HomeMy WebLinkAboutCity Council - 6297 RESOLUTION NO. _ 6297 _..
A RESOLUTION OF THE CITY COUNCIL ,OF THE CITY OF'
HUNTINGTON BEACH APPROVING AND IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON
BEACH MARINE SAFETY OFFICERS' ASSOCIATION
BE IT RESOLVED by the City Council of the City of Huntington Beach
that the Memorandum of Understanding between the City of Huntington Beach and
the Huntington Beach Marine Safety Officers' Association,
dated _ June 13, 1991 , a copy of which is attached hereto and by
this reference incorporated herein, is hereby approved, and shall be
implemented forthwith in accordance with the terms and conditions therein.
Pursuant thereto, the City Administrator is authorized to execute such
memorandum of understanding .on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Huntington
Reach at a regular meeting thereof held on the ist day
of -_ _jply 1991 .
.. May-r-- ---
ATTEST: APPROVED AS TO FORM:
City Clerk / -�j City Attorney
APPROVED AS TO CONTENT: APPROVED:
a s D r r City Administrat`or�
I
—De y CifjVmini trator
HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Paae
Preamble 1
ARTICLE I TERM OF MOU 1
ARTICLE II REPRESENTATIONAL UNIT/CLASSIFICATIONS 2
ARTICLE III MANAGEMENT RIGHTS 2
ARTICLE IV EXISTING CONDITIONS OF EMPLOYMENT 3
ARTICLE V SALARY SCHEDULE 3
ARTICLE VI SPECIAL PAY
A. Educational Incentive Plan 3
B, Acting Assignment 4
C. Assignment Pay 4
D. Holiday Pay In-Lieu 5
ARTICLE VII UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT 5
ARTICLE VIII HOURS OF WORK/OVERTIME 5
A. Hours of Work - Defined 5
B: Overtime/Compensatory Time 5
C. Shift Exchange 6
ARTICLE IX HEALTH AND OTHER INSURANCE BENEFITS 6
A. Health 6
1 . Medical 6
2, Dental 8
3. Optical 8
4. Eligibility Criteria and Costs 8
B. Life Insurance 9
C. Accidental Death and Dismemberment Insurance 9
D. Long Term Disability Insurance 9
ARTICLE X RETIREMENT 10
A. Benefits 10
1 . PERS Pickup 10
2. Self-Funded Supplemental Retirement Benefit 10
4. Medical Insurance for Retirees 10
B. PERS Reimbursement and Reporting 12
1 . Employee Contribution 12
2. Rollover 12
6297
HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page
ARTICLE XI LEAVE BENEFITS 12
A. Vacation 12
1 . Accrual 13
2. Eligibility and Permission 13
3. Conversion to Cash 13
B. Sick Leave 14
C. Family Sick Leave 14
Q. Bereavement Leave 15
ARTICLE XII CITY RULES 15
ARTICLE XIII MISCELLANEOUS 15
A. Salary Upon Appointment 15 .
B. Physical Examinations 15
ARTICLE XIV CITY COUNCIL APPROVAL 16
EXHIBITS:
A Classification and Salary Schedule
B Dental Plan - Delta Care/PMI
Dental Plan - Delta Dental/Indemnity
C Retiree Medical. Plan and Subsidy Program
D Personnel Rule Changes
6297
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE
MARINE SAFETY OFFICERS' ASSOCIATION
1990 - 1993
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 havO fully communicated
and exchanged information concerning wages, hours and other terms and
conditions of employment.
WHEREAS, except as otherwise expressly providod heroin, all terms and
conditions of this agreement shall apply to all employees represented by the
ASSOCIATION; and
WHEREAS, the representatives of the CITY and the ASSOCIATION desire to reduce
their agreements to writing,
NOW, THEREFORE, this Memorandum of Understanding is mado, to hecoloo effective
October 1 , 1990, and it is agreed as follows:
ARTICLE I - TERM OF MOU
This Memorandum of Understanding shall be in effect for a term commencing on
October 1 , 1990 and ending at midnight on September 30, 1993. No further
Improvements or changes in the salaries and monetary benefits of the employees
represented by the ASSOCIATION shall take ,effect during the term of this
agreement and the-ASSOCIATION expressly waives any right to request any
improvements or changes in salaries or monetary benefits for the employees
represented by the ASSOCIATION which would take effect prior to
-1-
WPADSERP:67
6297
October 1 , 1993, and the City of Huntington keach, through its
representatives, shall not be required to meet and confer as to any such
request.
ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS
It is recognized that the Marine Safety Officers' Association is the employee
organization which has the right to meet and confer in good faith with the
CITY on behalf of the employees of the Huntington Beach Community Services
Department within the following classification and_assianment titles:
Marine Safety Lieutenant
Marine Safety ff0 icer/Boat Operator
Marine Safety Officer
ARTICLE III - MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the CITY retains all rights,
powers and authority with respect to the management and direction of the
performance of marine safety services and the wdrk ,forces performing such
services, provided that nothing herein shall change the CITY' s obligation to
meet and confer as to the effects of any such management decision upon wages,
hours and terms and conditions of employment or be construed as granting the
Director or the CITY the right to make unilateral changes in wages, hours, and
terms and conditions of employment. Such rights include, but are not limited
to, consideration of the merits, necessity, level or organization of CITY
services, including establishing manning requirements, overtime assignments,
number and location of work stations, nature of work to be performed,
contracting for any work or 'operati0n, reasonable employee performance
standards, including reasonable work and safety rules ,and regulations in order
to maintain the efficiency and economy desirable for the performance of CITY
services. The parties agree to meet and confer during the term of this
agreement on revisions, changes, modifications and additions to the Personnel
Rules and/or Department Rules when requested by City.
