HomeMy WebLinkAboutCity Council - 97-86 RESOLUTION NO. 97-8c,
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH MODIFYING SALARY AND BENEFITS
FOR ELECTED CITY ATTORNEY
WHEREAS, the City Council of the City of Huntington Beach desires to modify
salary and benefits for the elected City Attorney,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach as follows:
SECTION 1. Benefits for the City Attorney shall be modified as reflected in
Exhibit"A"hereto, effective as indicated.
SECTION 2. Salary for the elected City Attorney shall be modified as reflected
in Exhibit`B"hereto, effective as indicated.
SECTION 3. Except as modified, existing benefits shall remain in effect.
SECTION 4. Any resolution in conflict herewith, whether by minute action or
resolution of the City Council heretofore approved, is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 15th day of December , 1997.
Mayo
Shi ey Dettloff
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
Connie Brockway Gail Hutton
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INITIATED AND APPROVED:
c
City Attorney
Gail Hutton
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EXHIBIT A
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
SECTION I - SPECIAL PAY
A. Education Reimbursement- Education costs shall be reimbursed to non-associated employees on
the basis of full refund for tuition, fees, books and supplies if related to job. Approval by the
Department Head and Deputy City Administrator/Administrative Services for non-department
head personnel, and approval of City Administrator for Department Heads is required prior to
incurring any costs. Refund shall be made when the employee presents proof to the Deputy City
Administrator/Administrative Services that he/she has paid such costs and received a passing
grade and that the job relatedness of the course was pre-approved by both the Department Head
and the Deputy City Administrator/Administrative Services.
B. Shorthand Skill Pay - Employees who have successfully passed a shorthand skills test and who
are required to use shorthand regularly in their jobs shall receive additional compensation in the
amount of one hundred dollars ($100) per month. Shorthand skill may be required for selected
positions classified as Executive Assistant, Administrative Assistant, and Administrative
Secretary(Confidential).
C. Assigned Vehicle/Auto Allowance
1. Department Heads - Appointed Department Heads and the City Clerk, City Treasurer
and City Attorney shall have the option of an assigned city vehicle or an automobile
allowance offour hundred dollars (S400) per month plus reimbursement for out-of-town
travel at the approved mileage rate.
2. Designated Division Heads - Non Associated employees who were Division Heads
assigned a city vehicle as of July 2, 1983 shall have the option of an assigned city
vehicle or an automobile allowance of three hundred fifty dollars ($350) per month plus
reimbursement for out-of-town travel at the approved mileage rate.
3. Others - Non Associated employees who are regularly required to travel to perform
official city business but do not have an assigned vehicle or automobile allowance shall
be provided with a vehicle for such business.
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D. City Paid Physical Examinations - Non-Associated employees shall be provided once every two
years with a city paid physical examination comparable to the current class physical examination
or reimbursed the amount authorized for said physical examination. No more than one-half of
the eligible employees shall receive examinations in any one fiscal year. Department Heads
shall be required to take the scheduled physical examination. Said exam shall be comprehensive
in nature and shall include:
1. A complete medical history,physical exam and review of results by a physician.
2. Health testing including vision,hearing, breathing, chest x-ray and stress EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis and stool
test for blood.
E. Employees that utilize their bilingual skill as art of their job assignment shall be aid an
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additional five percent (5%) over their regular monthly salary upon certification as to their
language proficiency by the Personnel Director.
SECTION II - HOURS OF WORK/OVERTEVIE/TE"E OFF
Non-Associated employees shall not be eligible for overtime compensation. However, Non-Associated
employees designated as "non-exempt" (NE) may be granted paid or compensatory time off at time and
one half for hours worked over 40 hours in a work week. Any time off for sick leave during a work week
does not constitute hours worked and such time shall be counted toward the calculation,of hours worked.
Time off for "exempt" non-associated employees may be granted by their respective department heads, or
in the case of an appointed department head,by the City Administrator.
