HomeMy WebLinkAboutCity Council - 98-84 RESOLUTION NO. 98-84
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN
THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION
AND
THE CITY OF HUNTINGTON BEACH FOR 10/1/97 - 9/30/99
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 Marine Safety Officers' Association (MSOA), 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 October 1, 1997 through
September 30, 1999.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nd day of November , 1998.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk arCity Attorney
�
REVIEWED AND APPROVED: APPROVED:
City A ministrator eputy Cit, A inistrator/
"")Administra ive Services
SF-98ResoI:MS0A1020
10/23/98-#1
�j4
MSOA MOU
TABLE OF CONTENTS
PREAMBLE..................................................................................................................................................................................I
ARTICLEI-TERM OF MOU...................................................................................................................................................1
ARTICLE II-REPRESENTATIONAL UNIT/CLASSIFICATIONS....................................................................................2
ARTICLE,III-MANAGEMENT RIGHTS...............................................................................................................................2
ARTICLE IV-EXISTING CONDITIONS OF EMPLOYMENT...........................................................................................2
ARTICLEV-SALARY SCHEDULE........................................................................................................................................2
ARTICLEVI-SPECIAL PAY...................................................................................................................................................3
A. EDUCATIONAL TUITION....................................................................................................................................................3
B. ACTING ASSIGNMENT.......................................................................................................................................................4
C. ASSIGNMENT PAY.............................................................................................................................................................4
D. HOLIDAY PAY-IN-LIEu.....................................................................................................................................................4
E. BILINGUAL SKILL..............................................................................................................................................................4
ARTICLE VII-UNIFORMS,CLOTHING,TOOLS AND EQUIPMENT............................................................................4
ARTICLE VIII-HOURS OF WORK/OVERTIME.................................................................................................................4
A. HOURS OF WORK DEFINED................ ....4
B. OVERTIME/COMPENSATORY TIME....................................................................................................................................5
C. SHIFT EXCHANGE............................................ ........................5
ARTICLE IX-HEALTH AND OTHER INSURANCE BENEFITS.......................................................................................5
A. MEDICAL..........................................................................................................................................................................5
a. Health Premiums......................................... ..................................................................................................................................6
b. Health Insurance Caps....................................................................................................................................................................6
C. Employee Paid Premiums....—.—....................................................................................................................................................6
d. Two-Tier Health Premium..............................................................................................................................................................6
C. Dependent Health Coverage................... .................................................................... .. .............................................................6
f. Medical Plan Changes Effective_September 1, 1998......................................................................................................................6
g. Plan Deductibles.............................................................................................................................................................................7
h. Chiropractic Services....................................................-................................................................................................................7
ARTICLEX-RETIREMENT....................................................................................................................................................8
A. BENEFITS.............................................................................................................. ...................8
. . . ..................................
B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING..............................................................9
ARTICLEXI-LEAVE BENEFITS.........................................................................................................................................10
A. VACATION.......................................................................................................................................................................10
B. SICK LEAVE....................................................................................................................................................................I I
C. FAMILY SICK LEAVE.......................................................................................................................................................11
D. BEREAVEMENT LEAVE.................................................... .......................11
.........................................................................
ARTICLEXII-CITY RULES..................................................................................................................................................11
ARTICLE XIII-MISCELLANEOUS......................................................................................................................................12
A. SALARY UPON APPOINTMENT.........................................................................................................................................12
B. PRystCAL ExAMINATIONS .............................................................................................................................12
C. CONDITIONING TIME.......................................................................................................................................................12
ARTICLE XIV-CITY COUNCIL APPROVAL....................................................................................................................13
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TABLE OF CONTENTS
EXHIBIT A-MSOA SALARY SCHEDULE..........................................................................................................................14
EXHIBIT B-DELTA CARE DENTAL BROCHURE ...........................................................................................................15
EXHIBIT C-DELTA DENTAL PLAN BROCHURE............................................................................................................16
EXHIBIT D-RETIREE MEDICAL PLAN.............................................................................................................................17
RETIREESUBSIDY MEDICAL PLAN..................................................................................................................................17
SCHEDULEOF BENEFITS.....................................................................................................................................................18
A. Minimum fligibi&E orBenerts...............................................................................................................................18
B. Disability.Retirees.....................................................................................................................................................18
C. Maximum Monthly Subsidy Payments.......................................................................................................................18
INDEMNITY HEALTH PLAN,EMPLOYEES/RETIREES'........................ ....................20
....................................................
