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HomeMy WebLinkAboutCity Council - 2000-7 1: RESOLUTION NO. 2 0 0 0-7 E.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING SALARY AND BENEFITS FOR FISCAL YEARS 1999/2000 AND 2000/2001 FOR MUNICIPAL EMPLOYEES ASSOCIATION WHEREAS, the City Council of the City of Huntington Beach desires to modify salary and benefits for Municipal Employees Association for fiscal years 1999/2000 and 2000/2001, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. Benefits and salary for Municipal Employees Association shall be modified as reflected in EXHIBIT "A," effective as indicated. SECTION 2. Except as modified, existing benefits shall remain in effect. SECTION 3. Any resolution in conflict herewith, whether by minute action or resolution of the City Council heretofore approved, is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18 th day of January 2000 60��- 9 Mayor ATTEST: APPROVED AS TO FORM: City tierk City Attorney -d-r—fq 12- 2-0- C, �I REVIEWED AND APPROVED: INITIATED AND APPROVED: City A&nhiistrator D' ctor of Administrative Services adl/99resa/MEAemployees RL5 99-909-12/20/99 Resolution 2000-7 EXHIBIT A L 3d3_' ,�'.;"$8 r.'x Y i:'i�; � _#�. ii3�a i'� ...,. ra - � l "ri;��M+:.s�.».r.:cisz;:i?3ie��:..w,�mli.:?m., i .;>•�:�' a j�a'p.""—:�::a.:_ � a 7.' 7 3 _.„�i" i::..e...,.,...»..°.:x�*;3�9:' ;. m..m;a.«,.F..... sF.i'wi.�}➢5�"..�ne� mia- '�9 3 +' '}L .�;�:�: t�:� . Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page PREAMBLE................................................................................................................................... 1 ARTICLEI— TERM OF MOU..................................................................................................... 1 ARTICLE II—REPRESENTATIONAL UNIT/CLASS.............................................................. 1 ARTICLE III—MANAGEMENT RIGHTS................................................................................. 2 ARTICLE IV—EXISTING CONDITIONS................................................................................. 2 ARTICLE V—SEVERABILITY................................................................................................... 2 ARTICLE VI—SALARY SCHED ULE........................................................................................2 A. Classification and Salary Rates 2 ARTICLEVII—SPECIAL PAY................................................................................................... 3 A. Education 3 1. Tuition Reimbursement.............................................................................................................................3 B. Acting Assignment 3 C Assignment Pay 3 1. Leadworker Differential............................................................................................................................3 2, Shift Differential............................................................. ...3 ........................................................................ a. Afternoon Shift..........................................................................................................................................3 b. Night Shift................................. ...............................................................................................................4 . c. Shifts Defined............................................................................................................................................4 D. Special Certification/Skill Pav 4 1. Bilingual Skill............................................................................................................................................4 2. Shorthand SkilI..........................................................................................................................................4 3. Plan Checker Senior..................................................................................................................................4 a. Plans Examiner ICBO Certification...........................................................................................................4 b. EIT/AA Degree in Engineering.................................................................... 4. Plan Checker Coordinator.......................................................................................................................... 5 a. Plans Examiner/Buildui Ins ector ICBO Certification............................... ARTICLE VIII— UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT............................. 5 A. Uniforms and Safety Shoes 5 1. Safely Shoes—Cost.................................................................................................... .........5 B. Tool Allowance 5 C. Vehicle Use 5 ARTICLE IX—HOURS OF WORK/OVERTIME....................................................................... 6 A. Work Schedule_ _ 6 1. Hours of Work Study..................................................................... 2. Work Periods under FLSA........................................................... ....6 ......................................................... B. Hours of Work Defined 6 C. Overtime/Compensatory Time 6 1. Paid Overtime............................................................................................................................................6 a. Policy.........................................................................................................................................................6 99-00 MEA MOU.doc i 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page 1) Fair Labor Standards Act......................................................................................................................6 b. Rate of Pay.................................................................................................................................................6 2. Compensatory Time..................................................................................................................................7 a. Exempt Employees....................................................................................................................................7 3. Callback.....................................................................................................................................................7 4. Mandatory Standby.....—............................................................................................................................ 7 5. Holiday Overtime......................................................................................................................................7 ARTICLE X—HEALTHAND OTHER INSURANCE BENEFITS.......................................... 7 A. Health 7 1. Medical......................................................................................................................................................7 1) Annual Deductible................................................................................................................................8 2) Out-of-Network Coinsurance.........................—.................................................................................... 8 2. Dental.................................................................. .................................................................................. 8 3. Optical....................................................................................................................................................... 8 B. Eli ibili 8 1. City_Paid Medical Insurance- Dependents................................................................................................ 8 2. Ci Paid Dental and Optical Insurance-Dependents......................................................—...................... 9 3. Cit 's Contribution to Health Insurance Premiums....................................... a. Employee's Hired prior to December 27. 1997.........................................................................................9 b. Employee's Hired on or after December 27. 1997....................................................................................9 C. COBRA 10 D. Life and Accidental Death and Dismemberment 10 E. Long Term Disabilily Insurance 10 F. Medical Cash-Out 11 G. Section 125 Plan 11 H. MiscelIaneous 11 ARTICLE XI—RETIREMENT.................................................................................................. 12 A. Benefits 12 1. Self-Funded SLipplemental Retirement Benefit....................................................................................... 12 2. Deferred Compensation Retiree Medical Funding)................................................................................ 12 3. Medical Insurance for Retirees................................................................................................................ 13 B. Public Employees' Retirement System 14 1. Employee's Contribution......................................................................................................................... 14 2. "Rollover.................................................................................................................................................. 14 3. Two Percent at AM 5 5 Formula 14 ARTICLEXII—LEAVE BENEFITS......................................................................................... 14 A. Leave With Pay 14 1. Vacation................................................................................................................................................... 14 a) Accrual.................................................................................................................................................... 14 b) Eligibility and Permission............................ c) Conversion to Cash.................................................................................................................................. 15 2. Sick Leave............................................................................................................................................... 16 ' a) Payoff at Termination.............................................................................................................................. 16 b) Extended Absences.......................................................................................................................I..... 16 99-00 MEA MOU.doc ii 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page 3. Bereavement Leave................................................................................................................................. 16 4. Association Business.................................. ........... 16 .................................................................................. 5. Jury Du ................................................................................................................................................. 16 6. Paternity Leave......................... ARTICLEXIII-CITY RULES.................................................................................................. 17 A. Personnel Rules 17 1. Rule 5—Recruitment and Examination Procedure.................................................................................. 17 a) 5-4—Order of Certification..................................................................................................................... 17 b) 5-14—Promotional Exams.................................................................................................................. 17 c) 5-20—Duration of Employment Lists..................................................................................................... 17 2. Rule 7—Disci 1p lne__............................................................................................................................. 18 a) 7-2—Causes for Discipline...................................................................................................................... 18 12) Possession,use or sale of illegal narcotics or habit-forming drugs,while on-duty or on City property-,........................I........................................................................................................................ 18 3. Rule 8—Termination............................................................................................................................... 18 a) 8-1 -Medical Examination. Evaluation of Employee's Work Capacity. Demotion,Transfer or TerminationofA ointment........................................................................................................................ 18 b) 8-3—Layoff in Accordance with Length of Service........................................................................... 19 c) 8-11 —Re-Employment............................................................................................................................ 19 4. Rule 9—Probation................................................................................................................................... 19 a) 9-4--Reiection of Probationary Employee............................................... ......... 19 5. Rule 12—Classification Plan................................................................................................................... 19 a) 12-10—Temporar Employees................................................................................................................ 