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HomeMy WebLinkAboutCity Council - 5828 RESOLUTION NO. 5828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION FOR 1987-1988 The City Council of the City of Huntington Beach does hereby resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Management Employees' Organization effective July 1, 1987, a copy of which is attached hereto and by reference made a part hereof, is hereby adopted and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute such Agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular/meeting thereof held on the 14th day of December , 1987. Nyor ATTEST: APPROVED AS TO FORM: ALICIA M. WENTWORTH , CITY CLERK BY , DeputyCity Clerk IV Ci y Attor y APPROVED AS TO CONTENT: APPR c City Administrator pu y1CityT mi istra or MEO MOU 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 Public Employee's Retirement System 2 Article 5 Insurance 3 Article 6 Income Protection Plan 5 Article 7 Sick Leave Pay 6 Article 8 Vacations and Holidays 7 Article 9 Grievances 8 Article 10 Personnel Rule Changes 8 Article 11 Vehicle Policy 10 Article 12 Bereavement Leave and Family Illness Leave 10 Article 13 Education Costs 10 Article 14 Uniform Allowance 11 Article 15 Time Off 11 Article 16 Physical Examinations 11 Article 17 Mid-Year Salary Review 11 Article 18 Term of Memorandum of Understanding 11 Article 19 City Council Approval 12 Exhibit A Salary Schedule - Effective 06/27/87 Exhibit B Physical Examination Description Exhibit C Alternative to PERS Medical Program Exhibit D Dental Coverage City Sponsored Indemnity Plan (Delta) City Sponsored Pre-Paid Plan (PMI) -i- MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION 1987-1988 This Memorandum of Understanding is entered into by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, herein called "CITY", and the HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION, a California Association, herein called "ORGANIZATION." PREAMBLE WHEREAS, pursuant to California law, the CITY, acting by and through its designated representatives, duly appointed by the governing body of said city, and the representatives of the ORGANIZATION, a duly recognized employee organization, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours, and other terms and conditions of employment for the fiscal year 1987-1988. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the ORGANIZATION, and WHEREAS, the representatives of the CITY and the ORGANIZATION desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made, to become effective July 1, 1987, and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT A. It is recognized that ORGANIZATION is the employee organization which has the right to meet and confer in good faith with the CITY on the behalf of employees whose classifications are listed in Exhibit A, attached hereto and incorporated by reference herein. B. The City and the ORGANIZATION agree to implement for the term of this agreement the following change to the Employee/Employer Relations Resolution and accordingly revise Section 7 of said resolution as described herein: 7-3. Personnel Director Motion for Unit Modification - The Personnel Director may propose, during the same period for filing a petition for decertification, that an established unit be modified in accordance with the following procedure: a) The Personnel Director shall give written notice of the proposed modification(s), to any affected employee organization and any affected employees. b) The Personnel Commission shall hold a meeting concerning the proposed modification(s) at which time all affected employee organizations and employees shall be heard; c) Thereafter, the Personnel Commission shall determine the composition of the appropriate unit or units and shall give written notice of such determination to the affected employee organizations and any affected employees. The City Administrator, employee organization or employee aggrieved by an appropriate unit determination of the Personnel Commission may, within ten (10) days of notice thereof, request a review of such determination by the City Council. Within thirty (30) days of receipt of a request to review a unit determination of the Personnel Commission the City Council shall review the matter. The City Council's decision shall be final. ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as otherwise expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits and terms and conditions of employment which have been established in prior Memoranda of Understanding, and/or provided for in the Personnel and Departmental Rules of the City of Huntington Beach. ARTICLE III SALARY SCHEDULES Employees shall be compensated at monthly salary rates by classification title and salary range during the term of this Agreement as set out in Exhibit A, attached hereto and incorporated herein. ARTICLE IV PUBLIC EMPLOYEES' RETIREMENT SYSTEM A. Each employee covered by this Agreement shall continue to be reimbursed once every two weeks in an amount equal to 7% of the employee's base salary (9% for safety employees) as a pickup of the employee's contribution, or portion of such contribution, to the Public Employees' Retirement System. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. B. In the event a member elects Option #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement law, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the CITY'S obligation shall cease. The method of funding this benefit shall be at the sole discretion of the CITY. This benefit is vested for employees covered by this agreement. (Note: The options provide that the allowance is payable to the member until his or her death, and then either the entire allowance (Option #2) or one-half of the allowance (Option #3) is paid to the beneficiary for life.) -2- 0349X C. 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 twenty-four (24) months preceding retirement. (Government Code Section 20022). Requests for retroactivity will be decided on an individual request basis and shall require the approval of the Personnel Director. D. Each employee, eligible for service retirement, may have his/her optional vehicle allowance reported as compensation for all or any part of the twelve month period prior to his/her service retirement date upon written request to the Director of Finance. Such modified reporting shall be for a maximum of twenty four months. Requests for retroactivity will be decided on an individual request basis and shall require the approval of the Personnel Director. 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 plans currently in effect. B. The group medical insurance plan shall be 100% of the usual customary and reasonable charges for out patient pre-admission testing and out patient surgery. C. All elective surgeries will require a second surgical opinion from a list of authorized physicians. The City shall provide such list of physicians mutually agreeable to CITY and the ORGANIZATION. It is understood that should an employee elect a surgical procedure without a second opinion or contrary to the recommendation of a second or third opinion, the benefit charges will be reimbursed at 50% of the normal benefits payable. Attachment 2 to the Employee Health Plan Document, providing procedures and definitions for implementation of this paragraph and approved by ORGANIZATION, shall be on file with the Insurance and Benefits Manager, and a copy shall be delivered by City to each member of ORGANIZATION. D. The CITY will assume payment for dependent health insurance effective the first of the month following the month during which the employee completes one (1) year of full time continuous service with the CITY. Any additional premium amounts for the optional Health Maintenance Organization (HMO) Plan will be paid by the employee. For purposes of determining continuous service, there shall be no accrual of hours for the period of time an employee is on a non-pay status for a complete pay period. E. The City's obligation to pay for health insurance premiums shall be limited to Four Hundred Dollars ($400) per month for full family coverage for eligible employees. F. The city's indemnity medical plan shall include the following provisions: -3- 0349X 1. A hospital pre-admission certification from OCMR shall be required prior to hospital admittance for non-emergencies. If the required certification is not obtained, 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. 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 months of continuous service. 3. Effective January 1, 1988, the Medical Insurance Plan deductible shall be One Hundred and Fifty Dollars ($150) per person; and the maximum deductible per family shall be Four Hundred Dollars ($400) 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. 5. Effective January 1, 1988, the maximum out of pocket expense for covered expenses shall be $550 per person per year after the deductible has been met. 6. Chiropractic Treatment - Effective January 1, 1988 shall be limited to $1,000 per year or twenty-four (24) treatments, whichever is greater. 7. Effective January 1, 1988, there shall be a benefit not to exceed $200 per person per year for Preventive Medical Care expenses. Such care shall not be subject to annual deductibles or co-payment provisions of this plan and shall include preventive medical care expenses such as an every-other-year physical exam for adults, yearly PAP for females, all innoculations for children, three exams for an infant in the first year of life, flu shots, chest x-rays, EKG and other diagnostic lab tests. 8. The City shall implement a Substance Abuse Treatment Program with five days of in-patient care for detoxification with a lifetime maximum benefit of $10,000. 