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City Council - 98-61
RESOLUTION NO. 98-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION (MEO) AND THE CITY OF HUNTINGTON BEACH FOR 1/1/98 -12/31/99 The City Council of the City of Huntington Beach does resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Management Employees' Organization("MEO"), a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term January 1, 1998 through December 31, 1999. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of August , 1998. Mayor ATTEST: APPROVED AS TO FORM: ieolt,� L-0�— City Clerk �� 5�9 C' y tt y REVIEWED AND APPROVED: T PROV D: City Administrator uty Ci y d i 'strat / Administrative Service SF:PCD:Reso1ut:ME098-99 RLS 98-493 8/5/98-#1 98-61 MEO MOU TABLE OF CONTENTS PREAMBLE..................................................................................................................................................................................I ARTICLEI-TERM OF MOU...................................................................................................................................................I ARTICLE II-REPRESENTATIONAL UNIT/CLASSIFICATIONS....................................................................................I ARTICLE III-ARTICLE NUMBER RESERVED..................................................................................................................2 ARTICLE IV-EXISTING CONDITIONS OF EMPLOYMENT...........................................................................................2 ARTICLEV-SEVERABILITY.................................................................................................................................................3 ARTICLEVI-SALARY SCHEDULE......................................................................................................................................3 ARTICLEVII.- SPECIAL PAY..................................................................................................................................................3 A. EDUCATIONAL TUITION..............................................................................................................................................................3 B. CERTIFICATION/SKILL PAY..........................................—............................................................................................................4 ARTICLEVIII-UNIFORMS.....................................................................................................................................................4 ARTICLE IX-HOURS OF WORK/OVERTIME/ADMINISTRATIVE LEAVE.................................................................4 A.OVERTIME..................................................................................................................................................................................4 B.ADMINISTRATIVE LEAVE............................................................................................................................................................4 C. OVERTIME/TIME OFF FOR DIVISION CHIEFS/BATTALION CHIEFS................—............................................................................4 D.INVESTIGATOR............................................................................................................................................................................4 ARTICLE X-HEALTH AND OTHER INSURANCE BENEFITS........................................................................................5 A. HEALTH......................................................................................................................................................................................5 1. Medical..................................................................................................................................................... ............................5 2. Dental.......................... ......................................................................................5 3. Optical_...-...............I--................................................................ B. ELIGIBILITY CRITERIA AND COST......................I.................................... .................................................................................6 1. City Paid Medical and Dental Insurance-Dependents..........................................................................--.........................6 2. City's Contribution to Health Insurance Premiums..............................................................................................................6 b.Employees Hired Prior to August 17 1998............................ 6 c.Employees Hired On or After August 17 1998....................................................................................................................................7 C.LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT..............................................................................................................7 D.LONG TERM DISABILITY INSURANCE.........................................................................................................................................7 E.MISCELLANEOUS .......................................................................................................................8 I. City yf aid Premiums While On Medical Disability.............................................................---............................................8 2. Insurance Benefits Adviso Committee...............................--............................................................................................8 3. Health Plan Over-Payments..................................................................................................................................................8 a.Reduction of Employee's Bi-Monthly Salary Warrant.........................................................................................................................8 b.Notice of Ineligible Dependents............................................................................................................................................................8 P.Twelve Month Recovery Period.....................I....I.....I...I................ 8 4. Federal Health Plan..............................................................................................................................................................8 ARTICLE XI-RETIREMENT BENEFITS..............................................................................................................................9 A. BENEFITS....................................................................................................................................................................................9 1. Self Funded Supplemental Retirement Benefit...........—................................—................................