19 6. Rule 14—Additional Pay and Pay Adjustments......................................................................................20 a) 14-6—Salary Advancements to Meet Recruiting Problems or to Give Credit for Prior Service. Application for Other Advancements...........................................................................................................20 7. Rule 18—Attendance and Leaves....................................................................... a) 18-8—Sick Leave................................................................................................................. ...........20 b) 18-16—industrial Accident Leave......................................................................................................20 c) 18-19—Maternity Leave.........................................................................................................................22 d) 18-20—Leave of Absence without Pay 8. Rule 19 Grievance Procedure Non-Disciplinary Matters.....................................................................22 a) 19-5 Grievance Procedure.......................................................................................................................22 1) Step 4—City Administrator................................................................................................................22 2) Step 5—Personnel Board Hearing......................................................................................................23 9. Rule 20—Disciplinn Procedure and Appeal..........................................................................................23 a) 20-1—Purpose.........................................................................................................................................23 b) 20-2—Disciplinn Procedures................... 1 Notice of Prgj2osed Adverse Ac tion....................................................................................................23 2) Employee's Right to Respond.............................................................................................................23 3) Time Off.............................................................................................................................................23 4) Final Notice of Decision.....................................................................................................................23 c) 20-3—Appeal to Personnel Commission............................... l) Request for Appeal.............................................................................................................................24 2) Hearin ...............................................................................................................................................24 3) Final Decision.....................................................................................................................................24 d) 20-4—Supplemental Hearing by Personnel Board........................................ e) 20-5—Emplo +wee Status on Pending Appeal............................................................................................25 10. Rule 21 —Grievance Procedures-General..............................................................................................25 a) 21-7 Hearing Officers..............................................................................................................................25 b) 21-11 Time. Computation of..............................................................................................................25 c) 21-12 Time. Extension of.......................................................................................................................25 99-00 MEA MOU.doc iii 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page B. Employer-Employee Relations Resolution 25 1. Modification of Section 7-Decertification and Modification................................................................25 C. Rules_Governing Layoff,Reduction in lieu of Layoff and Re-Employment 27 1. Part 1 -Layoff Procedure....................................................................-.-.............................................27 2. Order of La off........--...........................................................................-.............................................28 3. Notification of Em to ees..................................................................................... -..............................29 4. Part 2--Bumping Rights........----.........................................................................................................30 a) VoluntM Reduction or Bumping in Lieu of Layoff...............................................................................30 b) Reinstatement/Re-employment Lists..................................................................................................30 c) Qualifications Appeal............ ................................................................................................................31 d) Qualifications Appeal Heaning............................................................................................................31 5. Part 3-Re-employment..........................................................................................................................31 a) Re-emyloyment.......................................................................................................................................31 b) Status on Re-employment...................................................................................................................32 ARTICLE XIY MISCELLANEOUS......................................................................................... 33 A. Grievance Arbitration 33 B. Promotional Procedures 33 1. Tie Scores................................................................................................................................................33 2. Salary Upon Promotion...................................................................................................... .............33 C. Labor-Management Relations Committee 34 D. Copies of MOU 34 E. Position Classification Issues 34 1. Class Specifications.................................................................................................................................34 2. Reclassification Impact............................................................................................................................35 3. Classification and Compensation Study.................................................................................................. 35 F. Class A and B Driver License Fees 35 G. Job Sbarin 35 H. Deferred Compensation Loan Program 35 ARTICLE XV-CITY COUNCIL APPROVAL......................................................................... 36 LIST OFMOUEXHIBITS......................................................................................................... 37 EXJIIBIT A -MUNICIPAL EMPLOYEES ASSOCIATION SCHED ULE............................. 38 EXHIBIT B- UNIFORM POLICY............................................................................................ 48 A. General 48 B. Affected Personnel 48 C. Basic Uniform Components and Standard Allowances 48 D. Employee Responsibilities 49 E. Qjy Responsibilities 49 F. Department Head Responsibilities 50 G. Purchases and Exceptions 50 99-00 MEA MOU.doc iv 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page EXHIBIT C— VEHICLE USE POLICY..............................................................................I..... 52 Section l -Purpose 52 Section 2- Scope 52 Section 3 - Policy 52 Section 4—Vehicle Use Criteria 52 Section 5—Insurance Requirements 54 EXHIBIT D—MEA FLSA Exempt Classifications................................................................... 56 EXHIBIT E—EMPLOYEE HEALTH PLAN BROCHURE.................................................... 57 EXHIBIT F—DELTA CARE(PMI)DENTAL PLAN BROCHURE...................................... 58 EXHIBIT G—DELTA DENTAL PLAN BROCHURE............................................................. 59 EXHIBIT H—SAFEGUARD DENTAL PLAN BROCHURE.................................................. 60 EXHIBIT I— VISION(VSP) PLAN BROCHURE.................................................................... 61 EXHIBIT J—LONG TERM DISABILITY PLAN BROCHURE............................................. 62 EXHIBIT K—MISCELLANEOUS PROVISIONS OF THE RETIREE S UBSID Y MEDICA L PLAN............................................................................................................................................ 63 ResolutionNumber . .......................................................................................................... 71 99-00 MEA MOU.doc 01/10/00 12:04 PM Resolution 2000-7 Memorandum of Understanding Between The City of Huntington Beach (hereinafter called City) and The Huntington Beach Municipal Employees' Association (hereinafter called Association or MEA) 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 employment for the period December 25, 1999 through December 21, 2001; and WHEREAS, the representatives of the City and the Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made to become effective December 25, 1999 and it is agreed as follows: ARTICLE I - TERM OF MOU A. This Memorandum of Understanding shall be in effect for a term commencing at 12:01 A.M., December 25, 1999 and ending at midnight on December 21, 2001. B. This Agreement constitutes the entire agreement of the parties with respect to improvements or changes in the salaries and monetary benefits for employees represented by the Association for the duration of this Agreement. ARTICLE II - REPRESENTATIONAL UNITICLASS It is recognized that the ASSOCIATION is the employee organization which has the right to meet and confer in good faith with the CITY on behalf of permanent employees of the CITY within those class titles set out in Exhibit "A" attached hereto and incorporated herein. The term "permanent" employee is used only to determine entitlement to certain benefits provided by this MOU and is defined as follows; an employee that has completed or is in the process of completing a probationary period in a permanent position in the competitive service in which the employee regularly works twenty hours or more per week. Additionally, the representation unit shall include all non-safety, non-management classifications which are created after execution of this agreement and are not included in another representation unit or determined in accordance with the Employer-Employee Relations Resolution to be more appropriately designated as non associated classifications. 99-00 MEA MOU.doc 1 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE Ill — 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 CITY 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 CITY the right to make unilateral changes in wages, hours and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of CITY services, including establishing 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. ARTICLE IV— EXISTING CONDITIONS Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits, and terms and conditions of employment which have been established in prior Memoranda of Understanding, and/or provided for in the Personnel Rules of the City of Huntington Beach. ARTICLE V — SEVERABILITY If an article, - sentence, f this r th y e, sub article, a ce, clause, phrase or portion o s o e application thereof to any person, is for any reason held to be invalid or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement or its application to other persons. The City and the Association hereby agree that in the event any state or federal legislative, executive or administrative provision purports to nullify or otherwise adversely affect the wages, hours and other terms and conditions of employment contained in this Agreement or similarly purports to restrict the ability of the parties to negotiate a successor agreement, the City and the Association shall, without prejudice to either party's judicial remedies, endeavor to agree to alternative contractual provisions which are not adversely affected by said legislative, executive or administrative provision. ARTICLE VI — SALARY SCHEDULE A. Classification and Salary Rates Permanent employees shall be compensated at monthly salary rates by classification, title and salary range including four percent (4%) effective December 25, 1999 as set forth in Exhibit A attached hereto and incorporated herein by this reference. Such exhibit shall reflect a three percent (3%) salary increase effective December 23, 2000. 99-00 MEA MOU.doc 2 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE VII —SPECIAL PAY A. Education 1. Tuition Reimbursement Education costs shall be paid to permanent employees on the basis of full refund for tuition' fees, books and supplies-provided, however, that maximum reimbursement shall be at the rates currently in effect in the University of California system or the California State Fire Academy. Upon approval of the Department Head and the Deputy City Administrator/Administrative Services, permanent employees may be compensated for actual cost of tuition, books, fees, at accredited educational institutions that charge higher rates than the University of California, if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and Personnel Director. Refunds shall be made when the employee presents proof to the Deputy City Administrator/Administrative Services that he/she has paid such' costs and successfully completed the course. B. Acting Assignment If a permanent employee is formally assigned to work in a higher classification on a temporary basis for greater than three (3) consecutive weeks, the employee shall be compensated for all hours worked in the higher classification, in the same manner provided in Article XIVB2. C Assignment Pay 1. Leadworker Differential Any permanent employee classified as "Leadworker" shall receive sixteen (16) ranges on the "Universal Salary Schedule" above the highest classification, which is assigned to the Leadworker to lead. 2. Shift Differential a. Afternoon Shift Permanent employees required to work on a regular assigned shift that occurs between the hours of 4:00 PM and midnight, shall be paid a premium equal to five percent (5%) of the employee's base hourly rate for all work performed during said shift. 99-00 MEA MQU.doc 3 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING b. Night Shift Permanent employees required to work on a regularly assigned shift that occurs between midnight and 8:00 AM shall be paid a premium equal to ten (10%) percent of the employee's base hourly rate. c. Shifts Defined Permanent employees will be considered as assigned to the afternoon shift (4:00 PM to midnight) or the night shift (midnight to 8:00 AM) when five (5) or more hours of their regularly assigned shifts occur in the afternoon or night shift as defined herein. D. Special Certification/Skill Pa 1. Bilin-gual Skill Permanent employees who are required by their Department Head to use their bilingual abilities, as part of their job assignment shall be paid an additional five percent (5%) over their regular monthly salary. Employees who are required by their Department Head to utilize the bilingual skills may be required to be tested and certified by the Personnel Director as to their language proficiency in order to be eligible for said compensation. 