-2-
WPADSEkP,67
6297
ARTICLE IV -- EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing terms and conditions of employment
which have been established in prior Memoranda of Understanding between CITY
and the ASSOCIATION,
ARTICLE V - SALARY KH EDULE
Classification and Salary Rates - Employees shall be compensated at monthly
salary rates by classification title and salary range during the term of this
agreement as set out in Exhibit A attached hereto and incorporated herein.
ARTICLE VI - SPECIAL PAY
A. Educational incentive Plan
1 . Criteria - The existing Marine Safety Officers' Education Incentive
Plan shall be maintained as follows:
Education Maximum Continuing Education
Incentive College Training Years of College Units Monthly
Level Units eoints, Serviceeggired Annually Amoun
1 30 10 1 6 $ 50
2 60 20 2 3 75
3 90 30 2 3 100
4 120 3 3 150
5 150 4 0 150
2. Stipulations:
a. College major shall be Marine Science, Police Science, Business
Administration, Oceanography, Fire Science.
b. Initial eligibility must be approved by the Director of Community
Services. An acceptable yearly performance evaluation, signed by
the Director of Community ServiceS is required. No incentive pay
taken away without just cause.
--3-
WPADSERP:67
6297
c. Training points approved by the Director may be substituted for
college units, on the following schedule: 10 of 30; 20 Of 60; 30
of 40: Each twenty hours completed of approved seminars,
institutes, etc. , are credited with one training point.
d. Pay to be effective on the first of each month following approval .
e. After 120 units or D.A. , approved training points may be
substituted for college units without limit.
f. Repeat college course credited as determined by the college.
g. Repeat approved seminars, institutes, .etc. , credited as
determined by the Director of Community Services.
h. All college units require grade of "C" or better to qualify.
i . Obtaining transcripts or other acceptable documentation is each
employee' s responsibility.
j . Employee may Choose between approved training points or college
units where a choice is available. No change allowed once choice
is made, no double credit allowed.
B. Acting Assignment - If a permanent employee is f rmally assigned to_
Work as shift commander, the employee shall retei.ve_additional
com ep nsati,on for hours worked in the higher level assignment,,_beginning
with- the first full shift of work, at the rate of twel g and one,-half
percent (12 1/2%) pf the employee's regular. hourly rate,
C. Assignment Pay - Each Marine Safety Officer assigned to duty as a boat
operator (Marine Safety Officer/Boat Operator) shall receive pay as set
forth in Exhibit A. Assignment as' Marine Safety Officer/Boat Operator
is normally for a period of seven months per year, at the discretion of
the Director of Community Services and assignment as the relief Marine
Safety Officer/Boat Qp,grator is normally for a period of five months
per year.
-4-
WPADSERP.67
6297
D. Holiday Pay-In-Lieu - Employees represented by the ASSOCIATION and
actively employed by the CITY, in addition to regular compensation,
shall receive each month 1/12 of the total holidays hours (80) earned
for the year. They shall be entitled to an additional eight hours of
pay at their regular rate for any day declared by the 'resident of the
United States to be a national holiday, or any day declared by the
Governor of the State of California to be a state holiday, if such day
is adopted by the City Council of the City of Huntington Beach as a
special holiday for CITY employees (i .e. , day of mourning) .
ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
The CITY shall continue the existing practice of providing and replacing
uniforms and safety equipment.
ARTICLE VIII - HOURS OF WORK/OVERTIME
A. Hours of Work - Defined - For purposes of this article, approved
vacation time and compensation time shall count as hours worked.
Effe-cli-ve Seotember-26, 1992i sick lgave shall hour
worked for premium pav purposes.
B. OUx e1C!2M eg nsatory Time
1 . Paid Overtime - Employees shall receive time and one half their
salary rate for all time worked in excess of forty (40) hours during
any given payroll week.
2. C-mpensatory Time - Employees may elect to receive compensatory time
off (to be accrued to a maximum of 120 hours) in lieu of such
overtime pay.
WPADSERP:67
6297
3. Coprt. Ti g
a. 'ourt Standby - Employees required to be on standby for a court
appearance during other than their scheduled working hours shall
receive a minimum of two (2) hours straight time pay (including
differentials) for both morning and afternoon court sessions.
b. Court Appearan a Employees required .to appear in court during
other than their scheduled working hours shall receive a minimum
of three (3) hours pay (including differentials) at time and one
half,
4. Holiday Hpliday5 Worked - Effective October 1 , 1992, employees who work on a
recognized City holiday Shall be compensated at time and one-half of
their base pay for hours worked.
C. Shift Exchange - The 'Department shall Allow employees to exchange work
schedules and shifts among those of equal rank ,and ability, providing
prior. approval is obtained from the Department Director and the payback
of the shift exchange is completed within sixty (60) calendar days.
ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS
A. Health
1 . Medical
a. The CITY shall continue to provide group medical benefits to all
employees with coverage and other benefits comparable to the
group medical plan currently in effect.
1) The City' s Indemnity Medical Plan shall lnclpde the following
provisions:
a) Effective January 1 . 1992, the maximum out-of-pocket
expenses for covered expenses under the Employee Health
Plan shall be $1 ,000 per person p per family_ per
year after the deductible has been met.
-6-
WPADSERP:67 6297
b) Effective January 1 . L 992, PCS Card co-payments shall be
five dollars 0 5) per rep sCel ption_tQr generic drugs _aftd
gi ght, dollars, ($$) per prescription for non-generic drugs.--
The PCS Card prescription dispensing
thirty—fgu r (34) days per re�RtjQ ,
c) Effective Januar 1 1992, he. u l m
benefit h ll be gliminated from the EMPIOY98 HgAithPlan.
d) Covgrage for In-patient Hospitalization and Hiijor Medical -
shall be:
1 ) Preferred, Provider Organizations_ (l`--' ' 51 - Effectiv__e�-_
an a 1 1992, whe n usihg Prgferred PrQyider
Or anixati n PPO's the Employee Health Plan will
f the goVeredexpenses i t is met
for in-patieht H6spitalizattMedical—and
lQ,O% of th verqd exile nses after1 h
reached thg maxjMUm_Qut--g-f-pocketgxnense up to th-e_
P1 an's aggregate maximum of One. Mi_l_li ort dQ 1 ars .
1 a
2) Non-Preferred Provider Organizations (NonwPPG' s) -
Effective O nuary 1 . 1992, when Using NQn-Preferred
r vider Organizations (Non-PPdIs.),_the Employee Health
Plan will Ray 80% of the covered exo r thg
deductible is met for In-Patient Hospitalization and
Major Medical and 100% of the c=rod expenses after the
employee has reached the maximum gut-Qf-pocket expense
up to the_Plan's aggregate ,maximum, of One Million
dollar$.CLIl_,000,000).
e) Effective JanUary 1. 1992, the chiropractic benefit limit
shall be Two Thousand dollars. ($2.QQO) per pgrson_ per v air
-7-
WPADSERP:67. 6297
2. Dental - Employees shall cpntinue to be covered by dental plan
benefits equal to those currently being provided by the CITY as
modified in Exhibit 8. Effective Jabuary1
h ll include twenty-five ($25
year.
3. Qpti l - Effective January--1-. 1991 , the optical - _benefi is will _
prQvide for one (1) air of--eyegla55es everyw 2)_months,
subiect to the termand-conditionsf theicv.
4. Eligibility Criteria and Cost
a. City Paid Medical In ran - Dependents - The CITY will assume
payment, subject to the limitations set forth in
Article IX.A.4.b(l) for dependent health insurance effective the
first of the month following' the month during which the employee
completes one (1) year of full time continuous service with the
CITY, subject to the limit in Article X.A.3.a(3) .
b. City Contribution to Health Insurance_PrgAtM:
1 ) Medical - The CITY'S obligation- to pay for medical insurance
premiums shall be increased from Four Hundred fifty-nine
dollars ($459) to ,Four Hundred seventy-Five dollars ($475) per
nth effective May 11 1991 And to F]ve MUndrgd twenty five
dollars ($525) per month, effective JanuaM__1_, 1992. If the
Maximum premium for full family coverage under the City's
Employee Health flan. FHP. or Health Net exceeds $525 on
January 1 1993 or any month thereafter durin,o__the_term of
this ri s agree tor nfr
rp Oc_e,ss for the, limited purpose of discussing the CITY'S
contributipD towards premiums, plan coverage. and o]An cost
containmenfi measures.
2) OWW - The CITY shall implement a Vision We Plan
effective January 1 , 1989 at an approximate composite cost of
$12 per month per employee.
-8_
WPADSERP:67 6297
B. Life Insurance City will provide $10,000 of term life insurance
without evidence of insurability other than evidence of Working a full
time duty at CITY cost. Optional insurance on an age/wage basis is
available at the employee' s own cost.
C. Accid nt 1 Death and DisMembgrment In ran e — The shall-provide
f r egch permanent employee. at CITY' s1 1 death
i s membe r n n s u ra n c e. TheCITY' ha 1 also. p do -for--the
AvAjIgbility of-optional . 1 h l accidental
death-and—
dismeMbermont insMrance coveraggh m l '
D. Long Term Disability lnsurance r The existing long-term disability
program provided employees by the CITY shall remain in effect. This
program provides, for each incident of illness or injury,. pay up to
sixty (60) calendar days at the employee's salary rate (excluding
overtime but including any special pay in effect at the time of illness
or injury). After the sixty (60) calendar day period, the employee
will be covered by-ah insurance plan paid for by the CITY Which will
provide 66-2/3 percent of the employee' s salary rate (excluding
overtime and ,any special pay) up to a maximum of $1 ,500 a month in
accordance with the following:
Disability Due Disability Due
to Accident to Illness
First 60 days Regular pay Regular pay
Next 24 months 66-213% of base pay 66-2/3% of base pay
To age 65 66-2f3% of base pay None
Days and months refer to calendar days and months.