—...................................9 2. Medical Insurance for Retirees..............................................................................................................................................9 a.Medical Insurance Upon Retirement.....................................................................................................................................................9 b, Premiums Paid U on Retirement By Use of Unused Sick Leave Benefits............... B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING.....................................................................10 0032770.01 i 08/06/98 4:50 PM 98-61 MEO MOU TABLE OF CONTENTS 1_ Em to ee's Contrihution.....................................................................................................................................................10 2. Rollover.............................................................................................—............._................................_.................................10 B.PUBLIC EMPLOYEE5' RETIREMENT SYSTEM LEVEL 3 SURVIVORS BENEFITS...........................................................................10 ARTICLEXII-LEAVE BENEFITS........................................................................................................................................10 A. VACATION............................................................................—.................................................................................................10 1, Annual Vacation..................................................................................................................................... 10 2.Annual Allowance.............................................................. ...._._.................._.......10 3. Eligibility fligibility and Permission....................................................................................................................................................10 4. Vacation- When Taken........................................................................................................................................................11 5. Receipt of Vacation Pav.......................................................................................................................................................11 6. Conversion to Cash.......—....................................................................................................................................................11 B.HOLIDAYS.................... .........................................................................................................................................................11 C. SICK LEAVE..............................................................................................................................................................................11 D. BEREAVEMENT LEAVE.....................................................................................................................................................-......13 ARTICLEXIII.-CITY RULES................................................................................................................................................13 A.PERSONNEL RULES...................................................................................................................................................................13 B.IMPLEMENTATION OF NEW PERSONNEL RULES.......................................................................................................................1 13 I. Rule 5-14 Promotional Examinations................................................................—..............................................................13 2. Rule 8-3. LELoff In Accordance with Leith of Service. Determination of Length of Service. Professional. Scientific and ExecutiveClasses...................................................................................................................................................................13 3. Rule 8-II,Re-E ployment..................................................................................................................................................14 4. Rule 18-19 Maternity Leave...................... ...14 5. Rule 18-20 Leave o Absence Without P ...I.......................... ..........................................................I...................14 6. Rule 19-5, Step 4 Grievance, CyAdministrator.....................................................—........................................................14 7. Rule 19-5 Ste b Hearin ..._it...............-...........—.......................,................_..............._._..................................._.............15 7. Rule 21-7, Hearing Officers.................................................................................................................................................15 9. Rule 21-12 Time. Extension of......................................................................................................... ................................15 10, Rule 21-13 Time Extension Grievances............................I..........-........................................................... -...15 11. Grievances..................................................................................................................................... a.Representation..................................................................................................................................................................................... 15 b.Procedure............................................................................................................................................................................................ 15 c,Arbitrator.............................................................................................................................................................................................16 C.RULES GOVERNING LAYOFF REDUCTION IN-LIEU OF LAYOFF AND RF-EMPLOYMENT...........................................................16 1. Part 1-L o Procedures..................................................................................................................................................16 a. General Provisions......................................................................... . .......................................................... 16 b.Service Credit......................................................................................................................................................................................16 c.Transfer or Reduction to Vacancies in Lieu of Layoff........................................................................................................................ 17 d.Order of Layoff..............................................._............._..................._.........,......... _........ ............................................I8 e.Notification of Employees................................................................................................................................................................... 18 2. Part 2-Bumkg Rights ......................................................................................................................................19 a.Voluntary_Reduction or Bumping in Lieu of Layoff.............................................................................................................