HomeMy WebLinkAboutCity Council - 99-92 RESOLUTION NO. 9 9-9 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH
FIREFIGHTER'S ASSOCIATION (FA)
AND
THE CITY OF HUNTINGTON BEACH FOR 10/l/97 9/30/2000
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 Firefighter's Association ("FA"), 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, 2000.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of October , 1999.
Mayor
ATTEST: APPROVED AS TO FORM:
C,�cG
City Clerk �°� /� Cy A ����
REVIEWED AND APPROVED: INITIATED AND APPROVED:
i/ I
City Adniffiistrator Diftor of Administrative Services
RM/sMheeler:FA2000
RLS 99-576
8/25/99
Res. 99-92
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TABLE OF CONTENTS
ARTICLE I-REPRESENTATIONAL UNIT/CLASSIFICATIONS.................................................................................1
ARTICLE II—EXISTING CONDITIONS OF EMPLOYMENT......................................................................................I
ARTICLEIII-SEVERABILITY........................................................................................................................................2
ARTICLEIV—SALARY SCHEDULES.............................................................................................................................2
ARTICLEV—SPECIAL PAY.............................................................................................................................................2
A. EDUCATION........................................................... .....................,..,..,................._.._.............................2
1. Incentive Plan......................................................................................................................................................2
a. Level ..............................--.................................................................................................................................................2
b. LevelIl..................................................................................................................................................................................2
d. Degree Majors......................................................--.............................................................................................................3
e. Education Committee.............................................................................................................................................................3
f, Effective Date...........................................---......................................................................................................................3
f. Previous Benefits..........................................--.....--...................................................................................... 3
B. ACTING ASSIGNMENTS............................................................................................... 3
C. ADMINISTRATIVE APPOINTMENTS....................... .......................................................................................................3
1. Administrative Appointments...........................--...................... ........................................ .............................3
2. Pay Upon Completion ofAdministratfveAppointment..........................................................................................4
D. PAY UPON COMPLETION OFPARAMEDICDuTIES..........................................................................................................4
E. SPECIAL CERTIFICATION/SKIT,LPAY............................................................................................................................5
1_ ,State Board of Fire Service Certification..............................................................................................................5
2. Paramedic Recertification.......................................................................................................... ......---............5
3. Firefighter Tiller Certification..............................................................................................................................5
a. Tiller Certification.................................................................................................................................................................5
b. Class B Driver License...........................................................................................................................................................5
C. Light Air Unit................................. ......................................................................................................................................5
5. Hazardous Materials Team Responder.................................................................................................................5
6. Bilingual Skill......................................................................................... 5
F. HOLIDAY PAY-IN-LIEu...............................................................................................................................................6
I. REPORTABLE TO PERS.................... .................._.._.._.._..............................,.,,...................,...._...........................6
ARTICLE VI—UNIFORMS,CLOTHING,TOOLS AND EQUIPMENT........................................................................6
A. UNIFORMS PROVIDED BY CITY................................................................................................... 6
C. UNIFORM ALLOWANCE/FITNESS.................................................................................................................................6
D_ UNIFORM CARE AND REPLACEMENT............................................................................................................................7
F. UNIFORM POLICIES AND ADVISORY COMMITTEE..........................................................................................................7
G. REPORTABLE TOPERS...............................................................................................................................................7
ARTICLE VII—HOURS OF W ORIVOVERTIME...........................................................................................................8
A. WORK SCHEDULE.......................................................................................................................................................8
B. HOURS OF WORK-DEFINED.......................................................................................................................................8
C. LEVEL PAY PLAN(EFFECTIVE 10/01/99) .....................................................................................................................9
D. OVERTIME/COMPENSATORY TIME...............................................................................................................................9
1. Paid.................................................................................................................... 9
2. Compensatory Time............................................................................................................................................ 10
a. Non-Exempt......................................................................................................................................................................... 10
b. Staff Personnel.....................................................................................................................................................................10
C. Compensatory Time Paid Off............................................_.................................................................................................10
3. Callback......................... ...................................................................................................................................10
4. Mandatory Standby..,..,.--..................................... —........................,..,..,..,.............................._......_.._............11
5. Pagers..........................................................................................................................................I.........I...........11
6. Required Training Attendance-............................................................................ ............................................. 11
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7. Cancellation of Overtime.......................................................................................................... 11
.........................
8. Court Time......................................................................................................................................................... 11
JURYDUTY..............................................................................................................................................................12
F. SHIFTExciiANGEIRELIEF............................................................................. ........................ 12
G. ASSIGNED SHIFT POLICY........................................................................................ 12
H. MINIMUM STAFFING AND FILLING VACANCIES........................................................................................................... 13
1. Minimum Staffing Levels........................................................................................ 13
2. Filling of Vacancies...........................................................................................................................................14
3. Definitions.......................................................................................... ...............................................................15
4, New Equipment............................................................................................................. 15
ARTICLE VIII—HEALTH AND OTHER INSURANCE BENEFITS............................................................................15
A. HEALTH................................................................................................................................................................... 15
1. Medical..............................................................................................................................................................15
2. Dental................................................................................................................................................................15
3. Optical.......................................................................................................... 16
4. Eligibility Criteria and Cost............................................................................................................................... 16
B. LIFE AND ACCIDFNTAL DEATH AND DISMEMBERMENI'............................................................................................... 17
1. Life...................................................................................................................... .............................................. 17
2. Accidental Death and Dismemberment............................................................................................................... 17
C. LONGTERM DISABILITY................................................................................................................................... .......17
D. MISCELLANEOUS................................................................................................................................................. .... 18
ARTICLEIX—RETIREMENT........................................................................................................................................18
A. BENEFITS....................................................................................................................... .........................................18
1. Public Employees'RetirementSystem................................................................................................................18
2, Self-Funded Supplemental Retirement Benefit.................................................................................................... 19
3. Medical Insurance for Retirees........................................................................................................................... 19
B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING...........................................................20
1. Employee's Contribution..................................................................................................... 20
2. Rollover.............................................................................................................................................................21
3. Reporting of Base Salary......................................................................................... 21
C, REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES............................................................................................21
ARTICLEX—LEAVE BENEFITS...................................................................................................................................21
A. LEAVE wITHPAY.....................................................................................................................................................21
1. Vacation.............................................................................................................................................................21
a. Accrual................................................................................................................................................................................21
b. Conversion Factor................................................................................................................................................................22
c. Eligibility and Permission....................................................................................................................................................22
d. Conversion to Cash......... ..........................................--................................... ..............................................22
e. Pay-Off at Termination.......---..............................................---......................................................................................23
2. Sick Leave....................................................................................................... 23
a. Accrual......................................................... —...................................................................................................................23
b. Pay-Off at Termination.........................................................................................................................................................23
C. Utilization in Conjunction with Industrial Disability Leave...................................---................................ 23
3. Family Sick Leave............................................................................ ................... 24
a. Twenty-Four(24)Hour Shift.Employees..............................................................................................................................24
b. All Others.....-................. ................. ................................................---—.......................................................................24
G. Authorization.............................................................................................................. —.....................................................24
4. Bereavement.......................................................................................................................................................24
5. Association Business..........................................................................................................................................24
ARTICLE XI—CITY RULES........................................................................ ....................24
...............................................
APERSONNEL RULES......................................................................................... 24
B PRECEDENCE OF AGREEMENT............................................................................................. 24
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CLAYOFF RULES........................................--.............................................................................................................25
ARTICLEXH-MISCELLANEOUS................................................................................................................................25
A FIRE DEPARTMENT PROMOTIONAL EXAMS PERSONNEL RULES—POLICY D-10............................................................25
BLIVING QUARTERS ...............................................................................--............................--...........................--25
C. PAYCHECKS.............................................................................................................................................................25
1. Bi-Weekly Pay....................................................................................................................................................25
2- Paycheck Distribution........................................................................................................................................25
3. Vacation Paycheck.............................................................................................................................................25
DCLASS .............................................................................................................................................--...---..........25
FADOPTED DOCUMENTS.............................................................................................................................................26
1. Plan Document(HealthNet)................................................................................................................................26
2. Plan Document(PacifCare Health Plan)..........................................................................--...................... ......26
3. Plan Document(Employee Health Plan).............................................................................................................26
4, Policy 44002 (Delta Care).................... ........................................................................ 26
5. Policy#4729 (Delta Dental).......................................................................--......................--..........................
