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HomeMy WebLinkAboutCity Council - 6406 RESOLUTION NO. 6406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1990-1993. The City Council of the City of Huntington Beach resolves as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighter ' s Association, dated July 15 1992 , 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 . The City Administrator is authorized to execute this agreement on behalf of the city. Such Memorandum of Understanding shall be effective for the term October 1, 1990, to September 30, 1993 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof, held on the 20th day of July 1992 . 00 Mayor ATTEST: APPROVED AS TO FORM: City Clerk �t Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Fire Chief 327:7/14/92 FIREMEN'S ASSOCIATION - MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page JULY 10, 1992 ARTICLE I REPRESENTATIONAL UNIT/CLASSIFICATIONS 1 ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT 1 ARTICLE III SEVERABILITY 2 ARTICLE IV SALARY SCHEDULES 2 ARTICLE V SPECIAL PAY 2 A. Education 2 1 . Incentive Plan 2 B. Acting Assignments 4 C. Administrative Appointments 4 1 . Administrative Assignments 4 2. Pay Upon Completion of Administrative 4 Appointment D. Pay Upon Completion of Paramedic Duties 5 E. Special Certification/Skill Pay 6 1 . State Board of Fire Services Certification 6 2. Paramedic Recertification 6 3. EMT-1 Certification 7 4. EMD Certification 7 5. Hazardous Materials Team Responder 7 6. Bilingual Skill 7 F. Holiday Pay-In--Lieu 8 G. Shift Differential 8 H. Compensation for Break Periods 9 I . Reportable to PERS 9 ARTICLE VI UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT 9 A. Uniforms Provided by CITY, Safety and Non-Safety Members 9 B. Uniforms Provided by CITY (40 hour Shift Personnel ) 10 C. Uniform Allowance/Fitness 10 D. Uniform Reimbursement/Reserves 10 E. Uniform Care and Replacement 10 F. Uniform Policies and Advisory Committee 12 G. Reportable to PERS 12 ARTICLE VII HOURS OF WORK/OVERTIME 12 A. Work Schedule 12 6406 Page B. Hours of Work - Defined 13 C. Level Pay Plan 14 D. Overtime/Compensatory Time 16 1 . Paid Overtime 16 2. Compensatory Time 17 3. Callback 18 4. Mandatory Standby 18 5. Pagers 18 6. Required Training Attendance 18 7. Cancellation of Overtime 19 8. Court Time 19 E. Jury Duty 19 F. Shift Exchange/Relief 20 G. Assigned Shift Policy 20 H. Minimum Manning and Filling of Vacancies 20 1 . Minimum Manning Levels 20 2. Staffing Priorities and Restrictions 21 3. Filling of Vacancies 22 4. Definitions 23 5. New Equipment 23 ARTICLE VIII HEALTH AND OTHER INSURANCE BENEFITS 24 A. Health 24 1 . Medical 24 2. Dental 24 3. Optical 24 4. Eligibility Criteria and Cost 25 B. Life and Accidental Death and Dismemberment 25 1 . Life 25 2. Accidental Death and Dismemberment 25 C. Long Term Disability Insurance 25 D. Miscellaneous 26 ARTICLE IX RETIREMENT 26 A. Benefits 26 1 . Public Employees' Retirement System 26 2. Self-Funded Supplemental Retirement Benefit 27 3. Medical Insurance for Retirees 28 6406 Page B. Public Employees' Retirement System Reimbursement and Reporting 29 1 . Employee's Contribution 29 2. "Rollover" 30 3. Reporting of Base Salary 30 C. Reinstatement Privileges for Disability Retirees 31 ARTICLE X LEAVE BENEFITS 31 A. Leave with Pay 31 1 . Vacation 31 2. Sick Leave 33 3. Family Sick Leave 34 4. Bereavement Leave 35 5, Association Business 35 ARTICLE XI CITY RULES 35 A. Personnel Rules 35 B. Precedence of Agreement 35 C. Layoff Rules 35 ARTICLE XII MISCELLANEOUS 36 A. Fire Department Promotional Exams 36 B. Living Quarters 36 C. Paychecks 36 1 . Bi-Weekly Pay 36 2. Paycheck Distribution 36 3. Vacation Paycheck 36 D. Medical Examination for Reserve Firefighters 37 E. Class "B" Driver's License 37 F. Adopted Documents 37 ARTICLE XIII MANAGEMENT RIGHTS 37 ARTICLE XIV TERM OF MOU 38 ARTICLE XV CITY COUNCIL APPROVAL 39 EXHIBIT A EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 40 EXHIBIT B SALARY SCHEDULES 41 EXHIBIT C HEALTH PLAN CHANGES 43 EXHIBIT D CHANGES TO PERSONNEL RULES 45 6406 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTER"S ASSOCIATION Oct. 1 , 1990 - Sept. 30, 1993 ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS A. It is recognized that the Huntington Beach Firefighter' 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 Fire Controller Leadworker Fire Engineer Paramedic* Supervising Fire Controller * Administrative appointments B. The CITY and 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, Exhibit A, consists of a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335). The City hereby agrees not to propose a unit modification of the existing FIRE ASSOCIATION unit. ARTICLE II - EXISTING CONDITIONS OF EMPLOYMENT A. 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. B. When used in this Memorandum of Understanding (MOU) the word "staffing" shall have the same meaning as the word "manning", and are used interchangeably. 