other modifications can be made. C. Paychecks shall be ready and available for distribution to each employee by 0700 hours on each pay day at the Joint Powers Training Center, barring unforeseen circumstances beyond the control of CITY. A monthly paycheck stub or memorandum accompanying the paycheck shall contain an itemization of amounts paid under various categories of pay, including educational incentive pay, holiday pay, and all overtime, and shall also contain an itemization of the nature and the purpose of each deduction withheld from the employee's gross earnings. ARTICLE 3 PERS PICKUP Each employee covered by this Agreement shall continue to be reimbursed an amount equal to 7% of the employee's base salary as pickup of the employee's 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. The above pickup shall be credited to the employee's account with PERS. Should any ruling by either the PERS or other State or Federal agency nullify the benefit authorized above, the City and the Association agree to reopen negotiations regarding wages and salaries. ARTICLE 4 HOURS OF WORK, OVERTIME, COMPENSATORY TIME AND STANDBY A. HOURS OF WORK AND PAID OVERTIME 1. All Fire Controllers shall continue to work the ten (10) and fourteen (14) hour shift work schedule presently worked by them, which shall equal eighty-four (84) hours in each two (2) week cycle. For each shift actually worked, Fire Controllers shall receive as compensation for break periods worked, an additional sum equal to one half hour's base salary, which sum shall be added to and become a part of the employee's base salary and shall not be regarded as overtime hours worked for the computation of overtime. -2- 2. All shift employees shall work an average of 56 hours per week pursuant to the current schedule of five 24-hour shifts in a 15-day period with six consecutive days off. 3. Persons assigned to perform fire prevention and/or staff duties shall work an average of 42 hours per week on a 10 hour day in accordance with their present schedule or any other schedule or work week mutually agreed upon by the Fire Chief and the employee. 4. Persons not subject to emergency duty shall work a 40 hour work week of 8 hours per day 5 days per week. 5. Fire Controllers shall receive premium pay at one and one half (1 1/2) times their normal rate for all work performed in excess of eighty (80) hours in any two (2) week pay periods. 6. All sworn employees covered by this Agreement shall be eligible for overtime pay of one and one-half times their hourly compensation for all work performed in excess of the employees scheduled hours in any two (2) week pay period. 7. For Fire Controllers, in each pay period, work performed shall be defined as actual time worked, approved vacation and/or compensatory paid leave and/or up to four hours of paid sick leave and/or leave for industrial illness or injury. For all other employees, work performed shall be defined as actual time worked and/or approved leaves for vacation, bereavement, industrial injury or illness, compensatory time off, and/or compensatory paid leave. Employees will be paid straight time for all work performed up to the scheduled hours in said pay period. 8. An employee who is required to attend a class or seminar to maintain his/her current position shall have his/her related expenses paid by the City. Except in the case of paramedics, if such attendance occurs at a time when the employee is not scheduled to work, he/she shall receive additional compensation of eight hours per day at straight time. Local Orange County attendance shall only be compensated on an hourly basis. 9. Manning vacancies shall be filled rank for rank whenever possible. In the event that a vacancy cannot be filled by voluntary overtime, persons qualified to fill said vacancy may be utilized at the discretion of the Fire Chief to maintain adequate manning levels. In the event that a Fire Paramedic who is scheduled to work on a paramedic unit in order to satisfy minimum manning obligations is absent, such vacancy must be filled by an off duty Fire Paramedic working on a voluntary overtime basis, if available, instead of transferring a Fire Paramedic from a truck company and filling that vacancy by the use of an off duty firefighter on an overtime basis. Any employee who voluntarily works -3- overtime in a different classification shall be compensated at a rate of pay consistent with the classification worked. Any employee who is ordered in to work a lower classification, shall be compensated at the rate attendant to his regular classification. 10. The CITY will maintain and adhere to the overtime system as set out in "Huntington Beach Fire Department Organization Manual, Policy D-3," published as revised concurrently with this Agreement, a copy of which is attached hereto and incorporated herein as Exhibit "B". The overtime system and/or "Policy D-3" may be modified by mutual agreement of the parties at any time during the term of this Agreement. 11. An employee shall be considered to be working if he is called to duty by order initiated by the Fire Chief or his designee. 12. Exchange of shifts shall occur at 0800 hour each day provided, however, that employees shall actually arrive sufficiently in advance of 0800 so as to comply with Fire Department Rule and Regulation Policy B-2, Section 7.37 concurrently existing as of the execution of this Agreement. Said advance time shall not constitute work performed within the meaning of Article 4. 13. Meal periods are paid as hours worked for personnel who are subject to call for emergency duty. B. COMPENSATORY TIME. For all employees other than Fire Controllers and shift employees, in lieu of compensation by cash payment for overtime as provided in Article 4, Section A, such employees may, at their option, and with approval of the Fire Chief, be compensated by compensatory time at a straight time rate on an hour for hour basis. In any pay period where a Fire Controller or shift employee is eligible to receive a cash payment for overtime at time and one half (1 1/2) as provided in Section "A" of this article, such employee may elect to receive compensatory time at straight time in lieu of a cash payment at time and one half (1 1/2). Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time may be taken on an hour for hour basis only with the permission of the Fire Chief with due consideration for the request of the employee and particular regard for the need of the Department. Upon his/her request, any employee may elect to convert all or a portion of compensatory time to a cash payment at time and one half. Any such payment shall be made on the next regular payday following the request, provided the request is made by the end of the previous payroll period. Compensatory time may not be received in lieu of a cash payment for time worked during major emergencies when, in the opinion of the Fire Chief, the City may be eligible for reimbursement from another agency for said cash payment. -4- At the time of any change in the Salary Schedule, any accumulated time which has not been used or paid off, shall be paid in cash at the rate of time and one half (1 1/2) based upon the salary schedule in effect prior to the change. C. STANDBY. Any employee who is ordered to be available on a standby basis for possible recall to duty or who is scheduled to work callback in advance of the time set forth for such scheduling in "Policy D-3," attached as Exhibit "B" hereto, which scheduling is subsequently cancelled, less than 72 hours in advance of the commencement of the scheduled overtime shift, shall receive a minimum of two (2) hours pay at the straight time rate for (1) each work shift the employee is on standby and/or (2) each overtime work shift scheduled in advance and subsequently cancelled. If the employee is ordered to work and commences to work before two (2) hours standby has elapsed, he shall be paid for actual time on standby up to commencement of duty time, at which time the employee is on regular pay status at the straight time rate, except to the extent that such hours worked may qualify for time and one-half based on overtime provisions. D. MINIMUM CALLBACK COMPENSATION. Employees who are ordered to return to duty on other than their regularly scheduled shift shall receive a minimum two (2) hours compensation at straight time pay or pay for actual hours worked, whichever is greater. Actual hours worked shall include approved vacation and compensatory time for purposes of overtime compensation. E. HOLDOVER. An employee who is held over beyond the end of his regular shift shall be compensated for the actual time he is required to remain on duty, computed to the nearest quarter hour. F. REPLACEMENT CALLBACK. When a vacancy exists on any company apparatus so as to cause the available complement to be less than that required under the Minimum Manning provision of Article 18 of this Agreement, the Department will be obligated to fill any vacancy so as to meet such minimum manning obligations by use of off duty personnel on an overtime basis instead of employing relief personnel; provided, however, that in the event an existing engine or truck company is placed out of service those persons previously assigned thereto may be utilized to fill any such vacancy prior to the use of off duty personnel on an overtime basis. -5- ARTICLE 5 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 charges for out patient pre-admission testing and out patient surgery. C. Effective January 1, 1984, those elective surgeries listed on Exhibit "C" only will require a second opinion from a physician who is a qualified Board Certified surgeon in the same specialty as the original surgeon. Once such second opinion is obtained, if the individual elects to have the surgery, the normal benefit will be paid irrespective of the content of the second opinion. Should an employee or covered dependent elect a listed surgical procedure without a second opinion, such employee or dependent shall receive no benefit. The listed surgical procedures shall be considered elective unless the attending physician certifies that the procedure was performed on an emergency basis without reasonable time for a second opinion. All medical costs and expenses incurred in connection with securing the second opinion shall be paid by the Employee Health Care Plan. D. The CITY shall continue to provide 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. E. Effective January 1, 1985, the CITY'S obligation to pay for health insurance shall be limited to the higher of: 1. $350 per month for full family coverage for eligible employees, OR 2. The maximum premium or rate for full family coverage under any plan maintained by the CITY for full family coverage. F. Upon retirement (whether service or disability connected), each employee shall be entitled to cause himself and his dependents to participate fully in the group medical benefits program maintained by the CITY with respect to employees represented by the ASSOCIATION at the equivalent of the CITY's group premium rate. Retired employees exercising this option shall cause the premiums to be paid by the CITY out of any available funds due and owing them for unused sick leave benefits upon retirement, as provided in Article 7; provided, however, that whenever any such retired employee does not have any such available funds with which to cause the premiums to be paid, he shall have the opportunity to provide the CITY with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining shall be converted to a dollar figure, as provided in Article 7, and an estimate shall be provided by the City to the retired -6- employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The CITY shall notify any retired employee whose funds available for unused sick leave benefits are about to be exhausted of such fact in writing by certified mail, return receipt requested, at the retired employee's most recent address of record with the CITY no later than three months prior to the date upon which there will not be sufficient funds to pay premiums. It shall be the individual retiree's responsibility either to insure that there are sufficient sick leave dollars available to pay premiums or to make premium payments at least one month in advance to continue the group insurance in effect. If, following exhaustion of sick leave funds, a retired employee fails to provide the CITY with sufficient additional funds to pay premiums, the CITY shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his coverage to be terminated for non-payment of premiums, and the further right to terminate such coverage if such default has not been cured within thirty (30) days following receipt of such notice. Any retired employee electing to obtain such medical coverage after retirement shall have the further option to terminate such coverage following the provision of thirty (30) days written notice to the CITY, whereupon any funds due and owing him for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thirty (30) days following receipt by the CITY of such notice; provided, however, that once such retired employee elects to terminate such coverage, he shall be precluded from securing it at a later date at the group rate. It is understood that such retiree coverage shall be made available during the term of this Agreement at no increased cost to the CITY. G. The CITY shall provide a Life Insurance Plan for the employees covered by this Agreement. Said plan shall be equal to that provided by Standard Insurance Company Policy 332175-A, Optional Insurance, Section 1B, Plan A, a copy of which is attached hereto and incorporated herein as Exhibit E-1. H. Effective November 1, 1983 the City shall pay to the Association on behalf of each affected employee, on a monthly basis, an amount of $34.18 per member for a Long Term Disability Policy. The City's sole obligation under this paragraph shall be to make payments to the Association in accordance with the above