HomeMy WebLinkAboutCity Council - 2000-123 RESOLUTION NO. 2000-123
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH
MARINE SAFETY OFFICERS' ASSOCIATION
AND
THE CITY OF HUNTINGTON BEACH FOR THE TERM OF
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 Marine Safety Officers' 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 such 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 18th day of December 2000.
NAM
Mayor
ATTEST: APPRO ED AS FORM:
City Clerk I Z� 4iX Attorney Co ,
�6U —
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Admi ><strator Director dministrative Services
3dl/00reso/Manne Safety Officers'MOU
RLS 2000-1124-11-27-00
Res. No.2000-123
MSOA MOU Res. No.2000-123
TABLE OF CONTENTS
PREAMBLE.........................................................................................................................................................................I
ARTICLEI-TERM OF MOU............................................................................................................................................1
ARTICLE H-REPRESENTATIONAL UNIT/CLASSIFICATIONS...............................................................................2
ARTICLE HI-MANAGEMENT RIGHTS........................................................................................................................2
ARTICLE IV-EXISTING CONDITIONS OF EMPLOYMENT.....................................................................................3
ARTICLE V- SALARY SCHEDULE.................................................................................................................................3
ARTICLEVI-SPECIAL PAY............................................................................................................................................3
A. EDUCATIONAL`1IJITION........................................................................................................ 3
B. ACTING ASSIGNMENT.....................................................................................................................................................4
C. ASSIGNMENT PAY.....................................................................................................................................,.....................4
D- HOLIDAY PAY-IN-LIEU...................................................................................................................................................5
E. BILINGUAL SKILL.............................
ARTICLE VU-UNIFORMS,CLOTHING,TOOLS AND EQUIPMENT.......................................................................5
ARTICLE VIII-HOURS OF WORKIOVERTIME...........................................................................................................5
A. HOURS OF WORKDEFINED............................................•--.--............................................................. 5
B. OVERTIME/COMPENSATORY TIME.....................................................................................•.............................................5
C. SHIFT EXCHANGE.............................................................................................................. 6
ARTICLE IX-HEALTH AND OTHER INSURANCE BENEFITS.................................................................................
A- HEALTH.........................................................................................................................................................................6
a. Health Premiums...................................................................................................................................................................7
b. Health Insurance Cans............................................................................................................................................................7
C. Employee Paid Premiums...............................................................................................................__....................................7
d. Two-Tier Health Premium......................................................................................................................................................7
a. Health Premiums...................................................................................................................................................................7
e. Dependent Health Covern ...................................................................................................................................................8
f. Medical Ptan Changes Effective September 1,1999.............................................................................................................-9
g. Plan Deductibles....................................................................................................................................................................8
h. Medical Cash-Out......................................................... ...........................................................................................I.,.........9
i. Section 125 Plan....................................................................... _.........................................................................................9
B. LIFE INSURANCE.............................................................................................................................................................9
C. ACCIDENTALDEATH AND DISMEMBERMENT INSURANCE..................................................................................................9
ARTICLEX-RETIREMENT...........................................................................................................................................10
A- BENEFITS..................................................................................................................................................................... 10
B. PUBLIC EMPLOYEES'RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING................................................................ 12
ARTICLE XI-LEAVE BENEFITS..................................................................................................................................12
A. VACATION.................................................................................................................................................................... 12
B. SICK LEAVE.................................................................................................................................................................. 13
C. FAMILY SICK LEAVE...................................................................................................................
D. BEREAVEMENT LEAVE................................ ............................................................. 13
ARTICLE XII-CITY RULES..........................................................................................................................................14
ARTICLE XIII-MISCELLANEOUS...............................................................................................................................14
A. SALARY UPON APPOINTMENT........................................................................................................................................ 14
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TABLE OF CONTENTS
B. RHYSICALEXAmmATIONB.............................................................................................................................................14
C. CONDITIONING TIME........................................................................................................... 14
D. 1.500 HouRREcURRENTEMPLOYEES........................................................................................................................... 14
ARTICLE XIV-CITY COUNCIL APPROVAL......................................................................................I.......................15
EXHIBIT A-MSOA SALARY SCHEDULE ............................ ........................ 16
EXHIBIT B-DELTA CARE DENTAL BROCHURE..................................................................................................... 17
EXHIBIT C-DELTA DENTAL PLAN BROCHURE.-............................-.................................................................... 18
EXHIBIT D-RETIREE MEDICAL PLAN....................................................................................................................... 19
EXHIBIT E-PERSONNEL RULE CHANGE................................................. ................ 26
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Res. No.2000-123
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION
(Hereinafter called ORGANIZATION or MSOA)
PREAMBLE
WHEREAS, pursuant to California law, the City, acting by and through its designated
representatives, duly appointed by the governing body of said city, and the representatives
of the Association, a duly recognized employee association have met and conferred in good
faith and have fully communicated and exchanged information concerning wages, hours,
and other terms and conditions of.
WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this
Agreement shall apply to all employees represented by the Association, and
WHEREAS, the representatives of the City and Association desire to reduce their
agreements to writing,
NOW THEREFORE, this Memorandum of Understanding is made, to become effective
October 1, 2000, and it is agreed as follows:
ARTICLE I - TERM OF MOU
This Memorandum of Understanding shall be in effect for a term commencing on
October 1, 2000 and ending at midnight on September 30, 2003. No further improvements
or changes in the salaries and monetary benefits of the employees represented by the
Association shall take effect during the term of this agreement and the Association
expressly waives any right to request any improvements or changes in salaries or monetary
benefits for the employees represented by the Association which would take effect prior to
October 1, 2003, and the City of Huntington Beach, through its representatives, shall not be
required to meet and confer as to any such request.
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ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS
It is recognized that the Marine Safety Officers' Association is the employee organization,
which has the right to meet and confer in good faith with the City on behalf of the employees
of the Huntington Beach Community Services Department within the following classification
and assignment titles:
Marine Safety Lieutenant
Marine Safety Officer/Boat Operator
Marine Safety Officer
The City and Association agree to conduct a classification study to determine which duties
more appropriately describes the duties currently being performed by Huntington Beach
Marine Safety Officers and Lieutenants, certificates to be required as a minimum job
qualification, job titles, and salary levels. This study to be conducted internally by the
Human Resources Division in conjunction with representatives of HBMSOA. The study will
be provided in final form to the HBMSOA by March 1, 2001.
If the HBMSOA agrees with the final report, the classifications will be presented to the
Huntington Beach Personnel Commission for approval not later than the next regular
Commission Meeting following agreement. In addition, the HBMSOA and City negotiators
shall meet and confer regarding the appropriate salary range for each classification.
