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HomeMy WebLinkAboutCity Council - 5612 RESOLUTION NO. 5612 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 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 Firemen' s Association, dated December , 1985, a copy of which is attached hereto and by this reference incorporated herein, is hereby approved, and shall be implemented forthwith in accordance with the terms and conditions therein. Pursuant thereto, the City Administrator is authorized to execute such memorandum of understanding on behalf of the city. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of January , 1986. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED.. AND APP VED: City Administrator ief o Adm istrativ Services ADL:ps 1/6/86 LAW OFFICES GOLDSTEIN & KENNEDY ALLAN S. MORTON 1880 CENTURY PARK EAST, SUITE 1018. OF COUNSEL CENTURY CITY LOS ANGELES, CALIFORNIA 90067 (213) 879-1401 AND 553-4746 - December 18, 1985 Mr. Dan Mann c/o Huntington Beach Firemen' s Association P. na Box 694 Huntington Beach, CA 92648 Re: Last, Best and Final Offer Made by the City of Huntington Beach to the Huntington Beach Firemen' s Association Dear. Mr. Mann: The following contract proposals are presen•.ted to the Huntington Beach Firemen' s Association as the last., best and final offer of the City of Huntington Beach. 1 , Term of Agreement The term of the Memorandum of Understanding ;MOU) shall be from October 1, 1985 through September 30, 1987. 2. Salary Increases" Effective October 5, 1985, the City shall provide each employee covered by the MOU with a 5% base salary increase and shall also provide each fire controller with an additional 0.5% base salary increase. Effective October 4, 1986, the City shall provide each employee covered by the MOU with a 5% base salary increase and shall also provide each fire controller with an additional 0.5% base salary increase. 3. PERS Pickup by the City Effective April 1 , 1986, each employee covered by the MOU shall be reimbursed an amount equal to 8% of the employee' s part of his/her PERS contribution, Effective April 1 , 1987, each employee covered by the MOU shall be reimbursed an amount equal to 9% of the member' s part of his/her PERS contribution. Mr. Dan Mann December 18 , 1985 Page -2- The above PERS pickup is not base salary but is done pursuant to Section 414(h) (2) of the Internal Revenue Code. Those employee's who are ineligible for the 9% reim- bursement shall continue to be reimbursed an amount equal to 7% of their PERS contribution. Each employee, eligible for service retirement, may have his/her PERS pickup reported as compensation for all or any part of the twelve (12) month period prior to his/her service retirement date upon written request to the Finance Director. Such modified reporting shall be limited to a maximum period of twelve (12) months preceding retirement. 4. EMT Certification for Fire Controllers Upon receiving EMT Certification, each fire con- troller shall receive an additional $65.00 per month in salary. 5. Fair Labor Standards Act a. Compensation for each work period shall be based upon actual hours worked during that work period and hours worked shall not be averaged over several work periods. b. "Hours Worked" shall be defined as actual time worked, approved vacation, compensatory time off, bereavement leave, industrial injury or illness leave, with the exception of exchange of shift not being included. Sick leave shall be excluded from the definition of "hours worked." C. All overtime worked by non-exempt employees shall be compensated at time and one half the employees' regular rate of pay and shall not be compensated by compensatory time off. 6. Fire Prevention/Staff Hours The current work schedule for Fire Prevention/Staff shall be changed from 42 hours per week (average) to 40 hours per week, with the same "net" productive hours of work. Mr. Dan Mann December 18, 1985 Page -3- Specific language to implement this schedule shall be agreed upon by the City and the Association. 7. Long Term Disability Insurance The City shall become the policyholder of Long Term Disability Insurance for Association members and shall provide the same benefits which Association members are currently receiving. 8. Actuarial Study of PERS Medical Program The City and the Association- shall share in the cost of an actuarial study conducted by a private actuary mutually agreed upon. The actuarial study shall determine the long term costs of participation in the PERS -Medical Program for employees and retirees. The cost of the actuarial study to the Association shall- not exceed $2,000. The actuarial study shall be completed July 1, 1986. Upon completion of the actuarial study, the City and Association shall meet and confer on the results of the actuarial. study. 9. Medical Insurance The following changes to the' City's current Medical Insurance policy shall be made: a. Increase maximum City contribution from $350 to $400 per month. b. Hospital pre-admission notification shall be required. C. Increase deductibles to $125.00 for single employee coverage and $375.00 for family coverage from $100.00/$300.00. d. 3-6-12 formula for pre-existing conditions. e. Other minor changes which have been previously proposed by the City and discussed. Mr. Dan Mann December 18 , 1985 Page -4- l0. Educational Incentive Plan The current educational incentive plan (Article 12) , shall be modified by omitting the unit program- (Section "B") and implementing in its place a degree program with additional monthly payments up to $120 for non-officers and $150 for officers. Fire controllers shall be eligible to participate in the Educational Incentive Plan. (See attached "Educational Incentive Plan") 11. Administrative Appointments The