HomeMy WebLinkAboutCity Council - 5898 RESOLUTION NO. 5898
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH FIREMEN ' S
ASSOCIATION AND THE CITY OF HUNTINGTON BEACH
FOR 1987-1990
The City Council of the City of Huntington Beach does
resolve as follows:
The Memorandum of Understanding between the City of
Huntington Beach and the Huntington Beach Firemen' s
II Association, dated 027/ /9—Z5X/ , a copy of which
is attached hereto and by reference made a part hereof, is
hereby approved and ordered implemented in accordance with the
terms and conditions thereof, and the City Administrator is
authorized to execute this agreement . Such Memorandum of
Understanding shall be effective for the term October 1, 1987 ,
to September 30 , 1990 .
Mayor Pro Tem
ATTEST: APPROVED AS TO FORM:
Civty Clerk City Attorney �C
APPROVE AS T C TENT: AP VED:
f �
Deputy C ' ty dministra or City Administrator
Fire Chief,"
5898
i
TABLE OF CONTENTS
TITLE PAGE
Preamble 1
Article 1 Representational Unit 1
Article 2 Salary Schedules 2
Article 3 Work Schedules, Hours Worked, Paid Overtime,
Compensatory Time, Standby and Pagers 2
Article 4 Minimum Manning and Filling of Vacancies 5
Article 5 PERS Reporting and Reimbursement 7
Article 6 Retirement 8
Article 7 Sick Leave 9
Article 8 Holidays 10
Article 9 Vacations 10
Article 10 Bereavement Leave 12
Article 11 Insurance 12
Article 12 Education Incentive Plan 16
Article 13 Court Service 17
Article 14 Compensation for Supervisors 17
Article 15 Administrative Appointment 17
Article 16 Certification in Class and Additional Compensation 18
Article 17 Assigned Shift Policy 20
Article 18 Promotional Examinations 20
Article 19 Safety Clothing and Uniforms 21
Article 20 Time Off - Association Business 23
Article 21 Quarters 23
Article 22 Reinstatement of Employees No Longer Disabled 23
Article 23 Personnel Rules 23
Article 24 Layoffs 23
Article 25 Precedence 23
Article 26 Severability 24
Article 27 Existing Conditions of Employment 24
Article 28 Management Rights 24
Article 29 Term of Memorandum of Agreement 24
Article 30 City Council Approval 25
List of Exhibits:
A Salary Schedule
B Health Net Plan Description
C FHP Plan Description
D CITY Indemnity Health Plan Description
E Retiree Medical Plan
F Dental Plans
G b�iot v ara Platr
H
I Resolution #3335 - Unit Modification
J Personnel Rules Changes
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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, 1987 to September 30, 1990, and,
All terms and conditions of this Memorandum of Understanding (MOU) 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 of
June, 1988 and becomes effective as of October 1, 1987 and it is agreed as follows:
ARTICLE 1
REPRESENTATIONAL UNIT
A. 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:
Deputy Fire Marshal Firefighter
Fire Captain Firefighter Paramedic
Fire Captain Paramedic Fire Protection Specialist
Fire Controller Reserve Firefighter
Fire Engineer Supervising Fire Controller
Fire Engineer Paramedic
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B. The CITY and the ASSOCIATION have agreed to a procedure whereby the
CITY, by and through the Personnel Director, would be entitled to propose a Unit
Modification. This agreement consists of a modification of the City of Huntington Beach
Employer-Employee Relations Resolution (Resolution Number 3335) as set forth in and
attached hereto as Exhibit "I." The CITY hereby agrees not to propose a unit modification
of the existing FIRE ASSOCIATION unit.
ARTICLE 2
SALARY SCHEDULES
A. Effective October 1, 1987, through September 30, 1990, 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."
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
WORK SCHEDULES, HOURS WORKED, PAID OVERTIME,
COMPENSATORY TIME, STANDBY AND PAGERS
A. WORK SCHEDULES
1. All Fire Controllers shall work the ten (10) and fourteen (14) hour shift,
forty (40) hour average work week schedule. For each shift actually worked, Fire Con-
trollers shall receive as compensation for break periods worked, an additional sum equal
to one-half (1/2) 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 twenty-four (24) hour shift employees shall work an average of
fifty--six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24)
hour shifts in a fifteen (15)day period with six (6) consecutive days off.
3. All twenty-four (24) hour shift employees shall be on a fourteen (14) day
work period as defined by the Fair Labor Standards Act (FLSA).
4. Fire Prevention/Staff and administrative work schedules are to be forty
(40) hours per week on a four (4) day work week, ten (10) hours per day.
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The maximum time allowed within the forty (40) hour work week
schedule for both lunch and physical fitness shall not exceed four (4) 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.
5. The Fire Department shall allow ASSOCIATION members exchanges of
schedule pursuant to Policy D-7 of the Huntington Beach Fire Department Organization
Manual. Policy D-7 (Exchange of Schedule) may be modified by mutual agreement of the
parties at any time during the term of this MOU. Exchanges of time shall not be
considered when computing hours worked as defined in this Article.
B. HOURS WORKED
1. 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" except as provided in Article 3.B.2 and 3.13.3 below.
2. For Fire Controllers, in each work period (seven (7) days) in which they
are scheduled to work forty-eight (48) hours, hours worked shall be defined as actual time
worked, approved vacation and/or compensatory paid leave and/or up to eight (8) hours of
paid sick leave and/or leave for industrial illness or injury.
3. Effective July 9, 1988, employees on a twenty-four (24) hour shift
schedule shall not lose premium pay for regularly scheduled hours if sick leave is taken
during the fourteen (14) day work period.
4. An employee shall be considered to be working if he/she is ordered to
duty by the Fire Chief or his designee.
5. Exchange of shifts shall occur at 0800 hour each day. However,
employees shall actually arrive sufficiently in advance of 0800 so as to comply with Fire
Department Rules and Regulations, Policy B-2, Section 7.37. Said advance time shall not
constitute hours worked.
6. An employee may be relieved by any other employee who is qualified to
relieve him/her 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. This early relief privilege may be revoked
by the employee's supervisor if abuses occur. It is understood and agreed that such early
relief provisions shall not result in any additional cost to CITY.