If the Huntington Beach Personnel Commission approves the classifications and the
HBMSOA and City representatives agree regarding the appropriate salary range for each
classification, the City Council shall be asked to adopt the classifications and set the agreed
to salary ranges at its next regularly scheduled meeting following agreement. This process
shall occur no later than July 1, 2001.
If the HBMSOA request to meet and confer regarding the final report the parties will
commence meeting no later than May 1, 2001. In the event the parties reach agreement
regarding the final report, through the meet and confer process, the agreement shall be
presented to the Personnel Commission and the City Council for adoption.
Once agreement is reached by the City and HBMSOA and have been approved by the
Commission and the Council, the Special Boat Operator pay provision shall be eliminated.
ARTICLE III - MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the City retains all rights, powers and
authority with respect to the management and direction of the performance of marine safety
services and the work forces performing such services, provided that nothing herein shall
change the City's obligation to meet and confer as to the effects of any such management
decision upon wages, hours and terms and conditions of employment or be construed as
granting the Director or the City the right to make unilateral changes in wages, hours, and
terms and conditions of employment. Such rights include, but are not limited to,
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MSOA MOU Res. No.2000-123
consideration of the merits, necessity, level or organization of City services, including
establishing manning requirements, overtime assignments, number and location of work
stations, nature of work to be performed, contracting for any work or operation, reasonable
employee performance standards, including reasonable work and safety rules and
regulations in order to maintain the efficiency and economy desirable for the performance of
City services. The parties agree to meet and confer during the term of this agreement on
revisions, changes, modifications and additions to the Personnel Rules and/or Department
Rules when requested by City.
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT
Except as otherwise expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing benefits and terms and conditions of employment
which have been established in prior Memoranda of Understanding between City and the
Association.
ARTICLE V - SALARY SCHEDULE
Classification and Salary Rates -- Employees shall be compensated at monthly salary rates
by classification title and salary range during the term of this agreement as set out in
Exhibit A attached hereto and incorporated herein.
If agreement is reached between the City and HBMSOA regarding classifications and pay,
as described in Article II, this MOU shall be amended to reflect such agreement.
ARTICLE VI - SPECIAL PAY
A. Educational Tuition:
1. Criteria -- .The existing Marine Safety officers' Education Incentive Plan shall be
maintained as follows.
Education Maximum Continuing Education
Incentive College Training Years of College Units Monthl
Level Units Points Service Required Annually y
Amount
1 30 10 1 6 $ 50
2 60 20 2 3 75
3 90 30 2 3 100
4 120 3 3 150
5 150 4 0 1 150
2. Stipulations:
a. College major shall be Marine Science, Police Science, Business
Administration, oceanography, or Fire Science.
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b. Initial eligibility must be approved by the Director of Community Services.
An acceptable yearly performance evaluation, signed by the Director of
Community Services is required. No incentive pay taken away without just
cause.
c. Training points approved by the Director may be substituted for college
units, on the following schedule: 10 of 30, 20 of 60; 30 of 90. Each twenty
hours completed of approved seminars, institutes, etc., are credited with
one training point.
d. Pay to be effective on the first of each month following approval.
e. After 120 units or B.A., approved training points may be substituted for
college units without limit.
f. Repeat college course credited as determined by the college.
g. Repeat approved seminars, institutes, etc., credited as determined by the
Director of Community Services.
h. All college units require grade of"C" or better to qualify.
i. Obtaining transcripts or other acceptable documentation is each employee's
responsibility.
j. Employee may choose between approved training points or college units
where a choice is available. No change allowed once choice is made, no
double credit allowed.
B. Actina Assignment:
1. Permanent employee shall receive additional compensation for hours worked
in the higher-level assignment, at the rate of twelve and one-half percent (12
112%) of the employee's regular hourly rate.
2. When formally assigned to perform in the absence of the Operations
Lieutenant or Marine Safety Chief due to vacation, compensatory time off, sick
leave and training; permanent unit employees shall be compensated for each
full hour worked at the rate specified in Paragraph B1 above.
3. Acting Chief selection shall be made at the discretion of the Department Head
or designee. Seniority will not be the controlling criteria.
C. Assignment Pay: Each Marine Safety Officer assigned to duty as a boat operator
(Marine Safety Officer/Boat Operator) shall receive pay as set forth in Exhibit A.
Assignment as Marine Safety Officer/Boat Operator is normally for a period of seven
months per year, at the discretion of the Director of Community Services and
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MSOA MOU Res. No.2000-123
assignment as the relief Marine Safety Officer/Boat Operator is normally for a period
of five months per year.
D. Holiday Pay-ln-Lieu:
Employees represented by the Association and actively employed by the City, in
addition to regular compensation, shall receive each month 1112 of the total holiday
hours (80) earned for the year. They shall be entitled to an additional eight hours of
pay at their regular rate for any day declared by the President of the United States to
be a national holiday, or any day declared by the Governor of the State of California
to be a state holiday, if such day is adopted by the City Council of the City of
Huntington Beach as a special holiday for City employees (i.e., day of mourning).
E_ Bilingual Skill:
Permanent employees who are required by their Department Head to use their
bilingual abilities as part of their job assignment shall be paid an additional five
percent (S%) over their regular monthly salary. Employees who are required by their
Department Head to utilize the bilingual skills may be required to be tested and
certified by the Personnel Director as to their language proficiency in order to be
eligible for said compensation. Eligibility for bilingual pay shall be limited to the
following languages; Spanish, Vietnamese, French, German, Japanese and sign
language.
ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
The City shall continue the existing practice of providing and replacing uniforms and safety
equipment.
ARTICLE VIII - HOURS OF WORKIOVERTIME
A. Hours of Work Defined: For purposes of this article, approved vacation time, sick
leave and compensatory time shall count as hours worked.
B. Overtime/Compensatory Time:
1. Paid Overtime -- Employees shall receive time and one half their salary rate for
all time worked in excess of forty (40) hours during any given payroll week.
2. Compensatory Time -- Employees may elect to receive compensatory time off
(to be accrued to a maximum of 120 hours) in lieu of such overtime pay.
3. Court Time:
a_ Court Standby -- Employees required to be on standby for a court
appearance during other than their scheduled working hours shall receive a
minimum of two (2) hours straight time pay (including differentials) for each
morning and afternoon court sessions.
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MSOA MOU Res. No.2000-123
b. Court Appearance -- Employees required to appear in court during other
than their scheduled working hours shall receive a minimum of three (3)
hours pay (including differentials) at time and one half.
