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HomeMy WebLinkAboutCity Council - 5348 RESOLUTION NO. 5348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION The City Council of the City of Huntington Beach does re- solve as follows : The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Marine Safety Officers ' Association, effective October 9 , 1983 , a copy of which is attached hereto and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute such agree- ment . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of January 1984 . ATTEST: APPROVED AS TO FORM: City Clerk City Attorney APPRO APPROVED: City Administrator Community Services Director RCS :ahb 1/13/84 TABLE OF CONTENTS TITLE PAGE Table of Contents i Preamble 1 Article 1 Representational Unit 1 Article 2 Existing Conditions of Employment 2 Article 3 Salary Schedules 2 Article 4 Overtime and Standby Pay 2 Article 5 Insurance 3 Article 6 Income Protection Plan 4 Article 7 Retirement 5 Article 8 Educational Incentive Plan 5 Article 9 Sick Leave 6 Article 10 Family Illness Leave 6 Article 11 Bereavement Leave 6 Article 12 Vacations 6 Article 13 Holidays 7 Article 14 Uniforms 7 Article 15 Exchange of Schedule 7 Article 16 Management Rights 8 Article 17 Physical Examinations 8 Article 18 Terms of Memorandum of Understanding 8 Article 19 City Council Approval 9 List of Exhibits: "A" Salary Schedule 13 "B" Second Opinion Surgical Program 14 05810 i MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Hereinafter called CITY) AND MARINE SAFETY OFFICERS' ASSOCIATION (Hereinafter called ASSOCIATION) PREAMBLE WHEREAS, pursuant to California law, the CITY, acting by and through its designated representatives, duly appointed by the governing body of said CITY, and the representatives of the ASSOCIATION, a duly recognized employee association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours and other terms and conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this agreement shall apply to all employees represented by the ASSOCIATION; and WHEREAS, the representatives of the CITY and the ASSOCIATION desire to reduce their agreements to writing, NOW, THEREFORE, this Memorandum of Understanding is made, to become effective October 9, 1983, and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT It is recognized that the Marine Safety Officers' Association is the employee organization which has the right to meet and confer in good faith with the CITY on behalf of the employees of the Huntington Beach Community Services Department within the following classification titles: Marine Safety Lieutenant Marine Safety Boat Operator Marine Safety Sergeant Marine Safety Officer ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms and conditions of employment which have been established in prior Memoranda of Understanding between CITY and the ASSOCIATION. ARTICLE III SALARY SCHEDULES A. Effective October 9, 1983, 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. B. Each employee covered by this agreement shall be reimbursed an amount equal to 7% of the employee's base salary plus education incentive pay as pickup of a portion of each employee's PERS contribution. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. Each Marine Safety Officer assigned to duty as boat operator shall receive pay as outlined in Exhibit A. Assignments as Marine Safety Officer/Boat are normally for a period not to exceed approximately six months, at the discretion of the Director of Community Services. Relief Boat Operator shall be compensated at a rate of 8.75% of his basic hourly rate for the hours worked. Such compensation shall be in lieu of summer supervision pay. ARTICLE IV OVERTIME AND STANDBY PAY A. Employees shall receive time and one half their salary rate for all time worked in excess of forty (40) hours during any given payroll week. For purposes of this article, approved vacation time and compensation time shall count as hours worked. Employees may elect to receive compensatory time off (to be accrued to a maximum of 120 hours) in lieu of such overtime pay. B. Standby Time: Employees required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours straight time pay (including the differentials identified in Article IV) for both morning and afternoon court sessions. C. Court Appearance Time: Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours pay (including the differentials identified in Article IV) at time and one half. -2- ARTICLE V 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. Effective July 1, 1975, employees who have been placed on industrial disability retirement subsequent to January 31, 1974 shall be eligible to continue to participate in the existing group medical benefit plan at their own cost. Participation shall cease upon the earliest of the following: (1) the expiration of three (3) calendar years following the date of the industrial disability retirement, or (2) the retiree obtaining eligibility for coverage under a comparable medical plan. Retirees who cease to participate may exercise any conversion privileges then in existence. G. Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the CITY as modified in Exhibit "B". -3- ARTICLE VI INCOME PROTECTION PLAN The existing long-term disability program provided employees by the CITY shall remain in effect. This program provides, for each incident of illness or injury, pay up to sixty (60) calendar days at the employee's salary rate (excluding overtime but including any special pay in effect at the time of illness or injury). After the sixty (60) calendar day period, the employee will be covered by an insurance plan paid for by the CITY which will provide 66-2/3 percent of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $1,500 a month in accordance with the following: Disability Due Disability Due to Accident to Illness First 60 days Regular pay Regular pay Next 24 months 66-2/3% of base pay 66-2/3% of base pay up to a maximum up to a maximum benefit of $1,500 benefit of $1,500 monthly monthly To age 65 66-2/3% up to None maximum benefit of $1,500 monthly Days and months refer to calendar days and months. Plan integrated with Workmen's Compensation, Social Security and other non-private program benefits to which entitled. Disability is defined as the inability to perform all of the duties of regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience. Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Plan will provide 66-2/3% of difference between regular pay and pay of other occupation. Survivors' benefit continues plan payment for three (3) months beyond death. Thew terms and conditions of the disability insurance coverage are set forth in the policy, a copy of which is on file in the Personnel Division of the Administrative Services Department. In the event of any conflict between the policy and this article, the policy shall control. The CITY may change insurance companies, policies, or self-insure this benefit, provided that the plans shall remain comparable to that currently in effect. -4- ARTICLE VII RETIREMENT The CITY will provide, for all employees represented by the ASSOCIATION whose retirement is effective or whose death occurs after July 1, 1978, Public Employees Retirement System retirement benefits computed by utilizing the two percent (2%) at age fifty (50) formula commonly referred to as the California Highway Patrol Retirement Plan. ARTICLE VIII EDUCATIONAL INCENTIVE PLAN The existing Marine Safety Officers' Education Incentive Plan shall be maintained as follows: Education Maximum Continuing Education Incentive College Training Years of College Units Monthly Level Units Points Service Required Annually Amount 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 STIPULATIONS: 1. College major shall be Marine Science, Police Science, Business Administration, Oceanography, Fire Science. 2. Initial eligibility must be approved by the Director of Community Services. An acceptable yearly performance evaluation, signed by the Director of Community Services is required. No incentive pay taken away without just cause. 3. Training points approved by the Director may be substituted for college units, on the following schedule: 10 of 30; 20 Of 60; 30 of 90. Each twenty hours completed of approved seminars institutes etc. are credited with one training point. PA > > > 4. Pay to be effective on the first of each month following approval. 5. After 120 units or B.A., approved training points may be substituted for college units without limit. 6. Repeat college course credited as determined by the college. 7. Repeat approved seminars, institutes, etc., credited as determined by the Director of Community Services. 8. All college units require grade of "C" or better to qualify. 9. Obtaining transcripts or other acceptable documentation is each employee's responsibility. 10. Employee may choose between approved training points or college units where a choice is available. No change allowed once choice is made, no double credit allowed. -5- ARTICLE IX SICK LEAVE As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved sick leave is covered under Article VI above. ARTICLE X FAMILY ILLNESS LEAVE 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 XI BEREAVEMENT LEAVE Employees shall be entitled to Bereavement Leave not to exceed three (3) working days per calendar year in instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, stepfather, stepmother,2stepsisters, stepbrothers, mother-in-law, father-in-law or stepchildren. ARTICLE XII VACATIONS Anniversary Date: For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time, city employment. Annual Vacation: The purpose of annual vacation is to 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 EXCEPT the following: (a) Employees who have not completed six (6) months continuous service with the CITY. (b) Employees who work less than full-time. (c) Employees on leave of absence. Vacation Allowance: Permanent employees in CITY service, having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: 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 -6- No vacation may be taken until the completion of six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 2,080 