26
6 Vision Care Plan........................................................................................... 26
7. Bankers Life and Casualty Company Policy 9SR83,556-50................................................................................26
8. Standard Insurance Policy 43321 75 F...............................................................................................--.............26
9. Retiree Medical Plan..........................................................................................................................................26
ARTICLE XIII—MANAGEMENT RIGHTS...................................................................................................................26
ARTICLEXIV—TERM OF MOU....................................................................................................................................26
ARTICLE XIV-CITY COUNCIL APPROVAL..............................................................................................................27
EXHIBIT A—EMPLOYER-EMPLOYEE RELATIONS RESOLUTION......................................................................28
EXHIBIT B—SALARY SCHEDULES.............................................................................................................................29
EFFECTIVF.,DCTOBER 1, 1997.................................................................................................................--............................29
EFFECTIVESEPTEMBER 5, 1998........................................ —................................................................,.................................29
EFFECTIVEJANUARY 8, 2000............................................. —.......................--............................. 30
EXHIBIT C—RETIREE SUBSIDY MEDICAL PLAN....................................................................................................31
MINIMUMELIGIBILITY FOR BENEFITS.....................................................................................................................................32
DISABILITYRETIREES........................................................................................................... ................................................32
MAXIMUM MONTHLY SUBSIDY PAYMENTS.............................................................................................................................32
EXHIBIT D—PERSONNEL RULE CHANGES..............................................................................................................39
EXHIBIT E—TILLER CERTIFICATION.......................................................................................................................41
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Res . 99-92
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION
(Hereinafter called ASSOCIATION or FA)
October 1, 1997 through September 30, 2000
ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS
A. It is recognized that the Huntington Beach Firefighter's Association is the employee
organization, which has the right to meet and confer in good faith with the City on
behalf of employees of the City of Huntington Beach within the following
classifications:
Deputy Fire Marshal* Fire Engineer Paramedic*
Fire Captain Firefighter
Fire Captain Paramedic* Firefighter Paramedic
Fire Engineer Fire Protection Specialist*
`Administrative Appointments
B. The CITY and Association have agreed to a procedure whereby the City, by and
through the Personnel Director, would be entitled to propose a Unit Modification.
This agreement, Exhibit A, consists of a modification of the City of Huntington Beach
Employer-Employee Relations Resolution (Resolution Number 3335)_ The City
hereby agrees not to propose a unit modification of the existing FIRE Association
unit.
ARTICLE II - EXISTING CONDITIONS OF EMPLOYMENT
A_ Except as expressly provided herein, the existing wages, hours, and other terms and
conditions of employment within the lawful scope of representation of the
ASSOCIATION that are contained in prior Memoranda of Understanding between the
parties hereto and which are currently applicable to employees covered herein, shall
remain in full force and effect.
B. When used in this Memorandum of Understanding (MOU), the word "staffing" shall
have the same meaning as the word "manning" and are used interchangeably.
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October 1, 1997 through September 30, 2000
ARTICLE III - SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any
additions or amendments thereof, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
resolution or its application to other persons. The City Council hereby declares that it
would have adopted this MOU and each section, subsection, sentence, clause, phrase or
portion, and any additions or amendments thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions, or the application
thereof to any person, be declared invalid or unconstitutional.
ARTICLE IV— SALARY SCHEDULES
The base salary of each employee represented by the Association shall be as set forth in
the Salary Schedules, Exhibit B. The September 5, 1998 Salary Schedule represents an
approximate 4% general across the board salary increase. The January 8, 2000 Salary
Schedule represents an approximate 4.04% general across the board salary increase.
ARTICLE V— SPECIAL PAY
A. Education:
1. Incentive Plan — It is the purpose and intent of the Education Incentive Plan to
motivate the employee to participate in, and continue with his/her education so
as to improve his/her knowledge and general proficiency which will, in turn,
result in additional benefits to the Fire Department and to the CITY. As certain
levels of additional education are satisfactorily completed and attained, the
employee will receive additional monetary compensation in recognition of
his/her educational achievement.
a. Level I — Any employee who has completed one (1) year of service with the
City of Huntington Beach and has attained an Associate of Science Degree
in Fire Science, or an equivalent course of study as determined by the
Education Committee and the Fire Chief, shall receive an additional monthly
payment of one hundred dollars ($100).
b. Level 11 — Any employee who has completed three (3) years of service with
the City of Huntington Beach and has attained a Bachelors Degree in Fire
Administration, Public Administration, or an equivalent course of study as
determined by the Education Committee and Fire Chief, shall receive an
additional monthly payment of one hundred fifty dollars ($150).
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October 1, 1997 through September 30, 2000
c. Degree Mamors — Degree majors in an equivalent course of study other than
Fire Science, Fire Administration, or Public Administration, shall be
approved in advance by the Education Committee.
d. Education Committee — An Education Committee shall be formed and shall
be composed of three (3) members. Of said three (3) members, one shall
be appointed by the ASSOCIATION, one appointed by the Fire Chief, and
the third shall be the Personnel Director,
e. Effective Date — Certification to an education award and to the additional
monthly compensation shall commence on the first day of the payroll period
the month after approval by the Education Committee.
f. Previous Benefits — Notwithstanding the foregoing, any employee currently
receiving educational incentive benefits in any previously approved
schedule, shall continue to receive the monthly payments entitled
thereunder, in lieu of any payment available under Section "AA." of this
Article, if the current payment exceeds the payment to which the employee
would be entitled under Section "A.V' if any.
B. Acting Assignments. Employees acting in a higher classification, when properly
qualified and compensated in accordance with the CITY Personnel Rules, shall be
considered equivalent to the required classification.
C. Administrative Appointments:
1. Administrative Appointments — The CITY may, from time to time, administratively
appoint employees to administrative or specialist positions. The personnel
appointed to the positions of Deputy Fire Marshal, Fire Protection Specialist,
Fire Captain Paramedic, and Fire Engineer Paramedic shall serve at the
discretion of the Fire Chief. No person shall be appointed to the position of Fire
Captain Paramedic or Fire Engineer Paramedic except on a voluntary basis. An
administrative appointment shall not affect the employee's regular classification
or rank. Persons appointed to these positions shall retain their highest previous
permanent classification and the anniversary date of their appointment to the
permanent classification.
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October 1, 1997 through September 30, 2000
2. Pay Upon Completion of Administrative Appointment:
a. An employee administratively appointed to the positions of Deputy Fire
Marshal and Fire Protection Specialist, who subsequently is voluntarily or
involuntarily reassigned to a position within their permanent classification
with a lower rate of pay, shall receive a one (1) step reduction in pay to
initially coincide with their reduced assignment and at each anniversary
date thereafter, until their rate of pay equals the rate of pay entitled as if
they had not received the administrative appointment.
b. Any administratively appointed employee to the positions of Deputy Fire
Marshal and Fire Protection Specialist, who has completed four (4) years of
service in the appointed or any other appointed parallel position, may
request to return to their permanent classification, and shall within one (1)
year thereafter, be entitled to return to his/her permanent classification. The
pay rate changes associated with the appointment or reappointment shall
follow the process and procedures established for all positions within the
classified service.
c. This section shall not apply to disciplinary demotions or layoffs.
D. Pay Upon Completion of Paramedic Duties — Any Firefighter Paramedic, any
administratively assigned Fire Engineer Paramedic, or any administratively assigned
Fire Captain Paramedic with a minimum of five (5) years of continuous service as a
Paramedic may request reinstatement to his/her previously held classification. Such
request must be submitted in writing to the Fire Chief at least one (1) year prior to the
date of the requested reinstatement. Upon reinstatement, if the employee's current
base salary is equivalent to or in excess of Step E of the respective Firefighter, Fire
Engineer, or Fire Captain salary range, his/her salary will not change until it no
longer exceeds Step E of the respective Firefighter, Fire Engineer, or Fire Captain
salary range.
If the employee's Paramedic salary is less than Step E, his/her salary shall be set at
a step in the range closest to his/her existing current base salary.
This section shall not apply to disciplinary demotions or layoffs.
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October 1, 1997 through September 30, 2000
E. Special Certification/Skill Pa
1. State Board of Fire Service Certification - Any employee, in a position that did
not require certification as a condition of employment, and who at any time has
been or becomes certified by the State Board of Fire Services in a classification
then occupied, shall be entitled, upon request, to a cash payment of two
hundred fifty dollars ($250). Each employee may only receive one such
payment irrespective of the number of times he/she is certified in any position.
2. Paramedic Re-certification - Each time a Firefighter Paramedic, Engineer
Paramedic, or Fire Captain Paramedic working in the position is re-certified as a
Paramedic, he/she shall be entitled to a cash payment of five hundred dollars
($500).