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS.....................................................................20
A. Eli iQ bility............................................................. .....................................................................................................20
B. Benefits......................................................................................................................................................................22
CSubsidies....................................................................................................................................................................22
D. Medicare.............. ......................................................................................................... .............................23
E. Cancellation..............................................................................................................................................................23
EXHIBIT E-PERSONNEL RULE CHANGE.........................................................................................................................25
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Res. 0410 �e
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION
(Hereinafter called ORGANIZATION or MSOA)
PREAMBLE
WHEREAS, pursuant to California law, the City, acting by and through its designated
representatives, duly appointed by the governing body of said city, and the representatives
of the Association, a duly recognized employee association have met and conferred in good
faith and have fully communicated and exchanged information concerning wages, hours,
and other terms and conditions of.
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
October 1, 1997, and it is agreed as follows:
ARTICLE I - TERM OF MOU
This Memorandum of Understanding shall be in effect for a term commencing on
October 1, 1997 and ending at midnight on September 30, 1999. No further improvements
or changes in the salaries and monetary benefits of the employees represented by the
Association shall take effect during the term of this agreement and the Association expressly
waives any right to request any improvements or changes in salaries or monetary benefits
for the employees represented by the Association which would take effect prior to
October 1, 1999, and the City of Huntington Beach, through its representatives, shall not be
required to meet and confer as to any such request.
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ARTICLE 11 - REPRESENTATIONAL UNITICLASSIFICATIONS
It is recognized that the Marine Safety Officers' Association is the employee organization
which has the right to meet and confer in good faith with the City on behalf of the employees
of the Huntington Beach Community Services Department within the following classification
and assignment titles:
Marine Safety Lieutenant
Marine Safety Officer/Boat Operator
Marine Safety Officer
ARTICLE III - MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the City retains all rights, powers and
authority with respect to the management and direction of the performance of marine safety
services and the work forces performing such services, provided that nothing herein shall
change the City's obligation to meet and confer as to the effects of any such management
decision upon wages, hours and terms and conditions of employment or be construed as
granting the Director or the City the right to make unilateral changes in wages, hours, and
terms and conditions of employment. Such rights include, but are not limited to,
consideration of the merits, necessity, level or organization of City services, including
establishing manning requirements, overtime assignments, number and location of work
stations, nature of work to be performed, contracting for any work or operation, reasonable
employee performance standards, including reasonable work and safety rules and
regulations in order to maintain the efficiency and economy desirable for the performance of
City services. The parties agree to meet and confer during the term of this agreement on
revisions, changes, modifications and additions to the Personnel Rules and/or Department
Rules when requested by City.
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 between City and the
Association.
ARTICLE V - SALARY SCHEDULE
Classification and Salary Rates -- Employees shall be compensated at monthly salary rates
by classification title and salary range during the term of this agreement as set out in
Exhibit A attached hereto and incorporated herein.
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ARTICLE VI - SPECIAL PAY
A. Educational Tuition:
1. Criteria -- .The existing Marine Safety Officers' Education Incentive Plan shall be
maintained as follows:
Education Maximum Continuing Education
Incentive College Training Years of College Units Monthly
Level Units Points Service Required Annually Amount
1 30 10 1 6 $ 50
2 60 20 2 3 75
3 90 30 2 3 100
4 120 3 3 150
5 150 4 0 150
2. Stipulations:
a. College major shall be Marine Science, Police Science, Business
Administration, Oceanography, and Fire Science.
b. Initial eligibility must be approved by the Director of Community Services.
An acceptable yearly performance evaluation, signed by the Director of
Community Services is required. No incentive. pay taken away without just
cause.
c. Training points approved by the Director may be substituted for college
units, on the following schedule: 10 of 30; 20 of 60; 30 of 90. Each twenty
hours completed of approved seminars, institutes, etc., are credited with one
training point.
d. Pay to be effective on the first of each month following approval.
e. After 120 units or B.A., approved training points may be substituted for
college units without limit.
f. Repeat college course credited as determined by the college.
g. Repeat approved seminars, institutes, etc., credited as determined by the
Director of Community Services.
h. All college units require grade of"C" or better to qualify.
i. Obtaining transcripts or other acceptable documentation is each employee's
responsibility.