schedule. I. The City shall continue to provide each employee with coverage under the current Accidental Death and Dismemberment Insurance plan in effect for the CITY with a benefit of $50,000 as described in Bankers Life Policy #SR50,935-50 attached hereto and incorporated herein as Exhibit E-3. -7- "Ell i A all J. Except as provided in Section E of this Article, nothing in this Article shall be deemed to restrict the CITY's right to change insurance carriers should circumstances warrant. K. Nothing in this Article shall be deemed to obligate the CITY to improve the benefits outlined in this Article. ARTICLE 6 DENTAL PLAN The CITY shall provide for each employee and his/her dependents the dental and/or orthodonture insurance program contained in PMI Policy #CXP 203, attached hereto and incorporated herein as Exhibit E-4. ARTICLE 7 SICK LEAVE A. Upon termination, employees shall be paid (or have paid on their behalf as provided in Article 5) at their current salary rate for twenty-five percent (25%) of unused, earned sick leave from 480 through 720 hours, and for fifty percent (50%) of all unused, earned sick leave for hours in excess of 720 hours. B. Twenty four (24) hour shift employees shall be entitled to charge up to three (3) shifts per year of sick leave for family sick leave as presently defined in the City Personnel Rules where the attendance of the employee is required. The Fire Chief may authorize an employee to charge additional sick leave for family sick leave in the event of serious illness of an employee's dependent(s) where warranted by the circumstances. ARTICLE 8 HOLIDAYS A. Employees shall be compensated b the CITY in lieu of holidays at the rate of P Y Y .04375 of the employee's monthly salary rate set forth in Article 2, payable each and every pay period. The following are recognized legal holidays: 1. New Year's Day (January 1) 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. Veterans' Day (November 11) 7. Thanksgiving Day (fourth Thursday in November) 8. Friday after Thanksgiving 9. Christmas Day (December 25) -8- B. In the event that a holiday, other than the holidays set forth in Article 8, Section A, is officially declared by the President of the United States, the Governor of the State of California, or the CITY to be a national, state or city holiday, employees shall be compensated by CITY at the equivalent of eight (8) hours at the monthly salary rate set forth in Article 2. C. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. D. Employees designated by the Fire Chief who are required to work regular shifts on the above holidays set forth in Article 8, Section A, shall not be entitled to time off or overtime. E. Any employee who does not work shift work may elect to take time off in lieu of holiday pay as set forth above. In addition, such employee shall receive the equivalent of two (2) holidays (16 hours) as annual vacation accrued over twenty-six pay periods. ARTICLE 9 VACATIONS A. The purpose of annual vacation is to provide 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 in accordance with this Article. B. VACATION ALLOWANCE. Permanent, full time employees shall accrue annual vacations at the 40 hour week accrual rate with pay as follows: 1. For the first four (4) years of continuous service, vacation time shall be accrued at the rate of one hundred and nine (109) hours per year. 2. After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation time shall be accrued at the rate of 125 hours per year. 3. After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of 141 hours per year. 4. After fourteen (14) years of continuous service, vacation time shall be accrued at the rate of 173 hours per year. 5. After twenty (20) years of continuous service, vacation shall be accrued at the rate of 189 hours per year. C. CASH PAYMENT. On two occasions during each fiscal year, each employee shall have the option to convert into a cash payment up to a total of fifty-six (56) hours of earned vacation benefits, provided that no more than fifty-six (56) total hours of earned vacation benefits shall be so converted during any one fiscal year. The employee shall give two (2) week's advance notice of his/her desire to exercise such option. -9- D. VACATION: WHEN TAKEN. No vacation may be taken until the completion of six (6) month's of employment. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accumulated in excess of 320 hours. Vacations shall be taken only with permission of the Fire Chief who shall schedule all vacations with due consideration for the request of the employee and particular regard for the need of the department. Vacation accumulated in excess of 320 hours shall be paid in cash at the straight time rate on the first payday following such accumulation. E. HOLIDAYS OCCURRING DURING VACATION. In the event one or more holidays as set forth in Article 8, Sections A and B, falls within a vacation period of an employee not receiving holiday pay in accordance with Article 8, Section E, said day or days shall not be charged against the vacation allowance as defined in this Article. F. VACATION PAYCHECK. Each employee shall, at his option, by written notice to the CITY Finance Director given at least two (2) weeks prior to the commencement of said employee's scheduled vacation, be entitled to receive his earned vacation pay less deductions in advance of said vacation. Said right to receive advance payment of earned vacation pay shall be limited to one such advancement during each employee's anniversary year. G. VACATION PAY UPON TERMINATION. Except as provided in Article 9-C, no employee shall be paid for unused vacation other than upon termination of employment, at which time said terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to and including the effective date of his termination. H. VACATION AVAILABILITY BY SHIFTS. The Fire Department operates on a three-shift basis, with personnel being assigned to either the "A," "B" or "C" Shift for work scheduling purposes. On each such shift, there shall be four (4) available vacation absences (referred to as "vacation slots"). That is, at any one time, there may be four (4) persons absent from duty on each such shift due to vacation. These slots shall be made available by rank, one to Firemen, one to Engineers, one to Paramedics and one to Captains. Thereafter each additional employee shall be entitled to receive time off for requested vacation leave so long as a qualified replacement is available to serve in his absence. ARTICLE 10 BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed two (2) work shifts for those employees on the twenty-four (24) hour work schedule or three (3) work shifts for all other employees per calendar year in each instance of death in the immediate -10- family. Immediate family is defined as father, mother, sister, brother, spouse, children, grandfather, grandmother, stepfather, stepmother, step-grandfather, step-grandmother, grand children, stepsisters, stepbrothers, mother-in-law, father-in-law, brother-in-law, sister-in-law, stepchildren or wards of which the employee is the legal guardian. ARTICLE 11 COURT SERVICE Employees who are subpoenaed to attend court to serve as witnesses in connection with matters arising out of the course and scope of employment, or who are summoned to perform jury service, shall be entitled to their regular compensation while serving provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors or witnesses, are remitted to the CITY. ARTICLE 12 EDUCATION INCENTIVE PLAN A. Except as provided below, employees shall be compensated by the City for education incentive as follows: 1. Any employee, except Fire Controllers, who has completed 3 years of service with the Huntington Beach Fire Department and has attained an Associate of Arts Degree in Fire Science or an equivalent course of study as determined by the education committee and the Fire Chief shall receive an additional monthly payment of $80.00. 