4. Holidays Worked -- Employees who work on a recognized City holiday shall be
compensated at time and one-half of their base pay for hours worked.
C. Shift Exchange: The Department shall allow employees to exchange work
schedules and shifts among those of equal rank and ability, providing prior approval
is obtained from the Department Director and the payback of the shift exchange is
completed within sixty (60) calendar days.
ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS
A. Health:
1, Medical:
a. The City shall continue to provide group medical benefits to all employees
with coverage and other benefits comparable to the group medical plan
currently in effect.
2. Dental -- Employees shall continue to be covered by dental plan benefits equal
to those currently being provided by the City as modified in Exhibit 6 and C.
The Delta Plan shall include a twenty-five ($25) deductible per person per year.
3. Optical -- The optical plan benefits will provide for one (1) pair of eyeglasses
every twelve (12) months, subject to the terms and conditions of the current
policy.
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4. Eligibility Criteria and Cost:
a. 2000 Premiums -- The City shall contribute toward the cost of the 2000
premium for medical, dental and vision 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 VSP
Premiums City Plan HealthNet PacifiCare Delta Delta Care Safeguard (Vision)
Dental
Employee
Only $283.28 $165.06 $165.06 $36.99 $ 22.12 $ 16.20 $17.58
Employee+
One $560.18 $361.66 $361.66 $70.65 $37.61 $29.16 $ 17.58
Employee+
Family $685.86 $476.68 $476.68 $100.37 $57.51 $37.22 $ 17.58
2_ Employee Paid Premiums -- Employees hired prior to adoption date
November 2, 1998, the City shall pay medical, dental and vision
premiums subject to 4a and 4b above.
3. Two-Tier Health Premium -- Employees hired on or after the
November 2, 1998 of this agreement, the City's contribution toward
medical insurance shall be at the highest HMO rate of (1) employee
only, (2) employee + one, or (3) employee + family. This provision
"Two-Tier" shall expire on December 31, 2000.
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 VSPk*
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 631.94 490.98 100.37 57.51 37.22 17.68
t Family
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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
1. The City will continue to pay the premium dollar rate established for
2002 until agreement is reached regarding 2003 contribution levels.
2. The City will not implement cost containment proposals in 2003 for
this unit without agreement of the parties.
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. Medical Plan Changes Effective September 1, 1998 January 1, 2001:
a) The Association agrees to one HMO (HealthNet) beginning with the
2001 plan year.
b) Plan Deductibles - The Medical Insurance Plan deductible shall be
Two Hundred Fifty Dollars ($250) per person; and the maximum
deductible per family shall be Five Hundred Dollars ($500) during
any period of benefit entitlement as described in the City's Employee
Health Plan.
c) Out of Network — Non PPO co-payment reduced from seventy
percent (70%) to sixty percent (60%).
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 $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.
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All well baby exams for an infant for the first year of life will be
allowed and is 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 2, 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 Insurance:
City will provide $10,000 of term life insurance without evidence of insurability other
than evidence of working a full time duty at City cost. Optional insurance is available
at the employee's own cost.
C. Accidental Death and Dismemberment Insurance:
1. The existing long-term disability program provided employees by the City shall
remain in effect. This program provides for each incident of illness or injury, pay
up to sixty (60) calendar days at the employee's salary rate (excluding overtime
but including any special pay in effect at the time of illness of injury). After the
sixty (60) calendar day period, the employee will be covered by an insurance
plan paid for by the City which will provide 66 2/3% of the employee's salary
rate (excluding overtime and any special pay) up to a maximum of $10,000 a
month in accordance with the following:
Disability Due to Disability Due to
Accident Illness
First 60 Days Regular Pay Regular Pa
Next 24 Months 66 2/3% of Base Pa V 66 2/3% of Base Pa
To age 65 66 2/3% of Base Pa None
Days and months refer to calendar days and months.
2. Plan integrated with Worker's Compensation, Social Security and other non-private
program benefits to which entitled.
3_ Disability is defined as the inability to perform all of the duties of regular occupation
during two (2) years and thereafter the inability to engage in any employment or
occupation for which he is fitted by reason of education, training or experience.
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4. Rehabilitation benefits are provided in the event the individual, due to disability, must
engage in other occupation. Plan will provide 66 2/3% of difference between regular
pay and pay of other occupation.
5. Survivors' benefit continues plan payment for three (3) months beyond death.
6. The terms and conditions of the disability insurance coverage are set forth in the
policy, a copy of which is on file in the Personnel Division of the Administrative
Services Department. In the event of any conflict between the policy and this article,
the policy shall control. The City may change insurance companies, policies, or self-
insure this benefit, provided that the plans shall remain comparable to that currently
in effect.
ARTICLE X - RETIREMENT
A. Benefits:
1. Public Employees' Retirement System:
a. The City will provide, for all employees represented by the Association
whose retirement is effective or whose death occurs after July 1, 1978,
Public Employees' Retirement System retirement benefits computed by
utilizing the two percent (2%) at age fifty (50) formula commonly referred to
as the California Highway Patrol Retirement Plan.
b. 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
sametime it is implemented for the Huntington Beach Police Officers'
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 XB 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 IXB1 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 IXB1 shall be reduced to 6.75% of the employee's
compensation earnable.
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2. Self-Funded Supplemental Retirement Benefit — In the event a member elects
Option #2 (Section 21333) or Option #3 (Section 21334) of the Public
Employees' Retirement Law, and the member is a unit employee who was hired
before the adoption of this MOU, the City shall pay the difference between such
elected option and the unmodified allowance which the member would have
received for his or her lift alone. This payment shall be made only to the
member, shall be payable by the City during the life of the member, and upon
that member's death, the City's obligation shall cease. The method of funding
this benefit shall be at the sole discretion of the City. This benefit is vested for
employees hired before November 2, 1998. All unit employees hired on or after
November 2, 1998 shall not be eligible for this benefit. (Note: The options
provide that the allowance is payable to the member until his or her death, and
then either the entire allowance (Option #2), or one-half of the allowance
(Option #3) is paid to the beneficiary for life).
3. PERS Reopener — The City agrees to request actuarial evaluations for Post-
Retirement Survivors Allowance and 1959 Survivors Benefit Level IV and after
receipt agrees to reopen negotiations on these amendments. If no agreement is
reached on Level IV benefits, the City agrees to provide Level III benefits if
available from PERS.