Plan integrated with Worker' s Compensation, Social Security and other
non—private program benefits to which entitled.
-9—
WPADSERP:67
6297
Disability is defined as the inability to perform all of the duties of
regular occupation during two (2) years and thereafter, the inability to
engage in any employment or occupation for which he is fitted by reason of
education, training or experience.
Rehabilitation benefits are provided in the event the individual , due to
disability, must engage in other occupation. Plan will provide 66-2/3% of
difference between regular pay and pay of other occupation.
Survivors' benefit continues plan payment for three (3) months beyond
death.
The terms and conditions of the disability insurance coverage are set
forth in- the policy, a copy of which is on file in the Personnel Division
of the Administrative�Services Department. In the event of any conflict
between the policy and this article, the policy shall control . The CITY
may change insurance companies, policies, or self-insure this benefit,
provided that the plans shall remain comparable to that currently in
effect.
ARTICLE X - RETIREMENT.
A. B n f
I . Public EMPIPYWA
a. The CITY will provide, for all employees represented by the
ASSOCIATION whose retirement is effective or whose death occurs
after duly 1 , 1978, Public Employees Retirement System retirement
benefits computed by utilizing the two percent (2%) at age fifty
(50) formula commonly referred to as the California Highway
Patrol Retirement Plan.
2. Self-Funded Supplemental_ Retirement Benefit - Effective
April 1 , 1987, in the event a member elects Option #2
(Section 21333) or Option #3 (Section 21334) of the Public
Employees' Retirement law, the CITY shall pay the difference between
-10--
WPADSERP:67
6297
such elected option and the unmodified allowance which the member
would have received for his or her life alone. This payment shall
be made only to the member, shall be payable by the CITY during the
life of the member, and upon that member's death, the CITY'S
obligation shall cease. The method of funding this benefit shall be
at the sole discretion of the CITY, This benefit is vested for
employees covered by this agreement. (Note► The options provide
that the allowance is payable to the member until his or her death,
and then either the entire allowance (Option #2) , or one-half of the
allowance (Option #3) is paid to the beneficiary for life. )
3. Medical Insurance , or Retirees
a. Upon retirement (whether service or disability) each employee
shall have the following options in regards, to medical insurance
under CITY sponsored plans:
1 ) With no change in benefits, retirees can stay in the CITY'S
Employee Wealth Plan or an HMO plan offered by the CITY at the
retiree' s own expense for the maximum time period required by
Federal. Law (COBRA) , or
2) Employees retiring after approval of this MOO may participate
in the Retiree Medical Pan described in Exhibit C.
3) Employees who have been placed on indbstri'al disability
retirement subsequent to January 31 , 1974 shall be eligible to
continue to participate in the existing group medical benefit
plan at their own cost, participation shall cease upon the
earliest of the following: (1) the expiration of three (3)
calendar years following the date of the industrial disability
retirement, or (2). the retiree obtaining eligibility for
coverage under a comparable medical plan. Retirees who cease
to participate may exercise any conversion privileges then in
existence.
-11-
WPADSERP:67
6297
B. Public Employees '. RetireMept SyStOM Reimbursement r
I . EMplovee' s Contribution - Eabh employee covered by this agreement
shall be reimbursed an amount equal to 9% of the employee' s base
salary plus education incentive pay as pickup of a portion of each
employee's PERS contribution except as provided in Article X.B.2.
The above PERS pickup is not base salary but is done pursuant to
Section 414(h)(2) of the Internal Revenue Code.
2. "RQ1Ioyer"
a. PERS "Pi k�" - Effective upon implementation of this agreement
each employee, eligible for service retirement, may have his/her
PERS pickup reported As Compensation for all or any part of the
twelve (12) month period prior to his/her service retirement date
upon written request to the Finance Director. Such modified
reporting shall be limited to a maximum period of twenty-four
(24) months preceding retirement.
b. YgCatioh AgcrUal - Each permanent employee, et_toibl r r i
retirement, have-his/her yacatign. AgUMij ConygrLted tQ salary-
for all or any nark of the, twelve (12) month perio prior__to
hisLber _service retirement date-upon- writtgn request to the
Director Qf Finance. Such modified. rgporting. shall be for
maximum:of twenty-four (24) months..
ARTICLE XI - LEAVE BENEFITS
.A. Vacation - The purpose of annual vacation is to provide a rest period
which will enable each employee to return to work physically and
mentally refreshed,
+12�
WPADSERP:67
6297
1 . ACcreal - Permanent employees in CITY service; having an average
work week of forty (40) hours, shall accrue annual vacations with
pay in accordance with the following-,
Ye rs of Servi c-e Va c a t i o.ft. Allaww_u
First through Fourth Year 112 hours
Fifth through Ninth Year 136 hours
Tenth through Fourteenth Year 160 hours
Fifteenth Year and Thereafter 192 hours
2. Eligibility Ahd Permission
a. All employees shall be entitled to annual vacation with pay
EXCEPT the following:
1 . Employees who have not completed six (6) months continuous
service with the CITY.