9. Effective January 1, 1988, all prescription drug payments shall be made -4- 0349X through the Prescription Card Service, and shall be on the basis of a co-payment by the employee of $4 for each generic drug prescription, and $6 for each non-generic drug prescription. No payments for any prescription drug shall be made through the Employee Medical Plan. G. Each employee under age sixty-five (65) shall be provided with $40,000 life insurance and $40,000 accidental death and dismemberment insurance paid for by the CITY. Each employee shall have the option, at his or her own expense, to purchase an additional amount of life insurance in the amount of either $10,000 or $20,000, and accidental death and dismemberment insurance in the amount of $10,000, $20,000, $50,000 or $100,000. Evidence of insurability is contingent upon total participation in additional amounts. H. The CITY shall provide a dental insurance plan comparable to Private Medical Care, Inc. Plan, CXP 201. Said plan to cover the employee and his or her dependents with total cost of plan to be paid by the CITY. The plan shall be modified as described in Exhibit D. I. When an employee is off work without pay for reason of medical disability, the CITY shall maintain the employee's insurance premiums during the period the employee is in a non-pay status for the length of said leave, not to exceed twenty-four (24) months. J. Upon retirement, whether service or disability connected, each employee shall be entitled to cause himself or herself, spouse and dependents to participate fully in the city's group health insurance program at the equivalent of the city's group premium rate in accordance with the provisions specified by COBRA (Federal Law). Such participation shall be at employee's expense and upon terms, conditions and restrictions as specified by COBRA (Federal Law). K. As an alternative to the benefit described in paragraph VI-J above, the City will provide a financial contribution towards the cost of retiree medical premiums as described in Exhibit C, subject to agreement on the language. The City proposes to reopen the meet and confer process on this issue only in the event a different plan is approved for other bargaining units in the City. The language of this Plan is subject to approval by the City Attorney, and the plan will not be effective until its language is approved by the City Attorney. ARTICLE VI INCOME PROTECTION PLAN This program provides, for each incident of illness or injury, a waiting period of sixty (60) calendar days, during which the employee may use accumulated sick leave, vacation pay, or the employee may elect to be in a non-pay status. Subsequent to the sixty (60) day waiting period, the employee will be covered by an insurance plan paid for by the CITY, providing 66-2/3 percent of the first $6,000 of the employee's basic monthly earnings. -5- 0349X The maximum benefit period for disability due to illness shall be two years if under age 65, reduced to 12 months by age 69. The maximum benefit period for disability due to injury shall be to age 65 or 12 months, whichever is longer. Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, Worker's Compensation, Social Security and other non-private program benefits to which the employee may be entitled. Disability is defined as: "The inability to perform all of the duties of regular occupation during two years, and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience." Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Survivor's benefits continues plan payment for three months beyond death. A copy of the plan is on file in the Administrative Services Department. ARTICLE VII SICK LEAVE PAY A. Employees covered by this agreement and on the payroll on November 20, 1978 shall be entitled to the following sick leave payoff plan: At involuntary termination by reason of disability, or by death, or by retirement, employees shall be compensated at their then current rate of pay for seventy-five percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of 720 hours of unused, accumulated sick leave, except as provided in paragraph D below. Upon termination for any other reason, employees shall be compensated at their then current rate of pay for fifty percent (50%) of all unused accumulated sick leave, up to a maximum 720 hours of such accumulated sick leave. B. Employees hired after November 20, 1978 shall be entitled to the following sick leave payoff plan: Upon termination, all employees shall be paid, at their then current salary rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours, except as provided in paragraph D below. C. Except as provided in paragraph D below, no employee shall be paid at termination for more than 720 hours of unused, accumulated sick leave. However, employees may utilize accumulated sick leave on the basis of "last in, first out," meaning that sick leave accumulated in excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8. D. Provided, however, that employees who had unused, accumulated sick leave in excess of 720 hours as of July 5, 1980, shall be compensated for such excess sick leave -6- 0349X remaining on termination under the formulas described in paragraphs A and B above. In no event shall any employee be compensated upon termination for