4. Medical Insurance for Retirees:
a. Upon retirement (whether service or disability) each employee shall have
the following options in regards to medical insurance under City sponsored
plans:
1) With no change in benefits, retirees can stay in the City's Employee
Health Plan or an HMO plan offered by the City at the retiree's own
expense for the maximum time period required by Federal Law
(COBRA), or
2) Employees retiring after approval of this MOU may participate in the
Retiree Medical Plan described in Exhibit C.
3) Employees who have been placed on industrial disability retirement
subsequent to January 31, 1974 shall be eligible to continue to
participate in the existing group medical benefit plan at their own cost.
Participation shall cease upon the earliest of the following:
a) The expiration of three (3) calendar years following the date of the
industrial disability retirement, and
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MSOA MOU Res. No.2000-123
b) The retiree obtaining eligibility for coverage under a comparable
medical plan. Retirees who cease to participate may exercise any
conversion privileges then in existence.
B. Public Emplo e�etirement System Reimbursement and Reporting:
Employees' Contribution: Each employee covered by this agreement shall be
reimbursed an amount equal to 9% of the employee's base salary plus education
incentive pay as pickup of a portion of each employee's PERS contribution. The
above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of
the Internal Revenue Code.
ARTICLE XI - LEAVE BENEFITS
A. Vacation:
The purpose of annual vacation is to provide a rest period, which will enable each
employee to return to work physically and mentally refreshed.
1. Accrual: Permanent employees in City service, having an average workweek of
forty (40) hours, shall accrue annual vacations with pay in accordance with the
following:
Years of Service Vacation Allowance
First through Fourth Year 112 hours
Fifth through Ninth Year 136 hours
Tenth through Fourteenth Year 160 hours
Fifteenth Year and Thereafter 192 hours
2. Eligibility and Permission:
a. All employees shall be entitled to annual vacation with pay except under the
following circumstances:
1) Employees who have not completed six (6) months continuous service
with the City.
2) Employees who work less than full-time.
3) Employees on leave of absence.
b. For the purpose of computing vacation, an employee's anniversary date
shall be the most recent date on which he commenced full-time City
employment.
c. No vacation may be taken until the completion of six (6) months of service.
Permanent, part-time employees assigned a work schedule of less than 30
hours but more than 20 hours per week shall receive vacation in one-half
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the amounts set forth above. Employees assigned to a workweek of less
tan 40 and more than 30 hours per week shall receive vacation in three-
fourths the amounts set forth above.
d. No employee shall be permitted to take a vacation in excess of actual time
earned and vacation shall not be accrued in excess of 320 hours.
Vacations shall be taken only with permission of the department head;
however, the department head shall schedule all vacations with due
consideration for the wish of the employee and particular regard for the
need of the department.
3. Conversion to Cash -- An employee may elect to take up to 80 hours of pay per
fiscal year for accrued vacation in lieu of time off. It is the intent of the parties
that employees will take vacation during the fiscal year.
a. Cash Advance -- Upon two week written notification to the Director of
Finance, each employee shall be entitled to receive his earned vacation
pay, less deductions, in advance, prior to his regular scheduled annual
vacation. Such advancements are limited to one during each employee's
anniversary year.
b. Pay-Off at Termination -- No employee shall be paid for unused vacation
other than upon termination of employment at which time such terminating
employee shall receive compensation at his current salary rate for all
unused, earned vacation to which he is entitled up to and including the
effective date of his termination.
B. Sick Leave:
As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff
upon termination and no additional time will be accumulated. Salary continuation for
approved sick leave is covered under Article IX.D above.
C. Family Sick Leave:
Sick leave may be used for an absence due to illness of the employee's spouse or
child when the employee's presence is required at home, provided that such
absences shall be limited to five (8) days per calendar year.
D. Bereavement Leave:
Employees shall be entitled to Bereavement Leave not to exceed three (3) working
days per calendar year in instance of death in the immediate family. Immediate
family is defined as father, mother, sister, brother, spouse, children, stepfather,
stepmother, stepsisters, stepbrothers, mother-in-law, father-in-law, stepchildren, or
grandparents.
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MSOA MOU Res. No.2000-123
ARTICLE XII - CITY RULES
The City and the Association agree to implement the rule changes and accordingly revise
the Personnel Rules as described in Exhibit E.
ARTICLE XIII - MISCELLANEOUS
A. Salary Upon Appointment:
When an appointment of a recurrent lifeguard to the classification of Marine Safety
Officer occurs, the salary step upon appointment shall be determined in the same
manner as salary step upon promotions under the City's Personnel Rules.
B. Physical Examinations:
The City agrees to pay for bi-annual physical examinations, to include stress EKG,
when authorized by the Department Head, with the understanding that results thereof
may be utilized for corrective action and the determination of the employee's
continued ability to perform duties of the position. A copy of the physical examination
shall be provided to the employee upon his request.
C. Conditioning Time:
Unit employees may be allowed up to one hour on each regularly scheduled shift to
be used for physical conditioning.
D. 1,500 Hour Recurrent Employ:
The Association agrees to permit the City to implement a 1,500 work hour per year in
non-HBMSOA positions, subject to official change in Personnel Rules 5-24.
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MSOA MOU Res. No.2000-123
ARTICLE XIV - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or affect whatsoever unless and until adopted by Resolution of
the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this day of
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSN.
A Municipal Corporation
x
By. By:
Ra ilver Kai Weisser, President
City Administrator MSOA
By: By:
Clay Mjaftin
Direct r of Administrative Services
l ' '
By: By: ,
WilliaLeI.Director
ness
Perso
By: By:
Dan* Cassidy
Chief Negotiator
APPR0 ED AS TO FORM
By: `
ail Hu on
City Attorney
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MSOA MOU Res, No. 2000-123
EFFECTIVE SEPTEMBER 30, 2000
4532 Marine Safety Officer 470 3939 4256 4385 4626 4881
22.73 23.98 25.30 26.69 28.16
4534 Marine Safety Officer/Boat Operator 495 4463 4709 4967 5241 5529
25.75 1 27.17 28.66 30.24 1 31.90
1560 Marine Safety Lieutenant 517 4979 5253 5543 5848 6170
28.73 30.31 31.98 33.74 35.60
2001 CLASSIFICATION RECOMMENDATIONS
Effective September 29, 2001 — Salary Increase of 3% to all classifications
Effective September 28, 2002 -- Salary Increase of 2% to all classifications
Effective March 29, 2003 — Salary increase of 3% to all classifications
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MSOA MOU Res. No.2000-123
EXHIBIT B
DELTA CARE DENTAL PLAN BROCHURE
A copy of the Delta Dental Plan Brochure
may be obtained from the
Personnel Division
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MSOA MOU Res, No.2000-123
EXHIBIT C
DELTA DENTAL DENTAL PLAN BROCHURE
A copy of the Delta Care Plan Brochure
may be obtained from the
Personnel Division
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MSOA MOU Res. No.2000-123
EXHIBIT D
RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in
an amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of continuous
City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following:
1. During any period the retired employee is eligible to receive or receives
health insurance coverage at the expense of another employer, the
payment will be suspended. "Another employer" as used herein means
private employer or public employer or the employer of a spouse. As a
condition of being eligible to receive the premium contribution as set forth
in this plan, the City shall have the right to require any retiree to annually
certify that the retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered that a
misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the
retiree's eligibility to receive further benefits will cease.