-............ 19 b.Reinstatement/Reemployment Lists................................ 20 c.Qualifications Appeal.............. ..........................................................,.......••--__..._........--....._...-....................._................................20 d.Qualifications Appeal............................................................................................................................................. ............................20 3_ Part -Reem to ment........................................................................................................................................................21 a.Reemployment.....................................................................................................................................................................................21 b. Status on Reemployment..................................................................................................... 21 ARTICLEXIV-MISCELLANEOUS......................................................................................................................................22 A. PHYSICAL EXAMINA`110N.........................................................................................................................................................22 B.VEHICLE POLICY......................................................................................................................................................................22 ARTICLE XV-CITY COUNCIL APPROVAL.....................................................................................................................24 EXHIBIT A-MEO SALARY SCHEDULE.............................................................................................................................25 0032770.01 ii 08/06/98 4:50 PM 98-61 MEO MOU TABLE OF CONTENTS EXHIBIT B-DELTA DENTAL BROCHURE.......................................................................................................................28 EXHIBIT C-DELTA CARE PLAN BROCHURE.................................................................................................................29 EXHIBIT D-EMPLOYEE HEALTH PLAN BROCHURE..................................................................................................30 EXHIBIT E-RETIREE MEDICAL PLAN.............................................................................................................................31 RETIREE SUBSIDY MEDICAL PLAN..................................................................................................................................31 SCHEDULEOF BENEFITS.....................................................................................................................................................32 A. Minimum Elizihilitv for Bene its.........................................................................................................................................32 B. Disahility Retirees...............................................................................................................................................................32 C. Maximum Monthly Subsidy Payments.................................................................................................................................32 INDEMNITY HEALTH PLAN,EMPLOYEESIRETIREES............................................. .................34 RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS.....................................................................35 A. EliQibility..................................I............................................................. ....................._.....................................................35 B. Ben e rts................................................................................................................................................................................36 C. Suhsidies..............................................................................................................................................................................36 D. Medicare.............................................................................................................................................................................37 E. Cancellation........................................................................................................................................................................37 EXHIBIT F-VEHICLE USE/ASSIGNMENT........................................................................................................................39 EXHIBIT G-PHYSICAL EXAMINATION DESCRIPTION..............................................................................................40 0032770.01 iii 08/06/98 4:50 PM 98-61 MEO MOU MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION (Hereinafter called ORGANIZATION or MEd) PREAMBLE This Memorandum of Understanding is entered into by and between the City Of Huntington Beach, a Municipal Corporation of the State of California, herein called "City", and the Huntington Beach Management Employees' Organization, a California Organization, herein called "Association". WHEREAS, pursuant to California law, the City, acting by and through its designated representatives, duly appointed by the governing body of said city, and the representatives of the Association, a duly recognized employee association have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours, and other terms and conditions of employment for the period January 1, 1998 through December 31, 1999. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the Association, and WHEREAS, the representatives of the City and Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made, to become effective January 1, 1998, and it is agreed as follows. ARTICLE I - TERM OF MOU This Agreement shall be in effect for a period of two (2) years commencing January 1, 1998, and ending at midnight, December 31, 1999. ARTICLE 11 - REPRESENTATIONAL UNITICLASSIFICATIONS A. It is recognized that Association is the employee association which has the right to meet and confer in good faith with the City on the behalf of employees whose classifications are listed in Exhibit A, attached hereto and incorporated by reference herein. B. The City and the Association agree to implement for the term of this agreement the 0032770.01 -1- 08106/98 4:45 PM 98-61 MEO MOU following change to the Employee/Employer Relations Resolution and accordingly revise Section 7 of said resolution as described herein: The proposed change to the Employer-Employee Relations Resolution is as follows: 7.3 Personnel Director Motion of Unit Modification - The Personnel Director may propose, during the same period for filing a petition for decertification, that an established unit be modified in accordance with the following procedure: 1. The Personnel Director shall give written notice of the proposed modification(s), to any affected employee organization and any affected employees. 