7. Meal periods are paid as hours worked for personnel who are subject to
call for emergency duty.
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8. 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 (1/4) hour.
C. PAID OVERTIME
1. 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 MOU.
2. All employees covered by this MOU shall be eligible for overtime pay at
their premium hourly rate for all actual work performed in excess of the employees
scheduled hours in their declared work period.
3. 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/her regular classification.
4. CANCELLATION OF SCHEDULED OVERTIME. Any employee who is
scheduled to work overtime in advance of the time set forth for such scheduling in
Huntington Beach Fire Department Organization Manual, Policy D-3, which scheduling is
subsequently cancelled less than seventy-two (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.
5. 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.
6. 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.
D. COMPENSATORY TIME
1. All overtime worked by non-exempt employees shall be compensated at
the employees' premium hourly rate of pay and shall not be compensated by compensatory
time off.
2. For all exempt employees, in lieu of compensation by cash payment for
overtime as provided in this Article, Section C.2, 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.
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Compensatory time may be accumulated to a maximum of one hundred
twenty (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 the employees premium hourly rate. 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 premium hourly rate
based upon the salary schedule in effect prior to the change.
E. MANDATORY STANDBY. Any employee may be placed on "mandatory
standby" by the Fire Chief or his designee. Employees on mandatory standby must remain
available for immediate response during the designated standby period. All personnel
placed on mandatory standby shall receive a minimum of two (2) hours compensation for
each-'twelve (12) hours of off duty standby time or fraction thereof.
F. PAGERS. Recognizing that personal pagers are part of the Fire
Department's business and emergency alerting system, pagers shall be issued and worn
only on a voluntary basis, with the exception of members who are placed on mandatory
standby who may be required to wear a personal pager while on such standby. An
employee placed on mandatory standby may voluntarily wear a pager, and if so, shall
receive a minimum of two (2) hours compensation for each twenty-four (24) hours of off
duty standby time or fraction thereof.
Members assigned to special staff or prevention duties and voluntarily
receiving other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be
required to wear pagers and respond while off duty when within pager call range.
ARTICLE 4
MINIMUM MANNING AND FILLING OF VACANCIES
A. MINIMUM MANNING. The CITY shall cause apparatus to be manned with
sufficient manpower to assure the safety of employees and the control of risk. For these
purposes, 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.
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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 or two (2) Firefighter Paramedics.
4. Paramedic units shall be manned with no less than two (2) paramedics
from the following appointed ranks; Firefighter Paramedic, Fire Engineer Paramedic or
Fire Captain Paramedic.
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.
B. FILLING OF VACANCIES
1. Employees acting in a higher classification, when properly qualified and
compensated in accordance with Article 3, shall be considered equivalent to the required
classification.
2. Either one (1) Firefighter or one (1) 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.
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3. 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 this Article, 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. 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.
4. 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.
5. 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.
C. DEFINITIONS
1. 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.
2. 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.
3. For the purpose of this Article, a Paramedic unit shall be defined as any
Fire Department vehicle that is manned with no less than two (2) Firefighter Paramedics.
D. NEW EQUIPMENT. Any Fire Department apparatus, vehicles, technological
changes, and new innovations will be discussed with the ASSOCIATION, along with any
minimum manning requirements, prior to being placed in full service for immediate
response.
ARTICLE 5
PERS REPORTING AND REIMBURSEMENT
A. For the purpose of reporting base salary to the Public Employees Retirement
System (PERS), for all twenty-four (24) hour shift employees, such compensation shall be
computed on the basis of one hundred six (106) hours at the employee's regular rate, and
six (6) hours at the employee's premium rate under FLSA for each fourteen (14) day work
period, except when the employee is in "lost time" status. Lost time status is defined as
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;ime when the employee is regularly scheduled to work and does not work and receives no
compensation.
B. Each safety employee covered by this MOU shall continue to be reimbursed
an amount equal to nine percent (9 0) of the employee's base salary as the CITY's
payment toward the employee's contribution to the Public Employees Retirement System.
Each non-safety employee shall continue to be reimbursed an amount equal to
seven percent (7 a) 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.
C. Each employee eligible for service retirement may have his/her PERS pickup
reported as compensation for all or any part of any twenty-four (24) 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, if
permitted by PERS, will be decided on an individual request basis and shall require the
approval of the Personnel Director.
ARTICLE 6
RETIREMENT
A. The CITY shall provide all safety employees with that certain retirement
program commonly known and described as the 112 o 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 (Government Code Sections 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 contract with PERS to have retirement benefits calculated
based upon the employee's highest one year's 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 MOU.
0440X (06/07/88) -8-
5898
E. In the event a member elects Option #2 (Government Code Section 21333) or
Option #3 (Government Code 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/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 the sole discretion of the CITY. This benefit is vested for
employees covered by this MOU (Note: The options provide that the allowance is payable
to the member until his/her death, and then either the entire allowance [Option #21 or
one-half (1/2) of the allowance [Option #31 is paid to the beneficiary for life). Nothing in
this Article shall be deemed to restrict the CITY's right to contract with PERS for the
benefits provided under this Article.
ARTICLE 7
SICK LEAVE
A. Sick leave accrual shall be in accordance with Rule 18-9 of the CITY's
Personnel Rules. Employees covered by this MOU shall accrue sick leave at the rate of
3.6923 hours per pay period. Effective July 9, 1988, the conversion factor for sick leave
usage for twenty-four (24) hour shift personnel shall be changed from .6667 to .7143. All
accumulated hours on the books as of July 9, 1988, for all personnel, except Fire Control-
lers and Supervising Fire Controllers, shall be increased by multiplying such hours by
1.07145.
B. SICK LEAVE ACCUMULATION PAYOFF
1. Upon termination for reasons other than for industrial disability
retirement, employees shall be paid (or have paid on their behalf as provided in Article 11)
at their current salary rate for twenty-five percent (25 0) of unused, earned sick leave
from four hundred eighty (480) through seven hundred twenty (720) hours, and for fifty
percent (50 0) of all unused, earned sick leave for hours in excess of seven hundred twenty
(720) hours.