2. On the first of the month in which a retiree or dependent reaches age 65 or
on the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether
or not such application is made) the City's obligation to pay monthly
premiums may be adjusted downward or eliminated. Benefit coverage at
age 65 under the City's medical plans shall be governed by applicable plan
document.
3_ In the event the Federal Government or State Government mandates an
employer-funded health plan or program for retirees, or mandates that the
City make contributions toward a health plan (either private or public) for
retirees, the City's contribution rate as set forth in this plan shall first be
applied to the mandatory plan. If there is any excess, that excess may be
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MSOA MQU Res.No.2000-123
applied toward the City medical plan as supplemental coverage provided
the retired employee pays the balance necessary for such coverage, if any.
4. In the event of the death of any employee, whether retired or not, the
amount of the retiree medical insurance subsidy benefit which the
deceased employee was receiving at the time of his/her death would be
eligible to receive if he/she were retired at the time of death, shall be paid
on behalf of the spouse or family for a period not to exceed twelve (12)
months.
SCHEDULE OF BENEFITS
A. Minimum Eligibility for Benefits - With the exception of an industrial disability
retirement, eligibility for benefits begin after an employee has completed ten (10) years of
continuous service with the City of Huntington Beach. Said service must be continuous unless
prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel
Rules.
B. Disability Retirees - Industrial disability retirees with less than ten (10) years of
service shall receive a maximum monthly payment toward the premium for health insurance of
$121. Payments shall be in accordance with the stipulations and conditions, which exist for all
retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for
employee only.
C. Maximum Monthly Subsidy Payments - All retirees, including those retired as a
result of disability whose number of years of service prior to retirement exceeds ten (10), shall
be entitled to maximum monthly payment of premiums by the City for each year of completed
City service as follows:
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MSOA MOU Res. No.2000-123
Maximum Monthly Payment
for Retirements After:
Years of Service 1011192
10 $ 121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
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.
Note: Retirees who elect to participate in Health Net shall be entitled to benefits of the program
chosen.
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the
various employee groups shall be the first of the month following retirement
date.
2. A retiree may change plans, add dependents, etc., during annual open
enrollment. Personnel shall notify covered retirees of this opportunity each
year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual
years of completed service with the City of Huntington Beach.
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MSOA MOU Res. No.2000-123
4. When a retiree is eligible for medical plan coverage at the expense of
another employer due to post-retirement employment of the retiree or
spouse of the retiree, the retiree and his/her spouse must take that
coverage regardless of benefit level and shall be deleted from any City
Plan coverage. Exceptions to this requirement are limited to the following:
a. A retiree is not required to enroll in such "other" medical plan
coverage if there is significant disparity between the benefits provided
by the "other" medical plan and the Retiree Subsidy Medical Plan as
defined below. "Significant disparity" means coverage available under
the "other" medical plan is restrictive or limited in one or more of the
following ways.-
1) No in-patient hospitalization coverage.
2) No major medical benefits
3) Annual deductible is $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the "other' medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under B above.
c. Miscellaneous Provisions:
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.
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MSOA MOU Res. No.2000-123
8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not
covered.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN),
Prescription Card System (PCS), Orange County Preferred Provider
Organization (OCPPO) and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and over,
with Medicare the secondary payer. Retirees age 65 and over have no City
Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
b. Health Net.
c. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Regular City Employee Indemnity Plan.
c_ Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements
3. Employees who retire on or after the following dates shall be eligible for the
subsidy based on years of completed service with the City.
October 1, 1987: MEO, MEA, POA, MSOA, FA and PMA.
July 1, 1 988: Non-Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
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MSOA MOU Res.No.2000-123
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of Medicare
at no cost. Those without sufficient credited quarters are still eligible for
Medicare at age 65, but will have to pay for Part A of Medicare if the
individual elects to take Medicare. In all cases, Part B of Medicare is paid
for by the participant.
2. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the subsidy shall pay for Part A for
each of them or the maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her
spouse is not eligible for paid Part A, the spouse shall not receive subsidy.
When a retiree at age 65 is not eligible for paid Part A of Medicare and
his/her spouse who is also age 65 is eligible for paid Part A of Medicare,
the subsidy shall be for the retiree's Part A only.
E. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be
eliminated on the first day of the month in which the retiree reaches
age 65. If such retiree was covering dependents under the Plan,
dependents will be eligible for COBRA continuation benefits effective
as of the retiree's 65th birthday.
b_ Dependent coverage will be eliminated upon whichever of the
following occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event
such dependent reaches age 65 prior to the retiree reaching
age 65.
c. At age 65 retirees are eligible to make application for Medicare. Upon
being considered "eligible to make application", whether or not
application has been made for Medicare, the Retiree Subsidy Medical
Plan will be eliminated.
2. See provisions under "Benefits","Subsidies", and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
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M5OA MOU Res. No.2000-123
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 (66) days shall be terminated from the Plan and shall not have
reinstatement rights.
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MSOA MOU Res. No.2000-123
EXHIBIT E
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.
b) 5-14 — Promotional Exams
Promotional examinations may be conducted whenever, in the opinion of the
Personnel Director, after consultation with the department head, the need of
the service so requires; provided, however, a promotional examination may not
be given unless there are two (2) or more candidates eligible. Only employees
who meet the requirements for the vacant position may compete in
promotional examinations. Promotional examinations may include any of the
selection techniques, or any combination thereof, mentioned in Section 5-13.
Additional factors including, but not limited to, performance rating and length
of service may be considered. A promotional employment list shall be
established after the administration of a promotional examination, and such list
shall contain the name(s) of those that passed the examination.
c) 5-20 — Duration of Employment Lists
Employment lists shall remain in effect for one (1) year from the date of the
last examination, unless sooner exhausted. Promotional lists and entry level
employment lists may be extended prior to expiration date by the Personnel
Director when requested by the Department Head, for additional periods but in
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MSQA MOU Res. No.2000-123
no event shall an employment list remain in effect for more than two (2) years.
