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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 0440X (06/07/88) 5898 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 0440X (06/07/88) -1- 5898 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. 0440X (06/07/88) -2- 5898 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. 5898 0440X (06/07/88) -3- 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. 0440X (06/07/88) -4- 5898 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. 0440X (06/07/88) -5- 5898 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. 5898 0440X (06/07/88) -6 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 0440X (06/07/98) -7- 5898 ;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. 0440X (06/07/88) -9- 5898 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 0440X (06/07/88) -10- 5898 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. 0440X (06/07/88) -11- 5898 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 0440X (06/07/88) -12- 5898 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