2. Employees who work loss than Full-time.
3. Employees on leave of absence.
b. For the purpose of computing vacation, an employee's anniversary
date shall be the most recent date on which he Commenced
full-time, CITY employment.
c. No vacation may be taken. until the completion of six (6) months
of service. Permanent, part-time employees assigned a work
schedule of less than 30 and more than 20 hours per week shall
receive vacation in one-half the amounts set forth above.
Employees assigned to a work week of less than 40 and more than
30 hours per seek shall receive vacation in three-fourths the
amounts set forth above.
-13-
WPAOSERP:b7
6297
d. No employee shall be permitted to take a vacation in excess of
actual time earned and vacation shall not be accrued in excess of
320 hours. Vacations shall be taken only with permission of the
department head; however, the department head shall schedule all
vacations with due consideration for the wish of the employee and
particular regard for the need of the department,
3. Conversion .to Cash - An employee may elect to take up to 80 hours of
pay per fiscal year for accrued vacation in lieu of time off. It is
the intent of the parties that employees will take vacation during
the fiscal year.
a. Cash Advance Upon two week written notification to the Finance
Director, each employee shall be entitled to receive his earned
vacation pay; less deductions, in advance, prior to his regular
scheduled annual vacation. Such advancements are limited to one
during each employee' s anniversary year.
b. Pay—Off at Termination — No employee shall be paid for unused
vacation other than upon termination of employment at which time
such terminating employee shall receive compensation at his
current salary rate for all unused, earned vacation to which he
is entitled up to and including the effective date of his
termination.
B. 5js& Leave — As of July 31 , 1974, all sick leave accumulation was
frozen for purposes of payoff upon termination and no additional time
Will be accumulated. Salary continuation for approved sick leave is
covered under Article IK.D above.
C. Family Sick Leave — Sick leave may be used for an absence due to
illness of the employee' s spouse or child when the employees presence
is required at home, provided that such absences shall be limited to
five (5) days per calendar year.
—14—
WPADSERP:67
6297
D. Bere v meat Leave j Employees shall be entitled to Bereavement Leave
not to exceed three (3) working days per calendar year in instahce of
death in the immediate family. Immediate family is defined as father,
mother, sister, brother, spouse, children, stepfather, stepmother,
stepsisters, stepbrothers, mother-in-law, father-in-law or stepchildren.
ARTICLE ?(II - CITY RULES
The CITY and the ASSOCIATION agree to implement the rule changes and
accordingly revise the Personnel Rules as described in Exhibit D.
ARTICLE XIII - MISCELLANEOUS
A. Sal4rry Upon Appointment - When an appointment of a recurrent lifeguard
to the classification of Marine Safety Officer occurs, the salary step
upon appointment shall be determined in the same manner as salary step
upon promotions under: the City' s Personnel Rules.
B. PhysiGel Fxaminatibhs - The CITY agrees to pay`for bi-annual physi�ol
examinations , to include stress EKG, when authorized by the Department
Head, with the understanding that results thereof may be utilized for
corrective action and the determination of the employee' s continued
ability to perform duties of the position. A copy of the physical
examination shall be provided to the employee upon his request.
-15--
WPADSERP:67
6297
ARTICLE XIV w CITY COUNCIL APPROVAL
It is the understanding of the CITY and the ASSOCIATION that this Memorandum
of Understanding is of no force or effect whatsoever unless and until adopted
ny Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this 13th ., day of June
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSN.
By By-O&
Administrator
r V Pa--
t
By r L
i ec o Comm' it ervi s
E -
Y
eputy S Adm nistrator-
APPROVED AS TO F RM:
By By
cx Gai 1 Hutton ; Mark i d
City Attorney Asspciation Represe7.Ative
i'
WPADSERP:67
6297
MARINE SAFETY OFFICER'S ASSOCIATION
LIST OF MOU EXHIBITS
Exhibi s Subject Pao9 RoferencO
A Classification and Salary Schedule 4
B Dental Plan - Delta Care/PMI 8
Dental Plan Delta Dental/Indemnity
C Retiree Medical Plan and Subsidy Program 11
D Personnel Rule Changes 15
6297
EXHIBIT "A"
CITY OF HUNTINGTON BEACH
MARINE SAFETY OFFICERS' ASSOCIATION
Classifications and Sa ry__Rates
EFFECTIVE f EMBER 2
JOB NO. RNG A E E
4532 Marine Safety Officer 403 2822 2978 3141 3314 3496
4534 Marine Safety Officer/Boat Operator 428 3195 3370 3555 3751 3957
1560 Marine Safety Lieutenant 450 3565 3761 3968 4186 4417
EFFECTIVE DECEMBER 220 1990
JOB NO, TITLE RNG Q E
4532 Marine Safety Officer 408 2891 . 3051 3219 3396 3583
4534 Marine Safety Officer/Boat Operator 433 3274 3455 3645 3846 4058
1560 Marine Safety Lieutenant 455 3657 3858 4070 4293 4529
EFFECTIVE SEPTEMBER 28, 1991
B NO. TITLE RN A E 0 E
4532 Marine Safety Officer 418 3042 3208 3385 3571 3767
4534 Marine Safety Officer/Boat Operator 443 3444 3633 3832 4044 4266
1560 Marine Safety Lieutenant 465 3841 4053 4276 4512 4760
6297
EXHIBIT "A
CONTINUED
CITY OF HUNTINGTON BEACH
MARINE SAFETY OFPICRS' A 0LEM
EFFECTIVE SEPTrW R 26, 1992
JOB NO. TITLE g B C D E
4532 Marine Safety Officer 430 3226 3403 3590 3787 3995
4534 Marine Safety Officer/Boat Operator 455 3657 3858 4070 4293 4529
1560 Marine Safety Lieutenant 477 4079 4302 4540 4789 5053
6297
EXHIBIT C
CITY OF HUNTINGTON BEACH
Retiree Subsidy Medical P1'an
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 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 continuous City 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 al-lowance 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:
1 . 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. ,Anothor 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.