2. Upon termination for industrial disability retirement, employees shall
be paid (or have paid on their behalf as provided in Article 11) at their current salary rate
for twenty-five percent (25%) of unused, earned sick leave from zero (0) through four
hundred eighty (480) hours, and for fifty percent (50 0) of all unused, earned sick leave in
excess of four hundred eighty (480).
C. Sick leave cannot be used to extend absences due to work related (industrial)
injuries or illnesses.
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D. FAMILY SICK LEAVE
I. 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.
2. Other employees shall be entitled to family sick leave in accordance
with Rule 18-8(d) of the CITY's Personnel Rules.
3. 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
.0385 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. Martin Luther King's Birthday
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veterans' Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. 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.
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.
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
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annual vacations at the following rates:
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 one hundred
thirty six (136) 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 one hundred
sixty (160) hours per year.
4. After fourteen (14) years of continuous service, vacation time shall be
accrued at the rate of one hundred ninety-two (192) hours per year.
5. Employees with twenty (20) years of continuous service as of
July 9, 1988 shall accrue vacation time at a rate of 205.72 hours per year.
6. Vacation allowance shall not be accumulated in excess of three hundred
twenty (320) hours.
C. CONVERSION FACTOR. Effective July 9, 1988 the conversion factor for
vacation usage for twenty-four (24) hour shift personnel shall be changed from .6667 to
.7143. All accumulated hours on the books as of July 9, 1988, for all personnel, except
Fire Controllers and Supervising Fire Controllers, shall be increased by multiplying such
hours by 1.07145.
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 no employee shall take vacation that is being accrued
while the employee is on vacation. Vacations shall be taken only with permission of the
Fire Chief or his designee, who shall schedule all vacations with due consideration for the
request of the employee and particular regard for the need of the Department.
E. CASH PAYMENT.
1. On two (2) occasions during each fiscal year, each employee shall have
the option to convert into a cash payment up to a total of eighty (80) hours of earned
vacation benefits, provided that no more than eighty (80) total hours of earned vacation
benefits shall be so converted during any one (1) fiscal year. The employee shall give two
(2) week's advance notice of his/her desire to exercise such option.
2. Vacation accumulated in excess of three hundred twenty (320) hours
shall be paid in cash at the straight time rate on the first payday following such
accumulation.
3. Cash payment in paragraph E.1 above may be reported to PERS as
salary.
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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
calendar year.
G. VACATION 'PAY UPON TERMINATION. Except as provided in Section E of
this Article, 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/her current salary rate for all unused, earned vacation to which he/she is entitled up
to and including the effective date of his/her 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 (1) to Firefighters, one (1) to Engineers, one (1) to Firefighter
Paramedics and one (1) 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 in each instance of death in the immediate family. Immediate
family is defined as father, mother, sister, brother, spouse, children, grandfather,
grandmother, stepfather, stepmother, stepgrandfather, stepgrandm other, grandchildren,
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
INSURANCE
A. MEDICAL INSURANCE
1. The CITY shall provide group medical insurance benefits to all
employees effective on date of hire. The CITY shall provide an indemnity plan as well as
two (2) HMO plans from which the employee may choose. The HMO plans available for
the duration of this MOU shall be Health Net and Family Health Plan. The Plan
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Documents for these plans are attached hereto as Exhibits "B" and "C" respectively.
2. The coverage and benefits provided under the CITY Self-Insured and
Self-Administered Indemnity Plan (hereinafter called "the Plan") shall be as provided in
the Employee Health Plan Document, attached hereto as Exhibit "D."
3. The CITY shall pay the monthly premiums for eligible dependents of
employees under any of the Plans 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 subject to paragraph 4 below.
4. The CITY's obligation to pay for health insurance premiums shall be
limited to four hundred dollars ($400) per month for the duration of this MOU. If the
maximum monthly premium for coverage under the CITY's Employee Health Plan, FHP,
or Health Net exceeds four hundred dollars ($400) on January 1, 1990, or any month
thereafter during the term of this MOU, the parties agree to reopen the meet and confer
process for the limited purpose of discussing the CITY's maximum contribution towards
premiums.
5. Modifications to Exhibit "D."
a. Effective January 1, 1988, the maximum out-of-pocket expense
for covered expenses shall be five hundred fifty ($550) per person per year after the
deductible has been met.
b. Effective January 1, 1988, the Medical Insurance Plan shall be
modified to increase the deductible from one hundred twenty five ($125) to one hundred
fifty dollars ($150) per person; and the maximum deductible per family shall be increased
from three hundred seventy-five ($375) to four hundred dollars ($400) per family during
any period of benefit entitlement as described in Exhibit "D."
C. Effective January 1, 1988, there shall be a benefit not to exceed
two hundred dollars ($200) per person per year for preventive medical care expenses.
Such care shall not be subject to annual deductibles or co-payment provisions of the plan
and shall include preventive medical care expenses such as, but not limited to, an
every-other-year physical exam for adults, yearly PAP test for females, all inoculations
for children, three (3) exams for an infant in the first year of life, flu shots, chest x-rays,
EKG, and other diagnostic lab tests.
d. Effective January 1, 1988, the CITY shall implement a Substance
Abuse Treatment Program with five (5) days of in-patient care for detoxification with a
lifetime maximum benefit of ten thousand dollars ($10,000).
6. Upon retirement, whether service or disability, each employee shall
0440X (06/07/88) -13- 5898
have the following options in regards to medical insurance under CITY sponsored plans:
a. With no change in benefits, retirees can stay in any of the plans
offered by the CITY, at the retiree's own expense, for the maximum time period required
by Federal Law (COBRA), or
b. Retirees retiring after approval of this MOU may participate in
the Retiree Medical Plan, attached hereto as Exhibit °E,° or either of the HMO plans
currently being offered to retirees, based upon the eligibility requirements described in
Exhibit °E." Any employee who retired between October 1, 1987 and May 9, 1988 or on
May 9, 1988 is reporting his/her PERS pickup as compensation pursuant to Article 5, shall
receive benefit payments under this plan identical to benefit payments provided to
employees retiring after October 1, 1989.
7. Retired employees exercising either of the options in Article ll.A.6
above may cause any premiums not paid by the CITY to be paid out of funds due and owed
to them for unused sick leave benefits upon retirement, as provided in Article 7.