2. Any employee in the classification titles of Fire Captain and Deputy Fire Marshal who has completed six (6) years of service with the Huntington Beach Fire Department and who has attained a Bachelors Degree in Fire Administration or Public Administration (or an equivalent course of study as determined by the education committee and the Fire Chief) shall receive an additional monthly payment of $130.00. B. Notwithstanding the foregoing, any employee currently receiving educational incentive benefits in accordance with the schedule set forth below shall continue to receive the monthly payments entitled there under in lieu of any payment available under Section A of this Article if the current payment exceeds the payment to which the employee would be entitled under Section "A" if any. -11- Education HBFD Continuing Incentive Completed Year of Monthly Education Level Units Tenure Amount Maintenance Units I Cert. in Fire 1 50 6 Science or 30 Units or Firefighter III Certification II 60 Units or 2 $ 70 3 Fire Officer Certification III 90 Units (or 3 $ 90 3 AA Fire Science) or Chief Fire Officer Certification IV 120 Units or 5 $ 110 3 Chief Fire Officer Certification V BA or BS 6 $ 120 0 Degree or Chief Fire Officer Certification C. It is the purpose and intent of the Education Incentive Plan to motivate the employee to participate in and continue with his education so as to improve his knowledge and general proficiency which will, in turn, result in additional benefits to the fire department and to the CITY. When and as certain levels of additional education are satisfactorily completed and attained, the employee will receive additional monetary compensation in recognition of his educational achievement. As used herein, "education" is defined as units in approved college courses or approved special courses, seminars and programs, or a combination thereof. In order to implement the foregoing, the following stipulations shall apply: 1. Participation in the plan shall be available to all employees. 2. An education committee shall be formed and shall be composed of three (3) members. Of said three (3) members, one (1) shall be appointed by the ASSOCIATION, one (1) appointed by the Fire Chief and the the third shall be the Personnel Coordinator. 3. Certification to an education incentive level and to the additional monthly compensation therefor shall commence on the first day of the payroll period the month after approval by the Fire Chief and the Education Committee. -12- 4. An employee who has attained education incentive levels I or II shall, so as to maintain himself therein, satisfactorily complete either two (2) college courses which have been approved in advance by the education committee and Fire Chief, or two (2) special courses, seminars or programs, or any combination thereof, during every two (2) fiscal years, except that one who has attained education incentive level II with an AA degree shall, so as to maintain himself therein, satisfactorily complete either one (1) approved college course or one (1) special course, seminar or program, or any combination thereof. 5. An employee who has attained education incentive level III may, so as to maintain himself therein, satisfactorily complete either one (1) college course which has been approved in advance by the education committee and Fire Chief, or one (1) special course, seminar or program, or any combination thereof, during each two (2) fiscal years. Any employee who elects to not fulfill the foregoing biennial requirement shall revert to and thereafter receive the monthly amount set forth for education incentive level II, but he shall thereafter be reinstated to the monthly amount for education incentive level III upon satisfactory completion of the biennial requirements therefor. 6. An employee who has attained education incentive level IV may, so as to maintain himself therein, satisfactorily complete either one (1) college course which has been approved in advance by the education committee and Fire Chief, or one (1) special course, seminar or program, or any combination thereof, during each two (2) fiscal years. Any employee whoelects to not fulfill the foregoing biennial requirement shall revert to and thereafter receive the monthly amount set forth for education incentive level III, but he shall thereafter be reinstated to the monthly amount for education incentive level IV upon satisfactory completion of the biennial requirements therefor. 7. "Satisfactory completion" of college courses, as referred to in the preceding three (3) paragraphs, shall be attaining a minimum grade of "C." The furnishing of all documentation, including transcripts, to the education committee shall be the sole responsibility of the employee. 8. Degree majors in public administration, fire protection engineering or other closely related fields shall be approved in advance by the education committee and the Fire Chief. 9. Maintenance courses shall be related to job or general education requirements for degree objective as approved by educational institution for degree program. D. An employee who has participated in the education incentive program in excess of five (5) years, and who has conscientiously complied with all of the requirements of the education incentive plan, shall not thereafter be reduced below the highest level attained by said employee. -13- E. All employees not eligible for an Educational Incentive Benefit under one of the above plans shall be entitled to receive full reimbursement for books and tuition expended in connection with approved courses as defined in paragraph C of this Article. Tuition expenses shall be reimbursed at the applicable rate charged by California State Universities unless an employee is attending a Community College, whereupon the applicable rate charged by that institution will apply. The employee shall secure approval to attend a particular course prior to commencing such attendance and reimbursement shall be made upon his providing evidence of satisfactory completion of said course of study, as