3. Firefighter Tiller Certification - Firefighters that obtain and maintain the
certifications and qualifications as outlined in (a) through (c) below shall receive
$100 per month Tiller pay, effective September, 1998. Said Tiller pay shall be
included as part of total compensation for salary comparison:
a. Tiller Certification - Obtain and maintain Huntington Beach Tiller
Certification.
b. Class B Driver License - Obtain and maintain a minimum of a valid
California Class B Firefighter Restrictive License.
c. Light Air Unit - Ability to drive and operate, the Light Air Unit as required,
and identified in Exhibit E.
4. Hazardous Materials Team_ Responder - Those members who have been
specially trained for the position of Hazardous Materials Team Responder, and
are specifically assigned by the Fire Chief or his/her designee to the Hazardous
Material Unit or backup unit, shall receive additional compensation in the
amount of two hundred fifty dollars ($250) per month effective October 1, 19901
and three hundred dollars ($300) per month effective October 1, 1992.
5_ Bilingual Skill - Permanent employees who are required by the Fire Chief to use
their bilingual abilities in Spanish or Vietnamese as part of their job assignment
are to be paid five percent (5%) over their regular monthly salary after being
tested and certified by City Personnel as to language proficiency.
6. Fire Protection Specialist - Level I Investigator Certification-Must meet the
requirements of NFPA 1033 Professional Qualifications for Fire Investigator I, or
successful completion of the California State Board of Fire Services Fire
036286.01 -5- 10/07/99 9:42 AM
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October 1, 1997 through September 30, 2000
Investigator 1 courses, including Investigation IA, IB, and PC 832. These
requirements must be met within six (6) months of appointment as a Fire
Protection Specialist.
F. Holiday Pay-in-Lieu — Employees shall be compensated by the CITY in lieu of the ten
listed holidays at the rate of .0385 of the employee's monthly salary rate set forth in
Exhibit B, payable each and every pay period. The following are the recognized legal
holidays under this MOU:
1 . New Year's Day (January 1)
2. Martin Luther King's Birthday
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veterans' Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a national
holiday, or by the Governor of the State of California to be a State holiday, and
adopted as an employee holiday by the City Council of Huntington Beach.
Holidays which fall on Sunday shall be observed the following Monday, and those
falling on Saturday shall be observed the preceding Friday.
Employees designated by the Fire Chief who are required to work regular shifts on
the above holiday set forth in Section F.1. of this Article, shall not be entitled to time
off or overtime.
G. Reportable to PERS — Subject to State Law and Regulations, compensation paid as a
result of this Article shall be reported to PERS as salary.
ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. Uniforms Provided by City. — The City will provide all personnel represented by the
HBFA with uniforms as described in Policy C-2 —Uniforms (dated April 20, 1987).
B. Uniform Allowance/Fitness — City shall provide each employee who participates in
the Fire Department's physical fitness program one hundred dollars ($100) per fiscal
year for the purchase of physical fitness uniforms and physical fitness shoes, payable
in the first payroll period of December.
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October 1, 1997 through September 30, 2000
C. Uniform Care and Replacement:
1. The City at no cost to the employee, shall replace any uniforms with the
exception of the physical fitness uniforms that are destroyed, become
unacceptable, or were damaged by circumstances involving the Firefighter's
regular work while on duty.
2. The uniforms described in paragraph A of this Article and Policy C-2 (dated
April 20, 1987) -Uniforms shall be replaced by the City whenever the Fire
Chief or his/her designated representative determines that such replacement
is necessary. Any employee who disagrees with the determination of the Fire
Chief or his/her representative shall have the right to appeal that determination
to the Uniform Advisory Committee.
3. The employee shall be responsible for the preservation and cleaning of all
uniforms.
4_ All uniforms and equipment furnished by the City, with the exception of T-
shirts, shall remain the property of the City and be returned or replaced if the
employee terminates.
D. Uniform Policies and Advisory Committee:
1. The present uniform and clothing policies, as delineated in this Article, shall
remain in effect until the Fire Chief or his/her designee and the Association
mutually agree on a new uniform system and on the date of implementation.
On said implementation date, all safety clothing and uniforms required by the
City to be worn by employees during working hours shall meet all applicable
State and Federal regulations relating to said clothing and, with the exception
of station uniforms, be of a high quality, fire resistant material.
2. A uniform advisory committee composed of two (2) members appointed by the
Association and two (2) representatives appointed by the Fire Chief, shall
make recommendations on the uniforms to be worn, the method of said
uniforms will be provided and obtained and further recommendations on safety
clothing and uniforms may be required during the term of this MOU.
E. Reportable to PERS: - Subject to State law and regulations, compensation paid as a
result of this Article shall be reported to PERS as salary.
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October 1, 1997 through September 30, 2000
ARTICLE VII - HOURS OF WORK/OVERTIME
A. Work Schedule.-
1 All twenty-four (24) hour shift employees shall work an average of fifty-six (56)
hours per week pursuant to the current schedule of five (5) twenty-four (24) hour
shifts in a fifteen (15) day period with six (6) consecutive days off.
2. All twenty-four (24) hour shift employees shall be on a fourteen (14) day work
period as defined by the Fair Labor Standards Act (FLSA).
3. Fire Prevention staff and administrative work schedules are to be forty (40)
hours per week on a four (4) day workweek, ten (10) hours per day.
B. Hours of Work - Defined:
1. Hours worked shall be defined as actual time worked, approved vacation, sick
leave, compensatory time off, bereavement leave, and industrial injury or illness
leave, with the exception of exchange of shift not being included.
2. Exchange of shifts shall occur at 0800 hours each day. However, employees
shall actually arrive sufficiently in advance of 0800 hours so as to comply with
Fire Department Rules and Regulations, Policy B-2, Section 7.37. Said
advance time shall not constitute hours worked.
3. Meal periods are paid as hours worked for personnel who are subject to call for
emergency duty.
4. The maximum time allowed within the forty (40) hour workweek schedule for
both lunch and physical fitness shall not exceed four (4) hours within any given
workweek. All physical fitness activities considered to be work activities shall be
conducted on duty within fire stations and under supervision.
5. An employee who is held over beyond the end of his regular shift shall be
compensated for the actual time he/she is required to remain on duty, computed
to nearest quarter (114) hour.
6. Exchanges of time shall not be considered when computing hours worked as
defined in this Article.
7. An employee shall be considered to be working if he/she is ordered to duty by
the Fire Chief or his/her designee.
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October 1, 1997 through September 30, 2000
F. Level Pay Plan (Effective 10/01191):
1. Twenty-four 24 Hour Shift Personnel — For the purposes of computing the bi-
weekly pay for all twenty-four (24) hour shift employees, compensation shall be
computed on the basis of averaging the overtime pay due to these employees due
to the FLSA, the fourteen (14) day work period, counting all regularly scheduled
non "lost time" hours as "hours worked," and the City's fifteen (15) day work cycle.
The overtime pay resulting from these factors shall be paid bi-weekly based on
the averaging of the overtime pay that would be paid over fifteen (15) consecutive
bi-weekly work (and pay) periods. During fifteen (15) consecutive bi-weekly pay
periods a total of one hundred-forty (140) hours of regularly scheduled hours are
required to be paid at the employee's premium rate under the factors described
above_ The "normal" bi-weekly pay system will compensate these one hundred-
forty (140) hours at the employee's premium rate, averaged over fifteen (15) pay
periods resulting in 9.33 hours of premium pay each bi-weekly pay period.
These shift employees will, therefore, receive 102.67 hours of pay at their regular
rate each bi-weekly pay period, plus 9.33 hours of pay at their premium rate of
pay for their regular rate to compensate these employees for their overtime due to
the regularly scheduled shifts. The only exception to the above shall be for
employees in "lost time" status.
2. In addition to the premium pay provided above, twenty-four (24) hour shift
employees shall receive premium pay for hours worked in excess of regularly
scheduled hours unless the employee has "lost time" in a regularly scheduled
shift. If there is "lost time" in any regularly scheduled shift, the employee shall
receive premium pay for only those overtime hours worked in excess of the
number of lost time hours in the bi-weekly pay period.
3. Lost Time — Defined — "Lost time" is defined as time when the employee does not
work when regularly scheduled to do so and does not receive a leave of absence
with pay.