However, whenever a retired employee does not have any such available funds he/she shall
have the opportunity to provide the CITY with sufficient funds to pay the premiums. At
retirement, the sick leave hours remaining may, at the employee's option, 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 (3) 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 (1) month in advance, to continue
the group insurance in effect. If, following exhaustion of sick leave funds, a retired
employee fails to provide the CITY with sufficient additional funds to pay premiums, the
CITY shall have the right to notify said retired employee in the manner prescribed above,
that it intends to cause his coverage to be terminated for non-payment of premiums, and
the further right to terminate such coverage, if such default has not been cured within
thirty (30) days following receipt of such notice. Any retired employee electing to obtain
such medical coverage after retirement shall have the further option to terminate such
coverage following the provision of thirty (30)days written notice to the CITY, whereupon
any funds due and owed to him/her 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
0440X (06/07/88) -14- 5898
retired employee within thirty (30) days following receipt by the CITY of such notice.
Once a retired employee elects to terminate such coverage, he/she shall be precluded
from securing it at a later date at the group rate.
B. DENTAL INSURANCE. The CITY shall provide each employee and his/her
dependents the dental and/or orthodontic insurance program contained in PMI Policy
#0038 or Delta Dental Policy #4729-0003, attached hereto as Exhibits "F-1" and "F-2"
respectively. Employees may choose either plan.
C. VISION CARE INSURANCE. The CITY shall implement a Vision Care Plan
effective January 1, 1989 for employees and their dependents at an approximate
composite cost of twelve dollars ($12) per month per employee, to be paid by the CITY.
When implemented, the Vision Care Plan description shall be attached hereto as Exhibit
nGn
D. LIFE INSURANCE
1. The CITY shall provide a Life Insurance Plan for the employees covered
by this MOU. Said plan shall be equal to that provided by Standard Insurance Company
Policy 332175-F, Optional Insurance, Section 1B, Plan A, a copy of which is attached
hereto as Exhibit "H-l."
2. The CITY shall provide an Accidental Death and Dismemberment
Insurance Plan for employees covered by this MOU. Said plan shall have a benefit amount
of fifty thousand ($50,000) as described in Bankers Life Policy #SR83,556-50, attached
hereto as Exhibit "H-2."
E. LONG TERM DISABILITY INSURANCE. The CITY shall pay to the
ASSOCIATION on behalf of each employee covered by this MOU, on a monthly basis, an
amount of thirty four dollars and eighteen cents ($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.
F. MISCELLANEOUS PROVISIONS
1. Nothing in this Article shall be deemed to restrict the CITY's right to
change insurance carriers should circumstances warrant.
2. Nothing in this Article shall be deemed to obligate the CITY to improve
the benefits outlined in this Article.
3. 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 this Article for the duration of any such approved absence not to
exceed twenty-four (24) months.
0440X (06/07/88) -15- 5898
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/her education so as to improve his/her
knowledge and general proficiency which will, in turn, result in additional benefits to the
Fire Department and to the CITY. As certain levels of additional education are
satisfactorily completed and attained, the employee will receive additional monetary
compensation in recognition of his/her educational achievement.
1. Any employee who has completed three (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 Science 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 one hundred dollars
($100). Fire Controllers may also qualify for this level of education incentive pay if they
have a Bachelors Degree in Communications or Sociology.
2. Any employee who has completed six (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 one hundred twenty dollars ($120). Fire Controllers may also qualify for this level of
education incentive pay if they have a Bachelors Degree in Communications or Sociology.
3. Any employee in the permanent classification titles of Fire Captain,
Deputy Fire Marshal or Fire Controller Supervisor who has completed six (6) years of
service with the Huntington Beach Fire Department, and who has attained a Bachelors
Degree in Fire Administration or Public Administration or an equivalent course of study,
as determined by the Education Committee and the Fire Chief, shall receive an additional
monthly payment of One Hundred Fifty Dollars ($150). Fire Controller Supervisors may
also qualify for this level of education incentive pay if ,they have a Bachelors Degree in
Business Administration.
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.
0440X (06/071/88) -16- 5898
C. An Education Committee shall be formed and shall be composed of three (3)
members. Of said three (3) 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.
ARTICLE 13
COURT SERVICE
Employees who are subpoenaed to attend court to serve as witnesses in connection
with matters arising out of the course and scope of employment, or who are summoned to
perform jury service, shall be entitled to their regular compensation while serving;
provided the fees, except mileage and subsistence allowance, if any, which they receive as
jurors or witnesses, are remitted to the CITY.
ARTICLE 14
COMPENSATION FOR SUPERVISORS
A. 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.
B. Effective October 1, 1989, this Article 14 shall be eliminated. The salary
step upon promotion to the classifications listed in this article after October 1, 1989 shall
be determined in accordance with the Personnel Rules.
ARTICLE 15
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, and Fire Control Leadworker shall serve at the
discretion of the Fire Chief. No person shall be appointed to the position of Fire Captain
Paramedic or Fire Engineer Paramedic except on a voluntary basis. Persons appointed to
these positions shall permanently retain their highest previous permanent classification
and anniversary date (step merit salary increases shall coincide with the anniversary date
0440X (06/07/88) -17- 5898
of the employee's permanent classification) which they held prior to their administrative
appointment.
An employee administratively appointed to these positions (with the exception of
Fire Control Leadworker) who subsequently is voluntarily or involuntarily reassigned to a
position within their permanent classification with a lower rate of pay, shall receive a one
(1) 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.
A Fire Control Leadworker who voluntarily returns to his/her permanent
classification of Fire Controller, shall immediately lose the additional compensation paid
to Fire Control Leadworkers provided in Article 16. A Fire Control Leadworker who is
involuntarily reassigned to his/her permanent position of Fire Controller shall maintain a
constant rate of pay until such time as the rate of pay for Fire Controller is equal to or
greater than the pay that he/she received as a Fire Control Leadworker (including
additional compensation as provided in Article 16).
Any administratively appointed employee to the positions of either Fire Captain
Paramedic, Fire Engineer Paramedic and Firefighter Paramedic, who has completed five
(5) years of service in the appointed or any other appointed parallel position, may request
to return to their permanent classification, and shall within one (1) 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 (4) years of service in the appointed or any other appointed parallel
position, may request to return to their permanent classification, and shall within one (1)
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.
