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Home My WebLink AboutCity Council - 2000-113 RESOLUTION NO. 2000-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND U PLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH FIREFIGHTERS ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR OCTOBER 1, 2000, TO SEPTEMBER 30, 2003 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 Firefighters Association, 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, 2000, to September 30, 2003. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of November 2000. (Z4nQA&�&)C— Mayor ATTEST: APPROVED AS TO FORM: 44� City Clerk City Attorney ( - o REVIEWED AND APPROVED: INITIATE AND APPROVED- wt, City-AdAdinistrator Director OP drninistrativc ee ices adl/00reso/Fire MOU RL5 2000-1093-11-1 3-00 Res.No.2000-113 Fire MOU TABLE OF CONTENTS Res. No.2000-113 ARTICLE I-REPRESENTATIONAL UNIT/CLASSIFICATIONS .....................................................................................I ARTICLE II—EXISTING CONDITIONS OF EMPLOYMENT...........................................................................................l ARTICLEIII-SEVERABILITY.............................................................................................................. ......................2 ARTICLE IV—SALARY SCHEDULES...................................................................................................................................2 ARTICLEV—SPECIAL PAY....................................................................................................................................................2 A. EDUCATION............................................................................................................................ 1. Incentive Plan...................................................................................................................................................................2 a. Level .......................................................................... 2 b. Level]I.............................................. .---........---............................................. 2 .......................................................................... C. Degree Majors......................................... ..---..--........................................................................................................................3 d. Education Committee.................. ..................................................................................................................................................3 e. Effective Date.................................................................................................................................................................................3 f. Previous Benefits................................................ .......--..................................................................................................................3 B. ACTING ASSIGNMENTS .. .... ..............................................................................................................................3 C. ADMINISTRATIVE APPOINTMENTS.........................................................................................................................................3 1. Administrative Appointments ..................................................................................................................3 2. Pay Upon Completion of Administrative Appointment....................................................................................................4 D. PAY UPON COMPLETION OF PARAMEDIC DUTIES..................................................................................................................4 E. SPECIAL CERTIFICATION/SKILL PAY......................................................................................................................................5 L 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 4. Hazardous Materials Team Responder............................................................................................................................5 5. Bilingual Skill............................................................................................................. ........5 6. Fire Protection Specialist..............................................................................................................•-....... ........................5 F. HOLIDAY PAY-IN-LIEU..........................................................................................................................................................6 G. REPORTABLE TO PERS........................................................................................................................ .........................6 ARTICLE VI—UNIFORMS,CLOTHING,TOOLS AND EQUIPMENT ............................................................................6 A. UNIFORMS PROVIDED BY CITY.............................................................................................................. ....6 ............................ B. UNIFORM ALLOWANCE/FITNESS............................................................................................................................................6 C. UNIFORM CARE AND REPLACEMENT.....................................................................................................................................7 D. UNIFORM POLICIES AND ADVISORY COMMITTEE...................................................................................................................7 E. REPORTABLE TO PERS..................................................................................................................... ............................7 ARTICLE VII—HOURS OF WORK/OVERTIME.................................................................................................................8 A. WORK SC14EDULE.......................................................................... ....8 B. HOURS OF WORK-DEFINED..................................................................................................................................................8 C- LEVEL PAY PLAN...................................................................................................................................................................9 D. OVERTIME/COMPENSATORY TIME.......................................................................................................................................10 1. Paid Overtime................................................................................................................................................................10 2. Compensatory Time........................................................................................................................................................10 a. Non-Exempt..................................................................................................•---........ ..................................................... ........... 10 b. Staff Personnel..........................................................................•.---.----..---..---..---...---...---...---....--....-...---...-........-....-...................... 10 C. Compensatory Time Paid Off.............................................................•.---...---.----..---....---..----..---..---.•----•.--..---...--.......................... 11 3. Callhack............................................................................................... ......................................................................11 4. Mandatory Standby........................................................................................................................................................11 J. Pagers........................................................... ....................11 6. Required Training Attendance.......................................................................................................................................11 036286.01 4- 11/13/00 5:14 PM Fire MOU TABLE OF CONTENTS Res. No.2000-113 7. Cancellation of Overtime...............................................................................................................................................12 8. Court Time.....................................................................................................................................................................12 9- Pay Out of Rank----------------------------------------------------------------------------------•------------ ----------------------------------._.-.12 E. JURY DUTY..........................................................................................................................................................................12 F. SHIFT EXCHANGE/RELIEF....................................................................................................................................................13 G. ASSIGNED SHIFT POLICY ............................................................................13 H. MINIMUM STAFFING AND FILLING VACANCIES....................................................................................................................13 1. Minimum Staffing Levels................................................................................................................................................13 ARTICLE VIII—HEALTH AND OTHER INSURANCE BENEFITS ................................................................................13 A. HEALTH....................................... ...................................._.................................................................13 1. Medical........................................................................................................................................................................_13 2. Dental.....................•-•----------._.........................................................,..........,..............,.................................. .......14 3. Optical................................................................................ ........ ....... 14 4. Eligibility Criteria and Cost......... ................................................................................................................................. 