D. Overtime/Compensatory Time:
1. Paid Overtime
a. All employees covered by this MOU shall be eligible for overtime pay at
their premium hourly rate for all actual work performed in excess of the
employees' scheduled hours in their declared work period.
b. Any employee who voluntarily works overtime in a different classification
shall be compensated at a rate of pay consistent with the classification
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October 1, 1997 through September 30, 2000
worked. Any employee who is ordered in to work in a lower classification
shall be compensated at the rate attendant to his/her regular classification.
c. The City will maintain and adhere to the overtime system as set out
March 25, 1998. The overtime system and/or Policy D-3 may be modified
by mutual agreement of the parties at any time during the term of the MOU.
2. Compensatory Time
a. Non-Exempt — All overtime worked by non-exempt employees shall be
compensated at the employee's premium hourly rate of pay and shall not be
compensated by compensatory time off.
b. Staff Personnel — For all staff personnel positions, in lieu of compensation
by cash payment for overtime as provided in this Article, such employees
may, at their option and with the approval of the Fire Chief, be compensated
by compensatory time off at time and one half for each overtime hour
worked.
1} Compensatory time may be accumulated to a maximum of one
hundred-twenty (120) hours. Compensatory time may be taken on an
hour-far-hour basis only with the permission of the Fire Chief, with due
consideration for the request of the employee and particular regard for
the need of the Department. Upon his/her request, any employee
may elect to convert all or a portion of compensatory time to a cash
payment at the employee's premium hourly rate. Any such payment
shall be made on the next regular payday, following the request,
provided the request is made by the end of the previous payroll
period.
2} Compensatory time may not be received in lieu of a cash payment for
time worked during major emergencies when, in the opinion of the
Fire Chief, the City may be eligible for reimbursement from another
agency for said cash payment.
c. Compensatory Time Paid Off — At the time of any change in the salary
schedule, any accumulated time which has not been used or paid off, shall
be paid in cash at the premium hourly rate based upon the salary schedule
in effect prior to the change.
3. Callback — Employees who are ordered to return to duty on other than their
regularly scheduled shift shall receive a minimum of two (2) hours compensation
on an hourly basis.
036286.01 -10- 10/07/99 9:42 AM
Res .99-92
FIRE MOU
October 1, 1997 through September 30, 2000
4. Mandatory Standby — Any employee may be placed on "mandatory standby" by
the Fire Chief or his/her designee. Employees on mandatory standby must
remain available for immediate response during the designated standby period.
All personnel placed on mandatory standby shall receive a minimum of two (2)
hours compensation for each twelve (12) hours of off duty standby time or
fraction thereof.
5. Pager — Recognizing that personal pagers are part of the Fire Department's
business and emergency alerting system, pagers shall be issued and worn only
on a voluntary basis, with the exception of members who are placed on
mandatory standby who may be required to wear a personal pager while on
such standby. An employee placed on mandatory standby may voluntarily wear
a pager, and if so, shall receive a minimum of two (2) hours compensation for
each twenty-four (24) hours of off duty standby time or fraction thereof_
Members assigned to special staff or prevention duties and voluntarily receiving
other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may
be required to wear pagers and respond while off duty when within pager call
range.
6. Required Training Attendance — An employee who is required to attend a class
or seminar to maintain his/her current position shall have his/her related
expenses paid by the City. When attendance occurs at a time when the
employee is not scheduled to work, he/she shall be compensated on an hourly
basis.
7_ Cancellation of Overtime — Any employee who is scheduled to work overtime in
advance of the time set forth for such scheduling in Huntington Beach Fire
Department Organization Manual, Policy D-3 (dated March 25, 1998), which
scheduling is subsequently cancelled less than seventy-two (72) hours in
advance of the commencement of the scheduled overtime shift, shall receive a
minimum of two (2) hours pay on an hourly basis.
8. Court Time:
a. Employees placed on standby for a court appearance involving City
business during other than their scheduled working hours shall receive a
minimum of two hours straight time pay for each morning and/or afternoon
session.
b. Employees appearing in court on City business during other than their
scheduled working hours shall receive a minimum of three (3) hours pay at
036286.01 -11- 10/07/99 9:42 AM
Res. 99-92
FIRE MOIL
October 1, 1997 through September 30, 2000
time and one half; provided, however, that if such time overlaps with the
employee's scheduled working hours, said premium rate shall be limited to
those hours occurring prior to or after the employee's scheduled work time.
c. Employees shall not receive both standby pay and time and one half pay for
the same court session_ An employee who is on standby and reports to
court will be paid in accordance with b_ above.
9. Pay Out of Rank — When an employee in the classification of Fire Captain
Paramedic is working solely in the capacity of a Fire Captain, that individual
shall still be compensated at the rate of pay attendant to his classification of Fire
Captain Paramedic. When an employee in the classification of Fire Engineer
Paramedic is working solely in the capacity of a Fire Engineer, that individual
shall still be compensated at the rate of pay attendant to his classification of Fire
Engineer Paramedic. When an employee in the classification of Firefighter
Paramedic has been ordered to work in the capacity of a Firefighter, he shall be
compensated at the rate attendant to his classification of Firefighter Paramedic;
provided, however, when he volunteers to work as a Firefighter, he shall then be
compensated only at the rate attendant to that classification.
E. Jury Duty — Employees who are summoned to perform jury service shall be entitled
to their regular compensation while serving; provided the fees, except mileage and
subsistence allowance, if any, which they receive as jurors, are remitted to the City.
F. Shift Exchange/Relief-
1. The Fire Department shall allow Association members' exchanges of schedule
pursuant to Policy D-7 (dated December 22, 1986) of the Huntington Beach Fire
Department Organization Manual. Policy D-7 (Exchange of Schedule) may be
modified by mutual agreement of the parties at any time during the term of this
MOU.
2. An employee may be relieved by any other employee who is qualified to relieve
him/her at any time between the hours of 0600 to 0800. It shall be the
responsibility of the employee's supervisor to insure that the relief of all
employees is accomplished in a fair and equitable manner. The employee's
supervisor may revoke this early relief privilege if abuses occur. It is understood
and agreed that such early relief provisions shall not result in any additional cost
to the City.
G. Assigned Shift Policy — Employees of equal rank shall have the option to
change assigned shifts on an employee for employee basis upon written request
to and approved by the Fire Chief.
036286.01 -12- 10/07/99 9:42 AM
Res. 99--92
FARE MOU
October 1, 1997 through September 30, 2000
H. Minimum Staffing and Filling Vacancies:
1 , Minimum Staffing Levels —The City shall cause apparatus to be staffed with
sufficient employees to assure the safety of employees and the control of
risk- For these purposes, the minimum staffing of apparatus shall be as
fol lows:
a. Each engine company shall be staffed with no less than one (1) Fire
Captain, one (1) Fire Engineer, and one (1) Firefighter or Firefighter
Paramedic.
b. When the Department utilizes two-piece companies, at least one (1)
Fire Captain and one (1) Fire Engineer shall staff the second unit.
1) Two-piece companies shall respond to structure fires as one unit
and not be considered as separate engines for response
purposes.
2) The second unit shall only respond by itself on single engine
alarms; i.e., trash fires, vehicle fires, and medical aids.
c. Each truck company shall be staffed with no less than one (1) Fire
Captain, one (1) Fire Engineer, and either two (2) Firefighters or one
(1) Firefighter and one (1) Firefighter Paramedic or two (2) Firefighter
Paramedics.
d. Paramedic units shall be staffed with no less than two (2) paramedics
from the following appointed ranks., Firefighter Paramedic, Fire
Engineer Paramedic, or Fire Captain Paramedic.
e. Paramedic Engine Company shall be staffed with no less than one (1)
Fire Captain, one (1) Fire Engineer, and two (2) Firefighters. Two of
the members must be certified Paramedics.
f. Fire companies not considered to be in full service and immediately
available shall not be required to have personnel assigned to them for
the purpose of this Article.
g. The minimum staffing, as set forth in this Article, shall be specifically
and exclusively from employees of the Huntington Beach Fire
Department for all routine activities and normal shift duties.
036286.01 -13- 10107/99 9:42 AM
Res.99-92
FIRE MOU
October 1, 1997 through September 30, 2000
h. No employee shall be assigned to more than one (1) company at the
same time for all routine activities and normal shift duties.
i. Routine activities and normal shift duties shall include those
emergencies that would normally be handled by the on-duty
suppression force.
j. Any employee assigned to serve in the capacity of Battalion Chief Aide
shall not be utilized to satisfy any of the minimum staffing requirements
set forth in this Article. He may be utilized to fill a position for which he
is qualified to serve in cases of temporary fill-in of four (4) hours or
less.