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j. Employee may choose between approved training points or college units
where a choice is available. No change allowed once choice is made, no
double credit allowed.
B. Acting Assignment: 1. Permanent employee shall receive additional compensation
for hours worked in the higher level assignment, beginning with the first full shift of
work, at the rate of twelve and one-half percent (12 1/2%) of the employee's regular
hourly rate. 2. When formally assigned to perform in the absence of the Operations
Lieutenant due to vacation, compensatory time off, sick leave and training; permanent
unit employees shall be compensated for each full hour worked at the rate specified
in Paragraph 131 above.
C. Assignment Pay: Each Marine Safety Officer assigned to duty as a boat operator
(Marine Safety Officer/Boat Operator) shall receive pay as set forth in Exhibit A.
Assignment as Marine Safety Officer/Boat Operator is normally for a period of seven
months per year, at the discretion of the Director of Community Services and
assignment as the relief Marine Safety Officer/Boat Operator is normally for a period
of five months per year.
D. Holiday Pay-In-Lieu: Employees represented by the Association and actively
employed by the City, in addition to regular compensation, shall receive each month
1/12 of the total holiday hours (80) earned for the year. They shall be entitled to an
additional eight hours of pay at their regular rate for any day declared by the
President of the United States to be a national holiday, or any day declared by the
Governor of the State of California to be a state holiday, if such day is adopted by the
City Council of the City of Huntington Beach as a special holiday for City employees
(i.e., day of mourning).
E. Bilingual Skill: Permanent employees who are required by their Department
Head to use their bilingual abilities, as part of their job assignment shall be paid an
additional five percent (5%) over their regular monthly salary. Employees who are
required by their Department Head to utilize the bilingual skills may be required to be
tested and certified by the Personnel Director as to their language proficiency in order
to be eligible for said compensation.
ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
The City shall continue the existing practice of providing and replacing uniforms and safety
equipment.
ARTICLE VIII - HOURS OF WORK/OVERTIME
A. Hours of Work Defined: For purposes of this article, approved vacation time, sick
leave and compensation time shall count as hours worked.
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B. Overtime/Compensatory Time:
1.. Paid Overtime -- Employees shall receive time and one half their salary rate for
all time worked in excess of forty (40) hours during any given payroll week.
2. Compensatory Time -- Employees may elect to receive compensatory time off
(to be accrued to a maximum of 120 hours) in lieu of such overtime pay.
3. Court Time:
a. Court Standby -- Employees required to be on standby for a court
appearance during other than their scheduled working hours shall receive a
minimum of two (2) hours straight time pay (including differentials) for both
morning and afternoon court sessions.
b. Court Appearance -- Employees required to appear in court during other
than their scheduled working hours shall receive a minimum of three (3)
hours pay (including differentials) at time and one half.
4. Holidays Worked -- Employees who work on a recognized City holiday shall be
compensated at time and one-half of their base pay for hours worked.
C. Shift Exchange: The Department shall allow employees to exchange work
schedules and shifts among those of equal rank and ability, providing prior approval
is obtained from the Department Director and the payback of the shift exchange is
completed within sixty (60) calendar days.
ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS
A. Medical:
1. Medical:
a. The City shall continue to provide group medical benefits to all employees
with coverage and other benefits comparable to the group medical plan
currently in effect.
2. Dental -- Employees shall continue to be covered by dental plan benefits equal
to those currently being provided by the City as modified in Exhibit B and C.
The Delta Plan shall include a twenty-five ($25) deductible per person per year.