6406 ARTICLE III - 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 IV - SALARY SCHEDULES The base salary of each employee represented by the ASSOCIATION shall be as set forth in the. Salary Schedules, Exhibit B. ARTICLE V - SPECIAL PAY A. Education I . Incentive Plan - 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. a. lei I - Any employee who has completed three (3) years of service with the City of Huntington Beach and has attained the equivalent of E step Fire Controller, Fire Controller Leadworker, Fire Controller Supervisor, 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, Fire Controller Leadworkers and Fire Controller Supervisor may also -2- WPADSERP:108 6406 qualify for this level of education incentive pay if they have a Bachelors Degree in Communications or Sociology. b. Level II - Any employee who has completed six (6) years of service with the City of Huntington Beach and has attained the equivalent of E step Fire Controller, Fire Controller Leadworker, Fire Controller Supervisor, 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 ($120) . Fire Controllers, Fire Controller Leadworkers and Fire Controller Supervisor may also qualify for this level of education incentive pay if they have a Bachelors Degree in Communications or Sociology. c. Level III - Any employee in the permanent classification titles of Fire Captain, Deputy Fire Marshal or Fire Controller Supervisor who has completed six (6) years of service with the City of Huntington Beach, and who has attained a Bachelors Degree in Fire Administration or Public Administration or an equivalent course of study, as determined by the Education Committee and the Fire Chief, shall receive an additional monthly payment of One Hundred Fifty Dollars ($ISO) . Fire Controller Supervisors may also qualify for this level of education incentive pay if they have a Bachelors Degree in Business Administration. d. 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. e. 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. f. 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. -3- WPADSERP:108 6406 g. 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.1 ." of this Article, if the current payment exceeds the payment to which the employee would be entitled under Section "A. 1 ." if any. B. Acting A i nmen - Employees acting in a higher classification, when properly qualified and compensated in accordance with the CITY Personnel Rules shall be considered equivalent to the required classification. C. Administrative Appontments n I . Administrative Appointments - 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, and Fire Engineer Paramedic 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. An administrative appointment shall not affect the employee' s regular classification or rank. Persons appointed to these positions shall retain their highest previous permanent classification and the anniversary date of their appointment to the permanent classification. 2. Pay Upon Completion of Administrative AapointMent a. An employee administratively appointed to the positions of Deputy Fire Marshall and Fire Protection Specialist, 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. -4- WPADSERP: 108 b. 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. c. This section shall not apply to disciplinary demotions or layoffs. D. PAY UPON COMPLETION OF PARAMEDIC DUTIES Any Firefighter Paramedic, any administratively assigned Fire Engineer Paramedic, or any administratively assigned Fire Captain Paramedic with a minimum of five (5) years of continuous service as a Paramedic may request reinstatement to his/her previously held classification. Such request must be submitted in writing to the Fire Chief at least one (1 ) year prior to the date of the requested reinstatement. Upon reinstatement, if the employee's current base salary is equivalent to or in excess of step "E" of the respective Firefighter, Fire Engineer, or Fire Captain salary range, his/her salary will not change until it no longer exceeds step "E" of the respective Firefighter, Fire Engineer, or Fire Captain salary range. If the employee' s Paramedic salary is less than step "E," his/her salary shall be set at a step in the range closest to his/her existing current base salary. This section shall not apply to disciplinary demotions or layoffs. -5- WPADSERP:108 6406 E. Special Certification/Skill Pay 1 . State Board of Fire ServiCgs Certification - 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. 2. Paramedic Recertification - 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 five hundred dollars ($500). 3. EMT-1 Certification - All Fire Controllers and Fire Controller Leadworkers 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 shall be paid at the time EMT-1 training begins or at date of hire if employee is already currently certified as EMT-1 . -6- WPADSERP:108 6406 4. EMD Certification a. Fire Controllers - As soon as possible after receiving EMT-1 certification, Fire Controllers and Fire Controller Leadworkers shall obtain EMD certification, and the monthly one hundred twenty dollars ($120) compensation shall remain in effect as long as the employee' s EMD certification remains current. 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. b. Supervising Fire Controller - Supervising Fire Controller who has current EMD certification shall receive additional hourly compensation when working as Fire Controller or Fire Controller Leadworker on an hour for hour basis. 5. Hazardous Materials Tam Responder - 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/her designee to the Hazardous Material Unit or backup unit, shall receive additional compensation in the amount of two hundred fifty dollars ($250) per month effective October 1 , 1990; and three hundred dollars ($300) per month effective October 1 , 1992. 6. Bilingual Skill - 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 ASSOCIATION. If the parties are unable to agree, then the determination shall be made by the Education Committee described in Section A. l .e of this Article. -7- WPADSERP: 108 6406 F. Holiday Pay-In-Lieu 1 . Employees shall be compensated by the CITY in lieu of the ten listed holidays at the rate of .0385 of the employee's monthly salary rate set forth in Exhibit A, 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. 2. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. 