14 5. Plan Changes to City Medical Plan(Effective January 1, 2001)..................................................................................15 6. Medical Cash Out........................................................................................................................................................... 16 7. Section 125 Plan......................................................................................................•..... .---••-....-.............._...................16 B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT.......................................................................................................16 1. Life..................................................................... .................. ......16 2. Accidental Death and Dismemberment......................................................................................................... ................ 17 C. LONG TERM DISABILITY................................................................................. ....17 ................................................................. D. SURVIVOR'S BENEFIT—LEVEL III.................................................................. ..17 ................................................................... E. MISCELLANEOUS............................................................................................................................. ..17 ARTICLEIX—RETIREMENT ...............................................................................................................................................17 A. BENEFITS......................................................................................... ....17 ................................................................................ 1. Puhlic Employees'Retirement System...................................----------------------------------------------•--------------...........................17 2. Self-Funded Supplemental Retirement Benefit...............................................................................................................18 3. Medical lnsuranceforRetirees......................................................................................................................................19 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING.................................................................20 1. Employee's Contribution................................................................................................................................................20 2. Rollover......................................................................... .......20 3. Reporting of Base Salary................................................................................................................................................20 C. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES....................................................................................................21 ARTICLEX—LEAVE BENEFITS..........................................................................................................................................21 A. LEAVE WITH PAY.................................................................................................................................................................21 1. Vacation.........................................................................................................................................................................21 a. Accrual.........................................................................................................................................................................................21 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——I——I----------------- ................................................................................................_...23 C. Utilization in Conjunction with Industrial Disability Leave.........................................................................................................24 3. Family Sick Leave..........................................................................................................................................................24 a. Twenty-Four(24)Hour Shift Employees....................................................... ---------_------...---...._.- ............____...........................24 b. All Others.......................................................................................................................................................... ......._-...............................24 C. Authorization................................................................................................................................................................................24 4. Bereavement...................................... --------............................................................................................................24 . 5. Association Business......................................................................................................................................................24 ARTICLEXI—CITY RULES..................................................................................................................................................25 APERSONNEL RULES..............................................................................................................................................................25 036286.01 -ii- 11113/00 5:14 PM Fire MOU TABLE OF CONTENTS Res. No.2000-113 B PRECEDENCE OF AGREEMENT..........................................................................................................................I...................25 C. LAYOFF RULES....................................................................................................................................................................25 ARTICLEXII-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.........................................................................................................................................................26 DCLASS B DRIVER'S LICENSE................................................................................................................................................26 E FLEET MANAGEMENT PROGRAM.........................................................................................................................................26 FADOPTED DOCUMENTS........................................................................................................................................................26 1. Plan Document(HealthNet)...........................................................................................................................................26 2. Plan Document(Employee Health Plan).......................................................•---•-•-•---------------------------.........-----.---..........26 3. Policy#4002(Delta Care).............................................................................................................................................26 4. Policy#4729(Delta Dental)..........................................................................................................................................26 5. Vision Care Plan............................................................................................................................................................26 6. Bankers Life and Casualty Company Policy#SR83,556-50..........................................................................................26 7. Standard Insurance Policy#332175-F-------------------•--....................................................................................................26 8. Retiree Medical Plan.................................................................................................................................... •---------......26 G DEFERRED COMPENSATION LOAN PROGRAM......................................................................................................................26 ARTICLE XIII—MANAGEMENT RIGHTS.........................................................................................................................27 ARTICLEXIV—TERM OF MOU ..........................................................................................................................................27 ARTICLE XV-CITY COUNCIL APPROVAL.....................................................................................................................28 EXHIBIT A—EMPLOYER-EMPLOYEE RELATIONS RESOLUTION ..........................................................................29 EXHIBIT B—CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE..................................30 EFFECTIVESEPTEMBER 30,2000..................................................................................................................................................30 EFFECTIVE SEPTEMBER 29,2001 ..................................................................31 ................................................................................ EFFECTIVEMARCH 30,2002.........................................................................................................................................................31 EFFECTIVE SEPTEMBER 28,2002......... ....................................................................................................................................32 ..... EFFECTIVEMARCH 29,2003.........................................................................................................................................................32 EXHIBIT C—RETIREE SUBSIDY MEDICAL PLAN.........................................................................................................33 MINIMUM ELIGIBILITY FOR BENEFITS...........................................................................................................................................34 DISABILITY RETIREES.................................................................................................... ...................34 MAXIMUM MONTHLY SUBSIDY PAYMENTS..................................................................................................................................34 EXHIBIT D—PERSONNEL RULE CHANGES....................................................................................................................40 APERSONNEL RULES..............................................................................................................................................................40 EXHIBIT E—TILLER CERTIFICATION.............................................................................................................................48 EXHIBITF—INCOME PROTECTION PLAN .....................................................................................................................49 EXHIBIT G—56-HOUR VACATION AND SICK LEAVE ACCRUAL—LEAVE BENEFITS(EXAMPLE) ...............50 EXHIBIT H—POLICY D-14 MINIMUM STAFFING AND FILLING OF VACANCIES................................................52 036286.01 -iii- 11/13/00 5:14 PM Res.No.2000-113 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, 2000 through September 30, 2003 ARTICLE I - REPRESENTATIONAL UNITICLASSIFICATIONS 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 Human Resources Officer, 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 li — 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. 036266.01 -1- 11116/00 9:41 AM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 ARTICLE Ill - 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 30, 2000 Salary Schedule represents a general across the board salary increase of 21 salary ranges (approximately 11%). The following additional increases for all classifications are scheduled as follows: 6 salary ranges (approximately 3%) September 29, 2001; 4 salary ranges (approximately 2%), March 30, 2002; 4 salary ranges (approximately 2%) September 28, 2002; 6 salary ranges (approximately 3%) March 29, 2003. 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 I1 — 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 036286.01 -2- 11113/00 5.14 PM FIRE MOU Res.No.2444-113 October 1, 2000 through September 30, 2003 determined by the Education Committee and Fire Chief, shall receive an additional monthly payment of one hundred fifty dollars ($150). c. Degree Majors — 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 Human Resources Officer. 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.1." 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. 036286.01 -3- 11/13/00 5:14 PM FIRE MOU Res.No.2000413 October 1, 2000 through September 30, 2003 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. 036286.01 4- 11113/00 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 E. Special Certification/Skill Pay: 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 three hundred dollars ($300) per month. 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 Investigator I courses, including Investigation IA, IB, and PC 832. These 036286.01 -5- 11/13/00 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 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 the most current Policy C-2, Uniforms executed by the parties. B. Uniform Allowance/Fitness -- City shall provide each employee who participates in the Fire Department's current physical fitness program, Policy D-9, Physical Fitness Program, one hundred fifty dollars ($150) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of 036286.01 -6- 11/13100 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 December. New employees must actively participate a minimum of 90 days prior to December 1'to be eligible for the December uniform allowance. 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 Uniforms — Uniforms shall be replaced by the City whenever the Fire Chief or his/her designated representative determines that such replacement is necessary. 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. 036286.01 -7- 11113/00 5:14 PM FIRE MOU Res. No.2000-113 October 1, 2000 through September 30, 2003 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 fifteen (15) 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, twenty eight (28) day FLSA work period. 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/her regular shift shall be compensated for the actual time he/she is required to remain on duty, computed to nearest quarter (1/4) 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. 036286.01 -8- 11113100 514 PM FIRE MOU Res. No.2000-113 October 1, 2000 through September 30, 2003 C. Level Pay Plan: 1. Twenty-four (24) Hour Shift Personnel — The FLSA work period for twenty-four hour shift personnel shall be changed from a 14 day work period to a 15 day work period. The 15 day FLSA work period shall begin at 8 a.m. on the first shift worked by the A shift following six days off. There shall be 14 FLSA work periods for every fifteen 14 day pay periods. Each employee shall be regularly scheduled to work 1680 hours during each cycle of 14 FLSA work periods (or fifteen pay periods). All hours worked in excess of 110 hours in an FLSA work period shall be compensated at the premium rate (one and one half times the regular rate of pay), so that for every cycle of 14 FLSA work periods, an employee shall receive 140 hours of premium pay for working regularly scheduled hours. All regularly scheduled non "lost time" hours shall be counted as hours worked. Each employee assigned to twenty-four shifts for a full FLSA work period shall receive 102.67 hours of regular pay and 9.33 hours of premium pay in each bi-weekly pay period, which shall compensate the employee for FLSA overtime for regularly scheduled shift work. The intent of this system is that all FLSA overtime hours worked shall be compensated by the first payday following the end of the 15 day FLSA work period. In the event that an employee receives FLSA overtime on a payday before that employee has actually worked FLSA overtime hours, the amount received shall be credited for FLSA purposes toward the next occasion on which the employee works FLSA overtime. If an employee who is paid FLSA overtime in advance of working FLSA hours leaves City employment, there shall be an adjustment in his/her final paycheck to reflect such advance payment. 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. 4. Forty (40) Hour Work Week — Personnel who are not assigned to twenty-four hour shifts but are assigned to work forty (40) hours per week shall have a twenty-eight (28) day FLSA work period, which shall correspond to exactly two City pay periods and shall begin at the same time as a City pay period. Forty (40) hour personnel shall continue to receive premium pay for working hours in excess of their regularly scheduled hours. 036286.01 -9- 11/13/00 5:14 PM FIRE MOU Res. No.2004-113 October 1, 2000 through September 30, 2003 D. Overtime/Compensatory Time: 1. Paid Overtime a. All employees covered by this MOU shall be eligible for overtime pay at their premium hourly rate for all actual work performed in excess of the employees' scheduled hours in their declared work period. b. Any employee who voluntarily works overtime in a different classification shall be compensated at a rate of pay consistent with the classification worked. Any employee who is ordered in to work in a lower classification shall be compensated at the rate attendant to his/her regular classification. c. The City will maintain and adhere to the overtime system as set out in the most current Policy D-3 executed by the parties. 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-for-hour basis only with the permission of the Fire Chief, with due consideration for the request of the employee and particular regard for the need of the Department. Upon his/her request, any employee may elect to convert all or a portion of compensatory time to a cash payment at the 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. 036286.01 -10- 11/13/00 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 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. 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. 6. Pagers — Recognizing that personal pagers are part of the Fire Department's business and emergency alerting system, pagers shall be issued and worn only on a voluntary basis with the exception of members who are placed on mandatory standby who may be required to wear a personal pager while on such standby. An employee placed on mandatory standby may voluntarily wear a pager, and if so, shall receive a minimum of two (2) hours compensation for each twenty-four (24) hours of off duty standby time or fraction thereof. Members assigned to special staff or prevention duties and voluntarily receiving other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be required to wear pagers and respond while off duty when within pager call range. 6. 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. 036286.01 -11- 11113/00 5:14 PM FIRE MOU Res. No.2000-113 October 1, 2000 through September 30, 2003 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 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 (2) hours straight time pay for each morning and/or afternoon session. b. Employees appearing in court on City business during other than their scheduled working hours shall receive a minimum of three (3) hours pay at time and one half; provided, however, that if such time overlaps with the employee's scheduled working hours, said premium rate shall be limited to those hours occurring prior to or after the employee's scheduled work time. c. Employees shall not receive both standby pay and time and one half pay for the same court session. An employee who is on standby and reports to court will be paid in accordance with b. above. 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/her 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/her 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/she shall be compensated at the rate attendant to his/her classification of Firefighter Paramedic; provided, however, when he/she volunteers to work as a Firefighter, he/she shall then be compensated only at the rate attendant to that classification. E. Ju Du — 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. 036286.01 -12- 11/13/00 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 F. Shift Exchange/Relief: 1. The Fire Department shall allow Association members' exchanges of schedule pursuant to the most current Policy D-7 of the Huntington Beach Fire Department Organization Manual that has been executed by the parties. 