defined in paragraph C of this Article. ARTICLE 13 RETIREMENT A. The CITY shall provide all safety employees with that certain retirement program commonly known and described as the "2% at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Sections 20952.5 and 21252.01 of the California Government Code, including the one-half continuance option (G.C. 21263 and 21263.1) for safety employees and the survivor option for all employees as established by the California Public Employees' Retirement System, Section 21382 of the California Government Code. B. The CITY shall continue the contract with PERS under which retirement benefits are calculated based upon the employee's highest one year's compensation instead of his highest three consecutive years compensation, pursuant to the provisions of Section 20024.2 (highest single year). C. All "non-safety" employees represented by the ASSOCIATION shall receive the same retirement benefits as provided to other "non-safety" employees of the CITY. D. The obligations of the CITY and the retirement rights of employees as provided in this Article shall survive the term of this Agreement. E. During the term of this agreement, the parties shall study the feasibility of alternative retirement programs. Nothing contained herein shall entitle the City to make any unilateral change in the retirement program for current or future employees. ARTICLE 14 COMPENSATION FOR SUPERVISORS Supervisors (Supervising Fire Controller, Fire Captains and Deputy Fire Marshals) shall be compensated by CITY at a higher rate than any of their subordinates. Said Supervisor's rate shall be advanced to a step in his salary grade which will provide him with a rate of one (1) salary step higher than any subordinate's pay (exclusive of overtime, or other special compensation) regardless of the Supervisor's length of service. -14- ARTICLE 15 EARLY RELIEF An employee may be relieved by any other employee who is qualified to relieve him at any time between the hours of 0600 to 0800. It shall be the responsibility of the employee's supervisor to insure that the relief of all employees is accomplished in a fair and equitable manner. If any employee abuses this early relief Article, the employee's supervisor may revoke the early relief. It is understood and agreed that the early relief provided by the terms of this Article shall not result in any additional cost to CITY. ARTICLE 16 EXCHANGE OF SCHEDULE The Fire Department shall allow ASSOCIATION members exchanges of schedule pursuant to "Policy D-7 of the Huntington Beach Fire Department Organization Manual" attached hereto and incorporated herein as Exhibit "F." This exchange shall not be considered when computing work performed as defined in Article 4. ARTICLE 17 ADMINISTRATIVE APPOINTMENT An employee administratively appointed to the position of Deputy Fire Marshal or Fire Protection Specialist who has satisfactorily completed eighteen consecutive months of service in such positions and subsequently is involuntarily reassigned to a classification with a lower rate of pay shall continue to receive the rate of pay last achieved in the higher classification until the rate of pay for his reassigned classification equals or exceeds that of his former classification. This Section shall not apply to voluntary transfers, disciplinary demotions or layof f s. ARTICLE 18 MINIMUM MANNING CITY shall man apparatus with sufficient manpower to assure the safety of employees and the control of risk. A. For the purpose of this Article, the minimum manning of apparatus shall be as follows: 1. Each engine company shall be manned with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. 2. When two-piece companies are utilized by the department, the second unit shall be manned by at least one (1) Fire Captain and one (1) Fire Engineer. -15- (a) Two-piece companies shall respond to structure fires as one unit and not be considered as separate engines for response purposes. (b) The second unit shall only respond by itself on single engine alarms, i.e., trash fires, vehicle fires and medical aids. 3. Each truck company shall be manned with no less than one (1) Fire Captain, one (1) Fire Engineer and either two (2) Firefighters or one (1) Firefighter and one (1) Fire Paramedic. 4. Paramedic units shall be manned with no less than two (2) Fire Paramedics. 5. Fire companies not considered to be in full service and immediately available shall not be required to have personnel assigned to them for the purpose of this Article. 6. There shall be at least two (2) qualified Fire Controllers on duty at all times. 7. (a) The minimum manning as set forth in this Article, shall be specifically and exclusively from employees of the Huntington Beach Fire Department for all routine activities and normal shift duties. (b) No employee shall be assigned to more than one (1) company at the same time for all routine activities and normal shift duties. (c) Routine activities and normal shift duties shall include those emergencies that would normally be handled by the on--duty suppression force. 8. Any employee assigned to serve in the capacity of Battalion Chief Aide shall not be utilized to satisfy any of the minimum manning requirements set forth in this Article. He may be utilized to fill a position for which he is qualified to serve in cases of temporary fill-in of four (4) hours or less. 9. Employees acting in a higher classification, when properly qualified and compensated in accordance with Article 4, shall be considered equivalent to the required classification. 10. Either one firefighter or one paramedic assigned to a truck company may be utilized for special assignments for a period not to exceed four (4) hours in any one shift. B. For the purpose of this Article, all fire engines shall be defined as apparatus with fire pump, fire hose, water tanks, ground ladders and necessary fire fighting equipment, excluding specifically aerial ladder or platform capabilities. C. For the purpose of this Article, all fire trucks shall be defined as apparatus that have mounted on the chassis, an aerial ladder or aerial platform. D. For the purpose of this Article, a Paramedic unit is defined as a vehicle, other than a fire engine, fire truck or salvage unit, that has as its sole purpose a capability of providing emergency medical and/or rescue assistance. -16- E. For the purpose of this Article, a salvage unit shall be any vehicle other than those delineated in paragraphs A through D of the Article, which carries equipment and manpower for the purpose of salvage, overhaul, fire control, medical supplies, emergency lighting equipment, or other accessory fire combat and damage prevention equipment. F. Any fire department apparatus, vehicles, technological changes, and new innovations will be discussed with the ASSOCIATION prior to being placed in full service for immediate response. G. No person shall be assigned as a Fire Engineer Paramedic or a Fire Captain Paramedic except on a voluntary basis. Any such