2_ Filling of Vacancies:
a. Employees acting in a higher classification, when properly qualified and
compensated in accordance with the City Personnel Rules, shall be
considered equivalent to the required classification.
b. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a
truck company may be utilized for special assignments for a period not
to exceed four (4) hours in any one shift.
c. Replacement Callbacks -- When a vacancy exists on any company
apparatus so as to cause the available complement to be less than that
required under the minimum staffing provision of this Article, the
Department will be obligated to fill any vacancy so as to meet such
minimum staffing obligations by use of off duty personnel on an
overtime basis instead of employing relief personnel. In the event an
existing engine or truck company is placed out of service, those
persons previously assigned thereto may be utilized to fill any such
vacancy prior to the use of off duty personnel on an overtime basis.
d. Staffing vacancies shall be filled rank for rank whenever possible. In
the event that a vacancy cannot be filled by voluntary overtime,
persons qualified to fill said vacancy may be utilized at the discretion of
the Fire Chief to maintain adequate staffing levels.
e. In the event that a Firefighter Paramedic, who is scheduled to work on a
paramedic unit in order to satisfy minimum staffing obligations, is
absent, such vacancy must be filled by an off duty Firefighter
Paramedic working on a voluntary overtime basis, if available, instead
036286.01 -14- 10/07/99 9:42 AM
Res. 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
of transferring a Firefighter Paramedic from a truck company and filling
that vacancy by the use of an off duty firefighter on an overtime basis.
3. Definitions:
a. All fire engines shall be defined as apparatus with fire pump, fire hose,
water tanks, ground ladders and necessary fire fighting equipment,
excluding specifically aerial ladder or platform capabilities.
b. All fire trucks shall be defined as apparatus that have mounted on the
chassis an aerial ladder or aerial platform.
c. A Paramedic Unit shall be defined as any Fire Department vehicle that
is manned with no less than two (2) Firefighter Paramedics.
4. New Equipment — Any Fire Department apparatus, vehicles, technological
changes, and new innovations will be discussed with the Association, along
with any minimum staffing requirements, prior to being placed in full service
for immediate response.
ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS
A. Health:
1 . Medical:
a. The City shall provide current group medical insurance benefits to all
employees effective on date of hire. The City shall provide an
indemnity plan as well as two (2) HMO plans from which the employee
may choose. The HMO plans available for the duration of this MOU
shall be HealthNet and PacifiCare.
b. The coverage and benefits provided under the City Self-Insured and
Self-Administered Indemnity Plan (hereinafter called "the Plan") shall
be as provided in the Employee Health Plan document as amended
pursuant to Exhibit C.
2. Dental — The City shall provide each employee and his/her dependents the
dental and/or orthodontic insurance program contained in Delta Care Policy
#4002 or Delta Dental Policy #4729 as amended pursuant to Exhibit C.
Employees may choose either plan.
036286.01 -1 S- 10/07/99 9:42 AM
Res. 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
3. Optical - The City shall continue to offer a vision plan for employees and
dependents.
4. Eligibility-Criteria and Cast:
a. Health Premiums - City's 1998 contribution toward health costs to be
effective September 5, 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, 2000, for the year ending
December 31, 2000:
Monthly Delta
Premiums* City Plan HealthNet PacifiCare Dental Delta Care Safeguard VSP**
Oly Employee $ 238.62 $ 153.26 $ 150.21 $ 34.59 $ 21.48 $ 18.56 $ 17.10
Only
Employee+ One 477.26 335.53 329.14 66.07 36.51 33.41 WAG
Employee 595.47 440.99 433.82 93.86 55.83 42.64 17.10
+ Family
Current 544.00 544.00 544.00 99.00 99.00 99.00 13.00*
1997 Cap
" 1998 Rates are listed_City"cap"would be current 2000 rates.
Composite Rate
c. Employee Paid Premiums - Employees hired prior to
September 5, 1998, the City shall pay medical, dental, and vision
premiums; subject to 4a and 4b above.
d. Two Tier Health Premium - Employees hired an or after
September 5, 1998, the City's contribution toward medical insurance
shall be at the highest HMO rate of (1) employee, (2) employee+
dependent, or (3) family.
e. Dependent Health Covera e - 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. Plan Chances to City Medical Plan Effective October, 1999).
1) Prescription Drucls - Employees 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
036286.01 -16- 10/07/99 9:42 AWE
Res. 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
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, outpatient services in a hospital, surgeons,
anesthesiologist, and all pre-admission testing.
3) Elective Surgeries - 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 shall be paid at the rate of
ninety percent (90%) for PPG's and seventy percent (70%) for Non-
PPO's of allowable, usual, customary and reasonable charges after
the annual deductible has been met.
B. Life and Accidental Death and Dismemberment:
1. Life - The City shall provide a Life Insurance plan for the employees
covered by this MOU. Said plan shall be equal to that provided by
Standard Insurance Company Policy 332175-F, Optional Insurance,
Section 1 B, Plan A.
2. Accidental Death and Dismemberment - The City shall provide an
Accidental Death and Dismemberment Insurance plan for employees
covered by this MOU. Said plan shall have a benefit amount of fifty
thousand dollars ($50,000) as described in Bankers' Life Policy #SR83-
556-50.
C. Long Term Disability - The City shall pay to the Association on behalf of each
employee covered by this MOU, on a monthly basis, an amount of thirty-four
dollars and eighteen cents ($34.18) per member for a Long Term Disability
036286.01 -17- 10/07/99 9:42 AM
Res . 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
policy. The City's sole obligation under this paragraph shall be to make
payments to the Association in accordance with the above schedule.
D. Survivor's Benefit - Level III - The City shall place all unit members currently at
Level I into Level Ill. Also, as soon as practical, the City shall contact PERS to
determine if any unit member who has not opted to be covered by Level I may
be allowed to opt into Level Ill. If there is no cost to the City for unfunded
liability, all eligible unit members shall be placed in the Level III program. If
there is a cost for unfunded liability attendant to receiving Level III benefits, any
employee who wishes to participate in that Level shall pay those attendant
costs.
E. Miscellaneous:
1. Nothing in this Article shall be deemed to restrict the City's right to change
insurance carriers should circumstances warrant.
2. Nothing in this Article shall be deemed to obligate the City to improve the
benefits outlined in this Article.
3. Whenever an eligible employee is absent because of illness or injury, the
City shall continue to provide to the employee and his/her dependents, all
of the insurance benefits set forth in this Article for the duration of any such
approved absence not to exceed twenty-four (24) months.
ARTICLE IX - RETIREMENT
A. Benefits:
1. Public Employees' Retirement System:
a. The City shall provide all safety employees with that certain retirement
program commonly known and described as the "2% at age 50 plan" which
is based on the retirement formula as set forth in the California Public
Employees' Retirement System (PERS), Sections 20952.5 and 21252.01 of
the California Government Code, including the one-half continuance option
(Government Code Sections 21263 and 21263.1) for safety employees and
the survivor option for all employees as established by the California Public
Employees' Retirement System, Section 21382 of the California
Government Code.
036286.01 -18- 10/07/99 9:42 AM
Res. 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
b. The City shall contract with PERS to have retirement benefits calculated
based upon the employee's highest one year's compensation, pursuant to
the provisions of Section 20024.2 (highest single year).
c. The obligations of the City and the retirement rights of employees as
provided in this Article shall survive the term of this MOU.
2. Self-Funded Supplemental Retirement Benefit:
a. In the event a member elects Option #2 (Government Code Section 21333)
or Option #3 (Government Code Section 21334) of the Public Employees'
Retirement Law, the City shall pay the difference between such elected
option and the unmodified allowance which the member would have
received for his/her life alone. This payment shall be made only to the
member, shall be payable by the City during the life of the member, and
upon that member's death, the City's obligation shall cease. The method of
funding this benefit shall be the sole discretion of the City. This benefit is
vested for employees covered by this MOU. (Note. The options provide
that the allowance is payable to the member until his/her death, and then
either the entire allowance (Option #2) or one-half (1/2) of the allowance
(Option #3) is paid to the beneficiary for life.) Nothing in this Article shall
be deemed to restrict the City's right to contract with PERS for the benefits
provided under this Article.
b. Employees hired on or after October 4, 1999, shall not be eligible for the
"Supplemental Retirement Benefit" referenced in Article IX.A.2 above.