2. The Personnel Commission shall hold a meeting concerning the proposed modification(s) at which time all affected employee organizations and employees shall be heard; 3. Thereafter, the Personnel Commission shall determine the composition of the appropriate unit or units and shall give written notice of such determination to the affected employee organizations and any affected employees. The City Administrator, employee organization or employee aggrieved by an appropriate unit determination of the Personnel Commission may, within ten (10) days of notice thereof, request a review of such determination by the City Council. Within thirty (30) days of receipt of a request to review a unit determination of the Personnel Commission the City Council shall review the matter. The City Council's decision shall be final. 4. Except as provided otherwise in this MOU, the salary, benefit and working conditions specified by this MOU shall be provided to employees in classifications listed in Exhibit A and have completed or are in the process of completing a probationary period in a permanent position in the competitive service in which the employee regularly works twenty hours or more per week. ARTICLE III -ARTICLE NUMBER RESERVED ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT Except as otherwise expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits and terms and conditions of employment which have been established in prior Memoranda of Understanding, and/or provided for in the Personnel and Departmental Rules of the City of Huntington Beach. 0032770.01 2 08106/98 4:45 PM 98-61 MEO MOU ARTICLE V - 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 VI - SALARY SCHEDULE Employees shall be compensated at monthly salary rates by classification title and salary range during the term of this Agreement as set out in Exhibit A, attached hereto and incorporated herein. ARTICLE VII - SPECIAL PAY A. Educational Tuition: 1. Education costs shall be paid to employees on the basis of full refund for tuition, fees, books and supplies; provided, however, that maximum reimbursement shall be at the rates currently in effect in the University of California System or the California State Fire Academy. 2. Upon approval of the Department Head and the Deputy City Administrator, Administrative Services, employees may be compensated for actual cost of tuition, books, fees, at accredited educational institutions that charge higher rates than the University of California, if it can be demonstrated by the employee that said educational institutional presents the only accredited course or program within a reasonable commuting distance of the employee. 3. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and the Personnel Director. 4. Refunds shall be made when the employee presents proof to the Deputy City Administrator/Administrative Services that he/she has paid such costs and successfully completed the course. 0032770.01 3 08/06198 4:45 PM 98-61 MEO MOU B. Certification/Skill Pa Plan Checker/Building Senior -- To receive $250 per month upon attainment of a Civil Engineer's or Architect's license by the State of California and completion of the probationary period. (Qualifying employees that possess a Civil Engineer's license may use the title of Senior Engineer), ARTICLE Vill - UNIFORMS City agrees to provide uniforms to employees on active duty who are required to wear uniforms to the same extent as in the past. ARTICLE IX - HOURS OF WORKIOVERTIMEIADMINISTRATIVE LEAVE A. Overtime: Except for the provisions of paragraphs C and D below, employees represented herein shall not be eligible for paid overtime compensation. B. Administrative Leave: All unit employees except Fire Division and Battalion Chiefs shall be entitled to 40 hours of administrative leave per calendar year. In addition, the City shall establish a uniform method for granting compensatory time off for overtime but none shall be granted until an employee works 75 hours of overtime. Time off for Police Department fitness programs and flexible scheduling that is agreed to between the employee and Department Head are exempt from the 75 hour provision. C. Overtime/Time Off for Division Chiefs/Battalion Chiefs: Established past practices regarding compensatory time off and compensatory pay for Division Chiefs and Battalion Chiefs, as identified below, shall remain in effect for the duration of the MOU. 1. Division Chiefs and Battalion Chiefs may earn overtime or compensatory time off for hours worked in addition to their regular schedule. 2. Overtime is paid at the 40 hour straight time rate for each hour of overtime worked. 3. Compensatory time earned or taken shall be on an hour for hour basis and may be converted to cash at the 40 hour Division Chief or Battalion Chief straight time rate, whichever is appropriate. 4. Maximum accrual shall be 120 hours. D. Investigator: Employees in the City Attorney's office with the classification of "Investigator" shall continue to receive standby pay. 0032770.01 4 08/06/98 4:45 PM 98-61 MEO MOU ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS A. Health 1. Medical a. The City shall continue to provide group medical benefits to all employees with coverage and benefits comparable to the group medical plans currently in effect. b. The coverage and benefits provided under the City Health Plan shall be as set forth in the Plan Document revised January 1, 1995 and modified from time to time to comply with changes in law requirements or the City's stop- loss re-insurance and developments in medicine. The plan shall be modified effective October 1, 1998 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. 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, anesthesiologist and all pre-admission testing. 3) Elimination of Mandatory Second Surgeon's Opinion Procedures -- Due to advances in medical technology, the current Second Surgical Opinion list is outdated. The Plan shall require that 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 opinion. 4) Subsidized Retiree Medical -- Benefits to be paid at the rate of 90% for PPG's and 70% for non-PPG's. 2. Dental The City shall provide an indemnity dental insurance plan comparable to Delta Dental Plan (Group Policy #4729, Exhibit B) and a prepaid dental insurance plan comparable to the Delta Care Plan (Group Policy #4002, Exhibit B). 3. Optical The City shall provide a Vision Care Plan for employees and their dependents comparable to the group currently in effect. 0032770.01 5 08/06198 4:45 PM 98-61 MEO MOU B. Eligibility Criteria and Cost 1. City Paid Medical and Dental Insurance - Dependents The City will assume payment, subject to the limitations set forth in Article XA.b. for dependent health and dental insurance effective the first of the month following the month during which the employee completes one (1) year of full time continuous service with the City. 