modified "Y" rating for administrative appointed positions as set forth in the attached Article 17 and exhibit shall be implemented. j This offer is presented as the City of Huntington Beach's last, best, and final offer. All other language of the previous MOU which has not been modified by this offer shall become the language of the new MOU for the period October 1 , 1985 through September 30, ,1987. Please have the Firemen's Association members vote on the City' s proposals. Should the membership accept the final offer, we will proceed to draft the Memorandum of Understanding and make all changes necessary subject to your approval. The City remains desirous to finally conclude negotiations, enter into an agreement with the Firemen' s Association, and make retroactive payments as soon as possible. Please inform the undersigned as soon as a decision has been reached by the membership-. S' ely, CHARLES H. GOLDSTEIN CHGdce Enclosures cc: Mr. Robert Franz Chaarles W. Thompson TABLE OF CONTENTS TITLE PAGE Table of Contents i Preamble 1 Article 1 Representational Unit 1 Article 2 Salary Schedules 2 Article 3 PERS Pickup 2 Article 4 Hours of Work/Overtime/Compensatory Time/Standby 3 Article 5 Insurance 6 Article 6 Dental Plan 9 Article 7 Sick Leave 9 Article 8 Holidays 9 Article 9 Vacations 10 Article 10 Bereavement Leave 11 Article 11 Court Service 11 Article 12 Educational Incentive Plan 12 Article 13 Retirement 13 Article 14 Compensation for Supervisors 13 Article 15 Early Relief 13 Article 16 Exchange of Schedule 14 Article 17 Administrative Appointment 14 Article 18 Minimum Manning 15 Article 19 Assigned Shift Policy 16 Article 20 Promotional Examinations 16 Article 21 Safety Clothing and Uniforms 17 Article 22 Time Off - Association Business 19 Article 23 Certification in Class 19 Article 24 Foreign Language Differential 19 Article 25 Quarters 20 Article 26 Maintenance of Insurance Benefits 20 Article 27 Reinstatement of Employees No Longer Disabled 20 Article 28 Layoffs 20 Article 29 Precedence 20 Article 30 Severability 20 Article 31 Existing Conditions of Employment 21 Article 32 Management Rights 21 Article 33 Term of Memorandum of Agreement 21 Article 34 City Council Approval 22 List of Exhibits: "A" Salary Schedule "Bit Employee Health Plan Document licit Second Opinion Surgical Program 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, 1985 to September 30, 1987, and, All terms and conditions of this Agreement shall apply to all employees represented by the ASSOCIATION; and The representatives of the CITY and the ASSOCIATION desire to reduce their agreements to writing, NOW, THEREFORE, this Memorandum of Understanding is made this 17th of January, 1986 effective as of October 1, 1985, and it is agreed as follows: ARTICLE 1 REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Firemen's Association is the employee 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 classifications: Reserve Firefighter Firefighter Paramedic Firefighter Fire Engineer Paramedic Fire Engineer Fire Captain Paramedic Fire Captain Fire Protection Specialist Fire Controller Deputy Fire Marshal Supervising Fire Controller ARTICLE 2 SALARY SCHEDULES A. Effective October 5, 1985, the base salary of each employee represented by the Association shall be as set forth in the Salary Schedule attached hereto and incorporated herein by this reference, as Exhibit "A." Effective October 4, 1986, 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 may 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, except in the case of 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 REIMBURSEMENT A. Each employee covered by this Agreement shall continue to be reimbursed an amount equal to 7% of the employee's base salary as the City's payment toward the employee's contribution to the Public Employees Retirement System. Effective April 5, 1986, each safety employee covered by the MOU shall be reimbursed an amount equal to 8% of the employee's base salary as pickup of the employee's contribution to the Public Employees Retirement System. Effective April 4, 1987, each safety employee covered by the MOU shall be reimbursed an amount equal to 9% of the employee's base salary as pickup of the employee's contribution to the Public Employees Retirement System. Those employees who are ineligible for the 9% reimbursement shall continue to be reimbursed an amount equal to 7% of their PERS contribution. 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. B. Each employee, eligible for service retirement, may have his/her PERS pickup reported as compensation for all or any part of the twelve (12) month period prior to his/her service retirement date upon written request to the Finance Director. Such modified reporting shall be limited to a maximum period of twelve (12) months preceding retirement (Government Code Section 20022). -2- ARTICLE 4 HOURS OF WORK, OVERTIME, COMPENSATORY TIME AND STANDBY A. HOURS OF WORK AND PAID OVERTIME: 1. All Fire Controllers shall work the ten (10) and fourteen (14) hour shift, 40 hour average work week schedule. 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. 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. Fire Prevention/Staff and administrative work hours are to be 40 hours per week on a 4-day work week, 10 hours per day. The maximum time allowed within the 40 hour work week schedule for both lunch and physical fitness shall not exceed four hours within any given work week. All physical fitness activities considered to be work activities shall be conducted on duty within fire stations and under supervision. 