any accumulated sick leave in excess of the "cap" established by this paragraph (i.e., 720 hours plus the amount over 720 hours existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that date in excess of such "cap" on a "last in, first out" basis. To the extent that an such "capped" amount of excess sick leave r 72 Y PP over 0 hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six months after July 5> 1980> employee has accumulated another 48 hours. Employee is then sick for 120 hours. Employee's maximum sick leave "cap" for compensation at termination is now reduced by 72 hours to 928 hours.) E. Employees electing to participate in the City's group health insurance program after retirement may cause the premiums to be paid by the City out of any available funds due and owing them under the terms of this agreement for unused sick leave benefits upon retirement. ARTICLE VIII VACATIONS AND HOLIDAYS A. Vacation leave shall be accrued as follows: Years of Service Vacation Allowance First through Fourth Year 112 hours Fifth through Ninth Year 136 hours Tenth through Fourteenth Year 160 hours Fifteenth Year and Thereafter 192 hours B. All accrued vacation may be taken after six (6) months' service. C. Vacation (and sick leave) accrued time are to be computed from hiring date anniversary. D. Upon one (1) week's written notification to the Chief of Administrative Services, an employee represented herein shall be entitled to receive vacation pay, less deductions, in advance, prior to his regularly scheduled annual vacation. Such advancements are limited to one during each calendar year. E. Once during each fiscal year, each employee shall have the option to convert into a cash payment or deferred compensation up to a total of eighty (80) hours of earned vacation benefits. Such pay may be reported to PERS as salary. The employee shall give two (2) weeks' advance notice of his/her desire to exercise such option. F. The maximum vacation accumulation shall be 400 hours. G. The following are paid holidays: 1. New Year's Day 2. Martin Luther King, Jr., (third Monday in January) 3. Washington's Birthday (third Monday in February) 4. Memorial Day (last Monday in May) -7- 0349X 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 11) 8, Thanksgiving Day (fourth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Day (December 25) 11. 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. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. ARTICLE IX GRIEVANCES A. Representation. In an effort to encourage the resolution of employee grievances at the level closest to their point of origin, and to further encourage an equitable handling of employee grievances, it is agreed that in any grievance proceeding the aggrieved employee may appear in person and/or by his representative or counsel. B. Procedure. The City Administrator or his designee shall act as hearing officer and shall conduct all hearings and proceedings in non-disciplinary grievances pursuant to Step 4 of Rule 19 of the Personnel Rules of the City of Huntington Beach. C. Arbitrator. In lieu of the hearing noted in Personnel Rules 19 and 20, the CITY and the ORGANIZATION may by mutual agreement submit a grievance to a neutral arbitrator whose decision shall be final and binding on the parties. ARTICLE X PERSONNEL RULE CHANGES A. Personnel Rules. The ORGANIZATION agrees to meet and confer during the term of this agreement, when requested by the CITY, on modification and/or revision of the city Personnel Rules and/or Departmental Rules. B. The City and the ORGANIZATION agree to implement the following rule and accordingly revise the Personnel Rules as described herein: 1. 8-3. Layoff in Accordance with Length of Service. Determination of Length of Service. Professional, Scientific and Executive Classes. Layoff shall be made in accordance with the relative length of service of the employees in the service; provided, however, that no permanent employee shall be laid off until all temporary, acting and probationary employees in the competitive service holding positions in the same class in the same department are first laid off. In determining length of service scores, one point shall be allowed for each complete month of full-time, continuous -8- 0349X service in the class of layoff or demotion and in classes that, at the time notice of layoff is given, have the same or a higher maximum salary. One-half point shall be allowed for each complete month of full-time, continuous service in all other classes. Full-time, continuous service shall be computed based on the most recent term of continuous service with the city. "Continuous" service shall mean permanent or part-time permanent service with the city which is unbroken by a permanent separation from the service of more than ninety (90) days. 2. Maternity Leave - An employee shall be entitled to a leave of absence without pay due to inability to work due to pregnancy. The employee will be entitled to use available sick leave during this period. Said leave must be requested in writing from the Department Head and must include a written notification from the employee's attending physician stating the last day the employee may work and estimated duration of leave. The employee must obtain written authorization to return to work from the attending physician. Said authorization must be filed with the Department Head and the Personnel Manager. 