3. Optical -- The optical plan benefits will provide for one (1) pair of eyeglasses
every twelve (12) months, subject to the terms and conditions of the current
policy,
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4. Eligibility Criteria and Cost:
a. Health Premiums -- The City's 1998 contribution toward health costs to be
effective September 1, 1998.
b. Health Insurance Caps -- The City "caps" its contribution toward employee
monthly health insurance premiums by category and plan at the rate
effective January 1, 1999, for the year ending December 31, 1999:
Monthly VSP
Premiums City Plan HealthNet PacifiCare Delta Dental Delta Care Safeguard (Vision)
Employee
Only $260.00 $170.13 $157.95 $39.01 $28.48 $16.20 $17.58
Employee+
One 526.00 372.47 346.09 74.52 36.51 29.16 17.58
Employee+
Family 644.00 489.54 456.16 105.86 55.83 37.22 17.58
c. Employee Paid Premiums -- Employees hired prior to adoption date, the City
shall pay medical, dental and vision premiums subject to 4a and 4b above.
d. Two-Tier Health Premium -- Employees hired on or after the adoption date
of this agreement, the City's contribution toward medical insurance shall be
at the highest HMO rate of (1) employee only, (2) employee + one, or (3)
employee + family.
e. Dependent Health Coverage -- The City will assume payment for dependent
health insurance, subject to paragraph 4d above, 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.
f. Medical Plan Changes Effective September 1 1998:
1) Prescription Program -- Employee shall be required to obtain the
generic drug, if available, unless the physician specifically prescribes a
brand name drug. If the physician does not authorize a generic
substitution, the employee is responsible only for the higher co-payment
cost. If the employee requests the brand name drug, he/she will pay
the difference between the generic and the brand name cost in addition
to the co-payment cost.
2) Outpatient Surgery - The plan will pay ninety percent (90%) for PPO
providers and seventy percent (70%) for non-PPO providers of
allowable, usual, customary and reasonable charges after the annual
deductible has been met. This applies to outpatient surgical facilities,
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outpatient services in a hospital, surgeons, anesthesiologist and all pre-
admission testing.
3) Elective Surgeries - Due to advances in medical technology, the current
Second Surgical Opinion 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. 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 of
allowable, usual, customary and reasonable charges after the annual
deductible has been met.
g. Plan Deductibles - The Medical Insurance Plan deductible shall be One
Hundred Fifty Dollars ($150) per person; and the maximum deductible per
family shall be Four Hundred Fifty Dollars ($450) during any period of
benefit entitlement as described in the City's Employee Health Plan.
h. Chiropractic Services - Chiropractic limits are provided under major medical
to a maximum of 24 treatments or $2,000 per year.
B. Life Insurance:
City will provide $10,000 of term life insurance without evidence of insurability other
than evidence of working a full time duty at City cost. Optional insurance is available
at the employee's own cost.
C. Accidental Death and Dismemberment Insurance:
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1. The existing long-term disability program provided employees by the City shall
remain in effect. This program provides for each incident of illness or injury, pay
up to sixty (60) calendar days at the employee's salary rate (excluding overtime
but including any special pay in effect at the time of illness of injury). After the
sixty (60) calendar day period, the employee will be covered by an insurance
plan paid for by the City which will provide 66 2/3% of the employee's salary rate
(excluding overtime and any special pay) up to a maximum of $10,000 a month
in accordance with the following:
Disability Due to Disability Due to
Accident Illness
First 60 Days Regular Pay Regular Pay
Next 24 Months 66 2/3% of Base Pay 66 213% of Base Pay
To age 65 66 213% of Base Pay I None
Days and months refer to calendar days and months.
2. Plan integrated with Worker's Compensation, Social Security and other non-private
program benefits to which entitled.
3. Disability is defined as the inability to perform all of the duties of regular occupation
during two (2) years and thereafter the inability to engage in any employment or
occupation for which he is fitted by reason of education, training or experience.
4. Rehabilitation benefits are provided in the event the individual, due to disability, must
engage in other occupation. Plan will provide 66 213% of difference between regular
pay and pay of other occupation.
5. Survivors' benefit continues plan payment for three (3) months beyond death.
6. The terms and conditions of the disability insurance coverage are set forth in the
policy, a copy of which is on file in the Personnel Division of the Administrative
Services Department. In the event of any conflict between the policy and this article,
the policy shall control. The City may change insurance companies, policies, or self-
insure this benefit, provided that the plans shall remain comparable to that currently in
effect.
ARTICLE X - RETIREMENT
A. Benefits:
1. Public Employees' Retirement System: The City will provide, for all employees
represented by the Association whose retirement is effective or whose death
occurs after July 1, 1978, Public Employees' Retirement System retirement
benefits computed by utilizing the two percent (2%) at age fifty (50) formula
commonly referred to as the California Highway Patrol Retirement Plan.