Names placed on such lists shall be merged with others already on the list in
order of scores.
d) 5-24 — Recurrent Employment
There are a number of positions where manpower requirements are sporadic,
seasonal and recurrent. In these situations employees are called to work on
an as-needed basis, frequently from a roster of individuals available and
qualified for such work. There is no time limit insofar as a total period of time
over which an employee may work on a recurrent basis, however, they shall
not exceed 1,500 work hours in any twelvel (12) month period. Recurrent
appointments shall not be used on a continuing basis to fill full-time positions.
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) 8-1 — Medical Examination. Evaluation of Employee's Work Capacity.
Demotion Transfer or Termination of Appointment
At any time a department head has reasonable cause to believe that an
employee may not be able to perform the duties of his/her position for physical
or psychological reasons, such department head shall consult with the
Personnel Director regarding such belief. If the Personnel Director concurs,
the department head may order the employee to submit to a medical or
psychological examination. The employee shall be offered the opportunity, in
writing, to select from a panel of three to five physicians or psychologists to
conduct the examination. The cost of such examination shall be paid by the
City and, to the extent practicable, shall be scheduled during the work hours
with no loss of pay. The examiner and the employee shall be advised of the
basis for the Department Head's belief that the employee is unable to perform
the duties of his/her job. The examination shall be restricted to the specific
issue, which gave rise to the request for an examination. The report of the
examiner shall be limited to a conclusion that the employee is either able or
unable to perform the duties of his/her job_
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MSQA M❑U Res. No.2000-123
The department head shall review the medical or psychological report and
shall consult with the Personnel Director regarding the physician's assessment
of the employee's ability to perform the duties of hislher position. Any decision
regarding such employee shall be made in accordance with the Americans
with Disabilities Act.
Notwithstanding any other provision of this rule, an employee being evaluated
for medical or psychological fitness to perform the duties of his/her position
may apply for another position in the competitive service for which he/she has
qualified. If such employee is qualified and can perform the duties of a lower
paying vacant position for which he/she has applied, he/she will be placed in
such position, without competitive examination, subject to the approval of the
department head.
(The City and Association agree to meet biannually to discuss the 8-1
process).
b) 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.
c) 8-11 — Re-Employment
With the approval of the Personnel Director, an employee who has resigned in
good standing from the competitive service may be re-employed to his/her
former position, if vacant, or to a vacant position in the same or comparable
class within one (1) year from date of resignation in accordance with Rule 5-
21. If such re-employment commences within ninety days of the effective date
of resignation, the employee shall not be considered a new employee for
vacation and seniority purposes.
5_ 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 1000 hours 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.
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MSOA MOU Res. No.2000-123
6_ 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 Personnel Director 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, 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 Personnel Director.
Such recommendation shall include the reason(s) for the adjustment, whether
the advancement is to be permanent or temporary, and an effective date.
b) 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 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.
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
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MSOA MOU Res. No.2000-123
2) The date PIERS 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 PIERS pursuant to
Government Section 21154 or otherwise refuses to cooperate with PIERS
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 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.
c) 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 employees physician stating the
last day the employee may work and the estimated duration of leave. The
employee must obtain written authorization to return to work from the attending
physician. Said authorization must be filed with the Department Head and the
Personnel Director."
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MSOA MOU Res. No.2000-123
8. 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 Personnel Director who shall act as hearing officer and
shall set the matter for hearing within fifteen (15) days thereafter and
shall cause notice to be served upon all interested parties. The
Personnel Director, or his representative, shall hear the matter de novo
and shall make recommended findings, conclusions and 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 discretion, receive additional evidence or argument by setting the
matter for hearing within ten (10) days following his receipt of such
report and causing notice of such hearing to be served upon all
interested parties.
Within five (5) days after receipt of report, or the hearing provided for
above, if such hearing is set by the City Administrator, the City
Administrator shall make written decision and cause such to be served
upon the employee or employee organization and the Personnel
Director.
2) Step 5 — Personnel Board Hearing
Hearing. As soon as practicable thereafter, the Personnel Director shall
set the matter for hearing before a hearing officer either selected by
mutual consent of the parties or from a list provided by the Personnel
Commission. Ratification of the hearing officer selected by mutual
consent of the parties, if from a list approved by the Personnel
Commission, shall not require separate approval or-ratification by the
Personnel Commission. The hearing officer shall hear the case and
make recommended findings, conclusions and decision in the form of a
written report and recommendation to the Personnel Commission. In
lieu of the hearing officer process, the Personnel Commission may
agree to hear a case directly upon submission of the case by mutual
consent of the parties.
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9. Rule 20 — Disciplinary Procedure and Appeal
a) 20-1 — Puripose
The purpose of this rule is to provide a procedure for recommending and
imposing discipline against City employees, and a means by which 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 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.
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, and the reasons therefore and effective date or
the action.
c) 20-3— Appeal to Personnel Commission
Disciplinary action involving the termination, suspension, demotion or other
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 after the employee's receipt of a final Notice of
Discipline, a written request for an appeal to the Personnel Commission
shall be submitted to the Personnel Director.
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MSOA MOU Res. No.2000-123
2) Hearing
As soon as practicable thereafter, the Personnel Director shall set the
matter for hearing before a hearing officer. The hearing officer 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 Board.
3) Final Decision
The Board 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 appeal.
d) 204 — Supplemental Hearing by Personnel Board
1) The Board 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
argument. In the event the Board sets a private hearing for such
purposes, the Personnel Director shall give written notice to all parties
concerned in such matter.
2) The Board, following a consideration of the hearing officer's written
report and recommendation and deliberation thereon and any
supplemental hearing before the Board, shall make findings,
conclusions and decisions which shall be final and binding on all parties
and from which there shall be no further appeal.
e) 20-5 — Employee Status on Pending Appeal
Notwithstanding the provisions of Rule 7, Section 74 (Suspension with Pay),
the disciplinary action shall be effective pending an appeal to the Personnel
Commission.
10. 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 of
The City and the employee, or employee organization may, by mutual consent,
extend the time period within which an act must occur in the processing of
grievances.