3. Rule 5-20 - Duration of Employment Lists - Employment lists shall remain in effect for one (1) year from the date of the last examination, unless sooner exhausted. Such lists may be extended prior to expiration date by the Personnel Director when requested by the Department Head, for additional periods but in no event shall an employment list remain in effect for more than two (2) years. Names placed on such lists shall be merged with others already on the list in order of scores. 4. Rule 19-5, Step 4 - City Administrator - If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within five (5) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Personnel Director who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Personnel Director, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decisions in the form of a written report and recommendation to the City Administrator within five (5) days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. Within five (5) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Personnel Director. -9- 0349X 5. Rule 19-5, Step 5 (b) - Hearing - As soon as practicable thereafter, the Personnel Director shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. The hearing officer shall hear the case and shall make recommended findings, conclusion and decision in the form of a written report and recommendation to the Personnel Commission. If the Personnel Commission agrees to hear the case in lieu of a hearing officer, its decision shall be final. 6. Rule 21-7 - Hearing Officers - The hearing officer provided for in Rules 19 and 20 shall be selected by mutual consent of the parties. If the parties are unable to agree upon a hearing officer, the Personnel Director shall select a hearing officer from a list provided by the Personnel Commission. The Personnel Director shall make the selection from the list on a rotation basis. ARTICLE XI VEHICLE POLICY The City Vehicle Use Policy currently in effect shall be amended to: 1. Add to the non-department head employees eligible for an auto allowance, those employees covered by this agreement who are assigned a vehicle on a permanent basis, as of the date of this agreement. 2. Effective July 1, 1987, increase the Automobile Allowance to Two Hundred and Seventy-Five Dollars ($275) per month for non-department heads. ARTICLE XII BEREAVEMENT LEAVE AND FAMILY ILLNESS LEAVE Employees shall be entitled to bereavement leave not to exceed three (3) working days per calendar year in case of death in the immediate family. "Immediate family" is defined as father, stepfather, mother, stepmother, sisters, brothers, stepsisters, stepbrothers, mother-in-law, father-in-law, spouse, children or stepchildren. 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 XII EDUCATION COSTS A. Education costs shall be paid to employees on the basis of full refund for tuition, fees, books and supplies; provided, however, that maximum reimbursement shall be at the rates currently in effect in the University of California system or the California State Fire Academy. B. Those employees enrolled in an approved course or program of study prior to date of this agreement may complete said course and be reimbursed the actual costs of tuition, fees, books and supplies. -10- 0349X 4; C. Upon approval of the Department Head and the Deputy City Administrator Administrative Services, employees may be compensated for actual cost of tuition, books, fees, at accredited educational institutions that charge higher rates than the University of California, if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. D. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval of the Department Head. E. Refunds shall be made when the employee presents proof to the Chief of Administrative Services that he/she has paid such costs and successfully completed the course. ARTICLE XIV UNIFORM ALLOWANCE CITY agrees to provide uniforms to employees on active duty who are required to wear uniforms to the same extent as in the past. ARTICLE XV TIME OFF Employees represented herein shall not be eligible for overtime compensation. However, time off for such employees may be granted by their respective department heads. ARTICLE XVI PHYSICAL EXAMINATIONS Employees covered by this agreement shall be provided once every two years with a city paid physical examination. Said exam shall be comprehensive in nature and shall include: A. A complete medical history, physical exam, laboratory testing and review of results by a physician. (See Exhibit B, Physical Exam Description.) B. A stress EKG will be provided for employees forty years of age or older. No more than