SECTION M - HEALTH AND OTHER INSURANCE BENEFITS
A. Health Insurance
1. Medical
a. The CITY shall continue to provide group medical benefits to all non associated
employees with coverage and other benefits comparable to the group medical plan
currently in effect. The City Administrator is authorized to modify the benefits
described in this Section to reflect changes necessary to make benefits comparable to
those benefits provided other managers in the CITY.
b. The coverage and benefits provided under the CITY Self-Insured and Self-Administered
Indemnity Plan, as provided in the Employee Health Plan Document, shall be modified
as follows:
1. Prescription Payments - Employees shall be required to obtain the generic drug
when available unless his/her physician specifically stipulates a brand name
drug. The employee would be paying, in addition to the co-payment, the
difference between the generic and the brand name cost.
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2. Outpatient Surgery - Plan to pay ninety percent (90%) for PPO providers and
seventy percent (70%) for non-PPO providers of usual, customary and
reasonable charges after the deductible is met. This applies to outpatient
surgical facilities, outpatient services in a hospital, surgeons, anesthesiologists
and all pre-admission testing.
3. Elimination of Mandatory Second Surgeon's Opinion Procedures - The Plan
shall require the attending physician call OCPPO on all proposed, elective
surgeries for a determination of second surgical opinion requirements. OCPPO
will have the authority to waive or require a second surgical opinion. OCPPO
will provide the patient with a list of Board Certified surgeons in the same
specialty. The charges for the second surgical consultant will continue to be
paid at one hundred percent(100%)and not subject to the deductible.
4. Subsidized Retiree Medical - Benefits to be paid at the rate of ninety percent
(90%)for PPO's and seventy percent(70%)for non-PPO's.
C. Eligibility Criteria and Cost
1 The CITY will assume payment, subject to the limitations set forth in Section
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III.A.l.c.2-3. below, for dependent medical insurance effective the first of the
month following the month during which the Non-Associated employee completes
six (6) months of full time continuous service with the CITY. For purposes of
determining continuous service,there shall be no accrual of hours for the period of
time an employee is on a non-pay status for a complete pay period.
2) Employees hired prior to December 27. 1997.
Effective January 1, 1997, the City shall pay medical, dental and vision insurance
premiums by category and plan as follows:
Monthly City Health Delta. Delta VSP
Pad care Safeguard
Premium Plan Net Dental Care (Vision)!..
Employee
Only $238.62 S153.26 S150.21 S34.59 S21.48 S18.56 $17.10
Employee
+ One 477.26 335.53 329.14 66.07 36.51 33.41 17.10
Employee
+Family 595.47 440.99 433.82 93.86 55.83 42.64 17.10
Effective January 1, 1999, the City shall contribute toward medical, dental and
vision insurance premiums by category and plan at the rate effective on that date
for employees hired prior to December 17, 1997.
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3) Employees hired on or after December 27 1997
Effective January 1, 1997, the City's contribution toward medical insurance
premiums shall be no more than the rate set for (1) employee only, (2) employee
plus one, or (3) employee plus family in either of the HMO plans offered by the
City. Should the employee elect to be covered by the City plan, he/she shall pay
an amount equal to the highest HMO rate in the category of coverage selected by
the employee. The employee shall pay the difference.
The City's contribution toward dental and vision insurance shall be:
Monthly Delta Delta VSP:;
Safeguard
Premium Dental Care -. (Vision)
Employee
Only S34.59 S21.48 S18.56 S17.10
Employee+
One 66.07 36.51 33.41 17.10
Employee
+Family 93.86 55.83 42.64 17.10
Effective January 1, 1999, the City shall contribute toward dental and vision
insurance premiums by category and plan at the rate effective on that date for
employees hired on or after December 27, 1997.
2. Dental
The CITY shall provide an indemnity dental insurance plan comparable to Delta Dental Plan
4729 and a prepaid dental plan comparable to Delta Care Plan 0039.
3. Optical
The CITY shall provide a Vision Care Plan effective January 1, 1989 for employees and their
dependents.