ARTICLE 16
CERTIFICATION IN CLASS AND ADDITIONAL COMPENSATION
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 two hundred fifty dollars ($250). Each employee may only receive one such
payment irrespective of the number of times he/she is certified in any position.
0440X (06/07/88) -18- 5898
B. Each time a Firefighter Paramedic, Engineer Paramedic, or Fire Captain
Paramedic working in the position is recertified as a Paramedic, he/she shall be entitled
to a cash payment of two hundred dollars ($200).
C. All Fire Controllers shall receive Emergency Medical Technician (EMT-1)
certification within (1) one year of their date of hire. Additional compensation of one
hundred twenty dollars ($120) per month (effective December 1, 1987) shall be paid at the
time EMT-1 training begins or at date of hire if employee is already currently certified as
EMT-1.
D. As soon as possible after receiving EMT-1 certification, Fire Controllers shall
obtain EMD certification, and the monthly one hundred twenty dollars ($120)
compensation shall remain in effect as long as employee's EMD certification remains
current (effective December 1, 1987). Employees hired prior to October 1, 1987, who do
not have EMT-1 certification, may receive certification bonus of one hundred twenty
dollars ($120) when they become EMD certified without previous EMT-1 certification.
E. Supervising Fire Controller who has current EMD certification shall receive
additional hourly compensation when working as Fire Controller on an hour for hour basis
(effective July 9, 1988).
F. Fire Controllers administratively appointed to the position of Fire Control
Leadworker shall receive additional compensation of two hundred dollars ($200) per month.
G. Those members who have been specially trained for the position of Hazardous
Materials Team Responder, and are specifically assigned by the Fire Chief or his designee
to the Hazardous Material Unit or backup unit, shall receive additional compensation in
the amount of one hundred fifty dollars ($150) per month effective upon adoption of this
MOU, by the City Council, increased to one hundred seventy-five ($175) per month
effective October 1, 1988 and further increased to two hundred dollars ($200) per month
effective October 1, 1989.
H. Up to seven (7) employees who have demonstrated their ability to converse in
Spanish or Vietnamese shall receive a monthly cash payment of fifty dollars ($50). The
manner of demonstrating proficiency and the selection of which eligible employees
receive the cash payment (if more than seven (7) employees are eligible) shall be
determined in a manner to be agreed upon between the Fire Chief and the ASSOCIA-
TION. If the parties are unable to agree, then the determination shall be made by the
Education Committee described in Article 12.C.
I. All compensation paid as a result of this Article shall be reported to PERS as
salary.
0440X (06/07/88) -19-
5898
ARTICLE 17
ASSIGNED SHIFT POLICY
Employees of equal rank shall have the option to change assigned shifts on a
man-for-man basis upon written request to and approval of the Fire Chief.
ARTICLE 18
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.
B. Except for the position of Supervising Fire Controller, where only two (2)
such applicants need apply, promotional examinations shall be administered to only
qualified applicants who are members of the 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 ten (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 Fire Chief must conduct a
new examination within thirty (30) days. If fifty percent (50%) or more of the candidates
(but less than three (3) pass the examination and the Fire Chief does not accept the list,
the parties may agree to conduct a new examination prior to the expiration of the six (6)
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
0440X (06/07/88) -20- 5898
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.
E. If, during the period of this MOU, the CITY and ASSOCIATION meet and
mutually agree upon a new Promotional Examination Policy D-10, it shall be worded so as
to replace the provisions of this Article and this Article 18 shall read:
"Promotional examinations shall be held in accordance with the provisions of
Policy D-10 of the Huntington Beach Fire Department Organization Manual. Policy D-10
may be modified by mutual agreement of the parties at any time during the term of this
MOU."
ARTICLE 19
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated in this Article shall remain
in effect until the Fire Chief or his designee and the ASSOCIATION mutually agree on a
new uniform system and on the date of implementation. On said implementation date, all
safety clothing and uniforms required by the CITY to be worn by employees during
working hours shall:
A. Meet all applicable state and federal regulations relating to said clothing and,
with the exception of station uniforms, be of high quality, fire resistant material.
B. Be provided by CITY with the exception of the physical fitness uniform;
C. Any uniforms with the exception of the physical fitness uniform, that are
destroyed or which become unacceptable, and which were damaged by circumstances
involving the Firefighter's regular work while on duty, shall be replaced by CITY at no
cost to the employee.
D. CITY shall provide the following uniforms:
1. Six (6) sets of daily work uniforms consisting of pants and shirts. One
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. 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.
0440X (06/07/88) -21- 5898
4. Six (6) white T-shirts per year. T-shirts shall be 100 c cotton, round
neck, lot No. 4007 or equivalent from J. C. Penney's.
E. The uniforms described in paragraphs D.1, 2, and 3 shall be replaced by the
CITY whenever the Fire Chief or his designated representative determines that such
replacement is necessary. Any employee who disagrees with the determination of the
Fire Chief or his representative shall have the right to appeal that determination to the
uniform advisory committee, as established below in paragraph K.
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. 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 and physical fitness shoes, payable in the first payroll of
December.
I. During the first year of this MOU, the CITY will reimburse the
ASSOCIATION for approved physical fitness equipment in fire stations previously
purchased by ASSOCIATION in an amount not to exceed five thousand dollars ($5,000).
J. Reserve Firefighters who complete one (1) 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.
K. 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 MOU.
L. 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 Policy D-1. Staff
employees required to wear said uniform shall also be provided with:
1. Three (3) extra shirts for a total of five (5),
2. One (1) pair of dress shoes, and
3. One (1) blazer
0440X (06/07/88) -22- 5898
M. The present uniform policies for non-safety employees shall remain in effect
until the Fire Chief or his designee and the ASSOCIATION mutually agree upon any type
of change.
N. All uniforms and equipment furnished by CITY with the exception of T-shirts
shall remain the property of CITY and be returned or replaced if the employee terminates.
ARTICLE 20
TIME OFF -ASSOCIATION BUSINESS
During the term of this MOU, authorized representatives of the ASSOCIATION
shall be entitled to receive up to a total of three hundred seventy-five (375) collective
hours without any loss of compensation per contract year to be utilized for lawful
ASSOCIATION activities.