6297
EXHIBIT C
CITY OF HUNTINGTON BEACH
Retiree Subsidy Medical Plan
Continued
2. 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 age 65 under the City's medical
plans shall be governed by applicable plan document.
3. In the event the Federal Government or State Govorhment'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 the 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.
4. In the event of the death of any employee, whether retired or not,
the amount of the retiree medical insurance subsidy benefit which
the deceased employee was receiving at the time of his/her death
would be eligible to receive if he/sho were retired at the time of
death, shall be paid on behalf of the spouse or family for a period.
not to exceed twelve (12) months.
E
6297
EXHIBIT C
SCHEDULE OF BENEFITS
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 City of Huntington Beach. Said service must be
continuous unless prior service is reinstated at the time of
his/her .rehire in accordance with the City's Personnel Rules.
II . 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/l/87, $80 after 10/1/88, and $121 after
1011/89. Payments shall be in accordance with the stipulations
and conditions which exist for all 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 for each year of completed City service as follows:
Maximum Monthly Payment
for
Retirements After:
Years of Service 10 1/87 10i /8 10/l / 1 /01/
10 $ 40 $ go $121 $121
11 44 88 132 136
12 48 97 145 151
13 53 105 158 166
14 57 113 170 181
1$ 61 122 182 196
15 65 130 195 211
17 69 138 207 226
18 73 146 220 241
6297
EXHIBIT C
SCHEDULE OF BENEFITS
Continued
Maximum Mohthly Payment
for
Retirements After:
Years of Service 1011/01 1/1/88 10/1/0 100112Z
19 77 155 232 256
20 81 163 244 �71
21 86 171 257 286
22 90 179 269 300
23 94 188 282 315
24 98 196 294 330
25 102 204 306 344
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 due to death, divorce or loss of dependent child
status. However, the amount shall not be reduced if such reduction
would cause insufficient funds heeded to pay the full premium for the
employee and the remaining dependents. In the event no reduction
occurs and the remaining benefit premium is not sufficient to pay the
premium amount for the employee and the eligible dependents, said
needed excess premium amount shall be paid by the employee.
6297
EXHIBIT C
CITY OF HUNTINGTON BEACH
Indemnity Health Plan
Employees aFd Retirees
January 1 . 1990
City Plan - Employees
Non-Subsidized Retirees City Plan/Subsidized
*Benefits COBRA-Eligibles Retiree Plan
Inpatient Hospital Benefits 100% - After 80% After
Deductible Deductible
Deductible Per Person/Maximum $150 / $450 $200 / $500
Per Family
Maximum Out-of-Packet $750 $1 ,000
Expenses (Excludes Deductible)
Accident Benefit (Medical) $500/No Deductible Nape (CoVered Some as
Other Expenses)
Prescription Drugs PCs PCs
Deductible Generic/Non-Generic $4 / $6 $4 1 $6
Major Medical 80% of UCR After Deductible 80% of UCR After Deductible
* This summary list only those benefits provisions that differ between
active and subsidized Retiree Plans. The Employee Health Plan document
should be consulted for detailed questions about specific benefits.
Benefits are subject to modification through the meet and confer process.
Note: Retirees who elect to participate in HealthNet °or Family Health Plan
(FHP), shall be entitled to benefits of the program chosen.
6297
EXHIBIT C
CITY OE HUNTINGTON BEACH
Indemnity Health Plan
Employees and Retirees
January 1 , 199.2
City Plan - Employees
Non-Subsidized Retirees City Plan/Subsidized
*Benefits COBRA�Eligibles Retiree Plan
Inpatient Hospital 90% - (PPO) of UCR
Benefits After Deductible
80% (Non-PPO) 80% of UCR After
After Deductible After Deductible
Deductible Per Person $150 / $450 $200 / $500
Maximum Per Family
Maximum Out-of-Pocket $1 ,000/2,000 $1 ,500/3,000
Expenses (Excludes Deductible)
Per Person/Per Family
Accident Benefit (Medical ) None (Covered Same Nona (Covered Same as
as Other Expenses) Other Expenses)
Prescription Drugs PCs PCs
Deductible Generic/Non-Generic $5 / $8 $5 / $8
Major Medical 90% (PPO) of UCR
After Deductible
80% (Non-PPO) of UCR 80% of UCR
After Deductible After Deductible
This summary list only those benefits provisions that differ between
active and subsidized Retiree Plans, The Employee Health Plan document
should be consulted for detailed questions about specific benefits.
Benefits are subject to modification through the meet and confer process.