B. Life and Accidental Death and Dismemberment Insurance
Each non-associated employee under age sixty-five (65) shall be provided with $45,000 life insurance
and $45,000 accidental death and dismemberment insurance paid for by the CITY. Each employee shall
have the option, at his/her own expense, to purchase an additional amount of life insurance in the amount
of $25,000 and accidental death and dismemberment insurance in the amount of $25,000, $50,000 or
$100,000. Evidence of insurability is contingent upon total participation in additional amounts.
C. Long Term Disability Insurance
This program provides for each incident of illness or injury, a waiting period of sixty(60) calendar days,
during which the non-associated employee may use accumulated sick leave and vacation pay.
Subsequent to the sixty (60) day waiting period, the employee will be covered by an insurance plan paid
for by the CITY providing sixty six and two-thirds percent (66 2/3%) of the first $10,000 of the
employee's basic monthly earnings up to a maximum monthly benefit of$6,666.67._
The maximum benefit period for disability due to injury or illness shall be to age sixty-five (65).
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Days and months refer to calendar days and months. Benefits under the plan are integrated with sick
leave, Worker's Compensation, Social Security and other non-private program benefits to which the
employee may be entitled. Disability is defined as: "The inability to perform all of the duties of regular
occupation during two years and thereafter the inability to engage in any employment or occupation for
which he is fitted by reason of education, training or experience." Rehabilitation benefits are provided in
the event the individual, due to disability, must engage in other occupation. Survivor's benefits continues
to plan payment for three months beyond death. A copy of the plan is on file in the Administrative
Services Department.
D. Miscellaneous
When a non-associated employee is on a leave of absence without pay for reason of medical disability,
the CITY shall maintain the CITY paid Insurance Premiums during the period the employee is in a non
pay status for the length of said leave, not to exceed twenty-four(24)months.
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SECTION IV - RETIREMENT
A. Benefits
1. Public Employees' Retirement System - Non-Associated employees shall be entitled to
retirement benefits appropriate to his/her class as defined in the contract between the Board of
Administration, Public Employees' Retirement System and the City Council of the City of
Huntington Beach.
2. Self-Funded Supplemental Retirement Benefit - In the event a Non-Associated employee
member elects Option 92 (Section 21333)or Option 143 (Section 21334) of the Public Employees'
Retirement law, the CITY shall pay the difference bet-,veen 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 (non-associated employee), shall be payable by the
CITY during the life of the member, and upon that members death, the CITY'S obligation shall
cease. Unless previously excluded by employment or resolution, eligibility for this benefit is
limited to employees hired before December 27, 1997.
3. Medical Insurance for Retirees
a. Upon retirement,whether service or disability connected, each non-associated employee
shall be entitled to cause himself or herself, spouse and dependents to participate fully in
the city's group health insurance program at the equivalent of the city's group premium
rate in accordance with the provisions specified by COBRA (Federal Law). Such
participation shall be at employee's expense and upon teens, conditions and restrictions
currently in effect.
b. As an alternative to the benefit described in paragraph VI.A.3.a. above, the City will
provide a financial contribution towards the cost of retiree medical premiums as
described in Section VII.
C. Retired employees exercising either option (per paragraphs a. or b. above) may cause
any premiums not paid by the CITY to be paid for retiree medical insurance out of any
available funds due and owing them for unused sick leave benefits upon retirement,
provided; however, that whenever any such retired employee does not have any such
available funds with which to cause the premiums to be paid, he or she shall have the
opportunity to provide the CITY Nvith 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 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 calculation of such sick leave dollars shall be in accordance with Section
V.C.2. The CITY shall notify any retired employee whose funds available for unused
sick leave benefits are about to be exhausted of such fact in writing by certified mail,
return receipt requested, at the retired employee's most recent address of record with the
CITY no later than three (3) months prior to the date upon which there will not be
sufficient funds to pay premiums. It shall be the individual retiree's responsibility either
to insure that there are sufficient sick leave dollars available to pay premiums or to make
premium payments at least one (1) month in advance to continue the group insurance in
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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
or 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 five (35) days
after mailing such notice. Any retired employee electing to obtain such medical
insurance 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 owing him or her for unused sick leave benefits that have
not been exhausted to pay these health insurance premiums shall be paid in an lump sum
to the retired employee within thirty (30) days following receipt by the CITY of such
notice; provided, however, that once such retired employee elects to terminate such
coverage,he or she shall be precluded from securing it at a later date at the group rate.