4. Persons not subject to emergency duty shall work a 40 hour work week of 8 hours per day, 5 days per week. 5. All employees covered by this Agreement shall be eligible for overtime pay of one and one-half times their hourly compensation for all actual work performed in excess of the employees scheduled hours in any two (2) week pay period. 6. HOURS WORKED. a) Hours worked for employees other than Fire Controllers shall be defined as actual time worked, approved vacation, compensatory time off, bereavement leave, industrial injury or illness leave, with the exception of exchange of shift not being included. Sick leave shall be excluded from the definition of "hours worked." b) For Fire Controllers, in each pay period prior to the implementation of the FLSA, 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. 7. COMPENSATORY TIME. a) For all non-exempt employees, in lieu of compensation by cash payment for overtime as provided in Article 4, Section A.5, 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 within a work period. -3- b) For all exempt employees, in lieu of compensation by cash payment for overtime as provided in Article 4, Section A.S, 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. 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. 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. 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. When attendance occurs at a time when the employee is not scheduled to work, he/she shall 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 Firefighter 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 Firefighter Paramedic working on a voluntary overtime basis, if available, instead of transferring a Firefighter 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 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 in 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." 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. -4- 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. 14. CANCELLATION OF SCHEDULED OVERTIME. Any employee who is scheduled to work overtime in advance of the time set forth for such scheduling in "Policy D-3," of the Huntington Beach Fire Department Organization Manual, 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 on an hourly basis. 15. MINIMUM CALLBACK COMPENSATION. Employees who are ordered to return to duty on other than their regularly scheduled shift shall receive a minimum of two (2) hours compensation on an hourly basis. 16. 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. 17. 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. B. AT THE TIME OF THE IMPLEMENTATION OF THE FAIR LABOR STANDARDS ACT, THE FOLLOWING SHALL APPLY: 1. Compensation for each work period shall be based upon actual hours worked during that work period, and hours worked shall not be averaged over several work periods unless the City and the Association mutually agree to an alternative method of compensation for hours worked, consistent with federal law. 2. All overtime worked by non-exempt employees shall be compensated at time and one half the employees' regular rate of pay, and shall not be compensated by compensatory time off. -5- 3. For Fire Controllers, in each work period (7 days) in which they are scheduled to work 48 hours, hours worked shall be defined as actual time worked, approved vacation and/or compensatory paid leave and/or up to eight hours of paid sick leave and/or leave for industrial illness or injury. 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. 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. 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, 1986, the CITY'S obligation to pay for health insurance shall be limited $400 per month for full family coverage for eligible employees. F. The CITY'S medical plan shall be modified in the following manner, effective January 1, 1986: 1. A hospital preadmission notification to the claims administrator will be required prior to hospital admittance for non-emergencies. If the required notification is not given by the employee, the benefit entitlement will be subject to a $100 deductible against the charges for hospital costs. 2. The Medical Insurance Plan shall exclude coverage of pre-existing medical conditions of new employees and dependents, except under the following conditions: a. The employee or dependent is free from treatment for the pre-existing condition for three consecutive months after the effective date of coverage under the plan. -6- b. A pre-existing condition of the employee is covered after an employee completes six months of continuous employment. C. A pre-existing condition of any dependent who has been enrolled in the plan is covered after the employee completes twelve (12) months of continuous service. 3. The Medical Insurance Plan shall be modified to increase the deductible from One Hundred ($100) to One Hundred and Twenty-Five Dollars ($125) per person; and the maximum deductible per family shall be increased from Three Hundred ($300) to Three Hundred and Seventy-Five Dollars ($375) per family during any period of benefit entitlement as described in the City's Employee Health Plan. 4. Eligibility for dependent coverage shall be restricted to: a. Spouses of employees, b. Their unmarried children to age 19, C. Unmarried children from age 19 to 23 if dependent on their parents for at least half their support and living at home or enrolled as a full time student; and d. Totally disabled children of any age who were enrolled in this plan prior to age 23. G. 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 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 -7- I 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. H. 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 I B, Plan A, a copy of which is attached hereto and incorporated herein as Exhibit D. 1. 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. J. 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. K. 