ARTICLE 21
QUARTERS
CITY shall provide necessary kitchen, living and sleeping quarters in the several
fire stations and shall continue to provide facilities for ASSOCIATION meetings.
ARTICLE 22
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 23
PERSONNEL RULES
A. The CITY and the ASSOCIATION must meet and confer during the term of
this MOU on modifications of the Personnel Rules and/or Departmental Rules.
B. The CITY and the ASSOCIATION agree to implement rule changes and
accordingly revise the Personnel Rules as described in Exhibit "J."
ARTICLE 24
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 MOU.
ARTICLE 25
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
0440X (06/07/88) -23- 5898
any Fire Department Manual, the provisions of this MOU shall supersede and take
precedence.
ARTICLE 26
SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU 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 MOU and each section, subsection, sentence, clause, phrase or
portion, and any additions or amendments thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions, or the application
thereof to any person, be declared invalid or unconstitutional.
ARTICLE 27
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 28
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 29
TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect commencing on
October 1, 1987, and ending at midnight on September 30, 1990. This MOU 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.
0440X (06/07/88) -24- 5898
ARTICLE 30
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 WREOF, the parties hereto have executed this Memorandum of
Understanding this _day of _ J u tJ 1988.
HUNTINGTON BEACH
CITY OF HUNTINGT ACH FIREMENIS ASSOCIATION
By By �/ CN✓
City Ad iistrato
y _ - By
it f
By A ial;�1/4�q'/��
De uty i y AdOninistrator
By B
Charles Goldstein, Negotiator
By
By
APPROVED AS TO FORM:
BY _.. By
ail Hutton t2 Fire Association Representative
City Attorney
0440X (06/07/88) -25- 5898
EXHIBIT A
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 3, 1987
JOB NO. TITLE RNG A B C D E
6432 Fire Controller NE 335 2011 2122 2238 2361 2491
4432 Firefighter NE 351 2177 2297 2423 2557 2697
2460 Supvg. Fire Controller EX 410 2919 3080 3250 3429 3617
3430 Fire Engineer NE 376 2467 2602 2746 2896 3056
3434 Fire Engineer Paramedic NE 398 2753 2903 3063 3231 3409
4428 Firefighter Paramedic NE 386 2591 2733 2884 3044 3212
4430 Fire Protection Specialist EX 386 2591 2733 2884 3044 3212
1480 Fire Captain EX 410 2919 3080 3250 3429 3617
1483 Fire Captain Paramedic EX 432 3260 3439 3628 3827 4037
1430 Deputy Fire Marshal EX 432 3260 3439 3628 3827 4037
EFFECTIVE APRIL 2, 1988
JOB NO. TITLE RNG A B C D E
6432 Fire Controller NE 339 2051 2163 2283 2408 2539
4432 Firefighter NE 355 2222 2345 2473 2609 2753
2460 Supvg. Fire Controller EX 414 2978 3143 3316 3498 3690
3430 Fire Engineer NE 380 2517 2655 2801 2955 3118
3434 Fire Engineer Paramedic NE 402 2808 2962 3125 3297 3479
4428 Firefighter Paramedic NE 390 2643 2789 2943 3104 3274
4430 Fire Protection Specialist EX 390 2643 2789 2943 3104 3274
1480 Fire Captain EX 414 2978 3143 3316 3498 3690
1483 Fire Captain Paramedic EX 436 3326 3510 3702 3905 4120
1430 Deputy Fire Marshal EX 436 3326 3510 3702 3905 4120
0440X (06/07/88) 5898
EXHIBIT A
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 1, 1988
JOB NO. TITLE RNG A B C D E
6432 Fire Controller NE 345 2109 2226 2349 2477 2614
4432 Firefighter NE 361 2288 2415 2548 2688 2836
2460 Supvg. Fire Controller EX 420 3073 3241 3420 3607 3805
3430 Fire Engineer NE 386 2591 2733 2884 3044 3212
3434 Fire Engineer Paramedic NE 408 2891 3051 3219 3396 3583
4428 Firefighter Paramedic NE 396 2725 2874 3032 3198 3375
4430 Fire Protection Specialist EX 396 2725 2874 3032 3198 3375
1480 Fire Captain EX 420 3073 3241 3420 3607 3805
1483 Fire Captain Paramedic EX 442 3425 3614 3813 4023 4245
1430 Deputy Fire Marshal EX 442 3425 3614 3813 4023 4245
EFFECTIVE APRIL 1, 1989
JOB NO. TITLE RNG A B C D E
6432 Fire Controller NE 349 2156 2274 2399 2531 2669
4432 Firefighter NE 365 2335 2463 2598 2740 2891
2460 Supvg. Fire Controller EX 424 3132 3304 3486 3678 3881
3430 Fire Engineer NE 390 2643 2789 2943 3104 3274
3434 Fire Engineer Paramedic NE 412 2947 3110 3281 3461 3652
4428 Firefighter Paramedic NE 400 2780 2933 3094 3264 3444
4430 Fire Protection Specialist EX 400 2780 2933 3094 3264 3444
1480 Fire Captain EX 424 3132 3304 3486 3678 3881
1483 Fire Captain Paramedic EX 446 3494 3687 3890 4103 4328
1430 Deputy Fire Marshal EX 446 3494 3687 3190 4103 4328
0440X (06/07/88) 5898
EXHIBIT A
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE SEPTEMBER 30, 1989
JOB NO. TITLE RNG A B C D E
6432 Fire Controller NE 355 2222 2345 2473 2609 2753
4432 Firefighter NE 371 2404 2536 2675 2822 2978
2460 Supvg. Fire Controller EX 430 3226 3403 3590 3787 3995
3430 Fire Engineer NE 396 2725 2874 3032 3198 3375
3434 Fire Engineer Paramedic NE 418 3042 3208 3385 3571 3767
4428 Firefighter Paramedic NE 406 2863 3021 3188 3363 3548
4430 Fire Protection Specialist EX 406 2863 3021 3188 3363 3548
1480 Fire Captain EX 430 3226 3403 3590 3787 3995
1483 Fire Captain Paramedic EX 452 3602 3799 4009 4229 4462
1430 Deputy Fire Marshal EX 452 3602 3799 4009 4229 4462
EFFECTIVE MARCH 31, 1990
JOB NO. TITLE RNG A B C D E
6432 Fire Controller NE 359 2267 2392 2524 2662 2808
4432 Firefighter NE 375 2454 2590 2732 2883 3040
2460 Supvg. Fire Controller EX 434 3293 3474 3664 3865 4079
3430 Fire Engineer NE 400 2780 2933 3094 3264 3444
3434 Fire Engineer Paramedic NE 422 3101 3271 3451 3642 3843
4428 Firefighter Paramedic NE 410 2919 3080 3250 3429 3617
4430 Fire Protection Specialist EX 410 2919 3080 3250 3429 3617
1480 Fire Captain EX 434 3293 3474 3664 3865 4079
1483 Fire Captain Paramedic EX 456 3673 3876 4089 4314 4552
1430 Deputy Fire Marshal EX 456 3673 3876 4089 4314 4552
5898
0440X (06/07/88)
EXHIBIT B
SUMMARYr
OF
BENEFITS-
' AND
PLAN A
w
HEALTH NET
A Federally Qualified 11110
Please read the following information
so you will know from whom or what
group of providers health care may be
obtained.