2. Shorthand Skill Employees who have successfully passed a shorthand skill test and who are required to use shorthand regularly in their jobs shall receive additional compensation in the amount of one hundred ($100) dollars per month. Shorthand skill may be required for selected positions classified as Administrative Secretary, Secretary Legal Senior, Secretary Legal, Office Specialist (Typing), Office Assistant II (Typing), Deputy City Clerk II, and Deputy City Clerk I. Employees who have not passed a shorthand skills test will not be required to use shorthand. 3. Plan Checker Senior a. flans Examiner ICBO Certification Incumbents who have completed their probationary period in the class of Plan Checker Senior who are regularly assigned to the Building Division and who have attained certification as Plans Examiner by I.C.B.O. (International Conference of Building Officials) shall receive additional compensation in the amount of one hundred dollars ($100) per month, provided that active certification is maintained. b. EITIAA Degree in Engineering Incumbents in the class of Plan Checker Senior who are regularly assigned to the Building Division and who have successfully completed the State of California examination for Engineer-in-Training or who have obtained an Associate of Arts degree in engineering or equivalent major, shall receive additional compensation in the amount of one hundred fifty dollars ($1 50) per month. 99-00 MEA MOU.doc 4 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 4. Plan Checker Coordinator a. Plans Examiner/Building Inspector ICBO Certification Incumbents in the class of Plan Check Coordinator who are regularly assigned to the Building Division and who have attained certification as either a Plans Examiner or a Building Inspector by I.C.B.O. (International Conference of Building Officials) shall receive additional compensation in the amount of one hundred dollars ($100) per month, provided that active certification is maintained. ARTICLE VIII — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms and Safety Shoes The City's Uniform and Safety Shoe Policy shall be set forth in Exhibit "B" a copy of which is attached hereto and incorporated herein by this reference, provided however, that employees represented by MEA working in the Police Department shall be issued property in accordance with the equipment issue form for the particular position to which they are assigned. Uniform replacement for employees represented by MEA who are assigned to the Police Department shall be as stated in the Police Department Manual of Rules and Regulations. 1. Safety Shoes — Cost The CITY shall furnish safety shoes in accordance with the procedures and guidelines as set forth in Exhibit "B", provided however, that the maximum amount to be reimbursed for a pair of safety shoes will not exceed one hundred and eighty-five dollars ($185) per pair every six months or sooner, if necessary. B. Tool Allowance Those permanent employees who are required to furnish their own personal tools for use on the job, shall be provided with a tool allowance to offset a portion of the cost for said tools that are lost, stolen or broken when in use on the job. Such allowance shall be $800 per year, payable in January of each year, separate from payroll checks to those employees on active duty. In the event a permanent employee is hired or separates his/her tool allowance for that calendar year shall be prorated on the basis of the total number of months in which he/she was employed on the first working day of the year. It is understood that the employee has the responsibility to exercise care and diligence in preventing the loss, theft and breakage of his or her personal tools. g C. Vehicle Use The City Vehicle Use Policy shall be indicated in the document attached hereto and by this reference incorporated herein as Exhibit C. 99-00 MEA MOU.doc 5 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE IX - HOURS OF WORKIOVERTIME A. Work Schedule 1. Hours of Work Study The parties agree to continue to study the issue of hours of work during the term of the Agreement through a Joint Association/City Study Committee (with equal number of representatives). Upon approval by the City Administrator, implementation of any alternative hours of work may be accomplished on a citywide, department-wide or individual work unit basis. Meetings of the Joint Committee may be called by either the Chief Association representative or the Chief City Representative. The City shall notify the Association and employees at least thirty (30) days prior to any modification of alternative schedules of hours of work in order to discuss any modification of alternative schedules of hours of work before the City implements such modifications. 2. Work Periods under FLSA It is also understood that the City may establish a work period for each covered employee which meets the requirements of the Act and which will not result in overtime compensation as part of a normal work schedule. B. Hours of Work Defined Vacation, holidays, sick leave and compensatory time shall be counted as hours worked. C. Overtime/Compensatory Time 1. Paid Overtime a. Policy It shall remain the policy of the City that overtime is to be used only as needed or under emergency conditions as approved by the City Administrator. 1) Fair Labor Standards Act The CITY and the ASSOCIATION agree that the employees covered by this agreement, and defined as "non-exempt" employees under the Fair Labor Standards Act, shall be subject to the provisions of the Act as interpreted and administered by regulations of the US Department of Labor. The minimum wage and calculation of overtime compensation shall meet the requirements of the Act. b. Rate of Pay Permanent employees who work in excess of forty (40) hours per week shall be compensated at the rate of time and one-half the hourly rate 99-00 MEA MOU.doc 6 01/10100 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING exclusive of any other premiums for all hours worked in excess of forty (40) hours in a given payroll week. 2. Compensatory Time a. Exempt Employees Exempt permanent employees shall have the option of designating up to sixty (60) overtime hours per year to be paid in compensatory time at the time and one-half rate. The employee's department head or supervisor shall approve the scheduling of compensatory time taken. Permanent employees in classifications listed in Exhibit "D" attached hereto and incorporated herein by this reference shall be defined as "exempt" employees who are not subject to the provisions of the Fair Labor Standards Act. 3. Callback The City will reimburse permanent employees called back to work a minimum of two (2) hours of pay at the rate of one and one-half time (1 1/2) his or her regularly hourly rate. A supervisor shall notify an employee, in advance, of the need of work overtime. Where overtime is worked as an extension of the workday, it shall not be considered call back. While overtime may be required to be worked, it is the City's policy to discourage the working of overtime, and to provide reasonable notification to an employee should overtime be required. 4. Mandatory Standby A permanent employee who is placed on standby status by his or her supervisor shall receive four (4) hours straight time pay for each twenty-four (24) hour period on such standby status. 5. Holiday Overtime Permanent employees who are required to work on a legal holiday as designated in Article XII. A.2. shall be compensated at the rate of time and one-half the hourly rate exclusive of any other premiums for all hours worked on said holiday. Holiday pay (time and one-half) will be compensated for work performed on the actual holidays as designated in Article XII. ARTICLE X-- HEALTH AND OTHER INSURANCE BENEFITS A. Health 1. Medical a. The City shall continue to provide group medical benefits to all permanent employees with coverage and other benefits comparable to the group medical plans currently in effect. 99-00 MEA MOU.doc 7 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING b. The coverage and benefits provided under the City Health Plan shall be as set forth in the Plan Document revised January 1, 1998 and from time to time to comply with changes in law requirements or the City's stop-loss re-insurance and developments in medicine. The plan shall be modified effective January 1, 2001 as follows: 1) Annual Deductible Increase the annual deductible from $150 to $200 per individual and $450 to $500 per family. 2) Out-of-Network Coinsurance Reduce the out of-network coinsurance from 70% to 50% for active employees and 70% to 60% for retirees for usual, customary and reasonable charges, after the deductible is met. However, in the event of emergency services, the plan will pay ninety percent (90%) of usual, customary and reasonable charges for non-PPO providers. Emergency services is defined as the following: Services which are immediately required to treat a sudden, serious and unexpected illness or injury, including services to alleviate severe pain associated with sudden serious and unexpected illness or injury. 2. Dental The City shall provide for each permanent employee at the City's expense dental insurance coverage comparable to either Delta-Care (PMI) Group Policy 44002 (Exhibit "F") or Delta Dental Group Policy #4729 (Exhibit "G"). The Delta Plan (#4729) shall include a twenty-five dollar ($25) deductible per person, per year. 3. Optical The City shall provide a Vision Care Plan for permanent employees and their dependents at the City's expense as described in Exhibit "I". 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. B. Eligibility 1. City Paid Medical Insurance - Dependents The City shall pay for health insurance for qualified dependents, subject to the limitations set forth in Article X.A.4.C. effective the first of the month following the month during which the employee completes one (1) year of full- time continuous service as a permanent employee within the City service, except that a permanent part-time employee assigned to a work schedule of less than 2,080 hours, but more than 1,560 hours per year, must complete eighteen (18) months of continuous service, and a permanent part-time employee assigned to a work schedule of less than 1,560 hours, but more than 1,040 hours per year must complete two (2) 99-00 MEA MOU.doc 8 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING years of continuous service before the CITY shall make such payments as set forth above. For purposes of determining continuous service, there shall be no accrual of hours for the period of time an employee is on a non-pay status for a complete pay period. A permanent employee is considered to be continuously employed where there has been no separation from City service. 2. City Paid Dental and Optical Insurance - Dependents Upon completion of one (1) continuous year of service (as defined in Article X.B.1 above), the City shall pay for dependent dental insurance. Upon completion of one (1) continuous year of service (as defined in Article X131 above) the City shall pay for dependent vision care insurance. 3. City's Contribution to Health Insurance Premiums a. Employee's Hired prior to December 27, 1„997 Employees hired prior to December 27, 1997, effective January 1, 2000, the City shall pay medical, dental and vision insurance premiums by category and plan as follows: € € " ._,........ ...,.....:.: g E:':.:.:::::::::`..E.'<:�'.'« EE EE ..................... F ...................................<.<.<.<.<.<. E E F...e:;a..: Pe ....�-.'' E°;•--�.. .E 6���E�.-F.............. Employee $283.28 $165-06 $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 3722 17.58 + Family b. Employee's Hired on or after December 27, 1997 Effective January 1, 2000, the City's contribution toward medical insurance premiums shall be no more than the rate set for (1) employee only, (2) employee plus one, or (3) employee plus family in either of the HMO plans offered by the City. Should the employee elect to be covered by the City plan, the City shall pay an amount equal to the highest HMO rate in the category of coverage selected by the employee. The employee shall pay the difference. The City's contribution toward dental and vision insurance shall be: 99-00 MEA MOU.doc 9 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING tfflVy,>............ .m, Employee $36.99 $22.12 $16.20 $17.58 Only Employee 70.65 37.61 29.16 17.58 + One Employee 100.67 57.51 37.22 17.58 + Family C. Year 2001 Premiums The City will contribute two-thirds of the increase in the premium to the City medical plan and fifty percent of the increase in the HMO. In the event that all other employee groups agree to one HMO for the year 2001; the City shall contribute one hundred percent toward the premium increase in the year 2001. The City shall contribute the full cost of the premium for dental and vision for the year 2001. d. Re-Opener The City and Association agree to re-open discussions on health cost containment and premium contributions on July 1, 2000. C. COBRA Permanent employees who terminate their employment with the City and dependents of permanent employees shall have any and all COBRA benefits to which the law entitles them. D. Life and Accidental Death and Dismemberment The City shall provide for each permanent employee, at City's cost, $25,000 of life insurance and $10,000 accidental death and dismemberment insurance. The City shall also provide for the availability of optional supplemental life and accidental death and dismemberment insurance coverage at the employee's cost. E. Long Term Disability Insurance The City shall provide for each permanent employee at the City's expense a long-term disability insurance plan comparable to the Group Disability Insurance Plan in effect on July 5, 1980 February 1, 1995 (Exhibit "J"). Such plan shall be modified effective November 21, 1988, to provide benefits as outlined in Plan B of Exhibit "J". The parties agree to exclude the first year of job related illness or injury from coverage on condition that the plan provides for a coordination with sick leave, vacations and holidays which is satisfactory to the Association. 