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. H. Minimum Staffing and Filling Vacancies: 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 defined by Policy D-14, Minimum Staffing and Filling of Vacancies, dated December 1, 1995, a copy of which is attached as Exhibit H and incorporated by reference herein: 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 the first of the month following thirty (30) days of employment. 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 Article XII.F of this agreement. 036286.01 -13- 11/13/00 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 c. Effective January 1, 2001, HealthNet shall be the HMO option. 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 Article XII.F of this agreement. Employees may choose either plan. 3. Optical -- The City shall continue to offer a vision plan for employees and dependents pursuant to Article XII.F of this agreement. 4. Eligibility Criteria and Cost: a. 2000 Premiums City's contribution toward health costs in the year 2000 as outlined below. 1) 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 as set forth below: Monthly Delta Premiums* City Plan HealthNet PacifiCare Dental Delta Care Safeguard VSP** Employee 283.28 166.06 165.06 36.99 22.12 16.20 17.58 Only Employee 560.18 361.66 361.66 70.65 37.61 29.16 17.58 + One Employee 685.86 476.68 476.68 100.37 57.51 37.22 17.58 + Family 1998 Rates are listed—City"cap"would be current 2000 rates. * Composite Rate 2) Employee Paid Premiums — Employees hired prior to September 5, 1998, the City shall pay medical, dental, and vision premiums; subject to 4a and 4b. 3) Two Tier Health Premium — Employees hired on 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. This provision "Two Tier" shall expire on December 31, 2000. 036286.01 -14- 11113/00 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 b. 2001 Premiums The City "caps" its contributions toward employee monthly health insurance premiums by category and plan at the rate in effect January 1, 2001 for the year ending December 31, 2001 as set forth below: Monthly Delta Premiums* City Plan HealthNet Dental Delta Care Safeguard VSP** Employee 261.01 170.01 36.99 22.12 16.20 17.58 Only Employee 516.14 312.51 70.65 37.61 29.16 17.58 + One Employee+ Family 631.94 490.98 100.37 57.51 37.22 17.58 c. 2002 Premiums The City "caps" its contribution toward employee monthly health insurance premiums by category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect January 1, 2002 for the year ending December 31, 2002. d. 2003 Premiums: Health Insurance Caps — The City "caps" its contribution toward employee monthly health insurance premiums by category (employee, employee + one, family) and plan (medical, dental, vision) at the rate in effect December 31, 2002 for the year beginning January 1, 2003. If projected costs, for any medical plan, exceed ten percent (10%) for 2003, the City will meet and confer at Assocation option on cost containments and plan costs. e. Dependent Health Coverage — The City will assume payment for dependent health insurance, subject to paragraph a and b 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. 5. Plan Changes to City Medical Plan (Effective January 1, 2001): a. Annual Plan Deductibles — The medical plan deductible shall be two hundred dollars ($200) per individual with a maximum of five hundred dollars ($500) per family. b. Out of Network — Non PPO co-payment shall be sixty percent (60%) of allowable, usual, customary and reasonable charges after the annual deductible has been met. 036286.01 -15- 11113/00 5:14 PM FIRE MOU Res.No.2000-173 October 1, 2000 through September 30, 2003 c. Out of Pocket Maximum —The annual out of pocket maximum shall be fifteen hundred dollars ($1,500) per individual with a maximum of thirty five hundred dollars ($3,500) per family. d. Preventive Medical Care — Part IX of the Employee Health Plan Document shall be revised to read as follows: Benefits will be provided up to two hundred dollars ($200) per person every year for preventive medical care. Such care shall include such usual preventive medical options as an every year physical exam for adults, yearly PAP tests for females, flu shots, chest x-rays, EKG and other diagnostic lab tests if certified by the physician that such procedures are included under a routine physical examination and is not in connection with the diagnosis or treatment of any illness, disease or accidental bodily injury. All well baby exams for an infant for the first year of life will be allowed and are not subject to the $200 maximum benefit. All immunizations for infants/adults will be provided and coverage is not limited to the $200 maximum benefit. 6. Medical Cash Out: Effective January 1, 2001, if an employee is covered by a medical program outside of a city-provided program (evidence of which must be supplied to Administrative Services Department, Human Resources Division), they may elect to discontinue City medical coverage and receive two hundred dollars ($200) per month to deposit into their Deferred Compensation account or any other pre-tax program offered by the City. 7. Section 125 Plan: Effective January 1, 2001, employees may begin utilizing this plan, which allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. 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. 036286.01 -16- 11/13/00 5:14 PM FIRE MOU RCS.No.2000-113 October 1, 2000 through September 30, 2003 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 Disabili — The City shall pay to the Association on behalf of each employee covered by this MOU, on a monthly basis, an amount not to exceed thirty- eight dollars ($38.00) per member for a Long Term Disability policy. The program shall be subject to the terms and conditions contained in Exhibit F. D. Survivor's Benefit — Level III — The City shall place all unit members currently at Level I into Level III. 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 III. 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 036286.01 -17- 11/13100 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 the survivor option for all employees as established by the California Public Employees' Retirement System, Section 21382 of the California Government Code. b. Effective on or before June 30, 2001, the City shall amend its contract with PERS to implement the "3% at age 50" retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. At the present time, based upon actuarial studies conducted by PERS, the City is not required to make any retirement contributions with respect to employees represented by the Association. If, at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. c. 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). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. 2. Self-Funded Supplemental Retirement Benefit: 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 036286.01 -18- 11/13/00 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 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 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 036286.01 -19- 11/13/00 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 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 — Subject to the limitations contained in Article IX A 1.b each safety employee covered by this MOU shall continue to be reimbursed nine percent (9%) of the employee's reportable compensation as the City's payment toward the employee's contribution to the Public Employees' Retirement System (PERS). 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. 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 titled Ci of Huntington Beach v. State Board of Control et. al. (Orange County Superior Court Case No. 779958.) 3. Reporting of Base Salary — 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). 036286.01 -20- 11/13/00 5:14 PM FIRE MOU PeS,No.2000-113 October 1, 2000 through September 30, 2003 C. Reinstatement Privileges for Disability Retirees — If a retiree seeks to cause PERS to revoke his/her disability retirement on the grounds that he/she is no longer incapacitated from performing the duties of the position held at the time of retirement, the City will not certify that he/she is no longer incapacitated from performing those duties until the employee passes the Departmental physical agility test. If PERS revokes his/her disability retirement, the City shall immediately reinstate the employee at his/her former position and pay step. ARTICLE X— LEAVE BENEFITS A. Leave with Pa 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 their appropriate assigned work schedule rate, either forty hour (40) or fifty- six hour (56) workweek. Paychecks will identify the accrued vacation (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued vacation (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143 (40 _ 56). Personnel who change from a fifty- six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. Personnel 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 for forty (40) hour per week employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56) hour per week employees. 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 for forty (40) hour per week employees, and one hundred and ninety (190) hours per year for fifty-six (56) hour per week employees. 036286.01 -21- 11/13100 5:14 PM FIRE MOU Res.No.2000-173 October 1, 2000 through September 30, 2003 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 for forty (40) hour per week employees, and two hundred and twenty-four (224) hours per year for fifty- six (56) hour per week employees. After fourteen (14) years of continuous service vacation to the completion of nineteen (19) years of continuous service, time shall be accrued at the rate of one hundred ninety-two (192) hours per year for forty hour (40) per week employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56) per week employees. Employees with twenty (20) years of continuous service as of July 9, 1988 shall accrue vacation time at a rate of two hundred and six (206) hours per year for forty (40) hour per week employees, and two hundred and eighty- eight (288) hours per year for fifty-six (56) hour per week employees. Vacation allowance shall not be accumulated in excess of three hundred forty-two (342) hours for forty (40) hour per week employees, and four hundred and eighty (480) hours per year for fifty-six (56) hour per week employees. b. Eligibility and Permission — No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take 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 C" 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 made 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/her absence. c. 