3. Employees designated by the Fire Chief who are required to work regular shifts on the above holidays set forth in Section F.l . of this Article, shall not be entitled to time off or overtime. G. Shift Differential Fire Controllers and Fire Controller Leadworkers required to work on a regularly assigned shift that occurs between the hours of 1730 and 0730 shall be paid a premium of five percent (5%) of the employee's base hourly rate for all work performed during said shift. -8- WPADSERP: 108 6406 H. Compensation for Break Periods For each shift actually worked, Fire Controllers and Fire Controller Leadworkers 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. I Reportable to PERS Subject to State law and regulations, compensation paid as a result of this Article shall be reported to PERS as salary. ARTICLE VI - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms Provided By CITY. Safety and Non-Safety Members 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. 4. Six (6) white T-shirts per year. T-shirts shall be 100% cotton, round neck, lot No. 4007 or equivalent from J. C. Penney's. -9- WPADSERP: 108 6406 5. All accessory identification, adornments, badges, patches, belt and other appurtenances thereto shall be provided by CITY. B. Uniforms Provided, By City (40 hour Shift_Personnel_) - 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 C-2. 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 C. Uniform Allowance/Fitness - 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 period of December. D. Uniform Reimbursement/Reserves - Reserve Firefighters who complete one (1 ) full year of satisfactory service with the Huntington Beach Fire Department shall be reimbursed for actual expenses incurred for required uniform shoes in an amount not to exceed the cost of equivalent shoes provided by the Department. E. Uniform Ure and Replacm n 1 . 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. -10- WPADSERP: 108 6406 2. The uniforms described in paragraphs A.1 , 2, 3 and 4 of this Article shall be replaced by the CITY whenever the Fire Chief or his/her designated representative determines that such replacement is necessary. Any employee who disagrees with the determination of the Fire Chief or his/her representative shall have the right to appeal that determination to the uniform advisory committee, as established in Section F.3. of this Article. 3. The employee shall be responsible for the preservation and cleaning of all uniforms. 4. 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. F. Uni. rm Poljcies and Advisory Comm tt 1 . The present uniform and clothing policies as delineated in this Article shall remain in effect until the Fire Chief or his/her 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 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 . 2. 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. -11- WPADSERP; 108 6406 3. 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. G. Reportable to PERS Subject to State law and regulations, compensation paid as a result of this Article shall be reported to PERS as salary. ARTICLE VII - HOURS OF WORKIOVERTIME A. Work Schedule 1 . 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. 2. 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) . 3. 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. 4. All Fire Controllers shall work the ten (10) and fourteen (14) hour shift, forty (40) hour average work week schedule. -12- WPADSERP:108 6406 B. Hours of Work - Defined 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. Effective 10-1-91 , sick leave shall be counted as hours worked for purposes of overtime calculations. 2. Exchange of shifts shall occur at 0800 hours 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. 3. Meal periods are paid as hours worked for personnel who are subject to call for emergency duty. 4. 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. S. For Fire Controllers and Fire Controller Leadworkers, 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. 6. Holdover. An employee who is held over beyond the end of his regular shift shall be compensated for the actual time he/she is required to remain on duty, computed to the nearest quarter (1/4) hour. -13- WPADSERP:108 6406 7. Exchanges of time shall not be considered when computing hours worked as defined in this Article. 8. An employee shall be considered to be working if he/she is ordered to duty by the Fire Chief or his/her designee. C. Level Pay Plan (Effective 10-01-91) I . Twenty-four (24) Hour Shift Personnel - For the purpose of computing the bi-weekly pay for all twenty-four (24) hour shift employees, compensation shall be computed on the basis of averaging the overtime pay due to these employees due to the FLSA, the 14 day work period, counting all regularly scheduled non "lost time" hours as "hours worked", and the City' s 15 day work cycle. The overtime pay resulting from these factors shall be paid bi-weekly based on the averaging of the overtime pay that would be paid over 15 consecutive bi-weekly work (and pay) periods. During 15 consecutive bi-weekly pay periods a total of 140 hours of regularly scheduled hours are required to be paid at the employee's premium rate under the factors described above. The "normal " bi-weekly pay system will compensate these 140 hours at the employee's premium rate, averaged over 15 pay periods resulting in 9.33 hours of premium pay each bi-weekly pay period. These shift employees will , therefore, receive 102.67 hours of pay at their regular rate each bi-weekly pay period, plus 9.33 hours of pay at their premium rate of pay for their regular rate to compensate these employees for their overtime due to the regularly scheduled shifts. The only exception to the above small be for employees in "lost time" status. -14-- WPADSERP.108 6406 In addition to the premium pay provided above, twenty-four (24) hour shift employees shall receive premium pay for hours worked in excess of regularly scheduled hours unless the employee has "lost time" in a regularly scheduled shift. If there is "lost time" in any regularly scheduled shift, the employee shall receive premium pay for only those overtime hours worked in excess of the number of lost time hours in the bi-weekly pay period. 