person removed involuntarily from that position shall be subject to the provision of Article 17. ARTICLE 19 ASSIGNED SHIFT POLICY Employees of equal rank shall have the option to exchange assigned shifts on a man-for-man basis upon written request to and approval of the Fire Chief. ARTICLE 20 PROMOTIONAL EXAMINATIONS Promotional examinations shall be announced to all employees no less than thirty (30) days prior to the final filing date for the promotional examination. The CITY may establish a fixed annual date for promotional examinations provided, however, that in the event any examination is scheduled on a date other than the fixed annual date for promotional examinations, the CITY shall announce said promotional examination no less than thirty (30) days prior to the final filing date for said promotional examination. A. All applicants shall meet all requirements for the promotional examinations as set forth in the Huntington Beach Fire Department Organization Manual, Policy D.10, a copy of the relevant provision thereof is attached hereto as Exhibit "G," as of the final filing date for the promotional examination. B. Except for the position of Supervising Fire Controller where only two such applicants need apply, promotional examinations shall be administered to only qualified applicants who are members of the City of Huntington Beach Fire Department, as long as a minimum of three (3) such applicants apply for each promotional examination. C. A promotional examination list shall be certified when at least three (3) eligible candidates pass. If less than three (3) eligible candidates pass, within 10 days after the results are received, the Fire Chief must elect to accept the list or, subject to the provisions below, conduct a new examination six (6) months thereafter. If less than fifty percent (50%) of the candidates pass the examination, the Chief-must conduct a new -17- examination within thirty (30) days. If fifty percent (50%) or more of the candidates (but less than three) pass the examination and the Chief does not accept the list, the parties may agree to conduct a new examination prior to the expiration of the six month period and to limit the duration of any resulting eligibility list. If, after the completion of any such new examination, there are still not three (3) certified candidates, an open examination for the position may be given. The Fire Chief shall continue to have the option to select for promotion from a list of at least three (3) certified candidates. For the position of Supervising Fire Controller, the option shall be from a list of at least two (2) qualified candidates. D. Any challenge to any portion of the examination process must be filed within three (3) working days of the date of the event that is the subject of the protest. In the event any contract between CITY and a testing agency should preclude review of the examination on CITY premises, the CITY shall authorize such review of said examination to determine the validity of such a challenge. A protest board consisting of three (3) members shall hear the employee protest and shall recommend acceptance or rejection of the protest. The protest board shall consist of one (1) member appointed by the Fire Chief, one (1) member appointed by the Personnel Director and one (1) member appointed by the ASSOCIATION. ARTICLE 21 SAFETY CLOTHING AND UNIFORMS The present uniform and clothing policies as delineated in this Article, Section L, shall remain in effect until the Fire Chief or his designee and the ASSOCIATION mutually agree on a new uniform system and on the date of implementation. On said implementation date, all safety clothing and uniforms required by the CITY to be worn by employees during working hours shall: A. Meet all applicable state and federal regulations relating to said clothing and, with the exception of station uniforms, be of high quality fire resistant material. B. Be provided by CITY with the exception of the physical fitness uniform; C. Any uniforms with the exception of the physical fitness uniform, that are destroyed or which become unacceptable and which were damaged by circumstances involving the Firefighter's regular work while on duty, shall be replaced by CITY at no cost to the employee. D. CITY shall provide the following uniforms: 1. Six (6) sets of daily work uniforms consisting of pants and shirts; provided, however, that one such set shall be preserved as a dress uniform to be worn only on such occasions as a dress uniform shall be deemed appropriate. The work and dress uniform shall be Unitog, or equivalent, Stock shirt and Stock trousers; -18- 2. Two (2) pair of safety shoes, Chippewa or equivalent; provided, however, that non-sworn personnel may be provided one (1) pair of dress shoes in lieu of safety shoes. 3. One (1) station uniform jacket of the nature and quality presently described in Policy C-2 of the Huntington Beach Fire Department. E. The uniforms described in paragraph D above shall be replaced by the CITY whenever the Chief or his designated representative determines that such replacement is necessary; provided, however, that any employee who disagrees with the determination of the Chief or his representative shall have the right to appeal that determination to the uniform advisory committee, as established below in paragraph I. F. All accessory identification, adornments, badges, patches, belt and other appurtenances thereto shall be provided by CITY. G. The employee shall be responsible for the preservation and cleaning of all uniforms. H. 1. CITY shall provide each employee who participates in the Fire Department's physical fitness program one hundred dollars ($100) per fiscal year for the purchase of physical fitness uniforms (including white T-shirts) and physical fitness shoes, payable in the first payroll of December provided that the white T-shirts referred to herein may be required to be worn as art of the daily work uniform. Y q P Y 2. Each employee who meets the fitness guidelines provided in Policy D-9 of the Huntington Beach Fire Organization Manual, a copy of which is attached hereto and incorporated by reference as Exhibit H, mutually agreed upon by the parties, shall receive at that time an additional $10 or equivalent compensation per fiscal year. 3. Reserve Firefighters who complete one full year of satisfactory service with the Huntington Beach Fire Department shall be reimbursed for actual expense incurred for required uniform shoes in an amount not to exceed the cost of equivalent shoes provided by the Department and shall also be reimbursed for one half (1/2) of the cost of any medical examination required by the Fire Department as a condition of becoming a Reserve Firefighter. The medical examination must have been conducted no earlier than sixty (60) days prior to appointment as a Reserve Firefighter. I. A uniform advisory committee composed of two (2) members appointed by the ASSOCIATION and two (2) representatives appointed by the Fire Chief shall make