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 036286.01 -22- 11/13/00 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 of eighty (80) hours, at the forty (40) hour rate, or one hundred twelve (112) at the fifty-six (56) hour rate, of earned vacation benefits during any one (1) fiscal year. The employee shall 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, or four hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in cash at the straight time fifty-six (56) hour rate on the first payday following such accumulation_ d. 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 — The conversion factor for 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 for 40-hour week employees, and 5.1691 for fifty-six hour (56) week employees. Paychecks will identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued sick leave (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143. Personnel who change from a fifty-six hour (56) schedule to a forty (40) hour schedule shall multiply their accrual rate by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty- six (56) hour schedule shall divide their accrual rate by .7143. b. Pay-Off at Termination -- Upon termination for reasons other than for industrial disability retirement, employees shall have their accrued vacation and sick leave converted to the forty (40) hour rate and then shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current forty (40) hour 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, all employees shall have their accrued vacation and sick leave converted to the forty (40) hour rate, 036286.01 -23- 11/13/00 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 and then shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current forty (40) hour 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. 3. Family Sick Leave: a. Twenty-Four (24) Hour Shift Employees — 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, stepg rand mother, 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. 036286.01 -24- 11/13/00 5:14 PM FIRE MOU Res.No.2000-ii3 October 1, 2000 through September 30, 2003 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. 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 held in accordance with the most current Policy D-10 of the Huntington Beach Fire Department Organization Manual executed by the parties. 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-Weekly Pay — 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 Station 1 — Gothard Fire Station, 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. 036286.01 -25- 11113/00 6:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 3. Vacation Paycheck — Each employee shall, at his/her 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/her 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 "B" 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. E. Fleet Management Program — Association agrees to the policies and procedures contained in the 1999 City Fleet Management Program. F. Adopted Documents — The following documents are adopted and incorporated herein by reference: 1. Plan Document (HealthNet) 2. Plan Document Em to ee Health Plan 3. Plan Policy#4002 Delta Care 4. Plan Policy #4729 (Delta Dent 5. Vision Care Plan 6. Bankers Life and Casualty Company— Policy #SR83 556-50 7. Standard Insurance Policy #332175-F 8. Retiree Medical Plan G. Deferred Compensation Loan Program — Employees may Begin utilizing this program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. 036286.01 -26- 11113100 5:14 PM FIRE MOU Res.No.2000-113 October 1, 2000 through September 30, 2003 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, 2000, and ending at midnight on September 30, 2003. 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 -27- 11/13/00 5:14 PM FIRE MOU Res. No.2000-113 October 1, 2000 through September 30, 2003 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 ratified by the membership of HBFA and 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 20tn day of November , 2000. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH A Municipal Corporation FIR IGHTER'S ASSN. 4� By: Q� -�=� By: Ray ver Rick F , BFA President City Administrator By: By: Clay rtin gotiating Team M r Director of Administrative Services -� By: William H. Osness 'N got'a Kg Team Member Human Resources Officer By: Negotiating Team Member By: Negotiating Team Member APPROVED AS TO FORM By. Gail Hutton City Attorney 036286.01 -28- 11/13/00 5:14 PM EXHIBIT A Res.No.2000413 CITY OF HUNTINGTON BEACH EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 7.3 Human Resources Officer Motion of Unit Modification — The Human Resources Officer 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 Human Resources Officer 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 Human Resources Officer'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 Human Resources Officer 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 Human Resources Officer'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 -29- 11/16/00 9:41 AM Res.No.2000-113 EXHIBIT B CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE Effective September 30, 2000 .lob Code Classification Range A B C D E 4432 Firefighter NE 455 3657 3858 4069 4293 4529 21.10 22.26 23A8 24.77 26.13 3430 Fire Engineer NE 486 4267 4501 4749 5011 5286 24.62 125.97 27.40 28.91 1 30.50 4428 Firefighter Paramedic NE 486 4267 4501 4749 5011 5286 24.62 25.97 27.40 28.91 30.50 4430 Fire Protection Specialist* EX 495 4463 4709 4967 5241 5529 25.75 1 27.17 28.66 30.24 31.90 1480 Fire Captain EX 510 4810 5075 5354 5648 5959 27.75 29.28 30.89 32.59 34.38 1430 Deputy Fire Marshal* EX 532 5368 5662 5974 6304 6650 30.97 32.67 34.47 36.37 38.37 036286.01 -30- 11/16100 9:41 AM EXHIBIT B Ties.No.3000-113 CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE -CONTINUED Effective September 29, 2001 Job Code Classification Range A B C D E 4432 Firefighter NE 461 3766 3972 4191 4421 4664 21.73 22.92 24.18 25.51 26.91 3430 Fire Engineer NE 492 4395 4638 4893 5161 5446 25.36 1 26.76 28.23 29.78 1 31.42 4428 Firefighter Paramedic NE 492 4395 4638 4893 5161 5446 25.36 26.76 1 28.23 29.78 31.42 4430 Fire Protection Specialist* EX 501 4598 4851 5118 5339 5695 26.53 27.99 29.53 31.15 1 32.86 1480 Fire Captain EX 516 4955 5227 5515 5818 1 6139 28.59 30.16 31.82 33.57 35.42 1430 Deputy Fire Marshal* EX 538 5531 5836 61.56 6494 6851 31.91 33.67 35.52 37.47 39.53 Effective March 30, 2002 Job Code Classification Range A B C D E 4432 Firefighter NE 465 3841 4052 4276 4511 4759 22.16 23.38 24.67 26.03 27.46 3430 Fire Engineer NE 496 4487 4733 4993 5267 5557 25.89 27.31 28.81 30.39 1 32.06 4428 Firefighter Paramedic NE 496 4487 4733 4993 5267 5557 25.89 27.31 1 28.81 30.39 32.06 4430 Fire Protection Specialist* EX 505 4690 4948 5220 5508 5811 27.06 28.55 30.12 31.78 33.53 1480 Fire Captain EX 520 5057 5335 5628 5938 6264 29.18 1 30.78 1 32.47 1 34.26 1 36.14 1430 Deputy Fire Marshal* EX 542 5643 5954 6281 6626 6990 32.56 1 34.35 36.24 38.23 1 .40.33 036286.01 -31- 11/16100 9:41 AM EXHIBIT B Res.No.2000-113 CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE - CONTINUED Effective September 28, 2002 Job Code Classification Range A B C D E 4432 Firefighter NE 469 3923 4137 1 4364 4603 4856 22.63 23.87 25.18 26.56 28.02 3430 Fire Engineer NE 500 4576 4827 5092 5373 5668 26.40 1 27.85 29.38 31.00 1 32.70 4428 Firefighter Paramedic NE 500 4576 4827 5092 5373 5668 26.40 27.85 29.38 31.00 32.70 4430 Fire Protection Specialist* EX 509 4787 5050 5328 5621 5929 27.62 1 29.14 30.74 32.43 1 34.21 1480 Fire Captain EX 524 5156 5440 5740 6056 6389 29.75 31.39 33.12 34.94 36.86 1430 Deputy Fire Marshal* EX 546 5754 6071 6406 6758 7129 33.20 35.03 36.96 38.99 41.13 Effective March 29 2003 Job Code Classification Range A B C D E 4432 Firefighter NE 475 4038 4260 4494 4742 5002 23.30 24.58 25.93 27.36 28.86 3430 Fire Engineer NE 506 4712 4972 5246 5536 5841 27.19 128.69 30.27 31.94 1 33.70 4428 Firefighter Paramedic NE 506 4712 4972 5246 5536 5841 27.19 28.691 30.27 31.94 33.70 4430 Fire Protection Specialist* EX 515 4931 5201 5487 5789 6108 28.45 30.01 31.66 33.401 35.24 1480 Fire Captain EX 530 5314 5607 5915 6241 6584 30.66 32.35 34.13 36.01 37.99 1430 Deputy Fire Marshal* EX 552 5931 6257 6602 6964 7347 34.22 36.10 1 38.09 1 40.18 42.39 036286.01 -32- 11/16/00 9:41 AM Res. No.2000-113 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 13. 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 applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance necessary for such coverage if any. 036286.01 -33- 11/16/00 9:41 AM EXHIBIT C - Continued Res. No.2000-173 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 Pa ments 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 -34- 11/13/00 5:14 PM EXHIBIT C - Continued Res.No.2000-113 Maximum Monthly Payment for Retirements After: Years of Service 10/1/92 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 Note: The above payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce, or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. 036286.01 -35- 11/13100 5:14 PM Res. No.2000-113 EXHIBIT C - Continued MISCELLANEOUS PROVISIONS A. Eli ibili 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.4.a.) above. 036286.01 -36- 11116/00 9:41 AM EXHIBIT C - Continued Res.No.2000-113 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 foss 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. 036286.01 -37- 1 Ill3/00 5:14 PM EXHIBIT C - Continued Res.No.2000-113 c. Part A of Medicare for those retirees not eligible for paid Park 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. 