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2. Self-Funded Supplemental Retirement Benefit: In the event a member elects
Option #2 (Section 21333) or Option #3 (Section 21334) of the Public
Employees' Retirement Law, and the member is a unit employee who was hired
before the adoption of this MOU, the City shall pay the difference between such
elected option and the unmodified allowance which the member would have
received for his or her lift alone. This payment shall be made only to the
member, shall be payable by the City during the life of the member, and upon
that member's death, the City's obligation shall cease. The method of funding
this benefit shall be at the sole discretion of the City. This benefit is vested for
employees covered by this agreement. All unit employees hired after the
adoption of this MOU shall not be eligible for this benefit. (Note: The options
provide that the allowance is payable to the member until his or her death, and
then either the entire allowance (Option #2), or one-half of the allowance
(Option #3) is paid to the beneficiary for life).
3. Medical Insurance for Retirees:
a. Upon retirement (whether service or disability) each employee shall have
the following options in regards to medical insurance under City sponsored
plans.-
1) With no change in benefits, retirees can stay in the City's Employee
Health Plan or an HMO plan offered by the City at the retiree's own
expense for the maximum time period required by Federal Law
(COBRA), or
2) Employees retiring after approval of this MOU may participate in the
Retiree Medical Plan described in Exhibit C.
3) Employees who have been placed on industrial disability retirement
subsequent to January 31, 1974 shall be eligible to continue to
participate in the existing group medical benefit plan at their own cost.
Participation shall cease upon the earliest of the following:
a) The expiration of three (3) calendar years following the date of the
industrial disability retirement, and
b) The retiree obtaining eligibility for coverage under a comparable
medical plan. Retirees who cease to participate may exercise any
conversion privileges then in existence.
B. Public Employees' Retirement System Reimbursement and Reporting:
Employees' Contribution: Each employee covered by this agreement shall be
reimbursed an amount equal to 9% of the employee's base salary plus
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education incentive pay as pickup of a portion of each employee's PERS
contribution. The above PERS pickup is not base salary but is done pursuant to
Section 414(h)(2) of the Internal Revenue Code.
ARTICLE XI - LEAVE BENEFITS
A. Vacation:
The purpose of annual vacation is to provide a rest period which will enable each
employee to return to work physically and mentally refreshed.
1. Accrual: Permanent employees in City service, having an average work week of
forty (40) hours, shall accrue annual vacations with pay in accordance with the
following:
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:
a. All employees shall be entitled to annual vacation with pay except under the
following circumstances:
1) Employees who have not completed six (6) months continuous service
with the City.
2) Employees who work less than full-time.
3) Employees on leave of absence.
b. For the purpose of computing vacation, an employee's anniversary date
shall be the most recent date on which he commenced full-time City
employment.
c. No vacation may be taken until the completion of six (6) months of service.
Permanent, part-time employees assigned a work schedule of less than 30
and more than 20 hours per week shall receive vacation in one-half the
amounts set forth above. Employees assigned to a work week of less tan
40 and more than 30 hours per week shall receive vacation in three-fourths
the amounts set forth above.
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d. No employee shall be permitted to take a vacation in excess of actual time
earned and vacation shall not be accrued in excess of 320 hours. Vacations
shall be taken only with permission of the department head; however, the
department head shall schedule all vacations with due consideration for the
wish of the employee and particular regard for the need of the department.
3. Conversion to Cash -- An employee may elect to take up to 80 hours of pay per
fiscal year for accrued vacation in lieu of time off. It is the intent of the parties
that employees will take vacation during the fiscal year.
a. Cash Advance -- Upon two week written notification to the Director of
Finance, each employee shall be entitled to receive his earned vacation
pay, less deductions, in advance, prior to his regular scheduled annual
vacation. Such advancements are limited to one during each employee's
anniversary year.
b. Pay-Off at Termination -- No employee shall be paid for unused vacation
other than upon termination of employment at which time such terminating
employee shall receive compensation at his current salary rate for all
unused, earned vacation to which he is entitled up to and including the
effective date of his termination.