one-half of the eligible employees shall receive examinations in any one fiscal year. ARTICLE XVII MID-YEAR SALARY REVIEW The following classifications will be included in the City's annual mid-year salary review: Department Analyst Sr., Fire Administrative Deputy and Librarian Senior. After reviewing input from the MEO on any City proposed salary changes for the above classifications, any approved increases shall be effective March 1, 1988. ARTICLE XVIII TERM This Agreement shall be in effect for a period of one year commencing July 1, 1987, and ending at midnight, June 30, 1988. -11- 0349X ARTICLE XIX CITY COUNCIL APPROVAL It is the understanding of the CITY and ORGANIZATION that this Memorandum of Understanding is of no force or effect unless and until adopted by resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 14 t h of December , 1987 . CITY OF HUNTINGTON BEACH HUNTINGTON BEACH MANAGEMENT A Municipal Corporation EMPLOYEES ORGANIZATION Paul Cook Jttn Halvorsen, President y A str r Roe J. anz f Robert Sangster, Negotialfng Chairman Deputy ILY Administrator ell - l ; zv� Charles Goldstein Nick Beradino, Business Agent APPROVED AS TO FORM: 17 ail Dutton, City Attorney G�son 6--` - -12- 0349X EXHIBIT A CITY OF HUNTINGTON BEACH ADMINISTRATIVE SERVICES DEPARTMENT June 27, 1987 Management Employee's Organization Salary Schedule Job Code Title Range Salary 0259 Accounting Officer 450 $3565-4417 1203 Art/Cultural Manager 395 2709-3357 0211 Assistant City Attorney 487 4288-5313 1263 Asst Bld Off/St Eng 455 3657-4529 0231 Battalion Chief 465 3841-4760 0264 Beach Operations Supv 427 3181-3938 0234 Beach Services Manager 469 3923-4857 1212 Chief Electrical Inspector 412 2947-3652 1214 Chief Plumbing Inspector 412 2947-3652 0271 Chief Public Works Inspector 427 3181-3938 1215 Chief Combination Inspector 412 2947-3652 1213 Chief Structural Inspector 412 2947-3652 1204 Circulation Librarian 405 2851-3531 0210 City Engineer 504 4668-5782 1209 Civil Engineer Assoc. 434 3293-4079 1249 Department Analyst Sr. 395 2709-3357 1235 Deputy Attorney 411 2935-3635 1233 Deputy Attorney II 449 3546-4394 1230 Deputy Attorney III 476 4058-5027 0204 Deputy Director Building Official 465 3841-4760 0220 Deputy Dir Hsg/Redev 470 3940-4881 0221 Deputy Director/Dev Prog Adm 465 3841-4760 0206 Deputy Director, City Planner 465 3841-4760 0285 Director Library 481 4163-5157 0290 Director of Finance 486 4267-5287 0230 Division Engineer 471 3957-4905 0 213 Division Fire Chief 486 4267-5287 1253 Fire Administrative Deputy 395 2709-3357 2201 Fire Protection Analyst 415 2993-3709 0247 Information Systems Manager 465 3841-4760 0288 Insurance and Benefits Manager 459 3728-4619 1218 Librarian Senior 364 2321-2877 0233 Marine Safety Captain 440 3392-4203 1247 Operations Supervisor 405 2851-3531 -13- 0349X EXHIBIT A June 27, 1987 Management Employees Organization Salary Schedule Job Code Title Range Salary 1211 Planner Assoc. 407 $ 2879-3565 0243 Planner Senior 433 3274-4058 0226 Principal Accountant 415 2993-3709 0244 Principal Development Planner 448 3529-4371 1260 Principal Engineer 449 3546-4394 0249 Principal Redev Spec 448 3529-4371 0262 Property Manager 465 3841-4760 0235 Public Information Officer 427 3181-3938 1265 Public Liability Claims Coordinator 406 2863-3548 1239 Purchasing/Central Services Manager 428 3195-3957 0266 Rec & Human Svcs/Park Dev. Spclst Sr. 414 2978-3690 0245 Redevelopment Specialist 407 2879-3565 1250 Senior Deputy City Treasurer 450 3565-4417 1264 Senior Engineer 427 3181-3938 0257 Supt. Parks, Trees & Landscape 449 3546-4394 0260 Supt. Rec. & Human Services 449 3546-4394 0261 Supt. Rec. & Park Development 449 3546-4394 0272 Sup. Building Maintenance 427 3181-3938 0273 Sup. Mechanical Maintenance 427 3181-3938 0274 Sup. Parks 427 3181-3938 0275 Sup. Sewer Maintenance 427 3181-3938 0277 Sup. Street Tree Maintenance 427 3181-3938 0279 Sup. Water Maintenance 427 3181-3938 0280 Sup. Water Production 427 3181-3938 0265 Supv Criminalist 430 3226-3995 0229 System Analyst Sr. 408 2891-3583 1219 Tech. Service Librarian 405 2851-3531 0237 Traffic Engineer 455 3657-4529 0258 Water Superintendent 471 3957-4905 1255 Workers Compensation Coordinator 406 2863-3548 -14- 0349X EXHIBIT B HEALTHHEX 1700 TEST PANEL 109 I. COMPLETE HEALTH HISTORY II. COMPLETE PHYSICAL EXAMINATION BY PHYSICIAN III. COMPUTER PRINTOUT A. Physiological Tests 1. Temperature 2. Height 3. Weight 4. Vision 5. Audiometry (hearing screening) 6. Blood pressure 7. Pulse 8. Chest X-Ray 9. EKG 10. History 11. Tonometry (glaucoma) for patients 35 and over 12. Spirometry (breathing) B. Lab Tests 1. Blood Chemistry Screening Tests SGPT Triglycerides SG OT Glucose Fasting LDH BUN Alk. Phosphatase Creatinine Total Bilirubin Uric Acid Total Protein Calcium Albumin-Serum Inorganic Phosphate Globulin Sodium Cholesterol Postassium 2. Complete Blood Count 3. Urinalysis 4. Stool Test for Blood 5. RPR 6. Pap Smear on Females 7. HDL IV. EXAMINATION FINDINGS A. Consultation with M.D. B. Written Report of Findings -15- 0349X