99-00 MEA MOU.doc 10 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING F. Medical Cash-Out Effective January 1, 2000, 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, Personnel 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. G. Section 125 Plan Effective February 1, 2000, employees may begin utilizing this plan, which allows employees to use pre-tax salary to pay for regular child care, adult dependent care and/or medical expenses. H. Miscellaneous 1. Nothing in this Article shall be deemed to restrict the City's right to change insurance carriers or self-fund should circumstances warrant. City shall, however, notify the Association of any proposed change, and allow the Association an opportunity to review any proposed change and make recommendations to the City. 2. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. 3. When the City grants an employee leave without pay for reason of medical disability, the City shall maintain the City paid employees' insurance premiums for the time the employee is in a non-pay status for the length of said leave not to exceed twenty-four (24) months. The City shall provide timely written notification of employee rights under this Article and the Long Term Disability Plan and will assist the employee in processing LTD claims so that undue delay in receiving LTD payments is avoided. 4. The City and the Association agree to establish and participate in a citywide joint labor and management insurance benefits advisory committee to discuss and study issues relating to insurance benefits available for employees. 5. Health Plan Over-Payments - Unit members shall be responsible for accurately reporting changes in the status of dependent(s) which affect their eligibility for health plan coverage ninety (90) days after the date of such status change. The City shall use its best efforts to advise all unit members of their obligation to report changes in the status of dependent(s), which affect their eligibility. If an employee fails to report a status change that affects eligibility within ninety (90) days, the City shall have the right to recover any premiums paid by the City, on behalf of ineligible dependents. Recovery of such overpayments shall be made as follows: 99-00 MEA MOU.doc 11 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING a. The employee's bimonthly salary warrant shall be reduced by one- half of the amount of the bimonthly overpayment (e.g., if the overpayment were $150.00 month, the bimonthly contribution would be $75.00. The employee's bimonthly salary payment shall be reduced by $37.50). Such reduction shall continue until the entire amount of the overpayment is recovered. b. The City shall be entitled to recover a maximum of 12 months premium overpayments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. ARTICLE XI — RETIREMENT A. Benefits 1. Self-Funded Supplemental Retirement Benefit Employees hired prior to December 27, 1997 are eligible for the Self- Funded Supplemental Retirement Benefit, which provides that: a. In the event a PERS member elects Option #2 Section 21333 or p { ) Option #3 (Section 21334) of the Public Employees' Retirement law, the Cityshall a the difference between such elected option and the pay P unmodified allowance which the retiree would leave received for his or her life alone. This payment shall be made only to the retiree shall be payable by the City during the life of the member, and upon that retiree'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 permanent employees covered by this Agreement (Note: The options provide that the allowance is payable to the retiree until his or her death, and then either the entire allowance {Option #2] or one- half of the allowance [Option #3] is paid to the beneficiary for life.) b. Employees hired on or after December 27, 1997 shall not be eligible for this benefit referenced in A.1.a. herein above. 2. Deferred Compensation (Retiree Medical Funding) The City and the Association agree to continue the existing funding mechanism whereby permanent employees may set aside funds that, at retirement may be used for funding their medical insurance premiums. The parties agree to utilize the existing Deferred Compensation Plan as said funding mechanism. Any permanent employee who contributes one dollar ($1.00) or more per pay period to his or her deferred compensation account shall receive an employer contribution to the employee's deferred compensation account in the amount of five dollars and fifty cents ($5.50) per pay period. 99-00 MEA MOU.doc 12 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 3. Medical Insurance for Retirees a. Upon retirement, whether service or disability, each permanent employee shall have the following options in regards to medical insurance under City sponsored plans: 1) With no change in benefits, retirees can stay in any of the plans offered by the City, at the retiree's own expense, for the maximum time period required by Federal Law (COBRA), or 2) Retirees retiring after approval of this MOU may participate in the Retiree Medical Plan, attached hereto as Exhibit K, as amended, or either of the HMO plans currently being offered to retirees, based upon the eligibility requirements described in Exhibit K. b. Retired employees exercising either option pursuant to Article X1.A.3a. above may cause the premiums owed by the retiree to be paid by the City out of any available funds due and owing them for unused sick leave benefits upon retirement, as provided in Article XII.A.3a.; provided, however, that whenever any such retired employee does not have any such available funds with which to cause the premiums to be paid, he or she shall have the opportunity to provide the City with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining shall be converted to a dollar figure, as provided in Article XII.A.3a. 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 for unused sick leave benefits are about to be exhausted of such fact in writing by certified mail, return receipt requested, at the retired employee's most recent address of record with the City no later than three (3) months prior to the date upon which there will not be sufficient funds to pay premiums. It shall be the individual retiree's responsibility either to insure that there are sufficient sick leave dollars available to pay premiums or to make premium payments at least one (1) month in advance to continue the group insurance in effect. If, following exhaustion of sick leave funds, a retired employee fails to provide the City with sufficient additional funds to pay premiums, the City shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his or 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 five (35) days of mailing notice. Any retired employee electing to obtain such medical insurance coverage after retirement shall have the further option to terminate such coverage following the provision of thirty (30) days written notice to the City, whereupon any funds due and owing him or 99-04 MEA MOU.doc 13 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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; provided, however, that once such retired employee elects to terminate such coverage, he or she shall be precluded from securing it at a later date at the group rate. B. Public Employees' Retirement System 1. Employee's Contribution Each permanent employee covered by this Agreement shall be reimbursed an amount equal to seven percent (7%) of the employee's base salary as a pickup of the employee's contribution to the Public Employees' Retirement System. The above PERS pickup is not base salary, but is done pursuant to Section 414 (h)(2) of the Internal Revenue Code. 2. "Rollover" No unit employee shall be allowed to continue the rollover benefit provided by Article XI.B.2 of the 1991-93 M.O.U. beyond January 31, 1994. 3. Two Percent at Age 55 Formula Upon agreement of all employee associations representing miscellaneous employees, the City shall initiate a contract amendment with the Public Employees' Retirement System to provide for this benefit as identified in Section 21354. 4. 1959 Survivors Benefit Unit employees shall be covered by the 1959 PERS Level 3 Survivor Benefits. ARTICLE XII — LEAVE BENEFITS A. Leave With Pa 1. Vacation a) Accrual Permanent employees in City service, having an average workweek of forty (40) hours, shall accrue annual vacation with pay in accordance with the following: 1) For the first four (4) years of continuous service, vacation time shall be accrued at the rate of 112 hours per year. 2) After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation shall be accrued at the rate of 136 hours per year. 99-00 MEA MOU,doc 14 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 3) 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 160 hours per year. 4) After fourteen (14) years of continuous service, vacation time shall be accrued at the rate of 192 hours per year. 5) The limit on vacation accumulation shall be three hundred twenty (320) hours. b) Eligibility and Permission No vacation may be taken until an employee completes six (6) months of continuous service. Permanent, part-time employees assigned a work schedule of less than 2,080 hours, but more than 1,560 hours per year, shall receive vacation at three-fourths (314) the rate of permanent, full-time employees, and permanent part-time employees assigned a work schedule of less than. 1,560 hours, but more than 1,040 hours per year shall receive vacation at one-half(112) the rate of permanent, full-time employee. c Conversion to Cash Once during each fiscal year, each permanent employee shall have the option to convert into a cash payment or deferred compensation up to a total of one hundred (100) hours of vacation benefits. The employee shall give two (2) weeks advance notice of his or her desire to exercise such option. 1) Cash Advance — Upon one-week written notification to the Finance Director, each permanent employee shall be entitled to receive his or her earned vacation pay, fewer deductions, in advance, prior to his or her regularly scheduled annual vacation. Such advancement shall be limited to one (1) during each employee's anniversary year. 2) Holidays — All permanent employees represented by the Association shall have the following legal holidays with eight (8) hours of pay. a) New Year's Day b) Martin Luther King Day (third Monday in January) c) Washington's Birthday (third Monday in February) d) Memorial Day (last Monday in May) e) Independence Day (July 4) f) Labor Day (first Monday in September) g) Veteran's Day (November 11) h) Thanksgiving Day (fourth Thursday in November) i) The Friday after Thanksgiving j) Christmas Day (December 25) 99-00 MEA MQU.doc 15 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING k) 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. 2. Sick Leave a) Payoff at Termination Upon termination, all permanent employees shall be paid, at their current salary rate, for twenty-five percent (25%) of unused, earned sick leave from 480 hours through 720 hours, and for fifty percent (50%) of all unused, earned sick leave in excess of 720 hours. b) Extended Absences Sick leave shall not be used to extend absences due to work related (industrial) injuries or illnesses. 3. Bereavement Leave Permanent employees shall be entitled to bereavement leave not to exceed (3) work shift days in each 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, brother-in-law, sister-in-law, stepchildren, grandparents, grandchildren, son-in-law, and daughter-in-law. 4. Association Business An allowance of 50 hours per year shall be established for the purpose of allowing duly authorized representatives of the Association to conduct lawful Association activities. 5. Jury Duty Employees who are regularly scheduled to work on swing or graveyard shifts shall be placed on a day shift if they are rquired to appear for jury duty or selection for a period of more than one day. 6. Paternity- Leave Effective January 1, 2000, fathers may utilize accumulated sick leave in addition to vacation and compensatory time, or take unpaid leave, to care for their newborn or adopted child (or children if more than one is born or adopted at the same time) up to a total of 160 hours annually. 99-00 MEA MOU.doc 16 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE XIII —CITY RULES 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 99-00 MEA MOU.doc 17 01110/0012:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING by the Personnel Director when requested by the Department Head, for additional periods but in no event shall an employment list remain in effect for more than two (2) years. Names placed on such lists shall be merged with others already on the list in order of scores. 2. Rule 7 — Discipline a) 7-2 — Causes for Disci line 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_Apipointment 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 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 his/her 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 99-00 MEA MOU.doc 18 01110/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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) 8811 — 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. 4. Rule 9 — Probation a) 9-4 — Rejection of Probationary Employee Any employee rejected during the probationary period following a promotional appointment, shall receive a performance evaluation for the probationary period served and be reinstated to the position from which the employee was promoted unless charges are filed and the employee is discharged. When an employee is returned to his/her former class under the provisions of this Section, the employee shall serve the remainder of any uncompleted probationary period in the former class. 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. 99-00 MEA MOU.doc 19 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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. 7. Rule 18 -Attendance and Leaves a) 18-8 -Sick Leave The parties agree to modify Section 18-8(d) of the Personnel Rules to provide: Sick leave may be used for an absence due to illness of the employee's spouse, child, stepchild or parent when the employee's presence is required at home, provided that such absence shall be limited to five (5) days per calendar year. 