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 -38- 11/13/00 5:14 PM EXHIBIT C - Continued Res. No.2000-113 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 -39- 11/13100 6:14 PM Res.No.2000-113 EXHIBIT D CITY OF HUNTINGTON BEACH PESONNEL RULE CHANGES A. Personnel Rules The City and the Association agree to implement the following rules and accordingly revise the Personnel Rules as described herein: 1. Rule 5 — Recruitment and Examination Procedure a. 5-4 — Order of Certification Whenever certification is to be made, the eligibility lists, if active and not exhausted, shall be used in the following order: 1) Re-employment list 2) Promotional list 3) Employment List If fewer than five (5) names of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until five (5) names are certified. If there are fewer than five (5) names on such lists, there shall be certified the number thereon. In such case, the appointing authority may demand certification of five (5) names and examinations shall be conducted until five (5) names may be certified. In the event the appointing authority does not choose to appoint from the five (5) names certified, a new examination may be requested. In the event another examination is conducted, those names shall be merged with others already on the list in order of scores. (This paragraph shall be subject to the most current Policy D- 10 of the Huntington Beach Fire Department Organization Manual executed by City and Huntington Beach Firefighters Association.) b. 5-14 — Promotional Exams Promotional examinations may be conducted whenever, in the opinion of the Human Resources Officer, 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. 036286.01 -40- 11/16/00 9:41 AM EXHIBIT D Res.No.2000-113 CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued 2. Rule 7 -- Discipline a. 7-2 — Causes for Discipline 12) Possession, use or sale of illegal narcotics or habit-forming drugs, while on-duty or on City property. 14) Conviction of any felony or a misdemeanor with a job nexus. A plea or verdict of guilt, or a conviction following a plea of nolo contendere, is deemed to be a conviction within the meaning of this section. 15) Participating in an unlawful strike, work stoppage, slowdown, or using or attempting to use sick leave to accomplish the same purpose as a strike, work stoppage, or slowdown. 3. Rule 8 — Termination a. 8-3 — Layoff in Accordance with Length of Service 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 are first laid off. b. 8-11 — Re-Employment With the approval of the Human Resources Officer, an employee who has resigned in good standing from the competitive service may be re-employed to his/her former position, if vacant, or to a vacant position in the same or comparable class within one (1) year from date of resignation in accordance with Rule 5-21. If such re-employment commences within ninety (90) days of the effective date of resignation, the employee shall not be considered a new employee for vacation and seniority purposes. 4. Rule 12 —Classification Plan a. 12-10 — Temporary Employees Employment on a basis other than permanent or probationary to a permanently budgeted position not to exceed one thousand hours (1000) in any twelve (12) month period. Employees occupying temporary positions shall not be included in the competitive service and shall not be subject to these rules and regulations. 036286.01 -41- 11/13/00 3:14 PM EXHIBIT D Res.No.2000-113 CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES -Continued 5. Rule 14 —Additional Pay and Pay Adjustments a. 14-6 — Salary Advancements to Meet Recruiting Problems or to Give Credit for Prior Service. Application for Other Advancements The Department Head, through the Human Resources Officer and with the approval of the City Administrator, may make an appointment at any step above the minimum salary rate to classes or positions in order to meet recruiting problems to obtain a person who has extraordinary qualifications, to or to give credit for prior city service in connection with appointments, promotions, reinstatements, transfers, reclassifications, or demotions. Salary adjustments within the salary range for the class, other than merit salary adjustments authorized by Section 14-1, may be approved by the City Administrator, upon recommendation of the department head through the Human Resources Officer. Such recommendation shall include the reason(s) for the adjustment, whether the advancement is to be permanent or temporary, and an effective date. 6. Rule 18 —Attendance and Leaves a. 18-16 — Industrial Accident Leave In the event a permanent employee, who is a miscellaneous member of the Public Employees' Retirement System (PERS), is temporarily totally disabled as a result of an injury or illness arising out of and in the course of employment and covered by the State of California Workers' Compensation Insurance and Safety Act, resulting light duty assignments due to the injury or illness or absences from work shall be considered Industrial Accident Leave as that term is defined by this rule. A permanent employee eligible for Industrial Accident Leave shall receive compensation from the City in an amount equal to the employee's regular rate of salary during such period of temporary total disability. Benefits received under this rule shall be in lieu of statutory Workers' Compensation benefits. Industrial Accident Leave shall continue during all absences resulting from the injury or illness, including those absences attributable to doctor's appointments, therapy, or other follow-up medical visits, but in no case exceeding one (1) year of accumulated absences attributable to the same injury or illness. In the event an employee is temporarily, totally disabled by coinciding qualifying injuries or illnesses, periods of absences shall be applied concurrently to all qualifying injuries or illnesses. Industrial Accident Leave compensation shall begin on the first day an eligible employee is absent due to a qualifying injury or illness as defined above. 036286.01 -42- 11/13/00 5:14 PM EXHIBIT D Res.No.2000-113 CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued Industrial Accident Leave compensation will terminate on the earliest of the following: 1) The date upon which the injury or illness giving rise to eligibility for compensation under this rule is declared permanent and stationary by a treating or examining physician; or 2) The date PERS approves an application for disability retirement benefits filed by the employee or by the City; or 3) The employee receives thirty (30) days advance notice and refuses to submit to a medical examination ordered by PERS pursuant to Government Section 21154 or otherwise refuses to cooperate with PERS in determining whether the employee is incapacitated for the performance of duty; or 4) The employee receiving Industrial Accident Leave Compensation applies for service-connected retirement benefits; or 5) The employment of the affected employee is otherwise separated. If an injured worker remains temporarily disabled after receiving one (1) year of Industrial Accident Leave for accumulated absences or light duty work attributable to the same injury or illness, the employee will receive temporary total disability benefits as specified by the State of California Workers' Compensation insurance and Safety Act. Any period of time during which an employee is absent from work by reason of injury or illness for which he or she is entitled to receive Industrial Accident Leave compensation will not constitute a break in continuous service for the purposes of salary adjustments, sick leave, vacation accruals, and length of service computation. In the event an employee who is receiving or has received Industrial Accident Leave compensation makes a claim or initiates legal action against a third party for allegedly causing or contributing to the injury or illness resulting in the inability to work, the employee is required to notify in writing the City's Risk Management Division of the claim or commencement of such action within ten (10) days of the claim or such commencement. The City retains its rights of subrogation in all such instances. 036286.01 -43- 11/13100 5:14 PM EXHIBIT D Res.No.2000-113 CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued b. 18-19 — Maternity Leave The City and the Association agree to modify the present Personnel Rule 18- 19 Maternity Leave to read as follows: "A permanent employee shall be entitled to a leave of absence without pay due to inability to work due to pregnancy. The employee will be entitled to use available sick leave during this period. Said leave must be requested in writing from the Department Head and must include written notification from the employee's physician stating the last day the employee may work and the estimated duration of leave. The employee must obtain written authorization to return to work from the attending physician. Said authorization must be filed with the Department Head and the Human Resources Officer." C. 18-20 — Leave of Absence without Pa The City and the Association agree that the following sub-paragraph "C" shall be added to Personnel Rule 18-20. Leave of Absence without Pay: Leave of absence without pay, for medical disability reasons, shall be restricted to six (6) months. 7. Rule 19 — Grievance Procedure Non-Disciplinary Matters a. 19-5 Grievance Procedure 1) 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 Human Resources Officer 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 Human Resources Officer, or his/her representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Administrator within five (5) days following such hearing. The City Administrator may, in his/her discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his/her 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 036286.01 -44- 11/13100 5:14 PM EXHIBIT D Res.No.2000-113 CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued upon the employee or employee organization and the Human Resources Officer. 2) Step 5 — Personnel Commission Hearing Hearing.T As soon as practicable thereafter, the Human Resources Officer 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. 