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. City's Contribution to Health Insurance Premiums a. Prior to June 1, 1998, the City's obligation to pay for medical insurance premiums shall be up to a maximum of Five Hundred and Forty-Four dollars ($544) a month. b. Employees Hired Prior to August 17, 1998 The City shall pay medical, dental and vision insurance premiums by category and plan as follows: as tic�nth�ly delta delta 1/SP Frei) uam City Plan .: Health Net:; PacifrCa.re= pentai ,> Care. << 5afieg and (V�sion}' ErnplQy�e prily $ 238.62 $ 153.26 $ 150.21 $ 34.59 $ 21.48 $ 18.56 $ 17.10 Employee f.One 477.26 335.53 329.14 66.07 36.51 33.41 17.10 Errrployee ', " - Fax�lly 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 August 17, 1998. 0032770.01 6 08106198 4:51 PM 98-61 MEO MOU c. Employees Hired On or After August 17, 1998 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, the City 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: d thly © I#a D fl Ita VSP f�re.MIU r� Dentaf . `, Care Safeguard' (UWarr E!M0. yee Only $ 34.59 $ 21.48 $ 18.56 $ 17.10 Ern pl�yee Qne 66.07 36.51 33.41 17.10 ern' loyee`'` * �a;mify 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 August 17, 1998. C. Life and Accidental Death and Dismemberment Each employee under age sixty-five (65) shall be provided with $45,000 accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at his or her own expense, to purchase an additional amount of life insurance in the amount of $25,000, $50,000 or $100,000. Evidence of insurability is contingent upon total participation in additional amounts. D. 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 employee may use accumulated sick leave, vacation pay, or the employee may elect to be in a non-pay status. Subsequent to the sixty (60) day waiting period, the employee will be covered by an insurance plan paid for by the City, providing 66 213 percent of the first $10,000 of the employee's basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age 65. 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 0032770V 7 08106/98 4:51 PM 98-61 MEO MOU fitted by reason of education, training or experience." Rehabilitation benefits are provided in the event the individual, due to disability, must engage in another occupation. Survivor's benefits continues plan payment for three (3) months beyond death. A co of the Ian is on file in the Administrative copy p dm nistrative Services Department. E. Miscellaneous 1. Cily Paid Premiums While on Medical Disabili When an employee is off work without pay for reason of medical disability, the City shall maintain the City paid employee's 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. 2. Insurance Benefits Advisory Committee The City and the Association agree to establish and participate in a city-wide joint labor and management insurance benefits advisory committee to discuss and study issues relating to insurance benefits available for employees. 3. Health Plan Over-Payments Unit members shall be responsible for accurately reporting the removal of ineligible dependents from health plan coverages. The City shall have the right to recover any premium paid by the City, including premiums to its self-insured plan, on behalf of ineligible dependents. Recovery of such over-payments shall be made as follows: a. Reduction of Employee's Bi-MonthlySala Warrant The employee's bi-monthly salary warrant shall be reduced by one-half of the amount of the bi-monthly over-payment, (e.g., if the over-payment is $150 a month, the bi-monthly contribution would be $75. The employee's bi-monthly salary payment shall be reduced by $37.50). Such reduction shall continue until the entire amount of the over-payment is recovered. b. Notice of Ineligible Dependents The City shall use its best efforts to advise all unit members of their obligation to report changes in the status of dependents which affect their eligibility. c. Twelve Month Recovery Period The City shall be entitled to recover a maximum of twelve (12) months of premium over-payments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. 4. Federal Health Plan In the event the Federal Government enacts a Federal Health Plan that includes public employees and becomes effective during the life of this agreement, the 0032770.01 8 08/06198 4:45 PM 98-61 MEO MOU parties agree to reopen the Health and Welfare Article and meet and confer regarding the impact of that plan implementation. These discussions shall include the possible applicability of an IRS 125 Plan to this situation. ARTICLE XI - RETIREMENT BENEFITS A. Benefits 1. Self Funded Supplemental Retirement Benefit Employees hired prior to August 17, 1998, are eligible for the Self Funded Supplemental Retirement Benefit which provides that: a. In the event a member elects Option #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member's death, the City obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this agreement. (Note: The options provide the allowance is payable to the member until his or her death, and then either the entire allowance (Option #2) or one-half of the allowance (Option #3) is paid to the beneficiary for life.) b. Employees hired on or after August 17, 1998, shall not be eligible for this benefit referenced in A.1.a. herein above. 2. Medical Insurance for Retirees a. Medical Insurance Upon Retirement 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 retiring after approval of this MOU may participate in the Retiree Medical Plan, attached hereto as Exhibit E, or either of the HMO Plans currently being offered to retirees, based upon the eligibility requirements described in Exhibit E. 0032770.01 9 08fOMS 4.45 PM 98-61 MEO MOU b. Premiums Paid Upon Retirement By Use of Unused Sick Leave Benefits Employees electing to participate in the City's group health insurance program after retirement may cause the premiums to be paid by the City out of any available funds due and owing them under the terms of this agreement for unused sick leave benefits upon retirement. B. Public Employees'_Retirement_System Reimbursement and Reporting 1. Employee's Contribution Each employee covered by this Agreement shall continue to be reimbursed once every two (2) weeks 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. 2. Rollover No unit employee shall be allowed to continue the rollover benefit provided in Article XI(B)(2) of the 1991/1993 MOU beyond January 31, 1994. C. Public Employees' Retirement System Level 3 Survivors Benefits The City shall contract with PERS to provide Level 3 Survivors Benefits. This benefit shall take effect when the contract amendment has been adopted by the City. ARTICLE XII - LEAVE BENEFITS A. Vacation 1. Annual Vacation Vacation leave 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. Vacation Allowance The maximum vacation accumulation shall be 400 hours. 3. Eligibility and Permission Vacation (and sick leave) accrued time are to be computed from hiring date anniversary. 0032770.01 10 08/06/98 4:45 PM 98-61 MEO MOU 4. Vacation - When Taken All accrued vacation may be taken after six (6) months of service. 