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 99-00 MEA MOU.doc 20 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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 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 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. 99-00 MEA MOU,doc 21 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING c) 18-19 -_Maternity Leave eave 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 fled with the Department Head and the Personnel Director." d) 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 (fi) months. 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. 99-00 MEA MOU.doc 22 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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. 9. Rule 20 —Disci ling Procedure and Appeal a) 20-1 — Purpose The purpose of this rule is to provide a procedure for recommending and imposing discipline against City employees, 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 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 99-00 MEA MOU.doc 23 01/10/00 12:04 PM Resolution 2000=7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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. 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) 20-4 — 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. 99-00 MEA MQU.doc 24 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING e) 20-5 - Employee_Status on Pending Appeal 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. 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) 21-11 Time. Computation of The period of time in which any act must occur, as provided in these rules, shall be computed by excluding the first and including the last day of such period, and in the event the last day falls on a Saturday. Sunday or legal holiday, such acts may be accomplished on the next succeeding working day. As used in Rules 19 and 10, all references to days shall be interpreted to mean calendar days. c) 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. 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 MOU 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) 99-00 MEA MOU.doc 25 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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 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. Fallowing 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. 99-00 MEA MQU.doc 26 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING C. Rules Governina 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. 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. 99-00 MEA MOU.doc 27 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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. 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 La off 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. 99-00 MEA MOU_doc 28 01A0/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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 (15) 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. 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, Bumping 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 99-00 MEA MOU_doc 29 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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) Volunta Reduction or Bumping in Lieu of La off 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 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. 99-00 MEA MOU.doc 30 01/10100 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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 Hearin 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 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. 99-00 MEA MOU.doc 31 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 3) Vacancies shall be filled from the reemployment list for a class, starting at tile 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. 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. 99-00 MEA MOU.doc 32 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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. ARTICLE XIV -MISCELLANEOUS A. Grievance Arbitration Any grievance as defined and described in Rules 19 and 20 of the City Personnel Rules (Resolution No. 3960), shall be settled in accordance with the procedures set forth in said Rules except that the parties to the grievance may, by mutual agreement, submit the grievance to a neutral arbitrator whose decision shall be final and binding on the parties. Tie arbitrator shall be selected by the par-ties from listings of and pursuant to the rules of the American Arbitration Association. This procedure, if adopted by the parties, shall be in lieu of Step 5 of Rule 19, or Step 4 of Rule 20, and the fees charged by the arbitrator or hearing officer and court reporter shall be paid by the party which is not the prevailing party. B. Promotional Procedures 1. Tie Scores When promotions are to be made, and two or more employees are found to be equal as a result of promotional examinations conducted by the City, the employee with the greatest length of service with the City shall receive the promotion. 2. Salary Upon Promotion Upon promotion, an employee shall be compensated at the same step in the salary range for his or her new classification, subject to the following provisions: a. Except for the provisions of sub-paragraphs b and c below, no employee shall receive greater than ten percent (10%) increase upon promotion. b. If "A" Step of the classification upon promotion is greater than 10% increase, the employee shall be compensated at "A" step upon promotion. C. If the employee would be eligible for a step increase within eleven (11) months of the date of promotion in his or her classification before promotion, then the Personnel Director may authorize an increase greater than ten percent (10%) upon promotion. 99-00 MEA MOU.doc 33 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING C. Labor-Management Relations Committee The City and MEA will institute a Labor-Management Relations Committee as follows: 1. The Association and the Employer recognize that the participation of employees in the formulation and implementation of personnel policy and- practices affects their well-being and the efficient administration of the Government. The parties further recognize that the entrance into a formal agreement with each other is but one act of joint participation, and that the, success of a labor-management relationship is further assured if a forum is available and used to communicate with each other. The parties therefore, agree to the structure of Labor-Management Relations Committees (LMRC) for the purpose of exchanging information and the discussion of matters of concern or interest to each of them, in the broad area of working conditions, wages and hours. 2. The City of Huntington Beach shall have an LMRC. The formation of this LMRC shall not serve as the basis for reopening the meet and confer process to modify this MOU. 3. The LMRC shall meet monthly. The employer shall be represented by the City Administrator (or designee), the Personnel Director and Department Heads. Four representatives at these meetings shall represent the Association. 4. The Employer agrees that any meeting conducted under this article shall be conducted in facilities furnished by the Employer, and Association representatives shall be released from their duties to attend the LMRC. b. The parties shall exchange agenda items five workdays before each scheduled LMRC meeting described in this section. Matters not on the agenda may be discussed by mutual consent. If either party timely forwards an agenda, the meeting will be held. D. Copies of MOU The City agrees to print this Memorandum of Understanding, except for Exhibit E, for each employee requesting a copy. E. Position Classification Issues 1. Class Specifications The City shall send the Association a copy of each new job description approved for classifications within the representation unit. 99-00 MEA MOU.doc 34 01/10/00 12:04 PM Resolution 200047 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 2. Reclassification Impact It is not the intention of the City to demote or layoff an employee through reclassification. Prior to imposing a Y-rating, or layoff resulting from classification reviews, the City agrees to meet and confer with Association representatives. 3. Classification and Compensation Studx The City agrees to conduct a classification and compensation study in 2001 for all Association classes that were not reviewed in 1998 or 1999. The results of the study shall include the same criteria used in the 1999 study (i.e. seventy-fifth (75) percentile, no salary reductions). The results of such study shall be presented to the Association and be a subject of negotiation in a successor MOU. F. Class A and B Driver License Fees The City shall reimburse employee's for costs associated with obtaining and renewing Class A and Class B driver licenses where required by the City for the position. G. Job Sharing The City shall direct the Labor/Management Relations Committee (LMRC) to review the feasibility of developing and implementing a Job Sharing Program. H. Deferred Compensation Loan Program Effective January 1, 2000, employees may begin utilizing this program, under which employees may borrow up to 50% of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. I. Performance EvaluationsNVritten Reprimand Appeals Employees may appeal the results of performance evaluation or written reprimands. Such appeals shall be initiated through the appropriate chain of command (which may include the LMRC) and any decision made by the department head shall be considered final. 99-00 MEA MOU.doc 35 01/10/00 12:04 PM Resolution 2000-7 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE XV— CITY COUNCIL APPROVAL It is the intent of the City and Association that this Memorandum of Understanding represents an "Agreement" between the undersigned within the meaning of Section 8-2 of the Huntington Beach Employer-Employee Relations Resolution; however, this Memorandum of Understanding is of no force or effect whatsoever unless adopted by resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 18th day of January , 2000. Huntington Beach City of Huntington Beach Municipal Employees' Association By: By: �. Ray Mer Tom Hasty City Administrator HBMEAreside William H. Osness H MEA Bargaini 7!� ee Personnel Director By: By: n Reekstin HBMEA Bargaining CoYnmiftee dministrative Services Director 9/udz��,, HBMEA Bargaining Committee By: s� d HBM Bargai ommittee By: HBMEA Barg mittee Approved as o Form: — By, ail Hutton Ni Beradino, Chief Nelotiator City Attorney HBMEA Bargaining Committee 99-00 MEA MOU.doc 36 01/10/00 12:11 PM Resolution 2000-7 MEA LIST OF MOU EXHIBITS 3d ax»1�9l$� ye, d': 3 > .... 9d3ie: M::2..y :.' �3 ......�.,� 9Y-•"'Y=:.:::::e9m : 3d:."e_" 9 I ...:39 ...3d93 "' .e.,—d'"2aW.................... 3�i ii =. as 8..---_......;:,.`°. ��33;t;tW.:;.i.,.� '"';�3�1�i;;. :3..>.>�3�I�]ii:;:;:.:.�.."'3" eT^�^"'"""""""iA.3.>°>. A Class/Salary Schedule B Uniform Policy C Vehicle Use Policy D FLSA Exempt Classes E Employee Health Plan F Delta Care (PMI) — Dental Plan G Delta Dental — Dental Plan H Safeguard Dental— Dental Plan I Vision Service Plan J Long Term Disability Plan K Retiree Medical Plan and Subsidy Program 99-00 MEA MOU.doc 37 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT A - MUNICIPAL EMPLOYEES ASSOCIATION SCHEDULE Effective December 25, 1999 Job Code Classification Range A B C D E 1641 Accountant 443 3444 3633 3832 4044 4266 1640 Accountant, Senior 473 3999 4219 4451 4696 4954 6611 Accounting Technician 1 383 2555 2695 2844 3000 3165 6612 Accounting Technician II 402 2808 2962 3125 3297 3479 6613 Accounting Technician, Senior 421 3087 3257 3435 3624 3824 5648 [Administrative Aide 452 3602 3799 4009 4229 4462 6614 Administrative Secretary 395 2709 2858 3016 3182 3357 6621 Art Education Coordinator 402 2808 2962 3125 3297 3479 7691 AudioNisual Coordinator 397 2737 2888 3047 3215 3392 3667 AudioNisual Media Specialist 397 2737 2888 3047 3215 3392 7628 Block Masonry Worker 424 3132 3304 3486 3678 3881 8634 Building Maintenance Srvice Worker 397 2737 2888 3047 3215 3392 3620 Building Maintenance Technician 461 3767 3973 4191 4422 4664 1644 Buyer 450 3565 3761 3968 4186 4417 7623 Carpenter 424 3132 3304 3486 3678 3881 1631 Civil Engineering Assistant 487 4288 4524 4774 5035 5313 1636 Civil Engineering Junior 461 3767 3973 4191 4422 4664 3600 ivilian Check investigator 397 2737 2888 3047 3215 3392 3664 ]aims Examiner 377 2479 2616 2759 2912 3071 3663 51aims Examiner, Senior 459 3728 3933 4150 4378 4619 3634 ode Enforcement Officer 450 3565 3761 3968 4186 4417 3638 ode Enforcement Trainee 408 2891 3051 3219 3396 3583 5641 ommunity Services Analyst 432 3260 3439 3628 3827 4037 5675 ommunity Services Driver 292 1624 1714 1808 1907 2011 5643 Community Services Specialist 418 3042 3208 3385 3571 3767 7614 Communications Technician 439 3377 3562 3758 3964 4183 5623 Community Center Leader 396 2725 2874 3032 3198 3375 3653 Computer Assistant, Library 394 2697 2846 3002 3167 3340 3631 Computer Drafting Technician 471 3957 4176 4406 4649 4905 3649 Computer Operator 385 2581 2723 2872 3030 3196 3660 Computer Operations, Coordinator 481 4163 4392 4633 4888 5157 3661 Computer Operations, Supervisor 500 4576 4827 5093 5373 5668 7629 Concrete Finisher 418 3042 3208 3385 3571 3767 7627 Construction & Maintenance Worker 429 3210 3387 3572 3768 3976 6688 Court Liaison Clerk 384 2567 2707 2857 3014 3181 2681 Crewleader, Beach Maintenance 466 3862 4075 4299 4534 4784 2673 Crewleader, Building Maintenance 471 3957 4176 4406 4649 4905 2670 Crewleader, Electrical Maintenance 471 3957 4176 4406 4649 4905 2688 Crewleader, Irrigation 466 3862 4075 4299 4534 4784 2672 Crewleader, Mechanic Maintenance 471 3957 4176 4406 4649 4905 2686 Crewleader, Park Maintenance 471 3957 4176 4406 4649 4905 2687 Crewleader, Pesticide Advisor 466 3862 4075 4299 4534 4784 2677 Crewleader, Sewer Maintenance 466 3862 4075 4299 4534 4784 2676 Crewleader, Street Landscape 466 3862 4075 4299 4534 4784 2682 Crewleader, Street Services 466 3862 4075 4299 4534 4784 2675 Crewleader, Street Trees 466 3862 4075 4299 4534 4784 2680 ICrewleader, Traffic 471 