2. Ten and Fourteen 00/14) _Houn Shift Personnel - For the purpose of computing the "normal" bi-weekly pay for all employees in the Fire Controller and Fire Controller Leadworker Classifications who work the ten and fourteen hour shift (forty hour average work week) schedule, compensation shall be computed on the basis of the following factors. 1) Averaging the overtime pay due to these employees due to the FLSA, 2) the 7 day work period, 3) counting all regularly scheduled non "lost time" hours as "hours worked", and 4) the City' s 7 day work cycle. The overtime pay resulting from these factors shall be paid bi-weekly based on the averaging of the overtime pay that would be paid over 4 consecutive bi-weekly pay periods. During 4 consecutive bi-weekly pay periods, a total of 32 hours of an employee' s regularly scheduled hours are required to be paid at the employee's premium rate under the factors described above. The current bi-weekly pay system will compensate these 32 hours at the employee's premium pay rate. The 32 hours premium pay over 4 pay periods is an average of 8 hours of premium pay each bi-weekly pay period. Similarly, "Break Pay' is computed on the basis of 1/2 hour pay for each shift worked. 28 shifts are worked in 4 consecutive pay periods, resulting in 14 hours of pay at the employee' s regular rate, or an average of 3.5 hours per pay period. These employees will , therefore, under this "Level Pay" system receive 76 hours of pay at their regular rate each bi-weekly pay period, plus 3.5 hours of "Break Pay" at their regular rate, plus 8 hours at their premium rate to compensate for overtime due to the regularly scheduled shifts. The only exception to the above shall be for employees in "lost time" status. -15- WPADSERP: 108 6406 In addition to the premium pay provided above, these shift employees shall receive premium pay for hours worked in excess of regularly scheduled hours unless the employee has "lost time" in a regularly scheduled shift. If there is "lost time" in any regularly scheduled shift, the employee shall receive premium pay for only those overtime hours worked in excess of the number of lost time hours in the 7 day work period. 3. Lost Time -Defined - "Lost time" is defined as time when the employee is regularly scheduled to work and does not work and therefore receives no compensation. D. Overtime/Compensatory Time 1 . Paid Overtime a. 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. b. 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. c. The CITY will maintain and adhere to the overtime system as set out in Huntington Beach Fire Department Organization Manual , Policy D-3 dated June 17, 1992. 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. -16- WPADSERP:106 6406 2. Compensatory Time a. Non-Exempt - 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. b. Exempt - For all exempt employees, in lieu of compensation by cash payment for overtime as provided in this Article, such employees may, at their option, and with approval of the Fire Chief, be compensated by compensatory time off at a straight time rate, on an hour for hour basis. 1 ) 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. 2) 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. c. Compensatory Time Paid Of - 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. -17- WPADSERP: 108 6406 3. Callback - 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. 4. Mandatory Standby - Any employee may be placed on "mandatory standby" by the Fire Chief or his/her 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. 5. 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. 6. wired Training Atte-n-dance - 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. -18- WPADSERP:108 6406 7. Cancellation of 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 1-3, 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. 8. Court Time a. Employees placed on standby for a court appearance involving City business during other than their scheduled working hours shall receive a minimum of two hours straight time pay for each morning and/or afternoon session. b. Employees appearing in court on City business during other than their scheduled working hours shall receive a minimum of three (3) hours pay at time and one half; provided, however, that if such time overlaps with the employee's scheduled working hours, said premium rate shall be limited to those hours occurring prior to or after the employee' s scheduled work time. c. Employees shall not receive both standby pay and time and one half pay for the same court session. An employee who is on standby and reports to court will be paid in accordance with b. above. E. Jury D - Employees 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, are remitted to the CITY. -19- WPADSERP:108 6406 F. Shift Exchange/Relief 1 . The Fire Department shall allow ASSOCIATION members exchanges of schedule pursuant to Policy D-7 of the Huntington Beach Fire Department Organization Manual . Policy [)--7 (Exchange of Schedule) may be modified by mutual agreement of the parties at any time during the term of this MOU. 2. 