and more than 1,040 hours per year shall receive vacation in one-half the amounts set forth above. Vacation - When Taken: No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of 320 hours. Vacations shall be taken only with permission of the department head; however, the department head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. Terminal Vacation Pay: No employee shall be paid for unused vacation other than upon termination of employment at which time such 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. Receipt of Vacation Pay: Upon two week written notification to the Finance Director, each employee shall be entitled to receive his earned vacation pay, less deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. Pay in Lieu of Vacation: An employee may elect to take up to 80 hours of pay for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the fiscal year. ARTICLE XIII HOLIDAYS Employees represented by the ASSOCIATION and actively employed by the CITY, in addition to regular compensation, shall receive each month, a for one twelfth of the g P � � pay total holiday hours earned for the year based on eight (8) hours per holiday, 72 hours per year. They shall be entitled to an additional eight (8) hours of pay at their regular rate for special holidays observed by the CITY beyond those identified in the Personnel Rules of the CITY. ARTICLE XIV UNIFORMS The CITY shall continue the existing practice of providing and replacing uniforms and safety equipment. ARTICLE XV EXCHANGE OF SCHEDULE The Department shall allow employees to exchange work schedules and shifts among those of equal rank and ability, providing prior approval is obtained from the Department Director and the payback of the shift exchange is completed within sixty (60) calendar days. -7- ARTICLE XVI 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 marine safety services and the work forces performing such services, provided that nothing herein shall change the CITY's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Director or the CITY the right to make unilateral changes in wages, hours, and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of CITY services, including establishing manning requirements, overtime assignments, 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. The parties agree to meet and confer during the term of this agreement on revisions, changes, modifications and additions to the Personnel Rules and/or Department Rules when requested by City. ARTICLE XVII PHYSICAL EXAMINATIONS The City agrees to pay for physical examinations authorized by the Department Head, with the understanding that results thereof may be utilized for corrective action and the determination of the employee's continued ability to perform duties of the position. A copy of the physical examination shall be provided to the employee upon his request. ARTICLE XVIII TERMS OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on October 9, 1983 and ending at midnight on October 9, 1985. No further improvements or changes in the salaries and monetary benefits of the employees represented by the ASSOCIATION shall take effect during the term of this agreement and the ASSOCIATION expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the ASSOCIATION which would take effect prior to October 9, 1985, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. -8- f ARTICLE XIX CITY COUNCIL APPROVAL It is the understanding of the CITY and the 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. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 26th day of January 1984. DATED: January , 19 4 AP CITY OF HUNTINGTON BEACH BY it et dministrative rvice City Administrator APPROVED: B Y _. rector�oCommunity Services APPROVED AS TO FORM: MARINE SAFETY OFFICERS' ASSOCIATION By City Attorney By By 03660 -9- EXHIBIT "All CITY OF HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION EFFECTIVE OCTOBER 8, 1983 JOB NO. TITLE RNG A B C D E 4532 Marine Safety Officer 313 1799 1898 2002 2113 2229 4534 Marine Safety Officer/Boat 330 1962 2070 2184 2304 2430 2560 Marine Safety Sergeant 342 2080 2194 2316 2442 2576 1560 Marine Safety Lieutenant 366 2345 2473 2610 2754 2905 8.75% of the basic hourly rate for hours worked as Relief Boat Operator. EFFECTIVE OCTOBER 6, 1984 JOB NO. TITLE RNG A B C D E 4532 Marine Safety Officer 325 1912 2018 2129 2246 2369 4534 Marine Safety Officer/Boat 342 2080 2194 2316 2442 2576 2560 Marine Safety Sergeant 354 2212 2333 2461 2597 2739 1560 Marine Safety Lieutenant 378 2493 2629 2773 2926 3087 8.75% of the basic hourly rate for hours worked as Relief Boat Operator. EXHIBIT "B" TO: MEMBERS OF THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSN. 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. EXHIBIT "B" - CONTINUED SECOND OPINION SURGICAL PROGRAM 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 County has panel physicians in all major cities 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). 03660 Res. No. 5348 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 16th 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