3957 4176 4406 4649 4905 2669 Crewleader, Traffic Signals 471 3957 4175 4406 4649 4905 2684 ICrewleader, Water Distribution 466 3862 4 775 4299 4534 4784 99-00 MEA MOU.doc 38 01/10/00 12.04 PM Resolution 2000-7 EXHIBIT A — MUNICIPAL EMPLOYEES ASSOCIATION SCHEDULE Effective December 25, 1999 Job Code Classification Range A B C D E 2678 Crewleader, Water Meter Operator 466 3862 4075 4299 4534 4784 2685 Crewleader, Water Production 466 3862 4075 4299 4534 4784 3606 Crime Analyst 397 2737 2888 3047 3215 3392 3605 Crime Analyst, Senior 483 4205 4436 4680 4937 5209 1680 Criminalist, Senior 497 4508 1 4756 5018 5294 5585 3645 3ross Connect Control Specialist 450 3565 3761 3968 4186 4417 5624 uitural Affairs Supervisor 434 3293 3474 3664 3865 4079 6624 3ultural Services Aide 402 2808 2962 3125 3297 3479 8655 Custodian 356 2233 2356 2486 2623 2766 6607 Customer Services Representative 362 2300 2427 2560 2701 2850 6618 Customer Srvcs Represent., Senior 382 2541 2681 2829 2985 3149 6617 Customer Srvcs Represent./Cashier 342 2080 2194 2316 2442 2576 8643 Customer Services Represent./Field 381 2531 2669 2817 2971 3134 6619 Customer Services Supervisor 402 2808 2962 3125 3297 3479 2602 Deputy City Clerk 1 375 2454 2590 2732 2883 3040 2604 Deputy City Clerk 11 424 3132 3304 3486 3678 3881 2627 Development Specialist 461 3767 3973 4191 4422 4664 7622 Electrician 439 3377 3562 3758 3964 4183 7617 Electrician, Traffic Signal 439 3377 3562 3758 3964 4183 3659 Emergency Service Coordinator 460 3747 3954 4170 4399 4642 3627 Engineering Aide 418 3042 3208 3385 3571 3767 3632 Engineering Technician 471 3957 4176 4406 4649 4905 7655 Equipment Maintenance Specialist 450 3565 3761 3968 4186 4417 7650 Equipment Operator, Beaches 408 2891 3051 3219 3396 3583 7643 Equipment Operator, Grader 424 3132 3304 3486 3678 3881 7651 Equipment Operator, Landscape 408 2891 3051 3219 3396 3583 7652 Equipment Operator, Parks 408 2891 3051 3219 3396 3583 7654 Equipment Operator, Sewers 408 2891 3051 3219 3396 3583 7653 iEquipment Operator, Streets 408 2891 3051 3219 3396 3583 7645 Equipment Operator, Traffic 408 2891 3051 3219 3396 3583 7656 Equipment Operator, Water 424 3132 3304 3486 3678 3881 8619 Equipment Support Assistant 403 2822 2978 3141 3314 3496 8618 Equipment Support Coordinator 452 3602 3799 4009 4229 4462 6622 Exhibitions Coordinator 402 2808 2962 3125 3297 3479 5640 Fire Education Specialist 432 3260 3439 3628 3827 4037 3624 Fire Maintenance Assistant 439 3377 3562 3758 3964 4183 3630 Geo. Information Syst. Analyst 481 4163 4392 4633 4888 5157 7643 Grade Operator, Streets 424 3132 3304 3486 3678 3881 8633 Groundsworker 371 2404 2536 2675 2822 2978 3642 Hazmat Specialist 478 4099 4325 4562 4813 5079 7619 Helicopter Mechanic 436 3326 3510 3702 3905 4120 7613 Helicopter Technician 487 4288 4524 4774 5035 5313 2628 Housing Development Specialist 461 3767 3973 4191 4422 4664 1639 Housing Rehabilitation Manager 476 4058 4281 4517 4765 5027 1647 Human Services Coordinator 429 3210 3387 3572 3768 3976 3666 Information Specialist, Video 444 3460 3650 3851 4063 4287 Information Systems Analyst I 462 3782 3990 4210 4443 4687 99-00 MEA MOU.doc 39 01/10100 12:04 PM Resolution 2000-7 EXHIBIT A — MUNICIPAL EMPLOYEES ASSOCIATION SCHEDULE Effective December 25, 1999 Job Code Classification Range A B C D E Information Systems Analyst 11 481 4163 4392 4633 4888 5157 Information Systems Analyst III 500 4576 4827 5093 5373 5668 6694 Information Systems Network Spec. 519 5032 5309 5600 5909 6233 Information Systems Specialist 1 409 2907 3066 3234 3413 3600 Information Systems Specialist II 428 3195 3370 3555 3751 3957 Information Systems Specialist III 451 3581 3779 3987 4207 4439 Information Systems Specialist IV 467 3881 4094 4319 4557 4808 Information Systems Mgr, Library. 481 4163 4392 4633 4888 5157 3681 Inspector 439 3377 3562 3758 3964 4183 3682 Inspectorll 460 3747 3954 4170 4399 4642 3676 Inspector111 478 4099 4325 4562 4813 5079 3622 Inspector Public Works, Senior 471 3957 4176 4406 4649 4905 3623 inspector Public Wrks Trainee 439 3377 3562 3758 3964 4183 3641 inspector, Water Services 440 3392 3579 3777 3985 4203 3640 nspector, Water Services, Senior 471 3957 4176 4406 4649 4905 6644 Inventory Clerk 342 2080 2194 2316 2442 2576 7648 Irri ation Specialist 408 2891 3051 3219 3396 3583 3602 Latent Fingerprint Specialist 449 3546 3742 3949 4165 4394 3604 Latent Fingerprint Spclst, Trainee 411 2935 3096 3266 3446 3635 8687 Leadworker, Building Maintenance 413 2964 3127 3299 3481 3671 8688 Leadworker, Concrete 440 3392 3579 3777 3985 4203 7680 Leadworker, Electrical 455 3657 3858 4070 4293 4529 7678 Leadworker, Hydrant&Valves 419 3056 3224 3401 3588 3786 8682 Leadworker, Landscape 424 3132 3304 3486 3678 3881 8685 Leadworker, Mechanic 440 3392 3579 3777 3985 4203 7682 Leadworker, Mechanic Heavy Duty 452 3602 3799 4009 4229 4462 7664 Leadworker, Painter 440 3392 3579 3777 3985 4203 8683 Leadworker, Park Maintenance 424 3132 3304 3486 3678 3881 8681 Leadworker, Parking Facility 426 3163 3337 3520 3715 3919 8684 Leadworker, Sewer 424 3132 3304 3486 3678 3881 8689 eadworker, Street Cleaning 440 3392 3579 3777 3985 4203 8686 Leadworker, Streets 440 3392 3579 3777 3985 4203 7679 Leadworker, Traffic Signal 455 3657 3858 4070 4293 4529 8692 Leadworker, Traffic Striping 424 3132 3304 3486 3678 3881 7690 Leadworker, Water Construction 440 3392 3579 3777 3985 4203 7683 Leadworker, Water Meter 424 3132 3304 3486 3678 3881 7670 Leadworker, Water Systems 452 3602 3799 4009 4229 4462 1649 Librarian 418 3042 3208 3385 3571 3767 5634 Library Assistant 397 2737 2888 3047 3215 3392 6679 Library Clerk 342 2080 2194 2316 2442 2576 6677 Library Clerk, Principal 381 2531 2669 2817 2971 3134 6678 Library Clerk, Senior 362 2300 2427 2560 2701 2850 6649 Library Clerk Specialist 324 1903 2007 2118 2234 2357 6640 Literary Project Specialist 418 3042 3208 3385 3571 3767 8636 Maintenance Service Worker 397 2737 2888 3047 3215 3392 8638 Maintenance Worker 371 2404 2536 2675 2822 2978 8637 Maintenance Worker, Senior 386 2591 2733 2884 3044 3212 8620 Mechanic 403 2822 2978 3141 3314 3496 99-00 MEA MOU.doc 40 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT A - MUNICIPAL EMPLOYEES ASSOCIATION SCHEDULE Effective December 25, 1999 Job Code Classification Range A B C D E 7635 Mechanic, Heavy Duty 436 3326 3510 3702 3905 4120 7619 Mechanic, Helicopter 436 3326 3510 3702 3905 4120 7636 Mechanic, Senior 424 3132 3304 3486 3678 3881 8627 Mechanic Sewer Pump 403 2822 2978 3141 3314 3496 7638 Mechanic, Sewer Pump, Senior 408 2891 3051 3219 3396 3583 Media Productions Coordinator 424 3132 3304 3486 3678 3881 6610 Medical Claims Processor 377 2479 2616 2759 2912 3071 1655 Micro Database Coordinator 519 3032 5309 5600 5909 6233 6690 Micro Technical Aide 451 3581 3779 3987 4207 4439 3690 Network Support Technician 428 3195 3370 3555 3751 3957 6651 Office Assistant 1 329 1952 2059 2172 2291 2418 6645 Office Assistant II 366 2345 2473 2610 2754 2905 6615 Office Specialist 377 2479 2616 2759 2912 3071 5671 Outreach Assistant 292 1624 1714 1808 1907 2011 7624 Painter 424 3132 3304 3486 3678 3881 5660 Park Naturalist 444 3460 3650 3851 4063 4287 5642 Parking Control Officer 371 2404 2536 2675 2822 2978 3629 Parking Meter Repair Technician 419 3056 3224 3401 3588 3786 8640 Parking Meter Repair Worker 403 2822 2978 3141 3314 3496 3678 Permit Supervisor 428 3195 3370 3555 3751 3957 6620 Permit Technician 371 2404 2536 2675 2822 2978 7662 Pest Control Specialist 408 2891 3051 3219 3396 3583 3628 Plan Checker, Building 471 3957 4176 4406 1 4649 4905 3671 Plan Checker, Public Works, Senior 482 4183 4413 4656 4912 5183 1637 Planner Assistant 461 3767 3973 4191 4422 4664 2610 Planning Aide 418 3042 3208 3385 3571 3767 3639 Planning Graphics Technician 408 2891 3051 3219 3396 3583 7626 Plumber 434 3293 3474 3664 3865 4079 6654 Police Clerk, Senior 377 2479 2616 2759 2912 3071 3658 jPolice Photographer 434 3293 3474 3664 3865 4079 6656 jPolice Specialist 386 2591 2733 2884 3044 3212 6601 lPolice Records Technician 357 2245 2368 2498 2635 2780 6623 Preparator 391 2655 2801 2955 3118 3290 3611 Printing/Forms Coordinator 418 3042 3208 3385 3571 3767 8650 Printing Services Technician 381 2531 2669 2817 2971 3134 3609 Program Specialist 377 2479 2616 2759 2912 3071 1653 Programmer, Senior 500 4576 4827 5093 5373 5668 5638 Property Officer 403 2822 2978 3141 3314 3496 3668 Public Information Specialist 444 3460 3650 3851 4063 4287 Quality Assurance Coordinator 489 4332 4569 4820 5086 5365 5636 Recreation Leader, Senior 429 3210 3387 3572 3768 3976 6633 Secretary, Legal 401 2792 2947 3110 3281 3461 6636 Secretary Typist T 362 2300 2427 2560 2701 2850 5632 Service Officer 418 3042 3208 3385 3571 3767 5630 Service Officer/Alarm 418 3042 3208 3385 3571 3767 5631 Service Officer/Field 418 3042 3208 3385 3571 3767 7646 Service Worker 403 2822 2978 3141 3314 3496 6604 Shift Supervisor, Police 394 2697 2846 3002 3167 3340 7620 Sign Shop Technician 428 3195 3370 3555 3751 3957 5672 Social Worker 396 2725 2874 3032 1 3198 3375 99-00 MEA MOU.doc 41 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT A -- Municipal Employees Association Schedule Effective December 25, 1999 Job Code Classification Range A B C D E 5673 Social Worker Assistant 355 2222 2345 2473 2609 2753 8625 Stock Clerk 371 2404 2536 2675 2822 2978 3635 Survey Party Chief 471 3957 4176 4406 4649 4905 3637 Surveyor 434 3293 3474 3664 3865 4079 3626 Surveyor Aide 418 3042 3208 3385 3571 3767 3657 Telecommunications Aide 434 3293 3474 3664 3865 4079 3656 Telecommunications Coordinator 480 4143 4370 4611 4864 5131 7632 Telemetry Instrument Technician 436 3326 3510 3702 3905 4120 7659 Tree Trimmer, Aerial 408 2891 3051 3219 3396 3583 8629 Tire Service Worker 397 2737 2888 3047 3215 3392 8630 Traffic Maintenance Worker 397 2737 2888 3047 3215 3392 3633 Traffic Technician 471 3957 4176 4406 4649 4905 7641 Vehicle Body Repair 424 3132 3304 3486 3678 3881 7642 Vehicle Body Repair Assistant 471 3957 4176 4406 4649 4905 7675 Vehicle Body Shop Coordinator 452 3602 3799 4009 4229 4462 2612 Video Engineer Supervisor 471 3957 4176 4406 4649 4905 5674 Volunteer Services Coordinator 377 2479 2616 2759 2912 3071 8623 Warehousekeeper 418 3042 3208 3385 3571 3767 8642 Water Meter Reader 381 2531 2669 2817 2971 3134 8641 Water Meter Reader, Senior 397 2737 2888 3047 3215 3392 7647 Water Meter Repair Worker 403 2822 2978 3141 3314 3496 2689 Water Quality Coordinator 466 3862 4075 4299 4534 4784 3643 Nater Quality Technician 440 3392 3579 3777 3985 4203 7667 Nater Systems Technician 1 403 2822 2978 3141 3314 3496 7668 Nater Systems Technician II 416 3009 3175 3351 3534 3728 7669 Nater Systems Technician 111 436 3326 3510 3702 3905 4120 3690 Nord Processing Coordinator 428 3195 3370 3555 3751 3957 99-00 MEA MOU.doc 42 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT A — Municipal Employees Association Schedule Effective December 23, 2000 Job Code Classification Range A B C D E 1641 Accountant 449 3546 3742 3949 4165 4394 1640 Accountant, Senior 479 4118 4345 4585 4838 5105 6611 Accounting Technician 1 389 2631 2775 2928 3089 3201 6612 Accounting Technician 11 408 2891 3051 3219 3396 3583 6613 Accounting Technician, Senior 427 3181 3356 3539 3734 3938 5648 Administrative Aide 458 3711 3916 4131 4358 4597 6614 Administrative Secretary 401 2792 2947 3110 3281 3461 6621 Art Education Coordinator 408 2891 3051 3219 3396 3583 7691Audio/Visual Coordinator 403 2822 2978 3141 3314 3496 3667Audio/Visual Media Specialist 403 2822 2978 3141 3314 3496 7628 Block Masonry Worker 430 3226 3403 3590 3787 3995 8634 Building Maintenance Srvice Worker 403 2822 2978 3141 3314 3496 3620 Building Maintenance Technician 467 3881 4094 4319 4557 4808 1644 Buyer 456 3673 3876 4089 4314 4552 7623 Carpenter 430 3226 3403 3590 3787 3995 1631 Civil Engineering Assistant 493 4418 4661 4917 5188 5474 1636 Civil Engineering Junior 467 3881 4094 4319 4557 4808 3600 Civilian Check Investigator 403 2822 2978 3141 3314 3496 3664 Claims Examiner 383 2555 2695 2844 3000 3165 3663 Claims Examiner, Senior 465 3841 4053 4276 4512 4760 3634 Code Enforcement Officer 456 3673 3876 4089 4314 4552 3638 Code Enforcement Trainee 414 2978 3143 3316 3498 3690 5641 Community Services Analyst 438 3359 3545 3739 3945 4162 5675 Community Services Driver 298 1674 1766. 