8. Rule 20 — Disciplinary Procedure and Appeal a. 20-1 — Purpose The purpose of this rule is to provide a procedure for recommending and imposing discipline against City employee, and a means by which an employees may administratively appeal any such disciplinary action. b. 20-2 — Disciplinary Procedures 1) Notice of Proposed Adverse Action For disciplinary demotions, suspensions or dismissals, an employee shall be served a written Notice of Proposed Adverse Action by the employee's department head, or his/her designee, or by certified mail, prior to the proposed disciplinary action taking effect. The notice shall state the reasons for and charges upon which the proposed action is based, and the effective date of the action, the right to respond and the employer's right to representation. A copy of all materials upon which the proposed action is based shall be attached to the notice. 2) Employee's Right to Respond The employee shall be given a minimum of ten (10) calendar days to respond orally and/or in writing, at the employee's option, to the charges upon which the proposed action is based. The employee's response shall be made to and/or before his/her department head. 036286.01 -45- 11/13/00 5:14 PM EXHIBIT D Res.No.2000-113 CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued 3) Time Off The employee shall be given reasonable time off with pay to attend disciplinary meetings. 4) Final Notice of Decision After an employee has responded to or waived his/her right to respond to the proposed adverse action, the employee shall be served with a final Notice of Decision from his/her department head. The final written Notice of Decision shall state whether or not the proposed action shall be taken or modified, the reasons therefor and the effective date of the action. c. 20-3 —Appeal to Personnel Commission Disciplinary action involving the dismissal, suspension, demotion or other authorized reduction in pay may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: 1) Request for Appeal Within five (5) days (10 days for 56 hour per week employees) after the employee's receipt of a final Notice of Discipline, a request for an appeal to the Personnel Commission shall be submitted to the Human Resources Officer. 2) Hearing As soon as practicable thereafter, the Human Resources Officer shall set the matter for hearing before a hearing officer. The hearing officer, selected in accordance with Rule 21-7, shall hear the case without the Board and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the Commission. 3) Final Decision The Commission shall consider the written report and recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further administrative appeal. d. 20-4 — Supplemental Hearing by Personnel Commission 1) The Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or 036286.01 -46- 11113/00 5:14 PM EXHIBIT D Res.No.2000-113 CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued argument. In the event the Commission sets a private hearing for such purposes, the Human Resources Officer shall give written notice to all parties concerned in such matter. 2) The Commission, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Commission, shall make findings, conclusions and decisions which shall be final and binding on all parties and from which there shall be no further administrative appeal. e. 20-5 — Employee Status on-Pendip_q Anpeal Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay), the disciplinary action shall be effective pending an appeal to the Personnel Commission. 9. Rule 21 -- Grievance Procedures - General a. 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. b. 21-12. Time Extension Grievances The City and the employee, or employee organization may, by mutual consent, extend the time periods within which an act must occur in the processing of grievances. 036286.01 -47- 11/13/00 5:14 PM Res.No.2000-113 EXHIBIT E CITY OF HUNTINGTON BEACH TILLER CERTIFICATION Fallowing is the method of application regarding Tiller Certification, Article V, Section E-3 of theHuntington Beach Firefiighter'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 tight 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. Notel 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 -48- 11/16/00 9:41 AM EXHIBIT F Res.No.2000-113 INCOME PROTECTION PLAN This is to memoralize an agreement between the City of Huntington Beach (City) and the Huntington Beach Firefighter's Association (HBFA) regarding authorizing the HBFA to administer its own Long Term Disability (LTD) insurance program providing the following conditions are adhered to: I. The City and HBFA agree that the City shall not provide a City-sponsored LTD Insurance Program for employees represented by HBFA. 2. HBFA shall contract with an insurance provider for LTD insurance for the employees represented by the HBFA. 3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38 per month per occupied covered position represented by HBFA. 4. Non-dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. 5. City payment to HBFA is to be made for each represented employee per month based on the bi-weekly payroll. 6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for administering the program. 7. HBFA shall provide the City with a monthly listing of covered employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9. HBFA shall authorize the City to have the insurance company provide documentation to the City as follows: a) A copy of the most current audited financial statements. b) A copy of the latest actuarial report which should be completed by an independent "Fellow of the Society of Actuaries"; c) A copy of the in-force re-insurance Policy; 'IQ. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA represented employees only. 036286.01 -49- 11/13/00 5:14 PM EXHIBIT G Res.No.2000-113 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their payroll check will also reflect their actual work schedule. In the event of a change in work schedules, personnel will have their accrual rate (Constant) and actual accrual (Accrued) change to the new schedule using the conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual work schedule, either forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper number of hours, either 40-hour or 56-hour workweek. EXAMPLE — CURRENT EXCEPTION 40-HOUR FIRE PROTECTION SPECIALIST Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours — 24 hours = 976 hours. 56-HOUR FIREFIGHTER PARAMEDIC Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours -W 24 x .7143 = 17.1 hours = 982.9 hours (This mathematical transaction takes place for each exception.) PROPOSED EXCEPTION ALL 56-HOUR PERSONNEL Modify to 56-hour schedule - current accrued hours divided by .7143. 40-hour rate paycheck stub indicates 1000 hours sick leave. 1000 hours divided by .7143 = 1400 hours 1400 hours would be reflected on the employee's 56-hour workweek paycheck stub. 56-hour schedule employee uses 24-hours sick time - hours are taken hour for hour. 1400 hours —24 hours = 1376 hours remaining. 036286.01 -50- 11/16100 9:41 AM EXHIBIT G - Continued Res.No.2000-113 56140-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) 40-HOUR FIRE PROTECTION SPECIALIST Remains the same FIRE PROTECTION SPECIALIST IS REASSIGNED AS A 56-HOUR FIREFIGHTER PARAMEDIC ACCRUALRATE Current 40-hour Fire Protection Specialist sick leave accrual - 3.6923 hours per pay period. 56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 = 5.1691) hours per pay period. This would accurately indicate accrual at the 56-hour rate. 56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION Upon change of 56-hour Firefighter Paramedic employee to a 40-hour Fire Protection Specialist. Accrued sick leave = 1400 hours 1400 x .7143 = 1000 hours 1000 hours would be reflected on pay check. Sick leave accrual would return to 3.6923 per pay period. 036286.01 -51- 11116/00 9:41 AM EXHIBIT H Res.No.2000-113 POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES 036286.01 -52- 11/16/00 9:41 AM EXHIBIT H POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES Res.No.2000-113 -HUNTINGTON BEACH FIRE DEPARTMENT SECTION D ORGANIZATION MANUAL PERSONNEL DECEMBER 1, 1995 POLICY 14 MINIMUM STAFFING AND FILLING OF VACANCIES I. PURPOSE To set forth the minimum staffing levels established by the Huntington Beach Fire Department_ II. POLICY It shall be the policy of the Huntington Beach Fire Department to maintain the staffing levels set forth herein. III. OBJECTIVE The Huntington Beach Fire Department will provide an efficient fire suppression and emergency response organization through adequate staffing of fire apparatus to ensure personnel safety and fire suppression effectiveness. IV. RESPONSIBILITY It shall be the responsibility of the shift Battalion Chief to ensure that each fire stations and apparatus are fully staffed according to this policy. V. PROCEDURE The Huntington Beach Fire Department will staff and fill vacancies as defined and specified in Exhibit 1 (attached APPROVED: .ri �. � �✓ DATE: Michael P. Dolder,Fire Chief MPD/sg attachment aA14-95(revlaoes RQticv aaa scpt=tkt 1.19941 Page 1 HUNTINGTON BEACH FIRE DEPARTMENT SECT104PNo.z000 113 ORGANIZATION MANUAL PERSONNEL DECEMT3ER 1, 1995 POLICY 14 EXHIBIT I A. DEEIlMI ONS For purposes of this Article the following definitions are hereby established: 1. APPARATUS shall be defined as any vehicle utilized to respond to fires, other emergencies or work assignments which requires a California Class A, Class B, or Class B firefighter restrictive drivers license. EL A FIRE ENGINE is an apparatus with fire pump, fire hose, water tank, ground ladders, necessary fighting equipment, and may include a "telesquilt" type ladder, but specifically excluding aerial ladder or platform capabilities. b. A FIRE TRUCK is an apparatus that has mounted on the chassis, an aerial ladder or aerial platfonn, "TRUCK COMPANY"equipment,and may include a fire plump,fire hose,and water tank c A HAZARDOUS MATFRMLLS(RAZ MAT)UNIT is an apparatus which has tools and equipment used in the mitigation of Hazardous Materials incidents. d. A PARAMEDIC ENGINE or a PARAMEDIC ASSESSMENT ENGINE is a fare engine that carries Advanced Life Support equipment e. A PARAMEDIC UNIT is any Fire Department vehicle, other than a fire engine or fire muck,that carries Advanced Life Support equipment. £ A SPECIAL PURPOSE APPARATUS is apparatus (as described in No. 1 above), not otherwise defined in this Article and utilized for response to alarms. 2. A FIltE COMPANY is a firefighting force commanded by a single Fire Captain(or a person assignedlqualified as such). 