recommendations on the uniforms to be worn, the method of said uniforms will be provided and obtained and further recommendations on safety clothing and uniforms may be required during the term of this Memorandum of Agreement. -19- J. All employees assigned to staff positions shall be provided two (2) complete sets of the type of uniform required by the Fire Chief for such positions. This uniform may be issued in lieu of two (2) sets of the work uniforms provided by D-1. Staff employees required to wear said uniform shall also be provided with: 1. Three (3) extra shirts for a total of five (5); 2. One (1) pair of dress shoes; and 3. One (1) blazer. K. The present uniform policies for non-safety employees shall remain in effect until the Fire Chief or his designees and the ASSOCIATION mutually agree upon any type of change. L. All uniforms and equipment furnished by CITY shall remain the property of CITY and be returned or replaced if the employee terminates. ARTICLE 22 TIME OFF - ASSOCIATION BUSINESS During the term of this agreement, authorized representatives of the Association shall be entitled to receive up to a total of 375 collective hours without any loss of compensation per contract year to be utilized for lawful Association activities. ARTICLE 23 CERTIFICATION IN CLASS A. Any employee, in a position that did not require certification as a condition of employment and who at any time has been or becomes certified by the State Board of Fire Services in a classification then occupied shall be entitled, upon request, to a cash payment of $250. Each employee may only receive one such payment irrespective of the number of times he is certified in any position. B. Each time a Fire Paramedic working in the classification is recertified as a Paramedic, he/she shall be entitled to a cash payment of $200. ARTICLE 24 FOREIGN LANGUAGE DIFFERENTIAL Up to seven employees who have demonstrated their ability to converse in Spanish or Vietnamese shall receive a monthly cash payment of $50. The manner of demonstrating proficiency and the.selection of which eligible employees receive the cash -20- payment (if more than seven employees are eligible) shall be determined in a manner to be agreed upon between the Fire Chief and the Association; providing that if the parties are unable to agree, then the determination shall be made by the Education Committee described in Article 12, C, 2. ARTICLE 25 QUARTERS CITY shall continue to provide necessary kitchen, living and sleeping quarters in the several fire stations and shall continue to provide facilities for Association meetings. ARTICLE 26 MAINTENANCE OF INSURANCE BENEFITS Whenever an eligible employee is absent because of illness or injury, the CITY shall continue to provide to the employee and his dependents all of the insurance benefits set forth in Articles 5 and 6 for the duration of any such approved absence not to exceed twenty-four (24) months. ARTICLE 27 REINSTATEMENT OF EMPLOYEES NO LONGER DISABLED Whenever the retirement benefits of an employee who has received a disability retirement are revoked by PERS on the grounds that the employee is no longer disabled from performing the duties of the position held at the time of retirement, the CITY shall immediately reinstate such employee at his former position and pay step upon application therefor by said employee. ARTICLE 28 LAYOFFS The procedure and practice regarding layoffs in effect on July 1, 1980 shall remain in full force and effect during the entire term of this Agreement. ARTICLE 29 PRECEDENCE In any case in which any provision of this Memorandum of Understanding is inconsistent with any CITY ordinance, rule, regulation, resolution, including provisions of any Fire Department Manual, the provisions of this Agreement shall supersede and take precedence. -21- ARTICLE 30 SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Agreement or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution or its application to other persons. The City Council hereby declares that it would have adopted this Agreement and each section, subsection, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE 31 EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the existing wages, hours and other terms and conditions of employment within the lawful scope of representation of the ASSOCIATION that are contained in prior Memoranda of Understanding between the parties hereto and which are currently applicable to employees covered herein, shall remain in full force and effect. ARTICLE 32 MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the CITY retains all rights, powers and authority with respect to the management and direction of the performance of fire services and the work forces performing such services. Such rights include, but are not limited to, determination of the merits, necessity, level or organization of fire services, the necessity for overtime, 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 33 TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect commencing on October 1, 1983, and ending at midnight on September 30, 1985. This Agreement constitutes the entire agreement of the parties as to the changes in wages, hours and other terms and conditions of employment of employees covered hereunder for the term hereof. -22- ARTICLE 34 CITY COUNCIL APPROVAL It is the understanding of CITY and ASSOCIATION that this Memorandum of Understanding is of no force or effect whatsoever unless and until adopted by resolution of the City Council of the City of Huntington Beach. DATED: CITY OF HUNTINGTON BEACH HUNTINGTON BEACH FIREMEN'S ASSOCIATION .__ &q�UA) By By = City Administrator f By Fire Chief By By City Negotiator By APPROVED AS TO FORM: C By I-3 43 City Attorney �f -23- EXHIBIT "A" CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE EFFECTIVE OCTOBER 8, 1983 JOB NO. TITLE RNG A B C D E 6432 Fire Controller NE 297 1664 1756 1853 1995 2063 4432 Firefighter NE 315 1815 1915 2021 2132 2250 2460 Supvg. Fire Controller EX 361 2288 2415 2548 2688 2836 3430 Fire Engineer NE 340 2059 2172 2291 2418 2551 Fire Engineer Paramedic NE 362 2300 2427 2560 2701 2850 4428 Fire Paramedic NE 350 2165 2285 2411 2543 2683 4430 Fire Protection Specialist NE 350 2165 2285 2411 2543 2683 1480 Fire Captain EX 374 2442 2576 2718 2867 3025 Fire Captain Paramedic EX 396 2725 2874 3032 3198 3375 1430 Deputy Fire Marshal EX 396 2725 2874 3032 3198 3375 EFFECTIVE OCTOBER 6, 1984 JOB NO. TITLE RNG A B C D E 6432 Fire Controller NE 307 1749 1844 1947 2054 2167 4432 Firefighter NE 325 1912 2018 2129 2246 2369 2460 Supvg. Fire Controller EX 371 2404 2536 2675 2822 2978 3430 Fire Engineer NE 350 2165 2285 2411 2543 2683 l Fire Engineer Paramedic NE 372 2416 2550 2690 2837 2993 4428 Fire Paramedic NE 360 2279 2404 2536 2675 2822 4430 Fire Protection Specialist NE 360 2279 2404 2536 2675 2822 1480 Fire Captain EX 384 2567 2707 2857 3014 3181 Fire Captain Paramedic EX 406 2863 3021 3188 3363 3548 1430 Deputy Fire Marshal EX 406 2863 3021 3188 3363 3548 -24- EXHIBIT B AMENDMENT NO. 2 CITY OF HUNTINGTON BEACH EMPLOYEE HEALTH PLAN DOCUMENT This Amendment No. 2 to the City of Huntington Beach Employee Health Plan is attached to and made part of the Employee Health Plan Document as it relates to all employees in a class represented by the Firemen's Association and effective as follows: As requested, effective January 1, 1984, the City of Huntington Beach Employee Health Plan Document is hereby amended as to: PART I: DEFINITIONS, Item Q, p. 2, shall read: Q. "Second Opinion Surgery" means certain surgical procedures done on an elective basis shall be mandated to have a Second Surgical Opinion in order to be payable at normal plan benefits, as specified in this Plan Document. These surgical procedures are as listed: Cataract Surgery Cataract Surgery Cholecystostomy Varicose Vein Ligation Hernia Repair Tonsillectomy & Adenoidectomy Hysterectomy Knee Surgery (Menisectomy) Laminectomy Hemorrhoidectomy Mastectomy Dilatation and Currettage Onychotomy Repair of Deviated Septum (SMR) Prostatectomy Spinal Fusion PART VIII: BASIC BENEFITS, Item A.6, P. 14, shall read: 6. Outpatient, Hospital Benefits: Benefits will be provided for 100% of the usual, customary and reasonable charge for services and supplies in connection with: -25- i a. Surgery requiring use of operating facilities, AND THE PHYSICIAN'S CHARGES FOR THE SURGICAL PROCEDURE. b. Treatment of an accidental injury within 72 hours of the Accident, including necessary x-rays and laboratory tests, BUT NOT THE PHYSICIAN'S CHARGES FOR PROFESSIONAL SERVICES. c. Usual, Customary and Reasonable Charges for required medical testing done on an out-patient basis prior to admission to a hospital. PART VIII: BASIC BENEFITS, Item C.l.d.(5), p. 15, shall read: d. Benefits for surgical services are subject to these conditions and limitations: 1. The services will be performed by a licensed physician. 2. The service must be performed on or after the Participant's or Family Member's Effective Date of coverage under this Document. However, if the Member is already hospitalized prior to the Effective Date, benefits for surgical services will not be provided until after the Member is discharged from that hospital. 3. If more than one surgical service is performed during one operative session in the same operative area, payment will be made only for the major procedure. 4. If more than one surgical service is performed during the same operative session in different operative areas, maximum payment is made for the major procedure, plus one-half the allowance for the minor procedure which provides the next greatest allowance. However, the total benefit for the Primary Surgeon under these circumstances shall not exceed 24.62 Units. 5. If an elective surgical service is performed without a second opinion, no benefit will be paid under this provision. -26- PART IX: MAJOR MEDICAL, Item A.4.a., p. 17, and Item A.4.c.; and Item A.4.d.; and Item A.4.e., p. 18, shall read: 4. Stop Loss a. Other than Mental Disorders: When expense incurred by the Participant or Family Member for Covered Services and Supplies, EXCEPT FOR MENTAL DISORDERS, OUT-PATIENT PRE-HOSPITAL ADMISSION TESTING, AND OUT-PATIENT SURGERY, exceeds the Deductible Amount, benefits will be provided at 80% of Usual, Customary and Reasonable Charges for those Covered Services and Supplies which exceed the Deductible Amount until total paid Major Medical benefits during the Calendar Year reach $1,600. For the remainder of the Calendar Year, benefits will be provided at 100% of Usual, Customary and Reasonable Charges for Covered Services and Supplies. b. Mental Disorders: For psychiatric care benefits will be provided at 50% of Usual, Customary and Reasonable Charges. C. Out-Patient Pre-Hospital Admission Testing: For required medial testing done on an out-patient basis prior to admission to a hospital, benefits will be provided at 100% of Usual, Customary and Reasonable Charges. d. Out-Patient Surgery: For surgery requiring the use of hospital surgical facilities, surgical centers or other surgical facilities affiliated with an accredited hospital which satisfies the definition of hospital under this Plan Document, AND THE PHYSICIAN'S CHARGES FOR THE SURGICAL PROCEDURE, benefits will be provided at 100% of Usual, Customary and Reasonable Charges. -27- EXHIBIT C TO: MEMBERS OF THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION RE: SECOND OPINION SURGICAL PROGRAM Certain surgical procedures done on an elective basis shall be mandated to have a second surgical opinion in order to qualify as being fully covered under the City of Huntington Beach Employee Health Care Plan. The surgical procedures which would require a second opinion if done on an elective basis, are listed below: 1. PROSTATECTOMY - excision of part of all of the prostate gland. 2. HYSTERECTOMY - removal of the uterus (womb). 3. ONYCHOTOMY - surgical removal of the nail of a toe or finger. 4. KNEE SURGERY (MENISECTOMY) - removal of meniscus cartilage of the knee. 5. REPAIR OF DEVIATED SEPTUM (SMR) - sub-mucous resection - plastic surgical procedure to straighten nose. 6. TONSILLECTOMY and ADENOIDECTOMY - surgical removal of tonsils and/or adenoids. 7. LAMINECTOMY -surgery on spinal cord through the vertebral arch. 8. HEMORRHOIDECTOMY -surgical excision of hemorrhoids (piles). 9. DILATATION AND CURETTAGE - expansion of cervix and scraping of uterine cavity. 10. MASTECTOMY -surgical removal of the breast. 11. CATARACT SURGERY - excision of diseased lens of the eye. 12. VARICOSE VEIN LIGATION - removal of varicose vein. 13. CHOLECYSTOSTOMY - cutting into and draining of the gallbladder through abdominal wall. 14. HERNIA REPAIR - repair of an inguinal femoral or umbical hernia. 15. SPINAL FUSION -surgical fusion of two or more vertebrae. -28- The second opinion will be rendered by a physical who is: 1. A qualified Board Certified surgeon in the same speciality as the original surgeon. 2. Of good standing in the Orange County Medical community. 3. A member of the Orange County Foundation for Medical Care. The second opinion surgical panel members will also agree that the patient will be referred back to the original physician, whether the second opinion surgeon agrees or disagrees with the original physician's assessment. The Foundation for Medical Care of Orange Count has panel physicians in all major cities g Y P P Y of Orange County. The patient will be given a list of three second opinion panel surgeons. They will be expected to select one of the panel physicians and be examined to determine the medical necessity of the proposed procedure. The second surgical opinion fee will be paid by the Employee Health Care Plan (average range $75 to $150 with a written report). 05180 -29- Res. No. 5344 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: 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 3rd day of January 19 84 by the following vote: AYES: Councilmen: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California