1863 1966 2073 5643 lCommunity Services Specialist 424 3132 3304 3486 3678 3881 7614 Communications Technician 445 3477 3668 3869 4082 4307 5623 Community Center Leader 412 2947 3110 3281 3461 3652 3653 Computer Assistant, Library 400 2780 2933 3094 3264 3444 3631 Computer Drafting Technician 477 4079 4302 4540 4789 5053 3649 Computer Operator 391 2655 2801 2955 3118 3290 3660 omputer Operations, Coordinator 487 4288 4524 4774 5035 5313 3661 omputer Operations, Supervisor 506 4713 4973 5247 5536 5841 7629 oncrete Finisher 424 3132 3304 3486 3678 3881 7627 Construction & Maintenance Worker 435 3309 3491 3683 3886 4099 6688 Court Liaison Clerk 390 2643 2789 2943 3104 3274 2681 Crewleader, Beach Maintenance 472 3980 4198 4429 4673 4930 2673 Crewleader, Building Maintenance 477 4079 4302 4540 4789 5053 2670 Crewleader, Electrical Maintenance 477 4079 4302 4540 4789 5053 2688 Crewleader, Irrigation 472 3980 4198 4429 4673 4930 2672 Crewleader, Mechanic Maintenance 477 4079 4302 4540 4789 5053 2686 Crewleader, Park Maintenance 477 4079 4302 4540 4789 5053 2687 Crewleader, Pesticide Advisor 472 3980 4198 4429 4673 4930 2677 Crewleader, Sewer Maintenance 472 3980 4198 4429 4673 4930 2676 CrewleadeT, Street Landscape 472 3980 4198 4429 4673 4930 2682 Crewleader, Street Services 472 3980 4198 4429 4673 4930 2675 Crewleader, Street Trees 472 3980 4198 4429 4673 4930 2680 Crewleader, Traffic 477 4079 4302 4540 4789 5053 2669 Crewleader, Traffic Signals 477 4079 4302 4540 4789 5053 2684 Crewleader, Water Distribution 472 3980 4198 4429 4673 4930 99-00 MEA MOU.doc 43 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT A -- Municipal Employees Association Schedule Effective December 23, 2000 Job Code Classification Range A B C D E 2678 Crewleader, Water Meter Operator 472 3980 4198 4429 4673 4930 2685 Crewleader, Water Production 472 3980 4198 4429 4673 4930 3606 Crime Analyst 413 2964 3127 3299 3481 3671 3605 Crime Analyst, Senior 489 4332 4569 4820 5086 5365 1680 Criminalist, Senior 503 4645 4900 5169 5453 5753 3645 Cross Connect Control Specialist 456 3673 3876 4089 4314 4552 5624 Cultural Affairs Supervisor 440 3392 3579 3777 3985 4203 6624 Cultural Services Aide 408 2891 3051 3219 3396 3583 8655 Custodian 362 2300 2427 2560 2701 2850 6607 Customer Services Representative 368 2368 2498 2635 2780 2933 6618 Customer Srvcs Represent., Senior 388 2617 2761 2914 3073 3243 6617 Customer Srvcs Represent./Cashier 348 2142 2260 2385 2517 2655 8643 Customer Services Represent./Field 387 2605 2749 2900 3059 3227 6619 Customer Services Supervisor 408 2891 3051 3219 3396 3583 2602 Deputy City Clerk 1 381 2531 2669 2817 2971 3134 2604 Deputy City Clerk II 430 3226 3403 3590 3787 3995 2627 Development Specialist 467 3881 4094 4319 4557 4808 7622 Electrician 445 3477 3668 3869 4082 4307 7617 Electrician, Traffic Signal 445 3477 3668 3869 4082 4307 3659 Emergency Service Coordinator 466 3862 4075 4299 4534 4784 3627 Engineering Aide 424 3132 3304 3486 3678 3881 3632 Engineering Technician 477 4079 4302 4540 4789 5053 7655 Equipment Maintenance Specialist 456 3673 3876 4089 4314 4552 7650 Equipment Operator, Beaches 414 2978 3143 3316 3498 3690 7643 Equipment Operator, Grader 430 3226 3403 3590 3787 3995 7651 Equipment Operator, Landscape 414 2978 3143 3316 3498 3690 7652 Equipment Operator, Parks 414 2978 3143 3316 3498 3690 7654 Equipment Operator, Sewers 414 2978 3143 3316 3498 3690 7653 Equipment Operator, Streets 414 2978 3143 3316 3498 3690 7645 Equipment Operator, Traffic 414 2978 3143 3316 3498 3690 7656 Equipment Operator,Water 430 3226 3403 3590 3787 3995 8619 Equipment Support Assistant 409 2907 3066 3234 3413 3600 8618 Equipment Support Coordinator 458 3711 3916 4131 4358 4597 6622 Exhibitions Coordinator 408 2891 3051 3219 3396 3583 5640 Fire Education Specialist 438 3359 3545 3739 3945 4162 3624 Fire Maintenance Assistant 445 3477 3668 3869 4082 4307 3630 Geo Information Syst. Analyst 487 4288 4524 4774 5035 5313 7643 Grade Operator, Streets 430 3226 3403 3590 3787 3995 8633 Groundsworker 377 2479 2616 2759 2912 3071 3642 Hazmat Specialist 484 4228 4460 4704 4963 5235 7619 Helicopter Mechanic 442 3425 3614 3813 4023 4246 7613 Helicopter Technician 493 4418 4661 4917 5188 5474 2628 Housing Development Specialist 467 3881 4094 4319 4557 4808 1639 Housing Rehabilitation Manager 482 4183 4413 4656 4912 5183 1647 Human Services Coordinator 435 3309 1 3491 3683 3886 4099 M�--tnforrnation Information Specialist, Video 450 3565 3761 3968 4186 4417 Systems Analyst 1 468 3900 4115 4342 4581 4833 99-00 MEA MOU.doc 44 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT A — Municipal Employees Association Schedule Effective December 23, 2000 Job Code Classification Range A B C D E Information Systems Analyst II 487 4288 4524 4774 5035 5313 Information Systems Analyst III 506 4713 4973 5247 5536 5841 6694 Information Systems Network Spec. 525 5184 5469 5769 6086 6420 Information Systems Specialist 1 415 2993 3158 3331 3515 3709 Information Systems Specialist II 434 3293 3474 3664 3865 4079 Information Systems Specialist Ill 457 3692 3895 4110 4335 4574 Information Systems Specialist IV 473 3999 4219 4451 4696 4954 Information Systems Mgr, Library. 487 4288 4524 4774 5035 5313 3681 Inspector 445 3477 3668 3869 4082 4307 3682 Inspector11 466 3862 4075 4299 4534 4784 3676 Inspector111 484 4228 4460 4704 4963 5235 3622 Inspector Public Works, Senior 477 4079 4302 4540 4789 5053 3623 Inspector Public Works Trainee 445 3477 3668 3869 4082 4307 3641 Inspector, Water Services 446 3494 3687 3890 4103 4328 3640 Inspector, Water Services, Senior 477 4079 4302 4540 4789 5053 6644 Inventory Clerk 348 2142 2260 2385 2517 2655 7648 Irrigation Specialist 414 2978 3143 3316 3498 3690 3602 Latent Fingerprint Specialist 455 3657 3858 4070 4293 4529 3604 Latent Fingerprint Specialist, Trainee 417 3025 3191 3366 3552 3747 8687 Leadworker, Building Maintenance 419 3056 3224 3401 3588 3786 8688 Leadworker, Concrete 446 3494 3687 3890 4103 4328 7680 Leadworker, Electrical 461 3767 3973 4191 4422 4664 7678 Leadworker, Hydrant&Valves 425 3149 3323 3505 3697 3900 8682 Leadworker, Landscape 430 3226 3403 3590 3787 3995 8685 Leadworker, Mechanic 446 3494 3687 3890 4103 4328 7682 Leadworker, Mechanic Heavy Duty 458 3711 3916 4131 4358 4597 7684 Leadworker, Painter 446 3494 3687 3890 4103 4328 8683 Leadworker, Park Maintenance 430 3226 3403 3590 3787 3995 8681 Leadworker, Parking Facility 432 3260 3439 3628 3827 4037 8684 Leadworker, Sewer 430 3226 3403 3590 3787 3995 8689 Leadworker, Street Cleaning 446 3494 3687 3890 4103 4328 8686 Leadworker, Streets 446 3494 3687 3890 4103 4328 7679 Leadworker, Traffic Signal 461 3767 3973 4191 4422 4664 8692 Leadworker, Traffic Striping 430 3226 3403 3590 3787 3995 7690 Leadworker, Water Construction 446 3494 3687 3890 4103 4328 7683 Leadworker, Water Meter 430 3226 3403 3590 3787 3995 7670 Leadworker, Water Systems 458 3711 3916 4131 4358 4597 1649 Librarian 424 3132 3304 3486 3678 3881 5634 Library Assistant 403 2822 2978 3141 3314 3496 6679 Library Clerk 348 2142 2260 2385 2517 2655 6677 Library Clerk, Principal 387 2605 2749 2900 3059 3227 6678 Library Clerk, Senior 368 2368 2498 2635 2780 2933 6649 Library Clerk Specialist 330 1962 2070 2184 2304 2430 6640 Literary Project Specialist 424 3132 3304 3486 3678 3881 8636 Maintenance Service Worker 403 2822 2978 3141 3314 3496 8639 Maintenance Worker 377 2479 2616 2759 2912 3071 8637 Maintenance Worker, Senior 392 2669 2817 2971 3134 3305 8620 IMechanic 409 2907 3066 3234 3413 3600 7635 IMechanic, Heavy Duty 442 3425 3614 3813 4023 4245 99-00 MEA MOU_doc 45 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT A — Municipal Employees Association Schedule Effective December 23, 2000 Job Code Classification Range A B C D E 7619 Mechanic, Helicopter 442 3425 3614 3813 4023 4245 7636 Mechanic, Senior 430 3226 3403 3590 3787 3995 8627 Mechanic Sewer Pump 409 2907 3066 3234 3413 3600 7638 Mechanic, Sewer Pump, Senior 414 2978 3143 3316 3498 3690 Media Productions Coordinator 430 3226 3403 3590 3787 3995 6610 Medical Claims Processor 383 2555 2695 . 2844 3000 3165 1655 Micro Database Coordinator 525 5184 5469 5769 6086 6420 6690 Micro Technical Aide 457 3692 3895 4110 4335 4574 3690 Network Support Technician 434 3293 3474 3664 3865 4079 6651 Office Assistant 1 335 2011 2122 2238 2361 2491 6645 Office Assistant II 372 2416 2550 2690 2837 2993 6615 Office Specialist 383 2555 2695 2844 3000 3165 5671 Outreach Assistant 298 1674 1766 1863 1966 2073 7624 Painter 430 3226 3403 3590 3787 3995 5660 Park Naturalist 450 3565 3761 3968 4186 4417 5642 Parking Control Officer 377 2479 2616 2759 2912 3071 3629 Parking Meter Repair Technician 425 3149 3323 3505 3697 3900 8640 Parking Meter Repair Worker 409 2907 3066 3234 3413 3600 3678 Permit Supervisor 434 3293 3474 3664 3865 4079 6620 Permit Technician 377 2479 2616 2759 2912 3071 7662 Pest Control Specialist 414 2978 3143 3316 3498 3690 3628 Plan Checker, Building 477 4079 4302 4540 4789 5053 3671 Plan Checker, Public Works, Senior 488 4309 4547 4796 5060 5339 1637 Planner Assistant 467 3881 4094 4319 4557 4808 2610 Planning Aide 424 3132 3304 3486 3678 3881 3639 Planning Graphics Technician 414 2978 3143 3316 3498 3690 7626 Plumber 440 3392 3579 3777 3985 4203 6654 Police Clerk, Senior 383 2555 2695 2844 3000 3165 3658 Police Photographer 440 3392 3579 3777 3985 4203 6656 Police Specialist 392 2669 2817 2971 3134 3305 6601 Police Records Technician 363 2312 2439 2572 2714 2863 6623 Preparator 397 2737 2888 3047 3215 3392 3611 Printing/Forms Coordinator 424 3132 3304 3486 3678 3881 8650 Printing Services Technician 387 2605 2749 2900 3059 3227 3609 Program Specialist 383 2555 2695 2844 3000 3165 1653 Programmer, Senior 506 4713 4973 5247 5536 5841 5638 Property Officer 409 2907 3066 3234 3413 3600 3668 Public Information Specialist 450 3565 3761 3968 4186 4417 Quality Assurance Coordinator 495 4463 4709 4968 5242 5529 5636 Recreation Leader, Senior 435 3309 3491 3683 3886 4099 6633 Secretary, Legal 407 2879 3037 3203 3380 3565 6636 Secretary Typist T 368 2368 2498 2635 2780 2933 5632 Service Officer 424 3132 3304 3486 3678 3881 5630 Service Officer/Alarm 424 3132 3304 3486 3678 3881 5631 Service Officer/Field 424 3132 3304 3486 3678 3881 7646 Service Worker 409 2907 3066 3234 3413 3600 6604 Shift Supervisor, Police 400 2780 2933 3094 3264 3444 7620 Sign Shop Technician 434 3293 3474 3664 3865 4079 5672 Social Worker 402 2808 2962 3125 3297 3479 5673 Social Worker Assistant 361 2288 2415 2548 2688 2836 99-00 MEA MOU.doc 46 01110100 12:04 PM Resolution 2000-7 EXHIBIT A — Municipal Employees Association Schedule Effective December 23, 2000 Job Code Classification Range A B C D E 8625 Stock Clerk 377 2479 2616 2759 2912 3071 3635 Survey Party Chief 477 4079 4302 4540 4789 5053 3637 Surveyor 440 3392 3579 3777 3985 4203 3626 Surveyor Aide 424 3132 3304 3486 3678 3881 3657 Telecommunications Aide 440 3392 3579 3777 3985 4203 3656 Telecommunications Coordinator 486 4267 4501 4749 5011 5287 7632 Telemetry Instrument Technician 442 3425 3614 3813 4023 4245 7659 Tree Trimmer, Aerial 414 2978 3143 3316 3498 3690 8629 Tire Service Worker 403 2822 2978 3141 3314 3496 8630 Traffic Maintenance Worker 403 2822 2978 3141 3314 3496 3633 Traffic Technician 477 4079 4302 4540 4789 5053 7641 Vehicle Body Repair 430 3226 3403 3590 3787 3995 7642 Vehicle Body Repair Assistant 477 4079 4302 4540 4789 5053 7675 Vehicle Body Shop Coordinator 458 3711 3916 4131 4358 4597 2612 Video Engineer Supervisor 477 4079 4302 4540 4789 5053 5674 Volunteer Services Coordinator 383 2555 2695 2844 3000 3165 8623 Warehousekeeper 424 3132 3304 3486 3678 3881 8642 Water Meter Reader 387 2605 2749 2900 3059 3227 8641 Water Meter Reader, Senior 403 2822 2978 3141 3314 3496 7647 Water Meter Repair Worker 409 2907 3066 3234 3413 3600 2689 Nater Quality Coordinator 472 3980 4198 4429 4673 4930 3643 Nater Quality Technician 446 3494 3687 3890 4103 4328 7667 Nater Systems Technician 1 409 2907 3066 3234 3413 3600 7668 Nater Systems Technician II 422 3101 3271 3451 3642 3843 7669 ater Systems Technician III 442 3425 3614 3813 4023 4245 3690 ord Processing Coordinator 434 3293 3474 3664 3865 4079 99-00 MEA MQU.doc 47 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT B -- UNIFORM POLICY A. General The City, in accordance with agreements now established, shall furnish uniforms to those personnel designated by the various department heads as required to wear a standard uniform for appearance, uniformity and public recognition purposes, in the procedures and guidelines set forth hereinafter. B. Affected Personnel All employees categorized as field-working assignees shall wear a standard City adopted uniform. Color selection is a light blue shirt and dark blue trousers with appurtenances as described below. Each department head shall determine which group of employees must wear a uniform. C. Basic Uniform Components and Standard Allowances 1. Black safety toe shoes or boots as each assignment dictates. a. Two pair per year. b. Boots will be black, heavy duty and laced. c. Damaged shoes shall be turned into operating supervisor who shall authorize replacement or repair. 2. Five short-sleeved shirts (light blue) the first year, three the second year, and then alternate five uniforms with three uniforms in subsequent years. 3. Five trousers per year (dark blue) the first year, three the second year and then alternate five trousers with three trousers in subsequent years; trousers are to have no cuffs. 4. Dark blue jacket with removable liner, one per year. 5. Four City departmental patches. 6. Absolutely no allowance will be made for socks, underwear, etc. 7. Hard hats, foul weather gear, and steel-toed rubber boots to be furnished each employee with supervisor designated need. 8. Special hazard gloves shall be furnished with supervisor designated need. 9. Safety glasses and face shields shall be furnished with supervisor designated need. 10. Special uniforms shall be furnished. 99-00 MEA MOU.doc 48 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT B - UNIFORM POLICY Continued 11. Ear protectors, arm and shin guards, steel shoe caps, wood heat resistant soles, and other safety equipment shall be furnished to supervisor for designated employees. 12. R-1 safety vests shall be furnished all employees having occasion to work within travelways. D. Employee Responsibilities 1. To wear complete uniform at all times. 2. To wear clean uniform. 3. To wash and provide minimum repair; i.e., buttons, small tears, etc. 4. To provide any alterations necessary including sewing on of City patches. 5. To not wear the uniform for other than City duties or work. 6. To notify supervisor of need to replace due to disrepair or severe staining producing an undesirable appearance. 7. To turn in all patches upon termination prior to receiving final paycheck. 8. To turn in all uniforms upon termination. 9. To turn in all safety equipment upon termination. 10. To wear all safety equipment prescribed by the City safety officer and supervisor of the division. E. City Responsibilities 1. To furnish funding for the agreed uniform allowances. 2. To allow department heads to authorize additions to the basic allowances due to severity of work assignments and frequency of wearing out. 3. To provide and maintain one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. To make arrangements for the standard allotments to be of first line quality work clothing. 99-00 MEA MOU.doc 49 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT B - UNIFORM POLICY Continued 5. To maintain records of purchases. Forms for uniform requests will be provided by the Director of Finance. 6. To establish an expedient procedure for reimbursement to employees for uniforms purchased by employees. F. Der)artment Head Responsibilities 1. To direct and assure employee compliance with attire rules 2. To inspect clothing requests to be replaced. 3. To determine wear frequencies for employees having needs additional to basic allotment. 4. To insist on replacements of deteriorated clothing with special attention to safety equipment and apparel. 5. To enforce a disciplinary program for repeated violations of employee regulations relative to cleanliness, uniform attire, or safety requirements. 6. To demand and confirm receipt of turn-in required equipment upon termination. G. Purchases and Exceptions 1. Clothing shall be purchased at only those outlets as directed by City, unless prior approval is obtained due to size, out of stock, or special type of clothing problems that exist. 