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. G. Assigned Shift Policy - Employees of equal rank shall have the option to change assigned shifts on an employee for employee basis upon written request to and approval of the Fire Chief. H. Minimum -Manning and Filling of Vacancies 1 . Minimum Manning Levels - 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: a. 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. -20- WPADSERP: 108 6406 b. 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. 1 ) Two-piece companies shall respond to structure fires as one unit and not be considered as separate engines for response purposes. 2) The second unit shall only respond by itself on single engine alarms; i .e. , trash fires, vehicle fires and medical aids. c. 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. d. 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. e. There shall be at least two (2) qualified Fire Controllers on duty at all times. f. 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. g. 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. -21- WPADSERP:148 6406 h. No employee shall be assigned to more than one (1) company at the same time for all routine activities and normal shift duties. i . Routine activities and normal shift duties shall include those emergencies that would normally be handled by the on-duty suppression force. j. 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 may be utilized to fill a position for which he is qualified to serve in cases of temporary fill-in of four (4) hours or less. 3. Filling of Vacancies a. Employees acting in a higher classification, when properly qualified and compensated in accordance with the CITY Personnel Rules shall be considered equivalent to the required classification. b. 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. c. 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. -22- WPADSERP:108 d. 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. e. 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. 4. Definitions - For the purpose of this Article: a. 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. b. All fire trucks shall be defined as apparatus that have mounted on the chassis, an aerial ladder or aerial platform. c. A Paramedic unit shall be defined as any Fire Department vehicle that is manned with no less than two (2) Firefighter Paramedics. 5. 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. -23- WPADSERP: 108 6406 ARTICLE VIII - HEALTH AND OTHER INSURANCE BENEFITS A. Health 1 . medical a. The CITY shall provide current 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. b. 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 as amended pursuant to Exhibit C. 2. Dental a. The CITY shall provide each employee and his/her dependents the dental and/or orthodontic insurance program contained in Delta Care Policy #4002 or Delta Dental Policy #4729 as amended pursuant to Exhibit C. Employees may choose either plan. 3. ti 1 - 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. -24- WPADSERP:108 6406 4. Eligibility, Criteria and-Cost a. 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 one year of full-time, continuous service with the City subject to Section A.4.b. of this Article. b. The CITY'S obligation to pay for health insurance premiums shall be limited to four hundred and seventy five dollars ($475) per month, effective 1-1-91 ; and five hundred twenty five ($525) per month, effective 1-1-92. If the maximum monthly premium for coverage under the City's Employee Health Plan, FHP, or Health Net exceeds five hundred twenty five ($525) on January 1 , 1993, or any month thereafter during the term of this MOO, the parties agree to meet and confer for the limited purpose of discussing the CITY'S maximum contribution towards premiums. B. Life an&_Accidental QeAth and Di mb n 1 . Life - The CITY shall provide a Life Insurance Plan for the employees covered by this MOD. Said plan shall be equal to that provided by Standard Insurance Company Policy 332175-F, Optional Insurance, Section 113, Plan A. 2. Accidental Death n Dismemberment - The CITY shall provide an Accidental Death and Dismemberment Insurance Plan for employees covered by this MOO. Said plan shall have a benefit amount of fifty thousand ($50,000) as described in Bankers Life Policy #SR83,556-50. C. Long Term Disability Insurance - The CITY shall pay to the ASSOCIATION on behalf of each employee covered by this MOO, 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. -25- WPADSERP:108 6406 D. Miscellaneous 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/her 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. ARTICLE IX - RETIREMENT A. B nefi s I . Public Employees' Retirement System a. The CITY shall provide all safety employees with that certain retirement program commonly known and described as the "2% at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS) , Sections 20952.5 and 21252.01 of the California Government Code, including the one-half continuance option (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. -26- WPADSERP:108 6406 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 10014.2 (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. 2. Self-Funded Supplemental Retirement Benefit - 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. -27- WPAOSERP:108 6406 3. Medical Insure-ce for 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 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 2) Retirees may participate in the Retiree Medical Plan or either of the HMO plans currently being offered to retirees. b. Retired employees exercising either of the options in Article IX.A.3.a. 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 IX.A.3.a. 