3. IN-SERVICE shall be defined as personnel, apparatus, and/or equipment which are available for dispatch to an alarm or actively involved in an alam. f a:d14-95(reph=p fiicy dated ScpUmber 1.1994) Page 2 Y' HUNTINGTON BEACH FfPX DEPARTMENT SECTIt •]1P•4000-ii3 ORGANIZATION MANUAL PERSONNEL DECEMBER 1, 1995 POLICY 14 4. QUAr.�'D PERSONNEL shall be specific to rank A qualified Engineer- or Captain shall.be any Huntington Beach Fire.Department personnel meeting the minimum qualifications for the position as detailed in Policy D-10 who is operating/functing with the approval of the on-duty Battalion Chief. B. bENIMLIJM STAFFING The CITY shall cause apparatus to be staffed with sufficient personnel to assure the safety of employees and the control of risk. For these purposes, the minimum staffing shall be as follows: 1. Each Fire Company shall,be staffed with a minimum of three(3)personnel and may be assigned various firefighting or other emergency related activities as well as routine duties. Fire Companies are generally assigned as engine companies or truck companies when they operate with a fire engine or fire truck apparatus. They may, however, operate without apparatus or with more than one (1) vehicle or apparatus. When operating with more than one (1) vehicle or apparatus, the minimum staffing requirements of this Section shall be required.when the vehicle is operated on an incident scene. Apparatus responding Code 3 shall be staffed wzth a minimum of two. (2)persons. 2. Each m-service engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. Any member may be a Paramedic. a_ In the event that a member is temporarily detached from a company, due to Fire Department/City emergency, illness, injury, personal emergency or patient transport and where"Qualified Personnel" are available, the company may continue to respond [for a period not to exceed two (2) hours and/or travel time for replacement personnel) to medical aid calls and single engine alarms until a replacement can be obtained pursuant to Policy D 3 (Callback Staffing System): A second fully staffed engine shall be dispatched Code 3 whenever a two(2)person company responds. 3. Each in-service truck company shall be staffed with no less than one(1)Fire Captain, one(1)Fire Engineer and two(2)Firefighters. Any member may be a Paramedic. a. In the event that a member is temporarily detached from a company, due to Fire Department/City emergency, illness, injury, personal emergency or patient transport and where"Qualified Personnel" are available, the company may continue to respond [for a period not to exceed two (2) /f a:d14-95(rep1=es policy dat d September 1,1994) Page 3 HUNTINGTON BEACH FIRE DEPARTMENT SECTIONJ)N0.2000-113 ORGANIZATION MANUAL PERSONNEL DECEMBER 1, 1995 POLICY 14 hours and/or travel time for replacement personnel] to medical, aid.calls and single engine alarms until a replacement can be obtained.pursuant to Policy D-3 (Callback Staffing System). A_second fully staffed engine shall be dispatched Code 3 whenever a two(2)person company responds. 4. Each in-service paramedic unit shall be staffed with no less than two (2) certified Paramedics. a. In the event that a member is temporarily detached from a company, due to Fire Department/City emergency, illness, injury, personal emergency or patient transport and where"Qualified Personnel" are available,the company may continue to respond [for a period not to exceed two (2) hours and/or travel time for replacement personnel] to medical aid ells and single engine alarms until a replacement can be obtained pursuant to Policy D-3 (Callback Stang System). A second fully staffed engine shall be dispatched Code 3 whenever a two(2)person company responds. 5. Each in-service paramedic engine company shall be staffed with no less than one(1) Fire Captain, one (1) Fine Engineer, and two (2) Firefighters. Two (2) of the members must be certified Paramedics. a In the event that a member is temporarily detached from a company, due to Fire Depar inent/City emergency, illness, injury, personal emergency or patient transport and where"Qualified Personnel' are available,the company may continue to respond [for a period not to exceed two (2) hours and/or travel time for replacement personnel] to medical aid calls and single engine alarms until a replacement can be obtained pursuant to Policy D-3 (Callback Staffing System). A second fatly staffed engine shall be dispatched Code 3 whenever a two(2)person company responds. 6. Each in service paramedic assessment engine company shall be staffed with no less than one(1)Fire Captain,one(1)Fire Engineer, and one(1)Firefighter. One(1)of the members must be a certified Paramedic. a. In the event that a member is temporarily detached from a company, due to Fire Department/City emergency, illness, injury, personal emergency or patient transport and where"Qualified Personnel" are available, the company may continue to respond [for a period not to exceed two (2) hours and/or travel time for replacement personnel] to medical aid calls and single engine alarms u W a replacement can be obtained pwmaut to Policy D-3 (Callback Staffing System). A second fully staffed engine shall be dispatched Code 3 whenever a two(2)person company responds. �f a:d 1495(repLwc&p*Hcy dated September 1,1994) Page 4 'r HUNTINGTON BEACH FIRE DEPARTMENT SECTICg4o.2000-113 ORGANIZATION MANUAL PERSONNEL DECEMBER 1, 1995 POLICY 14 7. Each in-service hazardous materials apparatus shad be staffed with a fire company of which the regularly assigned personnel shall be specially trained in hazardous materials,incident practices and procedures in accordance with Article VIEI Section D, Part 5 of the Fire MOU. One or more of the personnel staffing the hazardous materials apparatus may be assigned as technical advisors to an emergency's Incident Commander. When this occurs, the remaining personnel may be reassigned to other companies involved in the incident including the Newport Beach Haz Mat Team or other Hazardous Materials Joint Powers Authority providers. 8. Special purpose apparatus shall be staffed with no less than one (1) person a (Fire Engineer or Firefighter assigned/qualified as such)when responding Code 2 and with no less than two (2)personnel(one of whom must be a Fire Engineer or a Firefighter assignedlquatified as a Fire Engineer)when responding Code 3 to alarms. 9. Fire apparatus not considered to be in service shall not be required to have personnel - assigned to there for the purposes of this Article. 10. The minimum staffing as set forth in this Article;shall be specifically and exclusively from public safety employees of the Hlmtington Bew h Fire Department for all routine activities and normal shift duties. Reserve Firefighters shall not be used to meet minimum staffing levels. a No employee shall be assigned to more than one(1)fire company at the same time for all routine activities and normal shift duties. b. Routine activities and normal shift duties shall include those emergencies that would normally be handled by the on-duty suppression force. C. NEWI UM STAFFING OF COMMUNICATIONS There shall be at least three (3) Fire Controllers on duty at all times consisting of any combination of Fire Controllers or Fire Controller-Shift Supervisors. The ASSOCIATION shall be notified yearly by January 31 regarding staffing changes for the following fiscal year. If a management decision is made to make staffing changes the parties may engage in the Meet and Confer in good faith process at either's request. Such negotiations shall be controlled by the timelines of Section F below. D. FILLING OF VACANCIES 1. Employees acting in a higher classification, when praperly qualified, shall be considered equivalent to the required classification. a:d14-95(mplacea peflcy domed September 1,1994) Page 5 HUNTINGTON BEACH FIRE DEPARTMENT SECTIQW Q.2000-113 ORGANIZATION MANUAL PERSONNEL DECEMBER 1, 1995 POLICY 14 a. Employees acting in a higher classification shall be paid acting pay for all time worked in the higher class when the time cumulatively exceeds two (2) hours within one (1), 24 hour shift. Acting pay will be calculated based on the step range of the higher classification which provides at least a five. percent range differential. -For example, a Firefighter at E step who is qualified and acts as an Engineer will be compensated at the hourly rate of a D step Engineer which is equal to or greater than a five percent differential. 2. Any employee assigned to serve in the capacity of Battalion Chiefs Aide, shall not be utilized to satisfy any of the minimum staffing requirements except as set forth in this Article. The BCs Aide may be utilized to fill a position for which he/she is qualified to serve in cases of temporary fill in of four(4)hours or less. 3. 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. 4. REPLACEMENT CALLBACK. When a vacancy exists on any apparatus the Department will be obligated to meet minimum staffing obligations of this Article by use of off duty personnel on an overtime basis. In the event an apparatus is placed out of service; those persons previously assigned thereto may be utilized to fill any vacancy prior to the use of off duty personnel on an overtime basis. 5. When a vacancy exists on any apparatus, the vacancy shall be filled rank for rank based upon the provisions of the Fire Department Policy D-3 (Callback Staffing System). E_ NEW EQUIPMENT 1. If the City makes a managerial decision to change staffing levels provided for in the MOU, or to utilize any new apparatus over and above that presently in use, the City and Association shall Meet and Confer in good faith prior to such action being implemented. 2. The Meet and Confer process/obligation shall apply to any managerial decision to eliminate any paramedic unit(s)/van(s). F. CHANGES IN STAFFING If the Meet and Confer is requested by either party, as indicated in the two (2) special Sections above dire Controller and New Equipment/Changes in Staffing), the parties shall complete the process (including any impasse procedure) within 60 days, unless otherwise extended by mutual agreement &d1495(replzae policy dated Scptmber 1,1994) Page b 1 �i Res. No. 2000-113 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of November, 2000 by the following vote: AYES: Harman, Garofalo, Dettloff, Bauer NOES: Sullivan ABSENT: Julien, Green ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California