Public Employees' Retirement stem Reimbursement and Reporting
B. SS P g
1. Employees' Contribution -Non-Associated employees shall be reimbursed once every two weeks
(2) in an amount equal to 7% of the employee's base salary (9% for safety employees) as a
pickup of the employee's contribution or portion of such contribution to the Public Employees'
Retirement System. The above PERS pickup is not base salary but is done pursuant to section
414(h) (2) of the Internal Revenue Code.
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SECTION V - LEAVE BENEFITS
A. Vacation
I Accrual - Vacation leave for non associated employees shall be accrued as follows:
Years of Service Vacation Allowance
First through Fourth Year 112 hours
Fifth through Ninth Year 136 hours
Tenth through Fourteenth Year 160 hours
Fifteenth Year and Thereafter 192 hours
2. Eligibility and Permission - Accrued vacation may be taken after six (6) months' service.
Vacation (and sick leave) accrued time are to be computed from hiring date anniversary. Non-
Associated employees shall not be permitted to take a vacation in excess of actual time earned.
Effective December 31, 1999, Non Associated employees shall not accrue vacation in excess of
four hundred hours (400). Employees that have accrued more than four hundred hours (400)
shall be permitted a one time buy down of vacation in excess of four hundred hours (400)
through December 31, 1999. Employees may not use their vacation to advance their separation
date on retirement or other separation from employment.
.3. Conversion to Cash
a. Cash Advance - Upon one (1) week written notification to the Chief of Administrative
Services, an employee shall be entitled to receive his/her earned vacation pay, less
deductions, in advance, prior to his regularly scheduled annual vacation. Such advances
are limited to one during each employee's anniversary year.
b. Pav Off at Termination - An employee shall be paid for unused vacation upon
termination of employment at which time such 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 provided,
however, that there shall be no compensation for unused vacation hours accrued in
excess of 400 hours except as provided in V. A.2 above.
C. Conversion to Cash - Once during each fiscal year, each permanent employee shall have
the option to convert into a cash payment or deferred compensation up to a total of
eighty hours (80) of vacation benefits. The employee shall give two (2) weeks advance
notice of his or her decision to exercise such option.
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B. Holidays- The following are paid holidays:
1. New Year's Day
2. Martin Luther King Day(third Monday in January)
3. Presidents 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. Veteran's Day(November 11 Unless designated as a different date by City Council)
8. Thanksgiving Day(fourth Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day(December 25)
11. Any day declared by the President of the United States to be a national holiday
or by the Governor of the State of California to be a state holiday and adopted as
an employee holiday by the City Council of the City of Huntington Beach.
For Civic Center holiday closure purposes holidays which fall on Sunday shall
be observed the following Monday and those falling on Saturday shall be
observed the preceding Friday.
Sick Leave
1. Familv Sick Leave - Sick leave may be used for an absence due to illness of the employee's
spouse or child when the employee's presence is required at home, provided.that such absences
shall be limited to five (5) days per calendar year.
2. Pay Off at Termination
a. Non-Associated employees with continuous service with the City since November 20,
1978, shall be entitled to the following sick leave payoff plan:
At involuntary termination by reason of disability, or by death, or by retirement,
employees shall be compensated at their then current rate of pay for seventy-five percent
(75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%)
of unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of
sevenhundred and twenty hours (720) of unused, accumulated sick leave, except as
provided in paragraph V.C.2.d. below.
Upon termination for any other reason, employees shall be compensated at their then
current rate of pay for fifty (50%) of all unused accumulated sick leave, up to a
maximum of 720 hours of such accumulated sick leave.
b. Non Associated employees hired after November 20, 1978 shall be entitled to the
following sick leave payoff plan:
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Upon termination, all employees shall be paid, at their then current salary rate, for
twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for
thirty-five percent(35%) of all unused, earned sick leave in excess of 480 hours, but not
to exceed 720 hours, except as provided in paragraph V.A.3.b.4. below.