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 any of the plans
offered by the City, at the retiree's own expense, for the maximum
time period required by Federal Law (COBRA), or
2) Retirees may participate in the Retiree Medical plan or either of the
HMO plans currently being offered to retirees.
b. Retired employees exercising either of the options in Article IX.A.3.a may
cause any premiums not paid by the City to be paid out of funds due and
036286.01 -19- 10/07/99 9:42 AM
Res. 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
owed to them for unused sick leave benefits upon retirement, as provided in
Article IX.A.3.a. However, whenever a retired employee does not have any
such available funds, he/she shall have the opportunity to provide the City
with sufficient funds to pay the premiums. At retirement, the sick leave
hours remaining may, at the employee's option, be converted to a dollar
figure, as provided in Article IX.A.3.a, and an estimate shall be provided by
the City to the retired employee as to the approximate number of months the
group insurance can be paid by such sick leave dollars. The City shall
notify any retired employee whose funds available for unused sick leave
benefits are about to be exhausted of such fact, in writing by certified mail,
return receipt requested, at the retired employee's most recent address of
record with the City no later than three (3) months prior to the date upon
which there will not be sufficient funds to pay premiums. It shall be the
individual retiree's responsibility either to insure that there are sufficient sick
leave dollars available to pay premiums or to make premium payments at
least one (1) month in advance, to continue the group insurance in effect. If
following exhaustion of sick leave funds a retired employee fails to provide
the City with sufficient additional funds to pay premiums, the City shall have
the right to notify said retired employee in the manner prescribed above that
it intends to cause his/her coverage to be terminated for non-payment of
premiums, and the further right to terminate such coverage, if such default
has not been cured within thirty (30) days following receipt of such notice.
Any retired employee electing to obtain such medical coverage after
retirement shall have no further option to terminate such coverage following
the provision of thirty (30) days written notice to the City, whereupon any
funds due and owed to him/her for unused sick leave benefits that have not
been exhausted to pay these health insurance premiums shall be paid in a
lump sum to the retired employee within thirty (30) days following receipt by
the City of such notice. Once a retired employee elects to terminate such
coverage, he/she shall be precluded from securing it at a later date at the
group rate.
B. Public Employees' Retirement System Reimbursement and Reporting:
1. Employee's Contribution - Each safety employee covered by this MOU shall
continue to be reimbursed an amount equal to nine percent (9%) of the
employee's base salary as the City's payment toward the employee's
contribution to the Public Employees' Retirement System.
The above PERS pickup is not base salary but is done pursuant to
Section 414(h)(2) of the Internal Revenue Code. The above pickup shall be
credited to the employee's account with PERS.
036286.01 -20- 10/07/99 9:42 AM
Res . 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
Should any ruling by either PERS or other State or Federal agency nullify the
benefit authorized above, the City and the Association agree to reopen
negotiations regarding wages and salaries.
2. Rollover: -- No unit employee shall be allowed to continue the rollover benefit
provided by Article IX.B.2 of the 1991/1993 MOU beyond January 31, 1994.
a. By entering into this Agreement, neither the Association nor any of the
employees it represents waives or relinquishes claims for the retirement
enhancements attendant to the "rollover benefit" described above that are
presently being asserted by the Association on behalf of those individuals in
pending litigation in the Orange County Superior Court entitled City of
Huntington Beach v_ State Board of Control et. al. (Orange County Superior
Court Case No_ 779958.)
3. Reporting of Base Sala - Provisions of the Level Pay plan, Article VII.C, shall
be used for purposes of reporting the bi-weekly pay of twenty-four (24) hour shift
employees to the Public Employees' Retirement System (PERS).
C. Reinstatement Privileges for Disability Retirees - Whenever the retirement benefits
of an employee who has received a disability retirement are revoked by PERS on the
grounds that the employee is no longer disabled from performing the duties of the
position held at the time of retirement, the City shall immediately reinstate such
employee at his/her former position and pay step, upon application thereof by said
employee.
ARTICLE X- LEAVE BENEFITS
A. Leave with Pay:
1. Vacation - The purpose of annual vacation is to provide a rest period, which will
enable each employee to return to work physically and mentally refreshed. All
employees shall be entitled to annual vacation, with pay, in accordance with this
Article.
a. Accrual - Permanent, full time employees shall accrue annual vacations at
the following rates:
For the first four (4) years of continuous service vacation time shall be
accrued at the rate of one hundred and twelve (112) hours per year.
036286.01 -21- 10107/99 9:42 AM
Res. 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
After four (4) years of continuous service to the completion of nine (9) years
of continuous service, vacation time shall be accrued at the rate of one
hundred thirty-six (136) hours per year.
After nine (9) years of continuous service to the completion of fourteen (14)
years of continuous service, vacation time shall be accrued at the rate of
one hundred sixty (160) hours per year.
After fourteen (14) years of continuous service vacation time shall be
accrued at the rate of one hundred ninety-two (192) hours per year.
Employees with twenty (20) years of continuous service as of 07/09/88 shall
accrue vacation time at a rate of 205.72 hours per year.
Vacation allowance shall not be accumulated in excess of three hundred
forty two (342) hours.
b. Conversion Factor - The conversion factor for vacation usage for twenty-
four (24) hour shift personnel shall be .7143.
c. Eligibility and Permission — No vacation may be taken until the completion
of six (6) months of employment_ No employee shall be permitted to take a
vacation in excess of actual time earned and no employee shall take
vacation that is being accrued while the employee is on vacation. Vacations
shall be taken only with permission of the Fire Chief and his/her designee,
who shall schedule all vacations with due consideration for the request of
the employee and particular regard for the need of the Department.
The Fire Department operates on a three-shift basis, with personnel being
assigned to either the "A, B or U Shift for work scheduling purposes. On
each such shift, there shall be four (4) available vacation absences (referred
to as "vacation slots"). That is, at any one time, there may be four (4)
persons absent from duty on each such shift due to vacation. These slots
shall be matte available by rank, one (1) to Firefighters, one (1) to Fire
Engineers one (1) to Firefighter Paramedics and one (1) to Captains.
Thereafter, each additional employee shall be entitled to receive time off for
requested vacation leave, so long as a qualified replacement is available to
serve in his absence.
d. Conversion to Cash — On two (2) occasions during each fiscal year each
employee shall have the option to convert into a cash payment up to a total
of eighty (80) hours, at the forty (40) hour rate of earned vacation benefits
shall be so converted during any one (1) fiscal year. The employee shall
036286.01 -22- 10/07/99 9:42 AM
Res.99-92
FIRE MOU
October 1 , 1997 through September 30, 2000
give two (2) weeks advanced notice of his/her desire to exercise such
option. Vacation accumulated in excess of three hundred-forty-two (342)
hours at the forty (40) hour rate shall be paid in cash at the straight time
forty (40) hour rate on the first payday following such accumulation.
e_ Pay-Off at Termination - Except as provided in Section A.1.d. of this Article,
no employee shall be paid for unused vacation other than upon termination
of employment, at which time said terminating employee shall receive
compensation at his/her current salary rate for all unused, earned vacation
to which he/she is entitled up to and including the effective date of his/her
termination.
2. Sick Leave:
a. Accrual - Sick leave accrual shall be in accordance with Rule 18-9 of the
City's Personnel Rules. Employees covered by this MOU shall accrue sick
leave at the rate of 3.6923 hours per pay period. The conversion factor for
sick leave usage for twenty-four (24) hour shift personnel shall be .7143.
b. Pay-Off at Termination - Upon termination for reasons other than for
industrial disability retirement, employees shall be paid (or have paid on
their behalf as provided in Article IX.A.3.b) at their current salary rate for
twenty-five percent (25%) of unused, earned sick leave from four hundred-
eighty (480) through seven hundred-twenty (720) hours, and for fifty percent
(50%) of all unused, earned sick leave for hours in excess of seven
hundred-twenty (720) hours.
Upon termination for industrial disability retirement, employees shall be paid
(or have paid on their behalf as provided in Article IX.A.3.b) at their current
salary rate for twenty-five percent (25%) of unused, earned sick leave from
zero (0) through four hundred-eighty (480) hours, and for fifty percent (50%)
of all unused, earned sick leave in excess of four hundred-eighty
(480) hours.
c. Utilization in Conjunction with Industrial Disability Leave - Sick leave cannot
be used to extend absences due to work related (industrial) injuries or
illnesses.
036286.01 -23- 10/07/99 9:42 AM
Res. 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
3. Family Sick Leave:
a. Twenty-Four 24 Hour Shift Employee — Twenty-four (24) hour shift
employees shall be entitled to charge up to three (3) shifts per year of sick
leave for family sick leave as presently defined in the City Personnel Rules,
where the attendance of the employee is required.
b. All Others — Other employees shall be entitled to family sick leave in
accordance with Rule 18-8(d) of the City's Personnel Rules.
c. Authorization — The Fire Chief may authorize an employee to charge
additional sick leave for family sick leave in the event of serious illness of an
employee's dependent(s), where warranted by the circumstances.