5898
EXHIBIT C
Page l of 2
MEDICAL PLAN FOR : CITY OF HUNTINGTON BEACH
Through An FHP Physician
Physician's Care
Specialist and Consultant Care
Diagnostic Laboratory Tests
And X-ray examinations.
Periodic Health Examination
Including laboratory tests. Plan Covers.
You pay $0 each office visit
Routine Immunizations and Injections
Well-Child Care
Including routine immunizations.
Physical Therapy
Eye Examinations
Outpatient Mental Health Services Plan Covers. -
For evaluation, short-term treatment up to 20 visits per Member each
and crises intervention. benefit period.
YOU PAY $0 each office visit.
Family Planning Services Plan Covers.
Contraceptive counseling. Regular office'copayments apply.
Sterilization procedures and initial Plan Covers 50%
studies, diagnostic procedures and of all costs, including hospital
services for infertility as determined
necessary by the FHP Medical Director.
FHP Maternity Care Plan Covers.
Physician care of mother before, during
and 6 weeks after delivery; physician's You Pay $0 each office visit.
hospital care of mother. Newborns are You Pay Nothing for physician's
covered from birth if enrolled as a hospital care. For hospital costs,
dependent. regular hospital benefits apply.
Health Education Plan Pays 100%. You Pay Nothing.
Includes classes, literature and audio-
visual programs for specific diseases,
preventive medicine and other health.
topics.
5898
EXHIBIT C
Page 2 of 2
Additional Benefits Supplemental
------------------------- Benefits
Coverage brochure) apply
Family Security Benefit to family members when
If the event of the coverage provided by the Prescription Drugs
Subscriber's death, a Family Security Benefit All FHP prescribed drugs,
special medical care terminates. including birth control
benefits plan will be pills, on formulary at FHP
provided for family Pharmacies.
members covered by FHP
on that date without Plan Covers
payment of premiums until
the earliest of the You Pay $0 per
following occurrences: prescription unit.
1. Remarriage of the
surviving spouse, in CORRECTIVE APPLIAN-
which case coverage for CES, ARTIFICIAL AIDS
all family members AND DURABLE MEDICAL
terminates. EQUIPMENT AS AUTHO-
2. Family member qualifies RIZED BY FHP
for Medicare (there is
no continuation of (Hearing aids excluded
benefits for a family from this benefit)
member who is already
eligible for Medicare at PLAN COVERS IN FULL
the time of the You pay nothing.
Subscriber's death)'.
3. Family member ceases to
qualify as a family IN-HOSPITAL MENTAL
member for any reason HEALTH SERVICES PLAN
other than lack of COVERS
primary support by the
Subscriber ( Physician's Ph sician s Services
Eligibility section on 50% of hospital costs
page 3 of Evidence of only; 30 days maximum
Coverage brochure). each benefit period.
4. Two years lapse from
the date of the
Subscriber's death. EYEGLASSES
In the event of the
surviving spouse's death By FHP prescription
within the two-year only.
(maximum) continuation of PLAN COVERS
coverage period coverage You pay $10 for stan-
continued for family dard frames, single or
member children because of bifocal clear lenses.
the Subscriber's death will One pair per 12-month
not be affected. benefit period.
The Conversion of
Benefits provisions (see '
page 7 of Evidence of
5898
EXHIBIT "D"
THE CITY OF HUNTINGTON BEACH
EMPLOYEE HEALTH PLAN
PLAN DOCUMENT
May 1983
A
4
SEE
FOR QOMPL.WTE: Copy
(Revised 4/87)
5898
EXHIBIT E
MEET AND CONFER Page 1 of 3
FIRE ASSOCIATION
RETIREE MEDICAL PLAN - CITY COUNTER PROPOSAL
An employee who has retired from the City, shall be entitled to participate in the
City-sponsored medical insurance plans and the City shall contribute toward monthly
premiums for coverage and in an amount as specified in accordance with this Plan,
provided:
A. At the time of retirement the employee has a minimum of ten (10) years of
service or is granted an industrial disability retirement; and
B. At the time of retirement the employee is employed by the City; and
C. Following official separation from the City the employee is granted a
retirement allowance by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following:
A. During any period the retired employee is eligible to receive or receives health
insurance coverage at the expense of another employer, the payment will be suspended.
"Another employer" as used herein means private employer or public employer or the
employer of a spouse. As a condition of being eligible to receive the premium
contribution as set forth in this plan, the City shall have the right to require any retiree
to annually certify that the retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered that a
misrepresentation has occurred, the retiree will be responsible for reimbursement of those
amounts inappropriately expended and the retirees' eligibility to receive further benefits
will cease.
B. On the first of the month in which a retiree or dependent reaches age 65 or on
the date the retiree or dependent can first apply and become eligible, automatically or
voluntarily, for medical coverage under Medicare (whether or not such application is
made) the City's obligation to pay monthly premiums may be adjusted downward or
eliminated. Benefit coverage at such age under City health plans shall be governed by
plan documents for such plans.