5. Receipt of Vacation Pa Upon one (1) week's written notification to the Deputy City Administrator/Administrative Services, an employee represented herein shall be entitled to receive vacation pay, less deductions, in advance, prior to his regularly scheduled annual vacation. Such advancements are limited to one during each calendar year. 6. Conversion to Cash Once during each fiscal year, each employee shall have the option to convert into a cash payment or deferred compensation up to a total of eighty (80) hours of earned vacation benefits. The employee shall give two (2) weeks advance notice of his/her desire to exercise such option. B. Ho1�s The following are paid holidays: a. New Year's Day b. Martin Luther King Jr., (third Monday in January) C. Presidents Day (third Monday in February d. Memorial Day (last Monday in May) e. Independence Day (July 4) f. Labor Day (first Monday in September) g. Veteran's Day (November 11) h. Thanksgiving Day (fourth Thursday in November) I. The Friday after Thanksgiving j. Christmas Day (December 25) k. Any day declared by the President of the United States to be a national holiday and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Saturday shall be observed the preceding Friday, and those falling on Sunday shall be observed the following Monday. C. Sick Leave 1. Employees covered by this agreement and on the payroll on November 20, 1978 shall be entitled to the following sick leave payoff plan: 0032770.01 11 08/06198 4:45 PM 98-61 MEO MOU 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 720 hours of unused, accumulated sick leave, except as provided in paragraph 4 below. Upon termination for any other reason, employees shall be compensated at their then current rate of pay for fifty percent (50%) of all unused, accumulated sick leave, up to a maximum of 720 hours of such accumulated sick leave. 2. Employees hired after November 20, 1978 shall be entitled to the following sick leave payoff plan: 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 4 below. 3. Except as provided in paragraph 4 below, no employee shall be paid at termination for more than 720 hours of unused, accumulated sick leave. However, employees may utilize accumulated 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. 4. 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 1 and 2 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. 5. To the extent that any "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.) 6. Employees electing to participate in the City's group health insurance program after retirement may cause the premiums to be paid by the City out of any available funds due and owing them under the terms of this agreement for 0032770.01 12 08/06/98 4:45 PM 98-61 MEd MOU unused sick leave benefits upon retirement. Sick leave may be used for an absence due to the 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. D. Bereavement Leave 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 spouse, father, stepfather, mother, stepmother, sisters, brothers, stepsisters, stepbrothers, mother-in-law, father-in-law, children, stepchildren, and grandparents of the employee or spouse. ARTICLE XIII - CITY RULES A. Personnel Rules The Association agrees to meet and confer during the term of this agreement, when requested by the City, on modification and/or revision of the City Personnel Rules and/or Departmental Rules, B. Implementation of New Personnel„Rules The City and Association agree to implement the following rules and accordingly review the Personnel Rules as described herein: 1. Rule 5-14, Promotional Examinations Promotional examinations may be conducted whenever, in the opinion of the Personnel Director after consultation with the Department Head, the need of service so requires; provided, however, a promotional examination may not be given unless there are two (2) or more candidates eligible for each position to be filled. 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. 2. Rule 8-3, Layoff In Accordance with Length of Service. Determination of Length of Service. Professional, Scientific and Executive Classes Layoff shall be made in accordance with the relative length of the last period of continuous service of the employees in the class of layoff, provided, however, that no permanent employee shall be laid off until all temporary, acting and probationary employees in the competitive service holding positions in the same class in the same department are first laid off. Except as otherwise provided in this part, in determining length of service scores, one point shall be allowed for each complete month of full-time service in the class of layoff or demotion and in classes that, at the time notice of layoff is given, have the same or a higher 0032770.01 13 08/06/98 4:45 PM 98-61 MEO MOU maximum salary. One-half point shall be allowed for each complete month of full-time service in all other classes. 3. Rule 8-11, Re-Employment With the approval of the Personnel Director, an employee who has resigned in good standing from the competitive service may be re-employed to his/her former position, if vacant, or to a vacant position in the same or a comparable class within one (1) year from date of resignation in accordance with Rule 5-12. If such re-employment commences within ninety (90) days of the effective date of resignation, the employee shall not be considered a new employee for vacation and seniority purposes. 4. Rule 18-19, Maternity Leave A permanent employee shall be entitled to a leave of absence without pay due to inability to work due to pregnancy. The employee will be entitled to use available sick leave during this period. Said leave must be requested in writing from the Department Head and must include written notification from the employee's attending physician and must state the last date the employee may work and estimated duration of leave. The employee must obtain written authorization to return to work from the attending physician. Said authorization must be filed with the Department head and the Personnel Director. 5. Rule 18-20 Leave of Absence Without Pa Leave of Absence Without Pay, Sub-Section (c) Leave of absence without pay, for medical disability reasons, shall be restricted to six months. 6. Rule 19-5, Step 4 Grievance, City Administrator If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within five (5) days after the time the decision is rendered under Step 3 (of the Personnel Rules) 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. 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 0032770.01 14 08/06/98 4:45 PM 98-61 MEO MOU written decision and cause such to be served upon the employee or employee organization and the Personnel Director. 7. Rule 19-5, Step 5(b), Hearing As soon as practicable thereafter, the Personnel Director shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. The hearing officer shall hear the case and shall make recommended findings, conclusion and decision in the form of a written report and recommendation to the Personnel Commission. If the Personnel Commission agrees to hear the case in lieu of a hearing officer, its decision shall be final. 8. Rule 21-7, Hearing Officers The hearing officer provided for in Rules 19 and 20 shall be selected by mutual consent of the parties. If the parties are unable to agree upon a hearing officer, the Personnel Director shall select a hearing officer from a list provided by the Personnel Commission, The Personnel Director shall make the selection from the list on a rotation basis. 