4. Bereavement — Employees shall be entitled to bereavement leave not to exceed
two (2) work shifts for those employees on the twenty-four (24) hour work
schedule, or three (3) work shifts for all other employees in each instance of
death in the immediate family. Immediate family is defined as father, mother,
sister, brother, spouse, children, grandfather, grandmother, stepfather,
stepmother, stepgrandfather, stepgrandmother, grandchildren, stepsisters,
stepbrothers, mother-in-law, father-in-law, brother-in-law, sister-in-law,
stepchildren, or wards of which the employee is the legal guardian.
5. Association Business.— During the term of this MOU, authorized representatives
of the Association shall be entitled to receive up to a total of four hundred (400)
collective hours without any loss of compensation per contract year to be
utilized for lawful Association activities_ In addition, up to one hundred-fifty
(150) unused hours may be carried forward to the next contract year.
ARTICLE XI — CITY RULES
A. Personnel Rules — The City and the Association must meet and confer during the
term of this MOU on modifications of the Personnel Rules and/or Departmental
Rules.
The City and the Association agree to implement rule changes and accordingly revise
the Personnel Rules as described in Exhibit D.
B Precedence of Agreement — In any case in which any provision of this Memorandum
of Understanding is inconsistent with any City ordinance, rule, regulation, resolution,
including provisions of any Fire Department Manual, the provisions of this MOU shall
supersede and take precedence.
036286.01 -24- 10107/99 9:42 AM
Res . 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
C. Layoff Rules — The procedure and practice regarding layoffs in effect on July 1, 1980
shall remain in full force and effect during the entire term of this MOU.
ARTICLE XII - MISCELLANEOUS
A. Fire Department Promotional Exams — Policy D-10 — Promotional examinations shall
be geld in accordance with the provisions of Policy D-10, dated June 20, 1994), of
the Huntington Beach Fire Department Organization Manual. Policy D-10 may be
modified by mutual agreement of the parties at any time during the term of this MOU.
B. Living Quarters — The City shall provide necessary kitchen, living and sleeping
quarters in several fire stations and shall continue to provide facilities for Association
meetings.
C. Paychecks:
1. Bi-Week) Pa — Salary shall be paid on a bi-weekly basis. By mutual consent of
the City and the Association, early payment and other modifications may be
made.
2. Paycheck Distribution — Paychecks shall be ready and available for distribution to
each employee by 0700 hours on each payday at the Joint Powers Training
Center, except in the case of unforeseen circumstances beyond the control of the
City. A monthly paycheck stub or memorandum accompanying the paycheck shall
contain an itemization of amounts paid under various categories of pay, including
educational incentive pay, holiday pay, and all overtime, and shall also entail an
itemization of the nature and the purpose of each deduction withheld from the
employee's gross earnings.
3. Vacation Paycheck — Each employee shall, at his option, by written notice to the
City's Director of Finance, be given at least two (2) weeks prior to the
commencement of said employee's scheduled vacation, be entitled to receive his
earned vacation pay, less deductions in advance of said vacation. Said right to
receive advance payment of earned vacation pay shall be limited to one such
advancement during each calendar year.
D. Class "W Driver License — Employees required by the City to obtain a State of
California Class "B" or Class "B" Firefighter Restrictive Driver License will be
reimbursed for fees paid to the California Department of Motor Vehicles to obtain the
Class "B" Firefighter Restrictive Driver License.
036286.01 -25- 10/07/99 9:42 AM
Res . 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
E. Adopted Documents — The following documents are adopted and incorporated herein
by reference:
1. Plan Document (HealthNet)
2 Plan Document PacifiCare
3. Plan Document (Employee Health Plan)
4. Plan Policy #4002 (Delta„Care)
5. Plan Policy #4729 Delta Dental
6. Vision Care Plan
7. Bankers Life and Casualty Company — Policy #SR83 556-50
8. Standard Insurance Policy#332175-F
9. Retiree Medical Plan
ARTICLE XIII — MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the City retains all rights, powers, and
authority with respect to the management and direction of the performance of fire services
and the work forces performing such services. Such rights include, but are not limited to,
determination of the merits, necessity, level or organization of fire services, the necessity for
overtime, number and location of work stations, nature of work to be performed, contracting
for any work or operation, reasonable employee performance standards, including work and
safety rules and regulations, in order to maintain the efficiency and economy desirable for
the performance of City services.
ARTICLE XIV— TERM OF MOU
This Memorandum of Understanding shall be in effect commencing on October 1, 1997, and
ending at midnight on September 30, 2000. This MOU constitutes the entire agreement of
the parties as to the changes in wages, hours, and other terms and conditions of
employment of employees covered hereunder for the term hereof.
036286.01 -26- 10/07/99 9:42 AM
Res. 99-92
FIRE MOU
October 1, 1997 through September 30, 2000
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 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 18th day of October , 1999.
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH
A Municipal Corporation FIREFIGHTERS' ASSN.
By: By: -0C I`
Ray Mer President
City Administrator
By: JA4J By:
Jo n P, Reekstin Negotiating Team Member
Director of Administrative Services
By. "\A s � _ By: --
William H. Osness Negotiating Team Merfiber
Pe on el Director
t '
By: l By:
aniel Cassidy Negotiating Team Member
Chief Negotiator
By:
Negotiating Team Member
APPROVED AS TO FORM
f
By By:
Gail Hutton is-12- f6�qet p Silver
City Attorney Fire Association Attor y
036286.01 -27- 09/30/99 10:10 AM
Res . 99-92
EXHIBIT A
CITY OF HUNTINGTON BEACH
EMPLOYER-EMPLOYEE RELATIONS RESOLUTION
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:
a. The Personnel Director shall give written notice of the proposed unit
modification to all employee organizations that may be affected by the proposed change.
Said written notification shall contain the Personnel Director's rationale for the proposed
change including all information which justifies the change pursuant to the criteria
established in Section 6-5 for Appropriateness of Units. Additionally, the Personnel Director
shall provide all affected employee organizations with all correspondence, memoranda, and
other documents which relate to any input regarding the unit modification which may have
been received by the City or from affected employees and/or sent by the City to affected
employees,
b. Following receipt of the Personnel Director's proposal for unit modification,
any affected employee organization shall be afforded not less than thirty (30) days to
receive input from its members regarding the proposed change and to formulate a written
and/or oral response to the motion for unit modification to the Personnel Commission;
C. The Personnel Commission shall conduct a noticed Public Hearing regarding
the motion for unit modification at which time all affected employee organizations and other
interested parties shall be heard. The Personnel Commission shall make a determination
regarding the proposed unit modification which determination may include a granting of the
motion, a denying of the motion, or other appropriate orders relating to the appropriate
creation of bargaining units. Following the Personnel Commission's determination of the
composition of the appropriate unit or units, it shall give written notice of such determination
to all affected employee organizations;
d. Any party who chooses to appeal from the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of Section 14-4 of
Resolution Number 3335.
036286.01 -28- 10/07/99 9:42 AM
Res . 99--92
EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
Effective October 1,_1997
Job Code Classification Range A B C D E
6432 Fire Controller NE 398 2753 2903 3063 3231 3409
6434 Fire Controller Leadworker NE 426 3149 3323 3505 3697 3900
4432 Firefighter NE 418 3042 3208 3385 3571 3767
2460 Supervising Fire Controller EX 473 3999 4219 4451 4696 4954
3430 Fire Engineer NE 441 3411 3598 3796 4004 4224
3434 Fire Engineer Paramedic* NE 461 3767 3973 4191 4422 4664
4428 Firefighter Paramedic NE 449 3546 3742 3949 4165 4394
4430 Fire Protection Specialist" EX 449 3546 3742 3949 4165 4394
1480 Fire Captain EX 473 3999 4219 4451 4696 4954
1483 Fire Captain Paramedic* EX 495 4463 4709 4968 5242 5529
1430 Deputy Fire Marshal* EX 495 4463 4709 4968 5242 5529
Effective September 5, 1998
Job Cade Classification Range A B C D E
4432 Firefighter NE 426 3163 3336 3520 3714 3919
3430 Fire Engineer NE 457 3692 3894 4109 4335 4574
3434 Fire Engineer Paramedic* NE 469 3922 4137 4364 4603 4856
4428 Firefighter Paramedic NE 457 3692 3894 4109 4335 4574
4430 Fire Protection Specialist* EX 466 3861 4075 4298 4534 4784
1480 Fire Captain EX 481 4163 4392 4633 4888 5156
1483 Fire Captain Paramedic* EX 503 4645 4900 5168 5453 5752
1430 Deputy Fire Marshall* EX 503 4645 4900 5168 5453 5752
036286.01 -29- 10/07/99 9.42 AM
Res. 99-92
EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE — CONTINUED
Effective January 8, 2000
Jab Code Classification Range A B C D E
4432 Firefighter NE 434 3359 3544 3738 3945 4161
3430 Fire Engineer NE 465 3841 4052 4276 4511 4759
3434 Fire Engineer Paramedic* NE 477 4078 4302 4539 4789 5052
4428 Firefighter Paramedic NE 465 3841 4052 4276 4511 4759
4430 Fire Protection Specialist* EX 474 4017 4238 4472 4718 4978
1480 Fire Captain EX 489 4331 4569 4820 5085 5354
1483 Fire Captain Paramedic* EX 511 4834 5099 5380 5676 5988
1430 Deputy Fire Marshal* EX 511 4834 5099 5380 5676 5988
036286.01 -30- 10/07/99 9:42 AM
Res. 99-92
EXHIBIT C
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 D) 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
036286.01 -31- 10/07/99 9:42 AM
Res.99-92
EXHIBIT C
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:
036286.01 -32- 10/07199 9:42 AM
Res . 99-9
EXHIBIT C
Maximum Monthly Payment
for Retirements After:
Years of Service 1011192
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.