C. Except as provided in paragraph V.C.2.d. below, no non associated employee shall be
paid at termination for more than 720 hours of unused, accumulated sick leave.
However, employees may utilize accumulates sick leave on the basis of "last in, first
out," meaning that sick leave accumulated in excess of the maximum for payoff may be
utilized first for sick leave, as defined in Personnel Rule 18-8.
d. Non Associated employees who had unused, accumulated sick leave in excess of 720
hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on
termination under the formulas described in paragraphs V.C.2.a. and b above. In no
event shall any employee be compensated upon termination for any accumulated sick
leave in excess of the "cap" established by this paragraph (i.e., 720 hours plus the
amount over 720 hours existing on July 5, 1980). Employees may continue to utilize
sick leave accrued after that date in excess of such "cap" on a "last in, first out" basis.
To the extent that any such "capped" amount of excess sick leave over 720 hours is
utilized, the maximum compensable amount shall be correspondingly reduced.
(Example: Employee had 1,000 hours accumulated. Six months after July 5, 1980,
employee has accumulated another 48 hours. Employee is then sick for 120 hours.
Employee's maximum sick leave "cap" for compensation at termination is now reduced
by 72 hours to 928 hours.)
D Bereavement Leave
Non-Associated employees shall be entitled to bereavement leave not to exceed three (3) working days
per calendar year in case of death in the immediate family. "Immediate family" is defined as father,
stepfather, mother, stepmother, sisters, brothers, stepsisters, stepbrothers, mother-in-law, father-in-law,
spouse, children, stepchildren and grandparents of the employee or spouse.
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SECTION VI - RETIREE SUBSIDY MEDICAL PLAN
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 allowance by
the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified downward or
cease during the lifetime of the retiree upon the occurrence of any one of the following:
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. "Another
employer" as used herein means private employer or public employer or the employer of
a spouse. As a condition of being eligible to receive the premium contribution as set
forth in this plan, the City shall have the right to require any retiree to annually certify
that the retiree is not receiving or eligible to receive any such health insurance benefits
from another employer. If it is later discovered that a misrepresentation has occurred,
the retiree will be responsible for_reimbursement of those amounts inappropriately
expended and the retirees' eligibility to receive further benefits will cease.
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 Part A 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. Upon receipt by the City that a retiree does not qualify for
paid Part A Medicare, the City shall reimburse the retiree for his/her premium costs to be
enrolled in Part A Medicare.
3. In the event the Federal Government or State Government mandates an employer-funded
health plan or program for retirees, or mandates that the City make contributions toward
a health plan (either private or public) for retirees,the City's contribution rate as set forth
in this plan shall first be applied to 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/she were retired at the time of
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death, shall be paid on behalf of the spouse or family for a period not to exceed twelve
(12) months.
D. Schedule of Benefits
1. 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.
2. 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.
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.
3. 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:
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Maximum Monthly Payment
for
Retirements After:
Years of Service 1 /0 01/92
10 $121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
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 needed 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.
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SECTION VIII - RULES GOVERNING LAYOFF, REDUCTION IN LIEU OF
LAYOFF AND REEMPLOYMENT
The following procedures shall not apply to Department Heads and the Assistant City Administrator.
Part 1. Layoff Procedure
A. General Provisions
1. Whenever it is necessary because of lack of work or funds to reduce the staff of a City
department, employees may be laid off pursuant to these rules.
2. Whenever an employee is to be separated from the competitive service because the tasks
assigned are to be eliminated or substantially changed due to management-initiated
changes, including but not limited to automation or other technological changes, it is the
policy of the City that steps be taken by the Personnel Division on an interdepartmental
basis to assist such employee in locating, preparing to qualify for, and being placed in
other positions in the competitive service. This shall not be construed as a restriction on
the City government in effecting economies or in making organizational or other
changes to increase efficiency.