EXHIBIT C CITY OF HUNTINGTON BEACH ALTERNATIVE TO PERS MEDICAL PROGRAM MEET AND CONFER MANAGEMENT EMPLOYEES ORGANIZATION Following is a description of a City proposed alternative to the PERS Medical Program for City of Huntington Beach retiree medical coverage. Applies only to future retirees. A two-tier City Plan. Will be administered under the umbrella of the City Self Insured Medical Program. One level of coverage will apply to employees and a different level of coverage would apply to employees retiring after the effective date of implementation of the program. The benefits for retirees will be generally the same as the current City program with the main differences described in the attachment. Benefits for employees (prior to retirement) would remain essentially as currently provided with changes as agreed to during current meet and confer sessions with the Fire Association and with the addition of a prescription drug card with separate deductibles of $4 for generic and $6 for non-generic prescriptions. The Retiree Medical Plan would provide the following financial contributions by the City towards retiree medical premium costs: I. City Payment of Retiree Medical Premiums - The City would pay a portion of the retiree's medical premium based on years of service as follows: Years With City City Payment of Premium 5 - 10 Years Service $10 Per Month 11 - 20 Years Service $25 Per Month 20 Years or More $50 Per Month II. Medical Insurance Retirement Fund - Two accounts would be established for each participating employee in a newly created Medical Insurance Retirement Fund. One account would be the "employee contribution" account and the other the "city contribution" account. -16- 0349X EXHIBIT C (Continued) CITY OF HUNTINGTON BEACH ALTERNATIVE TO PERS MEDICAL PROGRAM MEET AND CONFER MANAGEMENT EMPLOYEES ORGANIZATION A. City Contribution - The City would contribute $12 per payday to the "city contribution" account for any employee who contributes at least $6 per payday to the "employee contribution" account. Vesting rights for the funds (plus interest) in the City Contribution account ($12 per payday) would be based on years of service as follows: 1. 50% vested for 0 - 10 years service 2. 75% vested at 11 years service 3. 100% vested at 20 years service B. Employee Contribution - Employees would be required to contribute a minimum of $6 per payday in order to participate in the Fund. Employees could contribute additional amounts to the employee contribution account at their option. Such additional contributions could be from the following: 1. Payroll deduction 2. Conversion of vacation hours 3. Conversion of a portion of sick leave hours 4. Other ? The Fund would be administered by the City in a separate fund and all administrative costs would be paid from the fund. The plan details will be further discussed with the MEO prior to implementation. The financial contributions by the City will be effective January 1, 1988. -17- 0349X 324f CITY OF HUNTINGTON BEACH COMPARISON OF INDEMNITY PLANS (Reflects PERS 8/1/87 Changes) CURRENT PROPOSED CITY PLAN BENEFITS PERS MEDICAL - CWTO CITY PLAN EMPLOYEES RETIREES Inpatient Hospital 100% PPO Hospitals - after 100% - No deductible 100% - No 80% after Benefits deductible deductible deductible 60% Non PPO Hospitals - after deductible 85% Non PPO Hospitals in areas without PPO Hospitals - after deductible Deductible $ 200 per person, $500 family $125 per person, $150/$400 $200/500 maximum $375 family maximum Maximum Out of $2,000 (may be higher - policy $400 $550 $1,000 Pocket Employee unclear) Expense (Excludes Deductible) Accident Benefit None (covered same as other $500 $500 None medical expenses) (covered same as other expenses) Prescription Drugs Additional deductibles as follows: 80% after normal PCs PCs $4 deductible per prescription ($125/375) deductible $4 - $6 $4 - $6 for generic, $6 deductible per prescription for non generic Major Medical 85% PPO doctor -after 80% after deductible 80% after 80% after deductible deductible deductible 60% Non PPO doctor - after deductible 80$ X-rays, lab, etc. - after deductible EXHIBIT D CITY EF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTIKTON BEACH To MANAGEMENT EMPLOYEES From ROBERT J. FRANZ ORGANIZATION Deputy City Administrator Subject DENTAL COVERAGE Date SEPTEMBER 29, 1987 CITY SPONSORED INDEMNITY PLAN (Delta) CITY SPONSORED PRE-PAID PLAN (PMI) ` As you know, we have two dental plans; an indemnity plan (any dentist) and a pre-paid plan (panel dentists). Employees may choose either of the plans. Roughly 50$ of the employees are in each plan. We wish to review with the Association two problems that have developed on the dental plans. Problem +1 - For many years the carrier for both the indemnity plan and the pre-paid plan has been Private Medical Care on P.M.I. Last year Delta Dental, the nation's largest dental carrier, purchased P.M.I. and has a result, Delta Dental replaced P.M.I. as the indemnity plan dental carrier. There were several advantages to