C. In the event the Federal Government or State Government mandates an
employer-funded health plan or program for retirees, or mandates that the City make
contributions toward a health plan (either private or public) for retirees, the City's
contribution rate as set forth in this plan shall first be applied to that mandatory plan. If
there is any excess, that excess may be applied toward the City medical plan as
supplemental coverage provided the retired employee pays the balance necessary for such
coverage, if any.
D. In the event of the death of any employee, whether retired or not, the amount
of the retiree medical premium benefit which the deceased employee was receiving at the
time of his/her death or would be eligible to receive if he/she were retired based on the
schedule below, shall be paid on behalf of the spouse or family for a period not to exceed
twelve (12) months.
3745j
5898
SCHEDULE OF BENEFITS EXHIBIT E
Page 2 of 3
I. Minimum Eligibility for Benefits - With the exception of an industrial
disability retirement, eligibility for benefits begins after an employee has
completed ten (10) years of continuous service with the Huntington Beach
Police Department. Said service must be continuous unless breaks are
reinstated at the time of hire or rehire in accordance with the City's
Personnel Rules.
IL Disability Retirees - Industrial disability retirees with less than ten (10) years
of service shall receive a maximum monthly payment toward the premium for
health insurance of $40 for retirements after 10/1/87, $80 after 10/1/88 and
$121 after 10/1/89. Payments shall be in accordance with the stipulations
and conditions which exist for all other retirees. Payment shall not exceed
dollar amount which is equal to the full cost of premium for employee only.
III. All retirees including those retired as a result of disability whose number of
years of service prior to retirement exceeds ten (10), shall be entitled to
maximum monthly payment of premiums by the City as follows:
Maximum Monthly Payment
For Retirements After:
Years of Service 10/1/87 10/1/88 10/1/89
10 40 80 121
11 44 88 132
12 48 97 145
13 53 105 158
14 57 113 170
15 61 122 182
16 65 130 195
17 69 138 207
18 73 146 220
19 77 155 232
20 81 163 244
21 86 171 257
22 90 179 269
23 94 188 282
24 98 196 294
25 102 204 306
26 106 213 319
27 110 221 331
28 115 229 344
Note: The above payment amounts may be reduced each month as dependent eligibility
ceases. However, the amount shall not be reduced if such reduction would cause
insufficient funds needed to pay the full premium for the employee and the
remaining dependents. In the event no reduction occurs and the remaining benefit
payment is not sufficient to pay the premium amount for the employee and the
then eligible dependents, said needed excess premium amount shall be paid by the
employee.
3745j 5898
EXgeB3yft
Pa
3249j
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
0 deductible
80% X-rays, lab, etc. - after
dec.tuctible.
EXHIBIT F
4
PREPAID
DENTAL CARE
PROGRAM I
i
PROVIDED THROUGH
i,
PMI
FOR
ELIGIBLE EMPLOYEES
OF
CITY OF
HUNTINGTON BEACH
MANAGEMENT EMPLOYEES
ORGANIZATION
FIREMAN'S ASSOCIATION
SUMMARY PLAN DESCRIPTION
i
5898
EXHIBIT R
� GRUUP DENTAL' PL14*N���
k #�
.fir �-`� '• �� °� a:
HU
NTIN T_C O
BEA C
r
Group No's
4729-040 4
Manage
Orga za Eton
ad
472MS -003
rremans ssocta W
Ak
Prov'ded
DenEal Plan'Of California ''
,x �ZVI �.
5898
EXHIBIT I
The proposed change to the Employer-Employee Relations Resolution is as
follows:
7.3 Personnel Director Motion of 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 unit
modification to all employee organizations that may be affected by the proposed
change. Said written notification shall contain the Personnel Director's rationale for
the proposed change including all information which justifies the change pursuant to the
criteria established in Section 6-5 for Appropriateness of Units. Additionally, the
Personnel Director shall provide all affected employee organizations with all
correspondence, memoranda, and other documents which relate to any input regarding
the unit modification which may have been received by the CITY or from affected
employees and/or sent by the CITY to affected employees;
b. Following receipt of the Personnel Director's proposal for unit
modification any affected employee organization shall be afforded not less than thirty
(30) days to receive input from its members regarding the proposed change and to
formulate a written and/or oral response to the motion for unit modification to the
Personnel Commission;
C. The Personnel Commission shall conduct a noticed Public Hearing
regarding the motion for unit modification at which time all affected employee
organizations and other interested parties shall be heard. The Personnel Commission
shall make a determination regarding the proposed unit modification which
determination may include a granting of the motion, a denying of the motion, or other
appropriate orders relating to the appropriate creation of bargaining units. Following
the Personnel Commission's determination of the composition of the appropriate unit or
units, it shall give written notice of such determination to all affected employee
organizations;
d. Any party who chooses to appeal from the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of Section 14-4 of
Resolution Number 3335.
5898
0440X (06/07/88)
EXHIBIT J
The proposed changes to the Personnel Rules are as follows:
1. 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. Promotional lists and entry level employment 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.
2. 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 fifteen (15) 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 decision 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.
3. Rule 19-5(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. Ratification of the hearing officer selected by mutual consent of the
parties, if from a list approved by the Personnel Commission, shall not require separate
approval or ratification by the Personnel Commission. The hearing officer shall hear
the case and make recommended findings, conclusions and decision in the form of a
written report and recommendation to the Personnel Commission. In lieu of the hearing
0440X (06/07/88) 5898
officer process, the Personnel Commission may agree to hear a case directly upon
submission of the case by mutual consent of the parties.
4. Rule 21-7 - Hearing Officers - The hearing officer provided for in
Rules 19 and 20 shall be from a list provided by the Personnel Commission or one
selected by mutual consent of the parties.
0440X (06/07/88) 5898
i
Res. No. 5898_
STATE Of CALIFORNIA )
COUNTY OF ORANGE ) so:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clark 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 5th day
of July , 19 88 , by the following vote:
AYES: Councilmen:
Kelm, Green, Finley, Mays, Winchell, Bannister
NOES: Councilmen-.
None
ABSENT: Councilmen
Erskine
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
5898