Note: Retirees who elect to participate An HealthRet or Family Health Plan
(FHP) shall be entitled to benefits of the program chosen.
6297
EXHIBIT C
CITY OF HUNTINGTON BEACH,
Miscellaneous provisions of the Retiree Subsidy Medical Plan
1 . The effective start—up date of the Retiree S Osidy M04ical Plan (80%
Plan) for the various employee groups shall be' th'e first of the month
following retirement date.
2. A retiree may change plans, add dependents, etc. , during annual open
enrollment. Personnel shall notify covered retirees of this opportunity
each year.
3. Years of service computed for the Retiree Subsidy Medical Plan are
actual years of completed service with the City of Huntington Reach.
4. When a retiree is eligible for medical plan coverage at the expense of
another employer due to post—retirement employment of the retiree or
spouse of the retiree, the retiree and his/her spouse must take that
Coverage regardless of benefit level and shall be deleted from any City
Plan coverage. Exceptions to this requirement are limited to the
following
a) A retiree is not required to enroll in such "other" medical plan
coverage if there is significant disparity between the benefits
provided by the "other" medical plan and the Retiree Subsidy Medical
Plan as defined below. "Significant disparity" means coverage
available under the "other" medical plan is restrictive or limited in
one or more of the following ways.
1 . No inpatient hospitalization coverage.
2. No major medical benefits.
6297
EXHIBIT C
CITY OF HUNTINGTON BEACH
Miscellaneous Provisions of the Retiree Subsidy Medical Plan
Continued
3. Annual deductible is $1 ,000 or greater per person.
4. Major medical benefits are paid at 609E or less of covered expemses,
b) The Risk Manager will have the authority to provide additional
exceptions following review of the "other's medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines ,under "B" above.
c) Miscellaneous Provisions:
1 . Benefits provided under the Retiree Subsidy Medical Plan will be
coordinated with the "other" medical plan as the primary carrier.
2, The City shall have the right to require any retiree to provide a
copy of the "other" medical plan policy for review by the Risk .
manager,
5. When a retiree becomes eligible for other group coverage and then
becomes no longer eligible, he/she may ,have the subsidy reinstated and
regain Retiree, Subsidy Medical Plan coverage.
b. Dependents of a retiree may follow him/her into the Retiree Subsidy
Medical Plan or they may choose to exercise COBRA rights along with the
retiree.
6297
EXHIBIT C
CITY OF HUNTINGTON BEACH
Miscellaneous Provisions of the Retiree Subsidy Medical Plan
Continued
7. When a retiree becomes 65 and has eligible dependents under 65, said
dependents are eligible to exercise COBRA rights.
S. When a retiree is under 65 and his/her spouse is over 65, the spouse is
not covered.
1 . Retiree Subsidy Medical Plan includes California 'Psycholggioal Health
Plan (CPHP) , Prescription Card System ,(PCS) , Orange County Preferred
Provider Organization (OCPPO) and Medical Stop Loss insurance.
2. City Plans are the primary payer for ,active employees age 65 and over,
with Medicare the secondary payer. Retirees age '65 ,and over have no
City Plan options and are eligible only -for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
I . The subsidy payments will 'pay for:
a) Retiree Subsidy Medical Plan
b) HeaithNet
c') Fami 1 y Health Plan (FHP)
d) Part A of Medicare for those retirees not eligible for paid Part A
6297
EXHIBIT C
CITY OF HUNTINGTON BEACH
Miscellaneous Provisions of the Retiree Subsidy Medical Plan
Continued
2. Subsidy payments will not pay for;
a) Part B Medicare
b) Regular City Employee Indemnity Plan
c) Any other employee benefit plan
d) Any other commercially available benefit plan.
e) Medicare supplements
3. Employees who retire on or after the following dates shall be eligible
for the subsidy based on years of completed service with the City;
October 1 , 1987 - MEO, MEA, POA, MSOA, FA, PMA
July 1 . 1988 - Non-Represented
Retirees who retire prior to the above dates are not eligible for any
subsidy benefit.
6297
EXHIBIT C
CITY OF HUNTINGTON BEACH
Miscellaneous Provisions of the Retiree Subsidy Medical Plan
Conti need
Medicare:
I . All persons are eligible for Medicare coverage at age 65, Those with
sufficient credited quarters of Social Security will receive Part A of
Medicare at no cost. Those without sufficient credited quarters are
still eligible, for Medicare at age 65, but will have to pay for Part A
of Medicare if the individual elects to take Medicare. In all cases
Part B of Medicare is paid for by the participant.
2. When a retiree and his/her spouse are both age 65 or over, and neither
is eligible for paid Part A of Medicare, the subsidy shall pay for Part
A for each of them or the Maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and
his/her spouse is not eligible for paid Part A, the spouse shall not
receive Subsidy. When a retiree at age 65 is not eligible for paid Part
A of Medicare and his/her spouse who is also -age 65 is eligible for 04id
Part A of Medicare, the subsidy shall be for 'the retirob' s part A poly.