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 IX.A.3.a. , 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 —28— WPADSERP:1O8 6406 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/her 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 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. Public Employees' RetiremCnt_ystem Reimbursement and Reporting I . Employee' s Contribution - Each safety employee covered by this MOU shall continue to be reimbursed an amount equal to nine percent (9%) 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%) 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. -29-- WPADSERP:108 6406 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. 2. "Rollover" a. PERS "Pickup"- 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. b. Vacation Accrual - Each employee, eligible for service retirement, may have his/her vacation accrual converted to salary for all or any part of the twelve (12) month period to his/her service retirement date upon written request to the Director of Finance. Salary received from such conversion shall be reported to PERS as part of Base Salary. Such modified reporting shall be for a maximum of twenty-four (24) months. 3. Reporting of Base Salsa Provisions of the Level Pay Plan, Article VII.C, shall be used for purposes of reporting the bi-weekly pay of twenty-four hour shift employees to the Public Employees Retirement System (PERS). -30- WPADSERP: 108 6406 C. Reinstatement Privileges for Disability Retirees - 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 X - LEAVE BENEFITS A. Leave with Pay 1 . 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. All employees shall be entitled to annual vacation, with pay, in accordance with this Article. a. Accrual - Permanent, full time employees shall accrue annual vacations at the following rates: 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. 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. 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. -31- WPADSERP:1O8 6406 After fourteen (14) years of continuous service, vacation time shall be accrued at the rate of one hundred ninety-two (192) hours per year. 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. Vacation allowance shall not be accumulated in excess of three hundred twenty (320) hours. b. Conversion Factor - The conversion factor for vacation usage for twenty-four (24) hour shift personnel shall be .7143. c. Eligibility and Permission - 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/her designee, who shall schedule all vacations with due consideration for the request of the employee and particular regard for the need of the Department. The Fire Department operates on a three-shift basis, with personnel being assigned to either the "A," "8" or "C" Shift for work scheduling purposes. On each such shift, there shall be eight (8) available vacation absences (referred to as "vacation slots"). That is, at any one time, there may be eight (8) persons absent from duty on each such shift due to vacation. These slots shall be made available by rank, two (2) to Firefighters, two (2) to Engineers, two (2) to Firefighter -32- WPADSERP:108 6406 Paramedics and two (2) 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. d. Conversion to Cash - 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, at the forty (40) hour rate, of earned vacation benefits, provided that no more than eighty (80) total hours at the forty (40) hour rate 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. Vacation accumulated in excess of three hundred twenty (320) hours at the forty (40) hour rate shall be paid in cash at the straight time forty (40) hour rate on the first payday following such accumulation. e. pay-Off at Termination - Except as provided in Section A.l .d. 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. 2. Sick-Leave a. Accrual - Sick leave accrual shall be in accordance with Rule 18-9 of the CITY` s Personnel Rules. Employees covered by this M(XJ shall accrue sick leave at the rate of 3.6923 hours per pay period. The conversion factor for sick leave usage for twenty-four (24) hour shift personnel shall be .7143. -33- WPAOSERP:108 6406 b. Pay-Off at Termination - Upon termination for reasons other than for industrial disability retirement, employees shall be paid (or have paid on their behalf as provided in Article IX.A.3.11 at their current salary rate for twenty-five percent (25%) of unused, earned sick leave from four hundred eighty (480) through seven hundred twenty (720) hours, and for fifty percent (50%) of all unused, earned sick leave for hours in excess of seven hundred twenty (720) hours. Upon termination for industrial disability retirement, employees shall be paid (or have paid on their behalf as provided in Article IX.A.3.b.) 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%) of all unused, earned sick leave in excess of four hundred eighty (480). c. Utilization in Conjunction with Industrial Disability Leave - Sick leave cannot be used to extend absences due to work related (industrial) injuries or illnesses. 3. Family Sick Leave a. Twenty-Four (24) Hour Shift Employeg� - 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. b. All Qthers - Other employees shall be entitled to family sick leave in accordance with Rule 18-8(d) of the CITY's Personnel Rules. c. A h r z i n - 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. -34- WPAOSERP:108 6406 4. BereavgMgnt 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 i6 each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather, stepgrandmother, 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. 5. 