9. _Rule 21-12, Time. Extension of Upon written consent of the parties, the time limitation imposed upon procedures set forth in these rules may be extended a reasonable time. The City and the employee, or employee organization may, by mutual consent, extend the time periods within which an act must occur in the processing of grievances. 10. Rule 21-13, Time Extension, Grievances The City and the employee, or employee organization may, by mutual consent, extend the time periods within which an act must occur in the processing of grievances. 11. Grievances a. Representation In an effort to encourage the resolution of employee grievances at the level closest to their point of origin, and to further encourage an equitable handling of employee grievances, it is agreed that in any grievance proceeding the aggrieved employee may appear in person and/or by his representative or counsel. b. Procedure The City Administrator or his designee shall act as hearing officer and shall conduct all hearings and proceedings in non-disciplinary grievances pursuant to Step 4 of Rule 19 of the Personnel Rules of the City of Huntington Beach. 0032770.01 15 08/06198 4:45 PM 98-61 MEO MOU c. Arbitrator In lieu of the hearing noted in Personnel Rules 19 and 20, the City and the Association may, by mutual agreement, submit a grievance to a neutral arbitrator whose decision shall be final and binding on the parties. C. Rules Governing Layoff, Reduction In-Lieu of Layoff and Re-Employment 1. Part 1 - Layoff Procedures 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. 0032770.01 16 08/06/98 4:45 PM 98-61 MEO MOU 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 Layoff: 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 service credit whose position the employee has the necessary qualifications to perform. 1. 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. 2. If the employee refuses to accept a transfer or reduction pursuant to A. or B., above, the employee shall be laid off. 3. 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. 4. Any employee who takes a reduction to a position in a lower class within the occupational series in lieu of layoff shall be 0032770.01 17 08106/98 4:45 PM 98--61 MEO MOU placed on the reinstatement/reemployment list(s) pursuant to Part 3., Reemployment. d. Order of layoff: 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. e. Notification of Employees: 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) 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. 0032770.01 18 08/06/98 4:45 PM 98-61 MEO MOU 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 3., 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. 2. Part 2 - Being 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 0032770.01 19 08/06/98 4:45 PM 98-61 MEO MOU 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. Reinstatement/Reemployment 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 lower 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. 0032770.01 20 08/06198 4:45 PM 98-61 MEo MOU 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. 3. 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 HBMEO 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. 0032770.01 21 081=98 4:51 PM 98-61 MEO MOU 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 ARTICLE XIV - MISCELLANEOUS A. Physical Examination Employees covered by this agreement shall be provided, once every two years, with a city paid physical examination. Said exam shall be comprehensive in nature and shall include: 1. A complete medical history, physical exam, laboratory testing and review of results by a physician. (See Exhibit G, Physical Exam Description.) 2. A stress EKG will be provided for employees forty (40) years of age or older. No more than one-half of the eligible employees shall receive examinations in any one fiscal year. B. Vehicle Policy 1. The auto allowance for non-department heads shall be at least $350 per month. 0032770.01 22 08/06/98 4:45 PM 98-61 MEO MOU 2. The automobile allowance for non-department heads shall be $50 per month less than the automobile allowance for department heads during any month of this MOU. 3. The monthly automobile allowance for non-department heads shall not be reduced during the term of this agreement. 4. Eligibility for automobile allowance shall be determined in accordance with Exhibit F, Vehicle Use Policy. 0032770,01 23 08106198 4.45 PM 98-61 MEO MOU ARTICLE XV- CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect 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 17th day of -Auguste_ , 1998. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MANAGEMENT EMPLOYEES A Municipal Corporation ORGANIZATION By: By: Ray SWer Michael Mudd, President Gi A ni tr r By: By: Ro ert F anz Colleen Keith Deputy Ci Administrator By: ._ By: William H. Osness JVn Lamb Per onnel Director - 5" By- By. aniel Cassidy Paul Crost Chief NegotiatoR MEO Negotiator A PROVED AS TO FORM By: Gail Hutton City Attorney F-17-5� 0032770.01 -24- 08/06/98 12:16 PM 98-61 MEO MOU EXHIBIT A CITY OF HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION SALARY SCHEDULE EFFECTIVE JULY 1, 1998 Jots Code Classification Range A B C D E 0226 Accountant Principal 495 4463 4709 4967 5241 5529 1203 Arts Cultural Affairs Manager 498 4529 4778 5042 5319 5612 0246 Assistant Project Manager 481 4163 4392 4633 4888 5156 0204 Building Safety Director 550 5372 6194 6536 6895 7274 0210 City Engineer 578 6753 7124 7515 7930 8366 1209 Civil Engineer Associate 508 4764 5026 5302 5593 5900 1260 Civil Engineer Principal 523 5132 5414 5713 6026 6357 1255 Claims Supervisor 490 4350 4589 4842 5109 5390 1245 Contract Administrator 484 4227 4459 4704 4962 5234 1210 Criminalist Chief 538 5531 5836 6156 6494 6851 0265 Criminaiist Supervisor 504 4667 4924 5194 5480 5782 1249 Departmental Analyst Senior 475 4038 4260 4494 4742 5002 1235 Deputy Attorney 1 492 4395 4638 4893 5161 5446 1233 Deputy Attorney II 530 5314 5607 5915 6241 6584 1230 Deputy Attorney 111 557 6078 6413 6766 7139 7533 1208 Deputy City Engineer 550 5372 6194 6536 6895 7274 1250 Deputy City Treasurer Senior 530 5314 5607 5915 6241 6584 0223 Deputy Dir. Recreation Beach Development 553 5959 6286 6633 6999 7384 1264 Engineer Senior 501 4598 4851 5118 5399 5695 0290 Finance Director 560 6172 6512 6870 7248 7647 0231 Fire Battalion Chief 539 5560 5865 6188 6527 6886 0213 Fire Division Chief 560 6172 6512 6870 7248 7647 2203 Fire Med Coordinator 472 3979 4198 4428 4673 4929 2201 Fire Protection Analyst 489 4331 4569 4820 5085 5364 0205 Housing and Redevelopment Manager 539 5560 5865 6188 6527 6886 0247 Information Systems Manager 539 5560 5865 6188 6572 6886 1205 Information Systems Manager Public Safety 530 5314 5607 5915 6241 6584 0032770.01 -25- 08/06198 4:45 PM 98-61 MEO MOU EXHIBIT A Job Code Classification Range A B C D :E:j 1216 Inspection Manager 507 4738 4998 5274 5564 5870 1212 Inspector Electrical Chief 476 4057 4281 4517 4764 5026 1217 Inspector Plumbing/Mechanical Principal 476 4957 4281 4517 4764 5026 1214 Inspector Plumbing/Mechanical Chief 478 4099 4324 4562 4813 5079 1213 Inspector Stru ctu raVCo mbi nation Supervisor 486 4267 4501 4749 5011 5286 5210 Investigator 436 3326 3510 3702 3905 4120 3210 Landscape Architect 484 4227 4459 4704 4962 5234 1258 Law Office Manager 475 4038 4260 4494 4742 5002 1218 