036286.01 -33- 10/07/99 9:42 AM
Res . 99-92
EXHIBIT C
INDEMNITY HEALTH PLAN, EMPLOYEESIRETIREES
Benefits1 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.
036286.01 -34- 10t07199 9:42 AM
Res. 99-92
EXHIBIT C
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS 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 (a) above.
036286.01 -35- 10/07/99 9:42 AM
Res . 99-9z
EXHIBIT C
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.
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. PacifiCare.
036286.01 --36- 10107199 9:42 AM
Res. 99-92
EXHIBIT C
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.
D. Medicare:
1
I. 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:
036286,01 -37- 10/07/99 9:42 AM
Res . 99-92
EXHIBIT C
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. When one of the following occurs, dependent coverage will be
eliminated:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event
such dependent reaches age 65 prior to the retiree reaching
age 65.
c. At age 65 retirees are eligible to make application for Medicare. Upon
being considered "eligible to make application", whether or not
application has been made for Medicare, the Retiree Subsidy Medical
Plan will be eliminated.
2. See provisions under "Benefits," "Subsidies," and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of
non-payment of premium by means of a certified letter from Personnel in
accordance with provisions of the Memorandums of Understanding.
4. A retiree who fails to pay premiums due for coverage and is in arrears for
sixty (60) days shall be terminated from the plan and shall not have
reinstatement rights.
036286.01 -38- 10/07/99 9:42 AM
Res . 99-92
EXHIBIT D
CITY OF HUNTINGTON BEACH
PESONNEL RULE CHANGES
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. Only employees who
meet the requirements for the vacant position may compete in promotional examinations.
Promotional examinations may include any of the selection techniques, or any combination
thereof, mentioned in Section 5-13. Additional factors including, but not limited to,
performance rating and length of service may be considered. A promotional employment list
shall be established after the administration of a promotional examination, and such list shall
contain the name(s) of those that passed the examination.
Rule 5-20, Duration of Employment Lists - Employment lists shall remain in effect for one (1)
year from the date of the last examination, unless sooner exhausted. Promotional lists and
entry level employment lists may be extended prior to expiration date by the
Personnel Director when requested by the Department Head for additional periods, but in no
event shall an employment list remain in effect for more than two (2) years. Names placed
on such lists shall be merged with others already on the list in order of scores.
Amend Personnel Rule 8-3,_Layoffs - The City and the Association agree that the first
sentence in Personnel Rule 8-3 shall be modified to read as follows: Layoff shall be made in
accordance with the relative length of the last period of continuous service of the employees
in the class of layoff, provided, however, that no permanent employee shall be laid off until
all temporary, acting and probationary employees in the competitive service holding
positions in the same class in the same department are first laid off.
Rule 8-11 Re-em to ment - 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 of 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.
Rule 18-19 Maternity Leave - The City and Association agree to modify the present rule to
read as follows: "A permanent employee shall be entitled to a leave of absence without pay
due to inability to work due to pregnancy. The employee will be entitled to use available sick
leave during this period. Said leave must be requested in writing from the Department Head
and must include written notification from the employee's physician stating the last day the
employee may work and the estimated duration of leave. The employee must obtain written
authorization to return to work from the attending physician. Said authorization must be filed
with the Department Head and the Personnel Director."
Delete: "Female"- Six months.
036286.01 -39- 10/07/99 9:42 AM
Res. 99-92
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES -- CONTINUED
Amend Personnel Rule 18-20 to include Medical Leave of Absence - The City and the
Association agree that sub-paragraph "C" shall be added to Personnel Rule 18-20.
Leave of Absence Without Pay - Leave of absence without pay, for medical disability
reasons, shall be restricted to six (6) months.
Rule 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, shalt hear the matter de nova 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 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 written decision and cause
such to be served upon the employee or employee organization and the Personnel Director.
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 provided by the Personnel Commission. Ratification of the hearing
officer selected by mutual consent of the parties, if from a list approved by the
Personnel Commission, shall not require separate approval or ratification by the
Personnel Commission. The hearing officer shall hear the case and make recommended
findings, conclusions, and decision in the form of a written report and recommendation to the
Personnel Commission. In lieu of the hearing officer process, the Personnel Commission
may agree to hear a case directly upon submission of the case by mutual consent of the
parties_
Rule 21-7 - Hearing Officers - The hearing officer provided for in Rules 19 and 20 shall be
from a list provided by the Personnel Commission or one selected by mutual consent of the
parties.
Rule 21-13 - Extension of Time for Processing Grievances - The City and the employee, or
employee organization may, by mutual consent, extend the time period within which an act
must occur in the processing of grievances.
036286.01 -40- 10/07/99 9:42 AM
Res. 99-92
EXHIBIT E
CITY OF HUNTINGTON BEACH
TILLER CERTIFICATION
Following is the method of application regarding Tiller Certification, Article V, Section E-3 of the Huntington
Beach Firefighter's Association MOU:
Article V, Section E-3--Tiller Certification
a. Tiller Certification -- The Huntington Beach Training Manual, Section C-2, dated 3-11-99 identifies the
method and requirements for Tiller Certification.
b. Class B Firefighter Restrictive License.--.State Department Of Motor Vehicles established.
c. Light Air Unit-- The intent is for a Firefighter to be able to drive, set up, and safely operate the Light Air
unit. Currently, hazardous materials personnel operate the Light Air Unit. They are trained in the safe
operation of the unit but do not actually"certify." We are developing a training program for the unit that
will consist of a short written test to identify the safety and operational aspects the lighting and air
system. The program will formalize the current existing training program that has been in use and
assure that firefighting personnel are properly trained. Since Firefighters may not be assigned to the
unit regularly, we will also establish a refresher class each year to maintain their capabilities.
Note! All Fire Department personnel have been trained in the past in the operation of the Light Air Unit_
Since we do not have a formalized training program for the unit at the present time, all Firefighters will be
grandfathered into meeting the requirements until the training program is finalized. This process will provide
the following options for compensation:
• If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License as of September
5, 1998, they will receive the identified compensation effective that date. Upon implementation of a
formal certification program for the Light Air Unit, these Firefighters will be required to become
certified in light air operation.
• If, after September 5, 1998, and until the training program for the Light Air Unit is developed and
implemented, a Firefighter obtains Tiller Certification and the Class B Firefighter Restrictive Drivers
License, they will be eligible for compensation following application. Upon implementation of a formal
certification program for the Light Air Unit, these Firefighters will be required to become certified in
light air operation.
• For Firefighters requesting compensation after the training program for the Light Air Unit is formalized,
they must obtain Tiller Certification, the Class B Firefighter Restrictive Drivers License, and be certified
in light air operations. They will be eligible for compensation following application.
Note! If a Firefighter elects not to participate in the above mentioned Tiller Certification compensation, it does
not preclude the currently established requirement by the Department for a firefighter to be Tiller Certified, as
identified in the Huntington Beach Training Manual, Section C-2, dated March 11, 1999_
036286.01 41- 10/07/99 9:42 AM
Resolution Number 99-92
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
18thday of October , 19 99, by the following vote:
AYES: Council Members:
Bauer, Garofalo, Green, Dettloff, Harman
NOES: Council Member:
Sullivan
ABSENT Council Member:
Julien
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
036286.01 -42- 10/07/99 9:42 AM