6297
EXHIBIT C
CITY OF HUNTINGTON BEACH
Miscellaneous Provisions of the Retiree Subsidy Medical Plan
Continued
Cancellation:
1 . For retirees/dependents eligible for paid Part A of Medicare, the
following cancellation provisions apply:
a) Coverage for a retiree under the Retiree Subsidy Medical Plan will be
eliminated on the first day of the month in which the retiree reaches
age 65. If such retiree was covering dependents under the Plan,
dependents will be eligible for COBRA continuation benefits effective
as of the retiree's 65th birthday.
b) Dependent coverage will be eliminated upon the whichever of the
following occasions comes first:
1 ) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event such
dependent reaches age 65 prior to the retiree reaching age 65.
. c) At age 65 retirees are eligible to make application for Medicare,
Upon being considered "eligible to make application" , whether or not
application has been made for Medicare, the Retiten Subsidy Medico1
Plan will be eliminated.
2. See provisions under "Benefits", "Subsidies", and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
6297
EXHIBIT C
CITY OF HUNTINGTON BEACH
Miscellaneous Provisions of the Retiree Subsidy Medical plan
Continued
3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of
non-payment of premium by means of a,certified `letter from Personnel in
accordance with provisions of the Memorandums of 'Understanding.
4. A retiree who fails to pay premiums due for coverage and is in arrears
for sixty (60) days shall be terminated from the Plan and shall not have
reinstatement rights.
6297
EXHIBIT D
PERSONNEL RULE CHANCES
A. Mule 5=14 - Promot -Ohal Exaglinatigns — Promotional examinations may be
conducted whenever, in the opinion of the Personnel Director, after
consultation with the department head, the need of the service so
requires; provided, however, a promotional examination may not be given
unless there are two Q) or more candidates eligible for each position
to be filled. Only employees who meet the rojuiroments for the vacant
position may compete in promotional examinations. Pr,oMotioMal
examinations may include any of the selection teclioiq os, or any
combination thereof, mentioned in Section 5-13 Additional factors
including, but not limited to, performance rating and length of service
may be . considered. A promotional employment list shall be established
after the administration of a promotional examination,
B. Rule,. -2Q,.,.,_ Duration of Employment Lists. - Employment lists shall remain
in effect for one (1 ) year from the date of the last examination, unless
sooner exhausted. Closed prothotiohal 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 entry level lists shall be merged with others
already on the list in order of scores.
C. Role 8-3 Layoff In. Accordance with Length pf Serybu,, peterminati n of
Length f 3kry-ice. Professional i n i _EXffutiVQ Classes.
Layoff shall be made in accordance with the relative length of the last
period of continuous service of the employees in the class of layoff,
provided,, however, that no permanent employee shall be laid off until
all temporary, acting and probationary employees in the competitive
service holding positions in the same class in the same department are
first laid off. Except as otherwise provided in .this part, in
determining length of service scores , one point shall be allowed for
each complete month of full--tine service in the class of layoff or
6297
EXHIBIT D
PERSONNEL RULE CHANGES
demotion and in classes that, at the time notice of layoff is given,
have the ,same or a higher maximum salary. One-half point shall be
allowed for each complete month of full-time service in all other
classes.
D. Rule 8-11 . Re-Employment. With the approval of the Personnel
Director, an employee who has resigned in good standing from the
competitive service may be re-employed to his former position, if
vacant, or to a vacant position in the same or a comparable class
, within one (1 ) year from date of resignation in accordance with Rule
6-21 , If such re-employment commences within ninety (lays of the
effective date of resignation, the employee 9hoil oal: he considered a
new employee for vacation and seniority purposes.-
E. Rule 18-19. Maternity Leave. A permanent employee shall be entitled
to a leave of absence without pay due to inability to work due to
pregnancy. The employee will be entitled to use available sick leave
during this period. Said leave must be requested in writing from the
Department Head and must include written notification from the
employee's physician stating the last day the employee may work and
estimated duration of leave. The employee must obtain written
authorization to return to work from the attending physician. Said
authorization must be filed with the Department Head and the Personnel
Director.
E. Rule 19-5. 5ite_pr4 - 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.
6297
EXHIBIT D
PERSONNEL RUSE CHANGES
The Personnel Director, or his representative, shall hear the matter de
novo and shall make recommended findings, conclusions and decision ih
the form of a written report and recommendation to the City
Administrator within five (5) days following such hearing. The City
Administrator may, at his/her discretion, receive additional evidence
or argument by setting the matter for hearing within ten (10) days
following his/her receipt of such report and causing notice of such
hearing to be served upon the employee, employee organization and the
Personnel Director.
Within five (5) days after receipt of the Personnel Director's 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.
G. Rule 19-50) - 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
approved 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 officer process, the
Personnel Commission may agree to hear a case directly upon submission
of the case by mutual consent of the parties.
H. 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 .
I. Rule 21-12, Time. Extension of. Upon written consent of the parties,
the time 'limitation imposed upon procedures set forth in these rules
may be extended a reasonable time. The City and the employee, or
employee organization may, by mutual consent; extend the time periods
within which an act must occur in the processing of grievances.
6297
Res, No. 6297
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 15t day
of July 19 91 by the following vote:
AYES: Councilmembers:
MacAllister Silva Green Kelly, Robitaille, Moulton-Patterson
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Winchell
City er an ex-o iclo 'Clerk
of the City Council of the City
of Huntington Beach, California