3. A department shall reduce staff by identifying which positions within the department are
to be eliminated.
4. The employee who has the least City-wide service credit in the class within the
department shall have City-wide transfer rights in the class pursuant to Part 1., Section
3., Transfer or Reduction to Vacancies in Lieu of Layoffs, or within the occupational
series pursuant to Part 2., Bumping Rights.
5. If a deadline within this procedure falls on a day the City Hall is closed, the deadline
shall be the next day City Hall is open.
B. Service Credit
1. Service credit means total time of full-time continuous service within the City at the time
the layoff is initiated, including probation, paid leave or military leave. Permanent part-
time employees earn service credit on a pro rata basis.
2. Except as required by law, leaves of absence without pay shall not earn service credit.
3. As between two or more employees who have the same amount of service credit, the
employee who has the least amount of service in class shall be deemed to be the least
senior employee.
C. Transfer or Reduction to Vacancies in Lieu of La o
1. In lieu of layoff, a transfer within class shall be offered to an employee(s) with the least
amount of service credit in the class designated for staff reduction within a department
subject to the following:
a. The employee has the necessary qualifications to perform the duties of the
position.
b. The employee shall be given the opportunity, in order of service credit, to accept
a transfer to a vacant position in the same class within the City, provided the
employee has the necessary qualifications to perform the duties of the position.
C. If no position in the same class is vacant, the employee shall be given the
opportunity, in order of service credit, to transfer to the position in the same
class that is held by an incumbent in another department with the least amount of
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service credit whose position the employee has the necessary qualifications to
perform.
d. If an employee(s) is not eligible for transfer within the employee's class, the
employee shall be offered, in order of service credit, a reduction to a vacant
position in the next lower class within the City in the occupational series in lieu
of layoff provided the employee has the necessary qualifications to perform the
duties of the position.
e. If the employee refuses to accept a transfer or reduction pursuant to A. or B.,
above, the employee shall be laid off.
f. If the employee(s) in the class with the least amount of service credit is in the
position(s) to be eliminated or displaced by transfer, the employee shall be
offered bumping rights,pursuant to Part 2.
g. Any employee who takes a reduction to a position in a lower class within the
occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s)pursuant to Part 3., Reemployment.
D. Order of Lavoff
1. Prior to implementing a layoff, vacant positions that are authorized to be filled shall be
identified by City-wide occupational series. If the employee refuses to accept a position
pursuant to Section 3., above,the employee shall be laid off.
2. No promotional probationary employee or permanent employee within a class in the
department shall be laid off until all temporary, non-permanent part-time and non
promotional probationary employees in the class are laid off. Permanent employees
whose positions have been eliminated may exercise City-wide bumping rights to a lower
class in the occupational series pursuant to Part 2.
3. When a position in a class and/or occupational series is eliminated, any employee in the
class who is on authorized leave of absence or is holding a temporary acting position in
another class shall be included for determining order of service credit and be subject to
these layoff procedures as if the employee was in his or her permanent position.
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E. Notification of Employees
ees
1. The Personnel Division shall give written notice of layoff to the employee by personal
service or by sending it by certified mail to the last known mailing address at least
fifteen (15) calendar days prior to the effective date of the layoff. Normally notices will
be served on employees personally at work.
2. Layoff notices may be initially issued to all employees who may be subject to layoff as a
result of employees exercising voluntary reduction/bumping rights.
3. The notice of layoff shall include the reason for the layoff, the effective date of the
layoff, the employee's hire date and the employee's service credit ranking. The notice
shall also include the employee's right to bump the person in a lower class with the least
service credit within the occupational series provided the employee possesses the
necessary qualifications to successfully perform the duties in the lower class and the
employee has more service credit than the incumbent in the lower class.
4. The written layoff notice given to an employee shall include notice that he or she has
seven (7) calendar days from the date of personal service, or date of delivery of mail if
certified, to notify the Personnel Director in writing if the employee intends to exercise
the employee's bumping rights, if any,pursuant to Part 2., Bumping Rights.