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MSOA MOU Res. No.2000-123
B. Employer-Employee Relations Resolution
1. Modification of Section 7 — Decertification and Modification
a) The City and the Association desire to maintain labor stability within the
representational unit to the greatest extent possible, consistent with the
employee's right to select the representative of his or her own choosing. For
these purposes, the parties agree that this Agreement shall act as a bar to
appropriateness of this unit and the selection of the representative of this unit,
except during the month of August prior to the expiration of this Agreement.
Changes in bargaining unit shall not be effective until expiration of the MQU
Except as may be determined by the Personnel Commission pursuant to the
procedures outlined below. This provision shall modify and supersede the time
limits, where inconsistent, contained in Section 7 of the current Employer-
Employee Relations Resolution of the City of Huntington Beach.
b) The City and the Association have agreed to a procedure whereby the City, by
and through the Personnel Director, would be entitled to propose a Unit
Modification. The Association and the City agree to jointly recommend a
modification of the City of Huntington Beach Employer-Employee Relations
Resolution (Resolution Number 3335) upon the City's having completed its
obligation to meet and confer on this issue with all other bargaining units.
The proposed changed to the Employer-Employee Relations Resolution is as
follows:
7-3. Personnel Direction Motion of Unit Modification — The Personnel Director
may propose, during the same period for filing a Petition for Decertification,
that an established unit be modified in accordance with the following
procedure:
1} The Personnel Director shall give written notice of the proposed Unit
Modification of Modifications to all employee organizations that may be
affected by the proposed change. Said written notification shall contain
the Personnel Director's rationale for the proposed change including all
information which justifies the change pursuant to the criteria established
in Section 6-5 for Appropriateness of Units. Additionally, the Personnel
Director shall provide all affected employee organizations with all
correspondence, memoranda, and other documents which relate to any
input regarding the Unit Modification which may have been received by
the City or from affected employees and/or sent by the City to affected
employees;
2) Following receipt of the Personnel Director's Proposal for Unit
Modification any affected employee organization shall be afforded not
less than thirty (30) days to receive input from its members regarding the
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MSOA MOU Res. No.2000-123
proposed change and to formulate a written and/or oral response to the
Motion for Unit Modification to the Personnel Commission;
3) 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;
4) 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.
C. Rules Governinq Layoff, Reduction in Lieu of Layoff and Re-Employment
1. Part 1 — Layoff Procedure
a) General Provisions
1) Whenever it is necessary, because of lack of work or funds to reduce the
staff of a City department, employees may be laid off pursuant to these
rules.
2) Whenever an employee is to be separated from the competitive service
because the tasks assigned are to be eliminated or substantially changed
due to management-initiated changes, including but not limited to
automation or other technological changes, it is the policy of the City that
steps be taken by the Personnel Division on an interdepartmental basis to
assist such employee in locating, preparing to qualify for, and being
placed in other positions in the competitive service. This shall not be
construed as a restriction on the City government in effecting economies
or in making organizational or other changes to increase efficiency.
3) A department shall reduce staff by identifying which positions within the
department are to be eliminated.
4) The employee who has the least City-wide service credit in the class
within the department shall have City-wide transfer rights in the class
pursuant to Part 1, Section 3, Transfer or Reduction to Vacancies in Lieu
of Layoffs, or within the occupational series pursuant to Part 2, Bumping
Rights_
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MSOA MOU Res. No.2000-123
5) If a deadline within this procedure falls on a day that City Hall is closed,
the deadline shall be the next day City Hall is open.
b. Service Credit
1) Service credit means total time of full-time continuous service within the
City at the time the layoff is initiated, including probation, paid leave or
military leave. Permanent part-time employees earn service credit on a
pro-rata basis.
2) Except as required by law, leaves of absence without pay shall not earn
service credit.
3) As between two or more employees who have the same amount of service
credit, the employee who has the least amount of service in class shall be
deemed to be the least senior employee.
c. Transfer or Reduction to Vacancies in Lieu of Lavoff
1) In lieu of layoff, a transfer within class shall be offered to an employee(s)
with the least amount of service credit in the class designated for staff
reduction within a department subject to the following:
a) The employee has the necessary qualifications to perform the duties
of the position.
b) The employee shall be given the opportunity, in order of service
credit, to accept a transfer to a vacant position in the same class
within the City, provided the employee has the necessary
qualifications to perform the duties of the position.
c) If no position in the same class is vacant, the employee shall be given
the opportunity, in order of service credit, to transfer to the position in
the same class that is held by an incumbent in another department
with the least amount of service credit whose position the employee
has the necessary qualifications to perform.
2) If an employee(s) is not eligible for transfer within the employee's class,
the employee shall be offered, in order of service credit, a reduction to a
vacant position in the next lower class within the City in the occupational
series in lieu of layoff provided the employee has the necessary
qualifications to perform the duties of the position.
3) If the employee refuses to accept a transfer or reduction pursuant
to A. or B., above, the employee shall be laid off.
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MSOA MOU Res. No.2000-123
d) If the employee(s) in the class with the least amount of service credit is in the
position(s) to be eliminated or displaced by transfer, the employee shall be
offered bumping rights, pursuant to Part 2, Service Credit.
e) Any employee who takes a reduction to a position in a. lower class within the
occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s) pursuant to Part 3., Reemployment.
2. Order of Layoff
a) Prior to implementing a layoff, vacant positions that are authorized to be filled
shall be identified by Citywide occupational series. If the employee refuses to
accept a position pursuant to Section 3., above, the employee shall be laid off.
b) No promotional probationary employee or permanent employee within a class
in the department shall be laid off until all temporary, nonpermanent part-time
and non-promotional probationary employees in the class are laid off.
Permanent employees whose positions have been eliminated may exercise
citywide bumping rights to a lower class in the occupational series pursuant to
Part 2.
c) When a position in a class and/or occupational series is eliminated, any
employee in the class who is on authorized leave of absence or is holding a
temporary acting position in another class shall be included for determining
order of service credit and be subject to these layoff procedures as if the
employee was in his or her permanent position.
3. Notification of Employees
a) The Personnel Division shall give written notice of layoff to the employee by
personal service or by sending it by certified mail to the last known mailing
address at least fifteen (1 a) calendar days prior to the effective date of the
layoff. Normally notices will be served on employees personally at work.
b) Layoff notices may be initially issued to all employees who may be subject to
layoff as a result of employees exercising voluntary reduction/bumping rights.
c) The notice of layoff shall include the reason for the layoff, the effective date of
the layoff, the employee's hire date and the employee's service credit ranking.
The notice shall also include the employee's right to bump the person in a
lower class with the least service credit within the occupational series provided
the employee possesses the necessary qualifications to successfully perform
the duties in. the lower class and the employee has more service credit than
the incumbent in the lower class.