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. L. Nothing in this Article shall be deemed to obligate the CITY to improve the benefits outlined in this Article. M. The CITY and the ASSOCIATION shall share in the cost of an actuarial study conducted by a private actuary mutually agreed upon. The actuarial study shall determine the long term costs of participation in the PERS Medical Program for employees and retirees. The cost of the actuarial study to the ASSOCIATION shall not exceed $2,000. The actuarial study shall be completed July 1, 1986. Upon completion of the actuarial study, the CITY and ASSOCIATION shall meet and confer on the results of the actuarial study. -8- 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. Sick leave accrual shall be in accordance with Rule 18-9 of the City's Personnel Rules. Twenty four (24) hour shift employees shall accrue sick leave at the rate of one half (1/2) shift per month (3.6923 hours per pay period). B. 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. C. 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. Other employees shall be entitled to family sick leave in accordance with Rule 18-8(d) of the City's Personnel Rules. 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 by the CITY in lieu of holidays at the rate of .04375 of the employee's monthly salary rate set forth in Article 2, payable each and every pay period. The following are the recognized legal holidays under this MOU: 1. New Year's Day (January 1) 2. Lincoln's Birthday 3. Washington's Birthday (third Monday in February) 4. Good Friday (3 hours) 5. Memorial Day (last Monday in May) 6. Independence Day (July 4) 7. Labor Day (first Monday in September) 8. Columbus Day 9. Veterans' Day (November 11) 10. Thanksgiving Day (fourth Thursday in November) 11. Friday after Thanksgiving 12. Christmas Day (December 25) 13. 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, and adopted as an employee holiday by the City Council of Huntington Beach. -9- B. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. C. 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. D. 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 twelve (112) 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 128 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 144 hours per year. 4. After fourteen (14) years of continuous service, vacation time shall be accrued at the rate of 176 hours per year. 5. After twenty (20) years of continuous service, vacation shall be accrued at the rate of 192 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. 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. -10- 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 Firefighters, one to Engineers, one to Firefighter 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 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. -11- ARTICLE 12 EDUCATION INCENTIVE PLAN A. 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. 1. Any employee who has completed 3 years of service with the Huntington Beach Fire Department and has attained the equivalent of E step Fire Controller, Firefighter or higher rank 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 $100. 2. Any employee who has completed 6 years of service with the Huntington Beach Fire Department and has attained the equivalent of E step Fire Controller, Firefighter or higher rank, and has attained a Bachelors Degree in Fire Administration, 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 $120. 3. Any employee in the classification titles of Fire Captain, Deputy Fire Marshal or Fire Controller Supervisor who has completed 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 $150. B. Notwithstanding the foregoing, any employee currently receiving educational incentive benefits in any previous approved schedule, shall continue to receive the monthly payments entitled thereunder, 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. C. An Education Committee shall be formed and shall be composed of 3 members. Of said three members, one shall be appointed by the ASSOCIATION, one appointed by the Fire Chief and the third shall be the Personnel Director. D. Certification to an education award and to the additional monthly compensation shall commence on the first day of the payroll period the month after approval by the Education Committee, E. Degree majors in an equivalent course of study other than Fire Science, Fire Administration, or Public Administration, shall be approved in advance by the Education Committee. -12- 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/her 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. 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. -13- 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". This exchange shall not be considered when computing work performed as defined in Article 4. ARTICLE 17 ADMINISTRATIVE APPOINTMENT The CITY may, from time to time, administratively appoint employees to administrative or specialist positions. The personnel appointed to the positions of Deputy Fire Marshal, Fire Protection Specialist, Fire Captain Paramedic, Fire Engineer Paramedic, and Firefighter Paramedic, shall serve at the discretion of the Fire Chief. Persons so appointed to these positions shall permanently retain their highest classification and anniversary date (Step merit salary increases shall coincide with the anniversary date of the employee's permanent classification) which they held prior to their administrative appointment. An employee administratively appointed to these positions who subsequently is voluntarily or involuntarily reassigned to a position within their permanent classification with a lower rate of pay, shall receive a one step reduction in pay