5. Whenever practicable, any employee with the least amount of service credit in a lower
class within an occupational series which is identified for work force reduction shall also
be given written notice that such employee may be bumped pursuant to Part 2. This
notice shall include the items referred to in C., above.
6. If an employee disagrees with the City's computation of service credit or listed date of
hire, the employee shall notify the Personnel Director as soon as possible but in no case
later than five (5) calendar days after the personal service or certified mail delivery.
Disputes regarding date of hire or service credit shall be jointly reviewed by the
Personnel Director and the employee and/or the employee's representative as soon as
possible, but in no case later than five (5) calendar days from the date the employee
notifies the Personnel Director of the dispute. Within five (5) calendar days after the
dispute is reviewed,the employee shall be notified in writing of the decision.
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Part 2. Bumping Rights
A. Voluntary, Reduction or Bumping in Lieu of Layoff
1. A promotional probationary employee or permanent employee who receives a layoff
notice may request a reduction to a position in a lower class within the occupational
series provided the employee possesses the necessary qualifications to perform the duties
of the position.
2. Employees electing reduction under A. above, shall be reduced to a position authorized
to be filled in a lower class within the employee's occupational series. The employee
may reduce to a lower class in his/her occupational series by 1) filling a vacancy in that
class, or 2) if no vacancy exists, displacing the employee in the class with the least
service credit, whose position the employee has the necessary qualifications to perform.
A displaced employee shall have bumping rights.
3. An employee who receives a layoff notice must exercise bumping rights within seven (7)
calendar days of receipt of the notice as specified in Part 1. Failure to respond within the
time limit shall result in a reputable presumption that the employee does not intend to
exercise any right of reduction or bumping to a lower class. The employee must carry
the burden of proof to show that the employee's failure to respond within the time limits
was reasonable. If the employee establishes that failure to respond within the time limit
was reasonable, to the Personnel Director's satisfaction, the employee shall be permitted
to exercise bumping rights but shall not be reinstated to a paid position until the
employee to be bumped has vacated the position. If the employee disagrees with the
Personnel Director's decision, the employee may appeal pursuant to the provisions of
Sections 3 and 4 below.
B. ReinstatementlReemployment Lists
Any employee who takes a reduction to a position in a lower class within the occupational series
in lieu of layoff shall be placed on the reinstatement/reemployment list pursuant to Part 3.
Reemployment
C. Qualifications Appeal
Any employee who is denied a reduction to a position in a lover class within the occupational
series on the basis that the employee does not possess the necessary qualifications to successfully
perform the duties of the lower position may appeal the decision. The appeal shall be filed with
the Personnel Director within five (5) calendar days of the employee's receipt of written notice
of the decision and reason(s) for denial. The employee's appeal shall be in writing and shall
include supporting facts or documents supporting the appeal.
D. Qualifications Appeal Hearing
1. Upon receipt of an appeal, the Personnel Director shall contact a mediator from the
California State Mediation and Conciliation Service to schedule a hearing within two (2)
weeks after receipt of the appeal. If the California State Mediation and Conciliation
Service is not available within that time frame, the parties shall mutually select a person
who is available within the time frame. If the California State Mediation and
Conciliation Service and the person mutually selected are not available within the time
frame, the parties shall select the earliest date either is available to conduct the hearing.
The parties shall split the cost, if any,of the hearing officer. In addition,the parties shall
meet within three (3) work days to attempt to resolve the dispute. If the dispute remains
unresolved, the parties shall endeavor in good faith to submit to the hearing officer a
statement of all agreed upon facts relevant to the hearing.
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2. Appeal hearings shall be limited to two (2) hours, except as otherwise agreed by the
parties or directed by the hearing officer.
3. The hearing officer shall attempt to resolve the dispute by mutual agreement if possible.
If no agreement is reached, the hearing officer shall render a decision at the conclusion
of the hearing which shall be final and binding.
PART 3. REEMPLOYMENT
A. Reemployment
1. Employees who are laid off or reduced to avoid layoff shall have their names placed
upon a reemployment list, for each class in the occupational series, in seniority order at
or below the level of the class from which laid off or reduced.