Librarian Senior 442 34425 3614 3813 4023 4244 1204 Library Services Manager 505 4690 4948 5220 5508 5811 0230 Maintenance Operations Manager 545 5726 6042 6375 6725 7094 0233 Marine Safety Captain 523 5132 5414 5713 6026 6357 1263 Permit and Plan Check Manager 529 5283 5579 5886 6210 6552 1266 Plan Checker Building Senior 501 4598 4851 5118 5399 5695 1211 Planner Associate 481 4163 4392 4633 4888 5156 0243 Planner Senior 507 4738 4998 5274 5564 5870 0206 Planning Director 563 6266 6610 5974 7358 7761 0203 Police Communications Manager 496 4487 4733 4993 5267 5557 0249 Project Manager 522 5108 5388 5685 5997 6326 1239 Purchasing Central Services Manager 502 4619 4874 5142 5425 5723 0262 Real Estate Services Director 539 5560 5865 6188 6527 6886 1257 Records Administrator 496 4487 4733 4993 5267 5557 0266 Recreation Supervisor Senior 488 4309 4546 4796 5059 5338 0286 Risk Manager 533 5394 5690 6004 6335 6683 0257 Superintendent Parks/Trees/Landscape 523 5132 5414 5713 6026 6357 0260 Superintendent Recreation/Human Services 523 5132 5414 5713 6026 6357 0264 Supervisor Beach Operations 501 4598 4851 5118 5399 5695 0272 Supervisor Building Maintenance 501 4598 4851 5118 5399 5695 0273 Supervisor Mechanical Maintenance 501 4598 4851 5118 5399 5695 2283 Supervisor Parking and Camping Facility 458 3711 3915 4130 4357 4596 0274 Supervisor Parks Maintenance 501 4598 4851 5118 5399 5695 0032770.01 26 08/06/98 4:45 PM 98-61. MEO MOU EXHIBIT A Job Code Classification I Range LA I B C I D 1:::E::] 0277 Supervisor St. Tree Landscape/Pest Control 501 4598 4851 5118 5399 5695 0275 Supervisor Street Sewer 501 4598 4851 5118 5399 5695 1237 Supervisor Systems and Programming 510 4810 5075 5354 5648 5959 0279 Supervisor Water Distribution 501 4598 4851 5118 5399 5695 0280 Supervisor Water Production 501 4598 4851 5118 5399 5695 0229 Systems Analyst Senior 482 4182 4413 4655 4912 5182 0237 Traffic Engineer 539 5560 5865 6188 6527 6886 0239 Traffic Engineer Associate 508 4764 5026 5302 5593 5900 0258 Water Operations Manager 564 6295 6642 7007 7392 7800 0032770.01 27 08/06198 4:45 PM 98-61 MEO MOU EXHIBIT B DELTA DENTAL PLAN BROCHURE A copy of the Delta Dental Plan Brochure may be obtained from the Personnel Division 0032770.01 -28- 08/06/98 4:45 PM 98-61 MEO MOU EXHIBIT C DELTA DENTAL CARE PLAN BROCHURE A copy of the Delta Care Plan Brochure may be obtained from the Personnel Division 0032770,01 29 08106/98 4:45 PM 98-61 MEO MOU EXHIBIT D EMPLOYEE HEALTH PLAN BROCHURE A copy of the Employee Health Plan Brochure may be obtained from the Insurance and Benefits Division 0032770.01 30 08/06198 4:45 PM 98-61 MEO MOU EXHIBIT E 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 retiree's 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 Medicare (whether or not such application is made) the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City's medical plans shall be governed by applicable plan document. 3. In the event the Federal Government or State 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 0032770.01 31 08/06/98 4:45 PM 98-61 MEO MOU 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 death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. SCHEDULE OF BENEFITS A. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement, eligibility for benefits begin 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. B. Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121. 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. C. Maximum Monthly Subsidy Payments - 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: 0032770.01 32 O8/06198 4:45 PM 98-61 MEo MOO Maximum Monthly Payment for Retirements After: Years of Service 10/1192 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 26 27 28 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. 0032770.01 33 08/06/98 4:45 PM 98-61 MEO MOU INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES' Benefitsl City Plan - Employees City Plan - Subsidized Non-Subsidized Retirees Retirees COBRA-eligibles Deductible per person $150 $200 Deductible per family $450 $500 Maximum Out of Pocket $1000 per person $1500 per person $2000 per family $3000 per family Note: Retirees who elect to participate in HealthNet or Family Health Plan (FHP) shall be entitled to benefits of the program chosen. ' This summary lists only those benefit 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_ 0032770.01 -34- 08/06/98 4:45 PM 98-61 MEO MOU RETIREE SUBSIDY MEDICAL PLANWISCELLANEOUS PROVISIONS A. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical 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 in-patient hospitalization coverage. 2) No major medical benefits 3) Annual deductible is $1,000 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: 0032770.01 -35- 08/06/98 4:45 PM 98-61 MEO MOU 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 the 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. 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. B. Benefits- 1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN), 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. C. 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. 0032770.01 36 08/06/98 4:45 PM 98-61 MEO MOU 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 and PMA. July 1, 198$: Non-Represented. Retirees who retire prior to the above dates are not eligible for any subsidy benefit. D. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. in all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both 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. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: 0032770.01 37 08106/98 4:45 PM 9s-61 MEO MOU 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 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 matte 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. 0032770.01 38 08/06/98 4:51 PM 98-61 MEO MOU EXHIBIT F VEHICLE USE ASSIGNMENT ADMINISTRATIVE REGULATION See Administrative Regulations Pages Fallowing this Exhibit Header Page 0032770.01 39 08/06/98 4:45 PM 98-61 MEO MOU EXHIBIT G PHYSICAL EXAMINATION DESCRIPTION I. Complete Health History II. Complete Physical Examination by Physician III. Computer Printout: A_ Physiological Tests- 1. Temperature 2. Height 3. Weight 4. Vision 5. Audiometry (Hearing Screening) 6. Blood Pressure 7. Pulse 8. Chest X-Ray 9. EKG 10. History 11. Tonometry (Glaucoma) for patients 35 and over. 12. Spirometry (Breathing) B. Laboratory Tests: 1. Blood Chemistry Screening Tests: SGPT Triglycerides SGOT Glucose Fasting LDH BUN Alk. Phosphatase Creatinine Total Bilirubin Uric Acid Total Protein Calcium Albumin-Serum Inorganic Phosphate Globulin Sodium Cholesterol Postassium 2. Complete Blood Count 3. Urinalysis 4. Stool Test for Blood 5. RPR 6. Pap Smear on Females 7. HDL IV. Examination Findings: A. Consultation with Physician B. Written Report of Findings 0032770.01 40 08/06/98 4:45 PM Res. No. 98-61 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 17th day of August, 1998 by the following vote: AYES: Julien, Green, Dettloff, Bauer, Garofalo NOES: Sullivan, Harman ABSENT: None 4w.;, City Clerk and ex-officio Clerk of the � 58 City Council of the City of Huntington Beach, California G/resol utUresbkpg147-80