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M50A MOU Res. No.2000-123
d) The written layoff notice given to an employee shall include notice that he or
she has seven (7) calendar days from the date of personal service, or date of
delivery of mail if certified, to notify the Personnel Director in writing if the
employee intends to exercise the employee's bumping rights, if any, pursuant
to Part 2, Bumpinci_Rights.
e) Whenever practicable, any employee with the least amount of service credit in
a lower class within an occupational series which is identified for work force
reduction shall also be given written notice that such employee may be
bumped pursuant to Part 2. This notice shall include the items referred to in
C., above.
f) If an employee disagrees with the City's computation of service credit or listed
date of hire, the employee shall notify the Personnel Director as soon as
possible but in no case later than five (5) calendar days after the personal
service or certified mail delivery. Disputes regarding date of hire or service
credit shall be jointly reviewed by the Personnel Director and the employee
and/or the employee's representative as soon as possible, but in no case later
than five (5) calendar days from the date the employee notifies the Personnel
Director of the dispute. Within five (5) calendar days after the dispute is
reviewed, the employee shall be notified in writing of the decision.
4. Part 2 — Bumping Rights
a) Voluntary Reduction or Bumping in Lieu of Layoff
1) A promotional probationary employee or permanent employee who
receives a layoff notice may request a reduction to a position in a lower
class within the occupational series provided the employee possesses the
necessary qualifications to perform the duties of the position.
2) Employees electing reduction under A above, shall be reduced to a
position authorized to be filled in a lower class within the employee's
occupational series. The employee may reduce to a lower class in his/her
occupational series by: 1) filling a vacancy in that class, or 2) if no
vacancy exists, displacing the employee in the class with the least service
credit whose position the employee has the necessary qualifications to
perform. A displaced employee shall have bumping rights.
3) An employee who receives a layoff notice must exercise bumping rights
within seven (7) calendar days of receipt of the notice as specified in Part
1 . Failure to respond within the time limit shall result in a reputable
presumption that the employee does not intend to exercise any right of
reduction or bumping to a lower class. The employee must carry the
burden of proof to show that the employee's failure to respond within the
time limits was reasonable. If the employee establishes that failure to
respond within the time limit was reasonable, to the Personnel Director's
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MSOA MOU Res. No.2000-123
satisfaction, the employee shall be permitted to exercise bumping rights
but shall not be reinstated to a paid position until the employee to be
bumped has vacated the position. If the employee disagrees with the
Personnel Director's decision, the employee may appeal pursuant to the
provisions of Sections 3 and 4 below.
b) Reinstatement/Re-employment Lists
Any employee who takes a reduction to a position in a lower class within the
occupational series in lieu of layoff shall be placed on tile reinstatement/re-
employment list pursuant to Part 3, Re-employment.
c) Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class within
the occupational series on the basis that the employee does not possess the
necessary qualifications to successfully perform the duties of the lower
position may appeal the decision. The appeal shall be filed with the Personnel
Director within five (5) calendar days of the employee's receipt of written
notice of the decision and reason(s) for denial. The employee's appeal shall
be in writing and shall include supporting facts or documents supporting the
appeal.
d) Qualifications Appeal Hearing
1) Upon receipt of an appeal, the Personnel Director shall contact a mediator
from the California State Mediation and Conciliation Service to schedule a
hearing within two (2) weeks after receipt of the appeal. If the California
State Mediation and Conciliation Service is not available within that time
frame, the parties shall mutually select a person who is available within
the time frame. If the California State Mediation and Conciliation Service
and the person mutually selected are not available within tile time frame,
the parties shall select the earliest date either is available to conduct the
hearing. The parties shall split the cost, if any, of the hearing officer. In
addition, the parties shall meet within three (3) workdays to attempt to
resolve the dispute. If the dispute remains unresolved, the parties shall
endeavor in good faith to submit to the hearing officer a statement of all
agreed upon facts relevant to the hearing.
2) Appeal hearings shall be limited to two (2) hours, except as otherwise
agreed by the parties or directed by the hearing officer.
3) The hearing officer shall attempt to resolve the dispute by mutual
agreement if possible. If no agreement is reached, the hearing officer shall
render a decision at the conclusion of the hearing which shall be final and
binding
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MSOA MOU Res. No.2000-123
5. Part 3 — Re-employment
a) Re-employment
1) Employees who are laid off or reduced to avoid layoff shall have their
names placed upon a reemployment list, for each class in the occupational
series, in seniority order at or below the level of the class from which laid
off or reduced.
2) Names of persons placed on the reemployment lists shall remain on the
list for two (2) years from the date of layoff or reduction.
3) Vacancies shall be filled from the reemployment list for a class, starting at
the top of the list, providing that the person meets the necessary
qualifications for tile position.
4) Names of persons are to be removed from the reemployment list for a
class if on two (2) occasions they decline an offer of employment or on two
(2) occasions fail to respond to offers of employment in a particular class
within five (5) calendar days of receipt of written notice of an offer. Any
employee who is dismissed from the City service for cause shall have his
or her name removed from all re-employment lists.
5) Re-employment lists shall be available to HBMEA and affected employees
upon reasonable request,
6) Qualification appeals involving reemployment rights shall be resolved in
the same manner as that identified in Part 2., Section 4.
b) Status on Re-employment
1) Persons re-employed from layoff within a two (2) year period from the date
of layoff shall receive the following considerations and benefits:
a) Service credit held upon layoff shall be restored, but no credit shall be
added for the period of layoff.
b) Prior service credit shall be counted toward sick leave and vacation
accruals.
c) Employees may cash in sick leave upon layoff or at any time after
layoff in the manner and amount set forth in existing Memoranda of
Understanding for that employee's unit. Sick leave shall be paid to an
employee when the reemployment list(s) expire(s), if not previously
paid.
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MSOA MOU Res. No.2000-123
d) Upon reinstatement the employee may have his or her sick leave re-
credited by repayment to the City the cashed amount. Sick leave
accumulation of less than 480 hours shall be restored upon
reemployment.
e) The employee shall be returned to the salary step of the classification
held at the time of the layoff and credited with the time previously
served at that step prior to being laid off.
f) The probationary status of the employee shall resume if incomplete.
2) Employees who have been reduced in class to avoid layoff and are
returned within two (2) years to their former class shall be placed at the
salary step of the class they held at the time of reduction and have their
merit increase eligibility date recalculated.
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Res. No. 2000-123
STATE OF CALIFORNIA j
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-off icio 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 18th
day of December, 2000 by the following vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff,
Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California