2. Names of persons placed on the reemployment lists shall remain on the list for two (2)
years from the date of layoff or reduction.
3. Vacancies shall be filled from the reemployment list for a class, starting at the top of the
list,providing that the person meets the necessary qualifications for the position.
4. Names of persons are to be removed from the reemployment list for a class if on two (2)
occasions they decline an offer of employment or on two (2) occasions fail to respond to
offers of employment in a particular class within five (5) calendar days of receipt of
written notice of an offer. Any employee who is dismissed from the City service for
cause shall have his or her name removed from all reemployment lists.
5. Reemployment lists shall be available to HBMEA and affected employees upon
reasonable request.
6. Qualifications appeals involving reemployment rights shall be resolved in the same
manner as that identified in Part 2., Section 4.
B. Status on Reemployment
1. Persons reemployed from layoff within a two (2) year period from the date of layoff
shall receive the following considerations and benefits:
a) Service credit held upon layoff shall be restored, but no credit shall be added for
the period of layoff.
b) Prior service credit shall be counted toward sick leave and vacation accruals.
c) Employees may cash in sick leave upon layoff or at any time after layoff in the
manner and amount set forth in existing Memoranda of Understanding for that
employee's unit. Sick leave shall be paid to an employee when the
reemployment list(s) expire(s), if not previously paid.
d) Upon reinstatement the employee may have his or her sick leave re-credited by
repayment to the City the cashed amount. Sick leave accumulation of less than
480 hours shall be restored upon reemployment.
e) The employee shall be returned to the salary step of the classification held at the
time of the layoff and credited with the time previously served at that step prior
to being laid off.
f) The probationary status of the employee shall resume if incomplete.
2. Employees who have reduced to avoid layoff and are returned within two (2) years to
their former class shall be placed at the salary step of the class they held at the time of
reduction and have their merit increase eligibility date recalculated.
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CITY OF HUNTINGTON BEACH
Indemnity Health Plan
Employees and Retirees
(January 1, 1998)
Benefits City Plan Erployees City Plan/Subsidized
Non-Subsidized Retirees Retiree an
COBRA Eligibles.
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
* 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.
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EXHIBIT C
Miscellaneous Provisions
of the
Retiree Subsidy Medical Plan
Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan (80% Plan) for the various
employee groups shall be the 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 Beach.
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.
3. Annual deductible is 51,000 or greater per person.
4. Major medical benefits are paid at 60% or less of covered expenses.
b) The Risk Manager will have the authority to provide additional exceptions following
review of the "other" 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.
6. 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.
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7.When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to
exercise COBRA rights.
8.When a retiree is under 65 and his/her spouse is over 65,the spouse is not covered.
Benefits:
1. Retiree Subsidy Medical Plan includes California Psychological 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.
Subsidies:
1. The subsidy payments will pay for:
a) Retiree Subsidy Medical Plan
b) HealthNet
c) Family Health Plan (FHP)
d) Part A of Medicare for those retirees not eligible for paid Part A
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.
Medicare:
1. 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.
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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 paid Part A of
Medicare,the subsidy shall be for the retiree's Part A only.
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 Retiree Subsidy Medical Plan will be eliminated.
2. See provisions under"Benefits", "Subsidies", and "Medicare" for those retirees/dependents not
eligible for paid Part A of Medicare.
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.
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EXHIBIT "B"
CITY ATTORNEY SALARY SCHEDULE
Effective December 27, 1997
Classification Range Step E
City Attorney 603 9476
Effective December 27, 1998
City Attorney 607 9618
g:\resoluti\cityatty.doc
97-86
Res.No. 97-86
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 15th day of December, 1997 by the
following vote:
AYES: Harman, Green,Dettloff, Bauer, Sullivan
NOES: None
ABSENT: None(Julien, Garofalo - absent from room)
City Clerk and ex-officioONerk of the
City Council of the City of Huntington
Beach, California
G/reso1utVresbkpg/97-80