the City on the change. Coverage would essentially be the same, there would be better service, and in the area of orthodontia, we would no longer be confined to using the P.M.I. designated orthodontists. Delta, however, could not use the exact P.M.I. wording describing the orthodontia benefit (due to their agreement with participating dentists). P.M.I. Orthodontia Benefit: Up to $1,100 out of pocket expense to the employee Delta agreed to the following: 60% of expenses to $3,000. Also if any current covered individual undergoing orthodontia treatment would receive less than under the prior plan, it is agreed, on a case by case basis, that Delta will remedy. Eventually, 'however, this will be the new benefit. Problem 2 - Having to do with the P.M.I. orthodontia benefit. The pre-paid dental plan insured by P.M.I. goes back ten years. Pre-paid dental plans were in the infancy and the City's plan was one of the first such plans adopted. P.M.I. in preparing the original contract years ago, neglected to spell out the usual and customary restrictions on orthodontia; the two main restrictions being that the orthodontia coverage does not include "start-up costs, "g o u e so .called . ::of $250 and coverage; ceases after 24 month treatment plan. This original contract omission has caused constant problems over the years since the City's contract said one thing and the P.M.I. contract with their panel orthodontist said another. Recently, P.M.I. prepared a new contract to replace the old contract so as to up-date all the benefit changes, which also would facilitate preparation of employee booklets, etc. As part of the new contract, the orthodontia restrictions described above were included. This might be construed as a reduction in benefits, and therefore, we have been able to get P.M I. to agree to the following benefit increases: 1. Coverage for general anesthesia is added at no cost for extractions when medically necessary; (prior to this was no coverage for general anesthesia). 2. Coverage for dowel posts and pin build-ups included at no cost. 3. Decrease the limitation on crowns, partials, and dentures five years to three years. 4. The present emergency benefit for out-of-area treatment is increased from $50 to $100. 5. The effective date of the orthodontia limitations and the above improvements to be 1/i/88. 6. The above change in orthodontia coverage not to apply to any individual undergoing an orthodontia: treatment plan on 1/1/88 until such treatment"plan ceases. r -18- 0349X r 0553J - 10/30/87 MEET AND CONFER Management Employees Organization Proposed Settlement 1. Salary Increase - 4.0% salary increase effective-July 1, 1987. 2. Inequity Adjustments - 5% additional increase for Technical Services Librarian, Circulation Librarian, and Operations Supervisor. 3. Term - One year. 4. Auto Allowance - Increase from $250 to $275 per month. 5. Retiree Medical - As proposed by City. 6. Employer/Employee Relations Rule Changes - Rule changes to the unit modification procedure. 7. Personnel Rule Changes A. Grievance Procedure - Correct an error in the current rules whereby there is no time period specified by which an appeal from Step 3 to Step 4 must be filed. B. Hearing Officers - Specify that a hearing officer may be selected by mutual consent or from Personnel Commission list. C. Employment Lists - Add a provision for extending employment lists created as result of an open recruitment process. B. Medical Plan Changes - Cost Control: A. Deductibles - Increase deductibles from $125 per individual to $150 per individual and 375 per family to $400 per family. B. Attachment Point - Attachment point to be increased to $550. C. Chiropractic Payments - Limit the annual dollar amount ($1,000) for chiropractic treatments or a limit of 24 treatments total per year. D. Preventive Care - Incorporation of preventive care benefits into indemnity plan with a maximum dollar limit of $200 per year for these costs. E. Substance Abuse Treatment - Initial coverage of four days of in-patient care for detoxification, with an annual dollar limit and a lifetime maximum dollar benefit. 9. Dental Plan - Modify plan per requirement of insurance carrier. 10. PERS Pick-Up - City to pay full 9% employee PERS contribution for safety employees. l 1. Alternate Use of Sick Leave Payoff - Allow unused sick leave payoff to be used for payment of medical premiums at retirement (employee's option). 12. Retroactive Reporting - Final Year's Salary - Amendment to MOU to allow reporting of PERS pick-up and auto allowance retroactively on an exception basis. Res. No. 5828 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 adjourned meeting thereof held on the 14th day of December 19 87 by the following vote: AYES: Councilmen: Kelly, Green, Finley, Mays, Winchell, Bannister NOES: Councilmen: None ABSENT: Councilmen: Erskine Alicia M. Wentworth, City Clerk City Clerk and ex-officio Clerk of the City Council of. the City of Huntington Beach, California By: _ dil� � a Connie Brockway, Deputy Cito Clerk,