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 XI - CITY RULES A. Personnel Rulej - 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. The CITY and the ASSOCIATION agree to implement rule changes and accordingly revise the Personnel Rules as described in Exhibit D. B. Precedence of Agreement - In any case in which any provision of this Memorandum of Understanding is inconsistent with any CITY ordinance, rule, regulation, resolution, including provisions of any Fire Department Manual , the provisions of this MOU shall supersede and take precedence. C. Layoff Rules - 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. -35- WPADSERP:108 6406 ARTICLE XII - MISCELLANEOUS A. Fire Department Promotional Elms Poli y D-10 - Promotional examinations shall be held in accordance with the provisions of Policy D-10, dated 4-5-91 , 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. " B. Living Quarters - CITY shall provide necessary kitchen, living and sleeping quarters in the several fire stations and shall continue to provide facilities for ASSOCIATION meetings. C. Paychecks 1 . Bi-Weekly P - Salary shall be paid on a biweekly basis. By mutual consent of CITY and ASSOCIATION, early payment and other modifications may be made. 2. Paycheck Distribution - 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. 3. 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. -36-- WPADSERP:108 6406 D. Medical Examination for Resery Fir fi h r - Reserve Firefighters who complete one (1 ) full year of satisfactory service with the Huntington Beach Fire Department shall 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. E. Class "B" ©river's Licensl Employees required by the City to obtain a State of California Class "B" or Class "B" Firefighter Restrictive Driver' s License will be reimbursed for fees paid to the California Department of Motor Vehicles to obtain the Class "B" Firefighter Restrictive Driver' s License. F. Adopted P Qcuments - The following documents are adopted and Incorporated herein by reference: 1 . Plan Document - Health Net 2. Plan Document - Family Health Plan 3. Employee Health Plan Document 4. Delta Care Policy #4002 5. Delta Dental Policy #4729 6. Vision Care Plan 7. Bankers Life and Casualty Company - Policy #SR83.556-50 8. Standard Insurance Company - Policy 332175-F 9. Retiree Medical Plan ARTICLE XIII - 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 -37- WPADSERP:108 6406 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 XIV — TERM OF HOU This Memorandum of Understanding shall be in effect commencing on October 1 , 1990, and ending at midnight on September 30, 1993. 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. —38— WPADSERP:108 6406 ARTICLE KV - CITY COUNCIL APPROVAL It is the understanding of CITY and ASSOCIATION that this Memorandum of Understanding is of no force or effect whatsoever unless and until adopted by resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 15th day of July , 1992. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATI B City dministrator President By By e-ri - ief Neg pia 'ng Commit ee Mem r B y p � i Administr r ti ittee Me By B Chief Negotiator egoti '- ttee m By C� .-- N oti g Committee Member By Board Member APPROVED AS TO FORM: By--.. 1/ _ BY ail Hutton, City Attorney Fi a Associ4 , P11, Attorn y 1-1 f 7 -39- WPADSERP:108 6406 EXHIBIT A EMPLOYER-EMPLOYEE RELATIONS RESOLUTIONS 7.3 Personnel Director Motion of Mod_ificatiQn - 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. -40- WPADSERP:108 6406 EXHIBIT B CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE EFFECTIVE OCTOBER 1 . 192Q JOB NO. TITLE RNG A B Q E 6432 Fire Controller NE 376 2467 2602 2746 2896 3056 6434 Fire Controller Leadworker NE 403 2822 2978 3141 3314 3496 4432 Firefighter NE 394 2697 2846 3002 3167 3340 2460 Supvg. Fire Controller EX 451 3581 3779 3987 4207 4439 3430 Fire Engineer NE 419 3056 3224 3401 3588 3786 3434 * Fire Engineer Paramedic NE 439 3377 3562 3758 3964 4183 4428 Firefighter Paramedic NE 427 3181 3356 3539 3734 3938 4430 * Fire Protection Specialist EX 427 3181 3356 3539 3734 3938 1480 Fire Captain EX 451 3581 3779 3987 4207 4439 1483 * Fire Captain Paramedic EX 473 3999 4219 4451 4696 4954 1430 Deputy Fire Marshal EX 473 3999 4219 4451 4696 4954 EFFECTIVE SEPTEMBER 29. 1991 JOB NO.. TITLE INN A B -C €1 E 6432 Fire Controller NE 386 2591 2733 2884 3044 3212 6434 Fire Controller Leadworker NE 413 2964 3127 3299 3481 3671 4432 Firefighter NE 404 2836 2992 3156 3330 3513 2460 Supvg. Fire Controller EX 461 3767 3973 4191 4422 4664 3430 Fire Engineer NE 429 3210 3387 3572 3768 3976 3434 * Fire Engineer Paramedic NE 449 3546 3742 3949 4165 4394 4428 Firefighter Paramedic NE 437 3342 3526 3720 3924 4141 4430 * Fire Protection Specialist EX 437 3342 3526 3720 3924 4141 1480 Fire Captain EX 461 3767 3973 4191 4422 4664 1483 * Fire Captain Paramedic EX 483 4205 4436 4680 4937 5209 1430 °` Deputy Fire Marshal EX 483 4205 4436 4680 4937 5209 * Designates Assignments -41- WPADSERP:108 6406 EXHIBIT 8 CITY OF HUNTINGTON BEACH FIRE ASSOCIATIQN SALARY 5CHEDULE EFFECTIVE QCTOBER 4. 1992 JOB NO. TITLE R-NL A B Q D E 6432 Fire Controller NE 398 2753 2903 3063 3231 3409 6434 Fire Controller Leadworker NE 425 3149 3323 3505 3697 3900 4432 Firefighter NE 418 3042 3208 3385 3571 3767 2460 Supvg. Fire Controller EX 473 3999 4219 4451 4696 4954 3430 Fire Engineer NE 441 3411 3598 3796 4004 4224 3434 * Fire Engineer Paramedic NE 461 3767 3973 4191 4422 4664 4428 Firefighter Paramedic NE 449 3546 3742 3949 4165 4394 4430 * Fire Protection Specialist EX 449 3546 3742 3949 4165 4394 1480 Fire Captain EX 473 3999 4219 4451 4696 4954 1483 Fire Captain Paramedic EX 495 4463 4709 4968 5242 5529 1430 * Deputy Fire Marshal EX 495 4463 4709 4968 5242 5529 *Designates Assignments -42- WPADSERP:108 6406 (FIRE) EXHIBIT "C" HEALTH PLAN CHANGES I. PCS Changes: Effective l/l/92 1 . Increase co-payments from $4 to $5 for generics and from $6 to $8 for non-generics. 