B. Sick Leave:
As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff
upon termination and no additional time will be accumulated. Salary continuation for
approved sick leave is covered under Article IX.D above.
C. Family Sick Leave:
Sick leave may be used for an absence due to illness of the employee's spouse or
child when the 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 instance of death in the immediate family. Immediate
family is defined as father, mother, sister, brother, spouse, children, stepfather,
stepmother, stepsisters, stepbrothers, mother-in-law, father-in-law or stepchildren.
ARTICLE XII - CITY RULES
The City and the Association agree to implement the rule changes and accordingly revise
the Personnel Rules as described in Exhibit E.
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ARTICLE XIII - MISCELLANEOUS
A. Salary Upon Appointment:
When an appointment of a recurrent lifeguard to the classification of Marine Safety
Officer occurs, the salary step upon appointment shall be determined in the same
manner as salary step upon promotions under the City's Personnel Rules.
B. Physical Examinations:
The City agrees to pay for bi-annual physical examinations, to include stress EKG,
when authorized by the Department Head, with the understanding that results thereof
may be utilized for corrective action and the determination of the employee's
continued ability to perform duties of the position. A copy of the physical examination
shall be provided to the employee upon his request.
C. Conditioning Time:
Unit employees may be allowed up to one hour on each regularly scheduled shift to
be used for physical conditioning.
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ARTICLE XIV - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted 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 4ti day of November , 1998.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSN.
A Municipal Corporation
By-, B Y:
Y C
Ray ver i Kai Weisser, President
' y)7Ad tratar
'y f
By: ; By:
Rob rt J. Fran Mike Baumga ner
Deputy City A strator
By: . -a= By. Y
; -
William H. Osness Matt Karl'
Pe nnel Dir ctor
By: By:
aniel Cassidy 4rk Reid
Chief Negotiator MSOA Representative
APPROVED AS TO FORM
By. 4 1-C
Gail Huttor}*-5g
City Attorney
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Res. No.
MSOA MOU
EXHIBIT A
CITY OF HUNTINGTON BEACH
MARINE SAFETY OFFICERS' ASSOCIATION SALARY SCHEDULE
EFFECTIVE SEPTEMBER 1, 1998
Jab Code I Classification Range A B C D E
4532 Marine Safety Officer 438 3359 3545 3739 3945 4162
4534 Marine Safety Officer/Boat Operator 463 3803 4013 4233 4465 4711
1560 Marine Safety Lieutenant 485 4247 4481 4727 4987 5261
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EXHIBIT B
DELTA CARE DENTAL PLAN BROCHURE
A copy of the Delta Dental Plan Brochure
may be obtained from the
Personnel Division
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EXHIBIT C
DELTA DENTAL DENTAL PLAN BROCHURE
A copy of the Delta Care Plan Brochure
may be obtained from the
Personnel Division
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EXHIBIT D
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 (1 0) 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
0032946.01 17 10121/98 4:35I PM
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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 Eli-gibilily 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:
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Maximum Monthly Payment
for Retirements After:
Years of Service 1011/92
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
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.
0032946.01 19 10121/98 4:35 PM
eas. 4. qw_
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INDEMNITY HEALTH PLAN, EMPLOYEESIRETIREES'
BenefEtsl 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 Health Net or Family Health Plan (FHP) shall be
entitled to benefits of the program chosen.
RETIREE SUBSIDY MEDICAL PLANIMISCELLANEOUS 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:
t 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.
0032946.01 -20- 10/21198 4:35 PM
nnSOA MOO
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 $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the "other" medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under B above.
c. Miscellaneous Provisions-
1. Benefits provided under the Retiree Subsidy Medical Plan will
be coordinated with the "other" medical plan as the primary
carrier.
2. The City shall have the right to require any retiree to provide a
copy of the "other" medical plan policy for review by the
Risk Manager.
5. When a retiree becomes eligible for the other group coverage and then
becomes no longer eligible, he/she may have the subsidy reinstated and
regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree Subsidy
Medical Plan or they may choose to exercise COBRA rights along with the
retiree.
7. When a retiree becomes 65 and has eligible dependents under 65, said
dependents are eligible to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not
covered.
0032946.01 21 10/21/98 4:35 PM
Res . NO 994$ 11
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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. Health Net.