to initially coincide with their reduced assignment and at each anniversary date thereafter, until their rate of pay equals the rate of pay entitled as if they had not received the administrative appointment. Any administratively appointed employee to the positions of either Fire Captain Paramedic, Fire Engineer Paramedic and Firefighter Paramedic, who has completed five years of service in the appointed or any other appointed parallel position, may request to return to their permanent classification, and shall within one year thereafter, be entitled to return to his/her permanent classification. Any administratively appointed employee to the positions of Deputy Fire Marshal and Fire Protection Specialist, who has completed four years of service in the appointed or any other appointed parallel position, may request to return to their permanent classification, and shall within one year thereafter, be entitled to return to his/her permanent classification. The pay rate changes associated with the appointment or reappointment shall follow the process and procedures established for all positions within the classified service. Any Firefighter Paramedic who was previously a permanently classified Fire Paramedic shall retain a vested right to not be administratively reassigned except for disciplinary demotions or layoff. This section shall not apply to disciplinary demotions or layoffs. -14- 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 or Firefighter Paramedic. 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. (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) Firefighter Paramedic. 4. Paramedic units shall be manned with no less than two (2) Firefighter 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 maybe 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. -15- 10. Either one firefighter or one firefighter 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. 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, as of the final filing date for the promotional examination. -16- 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 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; -17- 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; 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 part of the daily work uniform. 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. -18- L 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. 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-l. 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 Firefighter Paramedic working in the position is recertified as a Paramedic, he/she shall be entitled to a cash payment of $200. C. Upon receiving and maintaining EMT Certification, each Fire Controller shall receive an additional $65 per month in salary. 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 demonstrat- ing proficiency and the selection of which eligible employees receive the cash payment (if more than seven employees are eligible) shall be determined in a manner to be agreed -19- 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 thereof 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. 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 -20- 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, 1985, and ending at midnight on September 30, 1987. 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. -21- 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. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 17th day of January , 1986. HUNTINGTON BEACH CITY OF H NTINGT N BEACH FIREMEN'S ASSOCIATION By By City Admini rat",, By By ' BY BY BY dmi ati Services By BY BY Charles Goldstein, Negotiator APPROV S TO FORM: By By ti Gail Hutton Dan Mann 9 City Attorney Association Representative 0440X/sd -22- EXHIBIT "A" CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE EFFECTIVE OCTOBER 5, 1985 JOB NO. TITLE RNG A B C D E 6432 Fire Controller NE 318 1844 1945 2052 2165 2285 4432 Firefighter NE 335 2011 2122 2238 2361 2491 2460 Supvg. Fire Controller EX 382 2541 2681 2829 2985 3149 3430 Fire Engineer NE 360 2279 2404 2536 2675 2822 Fire Engineer Paramedic NE 382 2541 2681 2829 2985 3149 4428 Fire Paramedic NE 370 2392 2524 2662 2808 2962 4430 Fire Protection Specialist EX 370 2392 2524 2662 2808 2962 1480 Fire Captain EX 394 2697 2846 3002 3167 3340 Fire Captain Paramedic EX 416 3009 3175 3351 3534 3728 1430 Deputy Fire Marshal EX 416 3009 3175 3351 3534 3728 EFFECTIVE OCTOBER 4, 1986 JOB NO. TITLE RNG A B C D E 6432 Fire Controller NE 329 1952 2059 2172 2291 2418 4432 Firefighter NE 345 2109 2226 2349 2477 2614 2460 Supvg. Fire Controller EX 393 2681 2829 2985 3149 3323 3430 Fire Engineer NE 370 2392 2524 2662 2808 2962 Fire Engineer Paramedic NE 392 2669 2817 2971 3134 3305 4428 Fire Paramedic NE 380 2517 2655 2801 2955 3118 4430 Fire Protection Specialist EX 380 2517 2655 2801 2955 3118 1480 Fire Captain EX 404 2836 2992 3156 3330 3513 Fire Captain Paramedic EX 426 3163 3337 3520 3715 3919 1430 Deputy Fire Marshal EX 426 3163 3337 3520 3715 3919 0440X 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: 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. PART IX: MAJOR MEDICAL Item A.4.a. . 17 and Item A.4.c.• and Item A.4.d.• and Item A.4.e. . 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. The Plan Document shall not be construed to be altered in any way by this Amendment No. 2 except as explicitly set forth herein. 0440X 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. 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). 0440X Res. No. 5612 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 21st day of January 19 86 by the following vote: AYES: Councilmen: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council. of the City of Huntington Beach, California