2. Change dispensing limit from 100 days to 34 days, or to 90 days for mail order prescriptions. II. Medical Plan Changes: Effective l/l/92 A. Increase maximum out-of-pocket expense (excluding deductible) from $750 to $1 ,000 per year for active employees and $2,000 per year for families of same, (maximum per family 52.000) . B. Eliminate Supplemental Accident benefit (expenses covered same as any other medical expenses). C. Modify In-Patient Hospitalization (current - 100%) and Major Medical (current - 80%) as follows: "Plan will cover 90% of covered expenses, after deductible is met, for Preferred Provider In-patient Hospitalization costs And Preferred Provider Major Medical expenses and 100% of covered expenses after the employee has reached the out-of-pocket expense maximum of $1 ,000 (up to the Plan maximum). If a non-Preferred Provider is utilized, the plan will pay 80% on the same basis." D. Establish chiropractic limits as follows: "Benefits are provided under Major Medical to a maximum of 24 treatments per year or $2,000, whichever is greater. Said limits are per person and commence January 1 of each year." E. Second Opinion Surgical Program - delete Part VIII E3 from the Employee Health Plan: "Once a second opinion is obtained and the individual elects to have the surgery, the normal benefit will be paid irrespective of the content of the second opinion. " III. Indemnity Dental Plan Change - Modify fee for service plan (Delta Dental ) to include a $25.00 deductible per person per year, effective l/l/92. IV. Optical Plan Change - Increase optical plan benefits to provide one pair of new eyeglasses every twelve (12) months instead of twenty-four (24) months, effective 1/l/91 . -43- WPADSERP:108 6406 EXHIBIT "C" HEALTH PLAN CHANGES CONTINUED V. Retiree Medical A. Plan document shall be as revised and submitted to the Association on May 15, 1991 . B. A revised length of service/benefit scheduled as follows: Maximum Monthly Payment for Retirements After: Ye.j rs of_Service 1 /l/87 lO/lZ8E 10/_ 1/89 10/01/92 10 $ 40 $ 80 $121 $121 11 44 88 132 136 12 48 97 145 151 13 53 105 158 166 14 57 113 170 181 15 61 122 182 196 16 65 130 195 211 17 69 138 207 226 18 73 146 220 241 19 77 155 232 256 20 81 163 244 271 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 C. Increase maximum out—of—pocket expense (excluding deductible) from $1 ,000 to $1 ,500 per person/$3,000 per family per year for retirees (subsidized plan). D. PCS changes, effective 1/l/92. Co—payments and dispensing limits will be consistent with those established for plan members who are active employees (see Item I). --44— WPADSERP:108 EXHIBIT D CHANGES TO PERSONNEL ROLES Rule 5-14 - Promotional Examin i n - 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 (2) or more candidates eligible. Only employees who meet the requirements for the vacant position may compete in promotional examinations. Promotional examinations may include any of the selection techniques, 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, and such list shall contain the name(s) of those that passed the examination. Rule 5-20 - Duration of-Employment L - 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. 4 Amend Personnel Rule - LaYoffs - The City and the Association agree that the first sentence in Personnel Rule 8-3 shall be modified to read as follows: 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. Rule 8-11 - Reemployment - With the approval of the Personnel Director, an employee who has resigned in good standing from the competitive service may be reemployed to his/her former position, if vacant, or to a vacant position of the same or a comparable class within one (1) year from date of resignation in accordance with Rule 5-21 . If such reemployment commences within ninety days of the effective date of resignation, the employee shall not be considered a new employee for vacation and seniority purposes. -- -45- WPADSERP:108 EXHIBIT D (Continued) Rule 18-19 - Matmity_Lea - The City and Association agree to modify the present Personnel Rule 18-19 Maternity--Leave to read as follows: "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 the 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. " Delete: "Female" - Six months Amend Personnel Rule 18-20 to include Medical Leave of Absencg - The City and the Association agree that the following sub-paragraph "C" shall be added to Personnel Rule 18-20. Leave of Absence Without Pay: Leave of absence without pay, for medical disability reasons, shall be restricted to six (6) months. Rule 1 -5. Step 4 - £i„ty,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 decisions in the form of a written report and recommendation to the City Administrator within five (5) days following such hearing, The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. -46- WPADSERP:108 6406 EXHIBIT D (Continued) 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. 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 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 officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. Rule 21-7 - Hearing -Officer- - 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. Rule 21-13 - Extension_gf Time for Processing Grievances - The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. -47- WPADSERP:1O8 6406 Res. No. 6406 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 20th day of July 19 92 , by the following vote: AYES: Councilmembers: Robztaille Winch Winchell, Silva, NOES: Councilmembers: Green ABSENT: Councilmembers: Moulton-Patterson 49 i y �IerKn ex-o icio er of the City Council of the City of Huntington Beach, California