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 and PMA.
July 1, 1988: Non-Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
0032946.01 22 10/21/98 4:35 PM
Res. NO. 9g- 'T
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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:
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 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.
0032946.01 23 10121/98 4:35 PM
Res. A)
I ISOA MOU
I 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.
0032946.01 24 10121/98 4:35 PM
Res. A/o. 986'8 j
MSOA MOU
EXHIBIT E
A. 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 the 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.
B. Rule 5-20 -- Duration of Employment Lists -- Employment lists shall remain in effect
for one (1) year from the date of the last examination, unless sooner exhausted. Closed
promotional lists and entry level employment lists may be extended prior to expiration
date by the Personnel Director when requested by the Department Head, for additional
periods but in no event shall an employment list remain in effect for more than two (2)
years. Names placed on entry-level lists shall be merged with others already on the list
in order of scores.
C. 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 higher
maximum salary. One-half point shall be allowed for each complete month of full-time
service in all other classes.
D. Rule 8-11 -- Re-employment -- With the approval of the Personnel Director, an
employee who has resigned in good standing from the competitive service may be re-
employed to his former position, if vacant, or to a vacant position in the same or
comparable class within one (1) year from date of resignation in accordance with Rule 5-
21. If such re-employment commences within ninety days of the effective date of
resignation, the employee shall not be considered a new employee for vacation and
seniority purposes.
E. Rule 18-19 -- Maternity Leave -- A permanent employee shall be entitled to a leave of
absence without pay due to inability to work due to pregnancy. The employee will be
entitled to use available sick leave during this period. Said leave must be requested in
writing from the department head and must include written notification from the
0032946.01 25 10/21/98 4:35 PM
Aec. 4,creq}
MSOA MOU
employee's physician stating the last day the employee may work and estimated duration
of leave. The employee must obtain written authorization to return to work from the
attending physician. Said authorization must be filed with the Department Head and the
Personnel Director.
F. Rule 19-5 -- Step 4 City Administrator -- If the grievance is not settled under Step 3,.
the grievance may be presented to the City Administrator in accordance with the
following procedure; within fifteen (15) days after the time the decision is rendered under
Step 3 above, a written statement of the grievance shall be filed with the Personnel
Director who shall act as hearing officer and shall set the matter for hearing within fifteen
(15) days thereafter and shall cause notice to be served upon all interested parties.
The Personnel Director, or his representative, shall hear the matter de novo and shall
make recommended findings, conclusions and 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, at his/her discretion, receive additional evidence or
argument by setting the matter for hearing within ten (1 Q) days following his/her receipt of
such report and causing notice of such hearing to be served upon the employee,
employee organizations and the Personnel Director.
Within five (5) days after receipt of the Personnel Director's report, or the hearing
provided for above, if such hearing is set by the City Administrator, the City Administrator
shall make written decision and cause such to be served upon the employee or
employee organization and the Personnel Director.
G. Rule 19-5(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 approved by the Personnel Commission. Ratification of the
hearing officer selected by mutual consent of the parties, if from a list approved by the
Personnel Commission shall not require separate approval or ratification by the
Personnel Commission. The hearing officer shall hear the case and make recommended
findings, conclusions and decision in the form of a written report and recommendation to
the Personnel Commission. In lieu of the hearing officer process, the Personnel
Commission may agree to hear a care directly upon submission of the case by mutual
consent of the parties.
H. Rule 21-7 -- Hearing Officer -- The hearing officer provided for in Rules 19 and 24 shall
be from a list provided by the Personnel Commission or one selected by mutual consent
of the parties.
I. Rule 21-12 -- Time. Extension of -- Upon written consent of the parties, the time
limitation imposed upon procedures set forth in these rules may be extended a
reasonable time. The City and the employee, or employee organization may, by mutual
consent, extend the time periods within which an act must occur in the processing of
grievances.
0032946.01 26 10/21/98 4:35 PM
Res. No. 98-84
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 2nd day of Novemher, 1998 by the
following vote:
AYES: Harman, Green, Dettloff, Bauer, Garofalo
NOES: Sullivan
ABSENT: Julien
City Clerk and ex-officin rk of the
City Council of the City of Huntington
Beach, California