2. Shoes or boots shall be purchased through standard outlets designated unless last creates discomfort or injury risk. 3. Safety glasses must be purchased only through designated outlet for City specified amount of dollars, with employee paying the cost for the examination by a private optometrist to obtain a prescription and cost of cosmetic lenses and frames. 4. All safety and foul weather gear shall be purchased by the City. 5. Uniform appearance: a. Patch to be worn above left shirt or jacket pocket. b. Pants to have no cuffs. c. Worn with pride in appearance to public, i.e., shirt buttoned, shirttail tucked in, etc. 99-00 MEA MOU.doc 50 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT B — UNIFORM POLICY Continued 6. Exceptions at discretion of department heads: a. Supervisors need not wear uniform; however, in so electing, must pay for their own clothing. b. Employees who have foot deformities or conditions, which do not allow wearing of safety-toed shoes, shall wear external caps affording equal protection. c. Additional patches shall be furnished to equip the special clothing over the basic allotments. 7. Disposition of Turned-In Clothing — The City shall determine a procedure as to disposition of turned in clothing. 99-00 MEA MOU.doc 51 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT C —VEHICLE USE POLICY Section 1 - Purpose The purpose of these regulations is to establish and implement City policies and procedures relative to the assignment, utilization and control of City-owned vehicles as transportation for employees who engaged in official City business, to establish reimbursement procedures for privately-owned vehicles use d for City business and to clarify the City's responsibility for damage and/or liability for private vehicles used on official City business. Section 2 - Scone These regulations cover the use of City and private vehicles for conducting official City business and shall be applicable to all City departments and employees. Section 3 - Policy When necessary during the course of an employee's official duties, transportation or reimbursement therefor shall be provided by the City. In the event no City vehicle is available, the employee may use the personal vehicle with the approval of the department head. Employees authorized to drive either their own or a City-owned vehicle on official business must possess a valid California driver license for the class of vehicle they will be operating. -The transportation method authorized will be determined in terms of the best interests of the City. The general program set forth in this regulation will be implemented by the City Administrator's Office upon approval of the City Council and administered by the department heads in accordance with the policies herein established. It is the responsibility of each department head to enforce the provisions of this regulation as it relates to employees of his/her department. City-owned vehicles shall only be used for official City business. City-owned vehicles shall not be driven to and kept at the employee's home or any location other than the regular work location or Corporation Yard, except as provided by this regulation. Section 4 —Vehicle Use Criteria 1. Assigned Vehicles: A. Assigned City Vehicles may be taken home by employees whose residence is within ten (10) miles of City Hall for the uses as described below: 1. Executive use includes the City Administrator, Assistant City Administrator and Department Heads. 2. Emergency Response Units: 99-00 MEA MOU.doc 52 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT C —VEHICLE USE POLICY Continued a. Employees who are required to respond more than once per week on an average without delay in order to protect the public health, safety and property. b. Employees who are required to carry special emergency equipment in their vehicles which must be utilized on a regular and frequent basis. (A radio in and of itself does not constitute special emergency equipment.) 3. Continuous use outside of regular working hours -- Employees who are called back on an unscheduled basis to perform official city business outside of regular working hours more than once per week on an average and who meet one of the following criteria: a. Mileage driven on official City business exceeds an average of 500 miles per month, or b. Who regularly and frequently supervises subordinates or conducts inspections in the field, or c. Whose duties require the employee to be a way from his or her base work station greater than 50% of his or her working time, on an average. B. City vehicles, which shall not be taken home, may be assigned based on meeting one of the following criteria: 1. Monthly mileage driven exceeds an average of 500 miles per month and the vehicle is used for the purpose of supervision or inspection in the field, or 2. Duties require the employee to be away from his or her work, station greater than 50% of his or her working time on an average. II. Reimbursement of Use of Personal Vehicle: A. Executive Use — The City Administrator, Assistant City Administrator and Department Heads may, at their option, receive the automobile allowance as established by Resolution. 99-00 MEA MOU.doc 53 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT C -VEHICLE USE POLICY Continued B. Mileage Reimbursement -- Employees, upon authorization of their department head, may use their own vehicles on official City business and shall be reimbursed at the rate of 27d per mile driven on official City business. 1. Employees shall submit monthly claims for reimbursement to the Finance Director Through their Department Head on forms prescribed by the Finance Director. 2. Employees shall not be reimbursed for commuting to and from work, except 42 that employees who are required to attend scheduled meetings outside of normal working hours may be reimbursed for mileage required. Section 5 - Insurance Reouirements All privately-owned vehicles authorized to be used on official City business shall be insured by the individual employee in the minimum amount of S50,000 public liability for any one person and $100,000 public liability for all persons, any one accident. They must also be insured for $25,000 property damage and $15,000 for any one uninsured motorist and $30,000 for all uninsured motorists any one accident. A current certificate of insurance must be filed with the Finance Director. Employee private vehicle information shall be reviewed and updated annually by the respective departments. The record maintained should contain the following current information. • Name of Employee • Operator's License • Insurance Company • Driver's License Expiration Date • Insurance Policy Number • Insurance Expiration Date • Amount of Coverage It shall be the department head's responsibility to insure that no privately owned vehicle is operated on City business without insurance coverage and a valid operators license as required by this regulation. 99-00 MEA MOU.doc 54 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT C —VEHICLE USE POLICY Continued Clarification on City Liability on Use of Private Vehicle: In the event of damage to private vehicles, while on City business where a third party is negligent, the employee should collect damages (including insurance deductibles) from the third party. Where the employee is negligent, the City cannot be held liable for damages to the automobile, but the City can be held responsible for liability to third parties. The City shall be responsible to such employee for the first $100 of comprehensive and/or collision damages suffered b such employee to the extent that such employee's personal automobile insurance policy does not cover such first $100 damage. The employee's insurance policy is considered as the primary coverage, and-the City liability begins after the limitations of the employee's coverage is exhausted. In the event a City employee's personal vehicle is damaged due to accident/collision while being used for official City business and the employee is deprived the use thereof, the City shall furnish such employee with a vehicle during such time as is reasonably required to repair said employee's vehicle. IRMO MEA MOU.dec 55 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT D— MEA FLSA Exempt Classifications ggq—g- 1641 Accountant 1640 Accountant Senior 5648 Administrative Aide 1631 Civil Engineering Assistant 2681 Crewleader Beach Maintenance 2673 Crewleader Building Maintenance 2670 Crewleader Electrical Maintenance 2688 Crewleader Irrigation 2672 Crewleader Mechanical Maintenance 2686 Crewleader Park Maintenance 2677 Crewleader Sewer Maintenance 2676 Crewleader Street Landscape 2682 Crewleader Street Maintenance 2675 Crewleader Street Trees 2680 Crewleader Traffic 2669 Crewleader Traffic Signals 2684 Crewleader Water Distribution 2678 Crewleader Water Operations 2685 Crewleader Water Production 1679 Criminalist 1680 Criminalist Senior 5624 Cultural Affairs Supervisor 2627 Development Specialist 1660 Code Enforcement Officer Senior 1639 Housing Rehabilitation Manager 1647 Human Services Coordinator 1649 Librarian 1637 Planner Assistant 1656 Real Estate Agent 6604 Shift Supervisor 3635 Survey Party Chief 2612 Video Engineer Supervisor 99-00 MEA MOU.doc 56 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT E — EMPLOYEE HEALTH PLAN BROCHURE A copy of the Employee Health Plan Brochure may be obtained from the Insurance and Benefits Division 99-00 MEA MOU.doc 57 01/10/00 12.04 PM Resolution 2000-7 EXHIBIT F — DELTA CARE (PMI) DENTAL PLAN BROCHURE A copy of the Delta Care (PMI) Brochure may be obtained from the Personnel Division 99-00 MEA MOU.doc 58 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT G — DELTA DENTAL PLAN BROCHURE A copy of the Delta Dental Plan Brochure may be obtained from the Personnel Division 99-00 MEA MOU.doc 59 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT H - SAFEGUARD DENTAL PLAN BROCHURE A copy of the Safeguard Dental Brochure may be obtained from the Personnel Division 99-00 MEA MOU.doc 60 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT I —VISION (VSP) PLAN BROCHURE A copy of the Vision (VSP) Brochure may be obtained from the Personnel Division 99-00 MEA MOU.doc 61 01110/00 12:04 PM Resolution 2000-7 EXHIBIT J — LONG TERM DISABILITY PLAN BROCHURE A copy of your Long Term Disability Plan Brochure may be obtained from the Personnel Division 99-00 MEA MOU.doc 62 01/10/00 12:04 PM Resolution 2000-7 EXHIBIT K— MISCELLANEOUS PROVISIONS OF THE 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 Fate 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. 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. 99-00 MEA MOU.doc 63 01/10/00 12:04 PM Resolution 2000-7 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 that exist for all retirees. Payment shall not exceed dollar amount that 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: 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 26 27 28 Note: The above payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. 99-00 MEA MOU.doc 64 01/10/00 12:04 PM Resolution 2000-7 INDEMNITY HEALTH PLAN, EMPLOYE ESIRETIREES' Benefits' City Plan - Employees City Plan - Subsidized Non-Subsidized Retirees Retirees COBRA-eligibles Deductible per person $150 $200 Deductible per family $450 $500 Maximum Out of Pocket $1000 per person $1500 per person $2000 per family $3000 per family Note: Retirees who elect to participate in HealthNet or PacifiCare shall be entitled to benefits of the program chosen. ._ E2 E.m `�_V_.F .' ° '' `' ��t:,.�; - I� _ I(.�r �" s-'.:.� -?..._.,. �3 _. xloE «vE trc, -----€ -�' --'_"--- --' 99-00 MEA MOU.doc 65 01/10/00 12:04 PM Resolution 2000-7 RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS CONTINUED A. Eligibility- 1. The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. Personnel shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post-retirement employment of the retiree or spouse of the retiree, the retiree and his/her spouse must take that coverage regardless of benefit level and shall be deleted from any City Plan coverage. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such "other" medical plan coverage if there is significant disparity between the benefits provided by the "other" medical plan and the Retiree Subsidy Medical Plan as defined below. "Significant disparity" means coverage available under the "other" medical plan is restrictive or limited in one or more of the following ways: 1) No in-patient hospitalization coverage. 2) No major medical benefits 3) Annual deductible is $1,000 or greater per person. 4) Major medical benefits are paid at 60% or less of covered expenses. b. The Risk Manager will have the authority to provide additional exceptions following review of the "other" medical plan policy. Exceptions will be made only if the "other" medical plan benefit provisions are comparable to the guidelines under B above. c. Miscellaneous Provisions: 99-00 MEA MOU.doc 66 01110/00 12:04 PM Resolution 2000-7 RETIREE SUBSIDY MEDICAL PLANIMISCELLANEOUS PROVISIONS CONTINUED 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. S. 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. 99-00 MEA MOU.doc 67 01/10/00 12:04 PM Resolution 2000-7 RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS CONTINUED C. Subsidies: 1. The subsidy payments will pay for: a. Retiree Subsidy Medical Plan. b. HealthNet. c. PacifiCare d. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Regular City Employee Indemnity Plan. G. 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. 99-00 MEA MOU.doc 68 01/10/00 12:04 PM Resolution 2000-7 RETIREE SUBSIDY ME DICAL PLAN/MISCELLANEOUS PROVISIONS CONTINUED 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. 99-00 MEA MOU.doc 69 01/10/00 12:04 PM Resolution 2000-7 RETIREE SUBSIDY MEDICAL PLANIMISCELLANEOUS PROVISIONS CONTINUED 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. 99-00 MEA MOU.doc 70 01/10/00 12:04 PM Resolution Number 2000-7 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 18th day of January, 2000 by the following vote: AYES: Julien, Harman, Garofalo, Green, Dettloff, Bauer NOES: Sullivan ABSENT: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 99-00 MEA MOU.doc 71 01/10/00 12:04 PM